USA > Iowa > Clinton County > The history of Clinton County, Iowa, containing a history of the county, its cities, towns &c., biographical sketches of citizens > Part 41
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James D.Bourne DEWITT
359
HISTORY OF CLINTON COUNTY.
P. Aikman, Daniel H. Pearce, for Lyons ; Arthur Smith, Otis Bennett, Daniel Smith, for Elk Creek ; John D. Simmons, Isaac Ramsay, Thomas Watts, for Deep Creck.
A special session of the Board convened April 29, 1841.
Eliza Winans is allowed $10 for the use of the court rooms.
James Crawford is allowed $20 as compensation for his services as Prose- cuting Attorney at the April Term of the District Court.
Liberty Township is divided by Yankee Run into two road districts. The part south is designated Number One, and George W. Parker appointed Super- visor, and the part north is called Number Two, and James Hall is named as its Supervisor.
The second day of the term, the boundaries of Camanche Township were changed so as to extend west until it includes the seventeenth section only, in Townships 80 and 81 north, Range 5 east, and Clear Creek Township is extended east to this line.
The Clerk is instructed by the Board to send out with the election notices for the August election a description of the boundaries of the several town- ships. Without doubt this was a most thoughtful instruction, for the mem- ories of the inhabitants must have been remarkably retentive to keep pace with the frequent changes of the township lines, and adults as well as children might be readily excused "without prejudice " for being unable to correctly answer the standard question, " What town do you live in ?"
When the Commissioners appointed to re-locate the seat of justice had performed that duty and made their report, as is previously herein given, the Board of Commissioners found that their capital was on Government land, and they at once borrowed the necessary funds, $200, and sent the Sheriff to Du- buque, where he purchased the 160 acres. This was surveyed and platted into city lots, reserving one block for a public park, and the two northwest lots of the block next east for the county buildings. They then placed the lots in market, and in order that every one might have an opportunity to avail them- selves of the future prosperity of this new "city on the prairie," the Clerk was ordered to make public notice by advertisement of a public sale of lots, which was to take place on the 2d and 3d of July, 1841. The record says that he shall procure the publication of a sale of lots in Vandenburg for three consecutive weeks, previous to the 2d and 3d of July, in the Stand- ard at Bloomington (now Muscatine) and the Iowa Sun at Davenport. That Lyman Buck be notified to be and appear at the. county seat, Branderburg, on Monday, the 3d of May, prepare'l to survey said town. It will be observed by the above that the name of the new county seat was not yet familiar, even to the officials of the county, as the Clerk writes it, upon the same page of the record, Vandenburg and Branderburg.
The Board held their next session beginning July 5, 1841, at the usual place, the house of Samuel Doolittle, in Camanche. E. P. Monroe was appointed Clerk of the Board, and he was directed to amend the record of the previous session so that the order for the publication of notice of sale of lots in Vandenburg should include terms of sale, as follows : One-third of the purchase money in three months; one-third in nine months, and one-third in twelve months.
The tax levy for the ensuing year was fixed at five mills on the dollar.
Oliver Alger is licensed to run a ferry across the " Wabesipinicon," opposite his house, and Elijah Buel to run one across the Mississippi at Lyons. David and Samuel Mitchell are licensed to run the ferry from Camanche to Albany.
C
360
HISTORY OF CLINTON COUNTY.
The rates of ferriage are also fixed by the Board, whose powers seem almost as unlimited as their duties are diversified.
A tax of two and one-half mills is levied for Territorial purposes, and the County Assessor is allowed $35 in compensation for his labors for the year in assessing the property throughout the county.
The system of "investigations " which has made such a vigorous growth, and has become so much of a "governmental" institution in these modern times, had its germs in the early days, and this Board of Commissioners planted a small one when they passed a resolution that the Clerk is "required to request of Mr. George Griswold an explanation in regard to the sale, by him, of two copies of the Laws of the Territory." Diligent search of the records for further action on this important matter sheds no light. Whether the Clerk was authorized to send for " persons and papers," or whether this was a " white- washed " case which ended with the appointment of the "Committee," or whether the discomfiture of the Board at the result of their inquiry was entire, we do not know, but we have no hesitation, in the absence of information, to make our history-as all historians are said to do-by stating that we have no doubt that " Uncle George " gave a satisfactory explanation to the Argus-eyed conservators of the people's interests, which relieved him of any suspicion of "irregularity " or " salary grabbing.'
On the 6th of July, Samuel R. Murray was appointed Clerk in place of Mr. Monroe, who resigned, and the Board adjourned to meet on the 13th of the current month.
At the session convened July 13, 1841, the Board directed the issuing of bonds to the purchasers of lots in " Vandenburg," for the issuance of deeds, these bonds to be certified by the Clerk upon receipt of the notes of the pur- chasers.
The Clerk was ordered to notify John R. Sloan, of Camanche, that a prose- cution will be commenced against him " for retailing spirituous liquors" unless he applies for a permit.
James D. Bourne, Collector for Clinton County, makes his second settle- ment with the county as follows :
JAMES D. BOURNE, Collector of Clinton County, in account with said County :
DR
To amount of Tax List for the year 1841 $472 333
Territorial Tax ...
12 753
66
Assessed on Town Lots in Lyons. 45 41
46 Assessed by Collector and collected 8 16
Territorial Tax on Lyons Lots 2 27
Total $560 92
CR.
Amount of Delinquent Tax List
$ 36 67
46
" Excessive Tax 22 31
" Commissions on Amount Collected. 30 60
" Treasurer's Receipts 437 16
66
Receipts.
30 80
66
" Delinquent Tax. 1 72
$559 26
Oct. 4, 1842. Treasurer's Receipt
1 66
Total $560 92
The increase over the previous year shows that the tide of immigration is beginning to move, and the error of $20 in debit side, that man was liable to
361
HISTORY OF CLINTON COUNTY.
mistakes then as now, although more frequently, nowadays, the error is on the other side of the account with public officers.
The next session of the Board was held in October, 1841, at the usual place of meeting, the house of Samuel Doolittle, in Camanche, the culinary depart- ment of which was presided over by Miss Aubrey, whose memory is embalmed in the " stomachs " of her countrymen.
The first business which received the attention of the Board was the " county seat," and the following resolution was passed :
That the Hon. Thomas S. Wilson be notified that there are suitable buildings now erected at the town of Vandenburg, to accommodate the Court and suitors of the District Court for the County of Clinton, at the October Term, 1841.
These " suitable buildings " deserve a passing notice. They, or more prop- erly, it, was built by Loring Wheeler, Lyman Evans-who used to say that he organized the Democratic party of Clinton County on the head of a whisky- barrel at Camanche-Alvin G. Harrison and a few others, and the use of it was given to the county if they would hold the Court that fall in it, and as long as they chose to occupy it.
The building was built of basswood timbers, about thirty-two feet long and about twenty feet wide. It was divided into a court-room and a jury-room. It also had an attic story, and, in the language of an old settler, "here the jurors and witnesses, many of them, slept, bringing their blankets with them, doing their cooking outside and using the court-room for their common dining- hall." Uncle John Buhler, a German, officiated usually as cook for the crowd. He lived and died at Camanche, as also did his wife. His only child was a daughter, Sarah, who married John Dillon, and still resides there. He was an excellent cook, a jolly companion, and was a great favorite with everybody.
An incident connected with the moving of the county seat is thus related by Col. Lyman Evans : On going to Camanche preparatory to moving the county records and furniture, consisting then of a long table and a few books, the Colonel was met by John Buhler, a former landlord at Camanche, and asked by him, " Be you going to move him, the county seat ?" The Colonel said, "Yes, I thought I would." "Well," said Mr. Buhler, "take him along."
The attic was afterward completed and used for the court-room, and, as the business of the county was beginning to increase so as to make it inconvenient for the county officers to keep their offices in "their hats," a portion was devoted to their use.
Several bills are allowed to different individuals for services in surveying the " town of Vandenburg," and it is also
Ordered, That John R. Sloan be requested to deliver to James D. Bourne, Sheriff of Clinton County, the property belonging to the county, to wit : One long table, one platform and nine wooden benches, and that a copy of this order be served upon him forthwith.
Elijah Buel having been re-elected to the office of Commissioner, presented his certificate, and is sworn in for three years from August, A. D. 1841.
The bond of Charles Bovard, Justice of the Peace in Camanche, is approved.
We conclude that Mr. Sloan did not obey the order of the Board to deliver the property of the county, as on the 5th day of October it is ordered that an action be commenced against him for its recovery.
The following morning, the Clerk is directed by resolution to certify to the Postmaster General of the United States that the town of Vandenburg, for which there has been a petition that a post office be established at that place,
362
HISTORY OF CLINTON COUNTY.
is the seat of justice for Clinton County, and the same day, the Clerk is directed to transfer all books, papers and documents to the town of Vanden- burg within thirty days.
The next meeting of the Board was convened in regular session in January, 1842, at the new county seat, at the house of R. R. Bedford. The principal business of the session was that of allowing bills, among which was one to Martin Dunning for a desk and table for the use of the District Court, of $12.
The Clerk is instructed to give the proper election notices for the spring election, which is to be held on the first Monday of April, 1842, and at which township officers are to be elected, and to inform the voters of each township the extent of their boundaries.
Their next session is held in April, 1842, and bills are audited to William B. Watts, for transporting prisoners from Davenport to Camanche, and from thence to Bloomington (now Muscatine), from which it is inferred that the place of temporary confinement is at Davenport, and the State Prison at Bloomington.
Shubel Coy is appointed Treasurer of the county until the August election, or until a successor is elected and qualified. A petition is presented by Peter II. Groat for a road from Camanche in a direct line to Vandenburg. and the prayer of the petitioners was granted, and Joseph P. Brown appointed Surveyor.
The next meeting of the Board was convened as the record is, at De Witt, the county seat of Clinton County, in the Court House, July, 1842.
As will be observed, the name of the town had been changed. This was done by act of the Legislature at their session of 1841-42, in response to a petition of citizens who felt that it would be more in harmony with the original idea of doing honor to New York's honored citizen, De Witt Clinton, by giving his christened name to the capital as they had done his surname to the county. Loring Wheeler was appointed Clerk of the Board, Samuel R. Murray having failed to appear and qualify. Mr. Wheeler was also made the fiscal agent of the county to borrow of the Miner's Bank, at Dubuque, $200, to make a partial payment upon a note held by Stephen Weicks against the county, and "it is ordered that the faith of the county of Clinton be pledged for the payment of the same." It is understood that this indebtedness to Weick's was for the original capital with which the county went into business ; that is, the purchase of land and incidental expenses connected with their real estate business.
Some " omnibus bills " were passed, there being no veto power exercised, as will be seen by the following :
Ordered, That the sum of thirty dollars be allowed to Robert C. Bourne for one tin-plait stove and five days services as Commissioner at the present term.
Ordered, That the sum of eight dollars and sixty-two and a half cents be allowed Loring Wheeler for two days service as Clerk of this Board, and paper and quills furnished District Court."
Robert C. Bradford is appointed agent "to sell the lots in the town of De Witt, the county seat of said county, in accordance with an act of the Legisla- ture, approved February 17, 1842," and he is to receive five per cent for his services.
Elijah Buel is directed to procure a set of weights and measures for the county. Mr. Bourne settles with the county for the taxes of the year, which amount to $563.50}.
The Board hold their next session in October, 1842. ; George W. Parker having been elected at the August election, took his seat, the Board now being R. C. Bourne, Elijah Buel and George W. Parker. William L. Potts appears and files his bond as Clerk.
363
HISTORY OF CLINTON COUNTY.
Shubel Coy is allowed $10.50, percentage on his collections, which were $517.22.
Lyman Buck is allowed $21 for surveying twenty blocks in De Witt.
The citizens of Clear Creek petition that a township may be established with the following boundaries :
"Beginning at the mouth of Silver Creek, thence up said creek to the mouth of Clear Creek ; from thence up said creek to Abraham Folk's Mill ; thence westerly to the Wapsipinicon, so as to include fractional Township 81 north, Range 1 east, being that part of said township which is on the east side of said river, and from thence down said river to the place of beginning, and that said township shall be called Olive Township, and that the place of holding elections may be established at the house of Charles Dutton."
The petition was granted, to take effect April 1, 1843. It was further ordered that the township of Clear Creek from this time shall be called De Witt, and the elections shall be held at the Court House.
On January 1, 1843, the Board again assembled.
Samuel Weicks is allowed $300 for the amount due him for money lent to the county, and the interest thereon, and it is resolved that he be paid from the treasury of Clinton County, "with interest at the rate of 15 per cent per annum until paid."
The appointment of R. R. Bedford to sell lots in De Witt is rescinded, and Robert C. Bourne and Elijah Buel are authorized to do the county real estate business.
At the April term, 1843, Benjamin Lake and Eli Goddard were appointed to meet with the Assessor at De Witt, to assist him in placing a valuation upon all property assessed by him.
The Clerk is directed to advertise in the Davenport Gazette for proposals to build a Court House.
At the July term, 1843, Benjamin Lake is allowed $5 for drawing plans for the proposed Court House.
The contracts were let for the building. William Lawton was the con- tractor "for the brick walls and gable ends of a Court House," for $900. He also contracted to do the plastering for $292.50, but, at a special term, August 25th, the order for building the Court House was rescinded.
Zebulon Metcalf was appointed Recorder to fill a vacancy.
Loring Wheeler was appointed to sell the lots in De Witt, but he is instructed " that no lot must be sold for less than $10."
The amount of the tax list for this year was $579.32.
Samuel Doolittle, having been elected to the office of Commissioner, took his seat at the January session, 1844. During this and subsequent sessions the usual routine business was done, but of no especial interest for a work of this character.
At the October session, 1844, the township of Bloomfield was organized. " Commencing at the line of Clinton County and running south nine miles, and commencing at the west line of range two east, and extending to the east line of range three cast."
The election was ordered to be held at the house of R. Bagley.
A petition was also received from citizens of Liberty Township, asking that the south part of said township be erected into a new township, under the name of Rock Spring. It was ordered that Township 81 north, Range 1 east, be erected into a township to be called Spring Rock, and that the election be held at the house of Peter Goddard.
364
HISTORY OF CLINTON COUNTY.
At the January session, 1845, orders were drawn to the amount of $58, to different parties, for fifty-eight wolf scalps, and for a number of years the records of the Board are quite largely devoted to " wolf-scalp reward " entries.
At this session the "license question " came up again, like "Banquo's ghost." The license for selling spirituous liquors was raised to $100, but, after a night's reflection, the Board rescinded this action and placed the license fee at the original figure, $25.
Samuel R. Murray had been appointed Probate Judge, but having died on October 6, 1845. J. S. Stowrs was appointed to fill the vacancy.
Lorenzo D. Dutton was appointed Assessor. George Churchill having failed to qualify.
The tax list of 1845 was $932.73.
At the January session, 1846, Mathew A. Harrington took his seat as one of the Commissioners.
In answer to a petition, all the inhabitants " west of Brophy's Creek, includ- ing Center Grove, be attached to the township of De Witt." At the April term, 1846, the township of Olive was divided. The new boundaries were as follows : " Beginning on the Waubesepinicon River one hundred and sixty rods west of range line dividing ranges two and three, and that the east part thereof be known as the township of Union."
The restriction upon the fiscal agent against his disposing of lots in De Witt at less than $10 per lot was rescinded.
At the July session, 1846, Lorenzo D. Dutton was allowed $42 for assessing the county. William E. Leflingwell was allowed $70 for his services as Prosecuting Attorney from December, 1845, to July 1, 1846, which would indicate that this office paid the munificent salary of $140 per annum.
Samuel Wick was allowed $16.82 for receiving and disbursing the county revenue.
At the August session, 1846, it was ordered that a tax of three mills on the dollar be levied for a school tax on all the real and personal property in the county. This is the first record of a school tax that appears, such schools as had been established having been supported by the private contributions or tuition fees of their patrons.
A petition was presented by citizens of Camanche praying that the county pay for 2,000 feet of plank, to build a bridge across Welch's Creek, but the Board declined to incur the expense.
At the January session, 1847, John Cotton took his seat as one of the Board, that body now consisting of George W. Harlan, M. A. Harrington and John Cotton, and John P. Soliss, Clerk.
James D. Bourne is allowed $80 as his Sheriff's fees from January 1, 1846, to January 1, 1847, and for posting notices for three elections and summoning grand and petit jurors for the October term of the District Court, which, as compared with the present allowances, would indicate that the criminal business was not large, or that the officials of that time were satisfied with quite reason- able, if not, indeed, meager fees for their services.
At this term, " wolf-scalp " business was flourishing.
A public sale of lots in De Witt is ordered to be held on the first Monday in February, 1847, " for cash, one-half payable in six months and one-half in twelve months from the day of sale."
A session of routine business was held in April, 1847, and Thomas F. But- terfield was the Clerk.
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365
HISTORY OF CLINTON COUNTY.
At the July session the rate of taxation was fixed as follows : "Four mills for county purposes, two mills for State purposes, one mill for school purposes and twelve cents on a hundred dollars for road purposes."
At the October session, 1847, Daniel Smith took his seat as one of the Board, and Mr. Butterfield was continued as Clerk. L. D. Dutton was appointed agent for the sale of lots in De Witt at the public sale in February, " and that the moneys arising from the sale be applied on an order which he, the said Dutton, holds against the county in favor of Samuel Wicks, deceased."
The usual sessions were held during the year, and at the September term, 1848, R. R. Benedict became a member of the Board.
The regular sessions were held during the year, and the usual routine busi- ness transacted.
At the October session, 1849, Amasa Nims took his seat, the Board now being Daniel Smith, Amasa Nims and R. R. Benedict.
At the January session, 1850, a deed of Lots 1 and 2, in Block 31, in De Witt, was made to the Trustees of the Congregational Society, in consideration of $1, and that they should build a church edifice thereon. The deed was exe- cuted to E. B. Humiston and Mr. Goff, April 23, 1853.
At the same session, a deed was also ordered made to the Baptist and Christian Churches upon the same conditions, of Lots 4 and 5 in Block 14, and a frame building was erected thereon, and occupied as a Union Church, court-room and concert hall. It was thus occupied for many years.
At the July term, 1850, the matter of a new Court House is again agi- tated, and John Cotton, James D. Bourne and Thomas F. Butterfield were appointed a committee to build a Court House, and an appropriation of $2,000 is made, to be paid out of the county funds whenever the citizens of said county shall subscribe $1,500 to assist in building it. The building was to be 36 feet wide and 45 feet long; to be of brick with stone foundations. The $2,000 is to be paid in county orders of $20 each, one-fourth to be issued when the $1,500 is subscribed, one-fourth when the foundation is commenced, and the balance to be drawn as the committee shall see fit.
At the October session, 1850, the members of the Board are Amasa Nims, Boughton Roscoe and R. I. Jencks; Mr. Butterfield still acting as Clerk.
By an act of the Legislature of January 15, 1849, John M. Whitaker, of Van Buren County, William H. Morrison, of Dubuque County, and Robert Brown, of Jefferson County, were appointed agents to select the remaining school lands granted to the State of Iowa by the General Government, after which the Trustees of the several townships, in accordance with Section 1044 of the Code of Iowa, had proceeded to an examination and appraisement of these school lands. At the January session of the Board in 1851, numerous orders were issued to these Trustees for their services in viewing and allotting the school sections in the various townships.
At the April term, 1851, it was ordered that Township 83 north, Range 1 east, be cut off from all or any townships to which it may have been attached, and that it be called Sharon, and that the election be held at Abram Frank's.
That Township 82 north, Range 5 east, and the east half of Township 82 north, Range 4 east, and the northeast quarter of Township 81 north, Range 4 east, and all of Township 81 north, Range 5 east, which is north of Sections 19 and 20 and west of Brophy's Creek, and all north of Sections 16, 15, 14
366
HISTORY OF CLINTON COUNTY.
and 13 in said township, are set off as a township, to be called Center, and an election is to be held in June, at the house of Jacob Leppers.
The price of town lots does not seem to advance rapidly at the " seat of justice," notwithstanding the prospect of the erection of new county buildings and the permanent abiding of the county seat, as lots are selling at from $6 to $12 per lot.
At the July session, 1851, the rate of taxation is fixed as follows: For State purposes, 3 mills ; for county purposes, 6 mills ; poll tax, 50 cents ; school tax, 1 mill ; for road purposes. every person liable to pay a county poll tax shall pay $2, and 1 mill shall be levied for roads and bridges.
The final meeting of the Board of Commissioners was convened August 9, 1851. the commissioner system having been legislated out of existence, and their powers and duties vested in a County Judge.
Aylett R. Cotton had been elected as the first incumbent in this newly- created position, and organized his court on the 12th day of August, 1851.
The Court opened for business on the morning of the 13th, and the first proceeding was the issuance of a marriage license to Dr. A. L. Ankeny and Miss Valeria M. Perrin. Two days after a license was issued for the marriage of Joseph D. Fegan and Anna Potts.
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