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 40
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353
HISTORY OF MARSHALL COUNTY.
SOCIAL AND AGRICULTURAL STATISTICS.
The first census taken in Marshall County was for the year 1850, that suc- ceeding the organization of the county. There were then 338 inhabitants. In 1851, the number had increased to 454; in 1852, to 710; in 1854, to 1,607 ; in 1856, to 4,460. At this date the products had reached considerable dimen- sions. There were 15,704 acres of land under improvement, from which were harvested 2,515 tons of hay, 10 bushels of grass seed, 19,988 bushels of Spring wheat, 406 bushels of Winter wheat, 27,170 bushels of oats, 246,028 bushels of corn, 16,795 bushels of potatoes. The stock product was valued at $13,633 for hogs, and $20,285 for cattle sold. There were 48,344 pounds of butter, and 2,675 pounds of cheese made, 4,105 pounds of wool clipped ; and the domestic manufactures were valued at $3,062, and the general manufactures at $22,908.
In 1859, the population had reached 5,713; in 1860, 6,015; in 1863, 7,550 ; in 1865, 8,759. In 1866, ten years after the foregoing report of pro- ducts, Marshall had 26 miles of railroads completed ; three institutions of learning above academy grade; her manufactures amounted to $11,416 in value ; and $159,529 worth of farm machinery was returned in the census. There were 368,935 bushels of Spring wheat harvested, 280,892 bushels of oats. 727,015 bushels of corn, 855 bushels of rye, 251 bushels of Winter wheat, and 3,770 bushels of barley, 23,852 gallons of sorghum syrup, 1,720 tons of tame hay, 49,492 bushels of potatoes, 2,851 bushels of onions, 188 bushels of flax seed, 11,102 pounds of honey taken, 273,254 pounds of butter, and 21,291 pounds of cheese made, 108,451 pounds of wool clipped ; while the average per cent. of products to the acre was among the highest in the State. In stock raising it was crowding hard upon the older counties.
In 1867, the population was 11,513; in 1869, 15,514; in 1870, 17,576; in 1873, 18,272 ; and by the last census, that of 1875, taken just a quarter of a century after the first census of the county, the following facts are shown :
The total population of the county is 19,629. Of this number, 6,617 are natives of Iowa, and 10,551 are natives of other parts of the United States. There were at that time 6,129 children from 6 to 21 years. The voters num- bered 4,445, and the militia 3,234.
The products of 1875 amounted to 1,125,382 bushels of Spring wheat, 2,808,256 bushels of corn, 465,245 bushels of oats, 67,151 bushels of barley, and about 6,000 bushels of other small grains. There were 177,303 acres under cultivation. There were 34,792 bushels of flax seed harvested ; 7,709 gallons of sorghum syrup made ; 13,100 tons of tame, and 21,570 tons of wild hay cut ; and 5,422 bushels of grass seed saved ; 166,211 bushels of potatoes, 1,593 bushels of onions, 10,634 bushels of turnips, 2,953 bushels of beets, and 1.507 bushels of pease and beans raised. While this cannot be called a preemi- nently fine fruit region, still there are many fine orchards and much fruit raised, especially apples and small fruits. Grapes grow well, but not equal in quantity to the more favored localities. There were 145,897 pounds gathered in 1875.
The herd and dairy statistics indicate the natural advantages of the county. In 1874, there were 625,418 pounds of butter, and 5,083 pounds of cheese made ; while only 8,135 milch cows are reported. There were 66,311 gallons of milk sold in 1874.
There were 56,553 hogs returned as on hand. In 1874, there were 41,509 hogs marketed. It is somewhat suggestive that but 3,318 fine blooded hogs
354
HISTORY OF MARSHALL COUNTY.
were reported. This shows that the farmers are not fully awake to the benefits of good blood and more careful breeding.
There were 13,249 pounds of wool clipped, in 1874, from 7,062 sheep.
The total value of the farm products in the county in 1874, was $2,368,678. Market garden products amounted to $19,152 ; orchard products, $15,099 ; small fruits, $18,528 ; herd products, $590,713; dairy, $141,945, and forest, $34,153.
These figures show that the life of the county is in herd and dairy-espe- cially in hogs. The two interests-dairy and hogs-are inseparable, and are susceptible of limitless extension in this well-favored county. The broad prai- ries are just suited to pasturage ; are well watered, well drained of stagnant pools, and suited in every way to these industries.
Since Iowa butter has risen to the rank of A No. 1 in the Eastern markets, a grand possibility is presented to the husbandman here. The investment of capital in creameries is one of the most satisfactory that can be imagined in such a country as this.
The county fulfills the promise of early days, and handsomely maintains its average of per cent. of productiveness.
The county does not rank high as a manufacturing locality ; still, the class of industries already established are such as consume the native productions. In 1874, there were sixty-one factories, of all kinds, in the county, which con- sumed 27,000 cubic feet of wood, 2,000 pounds of wool, 32,400 pounds of leather, 60,000 bushels of flax seed, 165,000 bushels of wheat, 27,000 bushels corn and 7,000 bushels of barley ; total value of raw materials used, $609,330.
There was one coal mine, which turned out 600 tons, valued at $1,800, in 1874; but the chief quarry interests are in building-stone, which aggregated $27,700 in 1874, and has since then been largely increased.
There are four seminaries in the county.
CENSUS OF MARSHALL COUNTY, AS RETURNED IN 1875.
POPULATION.
NATIVITY.
in
Albion, town of.
238
270
508
176
327
5
138
Bango
442
402
844
347
474
23
181
Elen ..
380
313
693
239
390
54
159
Green Castle.
628
525
1153
369
604
180
245
lowa, exc. of Albion
233
227
460
212
239
9
95
Jefferson
410
849
759
267
389
103
153
Le Grand
815
782
1597
575
722
300
312
Liberty
399
357
756
327
381
48
172
Liscomb, exe. of town.
302
291
593
232
340
21
135
Liscomb, town of.
203
169
372
120
245
7
97
Logan
234
199
433
137
216
80
85
Marietta
495
421
916
329
510
77
202
Marion
459
401
860
343
477
40
190
Marshall, exc. of Marshalltown.
242
233
475
158
215
102
108
Minerva.
378
318
696
262
246
121
117
State Centre, exc. town of
297
236
533
178
303
52
115
State Centre, town of.
413
383
796
185
486
125
203
Taylor.
260
227
487
177
299
11
106
Timber Creek.
373
352
725
263
399
63
163
Vienna.
408
336
744
244
448
44
185
Washington
455
390
845
251
448
146
185
Total
15245
5391
8158
1611
3346
No. of voters.
Males.
Females.
Total.
No.
Iowa.
No. born in U.
S., but not in
Iowa.
Foreign.
born
355
HISTORY OF MARSHALL COUNTY.
CENSUS OF MARSHALLTOWN, 1875.
POPULATION.
NATIVITY.
in
Marshalltown, City of C. H.
born
Males.
Females.
Total.
No.
Iowa.
No. born in U.
Iowa.
Foreign.
No. of voters.
First Ward.
476
480
956
247
525
185
224
Second Ward.
440
461
901
285
504
112
219
Third Ward,
709
675
1384
367
734
283
328
Fourth Ward
583
560
1143
327
630
186
328
Total of City
4384
1226
2393
766
1099
Total of County
19629
6617
[10551
2377
4445
THE COUNTY SEAT CONTEST.
The location of the seat of justice produces more or less agitation in every county ; but the excitement attending the settlement of this vexed question in Marshall County was never surpassed in the history of the State.
The elaboration of this topic is one of the most delicate tasks that has fallen to the lot of the writer. He has endeavored to give facts and results, omitting unpleasant details of methods, and has conscientiously performed the duty assigned him. If the history falls short of the expectation of partisans, let it be borne in mind that we compile our record from an impartial stand-point. While it is true that the animosities of the olden time have greatly diminished. and the opposing factions mingle in unity and accept the judgments of the courts without murmur, it nevertheless becomes a most exacting task for one to preserve in consecutive form a true statement of the affair and avoid the impu- tation of partisanship. That such a motive is possible on our part, surely no man will contend. We shall try to give only the truth, gathered from a volu- minous mass of court records, as well as from individual recitals of incidents connected with the "war."
The official records are full, and preserve the legal points of the case in undisputed accuracy ; but they do not point out the motives which actuated the leaders, or the many details of procedure which were the life and soul of the contest. We shall try not only to give a legal record, but also a history of the affair in such manner as to enlighten future generations on the subject, and retain what will soon become inaccessible-the story of the fight.
That blood was not shed during the controversy is a great marvel. Proba- bly the coolness and personal bravery of the leaders alone prevented a crimson shade being given to the history of the affair.
It is necessary to begin this chapter by introducing an account of the loca- tion of the county seat at Marietta.
For two years after the formal organization of Marshall County, a seat of justice was not designated. By an act of the General Assembly of the State of Iowa, approved January 21, 1851, Messrs. B. B. Berry. of Mahaska County ; Manly Gifford, of Jasper County, and W. W. Miller, of Dallas County, were appointed Commissioners to perform that work. The act provided that those gentlemen should meet at some convenient point in this county on the third
S., but not in
356
HISTORY OF MARSHALL COUNTY
Monday of April, 1851, or within six months thereafter, and thence proceed to examine the various eligible localities in the county, and choose the one which, in their unbiased opinion, was the most suitable for the purposes for the present and future.
The law was obeyed by Manly Gifford and W. W. Miller, a majority of the Commissioners, who met at the house of the Clerk of the District Court, Jacob Hauser, and there, on the 18th day of August, 1851, subscribed to the follow- ing oath :
STATE OF IOWA, MARSHALL COUNTY, SS : We, Manly Gifford and W. W. Miller, do solemnly swear that we have no interest, directly or indirectly, in the location of the county seat of Mar- shall County, and that we will faithfully and impartially locate the same according to the best interest of said county, taking into consideration the future as well as the present population of said county. So help you (sic) God. MANLY GIFFORD,
W. W. MILLER.
Subscribed and sworn to before me, this 18th day of August, A. D. 1851.
JACOB HAUSER,
Clerk of District Court of Marshall County, Iowa.
After an examination of the county, the two Commissioners reported in favor of a site. The official documents of the oath and the report show but one day's difference in date ; but it is to be supposed that the gentlemen were pre- pared, by previous investigation, to give a proper decision. It must not be inferred that a spirit of unfairness actuated them, or that they were insensible to the importance of their trust. The rumor that an offer from John B. Hobbs captured them is unsubstantiated by any evidence. Undoubtedly, the proprie- tors of property in various localities exercised the unquestionable right of urging their several claims.
At all events, the report filed by the Commissioners with the Clerk of the County Court is as follows :
The undersigned Commissioners, appointed by act of the Legislature, approved January 21, 1851, to locate the county seat of Marshall County, Iowa, having met and qualified, according to law. have located the said seat of justice on the following-described quarter section, viz. : The east half of the southeast quarter of Section 13, in Township 84 north, of Range 19 west, and the west half of the southwest quarter of Section 18, in Township 84 north, of Range 18 west ; and the undersigned give said county seat the name of Marietta.
Given under our hands, this the 19th day of August, A D. 1851.
MANLY GIFFORD, W. W. MILLER, Commissioners.
It was thus that the county seat became a fixed locality, and cause of heart- burnings and enmity was introduced into the lovely county of Marshall.
While this was transpiring, strangers had entered the land and builded up unto themselves altars for the worship of other gods than those before whom Marietta bowed the knee. While John B. Hobbs and Isaac Dawson were pur- chasing from the Government the lands upon which Marietta was located, as is explained in a subsequent chapter, and platting a town, in October, 1851, Mr. Henry Anson was planning a city to the southeast of Marietta, and summoning to him his clans. The original plat of Marshall, as it was then called, was recorded in August, 1853 : but Mr. Anson had located the site of the present metropolis of the county in the Spring of '51. Hence it was that the rivalry between the locations began froin the very moment of the decision of the Commissioners.
Meanwhile, the county seat was the object of attraction. It was near the geographical center of the county, and the chances were exceedingly favorable to its permanent selection as the seat of justice. While truth compels the ad- mission that Marshall equaled Marietta in natural advantages of beauty and
357
HISTORY OF MARSHALL COUNTY.
healthfulness, it is by no means true that the claims of the Mariettans in these regards were unfounded. The village is described by those who knew it at its best, as more than an ordinarily lovely spot, and one well suited to the develop- ment of a town.
But the fates conspired against the embryotic city. "Whom the gods wish to destroy they first make mad," is an old but truthful classical allusion. The blood of the county-seat advocates was thoroughly aroused, and war became inevitable, unless the Marshallites retired from the field. Such a hope as that was surely based upon a meager understanding of the Marshall spirit; for the orthography of the name might have been slightly changed with peculiar signifi- cance. The martial propensities of the settlers who came to the new village were as marked as were those of the Marietta people.
In 1853, the village of Marshall became a fixed fact, and the struggle for honor and permanence increased. The opposing factions, in 1853, were com- posed of men of ability and severe determination. For Marietta stood W. C. Smith, John B. Hobbs. George Atwater, William Dishon, W. H. Weatherly, Alexander Crow, et al., while Marshall was represented by Henry Anson, Wells S. Rice, John Shields and others.
In the Spring of 1852, George Atwater moved to Marietta from Circleville, Ohio, and engaged in the practice of law. William Dishon had preceded him there, and was engaged in mercantile pursuits. Mr. Atwater was elected Prosecuting Attorney of the county in 1852, and Mr. Dishon was chosen Clerk of the District Court at the same time.
John B. Hobbs was County Judge, and in that capacity had authority to provide for the erection of county buildings. In the Fall of 1852, Judge Hobbs entered into a contract with Alexander Crow to erect a small Court House at Marietta. The official papers show that the edifice was to have been no very elaborate affair, but all that the new county then required. The contract is not preserved, but the schedule of dimensions and the bond are here copied :
SCHEDULE.
Marshall County Court House, as agreed by Indentures, 19th July, 1852 :
Dimensions-32x22 feet, one story in height, 9 feet clear. Partition, cutting off 12 feet ; small room divided into two parts.
Timber-sills, 10 inches square ; plates 8 inches wide and 6 inches thick ; post, 8 inches square.
Building to be raised 18 inches above ground by 12 pillars solid wood, set 1 foot in earth, 5 under each side sill; one under each end sill.
To be inclosed by 15th October next, walnut and pine siding, dressed and painted.
To be covered with walnut shingles 18 inches long, 6 inches to the weather. To have 2 batten doors. 1 in each small room ; 1 large 3-paneled door in end fronting square.
Windows, 6; 1 in each small room, 1 in each side of large room, 1 on each side of door fronting square ; lights 10x12.
Square eave cornice, barge boards, with same molding under eave.
Floor, seasoned oak plank 1} inches thick, laid down with square joint. Inside to be lathed and plastered.
Building to be entirely completed 15th May, 1853.
BOND.
Know all men by these presents, That we, Alexander Crow, William Dishon, Mahlon Wood- ward, hereby acknowledge ourselves to owe the county of Marshall, of the State of Iowa, the lawful sum of eighteen hundred and ten dollars, for the full and true payment of which we hereby bind ourselves, our heirs, executors and administrators.
Dated at Marietta, Marshall County, Iowa, this 19th day of July, A. D. 1852.
The condition of the above obligation is such that whereas, the said Alexander Crow has covenanted and agreed with said Marshall County, by indentures bearing date the 19th day of July, A. D. 1852, to build a certain Court House, in manner and form as therein set forth. Vou
D
358
HISTORY OF MARSHALL COUNTY.
tehrefore, if the said Crow shall faithfully observe and fulfill the requirements and covenant so agreed to, and made by him on his part as therein expressed, then this obligation to be void and of no effect. Otherwise to be in full force and virtue in law.
ALEXANDER CROW. [Seal. ]
WILLIAM DISHON. [Seal. ] MAHLON WOODWARD. [Seal. ]
This positive effort to secure the county seat, by constructing buildings at Marietta, aroused the Marshallites to hostile demonstrations against Marietta and the Judge. It transpired that Judge Hobbs, for some reason not clearly shown, resigned his office in the early winter of 1852. Prosecuting Attorney Atwater became ex officio County Judge until the Spring election in 1853.
George Atwater, who figures quite extensively at this point in the history, was a young man of more than ordinary ability. He was well read in his pro- fession, of ready native wit, and possessed many acquired advantages over his brother lawyers. But, like numerous other Western professional men at that time, he had contracted a love for spirituous drinks, and was almost beyond redemption in the habit of profane language. The periodic indulgence of his appetite and the incessant indulgence of his disagreeable expressions, soon led to the social ostracism of Atwater. Marietta's doors were closed against a young man who might have been an ornament to the society of the little town.
In 1853, he in company with his brother, kept bachelors' hall in a house on the outskirts of the town. It was at this time that William C. Smith was elected County Judge. Mr. Smith was residing on his farm on the middle branch of Timber Creek, when he was named as a candidate for the office. The selection of Judge at this April election was, as has been shown, the result of Judge Hobbs' resignation, and the successful candidate was required to take the office from George Atwater, Prosecuting Attorney and ex officio County Judge.
The Marshall men nominated Isaac N. Griffith, and the Marietta men Will- iam C. Smith. Thomas Gordon was also a candidate. The vote stood :
William C. Smith. 59
Isaac N. Griffith 28
Thomas Gordon 24
The following certificate was issued :
THE STATE OF IOWA, MARSHALL COUNTY, to wit :
At an election holden in said county on the first Monday of April, A. D. one thousand eight hundred and fifty-three, William C. Smith was elected to the office of County Judge of the above county to fill the vacancy of John B. Hobbs, resigned. And the said William C. Smith will con- tinne to hold the said office till the August election, A. D. one thousand eight hundred and fifty- five. And he has qualified by taking the oath of office, as required by law.
Witness, William Dishon, and the seal of the District Court of said county, this eleventh day of April, A. D. one thousand eight hundred and fifty-three. WILLIAM DISHON,
Clerk District Court Marshall County, Iowa.
Mr. Smith was declared duly elected and removed to Marietta at once. He was accosted by Atwater, who applied to him for board. Judge Smith replied that the rumors concerning the conduct of the attorney were such as to produce an unfavorable impression, but that he would give Atwater a trial. His stay was conditional upon his observing gentlemanly deportment. During the two or three months which Atwater resided with the Judge, he was never known to drink liquor, and but once did he forget himself in the use of profane language. The cause of that lapse was almost sufficient to excuse the transgression. He was seated at table, and attempted to partake of "bean soup," " a dish noted for its capability of retaining heat. A greedy mouthful of the boiling liquid created an explosion that was too humorous to permit of lasting censure.
359
HISTORY OF MARSHALL COUNTY.
Atwater had been a Griffith man and still entertained regrets at the defeat of his candidate. It soon transpired that he was detected in the expression of sympathy for Marshall, and awakened a response from the ever-ready Marshall men, who were quick to perceive their opportunity to exert an influence upon the young officer.
It has been shown in this chapter that but two of the three Locating Commis- sioners really visited Marshall County and chose Marietta for the seat of justice. Because of the absence of a unanimous vote, Mr. Atwater, who retained his title of Judge, was induced to rule that the location was illegal. It was repre- sented by Marshall men that no desire to change the seat was entertained by them, but that the proper compliance with law was the only motive which actu- ated them.
On the strength of those assertions, Mr. Atwater joined the Marshallites in petitioning Judge McKay, of Des Moines, then Judge of the Fifth Judicial District, to which Marshall was attached, for the exercise of the prerogative vested in the Judge of the District Court, by law, in the vacation of the Legis- lature, and consent to the appointment of a new Board of Locating Commis- sioners. It was held out to Judge Mckay that the people of the county were exceedingly anxious to prevent any trouble in the future by securing the loca- tion of the seat in an absolute manner.
After a consideration of the subject, Judge McKay concluded to appoint a Board, and designated, under provisions of the General Assembly act, approved January 12, 1853, the following men to serve as Commissioners : Wm. Wood, of Story County, William Taylor, of Tama County, and Jesse Rickman, of Jasper County.
These men were favorable to the re-location of the county seat at Marshall, and the honorable court had clearly been victimized. Upon learning of the misrepresentations, Judge Mckay revoked the appointment; but the Board failed to respond to the second order of the Court.
The Commissioners appointed by the Judge proceeded to discharge their pretended duty, and announced Marshall as the most eligible site for a county seat.
Meanwhile, work had progressed upon the new Court House at Marietta, which was being completed as rapidly as circumstances would permit.
Because of instructions from the Secretary of State, Hon. George W. Mc- Clary, Judge Smith did not execute his official bonds at once, but deferred their issuance until July 23, 1853. This fact was made use of by Atwater, with other points, and he appeared before the Supreme Court at Iowa City, and asked for a writ of mandamus compelling Judge Smith to remove the county seat to Marshall, on the strength of the decision of the second Board of Locat- ing Commissioners ; representing also that Smith was not the legal Judge, in the absence of the required bonds; and also praying for a writ of injunction restraining the issuance of warrants for the payment of the Court House erected by Crow.
The law compelled those who applied for a mandamus to first notify the party of the second part of the intended application. This requirement Atwater claimed had been observed. The Supreme Court granted the prayed-for writ; and Judge Smith ascertained that Atwater had sworn to the required notifica- tion, without having first served the papers on the County Judge.
The case called for prompt action, to prevent the compulsory removal of the records, so Judge Smith at once prepared to go to Muscatine, and present a petition to Judge Williams, asking for relief from the mandamus, and also from
1
360
HISTORY OF MARSHALL COUNTY.
the injunction restraining the payment of Crow. The County Judge started the following morning by stage for Marengo.
It occurred that Mr. Henry Anson, of Marshall, learned of Smith's inten- tions and also set out for Marengo on horseback. He was so eager to meet Judge Williams first that he overrode his horse, which died from the effort. From Marengo, Smith and Anson continued their journey in the same stage, and, on arriving at Muscatine, occupied the same room at the hotel.
In the morning, Anson arose first and started to see the Judge, who resided out of town. He returned and informed Judge Smith that Judge Williams would do nothing to relieve the writs. This report did not deter Mr. Smith from presenting his petition, however, and he soon laid his case before his Honor. We herewith append a copy of his petition :
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