USA > Iowa > Fayette County > The history of Fayette County, Iowa, containing a history of the county, its cities, towns, &c. > Part 43
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TOWNS SURVEYED IN 1854-5.
Albany-Located on the east half of southwest quarter of Section 14, Township 93, Range 8. Albert Albertson, Mary Ann Albertson, Edwin Smith and Mary Smith, proprietors. Plat filed for record July 27, 1854. Recorded July 18, 1856.
Union-Located on the northeast quarter of Section 17. Township 94, Range 8. Surveyed by P. L. Hinkley. William Wells and Eliza Wells, pro- prietors. Filed for record Oct. 11, 1854. Recorded March 16, 1855.
Elgin-Located on Section 14, Township 94, Range 7. Samuel Conner, Marilla Conner, Benjamin Dimond, Mary J. Dimond, Thomas Armstrong and Oliva Armstrong, proprietors. Surveyed by Winslow Stearns July 4, 1854. Filed for record February 20, and recorded March 19, 1855.
Fayette-Located on the northwest quarter of Section 28, Township 93, Range 8. College grounds, ten acres in a square, appropriated by the propri- etors for the use of the institution. Acknowledged by the proprietors, Samuel H. Robertson and Sabra Robertson, June 16, 1855. Filed for record June 16, and recorded September 14, 1855.
North Auburn-Located on the east half of southeast quarter of Section 26, Township 95, Range 9 J. B. Earll, M. B. Earll, H. W. Earll and N. B. Earll, proprietors. Plat filed for record November 22, 1855.
Norway-Located on Section 34, Township 95, Range 7. Streets and alleys relinquished August 4, 1855, by John Thompson. Filed for record August 25, 1855, and recorded September 12, 1855. This was Clermont, in the township of Clermont, so named by the County Commissioners, in 1850. The little village was named Clermont by those who favored it, and was one of the points designated by the General Assembly to be voted for for county seat in 1851. The post office of Clermont was first established in 1851. Edwin Stedman, Esq., of Clermont, says : "As I recollect, this township, village and post office were named by C. D. Carlton 'Clermont' in the beginning of things here. In 1852 or 1853, the town was surveyed and laid out, but the plat was not put on record until the date you give (1855). Mr. Carlton sold all his interest in realty to Mr. Thompson, in 1854, and Mr. Thompson
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HISTORY OF FAYETTE COUNTY.
recorded the plat as Norway, in opposition to the wishes of the people. Two years afterward, Mr. Thompson, finding that the change was not, or would not be a success, yielded to the wishes of the citizens here, and the necessary steps were taken, by an election, to change the name of Norway to Clermont." The name of the town of Norway was changed to Clermont by an act of the General Assembly, approved July 15, 1856, and the town of Clermont was surveyed by Andris Brandt, civil engineer, John Thompson proprietor, and plat filed for record March 26, 1858, and recorded Feb. 16, 1859. The original town of Clermont-Norway was surveyed, it is said, by L. Davis.
GRAND CELEBRATION AT AUBURN.
Among the prominent events in the early history of Fayette County was a grand celebration of the birthday of the nation at Auburn. The citizens com- menced to make arrangements on Saturday evening, May 20, 1854, when a public meeting was held "for the purpose of taking measures to celebrate the coming anniversary of American Independence." Samuel Hull was Chairman, and A. L. Dunn Secretary. At this meeting, John A. Griffith, James Boale. A. L. Dunn, James Moore and Morris B. Earll were appointed a Committee of Arrangements.
The Officers of the Day were Samuel Hull, President ; Rev. S. D. Helms, Chaplain ; John A. Griffiths, W. A. Chase and C. L. Smith, Marshals; A. L. Dunn, Toast Master; George Brown, M. Woodruff and J. C. Gregory, Com- mittee on Fire Works.
A tall liberty pole was raised for the occasion, from the top of which grace- fully and proudly floated the Stars and Stripes. The oration proper was deliv- ered by Jacob W. Rogers, Esq., of West Union, followed by William McClintock, Esq., and C. A. Newcomb, Esq., in short speeches. The dinner, prepared for the occasion by Griffith & Pooler, was more elaborate than had been seen or eaten in Fayette County up to that time.
The Hoaglands, Henry Hull and other enterprising citizens of Auburn had organized a military brass band, which is said to have been one of the best in the State at that time. A millitary company, called the "Fayette Guards," properly uniformed and under command of Capt. George W. Neff, with the band, added very materially to the interest of the occasion.
Among the toasts on that memorable occasion were :
The Day we Celebrate-May it never be desecrated by acts of tyrrany and oppression. America-The land of the free and the home of the brave. Our National Honor-May it ever remain unsullied.
RE-APPORTIONMENT.
January 25, 1855, another apportionment was made, and the counties of Fayette, Bremer, Butler, Franklin, Grundy, Hardin, Wright, Webster, Boone, Story, Green and Humboldt were constituted the Thirty-third Senatorial Dis- trict, entitled to one Senator. Fayette County constituted the Forty-seventh Representative District, entitled to one Representative.
ADDITIONAL MAIL SERVICE.
A "memorial and joint resolution asking the establishment of mail routes and additional mail service," drawn and introduced in the Lower House by Jacob M. Rogers, Esq., asked for the establishment of mail routes as follows :
From West Union, in Fayette County, by way of Bradford and Chickasaw, in Chickasaw County ; St. Charles and South End of Rock Grove, in Floyd County, to Shibboleth and Clear Lake, in Cerro Gordo County.
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HISTORY OF FAYETTE COUNTY.
From Lancaster, Wis., via Guttenberg and Garnavillo, in Clayton County ; Elgin, West Union and Windsor, in Fayette, by residence of Abraham Staples, in Chickasaw, by residence of W. S. Pettibone, in Section 36, Township 98, Range 14, in Howard County, to Osage and village of Mitchell and Clawson's Settlement, in Mitchell County.
Also, for additional mail service, viz. : From McGregor's Landing, in Clay- ton, via Clermont, West Union, Bradford and St. Charles, to Shibboleth, twice a week, in two-horse coaches. From Dubuque via Colesburg, Elkader, West Union, to Auburn, tri-weekly, in two-horse coaches.
From Auburn via Eden, Pettibone's Settlement, in Howard County ; St. Ansgar, in Mitchell County, to State Line, weekly, two-horse coaches.
From Lancaster, Wis., via Guttenberg, Garnaville and Elgin, to West Union, tri-weekly, in two-horse coaches.
The memorialists called the attention of Congress "to the fact that this part of the State of Iowa is settling with a rapidity entirely beyond the full comprehension of any person not intimately familiar with the progress of our future settlement." They further stated that " a large majority of the popula- tion upon our frontiers is an intelligent, reading class of people, who, having removed to this State from the older settlements of the East, where mail facili- ties are liberally provided, and where, by means of these, a knowledge of the passing events of the day are easily accessible, deeply feel the privations of their present condition." The memorialists respectfully suggested that " a lib- eral course by the General Government in the establishment of mail routes and the transportation of the mails in a rapidly rising State like Iowa, is statesman- like in policy and conducive of the most happy results, as supplying in a degree the place of personal, friendly intercourse among citizens widely separated from each other, thus perpetuating those feelings of amity and ties of attachment which are likely to be weakened by the remote position and peculiar influences of frontier life, unaided by these agencies of intercommunication." In this memorial, the General Assembly of Iowa expressed to the National Legislature its belief "that by opening these fountains of intelligence to the people you will subserve the best interests of our common country, and find therein the surest guarantee of the spread and perpetuity of free institutions."
From the 1st day of November, 1852, to the 31st day of October, 1854, the Treasurer of Fayette County paid into the State Treasury $701.
February 22, 1855, the County Court, Long, Judge, ordered that " Gabriel Long be allowed ten dollars for five cords of wood."
PUTNAM AND ORAN TOWNSHIPS CREATED
The following order indicates the rapid settlement of the southern parts of the county :
Ordered, That Township 91, in Range 7, in Fayette County, Iowa, is hereby constituted a political township, with all the privileges of the same. To hold their first election on the first Monday in April, and to be called the town of Putnam. March 5, 1855.
Ordered, By the court, that Townships No. 91 and 92 north of Range 10 west, be and are hereby formed into a political and judicial township under the name of Oran, as per petition in this office. March 5, 1855.
ELECTION OF DISTRICT JUDGE.
At the election, April, 1855, Samuel Murdock was elected Judge of the Second Judicial District over Reuben Noble, by about 700 majority. The vote of Fayette County was-for Noble, 769; for Murdock, 519.
Judge Long appears to have suddenly terminated his service as County Judge (April 16, 1855), having become involved in some difficulties of a private nature,
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HISTORY OF FAYETTE COUNTY.
and C. A. Newcomb, Prosecuting Attorney, became acting Judge until he was elected by the people in August following.
The following order, made by Acting Judge Newcomb, is evidence that the District Court, after the first term in West Union House, held its regular terms in the Methodist Episcopal Church. Up to that time and subsequent, orders for the payment of rent show that the county paid rent for the church for a court room until after the Spring term of 1857, and, in 1856, the Trustees of the Baptist Church were paid ten dollars for the use of their church for a jury room.
COURT RECORD OF 1855.
The May term of the District Court commenced May 30, 1855; Judge Samuel Murdock presiding. Present-S. S. Seeley, District Clerk, and H. W. Earll, Sheriff.
Thomas Abbott, of the State of Massachusetts, was admitted to the bar. E. W. Somers applied for admission, and his application was referred to Wm. Mc- Clintock, Reuben Noble and Elijah Odell, who made the usual report, and Mr. Somers was admitted. Jacob W. Rogers was also admitted, after examination by M. V. Burdick, R. Noble and E. Odell.
June 1st, the grand jury presented David Oliver and William Oliver for assault and battery, Anthony Schel for keeping a gambling house, and Charles Glidden for obstructing the highway.
At this term several petitions for divorce appear of record, viz .: David Downs vs. Electa A. Downs ; Killen Voshell vs. Hannah Voshell; Myron Peck vs. Amanda Peck ; John M. Blivin vs. Lucinda Blivin, and Ezra White vs. Mary White. The nuptial knots were all severed save White's, who was forced to wear his yoke awhile longer.
The first slander case was entered at this term-George F. Lentz and wife vs. William Buck and wife-but the difficulty was settled by the parties, costs paid and suit dismissed.
October 22, 1855, Murdock, Judge; Jerome Boswell, Sheriff. Lucian L. Ainsworth, from New York, presented his credentials and was admitted to the bar. Eliff Johnson applied for naturalization papers, the first action of this kind appearing of record in the District Court of Fayette.
In the case of William and David Oliver, the indictments being lost or stolen, and it appearing that the prosecuting witness had settled with defend- ants. it was "ordered that said witness (Richard Carson) pay the costs of this prosecution."
There were twenty-three cases on the docket at this term.
TOWNSHIPS CREATED.
Ordered, That Township 91 north of Range 9 west, be and is hereby organized as a town under the name of Jefferson. The first election to be held first Monday in August next ; to be held at the house of Aden Eldridge. June 4, 1855.
Ordered, By the County Court, this day, that Township No. 94, Range 10 west, be and is hereby constituted a political and judicial township, under the name of Richland. The same is to be set off from the town of Eden July 14, 1855.
On petition of William Broadbent, James Clark, H. H. Stooks and others, Sections 31, 32, 33, 34, 35 and 36 in Township 95 north of Range 10 west, were set off from said township and annexed to the township of Richland. July 17, 1855.
Ordered, That Township 93 north of Range 10 west, be and is hereby organized as a town for election and judicial purposes, under the name of Banks. The first election to be held on the first Monday in April, 1856, at the house of G. Linn. February 4, 1856.
W=Medlintock
EDITOR FAYETTE CO. UNION WEST UNION
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HISTORY OF FAYETTE COUNTY.
The General Assembly of Iowa enacted a liquor law in January, 1855, under which town and county liquor shops were legalized. Community required spirituous liquors for medicinal and mechanical purposes, and agencies were pro- vided for, that the people should not be deprived of the article when they wanted it for use as a medicine or in mechanics. It is said that, for a time, sickness prevailed among both men and horses to an unprecedented extent. Fayette County was not behind her sister counties, and the following order indicates that the County Judge had appointed a Liquor Agent, although neither that officer or the Clerk considered the matter of sufficient importance to be pre- served of record :
Ordered, That H. W. Hart be allowed the sum of $100.00, as Liquor Agent, for the purpose of purchasing liquor for the county, to be sold under the provisions of the Liquor Law.
ANOTHER CELEBRATION.
The people of Fayette County celebrated the Fourth of July at West Union in 1855. The procession formed in the public square and marched to the grove, under command of Col. Webber, of Pennsylvania, aided by Drs. Hart and Fuller.
Arrived at the grove, the ceremonies were commenced with prayer by Rev. John Webb. The Declaration was read by Hon. J. W. Rogers. Oration, by D. C. Dunlap, Esq. Dinner in the public square, prepared by Somers & Brewer. The Pioneer estimates that there were 1,500 people in town on that day.
COUNTY FINANCES.
From a stray copy of the Fayette County Pioneer, of July 10, 1855, pre- served by William Cowle, Esq., of West Union, is copied the following state- ment of the financial condition of Fayette County, as it existed at that time, as shown by
THE COUNTY JUDGE'S REPORT.
The law requires that the County Judge shall cause a "statement" of the receipts and expenditures of the county to be made on the first Monday of July, annually ; and have copies of the same posted at the Court House door and in two other public places in the county.
As the statement thus posted may not generally be seen or examined, a brief exhibit of the facts contained therein will be found below :
RECEIPTS.
Amount of tax assessed for county purposes for 1854. $4,025 59
Amount paid for county warrants. 3,285 16
Balance in favor of the treasury.
$740 43
Amount of warrants issued up to July 3, 1855, to meet current ex- penses. $2,984 50
Whole amount of fees received by county officers 934 70
Amount of county officers' salaries, paid in county warrants. 765 30
Notes on hand, given for the sale of county lots. 203 81
Money on hand, arising from the sale of county lots. 127 65
Donation money paid on Court House contract, secured by mortgage. 100 00
Paid on the Court House from the treasury, secured by mortgage ..
120 00
EXPENDITURES.
Delinquent tax for 1854.
$300 83
Fees applied in payment of county officers' salaries. 934 70
County officers' salaries. 1,700 00
There have been several items of expense paid during the last year apart from the ordinary expenditures of the county. The selecting and survey of the swamp lands, together with the expenses of the State road, have both been paid during the past year.
C. A. NEWCOMB, County Judge.
WEST UNION, July 3, 1855.
E
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HISTORY OF FAYETTE COUNTY
LOST ON THE PRAIRIE.
In December, 1855, Mr. N. W. Spears, who had settled in Township 92, Range 10, in August previous, purchased a cow of a settler in Smithfield Town- ship, and went with his boys, Frank, aged 13, and Hart, 12 years, to drive the animal home. They hitched the cow to the "tail end " of the wagon and started for home about 2 o'clock P. M., but they had gone only a short distance when the refractory animal broke away. They pursued her until sunset, when they arrived at the cabin of Mr. Barnes, at Long Grove. This was six miles from home, and there was no other cabin on the prairie. It is said that Spears and his boys drove their cow into Barnes' yard and " desired to stay all night, but they (Barnes' folks) would not keep them ; " but this was very unlike West- ern pioneers, who were remarkable for their hospitality ; and one can scarcely credit that anybody would turn away a neighbor on a cold Winter's night. However this may have been, Mr. Spears and his sons started for home, lead- ing the cow. Soon after they started, darkness overtook them and the wind changed to the northwest and blew a gale, driving the snow before it in clouds, and the little party soon became bewildered. They struck the south fork of the Volga too far south, turned and followed it northward a mile or two and then crossed. Taking the wind for their guide, they traveled until about midnight, when they brought up at Crab Apple Grove, about six miles south of home. Here they found a track leading homeward, which they followed and arrived at home about 2 o'clock P. M., having been twenty-four hours without food and nearly exhausted.
During the Winter of 1856-7, H. W. Zimmerman, Peter Corbly, Joshua Burch and S. R. Maslay got lost on the way from Strawberry Point, and trav- eled in a circle for a long time. A severe snow storm was prevailing, and it was with the utmost difficulty that they reached home after abandoning their load of corn. Mr. Zimmerman was so much exhausted when he reached home that he could not speak, and his face was covered with ice and snow.
A FATAL PRAIRIE FIRE.
Early in the Fall of 1855, Rev. Mr. Thompson, with his family, came to Township 94 north, Range 10 west, near where Bethel Post Office now is, and commenced to build a house and make a farm. His family consisted of four sons and one daughter. One morning, Mr. Thompson, with his son, a boy about 12 or 13 years of age, started for Hickory Grove, about two miles north of his farm, to secure timber for a cattle shed. They had loaded their wagon and started for home about noon or shortly after. At this time, a prairie fire was raging, and, it being late in the Fall, the grass was tall and dry, and made a fearful, scorching, roaring wave of flame that rushed over the prairie with the velocity of the wind. Mr. Thompson saw his danger ; he also saw the glaring wall rolling directly for the little settlement ; he did not hesitate, but started for home as fast as possible, crossed Crane Creek, the Bradford and McGregor road, and had reached a point within three-quarters of a mile of home, when a. sheet of smoke and flame whirled against the oxen and they sheered off into a. hazel underbrush. Here Mr. Thompson, seeing they could go no farther, unyoked them, hoping they might run from the fire and save themselves. In this he was disappointed ; one going a few steps, fell and died, the other dropped in his tracks. Mr. Thompson then stripped off his burning clothes, which were of cotton, with the exception of his boots and shirt, and started for the settlement, which he reached, and, running into the house of Mr. Potter, crawled into bed
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HISTORY OF FAYETTE COUNTY.
without being observed by any of the family, who were out fighting fire. His agony can better be imagined than described. Upon the family's return to the house, they found Mr. Thompson in bed. He told them that his boy was on the prairie and he expected he was dead. About this time, the mail carrier or expressman, Corey, who ran between Bradford and McGregor, came along, and, hearing the boy was on the prairie, took his wagon and started after him, bring- ing him to the house, where he expired soon after. A physician was sent for, but could do no good, Mr. Thompson passing away before morning. His remains, together with his son's, were brought to West Union for burial.
THE COURT HOUSE.
As stated in the preceding pages, there appear to have been some steps taken in 1853-4 with the view to the erection of a Court House. Mr. Wells and Mr. Rogers had donated town lots and other lands to the county, the pro- ceeds of which were to be appropriated to building a county building at West Union ; and there was a fund already accumulating for this source, although the people had voted against levying a tax for that purpose. Acting Judge Burdick had entered into a contract with Hutchinson for the erection of the walls of a brick building, which, when finished, would be a Court House ; but this scheme had been abandoned.
At the August, 1854, election, Gabriel Long became County Judge, and the effort to build a Court House was renewed. The people of West Union subscribed liberally to aid in completing the building, but how much was sub- scribed can never be known, as the subscription paper was lost. Among the subscribers to the fund, as recollected by Mr. Samuel Hale, were William Wells, D. Wells, Aaron South, Henry C. Lacy, D. Lacy, Dr. Levi Fuller, A. Albert son, Rev. John Webb, George Beamer, Henry Smith, Reeves and Samuel Hale.
The first entry of record of any action of the County Court, under any administration, relating to the Court House, was made February 22, 1855, when Judge Long made the following :
Ordered, That G. Covey be allowed the sum of twelve dollars for drawing draught for the Court House.
About the same time, although it does not appear of record, Judge Long entered into a contract with Samuel Hale to build a Court House. The infer- ence is that several propositions were submitted to Judge Long, for the Pioneer of March 14, 1855, contained the following :
Mr. Hale's proposition to build a Court House being the most favorable, the job was let to him for the sum of $6,740. Bonds having been entered into between the two parties to the effect that 'the house shall be completed on or before the 1st day of August, 1856. Inasmuch as Mr. Hale has given a mortgage on some 460 acres of land instead of personal security for his faithful fulfillment of the contract, and as one-fourth of the amount due him at each estimate but the last one is to be retained as still further security, we think the county is on the safe side of that bargain. There can now be no doubt that we shall have a Court House at the time specified in the contract.
Mr. Hale at once made a contract with Mr. Eggleston for the brick, and got out all the timber for the building-hewed it, but did not haul it out of th woods.
March 14, 1855, Judge Long ordered " that Samuel Hale be allowed the sum of $120.00 on Court House contract ; " and in the County Judge's account book is the following entry of the same date, March 14, 1855, viz .: "Paid by Gabriel Long, County Judge of Fayette County, Iowa, $200.00 to Samuel Hale, on Court House contract."
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HISTORY OF FAYETTE COUNTY.
On the same day, March 14, 1855, Judge Long signed a receipt for $100.00, received of William Wells " to apply on his donation for court purposes, the original subscription being lost."
Judge Long was succeeded by C. A. Newcomb, as acting County Judge, about the middle of April, 1855.
The people of Fayette and other points in the southern part of the county made determined opposition to the building of a court house at West Union. A party of Fayette gentlemen came to West Union about that time, stopped at the " United State; Hotel," then kept by Samuel Hale, ostensibly on business. These gentlemen asked Mr. Hale to show them his contract, but he made some excuses; at last they demanded that he should show it, and he as squarely refused. They then left the "United States " and went to another house.
The pressure upon Judge Newcomb was so strong that he finally decided that he would not confirm Long's contract with Hale, and " threw it up."
" About that time," says Mr. Sharky, " Fayette offered large inducements to have the county seat removed to that place, among which inducements was the offer to build a court house without expense to the people. That caused all the trouble, delay and backing down of the officials."
The Pioneer of June 5th says :
There have been lots donated to the county, for the purpose of aiding to erect public build- ings at West Union. These contributions were not only willingly accepted by the county, but it commenced suit against one of the donors (thought now to be Henry F. Smith) for a clear title, who paid the forfeit in the bond rather than to give a deed for the land.
Although acting Judge Newcomb had refused to recognize Mr. Hale's con- tract and work had stopped, the question was not settled, but became an impor- tant and exciting element in the local election in August. Newcomb was a can- didate for County Judge, and the voters were anxious to know his views on the subject of building a Court House at West Union.
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