USA > Iowa > Iowa County > The history of Iowa County, Iowa, containing a history of the county, its cities, towns, &c. > Part 46
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Ordered, That Lewis F. Wilson be allowed fourteen dollars for sundry services to be paid out of the fund arising from the sale of lots in the county seat.
Ordered, That William Crawford be allowed eighteen dollars, for sundry services, to be paid out of the fund arising from the sale of lots in the county seat.
At the same session of the board it was ordered that George W. Kitchens be appointed agent to sell and dispose of any real estate belonging to the county.
At the meeting of the board in January, 1847, Marengo already had an existence. We are unable to determined from the record in what house the commissioners met, but from the following extract from the record it will be seen that Marengo had an existence, and that the commissioners met there for their deliberations. Prior to this time the commissioners met at the Old Trading House:
"At a meeting of the county commissioners begun and held in Marengo, on Monday the fourth day of January, 1847, the Honorable Lewis F. Wil- son and William Crawford, present, commissioners, A. P. Kitchens, sheriff, and George W. Kitchens, clerk."
Ordered, That Anderson Meachem be allowed one dollar for killing one praire wolf.
This was probably the first official business transacted in the town of Marengo. The town of Marengo, however, must not be confounded with the post-office of that name. The post-office of Marengo had been estab- lished about one year prior to that time, but the post-office was not a part of the town, it being located outside the town limits.
At the sessions of the board just referred to the foundation of Marengo township was laid by the creation of Marengo precinct. The order for the division of Iowa precinct, and the creation of Marengo precinct was as follows:
Ordered, That the precinct of Iowa as it was heretofore bounded be null and void, and pre- cinct made as follows: the precinct of Iowa is bounded as follows: Commencing at the northwest corner of section three, township eighty-one, range ten west, running south twelve miles, thence east to the east line of Iowa county, thence north to the northeast corner of lowa county, thence west to the place of beginning. Elections shall be held at the house of Lineas Niles. R. M. Hutchinson, Nelson H. Dowd and Daniel Talbott are hereby appointed judges of election in said precinct.
Ordered, That the following shall constitute an election precinct; to wit, Beginning at
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the northwest corner of the precinct of Iowa, thence south twelve miles, thence west to the west line of Iowa county, thence north to the northwest corner of Iowa county, thence east to the place of beginning; and said precinct shall be known by the name of Marengo, and elections shall be held at the town of Marengo; and Charles Kitchens, William Hench and William Foster are hereby appointed judges of election in said precinct.
It appears that a special election was held in the spring of 1847, for the purpose of choosing another member of board of county commissioners, Mr. Dedmore, as before remarked, having failed to qualify; at the said special election Thomas Hanson was elected commissioner.
One of the first acts of the commissioners, after the election of Thomas Hanson, was the following orders in reference to the opening of roads, and the subdivision of the county into commissioner's districts:
Ordered, That Stephen Chase, Robert McKee and William Foster be and they are hereby appointed viewers, and Cyrus Sanders, surveyor, to view, survey and mark out a road com- mencing at the town of Marengo, thence westward so as to cross Bear Creek below where the present road crosses, thence near the residence of Joseph W. Hollowell, thence north of west so as to strike the line running between Lewis Lanning and William Hench, thence across Honey Creek where said lines crosses, thence on the best ground to the west line of Iowa county near where the present road crosses Walnut Creek. Said viewers shall meet at the town of Marengo, on the 26th day of May, 1847, or within five days thereafter and proceed to view, mark out and survey said road.
Ordered, That Stephen Chase, Robert McKee and William Foster be, and they are hereby appointed viewers, and Cyrus Sanders, surveyor, to view, survey and mark out a road from the town of Marengo, by the way of Sylvester Middleworth's, to the residence of Anderson Meacham, Esq. Said viewers and surveyor shall meet at the town of Marengo on the 26th day of May, 1847, or within five days thereafter, and shall proceed to view, survey and mark out said road.
Ordered, That the county be and hereby is formed into commissioners districts, bounded and numbered as follows; to-wit., the first district bounded as follows: beginning at the northeast corner of township eighty-one north, range eleven west, running south to the southeast corner of township eighty-one, range eleven, thence west to the west line of the county, thence north to the northwest corner of the county, thence east to the place of begin- ning. The second district shall be bounded as follows: Beginning at the northwest corner of township eighty-one, range ten, thence to the southwest corner of township eighty, range ten, thence east to the east line of the county, thence north to the northeast line of the county, thence west to the place of beginning. The third district shall be bounded as fol- lows: Beginning at the northeast corner of township seventy-nine, range nine, thence west to the west line of the county, thence south to the southwest corner of the county, thence east to the southeast corner of the county, thence north to the place of beginning.
Ordered, That the following shall constitute a road district: Commencing at the northeast .corner of township eighty-one, range eleven, thence running south to the Iowa River, thence down said river to the east line of the county, thence north to northeast line of the county, thence west to the place of beginning. The same shall be known as district number one, and it is ordered that Joel Colver be, and he hereby is appointed supervisor for said district.
Ordered, That the following shall compose road district number two : Commencing at the southwest corner of road district number one, etc., including the rest of the county. It is also ordered that William Foster be, and he is, hereby appointed supervisor for road district number two.
Two important historical facts may be gathered from the foregoing orders: first, that in 1847 roads were first laid out from Marengo, that they followed the general course of the Iowa River, and they were located with reference to the present rather than the future needs of the people.
Second, that the commissioners' districts were not as large as the dis- tricts of the road supervisor, and that the last named officer could scarcely visit all parts of his district once in a year, much less do much work on the roads. The present road supervisor, whose jurisdiction extends usually over but one ninth of a congressional township, is the veriest sinecure com- pared with the road supervisor of thirty-five years ago.
Two other orders were made at this session of the board of historical
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significance. They were in reference to the erection of the first court- house, and the sale of town lots in the county seat. They were as follows:
Ordered, That the clerk receive sealed proposals for the erection of a temporary court- house in the county seat, till the 28th day of May, 1847, and that the clerk give notice thereof by putting up written or printed notices.
Ordered, That the clerk give notice that a sale of lots will take place on the 24th day of May, 1847, in the county seat, and that said sale will continue from day to day till all the. lots have been offered.
On the 9th day of May the commissioners again ordered a sale of lots to. take place on the second Monday of August, in which order were specified the terms of sale. The terms were one-fourth down and the balance in three equal payments, at the expiration of twelve, eighteen and twenty- four months, respectively. The notice of this sale was ordered to be pub- lished in the Iowa Capital Reporter three times before the day of sale.
At this same session it was ordered that Lewis F. Wilson be allowed two dollars for services rendered in furnishing a stone for the county seat.
It will seem rather strange that at a time when the commissioners were pressed for funds to purchase the land upon which the county seat was lo- cated they would pay twodollars for a stone to mark the corner of the public square. The fact is that the stone was procured with great difficulty, and the money was dearly earned. Any one familiar with the town of Marengo knows that there is scarcely a stone foundation in the place, most of the houses resting on brick foundations. When the bridge across the Iowa River was. built, the stone had to be transported from Iowa City. There is scarcely any stone in the county, and none in the vicinity of Marengo. So it was
that when the town plat was surveyed, and it became necessary to fix a permanent land mark a stone for that purpose could not be found in all the region of country. Mr. Wilson being a member of the board of county commissioners and the most energetic official in the county, was applied to by the surveyors, and having the importance of the matter impressed upon his mind, left his work and started out with a wagon to get the needed ed stone. He scearched throughout the whole region of country and about night discovered a medium sized sandstone, of the class vulgarly called "nigger head." He unearthed the treasure in a bluff on the south side of the Iowa River immediately north of where Bear Creek empties into that stream. It being too late to return to Marengo the same day, Mr. Wilson went home, and on the following day returned for the stone, but when he undertook to load it, found that his strength was not sufficient for the task. He was thereupon compelled to go in quest of help, by the aid of which the stone was loaded on the wagon and finally delivered at the county seat, the enterprise requiring two days in its execution. The stone was placed large end down at the crossing of the two streets, at the southeast corner of the public square, where it still remains as the one immovable, imper- ishable landmark, from which all distances in the town are computed.
At the session of the board in July, 1847, William Hench was allowed twelve dollars for assessing the property and taking the census of the county.
During the same session the boundaries of Marengo and Iowa townships were definitely fixed, and the townships of Greene and English formed. It will be remembered that prior to this time there were no civil townships, there being simply election precincts, which have about the same relation
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to the townships as the original Territories did to the States which were formed out of them. Marengo and Iowa townships were composed of about the same territory as the precincts which had previously gone by the same names. What up to this time had been Old Man's Creek precinct was subdivided and out of it were constituted the townships of Greene and English. . The following were the official orders:
Ordered, That the township of Marengo shall be as follows; to-wit., beginning at the northwest corner of section three, township eighty-one, range ten, running south twelve miles. thence west fifteen miles, thence north twelve miles, thence east fifteen miles to the place of beginning, and the first election shall be held at the town of Marengo.
Ordered, That the township of Iowa shall have the following boundaries; to-wit., begin- ning at the northeast corner of Marengo township, running south to the southeast corner of Marengo township, thence east nine miles, thence north twelve miles, thence west nine miles to the place of beginning, and the first election shall be held at the house of Daniel Talbott in said township:
Ordered, That the township of Greene shall have the following boundaries; to-wit., begin- ning at the center of Iowa county, thence running south six miles, thence east six miles, thence south six miles, thence east six miles, thence north twelve miles, thence west twelve miles to the place of beginning. The first election shall be at the house of Edward R. Ricord.
Ordered, That the township of English shall have the following boundaries; to-wit., be- ginning at the center of lowa county and running thence south six miles, thence east six miles, thence south six miles, thence west eighteen miles, thence north twelve miles, thence east twelve miles to the place of beginning. The first election shall be held at the house of George Miller.
IOWA COUNTY IN 1847.
MARENGO. .
IOWA.
ENGLISH.
GREENE.
The above draft of Iowa county in 1847 will show the arrangement of the boundaries of the civil townships when the county was first subdivided into townships by Lewis F. Wilson, William Crawford and Thomas Han- son then county commissioners.
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HISTORY OF IOWA COUNTY.
At the session of the board of commissioners held on the 6th day of July, 1847, it was ordered that Robert McKee, Stephen Chase, and William Foster be appointed viewers and R. B. Groff, surveyor, to view, survey, and mark out two roads, the same being the two roads ordered at the April session previous, and which, from some cause were not located at the time first specified.
The failure of the first appointed viewers and surveyors to attend to the matter was probably due to the inability of the surveyor, with the instru- ments he had, to perform his first part of the work; or it may have been. that the work was done and proved unsatisfactory. Mr. Groff throws some light on the question in the following statement which he makes to the writer:
" I surveyed the first road running north and south through this county, commencing at southeast corner of the public square, directly south four miles, west two miles, thence south six miles to a hickory tree standing at. the west end of Pilot Grove, thence southwest to Dealmore, thence south to Gritter Creek. This was then said to be the south line of this county. Modern measurement has made it some two miles more to the north line of Keokuk county.
"We crossed our wagon over streams with poles and ropes, swam or waded ourselves. The grass was so rank and tall we could not find the stakes on returning. We had some yellow pumpkins in our wagons which the com- pany pared and shook out to mark our track. We got home around the. head of Hilton Creek; that is now the track. My next road turned Honey Creek to the cast line of Poweshiek county, on the divide between the said creek and the Iowa River. Of course it was crooked in following the ridge, but it is now mostly used.
" Western surveyors then seldom used the traverse table. I was the first to instruct one in the use of the nonius in meandering streams.
"I got home to find the Indians had passed into my field and eaten many of my watermelons. But they had failed to find the best patch. I went that evening and took about one hundred upon my loft, anticipating a visit , next day. I was not disappointed; they came in abundance; I thought I never saw men eat so much. One short-up, wide-out chap tapped me on the back and said, 'Mighty good white man.'
"I told them they had enough, now they must puckachee. At this they commenced to fill their blankets and carry off great loads. One piled the load on his squaw, then walked behind her saying to me, ' Mighty good squaw.' I saw for the first time a civilization where the women did all hard work and men look satisfied."
The board of commissioners continued to consist of Lewis F. Wilson,. William Crawford and Thomas Hanson until the election held in August, 1848, when the board was made to consist of Lewis F. Wilson, Thomas Hanson and Matthew T. Cleveland.
In August, 1850, there was another change in the board, which then was made to consist of Lewis F. Wilson; William B. Collins and A. T. Cross. These gentlemen constituted the board until the office was discontinued and was superseded by that of county judge.
Thus it will be seen that Lewis F. Wilson served as county commissioner from August, 1846, till August, 1851, a period of five years. Mr. Hanson served from April, 1847, till August, 1850. The other commissioners served a shorter time, from one to two years. During the entire time, from
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HISTORY OF IOWA COUNTY.
August, 1845, till Angust, 1851, George W. Kitchens was clerk of the board, and for the same time there were three sheriffs; viz., A. P. Kitchens, William Hench and Joseph W. Hollowell.
It will probably seem to the reader that undue prominence has been given to the proceedings of the old board of county commissioners, but it must be remembered that these proceedings have reference to the organi- zation of the county, the organization of the first townships, the levy of the first taxes, the laying out of the county seat and other important facts which form the staple of the county's early official history.
In August, 1851, in accordance with the provisions of the act passed by the General Assembly of the winter previous, the board of county commis- sioners was abolished, and in its stead was created the office of county judge, whose duty it was to transact the business theretofore transacted by the county commissioners.
COUNTY JUDGE SYSTEM.
According to the provisions of the Legislative act of 1850, the adminis- trative affairs of the county were lodged in one officer called a county judge. The county judge system continued till January 1, 1861, or during a period of a little over ten years. The office of county judge was continued till 1868, but its administrative powers were taken away January 1, 1861, and during the remaining seven years was purely a clerical office, very similar to that of county auditor.
During these ten years there were but two county judges, Wm. H. Wal- lace and John Miller, the former serving from 1851 till 1855, and again from 1857 till 1861. Mr. Miller served from 1855 till 1857.
The management of county affairs were thus placed in the hands of one individual, and the county judge was, in a sın all way, a veritable despot; his word was final in the adjudication of claims agains the county; he lo- cated roads, levied taxes, built bridges, erected court-houses and jails, heard motions, issued injunctions, attended to probate matters, and was amen- able to no one except on the day of election. Notwithstanding this al- most unlimited authority exercised by the county judge and the large amount of money constantly at his disposal, we find that it was not fre- quently that the trust was betrayed. During the whole time that county affairs were in the hands of the county judge there was but one case in the entire State in which this official proved to be corrupt and was false to the trust reposed in him. This seems to be so remarkable that we are led to inquire for the cause. Was it because the people were particularly fortu- nate in the selection of men for this office? Men whom the consciousness of power could not corrupt and money could not buy? Or is there some philosophy whereby may be explained this exceptional purity of the one man power? We are inclined of the latter opinion. It is a law of social being that men are more swift to go with the multitude in the way to do evil than individually to assume the responsibility of an evil act, and the risk which few men would be willing individually to assume, there are many who would be willing to divide.
Thus it is, that the county judge was more than usually accomodating, careful and particular. Should he make a mistake he alone must assume. the responsibility; should he arrogate authority or misappropriate funds, he alone must bear the odium of the crime. Thus it followed, that the
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county judge enjoyed to a remarkable degree the confidence of the people and his tenure of office was longer than other officials, they, as a rule, serv- ing from six to eight years.
Among the first records made by Judge Wallace was the following re- lating to the sale of some lots in Marengo:
" This day; viz., September 1st, 1851, came Archibald Stewart and made application to purchase in-lots, six and seven, block one, and out-lot one in the town of Marengo, as recorded on the plot of said town, and thereupon said lot were sold to the said Stewart for twelve dollars each, and out-lot for six dol- lars, making thirty dollars in all. And thereupon said thirty dollars were paid as follows: Town order No. 35 for two dollars and fifty cents, and twenty-six cents interest, and town order No. 47 for four dollars, and town order No. 58 for twenty-two dollars and seventy cents, and fifty-four cents in cash. And the deed for said lots was made to the said Stewart and ac- knowledged before Robert McKee, clerk of the District Court. "
On the 23d day of September the first criminal case came up before Judge Wallace. The record is as follows:
" This day came E. C. Hendershott and filed an information and depo- sition under oath against Newell Wright and William Barnes for the crime of larceny in taking and conveying away from the stable of said Hender- shott, on the night of the second of September, 1851, one bay mare of the value of seventy-five dollars, said mare being the property of said Hen- dershott. And thereupon a State warrant was issued for the arrest of said Newell Wright and William Barnes, and placed in the hands of John Ir- win, sheriff of Iowa county. "
The defendants in that cause were accordingly arrested and brought be- fore Judge Wallace for examination, and the prosecuting witnesses not ap- pearing they were discharged from custody.
It was the custom, during the existence of the county judge system, for the several county officers to report quarterly the amount of money each re- ceived as fees, and the total amount was equally divided between these several officers as part payment of salary. The following record of the first distribution of fees is of sufficient interest to be reproduced:
" This day came the treasurer, recorder, clerk and county judge to have an accounting with each other of the fees received by each from the 4th day of August, 1851, up to October 5th, 1851. The treasurer and recorder re- ceived eleven dollars and ninety cents, the clerk received seven dollars and twenty cents, and the judge received two dollars, which being added to- gether makes twenty-one dollars and ten cents, and divided by three gave each seven dollars and seven and one-third cents, and thereupon said settle- Inent was made accordingly, leaving a balance due each on salary, for the fractional quarter, of twenty-six dollars and thirty cents, to be drawn from the county treasury."
From the foregoing it will be seen that the salary of these county officers was two hundred dollars per annum.
On the 28th day of June, 1852, we find the following record :
"This day came Reuben Miller and presented the plot of the town of Millersburg and acknowledged that the disposition of the land as shown by said plot and description is with his free consent and in ac- cordance with his desire, and the court being satisfied that the law in re- lation to the laying out of villages has been complied with said plot is hereby ordered to be recorded. "
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HISTORY OF IOWA COUNTY.
As an item of history which should not be omitted may be mentioned the acquisition, selection and disposition of swamp lands.
In 1850 the Congress of the United States passed an act granting to the several States all the swamp or overflowed lands then remaining unsold. By this act Iowa came into the possession of some 4,000,000 acres of swamp lands. According to the provisions of this act the several States receiving swamp lands were to use the proceeds of the same in draining and other- wise improving them. After retaining the ownership of them in bulk for some time the State Legislature of Iowa passed an act donating to the sev- eral counties all the swamp lands in their several bounds, and coupled with this donation was the provision that the proceeds from the the sale of these lands was to be used in draining them. Under this law the several coun- ties in their corporate capacity were directed to employ surveyors to select the swamp lands.
Accordingly we find in the county judge's record, dated March 7, 1853, the following order in reference to the selection of the swamp lands of Iowa county :
Ordered, That David Risdon be and hereby is appoined special surveyor to examine and select the swamp and overflowed lands within the county of Iowa, and to report thereon in accordance with the provisions of the third section of an act approved January 13, 1853, en- titled "An act to dispose of the swamp and overflowed lands within this State and pay ex- penses of selecting and surveying the same."
Appended to this order is the following explanatory note:
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