USA > Iowa > Henry County > The history of Henry county, Iowa, containing a history of the county, its cities, towns, &c. > Part 45
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When the early settlers were compelled to make these long and difficult trips to mill, if the country was prairie over which they passed, they found it comparatively easy to do in summer, when grass was plentiful. By traveling until night, and then camping out to feed the teams, they got along without much difficulty. But in winter such a journey was attended with no little dan- ger. The utmost economy of time was, of course, necessary. When the goal was reached, after a week or more of toilsome travel, with many exposures and risks, and the poor man was impatient to immediately return with the desired staff of life, he was often shocked and disheartened with the information that his turn would come in a week. Then he must look about for some means to pay expenses, and he was lucky who could find some employment by the day or job. Then, when his turn came, he had to be on hand to bolt his own flour, as, in those days, the bolting machine was not an attached part of the other mill machinery. This done, the anxious soul was ready to endure the trials of a return trip, his heart more or less concerned about the affairs of home.
These milling trips often occupied from three weeks to more than a month each, and were attended with an expense, in one way or another, that rendered the cost of breadstuffs extremely high. If made in the winter, when more or less grain-feed was required for the team, the load would be found to be so con- siderably reduced on reaching home that the cost of what was left, adding other expenses, would make their grain reach the high cost figure of from $3 to $5 per bushel. And these trips could not always be made at the most favorable season for traveling. In spring and summer, so much time could hardly be spared from other essential labor; yet, for a large family, it was almost impos- sible to avoid making three or four trips during the year.
Among other things calculated to annoy and distress the pioneer, was the prevalence of wild beasts of prey, the most numerous and troublesome of which was the wolf. While it was true in a figurative sense that it required the utmost care and exertion to "keep the wolf from the door," it was almost as true in a literal sense.
There were two species of these animals-the large, black, timber wolf, and the smaller gray wolf that usually inhabited the prairie. At first, it was next to impossible for a settler to keep small stock of any kind that would serve as a prey to these ravenous beasts. Sheep were not deemed safe property until years after, when their enemies were supposed to be nearly exterminated. Large numbers of wolves were destroyed during the early years of settlement- as many as fifty in a day in a regular wolf-hunt. When they were hungry, which was not uncommon, particularly during the winter, they were too indis- creet for their own safety, and would often approach within easy shot of the settlers' dwellings. At certain seasons, their wild, plaintive yelp or bark could be heard in all directions, at all hours of the night, creating intense excitement among the dogs, whose howling would add to the dismal melody.
It has been found, by experiment, that but one of the canine species-the hound-has both the fleetness and courage to cope with his savage cousin, the wolf. Attempts were often made to capture him with the common cur, but this animal, as a rule, proved himself wholly unreliable for such a service. So long as the wolf would run, the cur would follow; but the wolf, being apparently
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acquainted with the character of his pursuer, would either turn and place him- self in a combative attitude, or else act upon the principle that "discretion is the better part of valor," and throw himself upon his back, in token of sur- render. This strategic performance would make instant peace between these two scions of the same house; and, not infrequently, dogs and wolves have been seen playing together like puppies. But the hound was never known to recog- nize a flag of truce; his baying seemed to signify "no quarter," or at least so the terrified wolf understood it.
Smaller animals, such as panthers, lynxes, wildcats, catamounts and pole- cats, were also sufficiently numerous to be troublesome. And an exceeding source of annoyance was the swarms of mosquitoes which aggravated the trials of the settler in the most exasperating degree. Persons have been driven from the labors of the field by their unmerciful assaults.
ORGANIZATION.
It has already been shown that the county of Henry was one of the original subdivisions of Des Moines County. The act creating those first counties was passed by the Wisconsin Territorial Legislature in 1836. Under that political organization the business of formally constructing Henry County proceeded, as subsequent records will show. But the act which is here quoted is the one passed by the Territorial Legislature of Iowa in 1838, confirming the first act .. The clauses relating to this particular locality are here given :
AN ACT to establish the boundaries of the counties of Lee, Van Buren, Des Moines, Henry, Louisa, Muscatine and Washington, to locate the seats of justice in said counties and for other purposes.
SECTION 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, inter- sect said line; thence west with said line to the range line between Ranges Eight and Nine; thence south with said line to the township line dividing Townships Seventy and Seventy-one north; thence east 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-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 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. 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 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.
EARLY SESSION LAWS.
While referring to Territorial enactments, it is proper to introduce here those laws concerning Henry County which were approved at an early date, and are curious because of age. In order to preserve them in one collection, we place them here.
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HISTORY OF HENRY COUNTY.
The first Territorial road of which mention is made in the Session Laws of the Territory of Iowa, and which ran to Henry County, was established in 1838. As a bit of curious record, the original bill is here given :
AN ACT to locate a road from Fort Madison, in Lee County, to Trenton, in Henry County.
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That William Skinner, of the County of Lee, and Samuel Brazelton and Myriam Kilbourn, of the county of Henry, be, and they are hereby, appointed Commissioners to locate and mark a Territorial road, com- mencing at the town of Fort Madison, on the Mississippi, running thence on the nearest and best route to Baltimore, in Henry County, thence on the near- est and best route to Mount Pleasant, in said county, thence on the nearest and best route to Trenton, in said county.
SEC. 2. That the said Commissioners, or any two of them, shall meet in the town of Fort Madison on the first Monday in April next, for the purpose of proceeding to the discharge of their duties, and that they be, and are hereby authorized to adjourn from time to time, as a majority of them may deem proper ; and that in case the aforesaid Commissioners, from any cause, shall fail to meet at the time and place aforesaid, or at any other time to which the said Commissioners may have adjourned, that then the Sheriff of Lee County be authorized, and he is hereby required, upon the application of any one of said Commissioners in writing of some other day, to be by him appointed, and the Commissioners, when assembled, shall proceed to lay out and mark said road, according to the provisions of said law in such cases made and provided.
Approved Dec. 19, 1838.
The improvement of the water-power afforded by the Skunk River was one of the most important public enterprises, in the early times. As a result of the efforts of secure Territorial aid, the following bills were passed :
AN ACT to authorize Robert Willson, his heirs or assigns, to erect a dam across Skunk River.
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Robert Willson, his heirs or assigns, are hereby authorized to construct a dam across Skunk River, in Henry County, in said Territory, in Section Twenty-four, in Town Seventy-one north, in Range Seven west, at the seat now occupied by said Robert Willson ; said dam shall contain a convenient lock, not less than seventy-five feet in length and fifteen in width, for the passage of steam, keel and flat boats, and rafts, and other water crafts.
SEC. 2. It shall be the duty of the person authorized in the preceding sec- tion of this act to build said dam, at all times to keep the lock in the same good repair ; and he shall, at all reasonable times, pass any water-craft above men- tioned through, free of toll, without any unnecessary delay. Any person who shall be unnecessarily detained shall be entitled to recover of said owner, or owners, double the amount of damages they shall prove to have sustained by reason of such detention.
SEC. 3. Any person who shall destroy, or in anywise injure, either said dam or lock, shall be deemed to have committed a trespass, and shall be liable accordingly. And any person who shall willfully or maliciously destroy or injure either said lock or dam, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined treble the amount of damages the owner,
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or owners, may have sustained, or be imprisoned, at the discretion of the Court ; Provided such imprisonment does not exceed three months.
SEC. 4. Nothing herein contained shall authorize the individual named in this act, his heirs or assigns, to enter upon or flow the lands of any person, without the consent of such person; and he shall remove all such nuisances as. may be occasioned by the erection of said dam, which may endanger the health of the vicinity.
SEC. 5. The Legislature of the Territory (or State) may at any time alter or amend this act, so as to provide for the navigation of the said river.
Approved January 19, 1839.
AN ACT to authorize Hiram C. Smith and - Cordell to erect a dam across. Skunk River.
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Hiram C. Smith and - Cordell be, and they are hereby, authorized to construct a dam across Skunk River, in Henry County, in said Territory, at a point in Section Twenty-eight, Township Sev- enty, north, Range Five west ; which dam shall not exceed four feet above. common low-water mark, and shall contain a convenient lock, not less than one. hundred and thirty feet in length and thirty-five feet in width, for the passage. of steam, keel and flat boats and rafts, and other water-crafts ; Provided said water-crafts will bear two tons burden ; And provided, further, That said dam and lock shall be completed within the term of four years from the passage of this act.
SEC. 2. It shall be the duty of the persons authorized in the preceding section of this act to build said dam, at all times to keep the lock in good repair, and they shall, at all reasonable times, pass any watercraft above men- tioned free of toll, without any unnecessary delay ; and any person who shall be- unnecessarily detained shall be entitled to recover of the owners double the- amount of damages they shall prove to have sustained by reason of said detention.
SEC. 3 Any person who shall destroy or in anywise injure either said dam or lock, shall be deemed to have committed a trespass, and shall be liable. accordingly ; and any person who shall willfully or maliciously destroy or- injure said lock or dam, shall be deemed guilty of a misdemeanor, and, on con- viction thereof, shall be fined treble the amount of damages sustained, or be- imprisoned at the discretion of the Court.
SEC. 4. Nothing herein contained shall authorize the individuals named in. this act, their heirs and assigns, to enter upon and flow the lands of any person, without the consent of such person ; and they shall remove all such nuisances, as may be occasioned by the erection of said dam, which may endanger the. health of the vicinity.
SEC. 5. The Legislature of this Territory (or State) may at any time. alter or amend this act, so as to provide for the navigation of said river. Approved Januany 23, 1839.
Samuel and John B. Crawford were authorized to erect a dam across Skunk. River, in Henry County, at a point in the southeast quarter of Section 31, on the 15th of January, 1841.
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HISTORY OF HENRY COUNTY.
COUNTY COMMISSIONERS' RECORDS.
A literal transcript is here given of the first entry in the original Commis- sioners' minutes :
" WISCONSIN TERRITORY, HENRY COUNTY, January 16, 1837. " Special Term Supervisors' Court, Henry County (at Mt. Pleasant).
"Order No. 1 .- Robert Caulk, Samuel Brazelton and George J. Sharp, who, being duly elected on January, the 13th, 1837, and so returning who appeared, took the oath of office and held said court.
"No 2 .- The court then proceeded to examine the returns of the election, held on the said 13th of January, for County Treasurer and Coroner, and the said court delares that Dayton C. Ruberts is duly elected County Treasurer and John Riddle is duly elected Coroner for said county. Dayton C. Ruberts, being called, appeared and gave security to the satisfaction of said court.
" Then, in the presence of said court, received of the County Clerk, then acting Treasurer, the money and books to said office belonging.
" No. 3 .- On motion, the court then ordered called the following persons, who be duly elected Constables for said county, viz .: Nathaniel Scott, H. M. Snider, Richard Childers, Levi Smith and William Stout, who appeared, gave bonds and securities to the satisfaction of said court; and further, it is ordered that the Clerk take bond and security of James Williford, Joel Bennett, - Hilton and - Mintor, and present the same to the County Commissioners' court for their approval.
" No. 4 .- On application of George Moffit, Senior, for pay for services as Judge and Clerk of the election held on January the 13th, 1837.
" No. 5 .- It is ordered that said Judges and Clerks be allowed seventy cents each, and that an order issue to the County Treasurer for the same.
" No. 6 .- On order of J. D. Payne, for account rendered per bill, $4.49 cts., be allowed, and that an order issue for the same.
" No. 7 .- Ordered by said court, that the Clerk set up advertisements in the different parts of the county of Henry, that on the second Monday in Feb- ruary next, that there will be holden a Supervisors' Court, special term. All persons having business are requested to attend. The court then adjourned until said day.
Supervisors."
"J. D. Payne, C. H C."
The initials, "C. H. C.," under Payne's name, filled out, mean " Clerk of Henry County." In one place, he adds to his name the initials, " D. P. C. B. C. C. H. C. I. T." In the first meeting, the Supervisors neglected to affix their signatures.
The 13th day of February, 1837, was the date of the next meeting held.
There was a slight conflict in the Board as to orders in those early days. For instance, on February 17, 1837, the Board "ordered that the contract for building a Court House in Mount Pleasant pass the Board, and that the Super- visors receive sealed proposals for the work on said contract."
In May, of that year, the order was rescinded.
On June 24, the same year, the Board "ordered the building of the Court House in the town of Mt. Pleasant, on Lot 2, in Block 10 of the following size, to wit: 30x18 feet in size and ten feet high between the joice."
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HISTORY OF HENRY COUNTY.
In accordance with an act of the United States Congress, of May, 1824, granting the right of pre-emption to seats of justice of counties, etc., the Board ordered that the right to pre-empt four forty-acre lots be claimed. This, December 16, 1837.
This order was rescinded February 5, 1838, and again ordered into force on the 6th of the same month.
On June 26, 1839, the county seat was located on the west half of the south- east quarter and the east half of the southwest quarter of Section 9, Township 71 north, Range 6 west.
The first county building was finished in the fall of 1839, the builders being George W. Patterson, Levi Hagar and Everet Rogers. The jail, a square log building, 16x16, was completed about the same time, John H. Randolph being principal builder.
The first seal used by the Commissioners was a twenty-five cent silver piece, impressed in wax. The date of the coin is not visible, although the seal was given April 20, 1839.
The first grand jury ordered hy the Board was October 2, 1838. The names were as follows :
Jacob Burge, Absalom Cornelius, Hezekiah Lee, Samuel Wells, Zenoway Plunket, William I. Wosal, John S. Stephenson, Robert Simmons, Richard Stuart, Samuel S. Walker, Amos Lemmons, Lewis Watson, William Thrash, Paton Wilson, Samson Smith, Elijah Breading, Samuel C. Smith, Thomas Leas, John M. Hanson, Lambeth Heath, William B. Lusk.
Following these, came the petit jurors :
Lewis F. Temple, John Hale, William Walters, David McKnight, P. C. Tiffany, Alexander Hollingsworth, James Richey, William Faulkner, Peter Boyer, George Maffitt, Jr., Daniel Sears, Joel C. Garretson, Larkin Johnson, Samuel Ghearhart, Joseph Ingersoll, Berry Jones, James Mitts, William M. Morrow, John T. Davis, Barney Bristine, S. E. Sweet, William Abernathy, E. Rogers, Benjamin Gholson.
The first road laid out by the Board was from Mount Pleasant to Rome, in the spring of 1837. The next was from Mount Pleasant to New Baltimore. Another was soon afterward established to the county line of Fleury County. Another to Bullock and Holcomb, and another to Lockridge, Des Moines River and to Philadelphia-all starting from Mount Pleasant.
BURLINGTON & MOUNT PLEASANT PLANKROAD.
On March 14, 1853, Judge Edwards, then holding County Court at Mt. Pleasant, issued the following license to the Burlington & Mount Pleasant Plank- road Company :
" WHEREAS, Application has been made to that effect, and due cause therefor has been shown to the satisfaction of this Court, it is hereby ordered, That license be granted to the Burlington & Mount Pleasant Plankroad Company, as such Company, in accordance with the provisions of the Code of Iowa, to continue and be in force until the expiration of fifteen years from and after the first day of January, A. D. eighteen hundred and fifty-three (1853); and that the exist- ing dirt-road, running from Mount Pleasant in the direction of Burlington, be discontinued during the continuance of such license, so far as the same runs by the side of the plankroad belonging to said Company, the conditions of said license and said discontinuance to be as follows, to wit :
" Said Company is (are) to keep the existing plankroad, so far as the same runs in this county, in good order and in a safe traveling condition as a plank-
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HISTORY OF HENRY COUNTY.
road, for the term of fifteen years, as aforesaid-reasonable time being allowed in all cases to make repairs.
"Said Company is (are) to charge no higher than the following rates of toll, to wit : For a four-horse vehicle, per mile, 3 cents ; for a three-horse do, 23 cents; for a one or two-horse do, 2 cents ; for a two-ox do, 2 cents; for a four-ox do, 3 cents; for each additional yoke, 1} cents ; for a horseman, 1} cents ; for each head of loose cattle, horses or mules, } cent ; for each head of hogs or sheep, ¿ cent.
"Said Company is (are) to charge no higher than the present rates of toll previous to the first day of January, 1854.
" Said Company is (are) to cause the toll gates to be established on said road to be attended or left open during all hours of the day and night; is (are) neither to demand nor take any illegal tolls : and also to perform, or cause to be performed, all other duties which are or may be enjoined upon it as such Company by law :
" Said Company is (are) to allow persons living on said road or in its vicin- ity, and regularly traveling the same in the prosecution of their ordinary busi- ness, or in going to and from their regular places of business or meeting, to pay quarterly, in advance, for such privilege such reasonable sum as may be agreed upon by the parties or fixed by the County Court; not including, however, such persons as follow teaming on said road as a regular branch of business.
"Said Company is (are) to report annually to said County Court the state of its (their) finances, showing the total amount of its (their) receipts and the total amount of its (their) expenditures for repairs and other necessary expenses, during the preceding year.
"Said Company is (are) to divide between the counties of Des Moines and Henry the proceeds of said road, after deducting the expenditures as aforesaid, and also ten per cent per annum on the original cost of the road ; said division between said counties to be in proportion to the length of the dirt-road discon- tinued in said counties, respectively, as herein ordered in the case of Henry County, and to be made at the expiration of the aforementioned fifteen years. (By the proceeds and cost, as above mentioned in this clause, are meant the proceeds and cost of the entire plankroad belonging to said Company in Des Moines and Henry Counties.)
"It is hereby expressly understood and provided, that if said Company shall at any time abandon said road as a plankroad, then, and in that event, the said road, so far as the same lies in this county, with all of its opportunities, and all of the rights and interests of said Company therein, shall be forfeited to and become the property of said Henry County.
" And said Company having filed its (their) bond in this office, conditioned as the law requires in such cases, license is this day issued as above.
"M. L. EDWARDS. " County Judge."
HENRY COUNTY POORHOUSE.
The question of building a county Poorhouse was first agitated in 1853. On March 1 of that year, Judge Edwards issued the following :
" WHEREAS, A proposition was submitted to and voted upon by the people of this county at the election held on the first Monday of the present month, in the manner provided by law for submitting questions to a vote of the people ; whereas, satisfactory evidence has been produced to the court showing that the requirements of the law in such cases have been substantially complied with,
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HISTORY OF HENRY COUNTY.
and that the proceedings in the premises have been regular and legal ; and whereas, a majority of the votes thus cast were in favor of said proposition.
" Therefore, the said proposition and the result of the said vote are entered at large on this record as follows, to wit :
PROPOSITION.
STATE OF IOWA, Office of the County Judge.
COUNTY OF HENRY,
To the People of Henry County :
You are hereby notified that, at the April election, to be holden in this county on the first Monday of April next, a vote will be taken at the poll on the following question, to wit :
"Shall a Poor House Be Established ?"
Form of taking the question : "For Poorhouse," " Against Poorhouse." The vote to be viva voce, and entered on the poll-books.
"Should the majority of the votes cast be in favor of such establishment, the County Judge will be authorized to incur an expenditure for such purpose of two thousand and five hundred dollars; to borrow money therefor at a rate of interest not exceeding ten per cent per annum ; to make the necessary con- tracts for the purchase of lands and the erection of suitable buildings, and to levy an annual tax to defray such expenses of one mill on a dollar, to be con- tinued from year to year until the amount is paid.
" M. L. EDWARDS, " MARCH 1, 1853. County Judge." . The result of the vote cast was as follows: Whole number of votes cast, 980. "For Poorhouse," 702; " Against Poorhouse," 278.
BURLINGTON & MISSOURI RIVER RAILROAD.
In 1853, it became noised about that a railroad was to be run through Henry County, provided the people would help the matter along. Accordingly, the following was developed :
" WHEREAS, A proposition was submitted to and voted upon by the people of this county, at the election held on the first Monday of this month, in the manner provided by law for submitting questions to a vote of the people ; whereas, satisfactory evidence has been produced by the court showing that the requirements of the law in such cases have been substantially complied with, and that the proceedings in the premises have been regular and legal ; and whereas, a majority of the votes thus cast were in favor of said proposition ;
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