USA > Iowa > Fayette County > The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c. > Part 42
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In July and August, 1852, the friends of removal circulated petitions for either the removal of the county seat or the division of the county. Mr. J. W. Rogers drew a remonstrance and urged active opposition ; but others, interested in retaining the county seat at West Union, fell into the common error of under- rating the strength of antagonists; said that there was no danger that their opponents could effect anything, and, consequently, action was delayed so long that the remonstrance was not circulated farther south than Nicholas Russell's neighborhood. Mr. Russell lived on Section 6, Township 93, Range 7.
Meanwhile, at the August election, Mr. Edwin Montgomery had been elected one of the Representatives from this district. Mr. Montgomery resided at West- field. His election gave to the friends of removal a decided advantage, and it became generally understood that a bill to re-locate the county seat would be introduced and pushed to final passage as early as practicable after the assem- bling of the Legislature. The county seat contest of Fayette was to be re-opened at Iowa City.
In December, the people of West Union and other towns in Northern Fayette, began to realize that they might lose the county seat. Clark New- comb, Esq., an active and energetic citizen of Westfield, was engineering the movement for removal, and it was deemed essential that the opponents of the measure should be represented in the " Third Branch," also. Accordingly, at a public meeting of the citizens of West Union and vicinity, Jacob W. Rogers, Esq., was appointed to go to Iowa City, watch the matter and endeavor to defeat any attempt to remove the county seat.
After the General Assembly convened, it was found that there were thirty- five more petitioners for removal than there were remonstrants against it. This fact, together with the additional fact that Mr. Montgomery, the sitting mem- ber from this county, was strongly in their favor, gave the friends of removal a decided advantage. A bill was reported from the Committee to whom had been referred the petitions and remonstrances, providing for the appointment of three Commissioners, to re-locate the county seat of Fayette County, and of course the gentlemen named were designed to be those favorable to removal. The bill passed the House without opposition.
Mr. Rogers, however, succeeded in interesting Senator Shields in opposi- tion ; and when, after the passage of the bill in the House, it came up to the Senate, Mr. Shields introduced an amendment, by which the location by the Commissioners of other than the existing county seat should be submitted to a vote of the people.
As thus amended, the bill passed the Senate, and now came the tug of war. The House refused to adopt the amendment, and insisted on its former vote. The Senate insisted, and a Committee of Conference was appointed. The House at last receded, concurred with the Senate, and the bill passed, as follows :
An Act to Re-Locate the County Seat of Fayette County :
SECTION 1. Be it enacted, etc., That Silas Sawyer, of Dubuque County, E. K. Beckford, of Clayton County, and D. A. Mahony, of Dubuque, are hereby appointed Commissioners to re-lo- cate the county seat of Fayette County.
363
HISTORY OF FAYETTE COUNTY.
SECTION 2. Said Commissioners, or a majority of them, shall meet at the house of William Russell, in said county, on the first Monday in May, 1853, or within sixty days thereafter, and shall there, before a person authorized to administer oaths, take an oath, or affirmation, to faith- fully carry out the designs and provisions of this act.
SECTION 3. In making the location hereby authorized, said Commissioners shall take into consideration the present and prospective interest and convenience of the people of said county ; and, if it be consistent with such interests and convenience, they shall locate said county seat at or near the geographical center of the county.
Provided, however, That the voters of said county shall have the privilege of voting for or against said location (provided that any other point be selected than the present seat of justice), at the next August election, to be regulated in the same manner as other elections.
SECTION 4. Said Commissioners are hereby authorized and empowered to obtain for said county, either by purchase or donation, a suitable lot or tract of land for the use of said county for the erection of public buildings, etc., from the proprietor or proprietors of the land on which said county seat may be by them located ; and the county of Fayette shall abide and be bound by such contract, whether of gift or purchase.
SECTION 5. When the location shall have been made, the Commissioners shall immediately inform the County Judge of the same, together with all their proceedings therein ; and it shall then be the duty of the County Judge to provide, as soon as it may conveniently be done, for the removal of the records and public offices of said county to the place so selected and desig- nated as county seat ; and the County Judge shall also inform the people of said county, by writ- ten or printed notices, put up in at least three public places in each township of said county, that place has been selected as the county seat of said County.
Approved January 24, 1853.
The act provided that the Commissioners should have two dollars a day and ten cents a mile for travel, to be paid by the county. There is no record of their proceedings ; the County Judge's "minute book" makes no mention of the matter, except to order the payment of the Commissioners. But it is stated by the citizens that, on the day appointed, the Commissioners met, and, after examination of the several localities, and consultation, decided that the county seat should be located on the southwest quarter of Section 17, Township 93, Range 8, near a large spring, somewhat more than a mile from the geo- graphical center. But this location could not be final unless accepted by a vote of the people, in August. On the 31st day of May, 1853, Judge Woodle ordered the payment of fourteen dollars to Beckford, and on the 2d of June, twenty-four dollars each to Sawyer and Mahoney, for their services as County Seat Commissioners.
The question was submitted to the people at the August election, and the site selected by the Commissioners was rejected by a majority of 95. The county seat, therefore, remained where it had been located by the people in 1851.
SWAMP LAND AGENT.
March 7, 1853, Judge Woodle was absent, and Martin V. Burdick, the ' Prosecuting Attorney of the county, was acting Judge, and appointed P. L. Hinkley, Esq., "to select swamp land in this county."
MORE CIVIL TOWNSHIPS.
The townships of Eden and Illyria were created in the Spring of 1853, by order of the County Court, as follows :
Ordered, That the Townships 94, Range 10, and 95, Range 10, and two tears (tiers) of sec- tions off from the west side of Townships 94 and 95, Range 9, be set off as an election township, to be called Eadon (Eden). March 7. 1853.
Ordered, That Township 93, Range 7 west, be set off as an election township, to be called Ellyria (Illyria) Township. March 16, 1853.
Ordered, That the petition of the inhabitants of Clairemont and Pleasant Valley Townships be granted, asking that Sections 1, 2, 3, 4, 5, 6, and the north half of Sections 7, 8, 9, 10, 11 and 12, Township 94, Range 7 west, be stricken of (off) from Pleasant Valley and attached to Clairmont Township. March 31, 1853.
364
HISTORY OF FAYETTE COUNTY.
In March, 1853, between the 19th and 25th of that month, George A. Cook ceased to act as Recorder of Fayette County, and Henry C. Lacy appears to have been his successor. The records, under the County Judge's system, are very meager, and, in this instance, show neither the death, resignation or removal of Mr. Cook nor the appointment of Mr. Lacy. The last recorded act of Cook is on the 15th of March, and Mr. Lacy first signed his name as Recorder March 25, 1853.
The first settlement in Township 92, Range 10, now Fremont, was made by Carmi Hickox, who built a cabin on Section 17 in May, 1853. His nearest neighbor on the south was more than three miles distant ; it was four miles to the nearest cabin on the north, fifteen miles to settlement on the east, and he had no neighbors on the west of whom they knew. Mr. Hickox broke and fenced about thirty acres of prairie during that Summer. He was thrown from a colt on the 1st of August, and was severely injured ; but recovered so that, during that month, he secured and stacked about thirty tons of hay. On the 1st of September, however, he was taken sick, and died after an illness of only three weeks. Thus, he was the first to settle and the first to die in that town- ship, both events occurring in the same year. A few days after his death, on the 9th of October, his son, Hiram C. Hickox, was born, who is still living on the farm commenced by his father, taking care of his mother, Electra Hickox, in her old age.
DISTRICT COURT IN 1853.
The second (and first regular) term of the District Court was held in the Methodist Church in West Union, June 15, 1853. Thomas S. Wilson, Judge, presiding ; John Webb, Clerk, and Hiram W. Earll, Sheriff. The grand jury was made up as follows: Joseph S. Burdick, Foreman ; James B. EarlI, J. G. Webb, J. W. Foster, William Wells, Lemuel Iliff, Eli Elrod, James Robin- son, Horatio Warner, Jerome Boswell, Stephen Reeves, William P. Kavanaugh, P. L. Hinkley, J. A. Griffith and Nelson Graham.
At this term, Samuel Harper applied for divorce from Susannah Harper. Defendant defaulted ; divorce decreed.
THE FIRST CRIMINAL TRIAL.
The case, State vs. Chauncey Leverich. Indictment for retailing intoxica- ting liquors and keeping a dram-shop was tried. Martin V. Burdick was Pros- ecuting Attorney, and defendant appeared by William McClintock and Onstine, his attorneys. Defendant filed a demurrer, which was sustained as to first count. Defendant filed his plea of not guilty to second count. Thereupon came a jury, viz .: John McMillen, Samuel Stephens, Cephas Felch, F. S. Pal- mer, Jacob Rosier, James Jamison, Miles Lewis, Martin Dunham, Aaron South, R. M. Hooker. M. B. Earll, J. W. Fisher. After hearing, jury returned a verdict of not guilty, and defendant was discharged.
ADMITTED TO THE BAR.
M. V. Burdick, Reuben Noble and James Burt were appointed to examine the character and qualifications of Mr. E. C. Byam, an applicant for admission to the bar. The committee made a satisfactory report, and Mr. Byam was admitted.
THE DIVORCE MILL.
The third petition for divorce was presented by Hiram Seward vs. Catherine Seward. Defendant, like her predecessors in the divorce mill of Fayette, did not put in an appearance, and consequently, divorce was decreed. It may be
365
HISTORY OF FAYETTE COUNTY.
noted as somewhat remarkable, in that the first three divorce cases of Fayette, the petitions were filed by the masculine head of the family, and in neither case did the feminine respondent put in an appearance.
June 14th, the grand jury brought in true bills against Rodolphus Eddy, Chester Eddy and William Eddy for perjury, and against Chester Eddy for killing an ox.
August 13, 1853, taxes were levied as follows : For State revenue, 1} mills on the dollar ; for county revenue, 6 mills; support of schools, 1 mill; for road purposes, 1 mill, and a road tax of $2.00 to every person liable to a poll tax.
THE FIRST NEWSPAPER.
The first number of the Fayette County Pioneer, the first newspaper pub- lished in the county, was issued at West Union, October 21, 1853, by John Gharky and Charles McDowell. It was a six-column, 22x32 sheet, Democratic in politics, and was conducted by Mr. Gharky with considerable ability.
The following orders in relation to townships and township boundaries were made by Judge Woodle February 6, 1854.
Ordered, That the two tears (tiers) of sections on the west side of Townships 94 and 95, Range 9, that now belong to Eden Election Precinct, be set back to the Auburn Precinct.
Ordered, That Sections 1, 2, 3, 4, 5 6, and the north half of Sections 7, 8, 9, 10, 11 and 12, Township 94, Range 7 west, be taken off from Clearmount Election Precinct and attached to Pleasant Valley Precinct.
Ordered, That the north half of Township 93 and Township 94 north of Range 9 west, be set off an Election Precinct, and that the election be held at the Austin School House, to be called Windsor.
THE FIRST REPUBLICAN MEETING.
Until about 1854, the people of the United States were divided into two great political parties, viz. : the Democratic and Whig; but there had been another element in the political atmosphere that had been quietly at work, pre- paring the way for a revolution in political organizations, that had been consid- ered as insignificant by the leaders of both political parties, and the vote of the Anti-slavery party since 1844 had been so light as to excite ridicule and derision. For several years, this element had been organized distinctively as a third political party, first as the Liberty or Abolition, and then as the Free Soil party ; it had been gradually increasing in strength and the people had been gradually discovering the encroachments of what was called the Slave Power, until 1854, when there was a general breaking up of existing political organizations. The Whig party and the Free Soil party disappeared, and a new party sprang into existence, opposed to the extension of the institution of human slavery upon free territory. It was not the Abolition party, because it did not propose to interfere with slavery in the States where it then existed as a creature of local or municipal law, but it said that the institution must not seek to extend its area and must not exist outside of those States where it already existed. Upon this question, the Free Soil party was a unit, small, it may be. but appreciable in the body politic. The Whig party dissolved, a small portion of it seeking affiliation in the Democratic party. That party also was broken up and dismembered, but retained the name while it practically became a new party, which represented the wishes and interests of the Slave Power. Many of its old members left its ranks and joined the opposition to the extension of slavery, so many that the old Democratic party, which had had control of the Government, with few exceptions, since the Government was organized, went into a hopeless minority.
366
HISTORY OF FAYETTE COUNTY.
This great political revolution began to manifest its power in 1854, and a meeting of all persons in Fayette County "who are opposed to the aggression of slavery as exhibited in the United States, and who are willing and determined to take up the issue now forced upon our country by the advocates of slavery, whether Freedom or Slavery shall be the ruling power in our Government," was called at the Methodist Church in West Union, on the 8th day of July, 1854. The meeting was called to order by Stephen D. Helms, on whose motion Dr. Aaron Brown was called to the chair. D. H. Miller was appointed Secretary. Jacob W. Rogers submitted the following resolutions :
Resolved, That we adopt the name of Republican as the distinctive style of an organization, as expressing opposition to slavery in all its forms. and devotion to the principle of equal natural, political and social rights.
Resolved, That we ask all persons of all parties who are earnestly opposed to slavery and who are willing to make it the cardinal issue in political action, to unite with us in an endeavor to restore the Government to its original purpose, and make it in fact what it purports to be-a 1rue republic.
Resolved, That all other political questions sink into insignificance when compared with the overshadowing evils of slavery.
The resolutions were unanimously adopted, and Jacob W. Rogers, Carman A. Newcomb and John Phillips were appointed a Central Committee. This was the birth of the Republican party in Fayette County.
NEW TOWNS.
West Auburn-David Smith and David Crane, proprietors. Plat filed for record September 30, 1853 ; located on Section 26, Town 95, Range 9.
Centerville was laid out on the northwest quarter of Section 23, Town 92, Range 7, December 15, 1853, by William Stephenson and Susan Stephenson, proprietors. Plat recorded May 10, 1854.
COURT HOUSE TAX.
After the decisive vote in August, 1853, rejected the proposition to remove the County Seat, the people of West Union and other points interested in the matter, began to agitate the question of building a county building on the pub- lic square in the town of West Union. Some town lots had been sold, and Judge Woodle was urged to proceed at once by those who thought the building of a Court House at the County Seat would prevent any further effort for its removal; while those who still hoped to locate the seat of justice further south, were opposed to appropriating the money received from the sale of lots given to the county by the founders of West Union, to build a Court House at that place.
Judge Woodle was not a bold man, and, weakened by disease, sought to adopt a policy that should be satisfactory to all parties. The records of the County Court are absolutely silent in relation to the matter, and yet it is evident that some action was taken. There is no record of an order submitting to the people the question whether or not a tax for the erection of a Court House should be levied by the County Court; nor is there any official record of such an elec- tion. Yet the files of the first volume of the Fayette County Pioneer show that such an election must have been ordered to take place on the first Monday in April, 1854, as the vote of the county on the question on that day was: For Court House tax, 140; against Court House tax, 356. Judge Woodle undoubt- edly ordered the election to relieve himself of the responsibility of levying a tax, but he felt sure that the people would vote the tax. It is probable that,
367
HISTORY OF FAYETTE COUNTY.
with the idea strongly impressed upon his mind that the tax would be ordered by a popular vote, Judge Woodle entered into some preliminary negotiations with contractors, which were broken off abruptly by the adverse result of the election.
THE FIRST CONTRACT.
However this may be, about the 22d or 23d of April, 1854, during Judge Woodle's absence at St. Louis, M. V. Burdick, acting County Judge, entered into a contract with Amos Hutchinson to build a Court House in West Union for the sum of $3,500, or rather to put up the walls and enclose according to specifications. "The contract was drawn and. signed, but not acknowledged or sealed." Hutchinson, supposing that it was right, contracted with E. Eggleston for the brick-120,000-and moved into town to begin work. But leading citizens expressed their opposition to any plan for building a Court House that did not provide for its certain and immediate completion. They were opposed to building the walls of a building and then leave it to stand unfinished. They wanted to take no such chances. The people had just voted "no tax," and having so voted, they said let the Court House pass for the present, for "it is neither policy or justice to use donations to less than half build a building, in which condition it will have no effect to secure the object for which dona- tions were made," viz., the retention of the seat of justice at West Union. Act- ing Judge Burdick, and presumably the other county officers, thought that if a building could be commenced, the people would submit to taxation rather than have it stand unfinished. In other words, they thought it would be a good thing to commence a Court House and take the chances for raising money to finish it at some future time. But the opposition was so marked that Burdick became timid. He did not wish to jeopardize his future political prospects by persisting in the course he had marked out, and he refused to acknowledge the contract made with Hutchinson. When Judge Woodle returned, he refused to ratify the contract, and, it is said, was soundly abused by Hutchinson and his friends in consequence. Judge Woodle died of typhoid fever May 12, 1854. Burdick was acting Judge until the August election, and probably Court House Contract No. 1 ended there.
APRIL ELECTION.
At the election, April 3, 1854, Joseph W. Foster was elected School Fund Commissioner by a vote of 305, to 257 for J. S. Burdick. This shows the total number of voters to have been 562, an increase of 460 since August, 1851.
COURT RECORD.
The Court Record for 1854 is meager. Term commenced June 12. No grand jury was impaneled. C. A. Newcomb was admitted to practice in the courts of the State. The indictments against the Eddys for perjury were dis- missed. Chester Eddy filed a demurrer in the " ox" case, which was sustained and defendant discharged. June 14, Willet C. Andrew was admitted to the bar.
368
HISTORY OF FAYETTE COUNTY.
AUGUST ELECTION.
At the general election, August 7, 1854, the vote for Governor, by townships, was as follows :
J. W. GRIMES. C. BATES.
Fairfield
23
32
Westfield
48
27
Illyria
38
15
Pleasant Valley
10
6
Clermont
14
20
Dover.
19
19
Eden.
58
37
Auburn.
11
16
Windsor.
108
48
West Union
Total.
332
225
At this election, Jacob W. Rogers was elected Representative to the General Assembly, and S. S. Seeley, Clerk of District Court.
There were three candidates for County Judge in place of Woodle, deceased, viz. : Gabriel Long, John Webb and Nelson Payne. Payne received 86 votes and Long and Webb received 236 votes each. The law provided in case of a tie that the result should be determined by lot. "Mr. Webb," says Mr. Gharky, "had conscientious scruples about gambling for an office, although it was required by law, and they parleyed over the embarrassing case until Saturday, August 12 (the election having been held on Monday the 7th), when it was decided that Long was the legally made Judge, by those two candidates drawing slips of paper from a hat, and I witnessed the drawing."
TAX LEVY.
The tax levy for 1854-5 was made by Judge Long, September 8, as follows : State tax, { mill; county tax, 6 mills; school tax, 1 mill; road tax, 1 mill.
" Up to the Autumn of 1854," says Mr. Gharkey, "the Methodist Church had been used for holding courts, public meetings of all kinds, school exhibitions and even shows, as those can testify who witnessed D. B. Hanan's "Babes in the Woods." At that time it was given out and generally understood that the church could no longer be used for any other than moral and religious purposes, which caused the agitation of the Court House question. Court was afterward held in the Irving House." After the first term, court was held in the Metho- dist Church, but Mr. Gharky is evidently in error in his statement that court was held in the Irving House after 1854. It may be that one term may have been held there, but the county records show payments for the use of the Meth- odist Church for court purposes from 1853 until the Spring of 1857.
Judge Woodle died in May, and the following order indicates that Joseph Woodle was appointed administrator, but the following is the only record made in the settlement of the estate. The early probate records of Fayette County are not very full :
176. Ordered, that Josef Woodle, Administrator of the estate of Thomas Woodle of Fayette County, late disseast (deceased) be allowed the sum of one dollar and five cents on book account October 2, 1854.
DONATION PARTY.
Christmas, 1854, and New Year's Day, 1855, occurred on Monday. On Wednesday, December 27, 1854, a donation party was given at the United States Hotel, for the benefit of Rev. George Scott, "the enterprising, energetic minister, through whose indomitable zeal and energy," says Mr. Gharky, the
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HISTORY OF FAYETTE COUNTY.
then editor of the Pioneer, "the Baptist Church was built and dedicated." The Committee of Arrangements were David H. Hall, Mrs. Hall, C. A. Newcomb, M. Phillips, Mrs. L. H. Hart, Mrs. Gharky and Mrs. Lewis Berkey. A large number of appreciative guests visited Mr. Scott on that occasion, and the pecu- niary result was liberal and gratifying. In returning his grateful thanks to his friends, Mr. Scott made some very touching remarks, to which Mr. J. E. Cook responded on behalf of the donors. On the 7th of January, 1855, Mr. Scott delivered his farewell sermon, it being just one year after he preached the dedi- cation sermon from the same pulpit.
BAPTISM BY MOONLIGHT.
December 29, 1854, Rev. Mr. McConnell commenced a protracted meeting in the Baptist Church at West Union, which continued until Monday evening, January 8, 1855. Twenty-two persons were added to the Disciples' Church during that meeting-twelve by immersion in Otter Creek, and ten by letter. After the close of the meeting on Sabbath evening, between 9 and 10 o'clock, Samuel Smith, son of " Uncle Henry," and Mr. Abbott's son, went to the creek and were baptized, a hole for the purpose having been cut through the ice, which was about twelve inches thick.
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