USA > Iowa > Marshall County > The History of Marshall County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men etc > Part 38
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April 10, 1848, the Board of Commissioners of Jasper County adopted the following :
Ordered by the Board. That there hereby is a township laid off in the boundaries of Marshall County, to be known by the name of Minerva Creek Township ; the place of holding the election to be at the house of George W. Halley. George W. Halley. Washington Asher and David Miller to act as Judges of Election.
January 1, 1849, the Board allowed Joab Bennett, of Jasper, three dollars for assessing Marshall County, which job took three days' time,
The county of Marshall was organized under the management of Joseph M. Ferguson, who was vested with authority by the general laws of the State, by the provisions of which the District Court had power to appoint an Organ- izing Sheriff, when proper application had been made.
Mr. Ferguson, as Organizing Sheriff, called the first election in the county on the 6th day of August, 1849. Under the caption of " Elections " is given a detailed report of this and subsequent elections.
The vote numbered twenty-eight ballots, and resulted in the election of J. M. Ferguson, Sheriff; Jesse Amos, Joseph Cooper and James Miller, Commission- ers ; Zeno B. Freeman, Treasurer ; A. J. Smith and Joshua Kemp, Justices of the Peace.
The first session of the Commissioners was held at the house of one of the Board-Jesse Amos-on Section 28, Town 85 north, Range 19 west, in what is now Bangor Township.
There was no seat of justice established in the county at that time, and the meetings of the Board were held at the houses of the Commissioners, as con- veniences suggested, for the first year or more. The chapter on " Fiscal Rec- ords," in this volume, contains as full an account of those meetings as can be obtained, because of the loss of the few sheets of foolscap paper, stitched to- gether as a rude book, which formed the first volume of the Commissioners' Minutes. The documentary evidence obtainable to-day is exceedingly meager, and is but a list of the county orders issued by the Board in the year 1850. It is safe to accept the absence of the records as an indication of the lack of very important business.
By an act of the Legislature of Iowa, approved January 21, 1851, Messrs. B. B. Berry, of Mahaska County ; Manley Gifford, of Jasper County, and W. W. Walker, of Dallas County, were appointed Commissioners to locate the county seat of this county.
Messrs. Gifford and Miller performed the trust accorded them, and chose the east half of the southeast quarter of Section 13, Town 84 north, Range 19 west, and the west half of the southwest quarter of Section 18. Town 84 north, Range 18 west. The site thus chosen, the Commissioners named " Marietta."
The long chapter on the "County Seat Contest" contains a full descrip- tion of the location of the county seat, and the subsequent complications arising therefrom.
The county seat having been established, a Court House was erected by Alexander Crow, in 1852.
In 1851, the Legislature abolished the Commissioner system of govern- ment in counties, and substituted therefor a plan known as the County Judge system. One man was elected by the people, with powers equal to those formerly possessed by the Board of Commissioners. John B. Hobbs was. elected Judge of the County Court, in 1851.
337
IHISTORY OF MARSHALL COUNTY.
Of the proceedings of this court there can be found but fragmentary docu- ments prior to July 5, 1852, at which period Minute Book "A" begins. The business transacted was undoubtedly of a mere routine nature, until the Sep- tember term of the court, when the suggestion of organizing new townships was entertained.
The October term was almost entirely given up to the consideration of this important matter. The division of the county at the date of the proposition was Minerva Creek, Iowa River and Jefferson Townships. The population of these townships may be estimated from the statement of the vote cast at the general election in 1852: Minerva Creek, 29; Iowa River, 10; Timber Creek, 31.
At the October term was perfected the creation of Iowa, Washington, Marietta, Economy, Jefferson and Minerva Townships. The plan did not prosper, however, and the election returns show that polling precincts were- never legally established in the numerous subdivisions.
This method of dividing the county did not prove at all satisfactory, and at the March term, 1853, the County Court again considered the subject. The records read : " There being many applications made for the alteration of town- ships, it being the opinion that a less number of townships would be to the advantage of the county; Therefore, the Court has changed and altered the townships," as follows :
Iowa Township began at the northeast corner of the county and ran west to the crossing of the north line by the Iowa River; thence followed the stream to where it crossed the east line; thence on the east line of the county to place of beginning.
Marietta Township began at crossing of the north line of the county by the Iowa River; thence to northwest corner of the county ; thence on west line of county to the southwest corner ; thence east on the south line of county to the section line between Sections 33 and 34, Township 82 north, Range 19 west ; thence on said line north to north line of Township 83, Range 19, between Sec- tions 3 and 4 ; thence east on township line between Townships 83 and 84 to section line between 33 and 34, Township 84, Range 18; thence north on said line to Iowa River; thence running on south side of river to place of be- ginning.
Jefferson Township began at the east line of the county, where the Iowa River crossed the same; thence west on south side of river to section line be- tween Sections 27 and 28, Township 84 north, Range 18 west; thence south on said line to township line between 83 and 84; thence west on said line to section line between Sections 3 and 4, Township 83; thence south to south line of the county ; thence east to southeast corner of the county ; thence north to place of beginning.
On the 27th day of September, 1853, Alexander Crow made a formal tender of the Court House building to the county. Judge Wm. C. Smith, who succeeded Judge Hobbs, accepted the same, as is shown by this entry in the court minutes :
September the 27th, A. D. 1853. Alexander Crow tenders to the county of Marshall a cer- tain Court House, contracted for between the said Crow and the county of Marshall, State of Iowa, and the said county of Marshall, by her agent William C. Smith, County Judge of said county, has this 27th day of September, A. D. 1853, received said Court House and paid therefor $508.75, in town lots in the town of Marietta, in the county of Marshall, State of Iowa, and $30.50 by voluntary subscriptions, and $365.75, in county warrants and bonds ; making in all $905, the price agreed upon for building said Court House.
WILLIAM C. SMITH, County Judge.
338
HISTORY OF MARSHALL COUNTY.
At the March Term, 1855, the County Court re-divided the county into the following townships :
Iowa Township began at the northern boundary of the county where the Iowa River crosses that boundary, in Section 2, Township 85, Range 19; thence following the course of the river to the line between Sections 23 and 24, in Township 84, Range 18; thence north on the section line to the northern boundary of the county : thence west on this northern line to the place of be- ginning.
Marion Township began on the section line between Sections 23 and 24, in Township 84, Range 18, where the Iowa River crosses that line ; thence north on the section line to the northern boundary of the county ; thence east to the northeast corner of the county ; thence south on the eastern boundary of the county to the northern bank of the Iowa River; thence along the course of the river to the place of beginning.
Le Grand Township began where the Iowa River crosses the eastern boundary of Marshall County, in Section 1, Township 83, Range 17; thence south on the eastern boundary to the southeast corner of said county ; thence west on the southern boundary of the county to the township line, between Ranges 17 and 18; thence north on the township line to the northeast corner of Section 6, in Township 83, Range 17; thence east on the township line to the Iowa River; thence along the course of the river to the place of beginning.
Marshall Township began where the Iowa River crosses the line between Townships 83 and 84, Range 17; thence along the meanderings of the Iowa River to the section line between Sections 16 and 17, in Township 84, Range 18 : thence south on the section line to the township line between Townships 83 and 84. Range 18 : thence west on the township line to the township line be- tween Ranges 18 and 19; thence south on the township line to the southwest corner of Section 7, in Township 83, Range 18; thence east on the township line to the place of beginning.
.Jefferson Township began at the southeast corner of Section 12, in Town- ship 83, Range 18; thence running south on the township line to the southern boundary of the county ; thence west to the township line between Ranges 19 and 20: thence north to the southwest corner of Section 7, in Township 83, Range 19; thence east on the section line to the place of beginning.
Marietta Township began where the Iowa River crosses the section linc be- tween Sections 27 and 28, in Township 84, Range 18; thence following up the course of the river to the township line between Townships 84 and 85, Range 19: thence west to the northwest corner of Township 84, Range 19; thence south on the township line to the southwest corner of Section 7, in Township 83. Range 19; thence east on the section line to the southcast corner of Section 12 in said township; thence north on the township line to the northeast corner of said township; thence east to the section line between Sections 30 and 34; thence north on the section line to the place of begin- ning.
Bangor Township began where the Iowa River crosses the township line, between Townships 84 and 85, Range 19; thence following the course of the river to the northern boundary of Marshall County ; thence west to the north- west corner of Township 85, Range 19; thence south to the southwest corner of said township; thence east to the place of beginning.
Liberty Township began at the northeast corner of Township 85, Range 20 : thence west to the western boundary of the county ; thence south on the western line to the southwest corner of Township 84, Range 20; thence east
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BANKER, MARSHALLTOWN
341
HISTORY OF MARSHALL COUNTY.
on the township line to the southeast corner of that township ; thence north on the township line to the place of beginning.
Eden Township began at the northeast corner of Township 83, Range 20; thence west to the western boundary of the county ; thence south to the south- west corner of the county ; thence east to the southeast corner of Township 80, Range 20: thence north on the township line to the place of beginning.
Green Castle Township was composed of Congressional Township 82 north, Range 17 west, and was organized in 1856.
Vienna Township was composed of Congressional Township 85 north, Range 17 west, and the east six sections of Township 85 north, Range 18 west.
Washington Township, the second so named in the county, the first having been abolished by the court in 1853, was created in 1859, and was composed of Towns 82 and 83 north, Range 19 west.
Timber Creek Township was created in 1861 out of Town 83 north, Range 18 west.
State Center Township was created in 1866 from Town 83 north, Range 20 west. Logan Township was created in 1869 from Town 82 north, Range 19 west.
Liscomb Township was created in 1869 from Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23, Town 85, Range 18, and Sections 1, 2, 11, 12, 13, 14, 23 and 24, Town 85, Range 19.
Taylor Township was created in 1871, from Sections 1, 2, 3, east half of 4, east half of 9, 10, 11, 12, 13, 14, 15, 16, and the north half of Sections 21, 22, 23 and 24, in Town 84, Range 18.
The present formation of the townships of the county is as follows :
Vienna remains as originally defined and herein described.
Liscomb as originally defined.
Bangor consists of the four west tiers of Town 85, Range 19, except the east half of Section 27, and the northeast quarter of Section 34.
Liberty is Town 85, Range 20.
Minerva is Town 84, Range 20.
Marietta is Town 84, Range 19, except Section 1 thereof; and Sections 17, 18, 19 and 20 of Town 84, Range 18.
lowa was changed, in 1869, and made from the following irregular terri- tory : Sections 26 to 35. Town 85, Range 18; Sections 25, 26, 35 and 36 and the east half of Section 27 and the northeast quarter of Section 34, Town 85, Range 19; Section 1, Town 84, Range 19; and Sections 5, 6, 7 and 8, and the west half of Section 4 and the west half of Section 9, Town 84, Range 18.
Taylor remains as herein described as original formation.
Marion is Town 84, Range 17, excepting Sections 30, 31 and 32.
Le Grand is Town 83, Range 17. Timber Creek is Town 83, Range 18.
Washington is Town 83, Range 19.
State Center is Town 83, Range 20.
Eden is Town 82, Range 20. Logan is Town 82, Range 19.
Jefferson is Town <2. Range 18. Green Castle is Town 82, Range 17.
Marshall is composed of Sections 30, 31 and 32,, Town 84, Range 17; the south half of Sections 21, 22, 23 and 24, and all of Sections 25 to 36, inclu- sive of Town 84, Range 18. An effort is about to be made to erect a township. to be called Linn, from this territory. excepting the incorporated limits of Mar- shalltown, situated therein.
C
342
HISTORY OF MARSHALL COUNTY.
ELECTION.
The first election held in Marshall County took place on the 7th of August, 1848. Marshall was then an unorganized territory, and was attached to Jasper County for judicial and revenue purposes. There is no record of the election extant, except the certificate of the election of David E. Cooper, as Constable. Mr. Cooper lived on Timber Creek. The entire county is spoken of in the Certificate as " Minerva Township," but the designation of this county by that title had no reference to that portion of the county so called at the time of organization, in 1849. The county was divided at its organization into two polling precincts, the northern half being styled Minerva Creek Township, and the southern half Jefferson Township.
Below is given a copy of the certificate referred to :
STATE OF IOWA,
JASPER COUNTY, S SS. I, Jesse Rickman, Clerk of the Board of County Commissioners of said county, do hereby certify that at an election held in and for the Township of Minerva Creek, in the attached part of said county, on the 7th day of August, A. D. 1848, David E. Cooper was then duly elected a Constable in and for said township.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Board, this. [SEAL.] 10th day of August, A. D. 1848. JESSE RICKMAN,
Clerk of the Board of County Commissioners of Jasper County, Iowa.
On the back of the certificate is the following resignation :
September 4, 1849. I do herewith resign my office as Constable (by the authority of the within certificate). DAVID E. COOPER, Constable.
Under the general law which provided for the appointment of an Organizing Sheriff by the District Judge, and authorized the said Sheriff to conduct the work of organizing the county, Joseph M. Ferguson was duly appointed Organ- izing Sheriff in the Summer of 1849.
The records of organization are very imperfect. But few of the papers can be found. The timely research now made among the scattered archives and the interviews had with the remaining pioneers fortunately rescue from oblivion the. important events of those early days.
The townships of Minerva Creek and Jefferson were created by Sheriff Ferguson, and an election ordered for the 6th day of August, 1849. The poll lists are in existence, and from them it is learned who were in the county at that time and qualified to vote.
In the northern precinct of Minerva Creek there were seventeen votes cast,. by the following persons : William Ballard, Washington Asher, John T. Duke, John Ballard, John Coy, William Coddington, William Peterman, Isaac Asher, James Asher, Jesse Amos, Joshua Kemp, Carpenter Gear, Moses Lacey, Philip Ballard, G. W. Halley. Thomas Pearson, Shelton Gear.
The polls were located at the house of Geo. W. Halley. Joshua Kemp, as Justice of the Peace, swore in two of the Judges of Election, who were Philip Ballard and G. W. Halley. Mr. Kemp acted as the third Judge. Shelton Gear and Thomas Pearson served as Clerks.
The signature of Justice Kemp to this document proves that he was a Jus- tice prior to the organizing election, and must have been elected or appointed while the county was a part of Jasper.
The polls for Jefferson Township were located at the house of Joseph Cooper. The Judges of Election were : Joseph Cooper, William J. Asher and David E. Cooper William C. Smith and J. M. Ferguson acted as Clerks.
343
HISTORY OF MARSHALL COUNTY.
There were eleven votes cast, and by the following named persons : William C. Smith, J. M. Ferguson, D. E. Cooper, A. J. Smith, Wm. E. Alexander, Samuel Davidson, Blakeley Brush, Joseph C. Davidson, Joseph Cooper, Wm. J. Asher, Alvin Adkins.
The returns from Minerva Creek Township are indorsed, in the handwriting of Mr. Ferguson : "Incorrect, but filed August 15, 1849. J. M. Ferguson. Organizing Sheriff."
Wherein they err is not explained ; but it may account for the fact that the list of the officers actually shown to have been elected does not tally with that of the officers certified to.
The officers declared elected were: J. M. Ferguson, Sheriff; Joseph Cooper, Jesse Amos and James Miller, County Commissioners; Wm. C. Smith, Clerk of the Board of County Commissioners ; David E. Cooper, Clerk of the District Court ; Zeno B. Freeman, County Treasurer, and A. J. Smith and Joshua Kemp, Justices of the Peace.
The vote on Sheriff was a tie, if we may rely on the official poll lists. In Jefferson Township, Mr. Ferguson received ten votes, evidently refraining from voting for himself. In Minerva Creek, he received three votes, and Moses Lacey received thirteen, thus defeating a choice. On this point we mention the statement of Mr. Weatherly, who declares that Moses Lacey was the first elected Sheriff.
Judge W. C. Smith, on the other hand, claims that Mr. Ferguson was finally the recipient of the honor. Since Mr. Smith was here at the time, his testimony is probably the more reliable. The records bear out Mr. Weatherly, but the memory of Mr. Smith is not to be lightly regarded. He asserts that the tie vote was decided in favor of Mr. Ferguson by the two candidates " draw- ing cuts."
W. C. Smith was chosen Commissioners' Clerk by a unanimous vote, twenty ballots being cast for him.
On the question of Commissioners there is conflict. The list shows that Jesse Amos received twenty-six votes, and Joseph Cooper twenty-six votes, without opposition ; but the third place was contested. Thomas Gordon re- ceived ten, and James Miller, sixteen votes. Accepting this record, in the absence of positive recollection on this point, we state James Miller as the suc- cessful candidate.
Samuel Davidson, for Prosecuting Attorney, received twenty-seven votes, without opposition.
Thomas Gordon obtained fifteen, and Shelby Wyatt seven votes, for Recorder.
Joshua Kemp received twenty-five ballots for Judge of Probate, and also fifteen as Justice of the Peace for Minerva Creek Township.
A. J. Smith was elected Justice for Jefferson Township.
Thomas Pearson was elected Coroner, and George W. Halley, Constable, of Minerva Creek ; and William Coddington and Blakely Brush to the same offices, respectively; in Jefferson.
Following are copies of the election certificates for a portion of the first officers, no other certificates being found :
STATE OF IOWA, MARSHALL COUNTY, SS .: I, David E. Cooper, do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Iowa, and in every respect discharge the duties of District Clerk faithfully and to the best of my ability, so help me God.
DAVID E. COOPER.
Subscribed and sworn to before me, this 25th day of August, A. D. 1849.
J. M. FERGUSON,
Organizing Sheriff of Marshall County, Iowa.
344
HISTORY OF MARSHALL COUNTY.
Know all men by these Presents, That we, William C. Smith, J. M. Ferguson, D. E. Cooper, A. J. Smith and John T. Campbell, of Marshall County, Iowa, are held and firmly bound unto the State of lowa in the penal sum of two thousand dollars, the payment whereof we bind our heirs, executors and administrators, severally, jointly, firmly by these presents, sealed with our seals, and dated this 22d day of August, A. D. 1849.
The condition of the above obligation is such that, Whereas, the said William C. Smith was duly elected Commissioners' Clerk of the county aforesaid, Now, if the said Smith will well and faithfully perform all the duties of the said office, then the above obligation to be null and void ; otherwise, to be and remain in full force and virtue in law.
WILLIAM C. SMITH, [Seal.]
J. M. FERGUSON, [Seal. ]
D. E. COOPER, [Seal. ] A. J. SMITH, [Seal.] JOHN T. CAMPBELL. [Seal.
The following indorsement appears upon this :
STATE OF IOWA, MARSHALL COUNTY, SS .: I, William C. Smith, do solemnly swear that I will faithfully and impartially discharge the duties of Commissioners' Clerk of the aforesaid county to the best of my ability, so help me God. WILLIAM C. SMITHI.
Subseribed and sworn to before me, this 22d day of August, A. D. 1849. J. M. FERGUSON, Organizing Sheriff of Marshall County, Iowa.
STATE OF IOWA, MARSHALL COUNTY, SS : I, J. M. Ferguson, Organizing Sheriff of said county, do hereby certify that at an election held on the 6th day of August, A. D. 1849, in the township of Jefferson, in said county, Andrew J. Smith was duly elected a Justice of the Peace.
In testimony whereof, I have hereunto set my hand and seal this 15th day of August, A. D. 1849.
J. M. FERGUSON, Organizing Sheriff of Marshall County, Iowa.
The following indorsement is upon this :
STATE OF IOWA, MARSHALL COUNTY, 88 .: I, A. J. Smith, do solemnly swear that I will support the Constitution of the United States, the Constitution and Laws of the State of Iowa, that I will administer justice without respeet to persons, and faithfully and impartially discharge and perform all the duties inenmbent upon me as a Justice of the Peace, according to the best of my understanding ; so help me God.
Subscribed and sworn to before me this Ist day of September, A D. 1849, D. E. COOPER,
ANDREW J. SMITH.
Clerk of District Court, Marshall County, Iowa.
On a separate slip of paper is found the following resignation :
Notice is hereby given to the Clerk of Board of Commissioners of Marshall County, Iowa, that I have this day resigned my office as Justice of the Peace in and for Jefferson Township, this 5th day of October, A. D. 1850. ANDREW J. SMITHI.
STATE OF IOWA, MARSHALL COUNTY, SS .: I, J. M. Ferguson, Organizing Sheriff of said county, do certify that an election, held in said county on the 6th day of August, A. D. 1849, Joshua Kemp was then duly elceted Probate Judge of said county.
In testimony whereof, I have hereunto set my hand and seal this 14th day of August, A. D. 1847.
J. M. FERGUSON, Organizing Sheriff of Marshall County, Iowa.
On the back of the certificate appears the following oath of office :
STATE OF IOWA, MARSHALL COUNTY, SS. : You do solemnly swear that you will sup- port the Constitution of the United States, and the Constitution of the State of Iowa, and in every respect discharge the duties of Probate Judge faithfully, and to the best of your ability, so help you God.
Sept. 1st, A. D. 1847.
The within named Joshua Kemp was duly sworn into office by me.
D. E. COOPER, Clerk of District Court.
The above oath recorded September 1st, A. D. 1849.
D. E. COOPER, Clerk of District Court, Marshall County, Iowa.
Written on one corner of the slip is the following resignation : By the powers of the within certificate, [ resign my office as Probate Judge.
JOSHUA KEMP.
345
HISTORY OF MARSHALL COUNTY.
The second election was held in the Summer of 1851. The law abolish- ing the Commissioner system of government and inaugurating that of County Judge had come into force, and under its provisions the election was held with the following result :
John B. Hobbs, County Judge ; Jacob Hauser, Clerk of the District Court ; J. M. Ferguson, School Fund Commissioner ; W. H. Weatherly, Sheriff ; George Atwater. Prosecuting Attorney.
At the April election, 1852, the following officers were chosen :
J. M. Ferguson, School Fund Commissioner : Mahlon Woodward, Treas- urer and Recorder ; Simon L. Baker, Coroner.
Prior to the August election, in 1852, another township had been created. known as Iowa River Township. Ten votes were cast therein at the August election. There were seventy votes polled in the county at that time on the State and Congressional ticket. For the county ticket, there were eighty-four votes cast. The following county officers were elected :
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