USA > Iowa > Fayette County > The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c. > Part 41
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355
HISTORY OF FAYETTE COUNTY.
Ordered, Whereas. a petition has been presented to the Board that a road be granted, to commence at the quarter post on the west side of Section 18, Township No. 93 north of Range 8 west, running east to the quarter stake on the east side of Section 17, of the, same town and range ; thence, in the nearest or best route, to or near the quarter stake on the west side of Sec- tion 15, in township aforesaid ; thence east, to the road leading from West Union to Light Settle- ment ; thence north on the same road eighty rods; thence east, on the most feasible route, to intersect the Elkader road, on Section 6, Township No. 93 north of Range 7 west ; and that Nich- olas Russell, Thomas Woodle and Harrison Butler be appointed Viewers on said road, to meet at the house of Thomas Woodle on the 6th of May, 1851.
Ordered, Whereas, a petition has been presented to the Board, and bonds given, that a review be granted on a road from Auburn to the old Mission road ; and that a road be granted from there to the county line of Fayette and Winnesheik Counties, at or near the Section corners of 3 and 4, Township No. 95 north, of Range 9 west; and that Edwin C. Waters, Joseph W. Fos- ter and Lysander Hopkins be appointed Viewers on said road, to meet at Earll's mill, on the 12th day of May, 1851.
Ordered, Whereas, a petition has been presented to the Board that an election be held on the 8th of May, 1851, for electing township officers in and for the Township of Clermont ; Judges of Election : J. B. Hough, A. Palmer and C. Packard. .
April 9, 1851 :
Ordered, Whereas, a petition has been presented to the Board that a road be granted, to commence at or near Nicholas Russell's, on the road leading from Elkader to West Union ; thence, in the nearest and best route, to the northeast corner of Section 4, Township No. 92 north of Range 7 west ; thence to follow the section line between Sections 3 and 4 one-half mile; thence, in the nearest and best route, to the northeast corner of Sections 22 and 23; thence, in the nearest and best route, to intersect the road running from Independence to the county line between Buchanan and Fayette Counties, at or near Buffalo Grove ; and that Nicholas Russell, Jacob Gwin and David King be appointed Viewers on said road, to meet at the house of Nicho- las Russell on the 19th of May, 1851.
On the same day, April 9, the Commissioners ordered that certain parties should receive pay for certain services ; although, how these sums were to be paid without money in the treasury was a question that did not trouble the county fathers. County Orders were easily drawn.
Ordered, That Richard R. Richardson receive the sum of $20.00, for his services as Organ- izing Sheriff.
Ordered, That Joseph W.Foster receive the sum of $55.25, for money expended and services rendered as School Fund Commissioner.
Ordered, That John M. Gay receive the sum of $5.00, for services rendered to Fayette County as Surveyor.
At the same session, the following orders were passed for
TOWNSHIP ELECTIONS :
Ordered, That an election be held on the 5th of May, 1851, in the township of Fairfield, for the purpose of electing township officers in and for said township ; and that David King, Henry H. Baker and Daniel Finney be appointed Judges of such election.
Ordered, That an election be held on the 5th of May next, in the township of Auburn. for the purpose of electing township officers ; and that Oliver A. Brown, James Austin and James B. Earll be appointed Judges of Election.
Ordered, That an election be held on the 5th of May next, in the township of Westfield, for the purpose of electing township officers; and that Harvey W. Light, Chauncey Brooks and Stephen H. Ludlow be appointed Judges of the election.
The following is the first order of the Commissioners that indicates the exist- ence of a County Treasurer, also that the county had secured copies of the field notes of Fayette County. It was passed July 8, 1851 :
Ordered, That Ebenezer Piper receive the sum of $16.50 for money expended for the field notes of Fayette County, to be paid out of the first money in the Treasury not otherwise appro- priated.
356
HISTORY OF FAYETTE COUNTY.
APPRAISAL OF TOWN LOTS.
The following order fixing a price for town lots in West Union, passed July 8. by the Commissioners, shows the value placed upon this kind of property in 1851:
Ordered, That the following town lots belonging to the county, situated in the village of West Union, be appraised at the several sums set opposite their respective numbers :
Block 2, lots 1, 2 and 3
$10 00
Block 19, lots 9. $ 6 00
4,
1 and 3
12 00
3, “
1 and 3 12 00
..
7, 1" 4
13 00
66
6, 6
3
13 00
10, 66 13 and 14
15 00
8.
1
12 00
15 00
9,
2
15 00
66 13,
66
14
" 1, 2 and 8
12 00
.. 18,
66
10 5 00
5
12 00
10 and 11
10 00
66 19,
. .
19,
" 12
8 00
66
5. 10 00
.6
3,
6.
4
12 00
..
12 00
66
6,
12 and 13
15 00
12 00
..
7, 7
15 00
19, 6 ..
I2 00
A DONATION.
On the 8th day of July, 1851, in consideration of one dollar, William Wells and his wife, Eliza, deeded to the County Commissioners, for the use of the county, seven acres of land adjoining the town plat, upon the condition that the proceeds should be appropriated to the erection of county buildings in the town of West Union. The donation was accepted, as shown by the following order, which also seems to indicate the existence of a County Surveyor :
Ordered, That the seven acres adjoining the town plat of West Union, and deeded to Fayette County by William Wells, commencing at the southwest corner of the town plat, running north 30 rods, thence west 37} rods, thence south 30 rods, thence east 37} rods, until it reaches the point of conmencement, be surveyed into eight lots, with an alley thirty-three feet wide running north and south, said survey to be made by the County Surveyor by the 19th of the present month.
SALE OF LOTS ORDERED.
Ordered, That the lots belonging to the county, situated in the town of West Union, be sold at public sale on the 28th of July, 1851, said sale to be held at West Union.
The sale took place as ordered, and several were sold at prices generally ranging higher than the appraisal, as appears from the following, passed July 29, 1851.
Ordered, Whereas, the following named lots in the town of West Union, belonging to Fayette County, have been sold to the persons whose names are connected with the respective lots, and bonds given and notes taken on one year's credit from date, drawing ten per cent. interest, the Needs to be made when the notes are paid :
Block 9, lot
66 4, “ 1 and 2. $12 25 24 50
Edwin Smith.
6, “
12 15 25
David Wells.
66
6,
3. 15 12}
William Felch.
7,
1. 13 12} Elisha Eglston.
66 7, 64
3 13 124
11 123
Eli Root.
Gabriel Long. 66
..
18, 66
66 18, 10. 8 25
Thomas Woodle.
66 18,
12. 12 25
Harvey S. Brunson.
66 18,
13. 12 25
66
19, .6
5. 12 25
William Slothower.
19,
10.
12 25
George W. Neff.
66 19, “ 11 and 12.
20 37}
Elisha C. Sooy.
66 8, “
1.
.6 18, «
8. 12 60
9. 8 25
Stephen Reeves.
William Felch.
19. 3 2, 4, 7, 3 and 3 .. ..
18, 9. 8 00 18, 12, 13, 14, 15 and 16. 10 (0
18,
357
HISTORY OF FAYETTE COUNTY.
MISCELLANEOUS ITEMS.
The First Tax .- The last act of the County Commissioners was the levy of the first tax and was recorded July 30, 1851. as follows :
Ordered, That the per cent. on the assessment be levied for county, six mills on the dollar, for State, three mills ; for road, two mills; school, one mill.
The Board then adjourned sine die.
The County Judye System .- By chapter 15, of the Code of Iowa, approved February 5, 1851, County Commissioners' Courts were abolished, and the office of County Judge created. By this law, the County Judge was invested " with the usual power and jurisdiction of County Commissioners and Judge of Pro- bate, and to be elected at the first election holden in August after the statutes had been in force thirty days."
On the first Monday in August, Thomas Woodle was elected County Judge, J. W. Rogers, Clerk of the District Court; George W. Neff, Sheriff; G. A. Cook, Recorder and Treasurer, Presumably a Surveyor was elected, but there are no records to give his name .* Dr. J. N. B. Elliott was appointed Deputy Recorder, and the first records of deeds were made by him.
THE COUNTY COURT.
The first term of the County Court, Thomas Woodle, Judge, was held Sep- tember 1, 1851, but adjourned without transacting any business.
The first act of Judge Woodle, recorded October 4th, was to make the fol- lowing order :
Ordered, That letters of administration be granted to Harrison Butler, on the estate oi Thomas Scott, deceased, and that David Wattrous and Thomas Douglass be appointed Appraisers of the property.
This was the first probate business recorded in the county. October 7th, the Judge
Ordered, That the petition of Daniel H. Miller and others, asking the appointment of a Commissioner to view a road, commencing at the upper mill on the Volga River, and running thence via E. A. Light's mill to the mouth of Otter Creek, be granted, and that -- Newcomb be appointed said Commissioner.
MARRIAGE LICENSES.
The early marriage register of Fayette County, together with the early assess- ment rolls and many other documents of historic interest and importance, were burned when the Court House was burned September 15 and 16, 1872, and it is not possible now to determine the first marriage, after the organization of the county, with any degree of accuracy.
The first marriage license recorded does not state the name of the lady, and the record is so unique that it is worth preserving, viz. :
On the 22d day of October, 1851, application was made to the County Judge by Sevath Seluatson for a marriage license, and the requisite proof that the parties were of competent age was made by -, who was duly sworn by the said County Judge.
License issued.
J. W. ROGERS, County Clerk.
On the 3d day of November, 1851, license was issued to William E. Newton to marry, but whom the record saith not. So, also, on the 8th of Novem- ber, 1851, "P. L. Hinkley made application for marriage license, and the parties being known to the Judge to be of the required age and condition to marry, license was granted." But on the 12th, it appears to have been discov-
" Documents in the Recorder's office indicate that Ebenezer Piper was the first Surveyor, and that at this election M. V. Burdick was elected to that office.
D
358
HISTORY OF FAYETTE COUNTY.
ered that there were two parties interested in a marriage license. On that day, "Lysander Hopkins applied for license to be joined in marriage to Rebecca Strang, and the said Hopkins being known to the County Judge to be of requisite age, and the written consent of David Murray, lawful guardian of said Rebecca Strang, having been filed in the office of the Court, license was granted."
TOWNS, ETC.
Westfield, located on the northeast quarter of Section 29, Town 93, Range 8, was laid out by Robert Alexander, proprietor, in 1851. The plat of the town was filed for record July 18, 1851.
Taylorsville, located on the northeast quarter of Section 22, Town 92, Range 7 (Fairfield Township), was surveyed by E. Piper August 1, 1851; Jacob S. Guin and Maria Jane Guin, proprietors. Plat filed for record February 5, 1852, and recorded May 5, 1853.
Volga City, located on the northwest quarter and southwest quarter of Sec- tion 13, Town 93, Range 8 (Westfield Township), was laid out in 1851 by Winslow Stearns; Daniel H. Miller and Cornelius Lacy, proprietors ; Erastus A. Light, Surveyor. Filed for record October 7, 1851, and recorded May 5, 1853. Prior to this time, this locality was called Lightville. Under that name it was one of the points designated by the Legislature to be voted for for county seat, and was the most formidable competitor West Union had at that time. The name of the town was changed to Lima by act of the Legislature approved January 5, 1853.
Auburn, located on Sections 26 and 35, Town 95, Range 9, was laid out and platted in 1851, but the plat was not recorded, and the names of the pro- prietors and Surveyor are gone. It has been suggested that the Earlls were proprietors, and that Carson was the Surveyor.
November 3, 1851, William Wells was appointed to "view a road leading from the house of Nicholas Russell, via Franklin Bishop's, to West Union.
The first hotel in West Union was commenced by Daniel Cook, in 1850, on the southeast corner of Vine and Elm streets, opposite the southwest corner of the Public Square, but was sold to J. H. and David Stafford, who arrived here in 1851, and who finished the building and opened the "Stafford Hotel " in the Fall. This house, with additions, is still standing, July, 1878, H. J. Inger- soll, proprietor, and is called the "West Union House." In the office, in the northwest corner, the Staffords put in a few dry goods. Dr. J. H. Stafford also had the first drug store in West Union in this room, and it also contained a shoemaker shop and the first tailor. Henry Wonnenberg also used the same room for a tailor shop.
The first ball in West Union, and probably in the county, was given at the " West Union House" on Christmas evening, 1851. The hall was in the second story of the building, and bear steaks were served for supper.
A QUEER PROCEEDING.
The history of Fayette, like all other localities, is not without some ludicrous incidents. In 1851-2, the people of West Union appear to have resolved themselves into a Board of Medical Examiners to determine who were and who were not qualified to practice medicine. At that time, Dr. J. H. Stafford, an Eclectic, had an extensive practice for a new country. It is said that he was cautious in administering medicine, and avoided giving his patients anything to hurt them, leaving nature to effect the cure, and he was considered a successful
359
HISTORY OF FAYETTE COUNTY.
practioner. Dr. Jonathan Cruzan was a physician of the Thomsonian school, and, of course, was obliged to combat the prejudices of the people against any innovations upon long-established practices. Dr. Joseph N. B. Elliot (Allopathic) was a young man who had studied medicine and attended a course of lec- tures, but had no diploma Dr. Cruzan had been attending a Mr. Scott, some four or five miles south of West Union, and his patient unfortunately died. The case created considerable excitement in the little community, and an indignation meeting was held at Daniel Cook's store. Judge Woodle presided at this meet- ing, and Rev. H. S. Brunson and others participated in the grave proceedings. The physicians of West Union were summoned before this august body for examination. It would not do to exhibit any partiality, although the batteries were all pointed at Dr. Cruzan, but, by common consent, it was admitted that Dr. Stafford was competent to minister to the bodies diseased in the neighbor- hood, and, besides, the self-constituted medical examiners wanted him for a sort of umpire. Dr. Cruzan's turn came next, and he was required to inform the meeting how and where he obtained his medical examination, and to show cause why he should longer be permitted to administer cayenne pepper and lobelia to those who preferred those articles to ipecac and calomel. He did so, it is said, but neither he, Cruzan or Stafford exhibited any diploma. Dr. Elliot exhibited a certificate from some Eastern physician that Elliot had studied some in his office, was a very respectable young gentleman and had attended a course of medical lectures.
The meeting passed resolutions strongly condemning Cruzan's method of practice. As for Dr. Elliot, the spokesman said he had a diploma and-here Elliot interrupted the proceedings with the statement that he did not wish his friends to labor under misapprehension ; the document he had exhibited was not a diploma but simply a certificate from a practicing physician, that he (Elliot) had studied some. This was a damper, but as they did not desire to interfere with his practice-it was Cruzan they were after-they finally concluded that Elliot's certificate, if it was not a diploma, was equivalent to one, and that he was fully qualified to practice medicine, and the meeting adjourned, fully impressed with the idea that a very important duty had been satisfactorily discharged. "The idea," says Mr. McClintock, who was present, "that the whole proceeding had been a ridiculous farce soon crept into the minds of the people, and Dr. Cruzan continued to practice as before."
THE FIRST COURT.
By the provisions of " An Act fixing the terms of District Courts," approved January 15, 1849, court was to be held in Fayette, Winnesheik and Allamakee "at such times as may be appointed by the Judge of said District." The county of Fayette, however, was not then organized, and the Judge did not appoint a term of court within its limits. Chapter 92, of the Code of Iowa, approved February 5, 1851, provided that "in counties where no term is now fixed for holding a court, the Judge may appoint terms by written notices to the Clerk thereof." Accordingly, the first term in Fayette County was appointed to be held September 26, 1851, but when the time arrived, Judge Wilson did not put in an appearance, perhaps because there might have been no suitable place for holding Court. The Sheriff, George W. Neff, adjourned from day to day until the 29th, when he adjourned without day.
Another and Special Term was called on the 6th day of July, 1852. Hon. Thomas S. Wilson, Judge of the Second Judicial District, presided. Jacob W. Rogers, Clerk of the Court, and George W. Neff, Sheriff, aided by his
360
HISTORY OF FAYETTE COUNTY.
Deputy, Simeon B. Forbes. This, the first court in Fayette County, was held in the West Union House, in the hall in which the grand Christmas ball had been given in December previous. When the hour arrived, His Honor, the Judge, directed Deputy Sheriff Forbes to open the Court. Simeon was in a quandary. He had never seen a court opened, and consequently the order of the Judge was all Greek to him. Something must be done, however, and determined to show that he knew how it was done, went to the window and yelled, " Boys, Court's begun." It is said that one of the early settlers, who was passing the West Union House at the moment this novel proclamation was made, upon hearing it, looked up with a comical expression and exclaimed, " The h-Il you say." At the close of the session the Deputy Sheriff was directed to adjourn the Court, and did it to the entire satisfaction of everybody, by yelling "Boys, Court's quit."
The first grand jury summoned and impaneled was as follows: James B. Earll, J. W. Foster, William Wells, Joseph S. Burdick, A. G. Park, D. P. Lowe, Lemuel Iliff, Eli Elrod, Erastus A. Light, P. F. Sturgis, Stephen Reeves and Hiram Jackson ; Joseph S. Burdick was appointed foreman.
The first entry was a case of attachment, Jonathan Cruzan vs. William Root, disposed of as follows : "This case having been settled by the parties, and the costs paid, the cause is dismissed." Several other cases were disposed of in a similar manner.
The First Jury Trial .- Noah W. Harrow vs. Joseph L. Bruce ; appeal. A jury was called consisting of James Austin, David C. German, E. C. Sooy, Eli Root, Nicholas Russell, William Edgar, Charles Sawyer, John Conner, Benjamin Dimond, Edwin Montgomery, Thomas Douglass and William Stephen- son. The verdict was for $5.00 for plaintiff, and costs.
July 7, 1852 (second day), Wm. McClintock and J. B. Onstine, practicing attorneys for the State of Ohio, were admitted to practice in the courts of the State. Martin V. Burdick, upon examination, was admitted to the bar.
The first divorce case was that of William S. Key vs. Jane Key. Plaintiff filed his petition on the 7th. Defendant defaulted ; divorce decreed, with custody and guardianship of children to plaintiff, who was charged with the costs.
First Indictment .- The Grand Jury returned a true bill, State of Iowa vs. Chauncey Leverich, for retailing spirituous liquors. Court ordered a capias ad respondendum to be issued, returnable at next term ; and that the respondent be held to bail in the sum of $100. This was the only bill found by the grand jury at the first term.
Court adjourned on the 7th, having been in session two days.
July 21, 1852, Judge Woodle ordered that taxes be levied as follows : For State revenue, one and one-half mill on the dollar ; for county revenue, six mills ; for support of schools, one mill ; for road purposes, one mill, and a road tax of $2 to every person liable to a poll tax.
July 8, 1852, Sections 1, 12 and 13, in Township 95 north, Range 9 west, were attached to Dover Township.
At the general election, in August, 1852, it is to be taken for granted that John Webb was elected Clerk of the Court, or County Clerk, M. V. Bur- dick Prosecuting Attorney, and H. C. Lacy, Sheriff. Other officers were doubtless elected, but no records remain.
The First Naturalization .- While in some other counties, Delaware for instance, there seemed to have existed some doubt whether County Courts were empowered to convert aliens into citizens of the United States, the court of
361
HISTORY OF FAYETTE COUNTY.
Fayette was clear on this subject ; and that no doubt was entertained that it had authority to confer the rights of United States citizenship upon persons of foreign birth, is shown by the following order of the County Court and oath of allegiance administered to the first person naturalized in Fayette County :
Ordered, That Joseph Nicoll, having complied with the requirements of the law, be ad- mitted a citizen of the United States of America.
The following oath was administered :
STATE OF IOWA, FAYETTE COUNTY I, Joseph Nicoll, do solemnly sweare that I will support the Consti- tution of the United States of America, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State sovereignty whatsoever, particularly Victoria, Queen of grate Britain and Ireland.
(Signed) JOSEPH NICOLL.
Subscribed and sworne to before me this the 1st day of November. A. D. 1852, JOHN WEBB, County Clerk.
State Roads .- By Section 15 of " An act in relation to certain State roads therein named," approved Jan. 22, 1853, Clark Newcomb, of the County of Fayette, John McCoy, of Winnesheik, and David Moreland, of Delaware, were appointed Commissioners to locate and establish a State road, "commencing at New Wine, Dubuque County, by way of Strawberry Point, in Clayton County ; West Union, in Fayette County, and Decorah, in Winnesheik County, thence northerly to the State line.
By Section 19 of the same act, Jacob LyBrand, Thomas B. Twiford and S. S. McClure were appointed Commissioners to locate and establish a State road from Columbus, in Allamakee County, via LyBrand and West Union, to Independence, in Buchanan County.
Section 38 appointed George Acres and Roswell Turner, of Delaware County, and Noah W. Harrow, of Fayette County. Commissioners to locate a State road, commencing on the Center line of Section 8, in Township 88 north, of Range 4 west, in the road which runs from Delhi to Eads' Grove, in Delaware County, thence by Delaware Center and Turner's Mill (Forrest- ville), in Delaware County, to a road in Fayette . County which runs to West Point (Union).
On the above Commission, L. Burrington served in place of Harrow.
Section 56 appointed Clark Newcomb, R. R. Richardson and James Craw- ford Commissioners to locate a State road from the Yankee Settlement in Clay- ton County, via Strawberry Point, Brush Creek and Spring Grove, to Section 27, in Township 93, Range 8 west, in Fayette County.
. Jan. 24, 1853, the State was re-apportioned, and the counties of Fayette, Chickasaw, Butler, Bremer, Black Hawk, Grundy, Franklin, Cerro Gordo, Floyd, Howard, Mitchell and Worth were constituted the Third District, entitled to one Representative.
Additional Mail Facilities .- By joint resolution, approved Jan. 22, 1853, the General Assembly of Iowa asked for additional mail facilities in the State, including the following routes : (7th.) From Dubuque to West Union, New Wine via Colesburg, Elkport and Elkader, in two-horse coaches, twice a week. (8th.) From Colesburg to West Union via Yankee Settlement, Strawberry Point and Westfield. (23d.) From Delhi, in Delaware County, to West Union.
Second Judicial District .- " An act fixing the boundaries of the several Judicial Districts, and the time of holding courts therein," approved Jan. 22, 1853. The counties of Dubuque, Delaware, Clayton, Allamakee, Winnesheik, Fayette, Buchanan, Black Hawk, Bremer, Chickasaw and Howard were con- stituted the Second Judicial District, and terms of the court in Favette were appointed on the second Mondays of June and November.
362
HISTORY OF FAYETTE COUNTY.
RE-LOCATION OF THE COUNTY SEAT.
Although the seat of justice of Fayette was located in May, 1851, by a vote of the people of the county, and Mr. Wells and others had made donations of land to aid in the erection of county buildings at West Union, and these donations had been accepted by the county, there was yet a strong feeling in the southern part of the county in favor of the removal of the seat of justice to some point nearer the geographical center.
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