USA > Iowa > Black Hawk County > The history of Black Hawk 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 > Part 36
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March 16, 1853, Charles Mullan was appointed Justice of the Peace to fill a vacancy till the April election. June 30, a vacancy having occurred in the office of Justice of the Peace in and for the county of Black Hawk, by the removal from said county, of George W. Hanna, the Court appointed George W. Christy to serve till August, 1853.
By act approved Jan. 22, 1853, the counties of Dubuque, Delaware, Clay- ton, Allamakee, Winnesheik, Fayette, Buchanan, Black Hawk, Bremer, Chick- asaw and Howard were constituted the Second Judicial Circuit.
By act approved January 22, 1853, E. L. Adams, of Black Hawk, Daniel Preeley, of Buchanan, and H. D. Wood, of Delaware, were appointed to locate a State road from Cedar Falls, via Greeley settlement, and Richardson's Grove, in Buchanan, Turner's Mill, Eads' Grove and Dickson settlement to Buena Vista, in Clayton County.
E. A. Bunn, of Black Hawk, John Blunt, of Chickasaw, and W. C. Stan- berry, of Benton, were appointed to locate a State road from Fremont (Vinton), Benton County, to Waterloo; thence to John H. Messenger's, in Bremer County ; thence to Bradford, in Chickasaw County.
James Newell, Jesse Morgan and William Payne were appointed to locate a State road from Cedar Falls through Beaver and Gohen Groves, in Butler County, through Babas Grove, in Floyd County, thence to Clear Lake.
By joint resolution, January 22, 1853, the Legislature asked for a mail route from the county seat of Black Hawk County to Fort Dodge ; for extra line from Dubuque to Cedar Falls, in Black Hawk County, by a four horse coach three times a week.
The first store in Waterloo was opened by Nelson Fancher in 1853, in a log cabin near the present residence of G. R. Crittenden.
By the appointment of 1853, the counties of Fayette, Chickasaw, Butler, Bremer, Black Hawk, Grundy, Franklin, Cerro Gordo, Floyd, Howard, Mit- chell and Worth were constituted the third district, entitled to one represent- ative.
LOCATION OF THE COUNTY SEAT.
Section 1 of " An Act to locate the seat of justice of Black Hawk County," approved January 22, 1853, provided, " That A. J. Lowe, of Delaware County, S. S. McClure and Edward Brewer, of the County of Buchanan, be and they are hereby appointed Commissioners to locate and establish the seat of justice of Black Hawk County. Said Commissioners, or any two of them, shall meet at the house of E. D. Adams, in Black Hawk County, on the first Monday of May next, or within two months thereafter, as a majority of them may agree, in pursuance of their duties," etc. By the same act, the counties of Bremer,
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HISTORY OF BLACK HAWK COUNTY.
Grundy and Butler were attached to Black Hawk for judicial, election and revenue purposes.
On the 9th day of June, A. D. 1853, the Commissioners met at the house of E. D. Adams, in the village of Cedar Falls, and performed their duties under the law. The following report appears of record on the minute book of the County Judge of Buchanan County :
A Record of Commissioners' proceedings, locating the county seat of Black Hawk :
A. J. Lowe, S. S. McClure, Edward Brewer, Commissioners, sworn on the 6th day of June, 1853, before O. II. P. Roszell, County Judge of Buchanan. We, the undersigned Commissioners, appointed by an act of the Legislature of the State of Iowa, approved Jan. 22, 1853, to locate and establish the county seat of Black Hawk County, would respectfully report that, after com- plying with the requisitions of the law in relation thereto, we met at the place specified, and within the time required by said act, and proceeded to examine said county, and on mature deliberation, after said examination, have selected certain lots, hereinafter designated, in the village of Cedar Falls, in said county of Black Hawk, which said lots are now deeded by the proprietors of said village to the county, and are described as follows : Lots 2 and 3, in Block 4; Lots 1, 2, 3 and 4, in Block 15 ; Lots 6 and 7, in Block 11; Lots 6 and 7, in Block 12; Lots 6 and 7, in Block 13; Lots 6 and 7, in block 23; Lots 6 and 7, in Block 24; Lots 2 and 7, in Block 33; Lots 3, 6 and 7, in Block 34 ; Lots 3 and 6, in Block 35; Lots 3 and 7, in Block 32 ; Lots 2 and 3, in Block 25; Lots 2 and 3, in Block 22; Lots 2 and 3, in Block 36; Lots 6 and 7, in Block 37; Lots 6 and 7, in Block 38; Lots 3 and 6, in Block 30; Lots 3 and 6, in Block 29; Lots 3 and 6, in Block 28; Lots 3 and 6, in Block 27; Lots 3 and 6, in Block 31 ; Lots 2 and 7, in Block 26; Lots 2 and 7, in Block 19; Lot 2, in Block 14 in the village of Cedar Falls, in Black Hawk County, Iowa ; also Lots 1, 2 and 10, in Block 4; and Lots 3, 4 and 5, in Block 3, in Dean and Garrison's addition to the said village of Cedar Falls, in Black Hawk County, Iowa, and designate the said lots collectively by the name of Cedar Falls, county seat of Black Hawk County.
Signed, A. J. LOWE, S. S. MCCLURE, EDWARD BREWER.
Commissioners.
ORGANIZATION OF THE COUNTY.
The county seat having been authoritatively located, the people of the county began to think about organization, and justly considered themselves capable of running county machinery of their own. The following entry on the records of Buchanan County, made Jan. 30, 1853, indicates that a petition was circulated for an organizing election very soon after the location of the county seat.
A majority of the legal voters of Black Hawk County having petitioned for the calling of an election in said county. for the election of county officers, it is thereupon ordered that an elec- tion be held in said county on the first Monday in August next, for the election of county officers in and for said county, to wit : A County Judge, Sheriff, Clerk of District Court, Recorder and County Surveyor, for the term of two years from that date, as the law provides; also a Prosecut- ing Attorney, for the term of one year ; and a School Fund Commissioner, and a Drainage Com- missioner, to hold their respective offices until the first Monday in April, 1853 [4 ?].
The first election was unquestionably held as ordered above, but the poll books and tally lists are not to be found. They were returned to the County Judge of Buchanan County, and by him turned over, with other documents, to the county authorities of Black Hawk after the election, as appears of record, but they are not accessible. It would be interesting to know the names of the persons who organized this county a quarter of a century ago.
At that first election, however, held on the first Monday in August, 1853, the following officers were elected, viz .: County Judge, Jonathan R. Pratt ; Treasurer and Recorder, Aaron Dow ; Clerk of the District Court, John H. Brooks; Prosecuting Attorney, William L. Christie; Sheriff, John Virden : School Fund Commissioner, H. H. Fowler; Drainage Commissioner, Norman Jackson ; Coroner, Edmund Butterfield; County Surveyor, Charles Mullan.
It is said that there was no person in the county at that time authorized to administer the oath of office to the new county officers ; consequently, on the
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HISTORY OF BLACK HAWK COUNTY.
9th day of August, Mr. Pratt, County Judge elect, went to Independence, where the oath of office was duly administered to him by the County Judge of Buchanan County, O. H. P. Roszell.
The first recorded act of the first County Court of Black Hawk County was the administering of the oath of office to the other county officers elect, on the 17th day of August, on which day all their official bonds were filed and approved, and they entered upon the discharge of their official duties. Black Hawk County was now completely organized, with a government of its own.
July 4, 1853, was celebrated by the people of the county at Waterloo. A brush tent or arbor was erected on the bank of the river, above Mill Square. The Declaration of Independence was read ; speeches made by John Virden, John H. Brooks and others ; a picnic dinner by the assembled multitude ; after which, the usual patriotic toasts were read and appropriate responses made.
The first tax levy was made by Judge Pratt, August 28, 1853, when the Court
Ordered, That a tax of six mills on the dollar be levied, for county purposes, including the sup- port of the poor, and with a poll tax of fifty cents on all able-bodied men not over fifty years of age ; and for the support of schools, one and one-half mills on the dollar; one mill on a dollar for road purposes ; one and a quarter mills on the dollar for State purposes-making a total of eight and three-fourths mills on the dollar.
The total amount of taxable property at that time, including the " unseated " land, and also including the other counties attached to Black Hawk for revenue purposes, was $91,608.58.
Amount of county tax. $642 92
Whole amount of State tax. 110 27
Whole amount of road tax 80 11
Whole amount of school tax 39 78
Total $873 08
The first marriage after the organization of the county was that of Henry Clark and Sarah Winset. Mr. Clark had considerable difficulty in obtaining the requisite license. He came up to Waterloo, forded the river, found the Clerk of the Court, John H. Brooks, who informed the anxious young man that the County Judge was the proper authority to issue marriage licenses. Judge Pratt lived at Cedar City, but he, said the sympathizing Brooks, was absent from home, and it was very doubtful whether the necessary papers were acces- sible. At the earnest solicitation of Mr. Clark, Mr. Brooks accompanied him to Cedar City, when they found that Judge Pratt was not only away from home, but that his trunk was locked. Inside that trunk was the paper Clark wanted. The Clerk was equal to the emergency, however; with a knife for a screw- driver he soon removed the lock, found the necessary paper, which he made out and delivered to Clark on the 27th day of September, 1853. On the 29th, the couple were joined in matrimony, at Spring Creek, Rev. C. N. Moberly officiating on the happy occasion.
CITIES AND TOWNS.
Cedar Falls, located on Sections 8 and 9, Town 89, Range 14, John M. Overman, Phebe J. Overman, William P. Overman, Harriet C. Overman, Demcy C. Overman and Edwin Brown, proprietors. Acknowledged April 12, 1853, and ordered to be recorded, by O. H. P. Roszell, County Judge of Buchanan County, April 26, 1853. Twenty-five additions have been made to the original plat.
Waterloo, located on Sections 23, 24, 25 and 26, Town 89, Range 13. Plat filed for record June 24, 1854. Surveyed and platted by Charles Mullan,
325
HISTORY OF BLACK HAWK COUNTY.
County Surveyor. George W. Hanna, Mary Hanna, Lewis Hallock, Lady A. Hallock, Charles Mullan and America Mullen, John H. Brooks, Lucinda Brooks, proprietors on west side, and Jonathan R. Pratt, James Virden, Char- lotte Virden, B. M. Cooley on both sides. Their several acknowledgments were made, the first in December, 1853. Twenty-six additions have been made to the original plat.
Gilbertsville, located on Sections 23, 22 and west half, northeast quarter Section 27, Town 88, Range 12. Surveyed and platted by John W. Holmes, July 2, 1856. John Chambaud and John Felton, proprietors.
Ottawa, located on north half of southwest quarter of Section 25, Town 87, Range 12. John Dees and Nancy Dees, proprietors. Surveyed by Joseph Owen. Acknowledged November 6, 1854. Filed for record November 6, 1854.
Barclay, located on northwest quarter Section 13, Town 89, Range 11. Surveyed by D. A. Sovereign, August 8, 1854. James Barclay, Lucinda Bar- clay, proprietors. Filed for record April 7, 1855.
Janesville, located on the northwest of northeast of Section 2, Town 90, Range 14. Surveyed July 24, 1855, by George W. Miller. Mary Ann Fair- brother and Hiram Fairbrother, proprietors. Filed for record January 12, 1856.
Brooklin, located in Black Hawk and Benton Counties. Surveyed April 3, 1856, by Newell Colby, County Surveyor of Benton County. H. N. Brooks, proprietor. Filed for record June 22, 1860.
Cedar City, located on south half of Section 6, Town 89, Range 13. Sur- veyed by George W. Miller, County Surveyor. William M. Dean and Sarah Dean, proprietors. Filed for record May 16, 1856.
Hudson, located on west half of Section 26, Town 88, Range 14. Surveyed June 15, 1857, by William L. Miller, Deputy County Surveyor. John L. Alline, Mary Alline and Asaph Sergeant, proprietors. Filed for record June 24, 1857.
La Porte City, on south half of Section 25, Town 87, Range 12. Surveyed by Wesley Whipple, Surveyor, January 5, 1855. Jesse Wasson, Junia Wasson, W. Catlin and Rozella Catlin, propritors. Filed for record July 16, 1855. At least twelve additions have been made to the original plat.
Warren, located on southeast quarter Section 16, Town 87, Range 11 (Spring Creek). Surveyed October 11, 1855, by George W. Miller, County Surveyor. Warren Rankins, Eliza J. Rankins, proprietors. Filed October 15, 1855. Fees not paid and never recorded. Good crops are raised on the site of this town.
Raymond, located on Sections 2 and 3, Town 88, Range 12, was surveyed by John Ball, County Surveyor, April 11, 1866. Edward E. McStay, pro- prietor. Filed for record June 14, 1867.
Finchiford, located on Section 7, Town 90, Range 14. Surveyed, June, 1869, by Edwin Rodenberger, County Surveyor. Lewis Goings, Elizabeth Goings, proprietors. Filed for record June 11, 1872.
Florence City, was the high-sounding name of a town laid out on Section 35, Town 87, Range 11, on Cedar River, March 5, 1855. The plat of the town was presented to the County Court for approval, with a petition asking that it might be recorded, but the Judge refused to order it recorded on account of alleged informalities.
October 3, 1853. Ordered by Judge Pratt, that the County Court sessions be held at the office of L. D. C. Maggart, in the village of Cedar Falls.
326
HISTORY OF BLACK HAWK COUNTY.
FERRIES.
The Red Cedar is a shallow stream, easily and safely forded in many places in ordinary stages of water; but something more was necessary ; bridges were out of the question at that time, and a ferry appeared to be one of the essential wants of the little community ; and an enterprising settler was ready to supply it, as appears from the following entry in the County Court records of October 12, 1853:
Now, to wit, this day, Samuel L. May makes application for a license to erect and keep a ferry at Waterloo, across Cedar River at said place, and on proof that the legal notice has been given, by posting up as the law directs ; and, also, the said applicant having filed the bonds required by law in a penalty of $200 and bonds being approved by the court, whereupon the court grant to said Samuel L. May the exclusive right to keep and run a ferry boat or boats on the Cedar River, at Waterloo, and this privilege to extend one mile each way, up and down the river from Waterloo, for ten years from this date, if so long the applicant shall attend and cause to be kept in good order, and in all respects comply with the requirements of the law in regard to ferries, and the court prescribe the following rates of toll to be charged, and no greater, to wit : For each footman, 5 cents ; man and horse, 15 cents ; one horse and buggy, 20 cents ; two horses and wagon, 25 cents ; two horses and carriage, 25 cents ; four horses and wagon, 50 cents : two yokes of oxen and wagon, 50 cents ; neat cattle, per head, 10 cents ; horses, per head, 10 cents ; sheep, per head, 3 cents ; hogs, per head, 3 cents. The said May is to ferry free of charge all persons going to or returning from meetings on the Sabbath, and all voters going to or returning from elections held at Waterloo. J. R. PRATT, County Judge.
Mr. May established his ferry at a point a little above the present dam.
April 3, 1855, the County Court granted a license to Benoni H. Butter- field to run a ferry across Cedar River from Tenth street, Waterloo (just below the Court House). This franchise extended a mile down the river. On the 23d day of August, of the same year, Mr. Butterfield sold his license to Lewis Hal- lock, for $700.
June 5, 1855, a license was granted to Benjamin Barnes to run a ferry across the Cedar River, at or near Section 29, Town 87, Range 11.
In 1857, Messrs. Lake & Bullock established a steam ferry above the dam at Waterloo, and operated it for a short time; but the boat was unwieldy, ran over the dam two or three times, and finally laid itself upside down near the livery stable, on the bank of the river, which terminated the experiment.
August 8, 1854, the County Court granted a license to J. R. Cameron to run a ferry across Cedar River opposite the village of Cedar Falls.
SALE OF COUNTY LOTS IN CEDAR FALLS.
November 22, 1853, Judge Pratt ordered that the fifty-six lots in the village of Cedar Falls, donated to the county by the people of that town, "be offered for sale at public vendue on the 24th day of December next, for the purpose of raising a fund to erect a building for county offices ; thirty days' notice to be given of the sale, by posting up notices."
On the day appointed, December 24, 1853, eleven lots were sold as follows :
To John Melrose, Lot No. 2, Block 4, for. $17 00 paid. +
To John Hartman, Lot No. 3, Block 4, for 19 00 paid.
To Lewis Hallick, Lot No. I, Block 15, for 38 00 paid $24 60
To W. Claton, Lot No. 2, Block 15, for. 21 00 paid. To J. A. Dunham, Lot No. 3. Block 15, for 14 00 paid.
To John R. Cameron, Lot No. 4, Block 15. for. 10 50 paid.
To John T. Barrick, Lot No. 6, Block II, for 9 00 paid.
To John R. Cameron, Lot No. 7, Block 11, for 9 75 paid.
To L. Barrick, Lot No. 2, Block 19, for. 20 00 paid.
To L. D. C. Maggart, Lot No. 7, Block 19, for 16 00 paid.
To Henry Melin, Lot No. 3, Block 28, for › 00 paid.
$183 25
March 4, 1854, sold to E. D. Adams six lots for
60 00
Total $243 25
327
HISTORY OF BLACK HAWK COUNTY.
January 2, 1854, the Court appointed William L. Christy " Agent, for the purpose of examining and selecting the overflowed and swamp lands in the county of Black Hawk, and State of Iowa, and report to this office by the first day of March next."
January 1, 1854, by order of the County Court, C. F. Jaquith was paid $15.33 for rent of a room for use of the county.
WASHINGTON TOWNSHIP.
Among the earlier and more important duties devolving upon the County Judge was that of carving the county into civil townships; and this has been done in some cases without regard to Congressional township lines. The creation of these townships constitutes one of the more interesting portions of the history of the county, and the transcript from the records will be new to many of the residents of the county who settled here after the civil divisions were made.
First among these was the following : On petition of Benjamin Knapp and others, the County Court made the following:
It is Ordered, That the inhabitants of Congressional Township 90 north of Range 14 west, be organized as a township of Black Hawk County, under the name of Washington. * *
And it is further Ordered, That the first township election in the town of Washington be held on the first Monday of April next, at the house of Delos Jordan in said township, and that the following town officers be then and there elected, to wit .: Three Trustees, one Town Clerk, two Constables, two Justices of the Peace, one Assessor and one Supervisor of Roads, and that an order be issued to Benjamin Knapp, of said town, for such election, and that Benjamin Knapp, Chris- topher Wilson and John Knapp are appointed Judges of Election.
It is also Ordered, That the Congressional Township 90 north, Range 13 west, be attached to and be a part of the township of Washington for revenue, election and judicial purposes, with all privileges of the citizens of Washington Township. J. R. PRATT, County Judye.
Feb. 6, 1854.
At the first election in the township, on the first Monday in April, 1856, John Wallin Hitchcock, James Newell and Valorus Thomas were elected Trustees ; E. G. Young, Clerk ; John Knapp and J. Ackerson, Justices of the Peace; W. J. Sherman and Elijah Eggers, Constables.
The first settlers in this township were James Newell and Elbridge G. Young.
A school was taught by William Dean in James Newell's house, in the Winter of 1850-51.
CEDAR FALLS TOWNSHIP.
On petition of John R. Cameron and others, it was
Ordered, That the inhabitants of said township (89-14) be organized as a township of the county of Black Hawk, by the name of CEDAR FALLS ; and
It is further Ordered, That the first election thereof be held on the first Monday of April next, at the house of Andrew Mullarky, and that John R. Cameron, Henry Mellin and Luther L. Pease be Judges of said election.
Feb. 6, 1854.
J. R. PRATT, County Judge.
At the election on the first Monday in April following, Henry Mellin and George Philpot were elected Justices of the Peace ; Elias Overman, Andrew Mullarky and C. F. Jaquith, Trustees ; E. D. Adams, Clerk ; J. R. Cameron, Assessor ; J. W. Maggart and T. M. Taylor, Constables.
WATERLOO TOWNSHIP.
February 7, 1864, the petition of Edward Butterfield and other citizens in Congressional Township No. 89 north, Range 13 west, praying for it to be made into a civil township, was presented and the following order passed :
It is Ordered, That the inhabitants of said Congressional Township be organized as a town- ship of the county of Black Hawk, under the name of Waterloo; and
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HISTORY OF BLACK HAWK COUNTY.
It is further Ordered, That the first town election in the township of Waterloo be held on the first Monday of April next after the date hereof, at the school house in the village of Water- loo, in said township, and that the following township officers be then and there elected, to wit : Three Trustees, one Clerk, two Constables, two Justices of the Peace, one Assessor, one Super- visor of Roads, and such other County and State officers as are to be elected at the next April election, and that a warrant be issued to James Virden, for such election of said Township, and that James Virden, H. N. Ayers and Samuel L. May be Judges of said election.
Order dated Feb. 7, 1854.
JOHN H. BROOKS, Clerk.
And it is further Ordered, That two tiers of sections on the north side of Township 88, Range 12, be attached to the township of Waterloo, for election, judicial and revenue purposes.
J. R. PRATT, County Judge.
At the election ordered above, Morrison Bailey and Charles Mullan were elected Justices of the Peace ; John L. Kirkpatrick, Martin Bailey and H. N. Ayers, Trustees ; C. W. Buffum, Clerk ; John Melrose, Assessor.
The first settler was George W. Hanna, in 1845, followed by James Virden and Charles Mullan. in 1846.
HELENA TOWNSHIP.
February 7, 1854, Helena was organized by the following order :
It is Ordered, That the inhabitants of Congressional Township 89 north, Range 12 west, be organized as a township of said county by the name of Helena, under the laws of this State ; and that said town be attached to the town of Waterloo for all election, judicial and revenue pur- poses ; Provided, That the inhabitants thereof shall be allowed to vote for the town officers of said town of Waterloo.
It is also Ordered, That the Congressional Towns 89 north, Range 11 west ; 88 north, Ranges 13 and 14 west, and two miles off the north side of Town 88 in Range 12 west, be attached to Waterloo.
February 7, on petition of N. S. Jackson and others, Township 88 north, Ranges 13 and 14 west, was attached to Waterloo for election and judicial pur- poses.
This township was never organized.
LESTER TOWNSHIP.
On petition of A. S. McDowell and others, the following order was passed :
It is Ordered, That the inhabitants of Congressional Towns 89 and 90 north in Range 11 west, and Town 90 north in Range 12 west, be organized into a township by the name of Lester, and that the first election for said township be held at the house of A. S. McDowell, * * * * and that A. S. McDowell, E. S. Wheeler and J. R. Owens be Judges of said election.
J. R. PRATT, County Judge.
At the election so ordered, Alonzo W. Barber, Thomas Wilson and E. S. Wheeler were elected Trustees : E. S. Wheeler, Clerk ; Jonathan R. Owens and James Barkley, Justices of the Peace.
PRECINCT NO. 1-(MILLER'S CREEK TOWNSHIP.)
Beside creating townships, the County Court exercised its authority and ingenuity in the creation of election precincts, composed of several Congres- sional townships and parts of townships. February 7, 1854, the Court
Ordered, That the inhabitants of the following Congressional towns, viz .: 87 north of Range 14, 87 north of Range 13; and all that part of Congressional townships, viz .: 87 north of Range 12 and 87 north of Range 11. lying west of the Cedar River ; and all that part of Congressional Town 88 north of Range 12 lying west of the Cedar River and south of a line running through said town from the Cedar River to the west boundary thereof, and on the south line of Section 7, be organized as an election precinct of the county of Black Hawk. under the name of Precinct No. 1; and that the first election thereof be held on the first Monday of April next after the date hereof, at the house of John G. Forbes, in said precinct * * * And that * John G. Forbes, O. H. Hayden and J. R. Points be the Judges of said Election.
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