USA > Iowa > Muscatine County > The History of Muscatine county, Iowa, containing a history of the county, its cities, towns, &c. > Part 50
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The first case of record is that of Jonas M. Higby vs. John G. Cooper, assumpsit. Lawyer Woods succeeded in getting the writ quashed because of the lack of a seal thereto.
THE FIRST FERRY.
The next record is that of the granting of a ferry license to Robert C. Kin- ney to keep a ferry across the Mississippi River, " departing from the town of Bloomington at a point south of the branch immediately north of the old trad- ing house." John S. Abbott became Kinney's security.
Alexander Wolcott McGregor was admitted to practice in this Court.
James Chambers was granted license to keep a ferry across the Mississippi at Salem.
Moses Couch was granted license to keep a ferry across the Mississippi, " departing from a point above and within a half mile of the branch immediately above the old trading-house in Bloomington for one year." John Vanater was his security.
S. C. Hastings was granted a license to keep a ferry across the Mississippi at West Buffalo.
The rates of ferriage were established as follows: For each footman, 182 cents ; each man and horse, 372 cents ; each wagon and two horses, $1; each wagon and yoke of oxen, $1 : each additional horse or yoke of oxen, 182 cents ; loose cattle, 123 cents ; sheep, hogs, etc., 6} cents.
The first appealed ease was entered in the second day's proceedings, being that of James and William W. Chambers vs. Isaac I. Lathrop, appealed from the Justice's Court of Benjamin Nye. Continued to the next term.
FIRST PETIT JURY.
The following men formed the first petit jury : John G. Coleman, Samuel C. Comstock, John Holliday, E. N. Thurston, Thomas Burdett, John Hesser, S. S. Lathrop, W. H. Sams, Hamilton Christy, Isaac I. Lathrop, Addison Reynolds. But eleven names are given in the records. The petit jury was allowed one day's pay and mileage ; the grand jury was allowed two days' pay and no mileage.
The foregoing completes the business of the first session of Court.
The second term of the Court began May 21, 1838. Judge Irvin on the bench, and W. W. Chapman District Attorney. The term continued one week.
427
HISTORY OF MUSCATINE COUNTY.
The next session of Court convened under the Territorial laws of Iowa, October 8, 1838, with Judge Joseph Williams on the bench and M. D. Brown- ing, District Attorney. The first grand jury under the new regime was as fol- lows : Norman Fullington, Niles Higgenbothan, Isaac I. Lathrop, John Cobb, John Burge, Lewis Burdett, Jackson Starks, Thomas Burdett, Daniel Edgin- ton, Joseph Morford, Samuel Kinney, Henry Johnson, Henry Reece, Lewis McKee, John Pettibone.
Under the Constitution of 1846, Muscatine County was a part of the Second Judicial District. James Grant, of Scott County, was Judge in 1847; Thomas S. Wilson, of Dubuque County, Judge in 1852. Under the Constitu- tion of 1857, Muscatine County was attached to the Seventh Judicial District. John F. Dillon, of Scott County, Judge in 1858; J. Scott Richman, of Mus- catine County, Judge in 1863; W. F. Brannan, of Muscatine County, Judge in 1872, and Walter I. Hayes, of Clinton County, Judge in 1875, and now on the bench.
Since 1858, the office of Prosecuting Attorney has been a district office. Henry O'Connor, of Muscatine County, was chosen in 1858 ; Lyman A. Ellis, of Clinton County, in 1862, and H. H. Benson, of Muscatine County, in 1879.
CIRCUIT COURT.
In 1869, the Circuit Court was instituted, because of the growing business of the State. The probate affairs are administered on in this Court, which also has co-ordinate jurisdiction in law and chancery cases with the District Court. Two Circuits were formed of the Seventh Judicial District, with Muscatine and Scott for the Second Circuit. Afterward, the four counties were united, and then again divided as before. The Circuit Judges who have presided in this Circuit are H. H. Benson, 1869; D. W. Ellis, 1873, and D. C. Richman, the present incumbent, 1877.
PROBATE COURT.
The first business transacted in the Probate Court of Muscatine County was in the case of Harlow N. Orton, and bears date November 8, 1838. Hon. Arthur Washburn was the Judge presiding. It appears that Orton died intestate, leaving no widow, and that Van Renssalaer Thompkins was appointed adminis- trator of the estate of the deceased. It was discovered that the claims against the estate amounted to $534.43. July 9, 1842, the Court ordered that the administrator be discharged from all further liabilities in the case.
There were two other cases filed during the year 1838, viz .: Estate of Lester Andrews, Benjamin Nye, administrator, letters dated December 1; and estate of Harvey W. Eaton, John M. Kidder, administrator, letters dated December 13.
During 1839, the following cases were filed : January 23, William H. Sams, lunatic ; John Vanater and James G. Morrow appointed guardians. Estate of Jonathan Moorehouse, filed March 13; letters of administration granted to Le Grand Moorehouse. Estate of Parson Wright, filed July 9 ; letters of admin- istration granted to Melinda Wright. Estate of Andrew Smalley, filed August 10; letters of administration granted to Abraham Smalley. Estate of William M. Fell, filed August 31 ; letters of administration granted to Joseph Manley.
428
HISTORY OF MUSCATINE COUNTY.
Estate of Charles E. Dana, filed September 2; Mary S. B. Dana, administra- trix. Estate of John S. Abbott, filed September 10; Adam Ogilvie, adminis- trator. Estate of Samuel Bailey, filed September 18; William F. Dewebber, administrator. Estate of Stockton Briggs, filed September 21; John Briggs, administrator. Estate of Reynolds Wright, filed September 16; the last will and testament of the deceased was that day admitted to probate, being the first will filed in this county. The provisions of the will were that each of the three sons and each of the three daughters receive $1, and that the balance of the estate be bestowed upon the widow, Phebe Wright, who was made executrix. The instrument was dated April 30, 1839, and witnessed by P. B. Harrison, L. Thornton and E. Thornton.
Thus, during the life of the Court prior to 1840, the several classes of busi- ness were transacted. The volume of business after 1840 constantly increased.
The Judges of Probate were: 1838, Arthur Washburn ; 1840, Henry Reece ; 1841, T. S. Parvin ; 1846, Pliny Fay ; 1847, T. S. Parvin. From 1851 the County Judges discharged the duties of this office. When the Super- visor system came in vogue, the County Judges became solely Judges of Probate as follows : 1851. Arthur Washburn ; 1855, George Meason ; 1859, Edward H. Thayer : 1862, J. Carskadden ; 1864, Henry M. Perkins ; 1866, H. H. Benson. In 1869, Judge Benson became Judge of the Circuit Court, to which tribunal the probate business was carried, and is now transacted before.
MARRIAGE RECORDS.
The first license issued in Muscatine County was dated February 13, 1837, and was signed by Robert McClaren, Clerk of the Commissioners' Court of Muscatine County. The contracting parties were Andrew J. Starks and Merilla Lathrop. The certificate of marriage shows that the ceremony was performed by Err Thornton, Justice of the Peace, on February 16, 1837.
The second license was issued March 4, 1837, to James Caughran and Har- riet Bamford, by Robert McClaren. The ceremony was performed the same day, by John G. Coleman, Justice of the Peace.
The third license was dated March 23, 1837, to Joseph White and Lany Barricklow, by Mr. McClaren, and Silas S. Lathrop, Justice of the Peace, per- formed the ceremony the same day.
The fourth license was dated April 15, 1837, and issued to John Marble and Hester Cobb, by Mr. McClaren. The ceremony was performed, the same day, by 'Squire Lathrop.
The fifth marriage in the county was performed April 24, 1837, by Err Thornton, the contracting parties being Arthur Washburn and Melvina Bratt.
These five licenses were issued prior to the assembling of the first session of the District Court, at which time Mr. McClaren was succeeded in the office of Clerk by John S. Abbott, who was appointed by Judge Irvin. There were eight marriages authorized, in addition to the foregoing, during the year 1837. viz .: May 20, by Justice Coleman, Washington A. Rigby and Lydia Barr ; June 5, by Justice Coleman, Norman Fullington and Melvina Baker ; June 7. by Justice Coleman, Thadius Burd and Mary Adair ; June 21, by Henry Sum- mers, John Pierce and Jane C. Deven ; June 31, by J. G. Coleman, Matthias Mounts and Susan E. Daniels ; July 20, by S. S. Lathrop, John De Wolf and Mary Ann Bagley ; September 20. by O. R. Tomkins, David Miles Hanson and Malinda Harper ; September 21, by J. G. Coleman, James Mitchell and Sylvia Oles.
429
HISTORY OF MUSCATINE COUNTY.
RECORDER'S RECORDS.
The first instrument filed for record in Muscatine County was a deed executed by Charles Henderson to Peter Smith, the former of Muscatine County, the latter of Scott County. The property transferred was as follows : Lots Nos. 5 and 6, in fractional Section No. 8, Township 78 north, Range No. 2 west; and Lots Nos. 5 and 6, in fractional Section No. 9, same town and range as above. The area was 150 70-100, the consideration $188. Lewis McKee was Register of Deeds when the instrument was filed, December 5, 1838.
The first mortgage was filed December 10, 1838, between Wire Long, of Muscatine County, and Daniel Hortz, of Des Moines County. The instrument covered the southwest fractional quarter of Section No. 27, Township No. 77 north, Range No. 1 west, containing 127 2-100 acres.
LEGISLATIVE REPRESENTATION.
In 1836-38, Eli Thornton represented this section of old Des Moines County in the Wisconsin Territorial Legislature.
In 1838-39, Muscatine County had a separate existence. The first del- egation represented Muscatine, Louisa and Slaughter Counties. In the Coun- cil, James M. Clark; in the House, John Frierson, William L. Toole, Levi Thornton, S. Clinton Hastings. 1839-40, in the Council the same; in the House, S. Clinton Hastings and T. T. Clark represented Muscatine and John- son. 1840-42, S. C. Hastings represented Muscatine and Johnson in the Coun- cil. 1840-41, Thomas M. Isett, from Muscatine, alone, in the House. 1841-42, Samuel Holliday, in the House. 1842-44, Pleasant Harris, Coun- cil. 1842, E Thornton, House. 1843, Edward E. Fay, House. 1845-46, S. C. Hastings, Council. 1845, A. T. Banks, House.
In the State Legislature: Senate-1846, Muscatine, Johnson and Iowa Counties, Thomas Hughes; 1848, same district, Freeman Alger; 1852, Mus- catine alone, Jonathan E. Fletcher; 1854, George W. Wilkinson ; 1858, A. O. Patterson ; 1862, William G. Woodward; 1864, John A. Parvin; 1870, Samuel McNutt ; 1874, Gilbert H. Wood; 1878, Thomas Hanna.
House-1846, Muscatine, Elijah Sells; Muscatine, Jolinson and Iowa, I. C. Day; 1848, same, George D. Stephenson, Joseph E. Harrison, respectively ; 1850, Muscatine, John A. Parvin ; 1852, Elijah Sells, Freeman Alger ; 1854, Reasin Pritchard, John H. Pigman ; 1856, D. C. Cloud, J. A. Mills ; 1858, Muscatine, Freeman Alger; Muscatine and Cedar, William Lunday; 1860, Michael Price, George C. Shipman ; 1862, same; 1864, Jacob Butler, Samuel McNutt ; 1866, Samuel McNutt, R. M. Burnett; 1868, same ; 1870, John Mahin, William C. Evans: 1872, William C. Evans, Elmus Day ; 1874, Charles C. Horton, D. G. McCloud; 1876, Charles C. Horton, F. A. J. Gray ; 1878, I. K. Terry, F. A. J. Gray.
CONSTITUTIONAL CONVENTIONS.
The Representatives in first Constitutional Convention, which convened at Iowa City, October 7, 1844, and lasted until November 1, were Jonathan E. Fletcher, Ralph P. Lowe, Elijah Sells. The Constitution adopted by this Convention was rejected by the people, at an clection held on the 4th day of
430
HISTORY OF MUSCATINE COUNTY.
August, 1845, there being 7,235 votes cast for its adoption and 7,656 against its adoption.
The second Constitutional Convention met at Iowa City, May 4, 1846. Muscatine County was then represented by J. Scott Richman. The Constitu- tion adopted by this body was sanctioned by the people at an election held on the 3d day of August, 1846, there being 9,492 votes in favor, to 9,036 votes against it. This Constitution was presented to Congress in December, 1846, and, on the 28th day of the same month, an act was passed by that body for the admission of Iowa into the Union. The first election for State officers was held on the 25th day of October, 1846, in anticipation of the act of Congress, pursuant to a proclamation of Gov. James Clarke, when Ansel Briggs, of Jack- son County, was elected Governor; Elisha Cutter, Jr., Secretary of State ; Joseph T. Fales, Auditor ; and Morgan Reno, Treasurer.
The third Constitutional Convention was held at Iowa City January 19, 1857. Muscatine County was represented by John A. Parvin. The Consti- tution adopted by this Convention was sanctioned by the people at an election held on the 3d day of August, 1857, there being 40,311 votes cast for, and but 38,681 votes against the change. The Constitution took effect September 3, 1857.
THE COUNTY OFFICERS.
1
Auditor .- When the Circuit Court was created, the office of County Aud- itor, or Business Agent, was instituted. Robert H. McCampbell was then chosen, and has ever since held the position.
Recorder .- The following men have held this office : 1838, Lewis McKee ; 1841, Irad C. Day ; 1847, F. H. Stone; 1851, A. T. Banks; 1855, William G. Robb ; 1858, John W. Lucas : 1862, Brinton Darlington ; 1865, Charles S. Foster ; 1867, W. M. Kennedy, the present incumbent.
Treasurer .- This office has been held by the following men : 1837, Lewis McKee ; 1839, Hezekiah Musgrave; 1841, John A. McCormick ; 1843, T. S. Battelle; 1847, F. H. Stone; 1851, A. T. Banks; 1855, William G. Robb ; 1858, John W. Lucas; 1862, Brinton Darlington (a portion of the time, the offices of Treasurer and Recorder were filled by the same man); 1865, M. L. Miksell; 1867, R. T. Thompson ; 1871, Henry Molis, Sr .; 1873, Joseph Mor- rison, the present incumbent.
Superintendents of Schools .- W. F. Brannan, Charles Woodhouse, D. H. Goodno, G. B. Denison, R. H. McCampbell, Frank Gilbert (to fill vacancy), C. H. Hamilton, T. N. Brown, R. W. Leverich.
Sheriffs .- 1838, James Davis; 1840, Denton J. Snyder; 1844, George W. Humphrey : 1846, Lyman C. Hine; 1850, John J. Reece ; 1852, David G. McCloud; 1856, William Gordon ; 1862, Harris H. Hine; 1866, Abraham E. Keith ; 1872, James A. Eaton ; 1876, R. C. Jewett.
Clerks of the Courts .- Prior to the year 1869, the Clerk was elected as District Court Clerk, but the office now includes both District and Circuit Courts. The records show that John S. Abbott was the first Clerk appointed in Court, although Robert McClaren filled the office, by appointment of the Governor, from February, 1837, until Court convened, in April. The elected Clerks have been : 1838, J. G. Morrow; 1844, John A. Parvin ; 1848, Rich- ard Cadle ; 1850, William Leffingwell; 1854, Richard Cadle; 1858, Charles S. Foster ; 1862, John W. Jayne; 1868, John D. Walker; 1874, John H. Munroe.
431
HISTORY OF MUSCATINE COUNTY.
POPULATION.
By the several census reports, the population of the county of Muscatine has increased as follows :
1838
1,247
1840
1,942
1844
2,882
1846
1,485
1847 (State).
3,010
1849
4,516
1850
5,773
1851
6,170
1852
6,812
1854
9,555
1856
12,569
1859
15,503
1860
16,444
1863
16,989
1865
17,241
1867
.21,336
1870
21,688
1873
.21,382
1875
21,623
The last census, that of 1875, showed the population to be as follows in the several townships of this county :
WHITE POPULATION.
COLORED POPULATION.
NAMES OF TOWNSHIPS, TOWNS AND CITIES.
Number of Families.
Male.
Female.
Total.
Male.
Female.
Total.
Total Population.
Bloomington, exc. of Muscatine.
225
610
543
1153
2
1
3
1156
Cedar
67
190
193
383
383
Fulton.
189
624
538
1162
1162
Goshen
221
638
597
1235
1235
Lake.
131
413
349
762
762
Moscow.
170
419
375
794
794
Montpelier
109
357
310
667
667
Muscatine, city of, (C. H.).
1495
3668
3739
7407
66
64
130
7537
Orono
87
250
251
501
501
Pike
147
431
418
849
849
Sweetland
262
723
692
1415
1415
Wapsinonoc, exc. of West Liberty.
173
501
470
971
8
8
16
987
West Liberty, town of.
202
453
480
933
1
3
4
937
Wilton, exc. of town
197
538
508
1046
1
1
1047
Wilton, town of.
272
683
66]
1344
2
5
7
1351
Total ..
4107|
10959
10503
21462
80 81
161
21623
160
461
379
840
840
Seventy-six
20,699
1869
Since the above report was made, the population of Muscatine City has largely increased, and is now estimated at 10,000 and upward.
432 .
HISTORY OF MUSCATINE COUNTY.
STATISTICAL ITEMS.
The country west of the bluff lands of the river is exceedingly fine. The county is well watered and well timbered. It is a county rich in natural advantages.
In a State which might be made the granary of the nation, and which has the capacity of producing breadstuffs sufficient to feed the people of the United States, if a system of cultivation equivalent to that of many of the countries of Europe were to be inaugurated, one unconsciously falls into the habit of accept- ing marvels in the form of development with a sang froid which none but Americans can exhibit. An invention which is destined to revolutionize methods and expand capabilities in almost an infinite degree, produces a moment- ary ripple on the surface of society, and then is accepted with a practical estimate of its applicability to the machinery already employed.
From the census reports of 1875, the following summary of products is compiled : Number of acres of improved land in the county, 178,945; number of acres returned as unimproved, 48,832; number rods of fence, 759,050. From 32.375 acres there were produced 416,471 bushels of spring wheat ; from 63 acres, 629 bushels of winter wheat ; from 54,760 acres, 1,715,973 bushels of Indian corn ; from 13,287 acres, 405,562 bushels of oats; from 2,358 acres, 59,127 bushels of barley ; from 2,541 acres, 29,455 bushels of rye; from 232 acres, 3,445 bushels of buckwheat; from 2,030 acres, 183,116 bushels of potatoes. In addition to these crops there were 13,672 bushels of sweet potatoes, 2,342 bushels of onions, 3,155 bushels of flaxseed, 16,507 gallons of sorghum sirup, 22,000 tons of tame hay, 6,394 bushels grass-seed, 42,094 bushels of apples, 620 bushels pears, 261 bushels peaches, 3,557 bushels cherries, 321,572 pounds grapes, 6,349 gallons wine made. The hog crop in 1875 numbered 40,169; sheep, 4,550; wool clipped, 20,317 pounds. There were 498,968 pounds of butter made by private parties.
VALUATION OF THE COUNTY IN 1878.
Auditor McCampbell made the following report to the Auditor of State for the year 1878 :
Total number of acres assessed.
266,148
Valuation of farm lands ..
$3,138,395
Village and city property ---
Stockton.
$ 5,392
Atalissa
12,956
Moscow
7,263
Muscatine
969,700
Conesville.
9,992
Nichols
10,940
Fairport
7,415
West Liberty.
90,120
Wilton
151,790
-$1,265,568
Valne railroad property ..
506,776
Aggregate personal property
1,438,293
Total valuation of county
$6,349,032
OLD SETTLERS' ASSOCIATION.
On the 9th of February, 1856, an Old Settlers' Society was formed at Muscatine, by the following persons : Judge Joseph Williams, T. S. Parvin, Pliny Fay, Joseph Bridgeman, Suel Foster, H. A. Jennison, H. H. Hine, Z.
433
HISTORY OF MUSCATINE COUNTY.
Washburn, G. W. Humphreys, J. P. Walton, M. Ward, W. Chambers, Jr., Giles Pettibone, Joseph S. Allen and A. T. Banks. Judge Williams was elected President, and Mr. Parvin, Secretary. The Society still exists. Judge D. C. Richman is President, and Mr. Peter Jackson, Secretary.
Mr. Peter Jackson, Secretary of the Old Settlers' Society, has carefully preserved all obituary notices of those pioneers who have passed away. From such records is here compiled a chapter on the lives and public services of those men and women who were identified with the early settlement of this county. To give even brief mention of all who have died after having gained honorable residence in Muscatine County, is a task beyond the limits of any one volume, and to the end that a safe guide may be followed in our work, we have selected only such names as appear in the Secretary's book. Hundreds of men live in a community for years without becoming public characters, but are none the less worthy of a place in the pages of local history. Still, it is obvious that unless a record is preserved, from time to time, or at their death, no writer can obtain the necessary data wherewith to construct a fitting memoir. With a general recognition of the labors of the many, in their efforts to create a new county, therefore, and without intentional errors of omission, the writer takes up the thread of his text.
The first name mentioned in the Pioneers' Record, is that of Judge Arthur Washburn. who came from New York State to Iowa, and located in this region in 1835. In 1836, he was appointed to the first postmastership created in Mus- catine County. while it was yet a part of old Des Moines. The office in ques- tion was located near " the mouth of Pine," and was called Iowa. For several months thereafter, the sparse settlement in this section of Iowa went to that Post- master rather than to that office, for their scattering mail. The office was located in the little trading store kept by Maj. William Gordon. In 1838, after the legal birth of Muscatine County, Gov. Lucas appointed Mr. Wash- burn Judge of Probate. In 1851, when the office of County Judge was cre- ated, Judge Washburn was elected to that position, which was financial agent of the county, as well as business administrator. During his incumbency, the Judge raised the credit of the county to par, by his economical management of its affairs. Judge Washburn held numerous offices besides those already named, and'in them all discharged his duties honorably. His death occurred early in 1856, and resolutions of respect were adopted by the pioneers.
Edward E. Fay, the first Postmaster of Bloomington. died in 1840. Mr. Fay held several positions of honor and trust, and is to this day remembered with affectionate regard by his associates in the early scenes.
Adam Ogilvie, Thomas M. Isett, Amos Walton, John Vanater-these are names which awaken a train of recollection among the survivors of the early days. Judge Joseph Williams figures more prominently in the history of the county and Territory than any other pioneer, perhaps, because of the high office held by him from the first. He was born in Greenburg, Westmoreland Co .. Penn., December 28, 1801. In 1838, President Van Buren appointed Mr. Williams Associate Justice of the Supreme Court of the Territory of Iowa, and Judge of the Second Judicial District. It is related of him that his genial character and generous spirit oftentimes led him into what some deemed lapses from judicial dignity, insomuch that he not infrequently joined his " bar " in a social dance after his official duties were done. In fact, he would not only dance, but even play the violin for others to dance by, and hence his political opponents termed him "the fiddling Judge." When President Tyler came into office, an effort was made to secure the removal of the Iowa Judges, and,
434
HISTORY OF MUSCATINE COUNTY.
it is said, certain men were even determined upon as the successors of the trio. When Judge Williams received word of the movement, he took steps to counter- act it. A paper purporting to represent the sentiment of the District, but really gotten up in Bloomington, had been sent to Washington. Gen. Dodge had forwarded a copy of the document to Iowa, and the interested parties were not slow in getting up a counter-statement. Armed with this indorsement, Judge Williams repaired to the capital, and, on his way met certain ladies, who were traveling thither by the same coach. So genial was the Judge that he soon gained the admiration of his fair companions. Neither knew the other, but what was the mutual surprise of all when, upon the Judge's presentation to the President, they ascertained that the Judge was an aspirant for executive favor, and the ladies were members of the President's household. The acquaintance so pleasantly begun was thereupon continued, and the result of the chance meeting was the re-appointment of the original bench. When Iowa was admitted as a State, Judge Williams was elected to the Supreme Judgeship. In 1848, Hon. S. C. Hastings succeeded him in that office; but in 1849, the Judge again became the occupant of the Supreme Bench. He retained his office until 1855. In 1857, President Buchanan appointed him one of the Judges of the Territory of Kansas, a position which he held until the admission of Kansas as a State. In 1863, Gen. Veach, at Memphis, Tenn., found it necessary to organize a judicial tribunal at that post, the operations of the war having suspended the ordinary legal institutions. Judge Williams accepted a seat as one of that commission. Early in 1870, the Judge left his home in Lake Township, whither he had returned some four years prior to the last date. and went to Fort Scott, Kan. He was suddenly attacked with pneumonia, shortly after his arrival, and died March 31, 1870. His remains were brought back and interred in the county he had so long honored.
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