USA > Iowa > Poweshiek County > The History of Poweshiek County, Iowa : containing a history of the County, its cities, towns, &c.,. > Part 44
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The towns which show the greatest increase during that time are Grin- nell and Montezuma; the former having gained, during the five years, 940,. and the latter 460. We have not the data at hand for computing the in- crease of population in Brooklyn during the past five years. The increase of Bear Creek township, however, during that time has been 220 and it is safe to conclude that a large proportion of the increase was in the city.
370
HISTORY OF POWESHIEK COUNTY.
TABLE OF EVENTS.
The following table of important events shows the general landmarks of the county's career and history from the beginning up to the present time:
First settler; Richard B. Ogden; fall of 1843.
First child born; Hannah Woodward, daughter of Mahlon Woodward, 1847.
First marriage license issued to John Moore and Amelia P. Woodward; married October 12, 1848.
First land entered by John J. Talbott, August, 1867.
First land transferred from Richard B. Ogden to Elias J. Williams, Oc- tober 20, 1848.
First real estate mortgage from Jesse Soey to John White, March 16, 1849.
County organized, 1848.
Montezuma laid out, July, 1848.
First term of court, 1851.
First railroad in the county, 1862.
First railroad into the county seat, December, 1875.
First court-house erected, 1850.
Present court-house built, 1857.
Grinnell laid out and plat filed, January 26, 1855.
Brooklyn laid out and plat filed, April 27, 1855.
Malcom laid out and plat filed, September 26, 1866.
Searsboro laid out and plat filed, June 12, 1871.
This brief table represents a large amount of history and will be very in- structive to such as "ponder it fittingly."
Speaking generally, the growth of the country has been steady and con- tinuous, although of course there have been times of ebb and flow. The first period of the county's growth was one of much hardship and privation. The California emigration, however, brought golden days to the county; in supplying the needs of the army of gold seekers who passed through there was a demand right at the door of the settler for all the farm produce he could spare; prosperity continued at high tide till the panic, a few years before'the war. The panic times were times which tried men's souls inPow- eshiek county as elsewhere; there was very general discontent, and many business men in the county were ruined. A slow recovery followed and in- troduced the war period. From the close of the war till 1873 the county was in a prosperous condition. The county did not suffer so much directly as indirectly by this panic, and the evil effects being indirect did not reach
371
HISTORY OF POWESHIEK COUNTY.
this locality till about a year after the older settled communities farther East were first affected. When hard times did come the experience of the people was very similar to that of the people of all countries and times when the ebb tide sets in and leaves many a too adventuresome craft stranded on the shores of time; property depreciated and became unsalable, general uneasiness and discontent prevailed. There has been nothing peculiar in the experience of the people of Poweshiek county; it has been that of the country in general. At the present time the country is fairly stated on a new career of prosperity. So in Poweshiek county good times have fol- lowed close on evil times, and vice versa, through the entire period of its growth. It would seem that the old sage's thought " Even this shall pass away" would be a good thing to ever keep in mind, both in prosperity and adversity.
Such a lesson is taught by the experience of the county from the time of its organization till the present.
Having thus definitely, and as fully as the records permit, noted the early settlements, and described the hardships of the pioneer and the develop- ment of the country during its early stages, we now come to the matter of the county organization.
CHAPTER VI.
ORGANIZATION OF THE COUNTY.
Origin of County and Township Organization-Condition of Territory before Organization- Legislative Act for Organization of Poweshiek County-First Election-Board of County Commissioners-County Judge System-Township System-Board of Supervisors-First Courts-Public Buildings.
IT was not long after the Indians departed and the country was thrown open for settlement, that the necessity of county organization in the interests of good government, good roads and the management of other local affairs be- came apparent. The county was thrown open for settlement in 1843, and during the fall of the same year some settlements were begun, and during the winter of 1847 and '48 the necessary legislation was procured in the State Legislature, then in session in Iowa City.
Before proceeding to speak of these events in detail, it will be proper to. state some facts bearing upon the subject of county and township organiza- tion in general.
With regard to the origin of dividing individual States into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and governing
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HISTORY OF POWESHIEK COUNTY.
themselves, under the approval of, and subject to, the State and general government of which they both form a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his " Laws of Illinois, Relative to Township Organizations," he says: ." The county system originated with Virginia, whose early settlers soon be- ·came large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.
" The county organization, where a few influential men managed the whole business of the community, retained their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was moreover conso- nant with their recollections or traditions of the judicial and social digni- ties of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1834 eight counties were organized in Virginia, and the system extending throughout the State, spread into all the Southern States, and some of the Northern States; unless we except the nearly similar division into 'districts' in South Carolina, and that into ' parishes' in Louisiana, from the French laws.
"Illinois, which with its vast additional territory, became a county of Virginia, and its conquest by General George Rogers Clark retained the county organization, which was formerly extended over the State by the constitution of 1818, and continued in exclusive use until the constitution of 1848.
" Under this system, as in other States adopting it, most local business was transacted by those commissioners in each county, who constituted a county court with quarterly sessions.
"During the period ending with the constitution of 1847, a large portion of the State had become filled up with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively arbitrary and inefficient county system. It was main- tained by the people that the heavy populated districts would always con- trol the election of the commissioners to the disadvantage of the more thinly populated sections-in short, that under that system ' equal and exact jus- tice' to all parts of the county could not be secured.
"The township system had its origin in Massachusetts, and dates back to 1635.
"The first legal enactment concerning this system provided that, whereas, " particular townships have many things which concern only themselves,
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HISTORY OF POWESHIEK COUNTY.
and the ordering of their own affairs, and disposing of business in their own town,' therefore, ' the freemen of every township, or a majority part of them shall only have power to dispose of their own lands and woods, with all the appurtenances of said town, to grant lots, and to made such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the general court.
"They might also (says Mr. Haines) impose fines of not more than twenty shillings, and 'choose their own particular officers, as constables, surveyors for the highways and the like.'
" Evidently this enactment relieved the general court of a mass of mu- nicipal details, without any danger to the power of that body in controlling general measures of public policy.
" Probably also a demand from the freemen of the towns was felt for the control of their own home concerns.
" The New England colonies were first governed by a general court or legislature, composed of a Governor and a small council, which court con- sisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders.
"They made laws, ordered their execution by officers, tried and decided civil and criminal cases, enacted all manner of municipal regulations, and, in fact, did all the public business of the colony. Similar provisions for the incorporation of towns were made in the first constitution of Connecti- cut, adopted in 1639; and the plan of township organization, as experience proved that it was remarkably economical, and that it was adapted to the requirements of a free and intelligent people, was universally adopted throughout New England, and went westward with the emigrants from New England into New York, Ohio and the Western States."
Thus we find that the valuable system of township and county organiza- tion had been thoroughly tested and proven before there was need of adapt- ing it in Iowa or any of the broad region beyond the Mississippi River, but as the country began to settle up, and eastern people began to move westward across the mighty river, county and township organizations fol- lowed in quick succession, and those different systems became more or less modified as the tastes and requirements of the people demanded. Experi- ence and the demands of the people brought about these changes-not sud- denly, but gradually, until the system reached its present state of efficiency and perfection.
In the case of Poweshiek county the progress of settlements was from the south. This forms an exception to the general rule, as progress has gen- erally been from the east.
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HISTORY OF POWESHIEK COUNTY.
The subsequent subdivision of territory into separate and distinct coun- ties was not the work of a day. It was in the interests of the older counties to retain the territory attached to them, and the movement to detach ter- ritory and form new counties usually originated with the settlers living in these sparsely settled regions. Of course these movements were not suc- cessful at first, and were frequently thwarted.
The Legislature began by organizing counties along the Mississippi River. As each new county was formed it was made to include, under legal juris- diction, all the country bordering on it from the west, and required to grant to the occidental settlers electoral privileges and an equal share in the county government. The entire territory now comprising the State of Iowa at one time constituted two counties.
But to proceed with our narrative. The act authorizing the organizing of Poweshiek county was approved January 23, 1848, and reads as follows:
"AN ACT to organize the county of Poweshiek, and to provide for the loca- tion of the seat of justice thereof:
"SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the county of Poweshiek be and the same is hereby organized, from and after the third day of April next, and the inhabitants of said county shall be entitled to all the privileges to which, by law, the inhabi- tants of other organized counties of this State are entitled, and the said county shall constitute a part of the Third Judicial District of this State.
" SEO. 2. That David Edmundson, of the county of Jasper, John White, of the county of Mahaska, and John Rose, of the county of Polk, be, and they are, hereby appointed Commissioners to locate and establish the seat of justice of said county of Poweshiek; said Commissioners, or any two of them, shall ineet at the house of Mahlon Woodward, Esq., in said county, on the first Monday in June next, or at such other time within one month thereafter, as a majority of said Commissioners may agree upon, in pur- suance of the duties under this act.
"Approved January 24th, 1848."
THE FIRST ELECTION.
The first election in Poweshiek county after the act of organization, occurred on the 3d day of April, 1848. This was called the organizing election, and the officers thus chosen held the position to which they were then elected, until the regular State election in the following August. These were the first officers of Poweshiek county, but it must not be sup- posed that this was the first election held in the county. Prior to the or- ganization of the county, the settlers were attached to Mahaska county, and
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HISTORY OF POWESHIEK COUNTY.
the entire county was constituted an election precinct, known as Poweshiek precinct. It is said that when Poweshiek precinct was yet a part of Ma- haska county, the place of voting was a cabin situated on section 9, about five miles west of Montezuma. The land where the cabin was situated, now belongs to the estate of Thomas Heaton. All the way from Snook's Grove on Bear Creek, and from Lattimer's Grove, the free and independent citizen was accustomed to wend his way to this cabin and perform his part of the duty of deciding the momentous issues which then agitated the Na- tion. Mr. A. W. Ballard, of Montezuma, then of Oskaloosa, was depu- tized by the Sheriff of Mahaska county, to carry the poll-books to Powe- shiek precinct the day prior to the election. He was also entrusted with the tickets of both parties, handing over the Democratic tickets to a well known representative of that political faith, and distributing the Whig tickets himself. It is questionable whether it would be safe to entrust a package of Democratic tickets, on the eve of an exciting election, at the present, to that gentleman.
Mr. Ballard says that the Democrats of Poweshiek precinct were in the majority, and at that election they polled nineteen votes.
After the passage and approval of the act for the organization of the county, it became the duty of the Judge of the Third Judicial District to appoint for said county an executive officer to carry out the provisions of the act; or, in other words, to appoint a Clerk of the District Court, for said county, whose duty it should be to order an election for choosing county officers, post up notices of said election, and make other preparations for the carrying out of the provisions of the act.
A certain Mr. Douger of Oskaloosa was appointed for this purpose, and the election was held on the third day of April, 1848. The place of voting was at the house of John H. McVey, on section 22, Union township, The land upon which the house was located now belongs to the estate of Benja- min Bangham. There were probably two other places of voting, one in the vicinity of Snook's Grove, on Bear Creek, and one near Lattimer's Grove. With regard to this, however, we have no reliable information.
At this first election, the following officers were elected:
County Commissioners-James Yearger, Martin Snyder and Richard B. Ogden.
Clerk of the District Court-Stephen Moore.
Sheriff-William English.
Surveyor-Mahlon Woodward.
24
376
HISTORY OF POWESHIEK COUNTY.
PROCEEDINGS OF THE COMMISSIONERS.
The record of the proceedings of the County Commissioners has been lost. This is unfortunate, as it contains the data of what should form the most important part of the history of the county. This board was the executive head of the county until 1851, and their acts had a very import- ant bearing on the affairs of the county. When this office was legislated out of existence and was succeeded by a County Judge, a record was made which is still in existence. For the acts of the County Commissioners we must depend upon the information imparted to us by old settlers, and such concurrent testimony as may be gleaned from other records now in exist- ence.
The first meetings of the board seem to have been held at the house of John H. McVey, located on section 22, within the bounds of the present township of Union. Among their first acts was the purchase of the land upon which the county seat was located. This they did through Isaac G. Wilson, who was appointed to attend to that business. After the town site was entered, the Commissioners ordered it surveyed and platted, all of which was completed by July 22, 1848. They then ordered a sale of lots and executed in the name of the county, deeds therefor. When the sale of lots begun, there was, of course a beginning of a county fund, as the pro- ceeds from the sale of lots were appropriated to the payment of current ex- penses. As soon as the sale of lots commenced there was, of course, a de- mand made by the purchasers for the erection of a court-house. The Com- missioners ordered the preparation of plans and specifications and adver- tised for bids. The erection of the building was allowed to the lowest re- sponsible bidder and the court-house, a frame structure, was begun, but not entirely finished until the administration of the County Judge.
The board also was concerned with the formation of civil townships, road districts and the location of roads, all of which will be treated of under the proper head. They also levied a tax, and paid William English five dollars for assessing the entire county, somewhat less than it costs now to have the county assessed. The first taxes levied in 1848 were collected in 1849, a complete list of which we have the pleasure of reproducing else- where.
Another duty of the County Commissioners was to license "groceries " and order the payment of their per diem and mileage, which arduous duties we have every reason to believe they performed regularly and with great unanimity.
377
HISTORY OF POWESHIEK COUNTY.
COUNTY JUDGE SYSTEM.
In 1851 the Board of County Commissioners was superseded by the office of County Judge as executive head of county affairs. The members of the Board at the time the office went out of existence were Thomas Fry, Robert Taylor and Richard B. Ogden, the latter having been a member of the Board from the time of the organization of the county till the discon- tinuance of the office.
Mr. Ogden was further honored by being first elevated to the honors and emoluments of the office of County Judge, which office he held from 1851 till 1857, a period of six years.
The management of county affairs were thus placed in the hands of one individual, and the County Judge was, in a small way, a veritable despot; his word was final in the adjudication of claims against the county; he located roads, levied taxes, built bridges, erected court-houses and jails, heard motions, issued injunctions, attended to probate matters, and was amenable to no one except on the day of election. Nothwithstanding this almost unlimited authority exercised by the County Judge, and the large amount of money constantly at his disposal, we find that it was not fre- quently that the trust was betrayed. During the whole time that county affairs were in the hands of the County Judge there was but one case in the entire State in which this official proved to be corrupt and was false to the trust reposed in him. This seems to be so remarkable that we are led to inquire for the cause. Was it because the people were particularly fortu- nate in the selection of men for this office? Men whom the consciousness of power could not corrupt and money could not buy? Or is there some philosophy whereby may be explained this exceptional purity of the one inan power? We are inclined to the latter opinion. It is a law of social being that men are more swift to go with the multitude in the way to do evil than individually to assume the responsibility of an evil act, and the risk which few men would be willing individually to assume, there are many who would be willing to divide.
Thus it is, that the County Judge was more than usually accommodating, careful and particular. Should he make a mistake he, alone, must assume the responsibility; should he arrogate authority or misappropriate funds, he, alone, must bear the odium of the crime. Thus it followed, that the County Judge enjoyed to a remarkable degree the confidence of the people and his tenure of office was longer than other officials, they, as a rule, serv- ing from six to eight years.
Among the first acts of the County Judge was to make a settlement with the outgoing Board of County Commissioners and other officials then in
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HISTORY OF POWESHIEK COUNTY.
office. Judge Ogden held his first term of court beginning on the first Monday in October, 1851. We make the following abstract of the record of the first term of County Court, which seems to have continued but one day:
"At a County Court begun and held at the court-house in Montezuma, in the county of Poweshiek, and State of lowa, on Monday, the sixth day of October, A. D. 1851, present, Richard B. Ogden, Judge.
" Now, at this day came Stephen Moore, Clerk of the Board of County Commissioners, and presented his account for services rendered on account of making out copy of assessment roll and calculating tax on the same for the year 1851, for the sum of twenty-six dollars, which is allowed by the Court.
"And now on this day comes Stephen Moore and presents his bill for stationery by him furnished for the Clerk's office, for the sum of one dollar, which, after being duly inspected by the Court, is hereby ordered to be paid out of the county treasury.
And now at this day comes Stephen Moore, Clerk of the District Court, and presents his fee bill in the case of the State of Iowa v. H. McDonald and the case of the State of Iowa v. William Woodward, for the sum of four dollars and twenty-five cents, which, after being duly inspected by the Court, is hereby ordered to be paid out of the county Treasury.
"And now at this day came John M. Talbott, Esq., and presented his fee bill in the case of the State v. John Snow, for the sum of one dollar and twenty-five cents, which, after being duly inspected by the Court, is hereby ordered to be paid out of the county treasury.
"Now, at this day, came the Clerk of the District Court and presented the following list of Grand Jurors who were in attendance at the September term of the District Court, who are entitled to the sums attached to their respective names for one day's services and mileage:
Daniel Swemes, 1 day and 9 miles $ 1.90
John S. Sheeley, 1 day and 6 miles. 1.60
Stephen R. Moore, 1 day and 6 miles 1.60
Henry James, 1 day and 6 miles 1.60
Neri Bryan, 1 day and 22 miles 1.25
Joseph W. Satchell, 1 day and 6 miles 1.60
Thomas Fry, 1 day and 15 miles. 2.50
Robert Manatt, Jr., 1 day and 15 miles 2.50
Daniel Orcutt, 1 day and 11 miles 2.10
Nathaniel Lattimer, 1 day and 14 miles
2.40
Total $19.05
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HISTORY OF POWESHIEK COUNTY.
" Which, after being duly inspected by the court, it is
Ordered, That they be allowed the sums annexed to their respective names out of the county treasury.
Ordered, That Robert Manatt, Sr., William Scott and John Manatt each be allowed the sum of one dollar each for their services as judges of August election, 1851, in Bear Creek township.
"And now, at this day, came the Clerk of the District Court and pre- sented the following list of Petit Jurors who were in attendance at the Sep- tember term of the District Court, and who are entitled to the sums annexed to their respective names, for one day's attendance and mileage:
Thomas Manatt, 1 day and 11 miles $ 2.10
Albert L. Morgan, 1 day and 10 miles
2.00
William Butt, 1 day and 5 miles. 1.50
George Snook, 1 day and 15 miles
2.50
Elias Brown, 1 day and 5g miles
1.55
Robt. F. Steel, 1 day and 6 miles
1.60
James Manatt, 1 day and 11 miles 2.10
Joseph Hall, 1 day and 4 miles 1.40
Sam'l Favour, 1 day and 14 miles
2.40
William English, 1 day and 10 miles
2.00
George W. Beeler, 1 day and 10 miles
2.00
Total $21.15
" Which, after inspection by the Court, it is
Ordered, That they be allowed the sum annexed to their respective names out of the county treasury."
Orders were also granted for the payment of judges and clerks of elec- tion in Sugar Creek, Jackson, and Bear Creek townships, for services at the August election, 1851. These three townships, at that time, it will be re- membered, were the only civil townships organized, and included the entire territory of the county.
James W. Wilson was allowed the sum of seventeen dollars, for sum- moning two panels of jurors. Mr. Wilson was county Sheriff at the time.
Isaac G. Wilson was allowed the sum of seven dollars and twenty-five cents, for guarding John Snow, a prisoner, for five days. Snow seems to have been the first prisoner who fell into the hands of the officers of Powe- shiek county.
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