USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 44
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Simon Drouillard was appointed chairman and Col. Alley secretary.
Joseph Drouillard was selected as candidate for organizing sheriff, and ar- rangements were made for circulating a petition to be sent to the Legisla- ture, then in session, praying for the passage of a special act authorizing the organization of the county.
The petition was industriously circulated and extensively signed by the settlers. This petition was sent to the Legislature, whereupon a bill was introduced authorizing the organization of Marion county. The following
849
HISTORY OF MARION COUNTY.
extracts from the journal, dated May 5, 1845, will show what action was taken in the matter:
" Mr. Selby, from the committee on the judiciary, to which was referred H. F. No. 61, a bill to organize the county of Marion, reported the same back to the council, with amendments to which the council agreed.
"On motion of Mr. Coop, the 13th rule was suspended and the bill was read a third time.
" A motion was made by Mr. Hempstead, that ' Marion ' be stricken out and the word 'Polk' inserted, which passed in the negative.
"Yeas 4-nays 8.
"The yeas and nays being demanded
"Those who voted in the affirmative were-Messrs. Abbe, Hempstead, Summers and Mr. President.
" Those who voted in the negative were-Messrs. Bradley, Brattain, Briesly, Coop, Lefler, Selby, Stephenson, Thompson.
"The bill was then agreed to.
"Ordered, That the secretary acquaint the House of Representatives therewith."
The following is a copy of the bill as passed:
"AN Aor to organize the county of Marion.
"SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the following shall constitute and be the boundary of a new county to be called Marion, to-wit., Beginning at the northwest corner of Mahaska county and running west on the township line dividing township seventy-seven and seventy-eight north, to the north- west corner of township seventy-seven, range twenty-one west, thence south to the southwest corner of township seventy-four north, of range twenty- one west, thence east along the township line dividing townships seventy- three and seventy-four north, to the southwest corner of Mahaska county, thence north along the range line dividing ranges eighteen and seventeen to the place of beginning.
"SEc. 2. That the county of Marion be, and the same is, hereby organ, ized from and after the first Monday in August next, and the inhabitants of said county shall be entitled to the same privileges to which by law the in- habitants of other organized counties of this Territory are entitled.
"Smo. 3. That for the purpose of organizing said county, it is hereby made the duty of the clerk of the District Court of said county, and in case there shall be no such clerk appointed and qualified, or for any cause said office shall become vacant on or before the first Monday in August next, then it shall be the duty of the sheriff of Mahaska county to proceed im- mediately after the first Monday in August to order a special election in said county for the purpose of electing three county commissioners, one judge of probate, one county surveyor, one county treasurer, one clerk of the board of county commissioners. one county assessor, one sheriff, one coroner, one recorder, and such number of justices of the peace and consta- bles as may be directed by the officer ordering the same, he having due re- gurd for the convenience of the people, which special election shall be on the first Monday in September next, and that the officer ordering said elec- tion shall appoint as many places of election in said county as the conven- ience of the people may require, and shall appoint three judges of election for each place of voting in the county, and issue certificates of their sp-
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360
HISTORY OF MARION COUNTY.
pointment, and the officer ordering said election shall give at lest ten days' notice of the time and place of holding said election, by three advertise- ments, which shall be posted up at three of the most public places in the neighborhood where each of the polls shall be opened.
" SEo. 4. That the officer ordering said election shall receive and canvass the polle, and grant certificates to the persons elected to fill the several of- fices mentioned in this act; the officers ordering each of said elections shall discharge the duties of a clerk of the board of county commissioners until there shall be one elected and qualified for said county.
" SEO. 5. Said election shall in all cases not provided for in this act be conducted according to the laws of this Territory regulating general elec- tions.
"Sro. 6. The officers elected under the provisions of this act shall hold their offices until the next general election and until their successors are elected and qualified.
"SEC. 7. The officer ordering the election in said county shall return all the books and papers which may come into his hand by virtue of this act to the clerk of the board of county commissioners of said county forthwith after said clerk shall be elected and qualified.
"Szo. 8. That it shall be the duty of the sheriff of Mahaska county to perform the duties required by this act until the first Monday in Septem- ber next, and until a sheriff shall be elected and qualified for said county of Marion, and the said sheriff shall be allowed the same fees for services rendered by him under the provisions of this act that are allowed for simi- lar services performed by the sheriff in similar cases.
" Szo. 9. That the clerk of the District Court of said county of Marion, may be appointed by the judge of said judicial district, and qualified at any time after the passage of this act, but he shall not enter upon the duties of said office prior to the first day of August next.
"Szo. 10. That all actions at law in the District Court for the county of Mabaska commenced prior to the organization of the said county of Marion, where the parties or either of them reside in the county of Marion shall be prosecuted to judgment or decree as fully and effectually as if this act had not been passed.
"Szo. 11. That it shall be the duty of all justices of the peace residing within said county, to return all books and papers in their hands appertain- ing to said office to the next nearest justice of the peace which may be elected and qualified for said county, under the provisions of this act. and all suits at law which may be in the hands of such justice of the peace, and unfin- ished, shall be completed and prosecuted to final judgment by the justice of the peace to whoin such business or papers may have been returned.
" SEC. 12. That the county assessor elected under the provisions of this act for said connty shall assess the said county, in the same manner and be under the same obligations and liabilities as now is, or inay hereafter be, provided by law in relation to the county assessor.
" SEC. 13. That Ezra M. Jones, of Van Buren county, Joseph Robinson, of Scott county, and James Montgomery, of Wapello county, be and they are hereby appointed commissioners to locate and establish the seat of justice of Marion county. Said commissioners or a majority of them shall meet at the house of Wilson Stanley, in said county, on the second Monday in August next, or at such other time in the month of August next & may be agreed upon by them, in pursuance of their duties under this sot
851
HISTORY OF MARION COUNTY.
" Sro. 14. Said commissioners shall first take and subscribe to the follow- ing oath or affirmation; to-wit., we do solemnly swear that we have no in- terest either directly or indirectly in the location of the county seat of Marion county, and that we will faithfully and impartially examine the situation of said county, taking into consideration the future as well as the present population of said county, and that we will take into consideration the best interests of the whole people of the county, and that we will not be influenced by any fee or reward or any promise thereof; which oath shall be administered by the clerk of the District Court, or by some. justice of the peace of said county of Marion, and the officer administering the same shall certify and file the same in the.office of the clerk of the board of county commissioners of said county, whose duty it shall be to record the same.
"SEO. 15. Said commissioners when met and qualified under the provis- ions of this act, shall proceed to locate the seat of justice of said county; and as soon as they shall come to a determination, they shall commit to writing the place so selected, with a particular description thereof, signed by the clerk of the commissioners in which such seat of justice is located, whose duty it shall be to record the same and forever keep it on file in his office, and the place thus designated shall be the seat of justice of said county.
"SEo. 16. Said commissioners shall receive the sum of two dollars per day, while necessarily employed in the duties assigned to them by this act, and two dollars for each twenty miles travel in going and returning, to be paid out of the first funds arising from the sale of lots in said seat of justice.
"SEC. 17. The county of Marion shall form a part of the Second judicial district, and it shall be the duty of the judge of said district to hold one term of said court in the same on the twelfth Monday after the first Mon- day in March each year.
"SEC. 18. This act to take effect and be in force from and after its passage.
" JAMES M. MORGAN, " Speaker of the House of Representatives. "S. C. HASTINGS, " President of the Council. " JOHN CHAMBERS, Governor."
" Approved, June 10, 1845.
FIRST ELECTION.
In accordance with the provisions of this act, William Edmondson, sheriff of Mahaska county, proceed to organize the county. The territory composing the county was subdivided into election precincts, judges and clerks were appointed for the several precincts and notices of election posted up according to law.
We have been unable to find the official notice of the organizing officer, but from the poll-books of the election, we have been enabled to ascertain all the facts relating to the election which will be of interest to the general reader.
The county was subdivided into five election precincts which we desig- Date as follows: Knoxville precinct, English precinct, Cedar precinct, Red
HISTORY OF MARION COUNTY.
Rock precinct and Lake Prairie precinct. In the Knoxville precinct, the election was held at the house of Landon J. Burch. Richard R. Watts, William Burch and John Babcock were judges; Samuel H. Robb and Lan- don J. Burch, clerks of the election. In the English precinct the election was held at the house of Thomas Nichols; the judges were Thomas Nichols, Thomas Tong and David Durham; Joseph Clark and Elias Williams were clerks. In the Lake Prairie precinct the election was held at the house of Robert Stephenson; the judges were James Chesnut, Edward Billaps and R. D. Russell; Mordecai Yearns and Alexander J. Oayton were clerks. ID the Cedar precinct the election was held at the house of Conrad Walters; the judges were Conrad Walters, David Sweem and Garrett W. Clark; B. Sherwood and J. B. White were the clerks. Lake precinct had its place of election at the house of Wilson Stanley; Asa Koons, Wilson Stanley and Levi Bainbridge being judges, and John J. Mudgett and John W. Doweare were clerks.
This being the first election in the county and being held at so carly a period it cannot fail to be an event of great historical importance. We, therefore, will give a very full account of it, exhibiting the vote cast for each candidate, and giving the names of the persons who voted in the sev -. eral precincts
It will be remembered that this report of the first election is copied from official documents which the writer found after great difficulty, and the names of the voters as here given is the fullest and most authentic account yet published of the people who settled in the county prior to September 1, 1845.
KNOXVILLE PRECINOT.
The names of the voters in this precinct are as follows, given in the or- der in which they cast their votes: L. W. Babbitt, Wm. McCord, James W. Watts, John Babcock, Thomas Thomson, John P. Glenn, Nathan Bass, John M. Jones, J. Brous, Henry Hall, James Boakens, W. M. Blankship, John Johnson, Landon J. Burch, Samuel H. Babb, Richard R. Watts, Wm. D. Burch, Lossen G. Terry, A. C. Sharp, Isaac Walters, William D. Hal- sey, John Kinney, Elijah Johnson, James Walters, Wm. H. Garrison, Jer- omiah Shepherd, John Essex, Hiram Pugh. Twenty-eight voters in all.
The vote cast in this precinct was as follows:
FOR COUNTY COMMISSIONER.
David Durham 96
Conrad Walters
96
Thomas Black. 16
William Welch
Richard Billups
Samuel Buffington
1
Thomas Walters
1
1 Sennet Ramey
PROBATE JUDGE.
Levi Bainbridge
18
Francis A. Barker
10
HISTORY OF MARION COUNTY. 858
TREASURER AND COLLEOTOR.
Nathan Bass
90
Joseph Drouillard
4
David T. Durham
8
COMMISSIONER'S OLERK.
Samuel Morgan
16
John H. Bras. 8
Stanford Doud
8
COUNTY SURVEYOR.
H. Hall
15
Isaac B. Power
8
A. Buffington
1
RECORDER.
James Chesnut
18
Reuben S. Lawry
10
A88E88OR.
Green T. Clark
90
Warren S. Mathews
A. C. Sharp
SHERIFF.
George Gillaspy
18
James M. Walters
10
CORONER.
Wellington Nossaman
17
1
Wm. Nossaman
1
JUSTICE OF THE PEACE.
Richard R.' Watts
21
John Babcock.
T
Landon J. Burch 13
Sennet Ramey 6 John T. Purci 4 R. D. R.asset 1
J. West
4
Benajah Williams
1
1
John Conrey
1
CONSTABLE.
Thomas Thompson.
21
James W. Watts 18
James Willis. 8
Elisha Bryne
3
Allen Lowe.
1
Elias Williams
.
1
B. Williams
.
8. Drouillard
854
HISTORY OF MARION COUNTY.
Thus it will be seen that Richard B. Watts was the person first elevated to the office of justice of the peace in the Knoxville precinct, and Thomas Thompson was the first constable.
ENGLISH PRECINOT.
The names of the voters are as follows: Thomas Tong, F. A. Barker, D. T. Durham, Nathaniel T. Day, George Wise, Elias Williams, Lewis S. Jones, John Wise, Joseph Clark, Jacob Hendrix, Thos. Nichols, Henry Sadoros, David Gushwa, James Tong, John P. Pearce, Alex May, Henry Hay- maker, Wm. Greeman, Thomas Gregory, Horace Lyman, Isaac Willsey, Thomas B. Clifford, Wellington Nossaman, Joshua Way, Matthew Ruple, Squire B. Zane, Samuel C. Nicholson, Eli Legget, Benajah Williams, J. A. Rousseau, Andrew McGruder, John S. Foster, Andrew Foster, Benj. Spill- man, Solomon Robison, A. C. Buffington, Allen Lowe, Solomon Thrush. Thirty-eight votes in all.
The vote cast in this precinct was as follows:
COUNTY COMMISSIONER.
Conrad Walters
30
David Durham. 38
William Welch 90
S. W. Buffington 6
PROBATE JUDGE.
Francis A. Barker
26
TREASURER.
David T. Durham
31
Joseph Drouillard
'1
3
SHERIFF.
16
J. M. Walters 18
J. Gillaspy
1
COMMISSIONER'S OLERK.
Stanford Doud
34
John H. Bras
1
Isaac B. Power
26
A. Buffington
4
ASSES8OP.
Green T. Clark
89
A. C. Sharp
5
Warren Mathe
9
CORONER.
W. Nossman
. B. Williams
99
9
Nathan Bass
George Gillespy
SURVEYOR.
855
HISTORY OF MARION COUNTY.
RECORDER.
John Lowry
Reuben S. Lowry . 98
Out of twelve candidates for justice of the peace Benjaman Spillman re- ceived twenty-one votes, being a plurality, and out of ten candidates for constable Andrew McGruder received nineteen votes, which was a plural- ity.
OEDAR PRECINOT.
The voters were as follows: Noah Whitlatch, Conrad Walters, G. W. Clark, Taylor Overton, Robert Willis, John Camplain, Jasper Koons, John G. McGregor, Benj. Sherwood, David Sweem, Silas R. Brown, David Dar- ham, Stanford Doud, Jeremiah Gullian, John Greenman, John R. Welch, Eli Wickersham, E. B. Ryor, John Stewart, Nelson Hill, George Henry, Martin Neel, Wm. Carlysle, John B. Hamilton, Michael Levington, John Conrey, Jobn B. White, Nelson D. Mount, George E. Jewett, Joseph Drouil- lard. Thirty voters in all.
The votes were cast as follows:
COUNTY COMMISSIONER.
Conrad Walters
88
David Durham 26
Wm. Welch. 18
Wm. D. Greenman
5
Sennet Ramey .
2
Samuel Buffington
2 Richard Billups
2
Thomas Black
1
SHERIFF.
James M. Walters
18
George Gillaspy
15
PROBATE JUDGE.
Francis A. Barker
84
TREASURER.
David T. Durham
17
Nathan Bass
9
Joseph Drouillard
SURVEYOR.
Isaac B. Power
14
A. Buffington
2
Reuben Buffington
Claiborn Hall
2
W. Nossaman
18
Wellington Nossaman
CORONER.
1
886
HISTORY OF MARION COUNTY.
AGGEBOOR.
Groen T. Clark 91 A. O. Sharp ..
Warren Mathews
3
RECORDER.
Reuben S. Lowry
85
OLERK OF COMMISSIONERS.
Stanford Doud
86
James Bras
1
John Conrey was elected justice of the peace and David T. Sweem was chosen constable.
RED ROCK PREOINOT.
The following were the voters: Thomas Stevenson, George Gillaspy, Alexander Turner, Henry Lott, S. V. Hughes, Josiah Fain, J. S. West, Samuel Morgan, David Ray, David Tice, M. S. Morris, A. Prouty, Joel Worth, J. H. Mikesell, Ely Hall, T. H. Morgan, Allen Tice, Simon Drouillard, Charles Harp, J. Q. Buffington, Thomas Pollock, William Mi- ler, Samuel Richardson, James Stevenson, D. Kygers, George Tilson, George Stevenson, Edward Drouillard, A. Starts, James Miler, Andrew Stevenson, Robert Russell, A. S. Cayton, Robert Stevenson, James Ches- ant, Freeman Willson, Thomas Black, Mordecai Yearns, C. B. Cannon, William Cannon, Lewis M. Pearce, J. J. Willett, George Billups, E. C. Stevenson, R. R. Billups, Samuel M. Cooley, Reuben Mathews, James Price; forty-eight votes in all.
These votes were distributed among the candidates as follows:
COUNTY COMMISSIONERS.
8. W. Buffington 30
R. M. Billups 27
B. Bowman 18
David Durham
6
Conrad Walters
10
Wm. Welch
13
Thomas Black.
21
SHERIFF.
George Gillaspy
17 J. M. Walters 30
T. C. Pane
1
CLERK OF COMMISSIONERS.
John Bras
30
Samuel Morgan
18
Stanford Dond
4
SURVEYOR.
Claiborn Hall
18
A. Buffington
85
857
HISTORY OF MARION COUNTY.
TREASURER.
N. - B888
15
D. Durham
J. Drouillard.
96
Reuben Lowry
1
ASSESSOR.
W. Mathews .
27
G. T. Clark
16
RECORDER.
James Chesnut
15
Reuben Lowry
88
A. S. Cayton
1
PROBATE JUDGE.
Levi Bainbridge.
5
F. A. Barker
CORONER.
B. Williams
4
W. Nossaman
16
Simon Drouillard was elected justice of the peace, notwithstanding the fact that he had ten competitors; and out of a list of thirteen candidates James Watts received eight votes, which was a plurality.
LAKE PRAIRIE PRECINOT.
The names of the voters are as follows: John George, James Willis, John George, Jr., George W. Copron, John J. Mudjet, Asa Koons, James M. Deweese, Alfred Vertrees, Alexander Elder, John W. Alley, Ose Ma- thews, Isaac B. Power, James Deaton, James Colwell, Win. C. Pane, Levi Bainbridge, Wilson Stanley, Daniel Allman, Jacob C. Brown, Joshua Lind- say, William Cayton, Warren Mathews, Ose Mathews, Jr., Granville Hen- dricks, Simpson Mathews, William J. Buffington, Hormer Mathews, S. W. Buffington, Samuel Bariner, David Galland, Joseph Rohly, Garret Harsin, John Layton, Thomas Mitchell, John Harsin, R. G. Hamil- ton, William Buffington, Jacob Ilar, S. P. Parsons, William Welch, Walker Finley, William George, Benjamin Bowman; forty-three votes in all, dis- tributed among the candidates as follows:
COUNTY COMMISSIONERS.
8. W. Buffington . 27
Richard W. Billups 27
Benjamin Bowman 19
Conrad Walters 12
David Darham
12
Wm. Welch
9
Thomas Black.
4
2 Sennet Ramey
18
858
HISTORY OF MARION COUNTY.
COMMISSIONERS' OLERK.
John H. Bras 88
Stanford Doud. 10
Samuel Morgan
2
SHERIFF.
James M. Walters
31
George Gillaspy
12
SURVEYOR.
A. C. Buffington
18
Isaac B. Power
18
Olaiborn Hall
5
TREASURER.
Nathan Bass
Joseph Drouillard.
19
4
David T. Durham
14
ABBE88OR.
W. S. Mathews
30
Green T. Clark
11
PROBATE JUDGE.
F. A. Barker
26
Levi Bainbridge
7
CORONER.
B. Williams
14
W. Nossaman
6
RECORDER.
Reuben Lowry
25
Isaac Chesnut
2
Wm. C. Pane was elected justice of the peace in this precinct, receiving twenty-one rotes; Elias Williams was elected constable.
In summing up, the following were the successful candidates elected to fill the several county offices:
Commissioners-Conrad Walters, William Welch, David Durham. Commissioners' Clerk-Stanford Doud.
Probate Judge-Francis A. Barker. Sheriff-James M. Walters. Treasurer~David T. Durham. Recorder-Reuben Lowry.
Surveyor- Fiac B. Power. Assessor -Gyven T. Clark. Coroner-Wellington Nossaman.
859
HISTORY OF MARION COUNTY.
To sum up the whole result the vote cast was as follows:
Knoxville precinct
28
English precinct 38
Cedar precinct 30
Red Rock precinct 48
Lake Prairie precinct
43
Total 187
The officers named above, chosen at the election on the first Monday in September, held their places till the next regular election, which occurred in August, 1846. One exception should be made, Stanford Doud, who was elected commissioners' clerk, did not qualify, and Lysander W. Bab- bitt was appointed in his stead.
LOCATION OF THE COUNTY BEAT.
The county commissioners held their first meeting at the newly selected county seat, September 12, 1845. Prior to this time, in August, Joseph Robinson, of Scott county, and James Montgomery, of Wapello county, two of the commissioners appointed by the Legislature to select a location for the seat of justice met at the house of Wilson Stanley and proceeded to visit various places in the county, which were suggested as proper locations for the county seat. They finally agreed upon the northwest quarter of section 7, township 75, range 19, the present site of Knoxville; the report embodying their decision was dated August 25, 1845. The commissioners could not definitely make the location which they had chosen, as that part of the county had not yet been surveyed; the township south, No. 74, had been surveyed however, and they could tell very nearly the location of the quarter of the section which they had designated. The locating commis- sioners gave the newly selected town the name of Knoxville, which was acceptable to all save Mr. Babbitt who during the next session of the Leg- islature succeeded in having the name changed to Osceola. When the action was made known, many people in the county were very indignant. A peti- tion was immediately circulated asking the Legislature to restore the former name. A bill was introduced and passed, repealing the name of Osceola, but owing to an oversight the name of Knoxville was not re- stored. Then for a time the county seat of Marion county had no name at at all. Some time after the matter was fixed by the passage of still another bill restoring the name of Knoxville.
FIRST MEETING OF THE COMMISSIONERS.
The board of county commissioners met on the 12th of September 1845 at the newly selected site of Knoxville. The house in which the first off- cial business of the board was transacted, was a very primitive sort of a structure. It was constructed of lind poles, was about sixteen feet square, was covered with clap-boards, and a square hole cut out of one of the sides, without sash or glass served for a window. The building was located on what is now block 33, and was part of a claim belonging to L. C. Conrey.
23
880
HISTORY OF MARION COUNTY.
The first record of the proceedings of the honorable board as made by Lysander W. Babbitt, their clerk, was as follows:
" Be it remembered that on the 12th day of September, 1845, Conrad Walters, David Durham and William Welch, county commissioners, duly elected and qualified, within and for the county of Marion, in the Terri- tory of Iowa, met at Knoxville, the seat of justice for said county, for the purpose of holding a called session of the county commissioners' court of said county."
The business of this meeting had reference chiefly to the surveying of the town site of Knoxville, and arrangements for the platting of the town and sale of lots.
The second meeting of the commissioners occurred on the second Mon- day in October. The most important action of the board at this meeting had reference to a negro woman, who with her husband had located in the south part of the county. In order to reach this particular case a general order was made by the commissioners, requiring that all blacks or mulat- toes residing in the county should appear before some justice of the peace and give bonds for good behavior or be expelled from the county. In at- tempting to carry out the provisions of this order there resulted complica- tions both tragic and comical. A full account of this matter will be given elsewhere.
In accordance with an order of the board, Isaac B. Power, county sur- veyor, laid off and platted a portion of the town site, and George Gillaspy was appointed auctioneer to sell lots. The first sale of lots occurred Octo- ber 21, 1845. The proceeds of this sale were all applied in liquidating the expense incurred in locating the seat of justice, in surveying the town site and other matters immediately connected with the town site.
The eagle side of a twenty-five-cent United States coin constituted the first county seal. This was used until the county commissioners concluded the county was rich enough to have a better one, and one was ordered made.' It was made of iron, about the size of a six-ounce weight, plain on one side and on the other two circular grooves, one near the border and the other farther within. Between the two grooves are the words: "County Commissioners' Seal of Marion County." Within the circumference of the inner groove is a plow and the word "Iowa." The manner of using the seal was as follows: It was carefully laid upon the document which was to be sealed, then a wooden peg or stick was carefully placed horizontally upon it, then the end of the stick was struck with a mallet, and by this means an impression of the seal was made upon the paper. This seal hav- ing served its official career was replaced by one of more modern de- vice. The old seal is now in the possession of Mr. Francis Barker and is a relic well worth preserving.
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