USA > Iowa > Benton County > The history of Benton County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics > Part 40
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Judging from these entries, it would appear that the young people of Benton were following the customs of their fathers diligently as soon as the county Court was organized and it is to be inferred that there were numerous marriages prior to 1851.
THE FIRST TERM
of the County Court was commenced at the Court House November 3, 1851. Present, John S. Forsyth, County Judge ; G. W. Vardaman, Clerk ; C. C. Charles, Sheriff. Adjourned by proclamation of Sheriff to the house of C. C. Charles and " proceeded to business."
The first entries were as follows :
W. C. Stanbury for W. W. Hamilton presented claim for balance as services for field notes of the county. Application was made for the appointment of a surveyor for said county, and W. C. Stanbury produced a bond to fill the appointment, which was not approved by the court. James Rice produced a claim as follows : State of lowa vs. James Chambers and others in Justice Court charged with killing a hog that did not belong to them. The case was tried October 16, 1851, and failed for want of sufficient proof; and the court being satisfied that there was suffi- cient grounds for a process to issue in said ease, it is therefore ordered by the court that James Rice be allowed $2 for services as Justice of the Peace in the above ease, as per bill filed, to be known as Warrant No. 22, and further, that William Remington, the Constable in the above case be allowed $2.25, as per bill filed to be known as Warrant No. 23. Be it remembered that it is ordered by the Court, that until otherwise ordered, the court will be held at the house of M. D. L. Webb.
JOHN S. FORSYTH, County Judge,
THE LAWYERS WANT THEIR PAY.
It is a little difficult at this distance to clearly understand the following order. Why Mr. Preston was not paid by the County Commissioners who had charge of the county affairs for five years and more, and why he should be paid for services as Prosecuting Attorney before the county was organized, and for a term of nearly eighteen months before he was appointed Prosecuting Attorney by Judge Carleton at the first term of the District Court. are among the many mysteries of the early history of the county that must probably remain unsolved. It may be probable, however, that Mr. Preston may have been employed by the people of the county to procure the passage of the bill organizing the county.
352
HISTORY OF BENTON COUNTY.
The order of Judge Forsyth is sufficient evidence that he understood it and that it was legitimate. The order is as follows :
Ordered, That I. M. Preston be allowed $100 for services rendered said county (Benton) as Prosecuting Attorney for said county from the 19th day of December A. D. 1845, to the 10th day of April A. D. 1848, as bill filed Nov. 28, 1851.
On the same day the following order was made by the County Court :
Ordered, That Norman Isbell be allowed $30 for services rendered said county as Prosecut- ing Attorney at special term of District Court, A. D. 1851, as per bill filed.
Henry O'Conner was allowed $25 for similar services at the September term, September 15, 1851.
Order No. 5 November 29, 1851
Ordered, That John Alexander be allowed $77.50, the amount allowed him by the Board of County Commissioners for services rendered as Prosecuting Attorney.
In December, 1861, orders were drawn for the payment of Judges and Clerks of Election in the several townships at $1 per day, as follows :
Polk. Three elections in 1851, viz. : April 7, April 26 and August 4.
Polk Township. William J. White, John S. Forsyth, Charles N. Moberley, James Downs, Alexander Johnson, Thomas J. Fergesen, William S. Griffin, Judges ; John Parker, Clerk.
Harrison. Albert Johnson, Hiram Roswell, Abel Cox, William A. Bryson, Martin Johnson, John S. Vancleave, Judges ; James Johnson, Elijah Evans, Jacob Remington, Clerks.
Canton Township. Judges, Loyal F. North, John "Shawver," Edward D. Johnson and David M. Stearn ; Clerks, William R. Johnson and John Renfew. Taylor Township. Judges, John Royal, William J. Sanders, George W. Vandaman, L. D. Bordwell and James F. Beckett ; Clerks, George W. Vanda- man, John E. Vardaman, David S. Brubaker and John I. Sanders.
THE FIRST COURT HOUSE.
January 7, 1852, Mr. D. L. Webb was allowed $1.50 for hauling lime for the Court House.
January 1, 1852 :
Ordered, That C. C. Charles be allowed $10 for laying two floors in Court House, and fur- nishing nails.
January 28, 1852 :
It is hereby Ordered by the Court, that the office of County Judge and the County Court be held in the house of W. C. Stanbury, until otherwise directed.
April 1, 1852 :
Now it is Ordered by the Court, that the county offices be held in the Court House in Fremont, until otherwise ordered.
From the above orders, it is evident that the Court House was not finished for occupation until about April, 1852. Indeed, Mr. Wood states it as his im- pression, that although the records indicate the terms of Court, in 1851, to be held in the Court House at Fremont, they were really held elsewhere, as the house was not finished and could not be occupied.
FIRST QUARTERLY SETTLEMENT.
On settlement with the Clerk, Treasurer and Judge, up to January 1, 1852, the fees received by the Judge were $3.80; by the Clerk, $13.50; by the Treas- urer, $35.20; making in all, $52.55-cqual to $17.51 each. The salary of
353
HISTORY OF BENTON COUNTY.
each was $75.00, and after deducting the last mentioned amount, orders were drawn on the treasury for the balance, $57.49 each.
At the next quarterly settlement, April 5, 1852, the Judge had received in fees $3.50; the Clerk, $4.50 ; and the Treasurer, $27.81; total, $35.81.
TOWNSHIPS IN TAMA COUNTY.
In 1852, Tama County was attached to Benton, for election, judicial and revenue purposes. The following orders show the formation of two townships in that territory ; but, singularly enough, no similar record was made when townships in Benton County were created :
OFFICE OF THE COUNTY JUDGE, FREMONT, June 4, A. D. 1852.
It is hereby Ordered by the County Court in and for said county, that all that part of Tama County lying east of Range 16, be and the same is hereby created a civil township for election and the other purposes of law, and is known by the name of Howard Township, Tama County, Iowa : and the Court further appoints Regin A. Redman, John C. Vermelgea, Eli Chase, Trustees of said township, and that the first election in said township, to be holden by this order, shall be held at the house of Regin A. Redman. on the first Monday in August, A. D. 1852; and that the same be governed agreeable to the provisions of the law of the State of lowa.
June 4, 1852.
JOHN S. FORSYTH, County Judge.
It is hereby Ordered by the Court that Townships 82, 83, 84, 85 and 86 north, in Range 16, in County of Tama County, which is now attached to Benton for election, judicial and revenue pur- poses, be, and the same is hereby, created into a civil township, to be known as Indian Village Township, Tama County, Iowa : and that William Taylor, Eli W. Daley and Sim. Applegate be, and the same persons are hereby, appointed Trustees of said township; and that the first election held under this order shall be holden at the house of Eli W. Daley, on the first Monday in August, A. D. 1852. JOHN S. FORSYTH, County Judge.
FERRY LICENSE.
June 8, 1852, license was granted to Wm. H. Bristol to run a ferry across the Cedar River at Fremont for the term of ten years. The rates of toll were established by Judge Forsyth, as follows; Foot passenger, 5 cents; man and horse, 10 cents ; one-horse vehicle and horse, 15 cents ; wagon and two horses, 20 cents each ; each additional horse, 5 cents ; droves of horses, 5 cents each : cattle, 4 cents each ; sheep, 3 cents ; and hogs, 3 cents each. Teams of oxen or cattle to be rated as horses. The license was transferred by Bristol to Henry R. Sanders March 27, 1854. Sanders assigned to Elijah Ervin Nov. 10, 1854. and Ervin to James L. Pauley Angust 11, 1855.
ANOTHER CURIOSITY.
Among other old matters presented to the County Judge for settlement in 1852, was a bill from one of the County Seat Commissioners for services in locating the county seat in May, 1846. Probably Mr. Secrest prudently waited until he thought his bill would be paid before presenting it, October 12, 1852. when the following order was passed :
Ordered, by the Court, that J. A. Secrest be allowed $22 for services as Locating Commis- sioner to locate the town of Vinton, in said county, in May, 1846, said warrant to be known as No. 212. JOHN S. FORSYTH, County Judge.
THE COURT HOUSE FINISHED.
December 23, 1852, the court ordered the payment of $3.78 to James Johnson for cash paid for plastering the Court House. On the same day, the court ordered the payment of $20.31 for a stove for the Court House. Decem- ber 30, J. S. Hunt and S. Alexander were paid $0.62 for a load of wood for Eenton County. February 7, 1853, Elijah Evans was paid $0.61 for stove rent.
354
HISTORY OF BENTON COUNTY.
COURT HOUSE BURNED.
During the Summer of 1852, it is said that the first story was occupied for a while as a store, the goods being put in by Mr. Greene, of Cedar Rapids, Russell Jones being salesman. In the Fall and Winter following, however, the room was used as a school room, in which George Parish taught school, prob- ably the first in Fremont. Before the term closed, however, the building was burned under the following circumstances, as narrated by Dr. J. C. Traer, who was then District Clerk. When the house was finished, the workmen left a quantity of shavings under the building. One afternoon in January, after school, some one took up the ashes and coals in the stove, and then threw then out in the yard. That night the Treasurer, James Johnson, and Dr. Traer slept in the office in the second story. During the night, a strong wind arose, and, it is supposed, blew some of the coals under the house among the shavings, where a brisk fire was soon kindled. Dr. Traer awoke, and finding the room full of dense, suffocating smoke, clothed himself as quickly as possible, and ran down the outside stairway and discovered that it was impossible to save the building. He immediately returned, and with Johnson and one or two of the neighboring settlers whom they aroused, succeeded in saving all the county records and papers by throwing them out of the windows. Nothing was burned with the building except a gun that belonged to Simison, and Dr. Traer's watch, which he forgot in the excitement of the hour, and some of the scholars' books in the lower story.
Fremont was changed to Vinton by act of the General Assembly, approved January -, 1853.
PROPOSITION TO BUILD A NEW COURT HOUSE.
Very soon after the destruction of the Court House, Judge Forsyth made preparations for the erection of a new one on the Court House Square, and ordered the following :
NOTICE
Is hereby given to the qualified voters of Benton County, Iowa, that there will be a propo- sition submitted to the people at the April election for A. D. 1853, for to decide whether the Connty Judge shall issue the bonds of the county, to the amount of $7,000, for the purpose of borrowing money to construct a Court House, and levying a tax at the rate of two mills upon the dollar of valuation of property for the first five years, and three mills upon the county valuation for five years thereafter, or a sufficient length of time to pay the whole amount. Said proposi- tion to take effect from and after the 1st of June, A. D. 1853.
VINTON, Benton Co., March 4, 1853.
J. C. TRAER, County Clerk, By order of the County Judge.
Abstract of votes given in Benton County, Iowa, at an election held in Benton County on the 4th day of April, A. D. 1853, to decide for or against issuing bonds to borrow money to build a ' ourt House, which vote resulted as follows :
For bonds, 144 ; against bonds, 73. Carried in favor of bonds.
We, the undersigned, canvassers of the election held in Benton County on the 4th day of April, A. D. 1853, do certify the vote in favor of county bonds. 144; against county bonds, 73. Carried in favor of bonds.
JOHN S. FORSYTH, Co. Judge, JAMES RICE, J. P., D. S. BRUBAKER, J. P., Canvassers. Aug. 7, 1853, the following additional order was made :
Be it remembered, That on this 1st day of August, A. D. 1853, the County Judge, in accord- ance with the decision of the people of said county, by a vote taken on the first Monday of April in said year, the result of which said vote is now on record in said court aforesaid, issue
355
HISTORY OF BENTON COUNTY.
or cause to be issued the bonds of Benton County, in said State, to the amount of $7,000, to wit ; fifteen several bonds of the denominations of (400) four hundred and (500) five hundred dol- lars respectively, and made payable as follows, to wit : Nos. 1. 2 and 3 payable on the 1st day of August, A. D. 1858; and Nos. 4, 5 and 6 made payable on the 1st day of August. A. D. 1859 ; and Nos. 7, 8 and 9 payable on the 1st day of August, A. D. 1860; and Nos. 10, 11 and 12 ou the 1st day of August, A. D. 1861 ; and Nos. 13, 14 and 15 payable on the 1st day of August. A. D. 1862; which said bonds are executed to draw interest at the rate of ten per cent., payable semi-annually ou the 1st day of February and August.
Wm. R. Johnson was elected Treasurer and Recorder in 1853.
The bonds were negotiated by Dr. Traer, and sold at par to Green & Brother, of Cedar Rapids, August 1, 1853, who, on the same day, executed a bond with Weare, Finch & Co., of Cedar Rapids, and Russell Jones, of Vinton, in the sum of $14,000, conditioned as follows :
WHEREAS, The said Green & Brother have this day purchased and received of the County Judge of Benton County aforesaid, the bonds of said county for the sum of $7.000, with inter- est at 10 per cent. per annum, said bonds being issued in accordance with a vote in favor of said issue by the legal voters of said county to defray the expense of erecting a Court House for the use and benefit of said county, in consideration of which the said Green & Brother obligate themselves to pay to the order of the County Judge of Benton County aforesaid the sum of seven thousand dollars ($7,000), payable at the business house of Green & Jones, Vinton, Benton County, Iowa, and in such sums and as fast as may be required to defray the expense of erecting the Court House aforesaid : it being expressly understood and agreed that the County Judge shall not draw on the said Green & Brother for any part of said $7,000 faster than it may be required for the active construction of said Court House, and that he shall draw for no other purpose than to pay for said Court House until said building is completed, when he will be at liberty to draw for any balance that may be in the hands of said Green & Brother, and place in the hands of the County Treasurer. It being agreed that said Green & Brother are to have the use of the funds, as above stipulated, in consideration of their taking the bonds at par.
This bond was canceled February 3, 1857, by Judge Douglass, "it appear- ing that the conditions have been complied with."
The bonds issued were all copied in the Judge's Minute Book.
November 7, 1853, E. E. Downing entered into a contract with the County Judge to build the Court House for $7,000, and to have the same completed by the 1st day of July, 1855. Downing gave bonds in the sum of $14.000, with D. S. Brubacker, M. D. L. Webb, W. C. Stanberry and E. E. Evans as sure- ties for the faithful performance of his contract.
December 8, 1853, Judge Forsyth drew an order for $300, to pay E. E. Downing for the purpose of procuring materials for the erection of a Court House in Vinton.
January 25, 1854, Judge Forsyth paid Green & Brother $350, for interest in the county bonds.
July 27, 1854, warrant issued to E. E. Downing on Green & Brother for $300, to procure materials for Court House. August 12th. another for $8.06. for labor performed for the erection of Court House; and also another for $1.75. August 17th, $25.90; 21st, $40, for labor; same day, $6.92, for labor; same day, $4.15, $9.00. $4.62, $39. $6.16 and $10, for work on Court House.
Downing dug the trenches for the foundation, hauled some stone to the spot, and possibly commenced laying the foundation ; but it was found that his calls for money were disproportionate to the amount of work performed, and the County Judge very properly refused to advance any more money until more work should be accomplished. The result was that the contractor quit work when he found that he couldn't draw money faster than he earned it; and thus the matter rested until the election of Judge Douglass, the next year. the county authorities waiting for work to be done before it was paid for, and the contractor waiting for money to be paid before he performed the work.
356
HISTORY OF BENTON COUNTY.
SWAMP LAND AGENT.
March 9, 1853, it was deemed advisable to appoint a special agent to select swamp and overflowed lands in the county, under authority of the State law, Judge Forsyth appointed James Crow, Esq., as the Agent of the county for that purpose.
ANOTHER TAMA TOWNSHIP.
March 7, 1853 :
Be it remembered, That on the 7th day of March. A. D. 1853, it was ordered by the County Court in and for said county, that all that part of Tama County lying and being in the following regularly-surveyed Congressional township be and the same is hereby organized into a township for judicial purposes, by the name of Buckingham, to wit: Townships 85 and 86, Range 14, and Townships 85 and 86, Range 15. And the Court further appoints N. L. Osborne, John Connell and David Drew, Esqs., as Trustees for said township; and that the first election to be holden under this order shall be held on the first Monday in April. A. D. 1853, at the April election for said year, at the house of I. P. Wood, Esq .. and that the same shall be governed by the provisions of the statute of the State of Iowa.
At the quarterly settlement of the Judge, Clerk and Treasurer, for the quarter ending December 31, 1853, the receipts for the quarter were : Clerk, $2.80; Treasurer, $70.60; Judge, $8.65; total, $82.05.
At the September term of the District Court, September 13, 1853, James Wood, a subject of Queen Victoria, made application for naturalization-the first in the county. Mr. Wood came here in 1850, and established himself as a blacksmith-the first in Fremont. Soon after his naturalization, he was appointed Deputy Clerk of the Court, and relates the following incident to illustrate, he says, how much county officers knew at that time : "Mr. - over the river," says Mr. Wood, " owed me thirty-five cents for blacksmithing. He was elected Justice of the Peace, and came into court to be sworn. The Judge ordered the Clerk to administer the oath, whereupon I administered it as follows : 'You, -, do solemnly swear that you will perform the duties of Justice of the Peace to the best of your ability, you owe me thirty-five cents, so help you God ?'" Mr. Wood says he was not aware that he had done any- thing out of the regular course until the court, attorneys, jury and by-standers burst into a roar of laughter ; and " I didn't hear the last of that thirty-five cents for a long time." Mr. Wood was the first Mayor of Vinton, in 1869, and still resides here, highly esteemed and respected. He is well known throughout the State as the author of "Wood's Manual for Justices of the Peace."
THE FIRST NEWSPAPER.
January 10, 1855, the first number of the Vinton Eagle, the first newspaper in Benton County, was issued, by Frederick Lyman & Co., Stanley C. Foster being the " Co." It was edited by Mr. Lyman, and was Democratic in politics.
CUE TOWNSHIP.
The order for the organization of Cue Township is dated January 1, 1855, and directs the election to be held at the house of Benjamin Darnell, to whom the writ is issued. The election was held on the first Monday in April succeed- ing. May 23, Judge Forsyth notified Mr. Darnell that Township 83, Range 9, was attached to the newly organized township of Cue for election purposes.
At the organizing election, A. T. Wilkins and Amos Brown were chosen Justices ; W. Alspach and Henry Harrenden, Constables; D. B. Ramage,
357
HISTORY OF BENTON COUNTY.
Clerk ; James McQuinn, W. Alspach and James H. Fisk, Trustees ; B. Dar- nell, Road Supervisor ; A. T. Wilkins, Assessor.
The road fund received during the year was $89.13.
May 20, 1857, the Trustees of Cue and Le Roy Townships agreed that the county line road along the two townships should be apportioned, two miles to Cue and four miles to Le Roy.
October 4, 1858, Cue Township was divided into three Road Districts.
The name of the township was changed in 1862 to Florence.
A school house was built in District No. 1 in 1856 or 1857.
VOTE OF 1855.
It will be interesting to refer to the vote of Benton County in August. 1855, as preserved in the first volume of the Vinton Eagle. It was a Democratic victory according to the Eagle :
COUNTY JUDGE.
SHERIFF.
REC. AND TREAS.
SURVEYOR.
CORONER.
TOWNSHIPS.
S. Douglass.
M. P. Adams.
Scattering.
W. Remington.
W. T. Getty.
Scattering.
J. F. Filkins.
C. II. Johnson.
Scattering.
N. Colby.
A. B. Miller.
W. Whipple.
Scattering.
John Dine.
John Sells.
Scattering.
Cue ..
12
12
12
12
2
Iowa
16
4
20
20
9
11
1
5
8
Monroe
8
5
7
6
S
5
7
4
1
6
3
Cedar
25
13
25
12
25
12
3
13
20
23
Harrison
16
16
17
14
22
24
14
5
13
23
1
Polk
80
21
75
21
75
24
80
12
77
..
Benton
31
36
1
40
28
23
45
1
29
32
5
3
5
Canton
22
54
39
33
19
58
8
33
35
51
5
Taylor
134
112
144
86
4
159
87
72
88
64
109
10
Tota
336
282
1
385
205
4
367, 263
1
224 192 175
1
293
54
32
According to the table, there were 619 votes cast for County Judge at that election, which shows a rapid increase
QUARTERLY SETTLEMENT.
At quarterly settlement, January 1, 1855, the Treasurer had received, during the quarter, $135.20 ; the Clerk, $60.40, and the Judge, $7.65; total, $203.25.
LIQUOR AGENTS.
The last official act of Judge Forsyth was to appoint James C. Traer agent to sell intoxicating liquors in Vinton, and James A. Guthrie in Marysville, under the act of the General Assembly approved January 22, 1855.
THE WESTERN STAGE COMPANY
commenced running a daily line of four-horse coaches between Iowa City and Vinton about the 10th of January, 1856. This was considered as a grand step in the progress of this county at that time, and the Eagle began to agitate the question of a daily mail.
February 8, 1856, a railroad meeting was held in Vinton for the purpose of considering a communication from Delhi in relation to a railroad from Dubuque via Delhi, Delaware and Quasqueton to Vinton and westward. M. D. L. Webb was Chairman and J. C. Traer Secretary. John Shane, N. Bass and J. C.
D
3
0
6
5
4
8
2
8
2
..
3
Le Roy
..
..
. .
358
HISTORY OF BENTON COUNTY.
Traer were appointed to correspond with citizens of Dubuque and Delhi, and John Alexander, James Crow, Edwin Humphreyville, Russell Jones and John Filford were appointed to take a subscription for paying expenses of prelim- inary surveys or other matters necessary to secure the location of the road to Vinton.
At another meeting, held at Vinton in May, 1856, it was agreed to send J. C. Traer, John Coval and P. B. Culver to Dubuque to ascertain the prospect of securing an extension of the Dubuque & Southwestern Road through Ben- ton County. The Financial Committee was also instructed to raise funds for their expenses. The committee visited Dubuque as instructed, and received an offer from the company to build the road, provided the county would take $250,000 of stock in the company or loan its credit to that amount. Another meeting was held on the 24th, when it was resolved to petition Judge Douglass, asking him to submit to popular vote the question of empowering him to issue county bonds to the amount of $250,000, to be used as a loan of credit in behalf of the road. The petition was duly circulated, and, in June, the Judge made the order submitting the question to the people, and appointing July 19 as the date. The proposition was withdrawn before the date of election by the friends of the measure.
CHANGE OF COUNTY LINES AGITATED.
A meeting was held at Marengo, in Iowa County, March 21, 1856, for the purpose of securing a change in the boundaries of Benton, Iowa and Keokuk Counties. The project was to take the southern tier of townships from Benton and the northern tier from Keokuk, attach them to Iowa County, and then divide the latter into two new counties. The meeting resolved that those attending would stand united for this scheme, and that they would support no one for the Legislature who would not express himself unconditionally in favor of it. This scheme, like many others originating about that time, fell through, and the county lines remained unchanged.
The Presidential vote in Benton County in 1856 was as follows : Fremont. 568; Buchanan, 426; Fillmore, 133.
THE COURT HOUSE.
Soon after Judge Douglass assumed the control of county affairs, he became satisfied that Downing's contract to erect a Court House, made in 1853, was worthless, and that it was useless to expect a Court House under it. He therefore settled with Downey and annulled the contract. The records do not contain any entries in relation to the matter, but on the 5th of September. 1855. the County Judge published the following notice in the Vinton Eagle :
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