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 44
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Section one of order No. 33, enacted that Viewers be appointed on the road requested in Petitions Nos. 4 and 6. The same order appointed William Miller, Thomas Lingle and Christian Holderman as Viewers. The last clause of the section
Ordered the Sheriff of Cedar County, Wisconsin Territory, to notify the Viewers above named of their appointment, and to procure a Surveyor to attend them.
The Board then passed upon their respective claims for services at that ses- sion, and also the claim of James W. Tallman, as Sheriff in attendance, and then adjourned till 9 o'clock on Monday the 28th of May.
Monday, May 28th, the Commissioners met pursuant to adjournment, and " enacted that Johnson County be the fifth election District, and that the elec- tion precinct be at Napoleon, at the house of John Mafford," and that Henry Felkner, Phillip Clarke and James Marcey should be the Judges of Election in District No. 5.
Section 1, of order No. 40, enacted that a license to keep a tavern in the town of Rochester, be given to Stephen Toney for the term of one year for the sum of five dollars. A tavern license in those days included the privilege or right to keep and retail spirituous liquors, such as whisky, etc., and no tavern was considered a tavern that did not keep a full supply of the ardent.
The remainder of the session was taken up in the examination of claims and road petitions, the appointment of Road Viewers, etc., when the Board adjourned until the first Monday in July, which was the 2d day of that month.
The July session of the Board was principally taken up with road matters. Order No. 50 enacted that the "County of Cedar be divided into road districts as follows :
Centerville District No. 1, includes the southeast township and the township west of it.
Rochester District No. 2, includes the two southwest townships, viz .: west of the centre line of the county, and south of the range line 79 north, with the addition of the south half of township 80 north, and 3 west.
Rock Creek District No. 3, includes township 80 north, and 4 west, and the north half of township 80 north, and 3 west, and that part of township 81 north, and 3 west, which is west of Rock Creek and South of Linn Grove.
Washington District No. 4, includes township 81 north, and 4 west, with the addition of Linn Grove settlement.
Pioneer District No. 5, includes township 82 north, and 3 and 4 west.
Red Oak District No. 6, includes the Red Oak settlement and the west half of township 81 north, and 2 west, with the addition of Jones and Knott.
Crooked Creek District No. 7, includes township 80 north, and 1 and 2 west, with the exception of Poston Grove settlement.
Yankee Run District No. 8, includes Poston Grove settlement, and townships 81 and 82 nortlı, and 1 west.
The following named settlers were appointed Road Supervisors :
David W. Walton, Centerville District ; Stephen Toney, Rochester District; John W. Wilkin- son, Rock Creek District ; James Buchanan, Washington District ; John Scott, Pioneer District ; Solomon Knott, Red Oak District ; John Finch, Crooked Creek District; Porter Mckinstry, Yankee Run District.
51. Be it enacted by the Board of Commissioners that they adopt as their seal, an impress- ion made by the eagle side of a five cent piece.
52. Issued a writ, to bring before this body Orrin Lewis and child, which was committed to the Sheriff of the county.
This was the last order passed by the Board, subject to the jurisdiction of Wisconsin Territory.
382
HISTORY OF CEDAR COUNTY.
July 3, 1838, the law creating the Territory of Iowa became operative, and the county of Cedar was no longer subject to the jurisdiction of Wisconsin Territory. July 4, 1838, for the first time, the Commissioners, strictly speak- ing, assumed to transact business under the Territorial laws of Iowa. The change or transition to the new order of things did not affect their business transactions, but everything went along as smoothly as if the "Beautiful Land" had not taken the initiatory step toward the functions of a great State.
The first order made by the Board, subject to the jurisdiction of Iowa Ter- ritory, related to the writ referred to in order No. 52, and recited that "the writ issued against Orrin Lewis was returned with the body of Lewis and his child.
Order No. 54 renewed or extended the ferry license of George McCoy until the 4th of April, 1839, "according to the tenor of the permit gra ited him on the 4th of last April, for which he is to pay the sum of five dollars." Order No. 55 directed the custody of Lewis' child to be given to James W. Tallman, as agent for the Board of Commissioners, and instructing him (Tall- man) to provide for the said child until the next annual session of the Board.
From the best sources of information accessible, it appears that Lewis had so neglected his child as to allow it to become an object of solicitude among the people who knew the circumstances. Some of them made complaint to the Commissioners, when the writ was issued as mentioned in Order No. 52. For many months the little charge was known as "Tallman's baby." "Tallman- how's your baby ?" was the salutation that greeted him when he met any of his acquaintances, as long as he kept it in his care.
The first County Orders issued bore datc July 6, 1838. They were issued, to the parties, and for the amounts, named below :
No. 1, Ilenry Hardman, $13.92}; 2, Robert G. Roberts, $17; 3, Abraham Nix, $1; 4, William Mason, $6; 5, Jesse Toney, $2.50; 6, Martin Baker, $2.50; 7, Harvey B. Burnap, $1.70; 8, George Foster, $1; 9, John Jones, $1 : 10, George McCoy, $2; 11, Henry D. Brown, $1.25; 12, Milton Phelps, $1.25; 13, Ross McLoud, $7 ; 14, Solomon Knott, $1.80; 15, Wash- ington A. Rigby, $1; 16, Prior Scott, $31.50; 17, Israel Mitchell, $27; 18, James Buchanan, $22. Total amount of first issue of County Orders, $131.42}.
July 7, the Board "received notification that the family of Matthew Turner were in a suffering condition," and agreed to " meet at his house to-morrow morning, at 9 o'clock, to make provision for their relief." This, if the child of Orrin Lewis be excepted, was the first instance where the Board of Commis- sioners of Cedar County were called upon to afford relief to the destitute and suffering, and was the beginning of that guardianship and charity for the poor for which the county has become noted.
The same day, the Board directed the issue of the following County Orders ; No. 19, Henry Hardman, $1.25; No. 20, Daniel Carle, $1.25; No. 21, Richard Knott, $1.25 ; No. 22, Arthur Dillon, $4.00; No. 23, Washington Rigby, $4.00; No. 24, Ross McLoud, $6.00 ; No. 25, James W. Tallman, $145.684; No. 26. Moses B. Church, $33.87}. Total amount of second issue of County Orders, $197.31 ; add total of first issue, $131.42} ; total amount issued to date (July, 7, 1838), $328.73}.
Road matters claimed a good deal of the attention and time of the Commis- sioners in early days, in the management of which they exercised a great deal of care and wisdom. Order 63, passed at the July session, 1838, declared that all roads should be sixty-six feet in width, and in Order 64, the clerk was directed to transmit to the several Supervisors the following instructions.
That in the first place, they make the necessary bridges and expend the remainder of their time in removing the logs and underbrush in the timber lands, and in opening the roads, so that they may be passable, and that whatever logs they remove shall be removed beyond the estab- lished limits of the roads, which roads are sixty-six feet in width.
383
HISTORY OF CEDAR COUNTY.
FIRST TAX LEVY.
August 13, 1838, the County Commissioners
Ordered, That a tax of five mills on the dollar be levied for county purposes, and a tax of one cent for road purposes.
October 15, 1838, the tax for road purposes was reduced to five mills on the dollar, when it was
Ordered, That the act numbered 76 be so far repealed as to read that the tax for road purposes be five mills on the dollar.
January 18, 1840, the records show the following settlements to have been made with E. E. Edwards, County Treasurer, and George McCoy, Sheriff:
E. E. EDWARDS, TREASURER. Dr.
To cash from District Court Clerk $ 12 87
Orders 13 and 94 unpaid, not handed in. 13 00
" Fine received of H. Hardman. 5 00
Order 118, not handed in. 3 00
96, “ 66
7 00
66 111, « 66
8 00
Balanee due on Order 32, not handed in 14 38 Amount of taxes from Sheriff.
399 83-$463 83 Cr.
CONTRA.
By paid Orders Nos. 1, 105 and 106.
$ 9 10
.6 66 No. 32.
7 08
66 66 " 79. 1 00
66 66 account of Order No. 111. 7 00
66 66 " 190. 15 88
66 66 Orders in full, Sheriff's receipt .. 399 83
" balance due the county .. 23 69-$463 58
Balance to debit E. E. Edwards on new account
$23 69
Settlement made with G. McCoy, Sheriff. G. McCOY. Dr.
To amount of tax list, 1838. 66 1839.
.$160 71
299 653-$460 363
CONTRA.
Cr.
By Arrowsmith's ferry license, uncollected 10 00
13 03
" Delinquent list, 1838. 66 1839 7 40%
" Ten per cent. paid Sheriff on $429.93. 42 99 -$73 42}
$386 94
Ordered, That the Sheriff be excused from furnishing duplicate tax list in consideration of his charging but seven per cent. for collecting tax.
Ordered, That Elisha Henry receive three dollars, in full for use of room for Commissioners' Court. Issued Order No. 190.
Ordered, That the Clerk be authorized to procure a complete set of weights and measures, agreeable to law.
Ordered, That the Clerk furnish the Supervisors with duplicate lists of lands in their districts. Ordered, That this Board adjourn sine die.
Signed, WILLIAM MILLER, JOHN G. FOY.
The following statement shows the financial condition of the county Satur- day, January 18, 1840 :
COUNTY COMMISSIONERS. Dr.
To amount of Orders issued by former Board. $429 883
" this
384 522-$814 412
CONTRA. Cr.
By amount of taxes and fines on record previous to this Board ... $ 99 17
" Treasurer's account. 463 58 -$562 75
Rochester, January 18, 1840. $251 66}
384
HISTORY OF CEDAR COUNTY.
The next session of the County Commissioners was held on the 16th of March, 1840, when the report of the Commissioners to re-locate the county seat of Cedar County, was received and considered, a detailed account of which will be found in the history of the county seat war, commencing on page 335.
When Cedar and the other counties were set off from Dubuque County by act of the Territorial Legislature, at the session of 1837-38, the debt of Dubuque County amounted to $2,850. On Monday, the 23d day of December, 1839, the County Commissioners of Dubuque County apportioned the amount of that indebtedness among the several new counties, assessing the amount against Cedar County at $133. February 12, 1840, George W. Ames was appointed by the Dubuque County Commissioners to visit Cedar County and present the claim for settlement. Monday, March 23, 1840, the Commissioners of Cedar County being in session, Mr. Ames appeared and presented the claim, and requested action thereon. The account was received and placed "on file to obtain advice from the District Attorney," and agreed to report their conclusions at the next meeting of the Board. April 6th, the Commissioners
Ordered, That the account presented by Dubuque County at last meeting of the Board be not accepted, and that the Clerk return the same by mail.
May 18, 1840, the Clerk of the Dubuque Board was directed to address a communication to the Clerk of the Board of Commissioners of Cedar County, requesting a specified statement of the objections held against the payment of the claim. Saturday, August 1st, the Commissioners
Ordered, That the Clerk address the Board of Commissioners of Dubuque County in reply to their letter of the 6th of June, agreeable to the tenor of a letter from S. Wheeler to this Board, and the relation of Muscatine County in regard to Dubuque County at the time of division.
This is the last reference to this matter to be found on the records in the Cedar County Auditor's office-at least it was the last trace of it the writer could find. Whether the demand was ever paid is a question we will not undertake to answer. But the Commissioners of Dubuque County were not disposed to relinquish their claim, for the records in the Auditor's office in that county show that on the 14th of September, 1840, I. A. Bradfordwas appointed by the Dubuque Commissioners as agent to settle with Cedar and the other counties against which similar assessments had been made.
April 25th, the Commissioners directed the Clerk to advertise the first sale of Town lots in Tipton for the third Monday (the 15th) of June, and that the advertisements be published in the Territorial Gazette, at Burlington, Jowan, at Davenport, and Iowa News, at Dubuque, until the 7th of June, the terms of the sale-one-fourth cash on the day of sale, one-fourth in six months, one- fourth in twelve months, and one-fourth in eighteen months-to be mentioned in the advertisement. Failure to meet either of the deferred payments involved the forfeiture of money paid. At the same meeting of the Board it was
Ordered, That sealed proposals be received until Saturday, the 19th day of May, for the building of a jail. Proposals will be received for furnishing timber at so much per square foot, and building said jail, plans to be seen on application to the Clerk.
It was also
Ordered, That the Clerk give notice of an election for township officers, agreeable to Sections 1 and 2 of Chapter 37, of the laws of Iowa, 1839-40, and that those in favor of such organization shall write " organization," and those to the contrary shall write " no organization " on their tickets, and that a separate ballot box shall be kept for the same.
On the 1st of June, proposals for building the jail were received from James Fay at $2,500 ; William Green, $2,700 ; P. McVicker, $2,475. The plan sub- mitted to the consideration of the Board at the last mecting by J. J. Tomlinson was
335
HISTORY OF CEDAR COUNTY.
adopted, and the proposal of P. Mc Vicker was accepted as the lowest and best. The plan of Tipton, as made by J. J. Tomlinson, Surveyor, was also submitted, duly acknowledged by the County Commissioners and placed in the Recorder's office for record. McVicker entered into contract with the Board for the erection of the jail, giving bond in the sum of $3,000, with Joseph K. Snyder and Charles M. Jennings as security. The Commissioners also gave bond in the sum of $3,000 for faithful payment, according to the terms of the con- tract.
August 1st, the Commissioners changed their place of meeting to the house of Charles M. Jennings, he having agreed to lease them the use of a room in his house for the Clerk's office free of charge. The Board also ordered that the October election should be held at the same place, and that the next term of the District Court should be held therein, at $2.00 per day for the time the Court remained in session.
From the time of the adjournment of the August session of the Board of County Commissioners until January 1, 1841, there was but little business of an important nature to claim the attention of the Commissioners or render long or frequent sessions necessary. On the 10th of January, the Board ordered that all that district of country west of Cedar River, and within the limits of the County, "shall be known as Township No. 1, and that it shall be called Iowa Township; that all east of Cedar River shall be known as Township No. 2, and called Freeman Township ; that all east of Cedar River, Township 80, and the two southern tier of sections in Township 81, Range 2 west, be known as Town- ship No. 3, and called Center Township ; that Townships 81 and 82 north, Range 1, and the four northern tier of sections in Township 81, of Range 4, be known as Township No. 4, and called Wapsipinicon Township, and that Town- ships 81 and 82, Range 3, and Townships 81 and 82, Range 4, be known as Township No. 5, and called Linn Township."
The Commissioners then issued an order for an election for township officers, to be held in the several townships thus established on the first Monday in April. They directed that in Iowa Township the election should be held at the house of Elisha Henry ; in Freeman Township, at the house of Stephen Toney, in Rochester ; in Center Township, at the house of John Culbertson ; in Wapsi- pinicon Township, at the house of Porter Mckinstry, and in Linn Township, at the house of William Mason.
At their next meeting, Friday, February 12, the Clerk of the Board was directed to write to the District Attorney, giving him extracts from the District Court records, and request him to prosecute or not, as in his judgment might seem best, the case of the U. S. vs. H. E. Switzer, for assault against an officer of the court. Switzer was one of the so-called outlaws of the county, and in attempting to serve a process against him, the officer was assaulted and resisted, and hence this order.
On the 24th of February, a contract was made with John Culbertson for the erection of a house for county purposes. The building here referred to was erected on the lot now occupied by the City Hall building. The upper part of this building was used for the Fall term (1841) of the District Court, and as a court room until the jail was completed. The Culbertson building was subsequently used as a hotel, and was known as the Beatty House. It was destroyed by fire in April, 1870.
May 20th, ordered that the northern tier of sections in Township No. 80, Range 1 west, be added to Wapsipinicon Township, and that the name of the said township be called Springfield.
386
HISTORY OF CEDAR COUNTY.
July 6th, the resignation of James W. Tallman, as Probate Judge, was accepted, and the Clerk was directed to give notice that an election would be held on the first Monday in August to fill the vacancy.
THE FIRST COURT HOUSE.
July 7th, the Commissioners appointed John P. Cook, Esq., as their " true" and lawful attorney, to contract for the erection of a county Court House in the town of Tipton, near the center of the public square ; the same to be a frame building, the cost not to exceed four thousand dollars. The order making this appointment, stipulated that Cook should not bind the Commissioners for the payment of any money out of the county treasury, arising from the sale of town lots, that would interfere with the payments for the erection of the jail, but was authorized to pay the contractor or contractors for the erection of the Court House out of the first money in the treasury of Cedar County arising from the sale of town lots in the town of Tipton after the contractor for the county jail should be paid. Cook was also made a " true and lawful agent " for the sale of any of the unsold lots in Tipton to the contractor or contractors for the erection of the court house, at such prices as in his judgment he might think best. The order making this appointment, concludes thus :
Giving and granting unto our said attorney by these presents, full power and authority, in and about the premises, to have, use and take all lawful ways and means in our name, for the purposes aforesaid, and generally to do all other acts and things in the law whatsoever needful and necessary to be done in and about the premises above specified for us, and in our names, to do and execute and perform, as fully and to all intents and purposes, as we ourselves might or could do, by order of this Board, hereby delegating to our said attorney all the powers of this Board of Commissioners, as fully as they themselves could act for the purposes and objects heretofore specified in this order.
The plans adopted for the Court House here mentioned, provided for a build ing 36x42 feet, of two stories ; the lower story to be divided into two rooms and the upper story into four rooms. The lower story to be eight feet and the' upper story ten feet in the clear.
The last session of the Board of Commissioners for the year 1841, was held on the 19th day of October.
In 1842, the following entry appears of record under date of January 6th.
STATEMENT OF COUNTY ORDERS RECEIVED AND ISSUED DURING THE YEAR 1841.
Am unt of County Orders issued $1,519 54
66 received over amount issued.
220 56-$1.740 10
of County Orders received 1,749 10 954 96
of Town Orders issued.
763 22
‹ .
of Town Orders received.
191 74- 954 96
Deficency of receipts ..
July 7th, John P. Cook was allowed $100.00 out of the town funds for ser- vices as agent for the sale of lots in Tipton and letting contract for the erection of a Court House, and superintending the building of the same, from June 1, 1841, to June 1, 1842. Mr. Cook's compensation, as agent for the sale of town lots, was fixed at the sum of $100.00 per annum, to be paid out of the funds arising from the sale of town lots.
Bonds in the sum of $500.00 were required of Mr. Cook, with good and sufficient security.
The several sessions of the Commissioners during the remainder of 1842, were devoted to ordinary county business, examining road petitions, granting road views, etc. In those days, there was not so much business to demand attention as at present. Compared with the present, the population was light ;
387
HISTORY OF CEDAR COUNTY.
the country was not nearly one-fourth occupied. In the establishment of roads, bridges were necessary across some of the larger streams, but these bridges were of the simplest kind of construction, although strong. No one thought of building the commonest bridge without heavy sills and other heavy timbers, two-inch mortises and tenons, and everything else correspondingly strong. Now, great railroad bridges are built across the mightiest rivers, of small timbers and without mortises or tenons. So much for the advancement of science and the mechanic arts.
July 18th, 1843, the Commissioners accepted the jail from the contractors, and settled with them in full for the erection of the same. A balance of $900.98 was found to be due the contractors, and the Clerk was ordered to issue an order to them in payment thereof.
In 1844, at their first session in January, the Commissioners fixed a min- imum price on all the unsold lots in Tipton-the highest price being $35.00, and the lowest price $5.00. A price was also fixed on blocks 8, 21, 22, 35, 36, 49, 48, 47, 46, 45, 44, 43, 42 and 23. The minimum price of blocks, where whole blocks were sold, was established at $50.00. Block - was ordered to be sold for a burying ground, and that the minimum price be $25.00. A price was also fixed on sundry other lots and blocks. The object of the Commission- ers was to fix the price of lots within the reach of every one who wanted a home. The policy was unquestionably a wise one, and many of the early settlers of Tipton, no doubt, owe their first ownership of real estate to the lib- erality of the County Commissioners-P. J. Conklin, W. A. Rigby and J. P. Crane.
July 2d, the Clerk was directed to levy a tax of one cent on the dollar of the assessment for county purposes, one-half cent on the dollar for Territorial pur- poses, and ten cents on the dollar for road purposes.
January 6th, 1845, it was " Ordered that the two northern tiers of sections of Iowa Township be thereafter attached to Linn Township for election purposes, and detached from Iowa Township."
January 8th, William H. Tuthill was appointed an agent for tlic sale of town lots until the July session of the Board.
July 9th, the records show the following to have been the financial condition of the county:
Total receipts for 1844. $2,056 99
Total expenditures. 1,673 32
Total receipts over expenditures. .$ 383 67
The work on the Court House does not seem to have been progressing very satisfactorily, for on the 4th of February it was-
Ordered, That John Leith do cease from all further work on the Court House, and that the Commissioners take possession of the same, he having forfeited his contract for building said Court House, and that the Clerk do notify said Leith to proceed no further under said contract.
Ordered, That the Clerk do advertise by written notices for proposals to finish the Court House agreeable to the plan of the original contract, the proposals to be received until the first Monday in April next, when they will be opened by the Commissioners, and the contract let to the lowest bidder-the bids to be at the minimum price of Tipton lots, and at the price in county orders, the option to be with the Commissioners-each bid to be accompanied with security for the faithful performance of the proposition.
388
HISTORY OF CEDAR COUNTY.
April 7th, the following entry was made: "This being the day established by law for the Clerk to proportion the number of jurors to the several townships or precincts, they are proportioned as follows, viz .:
Center Township having 135 voters is entitled to 59 jurors.
Rochester 66 130 66
66 50
Linn 66 55 66 21
Iowa 66 27 60
9
66
Springfield " 24
389
150"
So that, in April, 1845, there were only 389 voters in Cedar County. The ratio of population was not as large then as it is at present, from the fact that there were a goodly number of old bachelors among the settlers. Five persons, including men, women and children, are usually reckoned to one vote. In 1845, there were not more than three. Accepting this estimate as correct, the entire population of that time would not exceed 1,167.
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