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 43

Author: Western Historical Co
Publication date: 1878
Publisher: Chicago : Western Historical Co.
Number of Pages: 742


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 43


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Word being spread through Springdale the next morning of the projected raid, every man who could muster a gun was marshaled, together with Brown's men and placed in battle array on the premises near the fort. Soon a number of covered wagons were seen coming in sight, and the conflict was supposed to be near at hand, when Squire James says to Emor Rood, " let's go home."


One after another, the citizens suddenly thought of important business at home, and hurried away.


The wagons proved to be those of movers who were innocent of any intent to attack Brown's men.


Brown spread a report in Iowa City of the large numbers and determined spirit of his party, so that when the time for departure came, there were not enough warriors to be found to fill a wagon.


This is the only war of which we have an account in Cedar County, though Ed. Morrison and Charles Ball were afterward killed while ferrying negroes in Missouri.


Edwin Coppoc, of Cedar County, was hung with others at Harper's Ferry. Barclay Coppoc reached home after a narrow escape and a long tramp in the mountains. In spite of the solicitations of friends, and in defiance of Virginia officers, he continued to remain at Springdale, braving the dangers of arrest. At times he would engage in organizing Union Leagues, and then he would disappear for a time, sometimes in one direction and again in another. When a suitable requisition was finally obtained, the Sheriff of Cedar County (Jesse Bradshaw) was ordered to go to Springdale and make the arrest. To Springdale he went, as in duty bound. and innocently asked everybody he met if they had seen a young man named Barclay Coppoc, adding that he had authority to arrest him and would be much obliged if some one would tell him where to find him. He went from place to place, peeped into sheds, turned over dry goods boxes, etc., and finally made a return of the papers with the entry indorsed thereon that he had "made diligent search and the party could not be found." Then Virginia sent a special detective to Muscatine, who offered any one $50 to go and arrest Coppoc, whereupon he was requested to try himself. After seeking in vain to induce a posse of men to go and make the arrest, he finally ventured to Springdale alone. Coppoc and Dr. H. C. Gill were walking leisurely along the street talking, and as the Virginian approached, Coppoc recognized him and wanted to shoot him right then and there. but Dr. Gill prevented it, and a bloody tragedy was avoided. A few minutes afterward, they met him again, but no attempt was made to make the arrest, and had there been, the detective officer would doubtless have paid the penalty with his life. In fact, from his return until all danger was past, Barclay Coppoc never carried less than four revolvers, and never allowed any stranger to approach him with- out cocking and holding one in each hand in his pocket.


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In the Fall of 1861, he enlisted a squad of men to join the company of W. R. Allen, of Jefferson, Ashtabula County, Ohio, for Lane's Brigade, in Kansas. While on the way with his men, and while passing over the railroad between Hannibal and St. Joseph, Missouri, he was killed by the falling timbers of a bridge, which had been nearly sawed in two at night by the bushwhacking rebels of Missouri.


POLITICAL ECONOMY.


It is now necessary to go back a little, in order to bring up the political history of the Territory of which Cedar County forms a part. In the Fall of 1837, the question of a separate Territorial organization for Iowa began to be agitated. A convention was called to meet at Burlington on the 1st of Novem- ber, to devise " ways and means " to secure that end. The Wisconsin Legislature, then in session, joined in the scheme, and united in a petition to Congress looking to that purpose. At that time, Gen. Geo. W. Jones, of Sinsinawa Mound, Wisconsin, was the Territorial Delegate to Congress, and through his agency the petition was presented to Congress. A bill was prepared in answer to the prayer of the petitioners, which, on the 12th of June, 1838, became a law, and went into effect on the 3d day of July following. The Legislature of Wisconsin Territory had convened in Burlington in June, 1838, but the pas- sage of the law creating the new Territory, rendered their functions obsolete and void so far as related to Iowa, and they adjourned sine die on the 3d day of July. On the next day, the 4th, Robert Lucas, formerly Governor of Ohio, assumed the functions of Governor of the new Territory, under appointment from President Van Buren. William B. Conway was appointed Secretary ; Charles Mason, Chief Justice, and Joseph Williams and Thomas S. Wilson, Judges. Burlington was designated as the temporary seat of Government. The population had increased to 22,860, since the census of 1836.


Soon after assuming the duties to which he had been appointed, Gov. Lucas issued a proclamation for an election of members of the first Legislative Assem- bly, and dividing the Territory into suitable districts for that purpose. The Assembly was composed of a Council of thirteen members, and a House of Representatives, composed of twenty-six members. The election was held on the 10th day of September, 1838, and on the 1st day of November following, the first Territorial Legislature of Iowa met in session at Burlington. Cyrus S. Jacobs, of Des Moines County, duly elected and returned as a member from Des Moines County, was killed in an unfortunate encounter in Burlington before the Legislature met, George H. Beeler was elected to fill the vacancy. Samuel R. Murray, of Comanche, Clinton County, was returned as elected from the district composed of the counties of Scott and Clinton, but his election was successfully contested by J. A. Burchard, of Scott County. With these exceptions, the members returned elected and proclaimed so by Gov. Lucas, held their seats during the session. Robert G. Roberts was chosen as Repre- sentative from Cedar County and Charles Whittlesey was elected Councilman. Mr. Whittlesey, it is said, made a most excellent, useful and influential member.


EXPLANATORY.


From the organization of the county in the Spring of 1838, to August, 1851, the manage- ment of county affairs was vested in a board of three Commissioners, chosen by the people, and were recognized and known as a Board of County Commissioners. This system of county management originated with Virginia, whose early settlers soon became 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,


Moses PunKer


FAIRFIELD TOWNSHIP PROPRIETOR OF BUNKER HILL STOCK FARM


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HISTORY OF CEDAR COUNTY.


the voters being thinly distributed over a great area. The county organization, where a few influential mcu managed the whole business of the community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county con- cerns as their ideas or wishes might direct, was, moreover, consonant with their recollections or tra- ditions of the judicial and social dignities 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.


In 1851, a County Court was created (see Code of lowa, 1851, chap. 15). The act creating that Court gave the County Judge jurisdiction of Probate affairs and clothed him with all the powers previously exercised by the Board of County Commissioners. In short, it legislated the Commissioners out of existence.


The Township System .- On the 22d of March, 1860, the State Legislature passed an act enti- tled an act creating a Board of Supervisors and defining their duties (see revision of Iowa, page 48.) This law went into effect July 4, 1860, and provided for the election of one Supervisor from each civil township. When assembled together for the transaction of county bu iness, these town representatives were known as the Board of County Supervisors. The township system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this sys tem provided that, whereas, " particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town," therefore, " the freemen of every or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns, to grant lots, and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders estab- lished by the General Court." They might also 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 municipal details, without any danger to the powers 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


Similar provisions for the incorporation of towns were made in the first constitution of Con- necticut, adopted in 1639 ; and the plan of township organization became universal throughout New England, and came westward with the emigrants from New England into New York, Ohio and other Western States, including the northern part of Illinois ; and there being a large New England element among the population of lowa, it is fair to presume that their influence secured the adoption of this system in Iowa, as created in the act already quoted. One objection urged against the county system was that the heavily populated districts would always control the election of the Commissioners to the disadvantage of the more thinly populated sections-in short, that under that system, equal and exact justice to all parts of the county could not be secured.


It seems, however, that the township system did not find general favor with the people of the State, for in 1871, the system was almost entirely abrogated. At least, the law was so far repealed or modified that the Board of County Supervisors was reduced from one member from each civil township, to three members (see Code of Iowa, chapter 2.) From the time this law went into effect in 1871, until after the regular election in 1873, county officers were under the management of a County Board of three Supervisors, with the County Auditor as their clerk.


Section 299 of the same act provided, however, that the Board of Supervisors of any county might, when petitioned to do so by one-fourth of the electors, submit to the qualified voters of the county at any regular election, the question, " Shall the members of Supervisors be increased to five " or " seven," as the Board might elect.


In 1873, agreeable to the provisions of this act, one-fourth of the qualified voters of the county petitioned the Board of three to order an election on the question of increasing the num- ber to five. The result showed 1,603 votes in favor of the increase, and 482 against the increase, a majority of 1,211 in favor of the proposition. So the county is now. 1878, under the manage- ment of a County Board of five Supervisors.


RESUME.


The first session of the County Commissioners commenced at Rochester, then recognized as the county seat, on the 2d day of April, 1838. A record of their proceedings was commenced on a single quire of uncovered foolscap paper,


*The New England colonies were fir-t governed by a "General Court," or Legislature, composed of a Governor and small Council, which court consisted of the most influential inhabitants, and possessed and exercised both legisla- tive 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 causes, enacted all manner of municipal regulations, and, in fact, did all the public business of the colony.


E


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HISTORY OF CEDAR COUNTY.


stitched together, which is still preserved in the Auditor's office, and from which the following transcript is made :


ROCHESTER, 2d April, 1838.


This day the County Commissioners of Cedar County, Wisconsin Territory, came together, and after being duly organized, proceeded to business.


1. Appointed Moses B. Church for Clerk.


2. Appointed Richard Runsford for their Chairman.


3. Received of Robert G. Roberts the several bonds taken by him as an officer of Dubuque County, and given by Henry Hardman, John Blalock and George McCoy, for the faithful per- formance of the duties of Justice of the Peace by each of the above named individuals ; and likewise, a bond given by James W. Tallman, for the faithful performance of the duties of a Sheriff, which bonds were approved and filed in the office of the Clerk.


4. Received a petition praying for a ferry across Cedar River, at the town of Rochester, to be kept by George W. McCoy, which was laid over for further consideration.


5. Received a petition praying for a county road from Elizabethtown by Tallman's and Centreville, in the direction of Montpelier, which was laid over for further consideration.


6." Received a petition praying for a road from the northwest end of Pioneer Grove, through Red Oak Grove and Centreville, by Freeman's mill, in the direction of Bloomington ( Muscatine ), which was laid over for further consideration.


7. Received a petition praying for a road from the eastern boundary in the direction of Gilbert's on the Iowa, which was laid over for further consideration.


This ended the business of the first day of the first session of the Board of Commissioners of Cedar County.


3d April, 1838.


The Board ordered that the county be divided into four districts.


9. SEC. 1. Be it enacted by the Board of Commissioners of the County of Cedar, that the four northeast townships shall constitute the District No. 1. The four northwest townships shall constitute the District No. 2. The four southwest townships shall constitute the District No. 3, and the four southeast townships shall constitute the District No. 4.


SEC. 2. The First District shall be attached to the Second District for district purposes. SEC. 3. There shall be three election precincts in the county, viz. : One at Linn Grove, in District No. 2, at the house of Elias Eperson ; one at Rochester, in DistrictNo. 3, at the house of Stephen Toney, and one at Centreville, in District No. 4, at the house of Moses B. Church.


SEC. 4. William Mason, Alanson Pope and Elias Eperson are appointed Judges of Election for one year in District No. 2; William Green, Jonathan Morgan and Jehu Kenworthy in District No. 3; William Miller, David W. Walton and Charles Whittlesey in District No. 4.


10. SEC. 1. Be it enacted by the Board of Commissioners of the County of Cedar, that a permission be given to George McCoy, to keep a ferry over Cedar River, at the town of Roches- ter, until the first Monday of next July, and the place of landing shall be opposite to Van Buren street.


SEC. 2. The rate of ferriage shall be as follows : For a wagon, 25 cents ; each span of horses or yoke of cattle, 25 cents ; man and horse, 25 cents ; a footman, 123 cents ; loose cattle per head, 62 cents ; hogs and sheep per head, 4 cents.


11. SEC. I. The Board of Commissioners selected the following persons to serve as grand jurors, to wit: Alanson Pope, Martin Baker, John Kenworthy, John Jones, Robert G. Roberts, David W. Walton, Charles Whittlesey, Solomon Knott, William Mason, Harvey B. Burnap, Jonathan Morgan, Henry Hardman, William Miller.


Of the above named grand jurymen, Alanson Pope, Martin Baker, John Jones, Robert G. Roberts. David W. Walton, Solomon Knott, William Mason, Jonathan Morgan and William Miller died in Cedar County. Jehu Kenworthy removed from the county about 1848 or 1850, and is supposed to be dead. Charles Whittlesey returned East some thirty or thirty-five years ago, became insane, was sent to a private insane asylum in the State of New York, where he died several years ago. Harvey B. Burnap removed from the county at an early day, and all knowledge of him was lost. Henry Hardman is the only one of the first grand jury selected known to be alive. He still resides in the county.


SEC. 2. The following persons were selected as petit jurors, to wit: Benjamin Frazer, John Scott, Charles W. Moberly, Prior Scott, Washington A. Rigby, Walter Freeman, Felix Freeland, James Buchanan, Elias Eperson, Richard Knott, Daniel Hare, Abraham Nix, George Miller, Jr.


[Of these first petit jurymen, Benjamin Frazer died in Tipton in the Spring of 1874; Daniel Hare died in Cedar county ; John Scott removed to Linn


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HISTORY OF CEDAR COUNTY.


County at an early day, and remained there until his death ; Charles W.Mo- berly died in Missouri in 1868; Felix Freeland now living in Rock Island, Ill .; Prior Scott and Washington A. Rigby still reside in the county ; Walter Free- man removed to Oregon in 1852, where he was still living at the date of this writing, April 15, 1878; Elias Eperson removed to Mills County, Iowa, some time between 1845 and 1848, where he died as much as twenty years ago ; Richard Knott removed to Harvey County, Kansas, about 1874 or 1875, where he still resides ; Abraham Nix and Geo. Miller, Jr., removed from the county in 1839, since when the gentleman (William M. Knott) from whom these facts are obtained, has lost all knowledge of him ; James Buchanan deceased.


12. Received from the hands of the Sheriff the returns of the election held on the 5th of March last, which were put on file.


The result of that election, as copied from the record, was as follows :


County Commissioners .- Richard Ransford had 55 votes; Joseph Wilford, Jr., 46; Jonas M. Oaks, 47; Stephen Toney, 31; Elisha E. Edwards, 26: Charles Whittlesey, 1.


Coroner .- Harvey B. Burnap had 31 votes ; Jonathan Morgan, 24 ; Martin Baker, 22. Treasurer .- Christian Holderman had 72 votes.


Register .- Robert G. Roberts had 31 votes; Moses B. Church, 24; Jehu Kenworthy, 20. 13. Appointed James W. Tallinan the Assessor of Cedar County for the present year.


14. Adjourned till to-morrow at 9 o'clock.


April 4. Met according to adjournment.


15. Received of George McCoy, Jr., a bond for the faithful performance of the duties of a ferryman, which was put on file.


16. This order related to the adoption of a seal, which was a plain circle about one inch in diameter. In the upper part of the circle were the letters "COMS." and in the center below C. C.


17. Received and put on file the claims of Henry Abraham Nix and George McCoy.


18. Adjourned for the space of one hour.


19. Met according to adjournment.


20. Gave to James W. Tallman the following instructions :


" You are hereby commanded, by the authority of the Board of Commissioners of the county of Cedar, to take an assessment of all the property in this county, and in all the counties attached to this county for judicial purposes, on the ad valorem system, naming the different kinds of property possessed by each individual, viz. : All horses, oxen, cows, hogs, sheep, house- hold and farming utensils, clocks, watches, moneys on hand, notes due and on interest ; noting all horses and cattle which are under three years of age, and all horses which are blind, and to make due return thereon on or before the Thursday next preceding the fourth Monday of next May, to the Commissioners of Cedar County."


The above instructions were signed and sealed by the Commissioners, and attested by the Clerk. The Assessor was also directed to take a list of the names of all persons in the county or counties subject to pay a poll tax.


21. Received of Christian Holderman a bond for the faithful performance of his duties as the Treasurer of Cedar County, which was put on file.


Order 22 related to claims against the county, as follows :


The County of Cedar, Dr.,


APRIL 4, 1838.


To Richard Ransford, for three days' service as Commissioner. $9 00


To Jonas M. Oaks, for three days' service as Commissioner, $9; for paper, .25. 9 25


To Joseph Wilford, Jr., for three days' service as Commissioner .... 9 00


To Moses B. Church. for three days' service as Clerk of Commissioners. 6 75


To J. W. Tallman, Sheriff, for three days' attendance on the Commissioners. 4 50


Total cost of starting the county machinery. .$38 45


Of that amount, twenty-five cents was for furnishing one quire of paper- foolscap-fastened together with white tape, on which to keep a record of the proceedings of the Commissioners, and this single quire of paper served to keep a complete record of the Commissioners' transactions from the beginning of the first session, April 2, 1838, until the 23d of March, 1840. The record, brown


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HISTORY OF CEDAR COUNTY.


and musty with age, is carefully preserved in the Auditor's office, and is an in- teresting relic of half a century ago. The records were made in a elerkly hand, and, with the exeeption of the two first pages, the ink seems to have blackened with time. The suggestion may be out of plaee, but it occurs to the writer that it would be well for the authorities to have it bound. A hundred years hence, it will be far more valuable than it is now. On Cedar County's centennial day, April 2, 1938, nothing would be of more interest to the people who will live and exercise dominion then, than the old record that has added so largely to the interest of these pages.


23. Adjourned till 9 A. M., on the first Thursday next preceding the fourth Monday in next May.


Each order or entry made by order of the Commissioners, was numbered in regular numerieal order, and have been so far eopied verbatim et literatim, to show the younger generation of Cedar County people how their fathers did busi- ness. As a rule, their orders were short, solid and sharp. They did not encourage the use of unnecessary or meaningless words, but left a reeord which their deseendants ean easily understand, and of which they need not be ashamed.


At their May session, the Commissioners "agreed with Stephen Toney, that he should furnish and prepare a room in his house for the aceommodation of the District Court during its first session in this eounty." The old house is still standing at the ferry landing at Rochester.


At this session, the Commissioners aeeepted the bond of James W. Tallman as Assessor, and also enaeted " that Distriet No. 1 be no longer attached to Dis- triet No. 2 for district purposes ;" also, " that the election precinct in District No. 1 shall be at the house of Porter MeKinstry, and that John Nesbitt, Peter Taylor and Porter Mckinstry should serve as Judges of Election in District No. 1.


The following named citizens were selected to serve as grand juors, in addi- tion to those chosen at their April session : Henry Buchanan, William Green, Abraham Kizer, J. W. Wilkinson, John Blalock, James Setford, George S. Smith, John Finch, William Morgan and Jaekomyer Baldwin.


Henry Buchanan died in Cedar County about thirty years ago. William Green also died in Cedar County. Abraham Kizer is a citizen of Linn County. J. W. Wilkinson removed to California about 1852, where he was still living at last aecounts. John Blaloek remained in the county until about 1868, when he removed to Keokuk County, where it is rumored he died a few years sinee. James Setford returned to Indiana (from which State he eame to Iowa) about 1840, where he died about 1848. George S. Smith emigrated to California in 1849. Report eame baek that in attempting to cross the South Fork of the American River, his eanoe capsized and that he was drowned. John Finch was killed by lightning in Hardin County where he was visiting, about the year 1862. Finch was a very profane man, and had often been heard to swear that nothing eould kill him but lightning, and it seems a little singular that his death should have come that way. William Morgan removed to the south part of the State about 1852, and it is not known whether he is dead or still living. Jockomyer Baldwin died in Cedar County in 1876.


The following additions were made to the petit jury so seleeted at the April session : James W. Potts, Nieholas Kizer, Hector Starrett, Conrad Sweitzer, John S. Higginson, Stephen Toney, William Starrett, William Watson, Henry D. Morgan and Robert Miller.


On the 25th of May the Board took up the several road petitions and pro- eeeded to pass upon them. They " enaeted that Viewers be appointed on the


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HISTORY OF CEDAR COUNTY.


roads requested'in Petition No. 5, and also on the road requested in Petition 2, from its commencement to the first point mentioned in the Petition." Prior Scott, Robert G. Roberts and James Buchanan were appointed Viewers " on the above roads," and directed to make their report on the first Monday in July.




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