USA > Iowa > Des Moines County > The history of Des Moines county, Iowa, containing a history of the country, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers > Part 46
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"This resolution was adopted by a vote of 12 to 10, and Bankson, Hall, Summers, Taylor and Nowlin were appointed the Committee. The Committee, after due deliberation, made their report, requesting the President, for various reasons, to remove the Governor from his office.
" There was a majority in both branches of the Legislature who were opposed to the Governor, and the memorial was adopted and forwarded to the President.
"In these proceedings, the Governor was not without some friends who strongly opposed the adoption of the report of the committee, and they claimed the privilege ' to forward a counter-memorial to the President on the same sub- ject, and to spread their protest on the journal of the House ; ' but their request was refused, when eight of the members of the House, in their private capacity, got up a protest, in which they reviewed the memorial, and denied or explained most of the charges preferred against the Governor, so that from the protest, or some other cause, President Van Buren did not see proper to remove the Gov- ernor form his office, and he held it until there was a change in the administra- tion of the Federal Government. The difficulties which had arisen between Gov. Lucas and the Legislature, from his too frequent use of the veto power, and the complaints made by the latter, induced Congress to make some amend- ments to the law organizing the Territory ; and on the 3d day of March, 1839, they passed two acts, by which it was provided that every bill passed by the Council and House of Representatives should be presented to the Governor, and if he approved it, the same should become a law; if not, he should return it with his objections to the House in which it had originated, for reconsideration, . and if both branches of the Legislature passed it by a two-thirds vote, it should then become a law without the approval of the Governor. They also made pro- visions for authorizing the Legislature to pass laws permitting the people to elect Sheriff's, Judges of Probate, Justices of the Peace and County Surveyors.
" There was likewise a law passed authorizing the Delegate (William W. Chapman), who was elected at the time of organizing the Territory, as Repre- sentative to Congress, to hold his scat till the 11th day of October, 1840, and made provision that the next Representative, after Chapman's term expired, should only hold his seat till the 4th of the next March, after which the term should be the same as other Members of Congress-for the period of two years.
" The Legislature was not slow in taking advantage of these acts of Con- gress, for at their next session about the first thing that claimed their attention was to make provisions authorizing the people to clect their Sheriff's, Judges of
397
HISTORY OF DES MOINES COUNTY.
Probate, Justices of the Peace and County Surveyors ; and by these acts the Governor was very much curtailed in his power and influence in the Territory."
RE-ESTABLISHMENT OF DES MOINES COUNTY.
Having thus given an outline of the general history of the Territory of Wisconsin, at its earliest period, we take up the thread of Des Moines County records.
The Territorial Legislature, at Burlington, passed a bill, which was approved January 18, 1838, re-establishing the boundaries of the five original counties [p. 210 Session Laws Wis. Ter. Leg., Burlington, 1838]. Hereafter is quoted the bill in full, because of the scarcity of the old records. It may prove of value for reference in days to come :
An act to establish the boundaries of Lee, Van Buren, Des Moines, Henry, Louisa, Muscatine and Slaughter, to locate the seats of justice in said counties, and for other purposes :
SECTION I. Be it enacted by the Council and the House of Representatives of the Territory of Wisconsin, That the boundaries of Lee County shall be as follows, to wit: Beginning at the main channel of the Mississippi River, due east from the entrance of Skunk River into the same, thence up said river to where the township line dividing Townships Sixty-eight and Sixty- nine north leaves said river; thence with said line to the range line between Ranges Four and Five west; thence north with said line to the township line between Townships Sixty-nine and Seventy north; thence west with said line to the range line between Ranges Seven and Eight west; thence south with said line to the Des Moines River: thence down said river to the mid- dle of the main channel of the Mississippi River; thence up the same to the place of beginning, and the seat of justice is hereby established at the town of Fort Madison.
SEC. 2. The boundaries of the county of Van Buren shall be as follows, to wit: Begin- ning on the Des Moines River, where the range line between Ranges Seven and Eight inter- sects said river; thence north with said line to the township line dividing Townships Seventy and Seventy-one north; thence west with said line to the range line between Ranges Eleven and Twelve west; thence south with said line to the northern line of Missouri; thence east with said line to the Des Moines River; thence down said river to the place of beginning, and the seat of justice of said county is hereby retained at the town of Farmington, until it may be changed, as hereinafter provided. For the purpose of permanently establishing the seat of justice for the county of Van Buren, the qualified electors of said county shall, at the election for County Commissioners, vote by ballot for such places as they may see proper for the seat of justice of said county. The returns of said election shall, within thirty days thereafter, be made by the Sheriff of the county to the Governor of the Territory, and if, upon examination, the Governor shall find that any one point voted for has a majority over all other places voted for, he shall issue a proclamation of that fact, and the place so having a majority of votes shall, from the date of such proclamation, be the seat of justice of said county. But if, upon an examination of the votes, the Governor shall find that no one place has a majority of the whole number of votes polled on that question and returned to him, he shall issue a proclamation for a new election in said county, and shall state, in his proclamation, the two places which were highest in vote at the preceding election, and votes at the election so ordered, shall be confined to the two places thus named. The Governor shall, in his proclamation, fix the time of holding said second election, and it shall be conducted in the same manner, and by the same officers as conducted the election for County Commissioners ; and the Sheriff of the county shall, within thirty days thereafter, make return of said second election to the Governor, who shall thereupon issue a second proclamation, declaring which of the two places named in first proclamation was the highest in vote at such second election, and declaring said place from that time to be the seat of Justice for Van Buren County, provided that the spring term of the District Court for said county shall be held at Farmington, the present seat of justice of Van Buren County.
SEC. 3. The boundaries of Des Moines County shall be as follows, to wit : Beginning at the northeast corner of Lee County ; thence west with the northern line of said county to the range line between Ranges Four and Five west ; thence north with said line to the township line dividing Townships Seventy-two and Seventy-three north ; thence east with said line to the middle of the main channel of the Mississippi River; thence down the same to the place of beginning; and the seat of justice of said county is hereby established at the town of Burlington.
SEC. 4. The boundaries of Henry County shall be as follows, to wit : Beginning on the range line between Ranges Four and Five west, where the township line dividing Townships Seventy- three and Seventy-four north intersects said line ; thence west with said line to the range line between Ranges Eight and Nine ; thence sonth with said line to the township line dividing Town- ships Seventy and Seventy-one north ; thenceeast with said line to the range line between Ranges Seven and Eight west ; thence south with said line to the township line dividing Townships Sixty-
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HISTORY OF DES MOINES COUNTY.
nine and Seventy north ; thence east with said line to the range line between Ranges Four and Five west ; thence north with said line to the place of beginning ; and the seat of justice of said county is hereby established at the town of Mount Pleasant ; and all the territory west of Henry is hereby attached to the same for judicial purposes.
SEC. 5. The boundaries of Louisa County shall be as follows, to wit : Beginning at the north- east corner of Des Moines County ; thence west to the northwest corner of said county ; thence north with the range line between Ranges Four and Five west to the township line dividing Townships Seventy-five and Seventy-six north; thence east with said line to the Mississippi River ; thence down the same to the place of beginning ; and the seat of justice of said county is hereby established at the town of Lower Wapello.
SEC. 6. The boundaries of Muscatine County shall be as follows, to wit: Beginning at the northeast corner of the county of Louisa; thence west with the northern line of said county, to the range line between Four and Five west; thence north with said line, to the township line dividing Townships Seventy-eight and Seventy-nine north; thence east with said line, to the range line between Ranges One and Two east; thence south with said line to the Mississippi River: thence down the main channel of the said river to the place of beginning; and the seat of justice of snid county is hereby established at the town of Bloomington.
SEC. 7 The county included within the following boundaries, to wit, beginning at the north- east corner of the county of Henry ; thence west to the northwest corner of the same; thence north to the township line dividing Townships Seventy-six and Seventy-seven north; thence enst with the said line to the line between Ranges Four and Five west; thence south with the said line to the place of beginning, is hereby set off into a separate county by the name of Slaugh- ter, and the seat of justice of said county is hereby established at the town of Astoria; and all the territory west is hereby attached to the county of Slaughter for judicial purposes.
SEC. 8. That the several counties hereby established shall liquidate and pay so much of the debt, as was due and unpaid by the original county of Des Moines, on the first day of December, eighteen hundred and thirty-six, as may be their legal and equitable proportion of the same, according to the assessment value of the taxable property therein.
Approved, January 18, 1838.
It will be seen that the natural southern boundary of Des Moines was not regarded, and township lines were chosen as the dividing lines. The present division at Skunk River was a more recent matter, as will hereafter be shown.
On the 29th of December, 1838, the Territorial Legislature approved of an aet providing for the establishment of a road from the " town of Du Buque to the northern boundary of Missouri, via of the Territorial seat of government," which was Burlington. It was either to be located in Johnson County, or on the nearest and best route to Keosauqua, thence southward to where Keokuk now stands. Simeon Clark, of Dubuque County, William Chambers, of Mus- catine County, and Henry Filkner, of Johnson County, were appointed Com- missioners to lay out the road as far as the southern line of Johnson County ; and David Goble, of Washington County. John Williford, of Henry County, and William Billups, of Van Buren County, were appointed to locate the road from the point where the other Commissioners stopped, to the line of Missouri. The County Commissioners of the several counties through which the road passed were to pay the expenses in their respective proportions to the amount of the road laid out in each. The Road Commissioners were to receive each $2.50 per day for their services, and were to mark the road as it was laid out by blazing trees in the woods and setting stakes in the prairies.
January 18. 1838, Levi Moffit was authorized to maintain a ferry across Skunk River, near Augusta.
THE EARLY COURTS.
The first judicial tribunal ever convened in old Des Moines County assembled at the house of William R. Ross, in Burlington, on Monday, the 13th day of April, 1835. Present : William Morgan and Young L. Hughes, Justices. These gentlemen were a part of the judicial bench selected under the first election, held in pursuance of an order by the Governor of Michigan Territory. The third Justice was John King, of Dubuque.
399
HISTORY OF DES MOINES COUNTY.
William R. Ross was the Clerk of the Court. William W. Chapman was appointed United States Prosecuting Attorney, and took his office. The fol- lowing persons were summoned to appear as grand jurymen : Thomas W. Tay- lor, George Southward, John Roberts, Hugh Wilson, David C. Hunter, John M. Forrest, Jacob Westfall, James Hatcher, Mathew W. Latty, James Dawson, Solomon Osburn, William Deakins, John Chandler, Francis Redin, Henry Walker, Daniel Chance, Arthur Inghram, Enoch Wade, Jonathan Morgan, George Leebrick, Jeremiah Smith. The Sheriff reported that he had served the required notice on all the foregoing, except John Roberts and George Southward. On the day of Court, the following jury was impaneled : Arthur Inghram, Foreman ; Hugh Wilson, David C. Hunter, James Hatcher, Mathew W. Latty, James Dawson, Solomon Osburn, William Deakins, John Chandler, Francis Redin, Daniel Chance, Enoch Wade, Jonathan Morgan, George Leebrick and Jeremiah Smith.
The first victim was John Tooper, who was fined $3 and costs for "reasons satisfactory to the Court," but not now shown, and he was put in durance vile from lack of funds.
John M. Forrest, Henry Walker, Thomas W. Taylor, John Box and Nathaniel Knapp were ordered to appear at the next term of Court and answer to a charge of contempt, for failing to respond to the summons to appear as grand jurors.
THE FIRST FERRY.
On the 14th day of April, 1835, being the second day of the first session of Court ever held here, Amzi Doolittle and Simpson S. White were licensed to keep a ferry, at Burlington, across the Mississippi. The rates of ferriage were as follows :
One horse and carriage, or wagon. 50 cts.
For each person or horse.
25
For each footman. 182
For two-horse wagon, or yoke of oxen and wagon .. 75
For each additional horse or ox 12}
For each head of neat cattle ..
61 4
For each head of hogs, sheep, goats, sucking pigs excepted.
3 4
All children belonging to the wagon free of ferriage.
Three hands ordered to each ferry-boat and banisters required. The boat to run from sunrise to half after sunset. No person to be detained longer than thirty minutes.
The Court also licensed John Box to establish a ferry across the river at Fort Madison.
James Gipson (probably Gibson) was licensed to keep a ferry across Skunk River, "at his premises."
THE FIRST DIVORCE CASE.
The case of William Wade vs. Abigail Wade, suit for divorce, was decided in favor of the complainant, by default.
April 15, James C. Dinwiddie was authorized to maintain a ferry across the Mississippi River, at his claim, on the same terms as those granted Doolittle and White. Paris and Anderson C. Smith were accorded like privileges.
THE FIRST PETIT JURY
was impaneled on the 15th of April, and was composed of the following : William Walter, Henry Parish, Jonathan Casterline, Benjamin Simmons, Robert H. Ives, Samuel Kinney, Thomas Boemer, Daniel Strang, Amos Dun- ham, Benjamin Tucker, Levi Scott, Isaac Crenshaw, Samuel Lewin, James
400
HISTORY OF DES MOINES COUNTY.
McDowell, Lewis Walters, John Lewin, Harrison Brooks, Isaac Canterberry, Alexander Hilleary, Jesse Hunt, Nicholas R. Teas, Samuel Smith, Riley Dris- col and Israel Philips.
Numerous indictments were returned for assault and battery, adultery, etc., some of the parties were fined.
Matrimonial infelicity was not uncommon in those early days, evidently, since Jeremiah Cutbirth was divorced from his wife Mary; also Salina Dotson from her husband William ; and Anna Turner from her husband Hickman.
The Sheriff, at that time, was Solomon Perkins, and Z. C. Inghram, deputy.
The September term began on the 14th of that month. J. B. Teas was sworn in as Prosecuting Attorney.
Isaac Leffler was that day admitted to practice as an attorney. Robert R. Williams, Sidney H. Littell, James W. Woods, W. W. Chapman, were ad- mitted to practice.
The first acknowledgment of a deed is here mentioned. E. Boishnell and wife deeded property to M. F. and E. Tesson, in open court.
Indictments for riot, assault and battery, and the granting of ferry privi- ileges across the Mississippi, filled the pages of the records at this session.
THE FIRST MURDER TRIAL.
James P. Dinwiddie was the first man indicted in the county for murder. He was tried September, 1835, before the Court and the following jury : Hiram P. Casey, William Carpenter, Richard T. Land, Claiborn Wright, Reuben Chance, William Walters, Jonathan Farris, John Harris, Isaac Crenshaw, Royal Cottle, David G. McKnight, Jonathan Donnell, and was acquitted.
A NEW BENCH.
The April session of this Court, which convened on the 11th day of that month, 1836, found a new bench. Isaac Leffler, Chief Justice; Arthur Inghram and Henry Walker, Associate Justices ; W. R. Ross, Clerk ; W. W. Chapman, Prosecuting Attorney.
David Rorer was was admitted to practice at this term.
The business of this session was of a character not to interest the general reader of to-day, nor does it form an important part in the history of the county.
THE COURT UNDER WISCONSIN TERRITORY.
The first session of United States District Court for the county of Des Moines, Wisconsin Territory, convened at Burlington April 3, 1837. Hon. David Irvin, Judge of the Second Judicial District, and Associate Justice of the Supreme Court of Wisconsin, on the bench ; W. W. Chapman, District Attorney ; W. R. Ross, Clerk; Francis Gehon, Marshal.
The first United States grand jury under this system was composed of the following : Jesse B. Webber, Mathew W. Latty, George Leebrick, Isaac Can- terberry, Abraham Sells, Sulifand S. Ross, George W. Hight, Michael C. Har- ris, Stephen Gearhart, Jonathan Morgan, Israel Robinson, James G. McGuffie, David R. Chance, John Darbyshire, James Hatcher, Royal Cottle, Richard Land. The jury found no indictments and was discharged.
On motion of James W. Grimes, Robert R. Williams was admitted to practice.
The first district grand jury was composed of the following: George W. Hight. Foreman : George Leebrick, M. W. Latty, Abraham Sells, James HIatcher, L. Maxwell, Isaac Canterberry, Stephen Gearhart, Richard Land, M.
401
HISTORY OF DES MOINES COUNTY.
C. Haines, Isaac Basy, William Stewart, J. G. McGuffie, J. A. Lewin, John Moore and Robert Chalfin.
The Court ordered that the temporary seal of the Court for Des Moines County should be the impression of the reverse side of a United States dime, made in wafer and covered by thin paper.
On motion of David Rorer, a license was granted Jeremiah White to main- tain a ferry across the river.
FIRST STEAM FERRY.
On motion of W. W. Chapman, the Court ordered that a license be issued to David James, for the establishment of a steam ferry across the river from Burlington. The rates were like those given in the account of the original ferry.
At the June session, 1838, before Judge Irvin, John Ross, a native of Don- nock, Scotland, and John Cameron, a native of Lochaber, Scotland, were nat- uralized as citizens of the United States.
John S. Dunlap was appointed Deputy Clerk.
THE COURT UNDER IOWA TERRITORY.
The first session of the United States District Court for Des Moines County, Iowa Territory, assembled in Burlington, November 26, 1838. The Court con- sisted of Hons. Charles Mason, T. S. Wilson and J. Williams. Hon. Thomas S. Wilson, Associate Justice of the Supreme Court, on the bench ; John S. Dunlap, Clerk ; Alfred Rich, District Attorney.
The first grand jury under this Court was composed of the following per- sons : Alfred Clark, Foreman; Henry Moore, Thomas Ballard, Alexander Hilleary, Samuel B. Jagger, William Smith, James A. Ogle, John Pierson, Daniel Duvall, Daniel Lewis, John Wort, Henry Sublette, Wiley Ballard, Benjamin Tucker and Henry Parish.
JUDGES, CLERKS, ATTORNEYS AND SHERIFFS.
Under the State Constitution of 1846, the judiciary of the First District, which was composed of Des Moines, Henry, Lee and Louisa Counties, was as follows: 1847, George H. Williams; 1852, Ralph P. Lowe; 1857, John W. Rankin (by appointment for short term); 1857, Thomas W. Clagett; 1858 (under Constitution of 1857), Francis Springer; Judge Springer resigned in October, 1869, and was succeeded by Joshua Tracy ; 1874, Judge Tracy resigned and was succeeded by P. Henry Smyth ; September, 1874, T. W. New- man; 1879, A. H. Stutsman.
CIRCUIT COURT.
1869, John C. Power; 1873, J. B. Drayer; 1878, Charles H. Phelps. District Attorneys .- 1858, Joshua Tracy ; 1869, Francis Springer ; 1870, G. B. Corkhill; 1871, D. N. Sprague; 1879, T. A. Bereman.
Clerks .- 1835, William R. Ross ; 1838, John S. Dunlap ; 1847, Oliver Cock ; 1850, Oliver C. Wightman ; 1852, Denise Denise ; 1854, A. J. Mes- senger ; 1860, John Lahee; 1862, William Garrett ; 1874, T. G. Foster.
Prosecuting Attorneys .- 1835, W. W. Chapman ; 1835, J. B. Teas ; 1836, W. W. Chapman ; 1838, Alfred Rich ; 1841, William R. Starr; 1842, H. T. Reid; 1843, L. D. Stockton; 1846, J. C. Hall; 1847, James W. Woods; 1848, David Rorer ; 1852, Charles H. Phelps ; 1854, C. Ben Darwin ; 1854, Charles H. Phelps ; 1856, C. B. Darwin. In 1858, the office became a Dis- trict one.
402
HISTORY OF DES MOINES COUNTY.
Sheriffs .- 1835, Solomon Perkins; 1840, James Cameron ; 1844, J. M. McKenny ; 1846, Anthony W. Carpenter; 1850, Edward H. Ives ; 1853, William Garrett; 1857, Allen J. Hillhouse ; 1861, M. Heisey ; 1865, Alex- ander S. Perry ; 1867, James H. Latty; 1872, William Schaffner.
THE COMMISSIONERS' COURT.
The first business transacted by the county, after its formal organization in 1837, was by a Board of Commissioners. These officers corresponded to the present Board of Supervisors. The Board was composed of Gen. George W. Hight and Jonathan Morgan. W. R. Ross was Clerk, as well as Clerk of the District Court, Assessor and Treasurer. The original record-book cannot be found, but no specially important business was done, if the memory of several old settlers can now be relied upon. The county was kept free from debt. The Board, in 1839, consisted of George W. Hight, John D. Wright and Richard Land. The first record begins June, 1840. In 1840, at the June session, the Board consisted of John D. Wright, Richard Land and George W. Hight ; J. S. Dunlap, Clerk.
At that session, John N. W. Springer and Comfort Barnes contracted for the erection of a County Jail.
The place of holding Court was the Methodist Church, and the Board ordered the payment of $35 to the Trustees thereof for the use of the building for the last session of the District Court.
At the October session, in 1840, George W. Hight, John Wright and Jona- than Morgan were the Commissioners, the latter having been chosen to succeed Richard Land. A special meeting was held for the purpose of allowing Springer and Barnes $150 for digging a public well in Burlington.
January 4, 1841, Levi Scott succeeded John D. Wright, and the Board con- sisted of Jonathan Morgan, George W. Hight and Levi Scott.
TOWNSHIPS ORGANIZED.
At the January session, 1841, Burlington Township, composed of fractional Towns Nos. 69 and 70 north, Range 2 west, was organized. Also, the follow- ing : Union Township, composed of Town 69 and fractional Town 68, Range 3. and Town 68, Range 2; Augusta Township, composed of fractional Town 69, Range 4, and 69, Range 5; Danville Township, composed of Town 70, Range 4; Flint River Township, composed of Town 70, Range 3; Tamey Township, composed of Town 71, Range 2; Franklin Township, composed of Town 71, Range 3; Pleasant Grove Township, composed of Towns 71 and 72, Range 4, and Yellow Springs Township, composed of Town 72, Range 3, Town 72, Range 2, and fractional 72, Range 1. All previous acts of organization were repealed at that date.
July, 1841, Tamey Township was renamed, and called Benton Township.
At the October session, 1841, Jeremiah Lamson succeeded Levi Scott on the Board, making it Messrs. Hight, Morgan and Lamson.
August, 1842, the Board consisted of Jonathan Morgan, William Edmund- son and Luke Palmer ; Presley Dunlap, Clerk.
The Board rented the M. E. Church building for 1843, for the sum of $100, and $100 addition to be paid for use of two basement rooms. This was for District Court purposes.
In 1843, the Board was composed of Jonathan Morgan, John Ripley and Luke Palmer.
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