USA > Iowa > Cedar County > The history of Cedar 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, portraits of early settlers and prominent men > Part 39
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"During the Summer of 1840, the Rochester people prepared and circulated a petition, which was presented to the Legislature at the session following, ask- ing for the passage of a law to enable the people to vote upon the question of re-loeating the county seat. The friends of Tipton were equal to the emergency and prepared and eireulated a remonstranee against any change, or the passage of any law looking to a change. Both documents were industriously eireulated, and the canvass was so thorough that in a short time the name of every legal voter in the county was enrolled on one side or the other, with but little differ- ence in numbers. It is said there were eight more names on the petition than on the remonstranee, thus showing that Rochester really had a majority of eight. This majority, however, was overcome by the names of fifteen Seotehmen and one Englishman, of Red Oak, that were secured to a duplicate remonstrance of the same tenor as the original, to which was added the written statement that they were not legal voters by reason of foreign birth, but that they were bona fide settlers, on registered claims and that they had duly and legally declared their intentions to become naturalized citizens. The names of these sixteen men were John Ferguson, John Safley, Robert Dallas, Charles Dallas, Samuel Yule, John Chappel, William Coutts, Alexander Coutts, Robert Perie, Sr., Robert Perie, Jr., John Leith, John Garrow, Peter Garrow, Dunean McNee, Daniel McNce and John Goodrich."*
The contest was a spirited one and the excitement ran high. The interest was so intense that for a time it was feared the angry and passionate discussions, criminations and reeriminations would end in bloodshed, but, fortunately, the decision of the question was not with the people, but with the Territorial Legis- lature. Before the meeting of that body, the feeling gradually cooled off, and, by taeit, if not mutual agreement, hostilities were suspended until the Legisla- ture should meet and pass upon the prayers of the petitioners and remonstrants.
Deeeniber 8, 1840. the respective papers were presented to the Legislature at Burlington. William Green, Stephen Toney and Nelson Hastings were present as delegates, or lobby members, from Rochester and spared no efforts to press their elaims upon the attention of the territorial law-makers.
Samuel P. Higginson, single-handed and alone, represented Tipton. Says Judge Tuthill : " The free, jovial and open-hearted sea-captain was something new and attractive to many of the members, who, for the first time fell in with a real salt-water sailor. Whatever might have been the cause, whether the remonstranee had sufficient intrinsic merit in itself, or whether the captain's advo- cacy carried with it unusual weight and power, the result was the success of Tipton.
* These names were gathered with much difficulty and research by Judge Tuthill.
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HISTORY OF CEDAR COUNTY.
" The petition and remonstrance were referred to a Select Committee of the House, of which Herman Van Antwerp, the friend of Rochester, was Chairman, and a bill was introduced by him in accordance with the prayer of the petition- ers, which, being read a first and second time, and the question then being put upon a third reading, was voted down by the decisive vote of seven yeas to nineteen nays, and the bill was consequently lost. This disposed of the ques- tion until another session of the Legislature.
Thus far the victory had always been on the side of Tipton or the geographi- cal center, and the result inspired Higginson and his friends with renewed vigor and energy. Improvements and population at the new county seat kept steadily increasing. Town lots were being sold and new buildings erected. Each recur- ring month added to its numerical strength, and during the Summer of 1841, the County Commissioners entered into a contract with John Finch for the erection of a Court House * 36x42 feet, to be built in the center of the public square. Tipton was jubilant.
Beaten, but not discouraged-defeated, but not conquered, the Rochesterites determined to continue the war, and proposed that the next battle should be before the people and at the ballot box. They maintained that inasmuch as all county seat changes were determined by the Legislature, it was necessary in order to win success, to secure power and influence in that body by the elec- tion of members of the Council and House who were friendly to their interests, and with this object in view they brought all their energies to bear upon the choice of representative law makers. The first grand step was the election of a member of the House from Cedar County whom they could trust -- a man known to be on the side of Rochester, and in whom there " was neither vari- ableness or shadow of turning." This was a strategic movement and one that required consummate skill and sagacity to execute witli success. The election district at that date was composed of three counties-Cedar, Linn and Jones. The district was entitled to one Councilman and two members of the House ; and as the counties voted by general ticket, there was a possibility that a mem- ber might be elected who would be adverse to the Rochester interests, even if they had a majority in Cedar County. To add further difficulty to the issue, neither one of the two political parties-Whig and Democratic-had a sufficient majority in the district to ensure certainty of success to either party, for a nomi- nation in those days was not equivalent to an election, as has been the case in later years. Cedar and Linn Counties were both Democratie by small majori- ties. from twenty-five to fifty votes each, while Jones was elaimed for the Whigs by about the same majority. Additional complications were suggested, in the fact that the greater part of the Whigs in Cedar County lived South of Rochester, and, in consequence, had a community of interests with those who were fighting for the county seat at that village. The Democrats lived in the north and east- ern parts of the county, and were, therefore, identified with the Tipton interests.
The Democrats were the first to enter the political arcna. A meeting was called to assemble at Tipton to choose delegates to a District Convention to be held at Gilbert's in Linn County, at which meeting sixteen delegates were chosen, all of whom were known to be friendly to Tipton. This was an import- ant movement, as the delegates from their respective counties were usually allowed, and rightfully too, to select their own candidates for Representatives or members of the House.
* That Court House served until the erection and completion of the present brick structure, when it was removed to the west side of Cedar street, and between Fourth and Fifth streets. The upper part of it is now occupied by the Conservative printing office, and the lower part by the millinery establishment of Mrs. Rodabush, and the grocery estab- lishment of M. J. Cosman.
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HISTORY OF CEDAR COUNTY.
Rochester entered an earnest protest against the proceedings of this eounty eaueus, alleging it was ealled without authority, that no notice of the meeting or its purpose, had been given exeept to the friends of Tipton. The Democratic Executive Committee of the county, of which Joseph Crane, a friend of Roeh- ester, was Chairman, entirely ignored the proceedings of the meeting, and issued a call for another eaucus at Rochester, giving due publieity to the eall. But even at that meeting the Rochester people were again defeated in their hopes and purposes. On the day of the meeting, the people from the northern and eastern parts of the county " eame down like a wolf on the fold," invaded that quiet, but aspiring river town in solid columns and overwhelming numbers. They organized the meeting and ratified all that had been done at the Tipton meeting and earried everything their own way.
The District Convention met at Gilbert's on the 17th day of June, 1841, and one of the Cedar County delegates failing to put in an appearance, his place was filled by the appointment of Joseph Crane, of Roeliester. The Tipton men presented the name of Harvey G. Whitloek as their candidate for member of the House of Representatives, and Mr. Crane presented the name of Herman Van Antwerp as a candidate for the same position. Of the further proceedings of the convention Mr. Crane gave the following graphic aecount :
Whitloek was ealled on for a speech and, of course, a pledge. Mr. Whitloek responded by saying that he was not prepared to make a speech, but if any person present had any questions to ask, he would be happy to answer them. " I arose and asked him," said Crane, "if he had ever been a Mormon preaeher ?" This question appeared to take every one by surprise. Whit- loek made no answer, and seemed thunderstruck. There was an awkward suspense for a few moments when old Jo. Leverich broke the silenee by crying "Out of order! Out of order!" The vote was then taken, and on the first ballot Van Antwerpt was nominated-Linn and Jones going in a body for him. The Cedar County delegation, with Bissell at their head, withdrew in indignation, and it soon became known, says Judge Tuthill, that the Democratic party in " old Cedar" was pretty well demoralized.
The Whigs, as was to be expected, quickly availed themselves of the demoralized condition of the Demoerats, and a primary meeting was ealled at Tipton to appoint delegates to a District Con- vention, which was to meet at Goudy's, in Linn County. To avoid the trouble that befell the Demoerats, the delegates were divided equally between Tipton and Rochester. When the Dis- trict Convention met, the Rochester delegates presented the name of James W. Tallman, and the Tipton delegates named the county seat war horse and sea dog, Samuel P. Higginson, as their respective candidates for Representative. The delegates from Linn and Jones were assured that the Tipton Democrats had. pledged themselves to support the Whig candidate, as he could be relied on to sustain Tipton as the county seat. A decision was quickly reached, and Capt. Hig- ginson was nominated for Representative on the first ballot. Their standard bearers thus duly chosen, the antagonistic forces of Cedar County prepared for an active and vigorous campaign.
The August eleetion, 1841, is admitted to have been the most exeiting one ever held in the county. One candidate represented Tipton, and the other one represented Rochester. The politieal predilections of the two candidates were entirely ignored. It was Tipton against Rochester-that was the only issne. The friends of Tipton did not stop, when they went to the polls, to inquire whether Higginson was Whig or Demoerat. All they asked to know was " Is he for Tipton ?" So with the Rochester candidate, " Is he for Rochester ?" This question being settled satisfactorily, the voter east his ballot accordingly, and then set to work to "eleetioneer " among the doubtful. The result was not long in doubt. Higginson was elected by about thirty majority, and Rochester was again vanquished and the question believed to be definitely settled. For a time, all appreliensions of a removal of the county seat seemed to be quieted, and a new impetus was given to the growth of Tipton.
In 1842, another eontest eame up, and was conducted with a good deal of spirit, but the energetie spirit that characterized the campaign of 1841 was
347
HISTORY OF CEDAR COUNTY.
absent, the contest being more from the force of circumstances than a premed- itated movement.
It is remembered that, when the Democrats were united, they had a very handsome majority in the county, but divided, from any cause, the Whigs always managed to carry off the victory. William R. Rankin, jocularly called "Teddy " Rankin, was an aspiring young lawyer, and attempted to harmonize the sectional differences that had grown out of the county seat war, and to unite them on the election of a Councilman, to be chosen that year. Rankin, as the reader has already suspected, was a candidate, and the most prominent one named. It is said that, in his zeal to secure the nomination and election, he gave assurances to the Rochester Democrats that if elected he would not con- sider himself pledged to Tipton, but would act in consonance with the wishes of the majority of his constituents.
A caucus meeting was held at Antwerp to appoint delegates to the District Convention. Rankin and a large number of his friends attended, and secured a majority of the delegates. The District Convention was held at Gilbert's, and, at Rankin's suggestion, it was resolved that the Councilman to be nomi- nated should be chosen from Cedar County, while the two members for the House should be nominated from Linn and Jones Counties. This was pretty sharp practice on the part of Rankin, and was evidently intended to insure his nomination beyond the peradventure of a doubt.
O. C. Ward, of Cedar County, was also a candidate for Councilman, and, chafed at being outgeneraled by Rankin, he determined upon and put in force a counter movement. On his motion, it was resolved that, as the Councilman was the actual representative of the three counties, and each county having an equal interest in his election, the nomination should be made by their combined action and mutual consent. Van Antwerp was then put in nomination and became the nominee, thus destroying the hopes of Rankin and blasting his chances for Councilmanic honors and political preferment.
Van Antwerp was the avowed champion of Rochester, and his nomination awakened the old sectional feeling of the Tipton people, and the Whigs presented John P. Cook as their candidate and the friend of Tipton. All the old spirit of rivalry was at once awakened, and a determined fight was again waged between the friends of the two villages-Tipton and Rochester. The result was tlie election of Cook, and thus the victory was again declared to be with Tipton. With that election, the county seat war ended.
Among the various features and incidents of local interest during the county seat controversy were the songs written and sung by the two parties. The per- sonal and local " hits" contained in them were generally taken in good part by both sides, and, doubtless, gave them a popularity to which they were not entitled as literary productions. The first one of these songs was written and sung by John P. Cook, Tipton's poet and vocalist. It was first sung by the author at a Christmas ball and supper, given at Tipton, on the night of the 25th of December, 1840, in honor of Tipton's first victory. It was entitled
THE CEDAR COUNTY SEAT. AIR-" The Tall Young Oysterman."
Billy Green he went to Burlington, and so did Stephen Toney ;
They both rode white horses, and Hastings rode the pony. When they arrived at Harrison's, they put them in the stable, And then they paddled off on foot, as fast as they were able.
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HISTORY OF CEDAR COUNTY.
When they arrived at Burkhart's house 'twas 12 o'clock at night, They called for some refreshments, but couldn't get a bite ; They swore they wouldn't go again, whatever might betide, And Green was taken with a fit, which lasted till he cried.
The object of their journey was anything but mete, For they traveled down to Burlington to move the county seat, And there the greatest fun took place that ever yet was seen, And all the Legislature laughed at silly Billy Green.
Billy Green said the Tipton folks would ruin all the nation, By moving off the county seat from Cedar navigation -- That the people of the center had surely all gone mad, To treat the friends of Rochester so plagued mean and bad.
He told our worthy Councilman he was held in much esteem, And that he must pull in harness with the Cedar County team ; It's true they pulled together, and made up quite a race, But the off horse was balky, and the leader broke a trace.
When they lost their cause at Burlington, they felt so very blue, They cursed the Legislature, and swore it wouldn't do ; Said Green, " My dearest Toney, we'll now put out for Cedar, And fight them for the county seat, and whip their bully leader."
And now, hurrah, my Tipton boys ! let's have a Christmas spree ; A cheer for every Tipton man, and for Tipton, three times three ; We'll rally round the Center, boys, with all our strength and might, And celebrate our victory, achieved without a fight.
These lines were received with great applause by the Tipton people, and were considered so appropriate to the occasion and the circumstances that they were committed to memory and sung by every man, woman and child friendly to Tipton, just as fast as they could learn the tune. But Rochester had a poet -Joseph Crane, a Justice of the Peace-and, determined not to be over- shadowed by Tipton's poet and songster, he set his machine in motion and ground out on the fly-leaf of his docket (it is said) the following, which is still preserved on the sheet of paper on which it was first written, and which is in possession of Judge Tuthill. It was sung to the tune of "John Ander- son, my Jo John," and was entitled
JOHN P. COOK.
0, John P. Cook, my Jo John, you've sung in merry strains, Of Hastings and of Toney, John, and also of the Cranes; You've sung of Billy Green, John, and if you'll now give ear I'll sing a song of Tipton, John-a song you'll hate to hear.
O, John P. Cook, my Jo John. when Nature first began To try her cunning hands, John, her master work was man ; But you among them all, John, odd Nature did not know ; You're the work of Nature's 'prentice boy, O, John P. Cook, my Jo.
0, John P. Cook, my Jo John, your Tipton is a hoax, Its citizens made up, John, of many funny folks ; Your Commissioners and your Jennings, John, both fight with toe to toe, Like the famous old Kilkenny cats, O John P. Cook, my Jo.
O John P. Cook, my Jo John, your Captain is the man Who fought with Jo K. Snyder, John, and was legged by Sancho Pan ; But the Captain, ne'er affrighted, Jolin, did scratch and bite and blow, Till he scared poor Sancho Panza Pan, O John P. Cook, my Jo.
O John P. Cook, my Jo John, your Snyder is a " hoss," He's everything that's nice, John, and of Tipton's he the "boss ; " On Sabbath days he's pious, John, as all the people know, For he'll preach the Gospel in the church, O John P. Cook, my Jo.
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HISTORY OF CEDAR COUNTY.
O John P. Cook, my Jo John, your jail and court house, too, Are nought but castles in the air, as Sancho Panza knew ; So he left the whole caboodle, Jolin, to the care of righteous Jo ; And the Devil was the architect, O John P. Cook, my Jo.
O John P. Cook, my Jo Jolin, your jail logs have stepped out, And so the Devil is blamed, John, for what Jo brought about ; Now the Devil is your friend, John, as you full well do know, For he dearly loves the Tipton folks, and John P. Cook, my Jo.
0, John P. Cook, my Jo John, and Billy Miller, too, Your county seat must move, John, in spite of all you'll do ; For the people will be heard, Jolin, or to fighting they will go, As their fathers did, in seventy-six, with Johnny Bull, my Jo.
0, John P. Cook, my. Jo John, your Commissioners are two, And they are Tipton " to the hub," in everything they do ; So, firebrands and death, John, they scatter to the foe, And love and mercy to the friends of Jolin P. Cook, my Jo.
0, John P. Cook, my Jo John, your bully Finch came down To get his grinding done, John, in the suburbs of our town ; But he couldn't hold his "clack," John, and old " Billy," never slow, Just tanned the dog hide, ere he left, of John Finch, my Jo.
The people they have spoken, John, attention to them pay, Or they will, in their might, Jolin, take your county seat away ; Your town will then re-echo, John, with the sounds of grief and woe, And the frogs will sing the funeral dirge of John P. Cook & Co.
There were inany other local ballads, but we will only quote one more, which was composed by Judge Tuthill and sung by the Tipton Minstrels at the huskings, during the Councilmanic contest between John P. Cook and Harmon Van Antwerp, in 1842. It was sung to the tune of " Teddy the Tiler," and was called
THE BOYS OF THE ROCHESTER PARTY.
I s'pose you've heard of Teddy O'Rann, Who wanted to be a Councilman, But his heels were tripped up by Gen. Van And the boys of the Rochester party. The plot was concocted over the slough, Old Sam he chuckled, and swore it would do,
There was Bissell and Shell-head, they knew were true,
Jack Southern, Jake Wink and the Boltons, too ; Then at Antwerp they met, with the "Norway rats," And they got some twenty or thirty flats To unite the Tipton Democrats, With the boys of the Rochester party.
CHORUS : Success to the union, and fill the bowl ; We'll merrily dance round the hickory pole, And mix helter-skelter, and cheek by jowl, With the boys of the Rochester party.
Now, Teddy lie said it was all in vain To try a Tipton ticket again ; He was all for Union, he told Joe Crane, And the boys of the Rochester party. So deep were his plans and so cunning his pate, That he managed the Sheriff quite handy and nate ; With the Treasurer's office he got Bradley straight, And looked Bob Long with Recorder bait. All the Wapsipinicon precinct was keen, And at Pioneer Grove there were full thirteen, With twenty at Tomlinson's carding machine, Would go with the Rochester party.
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HISTORY OF CEDAR COUNTY.
The delegates met, the whole matter to fix ;
Fifteen were from Cedar. from Jones County, six, And twenty from Linn, who put in their best licks For the boys of the Rochester party. Then they counted the ballots 'mid clamor and noise,
And Teddy came out second best in the choice ;
Both Tony and Shell-head did greatly rejoice
When they found out that Van had the popular voice. For a speech, then, they called on Teddy by name,
And he got up and thanked them, he said, all the same,
For that, whatever happened, he never would blame
The boys of the Rochester party.
Success to the union, and drain the bowl, Let us merrily dance round the hickory pole, And mix helter-skelter, and cheek by jowl With boys of the Rochester party.
The election of John P. Cook as Councilman, in 1842, was accepted as a final and decisive termination of the county seat war, at least by the greater part of the voters, although there are some few old soldiers around Rochester who still cherish, or profess to cherish, the belief that the county seat will yet be removed to and re-established at their village on Cedar River, at the " head of navigation."
In 1846-7, a scheme was undertaken, more as a pecuniary speculation than from any other motive, to create a new county, by changing the boundary lines of Jackson, Jones, Linn and Cedar Counties. The movement, however, was strongly opposed by the people of the several counties. The speculators pre- sented their plan to the Legislature, but that body treated the measure so coolly as to "freeze it out," and consign it to perpetual and ignominious oblivion. Had the movement been favored by the Legislature, the county seat war would have been renewed between Tipton and Rochester with the fierceness of olden times, and the result might have been satisfactory to the Rochesterites.
Monday, March 12, 1852, the County Court being in session, William Green, of Rochester, presented a petition signed by himself and four hundred and thirty-six (436) others, praying " that the county seat of Cedar County be re-located at Rochester. and that the question be submitted to a vote at the elec- tion in April, A. D. 1852." William G. Woodward and J. Scott Richman, appeared as attorneys for the petitioners. After hearing the arguments of the attorneys in behalf of the prayer of the petitioners, and no person offering objections to the prayer of the petitioners, "it was ordered that the following question be submitted to the people of Cedar County at the election to be held on the first Monday in April, A. D. 1852, viz :
" Whether the county seat of Cedar County, Iowa, shall be removed to the town of Rochester, in said county. The vote for and against the above question may be taken by the words 'For removal,' or ' Against removal,' being written or printed on the ballots."
In securing this hearing before the people, the victory was with the Roches- ter petitioners, but the tally sheets of the election showed that a majority of the people were averse to the prayer of the petition. No certified returns of the election are to be found, so we have not the means of showing the number of votes cast " for removal" or the majority "against removal." That poll book and the hopes of the Rochester people, brave to the last, are lost together. The county seat war cry disturbs the people no more, and "everything is quiet on the Cedar."
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HISTORY OF CEDAR COUNTY.
CEDAR COUNTY FREEBOOTERS.
PREFATORY.
About the confines of American civilization, there has always hovered, like scouts before the march of an invading army, a swarm of bold, enterprising, adventurous criminals. The broad, untrodden prairies, the trackless forests, the rivers, unbroken by the keels of commerce, furnished admirable refuge for those whose crimes drove them from companionship with the lionest and law- abiding. Hovering there, where courts and civil processes could afford but a weak bulwark of protection against their evil and dishonest purposes and prac- tices, the temptation to prey upon the comparatively unprotected sons of toil, rather than to gain a livelihood by the slow process of honest industry, has proved too strong to be resisted. Some of these reckless characters sought the outskirts of advancing settlements for the express purpose of theft and robbery ; some, because they dare not remain within reach of efficient laws ; others, of limited means, but ambitious to secure homes of their own, and with honesty of purpose, exchanged the comforts and protection of law afforded by the old, settled and populous districts for life on the frontiers, and not finding all that their fancy painted, were tempted into crime by apparent immunity from pun- ishment. In all new countries, the proportion of the dishonest and criminal has been greater than in the older and better regulated communities where courts are permanently established and the avenues of escape from punishment for wrong-doing more securely guarded.
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