USA > Iowa > Iowa County > The history of Iowa County, Iowa, containing a history of the county, its cities, towns, &c. > Part 44
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.. " (Signed)
HENRY STARRY, Justice of the Peace.
" Recorded.
"Given under my hand this 2d day of November, A. D. 1846. " ROBERT MCKEE,
"County Recorder of Iowa county, I. T."
FIRST REAL ESTATE MORTGAGE.
The mortgage, that formidable condensing instrument so much used in later times to contract the estates and chattels of the money borrower was early employed in Iowa county. The first instrument of this kind used in Iowa county, dates from the 15th of September, 1847, and is as follows:
"This indenture, made this 15th day of September, in the year of our Lord one thousand eight hundred and forty-seven, between Joel Culver, of the county of Iowa, and the State of Iowa, of the first part, and William McCorkell, of the same place of the other part, witnesseth: That in consi- deration of the sum of eight hundred dollars to the said Joel Culver in hand paid by the said William McCorkell, the receipt of which is hereby acknowledged, the said William McCorkill hath granted, bargained and sold and conveyed, and by these presents doth grant, bargain, sell and con- vey unto the said Joel Culver, his heirs and assigns forever all that tract or parcel of land situated and lying in the county of Iowa, being the north- east quarter of the northwest quarter of section number twenty-five, in township number eighty-one north, of range number nine, west, contain- ing forty acres, together with all the privileges and appurtenances to the same in any wise appertaining and belonging, to have and to hold the same to the said Joel Culver, his heirs and assigns forever. And the said William McCorkell for himself, his heirs, executors and administrators covenants with the said Joel Culver, his heirs and assigns, that the said William McCorkell, is lawfully seized in fee of the aforesaid premises, that he has good right to sell and convey the same to the said Joel Culver, and that he will, and his heirs, executors and administrators shall, warrant and defend the same to the said Joel Culver, his heirs and assigns forever against the lawful claims and demands of all persons; provided, nevertheless, that if the said Joel Culver, his heirs, executors or administrators shall pay the
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344
HISTORY OF IOWA COUNTY.
said William McCorkell, his heirs, executors, administrators or assigns the said sum of eight hundred dollars with lawful interest on or before the first day of March A. D. 1852. Then this deed as also a certain obligation bear- ing even date with these presents, given by the said Joel Culver to the said William McCorkell, in the sum of eight hundred dollars, conditioned to pay the above mentioned sum and interest at the time aforesaid shall both be void to all intents and purposes; otherwise shall remain absolute. In wit- ness whereof the said Joel Culver, hath hereunto set his hand and seal the day and year first above written.
" (Signed) JOEL CULVER.
" Signed, sealed and delivered in presence of :
" P. H. PARNES,
" JOHN A. HUNTER.
"Given under my hand this 27th day of September, A. D. 1847.
" ROBERT MCKEE, " Recorder, Iowa county, Iowa."
FIRST CHATTEL MORTGAGE.
"J. M. KNOX TO
"H. B. LYNCH.
"This agreement made August 26, A. D. 1853, between John Knox of Iowa county, and State of Iowa, and Hugh B. Lynch, of the county and State aforesaid, witnesseth: That the said Knox, in consideration of $30.00 to him paid by the said Lynch, hath sold and by these presents doth grant, bargain, sell and convey unto the said Lynch, the following described prop- erty, now in my possession; to-wit, One two-horse wagon, known as the Carter wagon, a wagon that the said Knox bought of W. C. Carter.
" This grant is intended as a security for the payment of a certain note executed on the 26th day of August, A. D. 1853, by the said Knox to the said Lynch, calling for the sum of $30.00, with ten per cent interest until paid, payable on or before the 25th day of December next. If said note, with the interest aforesaid, is paid when due this conveyance shall be null and void, otherwise in force; and it is farther agreed in case said note with the interest thereon is not promptly paid, that the aforesaid Lynch may pro- ceed in a lawful inanner, and cause the property aforesaid to be sold, or any other property owned by the said Knox for the payment of said debt. In witness whereof the said Knox has hereunto set his hand the day and year first above written. "(Signed) J. M. KNOX.
"' STATE OF IOWA, "IOWA COUNTY.
"This is to certify that the above named Knox appeared before me, Mar- tin Ballard, a justice of the peace in and for said county, and acknowl- the signing of this conveyance to be his voluntary act for the purpose therein named, August 26, A. D. 1853.
"(Signed)
MARTIN BALLARD, J. P.
"Given under my hand, November 7, 1853.
" ROBERT MCKEE,
"County Recorder of Iowa County, State of Iowa."
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345
HISTORY OF IOWA COUNTY.
FIRST COURT RECORD.
"Iowa Territory, Iowa county, April 20, 1846. This being the day appoint- ed by law for holding the District Court in and for said county and there being no inhabitants at the county seat the court had its session at the house of Robert M. Hutchinson, that being the most suitable place. Present, the Honorable Joseph Williams, presiding judge; I. B. Lash, deputy mar- shal and Robert McKee, clerk of said court. Whereopon there having been no venire issued, either for grand or petit jury for the United States or for the Territory, and it appearing to the court that there was no busi- ness requiring a continuance of the session of the court; further ordered by the court that until a permanent seal be purchased for the District Court of this county, the eagle side of the American dime shall be used as the temporary seal of this court. Ordered, that the court adjourn until the next regular term in course.
"J. WILLIAMS, Judge.
" Report of committee to examine for admission to the bar. Circuit Court.
" Filed April 28, 1876.
A. B. ESHLEMAN, Clerk.
" To the Circuit Court of Iowa County, Iowa-The undersigned, your committee to whom has been referred for examination and report that ex- amination of for admission to the bar, respectfully report that we have had the applicant under advisement and that we are fully satisfied that he is 21 years of age, that he possesses the required learning to enable him to perform the duties of attorney; that he is a resident of the State, and that he is a person of good moral character until a recent date charges have been made against him and withdrawn and we therefore recommend his admission.
Committee.
RECORD OF FIRST MARRIAGE.
"WM. C. CARTER TO
"S. A. TINKLE.
"I, Henry Starry, a justice of the peace in and for the county of Iowa do hereby certify that I joined in the holy state of matrimony on the nine- teenth of April, 1846, Mr. William C. Carter, aged 33 years and Miss Sid- ney Ann Tinkle, aged 25 years, both of the county of Iowa, Territory of Iowa.
"(Signed) HENRY STARRY, "Justice of the Peace. .
"Given under my hand this 19th day of July, A. D. 1846.
"ROBERT MCKEE, "Clerk D. C., I. C., I. T.''
346
HISTORY OF IOWA COUNTY.
GROWTH OF COUNTY.
The official act of the Territorial General Assembly authorizing the organ- ization of Iowa county was adopted during the winter of 1845 and 1846. The first settlement was made in March, 1840. It will therefore appear that the county was not organized till some four or five years after the first settlement. The Indian title to the lands in the greater part of the county did not expire till May 1, 1843, and after this date it was some time before the whites appeared in very considerable numbers, so as to war- rant the trouble and expense of separate organization. After the first set- tlements of the county till organization, Iowa county was a precinct of Johnson county. This condition of dependence was 'not calculated to stim- ulate its growth, yet, during that time, it was surely though slowly laying the foundation of future independence.
The work of organization properly begun with the State Legislature and was perfected, or rather it was carried into effect, at the organizing election, which was held in accordance with the act of the Legislature; at said elec- tion the various county officers were elected and the machinery which the legislature prepared was set in motion.
Thus the early settlers were for a time in a peculiar situation. They dwelt in, but were not properly citizens of Iowa county, since there were no county courts, or other authority to control their actions, and they were still in these respects under the discipline of another county.
For judicial and other purposes the county was still a part of another county, and so continued until its formal organization was completed. It does not appear that there was much call for the exercise of this authority, or that the loose and ill-defined county government produced any bad ef- fects. "The laws are for those who need them," and the early settlers dwelt together in harmony that did not call for the interference of sheriff and judge. This is a somewhat remarkable feature of the county and con- trasts with the experiences of other portions of the West.
The history of Iowa county during the time of its dependence upon John- son county was the same as the history of other and neighboring counties: thus Mahaska county for some time was attached to Washington; Wash- ington, in its time, had been attached to Louisa, and Louisa had formerly been dependent on Des Moines. So, in later years, Dallas county, Boone county, and the whole region of country north and west were attached to Polk county for judicial and revenue purposes until the time should arrive when these young counties should have so far grown as to be able to support a separate municipal organization.
Iowa county seems to have prospered well during this period of loose, half-formed organization. The settlers were too busy with their own affairs. to intermeddle with those of others, and so had little occasion to call for the authority of the law. But it was soon apparent that the business affairs of the community called for a county organization. Roads should be laid out, a county seat located and other preparations made for a prosperous and thriving future. So, in 1845, the county was formally organized in the manner spoken of more fully under the head of county organization.
The people of the county, at the time of its organization, were mostly native born Americans, with a healthy intermingling of thrifty and indus-
HISTORY OF IOWA COUNTY. .
347:
trious emigrants from Germany, Ireland and Sweden, and from that time to the present the population has been mostly of that character. The county. filled up steadily and rapidly. Nearly always the new-comers were poor in purse. Few men of means came to Iowa county in the early days. But, although they came almost without exception poor in pocket, they brought with them industry, economy and intelligence, so that, in the course of years, wealth has been the result. The growth of the county has never been slackened or come to a stand-still, except for a very short time, but contin- ued steadily, year by year. The brunt of the pioneer battle was borne by the very early settlers, for within a few years the great hardships of pioneer life had disapeared, and the people lived in comfort.
In 1847 the county had a population. of 435; the State at that time had a population of 116,651. In 1849 there were in the county 600 inhabitants; in 1850, 822; in 1851, 1,000; in 1852, 1,323; in 1854, 2,307; in 1856, 4,873; in 1859, 7,098; in 1860, 8,029; in 1863, 8,544; in 1865, 10,258; in 1867, 12,390; in 1869, 14,738; in 1870, 16,644; in 1873, 16,572; in 1875, 18,456; in 1880, 19,156.
It will be seen that the period between 1870 and 1873 there was a de-' crease in population of 72; this period furnishes the only exception to the law of rapid and continuous growth.
The population of the county by townships, as just returned by the cen- sus enumerator, is as follows:
.
Amana
1,633
Dayton
1,025
English
1,696
Fillmore
1,169
Greene.
1,026
Hartford
1,594
Hilton
862
Honey Creek and Cono
1,327
Iowa.
1,049
Lenox and Washington
998
Lincoln
831
Marengo
2,485
Pilot.
884
Sumner
810
Troy
955
York
812
Total
19,156
By comparison with the census of five years ago we find that during that time the population of the county increased from 17,456 to 19,156, amo unt- ing to 1,700, or nearly ten per cent.
:
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348
HISTORY OF IOWA COUNTY.
We herewith give the increase or decrease of each township during those five years.
INCREASE. DECREASE
Amana
9
Dayton
40
English
100
Fillmore
96
Greene.
106
Hartford
273
Hilton .
113
Honey Creek and Cono
116
Iowa
159
Lenox and Washington
85
Lincoln
281
Marengo
166
Pilot
164
Sumner
25
Troy
16
York
201
Total
1,825
125
Net gain, 1700.
TABLE OF EVENTS
First settler, E. R. Ricord, March, 1840.
First white child born 1844.
First death in county, Mrs. James McKay; fall of 1842.
First land entered, R. M. Hutchinson; Oct. 11, 1845.
First land transfer, Jacob Ricord to Henry Lutchin; Feb. 27, 1846.
County seat located, August 14, 1845.
First term of court, April 20, 1846.
Marengo laid out 1847.
First railroad into county, 1860.
First court-house, 1847. .
Second court-house, 1848 ..
Present court-house 1861-69,
Post-office established at Marengo, April 11, 1846.
First newspaper, Valley Visitor, 1856.
This brief table represents a large amount of history and will be very in- teresting to such as study it well.
Speaking generally, the growth of the country has been steady and con- tinuous, although of course there have been times of ebb and flow. The first period of the county's growth was one of much hardship and privation. The California emigration, however, brought golden days to the county; in supplying the needs of the army of gold-seekers who passed through there was a demand right at the door of the settler for all the farm produce he could spare; prosperity continued at high tide till the panic, a few years before the war. The panic times were times which tried men's souls in Iowa county as elsewhere; there was very general discontent, and many business men in the county were ruined. A slow recovery followed and in- troduced the war period. From the close of the war till 1873 the county
. . .
TOWNSHIPS.
349
HISTORY OF IOWA COUNTY.
was in a prosperous condition. The county did not suffer so much directly as indirectly by this panic, and the evil effects being indirect did not reach this : locality till about one year after the older settled communities of the East were first afflicted. When hard times did come the experience of the people was very similar to that of the people of all countries and times when the ebb tide sets in and leaves many a too adventuresome craft stranded on the shores of time; property depreciated and became unsalable, general uneasiness and discontent prevailed. There has been nothing peculiar in the experience of the people of Iowa county; it has been that of the country in general. At the present time the country is fairly started on a new career of prosperity. So in Iowa county good times have followed close on evil times, and vice versa, through the entire period of its growth. It would seem that the old sage's thought "Even this shall pass away" would be a good thing to ever keep in mind, both in prosperity and adversity.
Such a lesson is taught by the experience of the county from the time of its organization till the present.
Having thus definitely, and as fully as the records permit, noted the. early settlements and described the hardships of the pioneer and the development of the country during its early stages, we now come to the matter of the county organization.
CHAPTER VI.
ORGANIZATION OF THE COUNTY.
Origin of County and Township Organization-Condition of Territory before Organization- Legislative Act for Organization of Iowa county-First Election-Board of County Com- missioners-County Judge System-Township System-Board of Supervisors-First, Courts-Public Buildings.
IT was not long after the Indians departed and the country was thrown open for settlement that the necessity of county organization in the interests of good government, good roads and the management of local affairs became apparent. The county was thrown open for settlement in 1843 and during that year many settlements were made and during the following fall and winter the necessary legislation was procured in the Territorial Legislature, then in session at Iowa City, authorizing the organization of the county.
Before proceeding to speak of these events in detail, it will be proper to state some facts bearing upon the subject of county and township organiza- tion in general.
With regard to the origin of dividing individual States into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and governing themselves, under the approval of, and subject to, the State and general government of which they both form a part, we quote from Elijah M. Haines, who is considered good authority on the subject.
In his "Laws of Illinois, Relative to Township Organizations," he says: " The county system originated with Virginia, whose early settlers soon be- came large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.
350
HISTORY OF IOWA COUNTY.
The county organization, where a few influential men managed the whole business of the community, retained their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was moreover conso- nant with their recollections or traditions of the judicial and social digni- ties of the landed aristocracy of England, in descent from whom the Vir- ginia gentlemen felt so much pride. In 1834 eight counties were organized' in Virginia, and the system extending throughout the State, spread into all the Southern States, and some of the Northern States; unless we except the nearly similar division into 'districts' in South Carolina, and that into: 'parishes' in Louisiana, from the French laws.
" Illinois, which with its vast additional territory became a county of Vir- ginia on its conquest by General George Rogers Clark, retained the county organization, which was formally extended over the State by the constitu- tion of 1818, and continued in exclusive use until the constitution of 1848.
"Under this system, as in other States adopting it, most local business - was transacted by those commissioners in each county, who constituted a county court with quarterly sessions. -.
" During the period ending with the constitution of 1847, a large por- tion of the State had become filled up with a population of New England birth or character, daily growing more and more compact and dissatisfied with the comparatively arbitrary and inefficient county system. It was maintained by the people that the heavy populated districts would always control the election of the commissioners to the disadvantage of the more thinly populated sections-in short, that under that system 'equal and exact justice' to all parts of the county could not be secured.
"The township system had its origin in Massachusetts, and dates back to 1635.
"The first legal enactment concerning this system provided that, whereas, ' particular townships have many things which concern only them- selves, and the ordering of their own affairs and disposing of business in their own town, therefore the freemen of every township, or a majority part of them shall have power to dispose of their own lands and woods with all the appurtenances of said town, to grant lots and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the general court.
"They might also (says Haines) impose fines of not more than twenty shillings and ' choose their own particular officers, as constables, surveyors for the highways and the like.'
"Evidently this enactment relieved the general court of a mass of mu- nicipal details, without any danger to the power of that body in controlling. general measures of public policy.
"Probably also a demand from the freemen of the towns was felt for the control of their own home concerns.
"The New England colonies were first governed by a general court or legislature, composed of a Governor and a small council, which court con- sisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders.
" They made laws, ordered their execution by officers, tried and decided civil and criminal cases, enacted all manner of. municipal regulations, and in fact, did all the public business of the colony. Similar provisions for
351
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HISTORY OF IOWA COUNTY.
the incorporation of towns were made in the first constitution of Connecti- cut, adopted in 1639; and the plan of township organization, as experience" proved that it was remarkably economical, and that it was adapted to the. requirements of a free and intelligent people, was universally adopted throughout New England, and went westward with the emigrants from New England into New York, Ohio and the Western States."
Thus we find that the valuable system of township and county organiza- tion had been thoroughly tested and proven before there was need of adapt- ing it in Iowa or any of the broad region beyond the Mississippi River, but a's the country began to settle up, and eastern people began to move west- ward across the mighty river, county and township organizations followed in quick succession, and those different systems became more or less modi- fied as the tastes and requirements of the people demanded. Experience and the deihands of the people brought about these changes-not suddenly, but gradually, until the system reached its present state of efficiency and perfection.
The subsequent subdivision of territory into separate and distinct coun- ties was not the work of a day. It was in the interests of the older coun- ties to retain the territory attached to them and the movement to detach territory and form new counties usually originated with the settlers living in the sparsely settled regions. Of course these movements were not at first successful.
The Legislature began by organizing counties along the Mississippi River. As each new county was formed it was made to include, under legal juris- diction, all the country bordering on it from the west, and required to grant to the occidental settlers electoral privileges and an equal share in the county government. The entire territory now comprising the State of Iowa at one time constituted two counties.
But to proceed with our narrative. The act authorizing the organiza- tion of Iowa county was approved early in the year 1845, and is entitled "An act to organize the County of Iowa and to provide for the location of the seat of justice thereof." It reads as follows:
" SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, that the county of Iowa be, and it is, hereby or- ganized, from and after the first day of July next; and the inhabitants of said county shall be entitled to all the rights and privileges to which, by law, the inhabitants of other organized counties of this Territory are en- titled, and the said county shall belong to the Second Judicial District of this Territory.
"SEC. 2. Thomas Henderson, of Keokuk county, Luman M. Strong, of Linn county, and Stephen B. Gardner, of Johnson county, be, and they are, hereby appointed commissioners to locate and establish the seat of justice of the county of Iowa. Said commissioners, or any two of them, shall meet at the house of James M. Price in said county, on the second Mon- day in the month of July next, or at such other time within the month of August as a majority of said commissioners shall agree, in pursuance of their duties under this act."
After the passage of the act authorizing the organization of the county two things contemplated in that act remained to be carried into execution before the county became really organized.
1st. The appointment by the District Judge of a clerk of the District Court, whose duty it was to call an election for the purpose of choosing
352
HISTORY OF IOWA COUNTY.
county officers, and to designate the time and places for holding elections, and to appoint judges and clerks to conduct the same.
2d. The selection of a seat of justice by the commissioners appointed for that purpose by the aforesaid act of the Territorial Legislature.
As to the first measure, that devolved on Judge Joseph Williams, who was then Judge of the Second Judicial District, to which the county was attached by the act of the Legislature.
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