USA > Iowa > Jackson County > The history of Jackson County, Iowa, containing a history of the county, its cities, towns, &c., biographical sketches of citizens, war record of its volunteers in the late rebellion history of the Northwest, history of Iowa miscellaneous matters, &c > Part 37
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The first meeting of the County Commissioners was held at Bellevue, April 2, 1838, William Jonas, William Morden, J. Leonard being said Com- missioners.
J. H. Rose was appointed first Clerk of the Board.
328
HISTORY OF JACKSON COUNTY.
The first business of the Commissioners' Court was the determining of election precincts, which were arranged as follows, viz. :
First Precinct-To comprise Charleston (now Sabula) and vicinity ; elec- tion at the store of James Leonard ; Judges, Charles Swan, O. A. Crary, E. A. Wood.
Second Precinct-To comprise Higginsport and vicinity, and to be held at the house of W. H. Vandeventer; Judges, W. H. Vandeventer, Andrew Farley and B. B. Evans.
Third Precinct-Election to be held in the Court House at Bellevue ; Judges, W. Sublett, J. D. Bell, J. S. Kirkpatrick.
Fourth Precinct-Election to be held at the house of Daniel Brown, Tete des Morts ; Judges, D. Brown, J. P. March and D. G. Bates.
Fifth Precinct-Election shall be held at the house of Charles W. Harris, North Fork of Maquoketa ; Judges, C. W. Harris, V. G. Smith and Thomas Davis.
Sixth Precinct-Election shall be held at the house of S. Burleson, South Fork of Maquoketa ; Judges, S. Burleson, J. Clark, William Phillips.
The grand jurors chosen for the first term of Court were James Wood, Benjamin Hudson, Thomas Parks, Samuel S. Draper, James L. Burtis, John Stuckey, John D. Bell, William Smith, J. S. Kirkpatrick, David G. Bates, Daniel Brown, James McCabe, Joseph Mallard, W. H. Vandeventer, Charles W. Harris, Webster McDowell, William Phillips, Obadiah Sawtell, James Kimball, S. Burleson, M. Seymour, R. G. Enox, H. G. Hinkley.
The petit jurors chosen at the same time were Charles Swan, E. A. Wood, John White, O. A. Crary, Alexander Reed, Sylvester Baker, John Howe, John Hays, James Kirkpatrick, William Vann, John Clark, V. G. Smith, Richard Billups, Charles Bilto, Hazen Chase, Hugh Kilgore, N. Jef- ferson, Thomas Davis, William Trimble, Thomas Nicholson, William Dyas, J. Jefferson, Thomas Sublett, Henderson Palmer.
The Court at which the above-mentioned settlers were jurymen was held in Bellevue, beginning June 18, 1838. This was the first term of the District Court of Jackson County, Territory of Wisconsin. It was presided over by Charles Dunn, Chief Justice of the Supreme Court of Wisconsin Territory, who had been appointed Presiding Judge of the District Court of Jackson County.
William A. Warren was appointed Crier and Elisha E. Barrett and David Hetrick, Constables of this Court; W. H. Brown was appointed District Attorney.
On motion of T. P. Burnett, Esq., Thomas Drummond, a practicing law- yer of the State of Illinois, was admitted to practice in the District Court of Jackson County ; now Judge Drummond, of Chicago.
Among other attorneys present were Stephen Hempstead, since Governor of Iowa, James Grant, of Davenport, James Churchman, since United States Minister, J. V. Berry, Henry Hopkins and J. C. Case.
The only indictment by the grand jury during this term of Court was that of William Sublett for assault with intent to kill, who, with James K. Moss as security, was released on $500 bail.
Two jury cases were tried, viz., Thomas Nicholson vs. David Dyas, appeal, and Matthias Ringer vs. Charles Bilto, appeal.
At the meeting of the Commissioners' Court in June, three new election precincts were established, two being in the county of Jones, with elections at the house of John G. Joshlin, on the Wapsipinicon, and at the house of
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HISTORY OF JACKSON COUNTY.
Nathaniel Dalley, on the Maquoketa, while the third was to be held at West Port, in the county of Linn.
July 2, 1838, a tax of 1 per cent was levied for county purposes, and } per cent for court purposes.
August 20, 1838, Election Precinct No. 10 was established, the election to be held at the house of Wadkins, four miles south of where Andrew now stands, to be called Harrison Precinct.
The Board of Commissioners elected in the fall of 1838 was composed of William Jonas, E. A. Wood and James Kelly.
The other officers elected at this time were John Howe, Recorder ; John Sublett, Treasurer; James S. Kirkpatrick, Coroner; James F. Hanby, Assessor: John G. McDonald, Surveyor.
J. S. Mallard was appointed Commissioners' Clerk by the Board.
At a meeting of the Commissioners' Court July 7, 1840, it was ordered that the Clerk should issue notices to the electors of the county that at the next election the question will be taken by ballot to ascertain whether a major- ity of said electors are in favor of a township organization.
The sentiment of the people as taken in the regular election October 5, 1840, was in favor of a township organization, and accordingly, on the 6th of January, the Board of Commissioners ordered the following:
TOWNSHIP ORGANIZATION.
Townships 85 and 86, Range 1 east of the Fifth Principal Meridian, to be called Butler Township.
Townships 85 and 86, Range 2 east, to be called Farmers' Creek Township. Townships 85 and 86, Range 3 east, to be called Perry Township.
Township 87, Ranges 3 and 4 east, and all east of said township to the Mississippi River, to be called Tete des Morts.
Township 84, Ranges 1 and 2 east, to be called Davis Township.
Township 86, Range 5, and the north half of Township 85, Ranges + and 5 east, to be called Bellevue.
Township 84, Range 3 east, and the west half of Township 84, Range + east, to be called Harrison Township.
Township 84, Range 5 east, extending north to the three-mile stake in Town 85, also the east half of Town 84, Range 4 east, extending north to the three-mile stake in Town 85, to be called Van Buren Township.
Township 84, Range 6 east, and Fractional Township 85, Range 6 east, and Fractional Township 84, Range 7 east, to be called Union Township.
These names were left subject to alteration by the inhabitants of the several townships.
The following changes were subsequently made in respect to the township boundaries :
April 6, 1841, the boundary line of Davis Township was altered so as to include so much of Township 85, Range 1 east, as lies south of the four-mile line in said township, and so much of Township 84, Range 3 east, as lies west of the three-mile line in said township.
Same date, the boundary line of Butler Township was altered. so as to exclude so much of Township 85, Range 1 east, as lies south of the four-mile line in said township.
On same date, the boundary line of Harrison Township was altered so as to exclude so much of Township 84, Range 3 east, as lies west of the three-mile line in said township.
330
HISTORY OF JACKSON COUNTY.
March 21, 1842, this portion of Harrison Township, which was transferred to Davis Township, was, on petition of the citizens, restored again to Harrison.
July 3, 1843, a petition was presented to the Board of Commissioners from the citizens of Butler Township, praying that the same be divided, which peti- tion was granted, and a new township was organized, being Congressional Township 85, Range 1 east, to be known by the name of Brandon Township. Judges of Election and Supervisor of Highways were, accordingly, appointed for the town of Brandon.
Monmouth Township, with its present boundaries, was organized and named October 2, 1843, but was again annexed to Davis Township in 1844. It was finally made an independent township in July, 1845, and the first election ordered to be held in a schoolhouse near Joshua Beers'.
Township 84, Range 2 east, now known as South Fork, was organized in July, 1845, under the name of Apple Township, and the first election was . ordered to be held at the house of Thomas Wright.
Township 84, Range 3 east, was organized under the name of Maqnoketa, in July, 1845, with the first election to be held in the house of J. B. Dormes.
Township 84, Range + east, was organized in July, 1845, under the name of Fairfield, with the election at B. F. Hull's.
Jackson Township was organized in July, 1845, with the first election at the house of Markespiles and Sandridge.
The name of Butler Township was changed to Lehrin in 1845, but was subsequently re-changed to Butler, as it is now called.
Township 86, Range 3 east, was organized into Richland Township in Jan- uary, 1846, being at that date detached from Perry Township.
Township 86, Range 2 east, was organized in July, 1846, from the north half of Farmer's Creek, and called Otter Creek. The first election was at the house of Frederick Dixon.
Washington Township was organized in February, 1851, from portions of Bellevue and Van Buren Townships.
In answer to petition of residents, Iowa Township was formed in January, 1855, by the division of Union Township, the first election to be held at Ster- ling in April, 1855.
COUNTY COMMISSIONERS' BUSINESS.
The management of connty affairs, from the organization of the county until 1851, devolved upon three Commissioners, corresponding to the present Board of Supervisors. This was sometimes called the County Commissioners' Court.
The business of this Board, as shown from the records, consisted largely in the locating of county roads, the auditing of county accounts and the manage- ment of finances.
The revenue in early days was derived from taxes on property, poll-tax and a stringent license law, which latter compelled every storekeeper, ferryman or peddler to pay a license into the county treasury.
The first licensed ferry of which we have record was that of Joseph S. Kirk- patrick, across the Mississippi River at Bellevue, for which privilege the sum of $5 was paid to Jackson County. The rates of toll under this license were authorized as follows :
Two horses and wagon :$2 00
One man and horse .... 1 00
Each head of cattle. 50
If more than two in company. 25
Each footman ..... 25
Each hundred weight of merchandise. 124
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HISTORY OF JACKSON COUNTY.
From which rates it will be seen that ferrying must have been a profitable business forty years ago, if trade was at all brisk. About the same time, ferries were licensed at the forks and mouth of the Maquoketa.
In July, 1838, the Board contracted with Heffley & Esgate to build a toll- bridge across the mouth of Mill Creek for $525, subject to be purchased by the county, at the pleasure of the Commissioners, for ten per cent on cost. Heffley & Esgate were permitted to charge a moderate toll across this bridge.
In August, 1841, the Board borrowed $200 of Enoch Sells and William Markespiles, and gave their note for the same, payable in one year, and bearing 40 per cent interest.
Previous to 1850, a bounty was paid by the Board of Commissioners of 50 cents for every wolf cub, and $1 for every wolf upward of six months old, killed within the border of the county, and numerous records appear of bounty drawn by the settlers in this way. Prairie wolves, timber wolves and large gray wolves were of frequent occurrence.
January, 1844, we find a license granted by the Board of Commissioners to one Isaac Neagus, permitting him to peddle clocks upon the soil of Jackson County for the term of two months, for which he paid the sum of $3.
In April, 1844, we find one R. H. Hudson paying $25 for the privilege of keeping a grocery for one year. An explanation of this tariff is partially made by three petitions, which were presented a few months later, praying the Com- missioners to raise the license upon groceries to $100 per year, while a fourth petition asks an ordinance requiring all grocerymen to sell liquor at 10 cents per glass, or 14 mills per swallow. A grocery, therefore, in settlers' jargon. meant a saloon in the back room, or " whisky on tap " under the counter.
July, 1844, the Commissioners manifested their patriotism by naming the streets of Andrew in honor of those whom our countrymen delight most to revere.
The tax of 1846 was 9} mills for all purposes, and a poll tax of 50 cents upon all electors under 50 years of age.
Iowa having become a State in 1846, we find, in April, 1847, the first apportionment of her liberal grant of school funds upon the following basis :
Maquoketa Township, three districts 91 pupils.
South Fork Township, four districts 141 pupils.
Jackson Township, three districts. 92 pupils.
Union Township, four districts .. 98 pupils.
Van Buren Township, two districts 121 pupils.
Butler Township, one district. 104 pupils.
Richland Township, two districts. 34 pupils.
Prairie Spring Township, one district. 23 pupils.
Perry Township, three districts 124 pupils.
Bellevue Township, one district.
83 pupils.
Total
911 pupils.
These figures as a basis will give the reader a fair idea of the relative settle- ment of the various townships at this date, and approximately their population.
PROBATE COURT.
The first Probate Judge was J. K. Moss. The first session of his court of which we have any record was held March 12, 1838, on which date it was ordered by the court that Hipsy Young and William Sublett be appointed guardians for Jonas Young, Harriet Young and Mary Young, minor children of Lewis Young, deceased.
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HISTORY OF JACKSON COUNTY.
Lewis Young's estate, as appraised, was as follows, viz. :
1 Clay dredge $ 75
1 Hand-saw. 183
1 Lot smith tools. 13 07
500 Rails 10 311
House logs 14 25
Total. $39 57
Such was the first estate which came into the hands of the Probate Judge in the early days of Jackson County.
The first Sheriff of Jackson County was William A. Warren, appointed by Gov. Dodge, to organize the counties of Jackson, Jones and Linn, in 1838.
The first Justices of the Peace, were appointed by Gov. Dodge about the same time, were Matthias Ringer and John Forbes, then living at Bellevue.
The first Clerk of the Court was John H. Rose, appointed in June, 1838, by Judge Dunn, of Wisconsin Territory.
THE FIRST SETTLER
in the territory now included in Jackson County was James Armstrong, who built, about three-fourths of a mile south of Bellevue, the first cabin in the county in 1833. In 1834, William Jonas settled just north of the present town, and, during the same year, Alexander Reed and William Dyas settled south of this point. John D. Bell, for whom the town was named, did not arrive until 1835.
THE FIRST SERMON
in Jackson County was preached by Rev. Simeon Clark, a Methodist minister, in Brown's Saloon, in Bellevue. On Sunday morning, the loafers about the saloon were busy playing cards and drinking whisky. The cards were laid aside, by request, and the whisky bottles set back on the shelf, while Rev. Mr. Clark preached his discourse. We did not learn whether the amusements were resumed immediately after the benediction or not, but presume they were.
The first physician was Dr. M. M. Maughs, of Bellevue. The first res- ident lawyer was Henry Hopkins, of Bellevue.
The first political speech was made by T. P. Burnett, in the summer of 1838, in Bellevue.
The first bridge built was one across Mill Creek at Bellevue, commenced in July, 1838, by Heffley & Esgate, and completed by Capt. W. A. Warren. For this, the County Commissioners were to pay $525, but, through some technical- ity or misunderstanding in the contract, Capt. Warren, after expending nearly that sum in its construction, received not one cent. It was operated for a little time as a toll bridge and then opened to the public free.
The first Postmaster in the county was John D. Bell, at Bellevue. An office was established at the town now called Sabula, about the same time.
The first blacksmith-shop was kept by Henderson Palmer, who was killed in the Bellevue war.
The first grist-mill was probably that of one Kinkaid, built near Bellevue in 1836. This mill contained a pair of mill-stones commonly known as " nig- ger heads," taken from near Bridgeport. Mr. Joseph McCloy, at Maquoketa, claims to have had the first grist-mill for making bolted flour. The same old mill grinds yet.
The first saw-mill was built by John D. Bell, near Bellevue, in 1836.
It is claimed that Lute Steen was the first child born upon the soil of Jack- son County, in the town of Sabula.
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HISTORY OF JACKSON COUNTY.
THE FIRST DEED.
The first recorded deed on the Recorder's book of Jackson County, we give below, because the parties afterward became prominent ; and this, too, will illus- trate the value set on real estate at that very early day. It will be noticed that Jackson County was at that time a part of the county of Dubuque, and of the Territory of Wisconsin :
THIS INDENTURE, made on the twenty-third day of November, in the year of our Lord one thousand eight hundred and thirty-six, between William B. Dodge, of Cook County, State of Illi- nois. of the first part, and William Hubble, of New York City, of the second part.
Witnesseth, That the said party of the first part, for and in consideration of the sum of six hundred dollars in hand paid by the party of the second part, receipt whereof is herehy acknowl- edged, hath remised, released and quit-claimed, and by these presents doth remise, release and quit- claim unto the said party of the second part, his heirs and assigns, all the following described lot or parcel of land lying and being in the county of Dubuque, Wisconsin Territory, being an undi- vided one-sixteenth of that certain claim of one hundred and sixty acres, derived from George Hankins, of Bellevue, situated immediately on the Mississippi River, and adjoining the original plat of Belleview, interest in said claim being now held and possessed by William Hooper and othera, of Galena.
To have and to hold the same, together with all and singular the appurtenances and privil- eges thereunto belonging, or in any wise appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper benefit and behoof of the said party of the second part, his heirs and assigns forever.
In Witness Whereof, The said party of the first part hath hereunto set hia hand and seal, the year and day first above written. WILLIAM B. DODGE.
Sealed and delivered in the presence of
WILLIAM G. HUSTIN.
STATE OF ILLINOIS, ss.
COOK COUNTY.
This day before me the undersigned, Edward E. Hunter, a Justice of the Peace in and for said county, personally appeared William B. Dodge, to me personally known as the real person who executed the annexed quit-claim deed of conveyance, and acknowledged that he executed the same as his voluntary act and deed for the uses and purposes therein contained.
Given under my hand and seal this twenty-third day of November, A. D. 1886.
EDWARD E. HUNTER, J. P.
This is not the first deed made which conveyed title to land in Jackson County, there being deeds on record from John D. Bell to J. K. Moss, dated May, 1836, but not recorded until 1839.
CLUB LAW AND CLAIMS.
It may not be within the knowledge of many of this generation, that the lands of Iowa Territory were occupied, and sometimes bought and sold, by the first-comers, quite a number of years prior to their sale by the General Govern- ment. The land sales for this portion of Iowa did not begin until 1845, when the land office for that district, including Jackson County, was opened at Dubuque. Previous to this time, all lands had been held and deeds made by what was known among the settlers as club-law or claim-law, which was par- tially sanctioned by the Legislature of 1839.
When a settler came out to these wild lands, he staked out his claim, and, in the law of the " club "-a branch of which existed in every neighborhood- that was his property so long as he occupied it. On that land he was allowed, by the laws of Iowa, to maintain an action of forcible entry and detainer, for trespass, etc. When the land should come into market, it was understood that he could purchase the land without competition from his neighbors, at the minimum Government price of $1.25 per acre. . Woe be to the adventurer, speculator or capitalist, who would attempt to over-bid the settler whose
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HISTORY OF JACKSON COUNTY.
improvement had made the land valuable. We give herewith a copy of the by-laws under which the pioneers administered the claim law :
WHEREAS, It has become a custom in the Western States, as soon as the Indian title to pub- lic lands has been extinguished by the General Government, for the citizens of the United States to settle on and improve said lands, and heretofore the improvement and claim of the settler to the extent of three hundred and twenty acres has been respected by both the citizens and laws of Iowa.
Resolved, That we will protect all citizens upon the public lands in the peaceable possession of their claims, to the extent of three hundred and twenty acres, for two years after the land sales, and longer if necessary.
Resolved, That if any person or persons shall enter the claim of any settler, that he or they shall immediately deed it back again to said settler, and wait three years without interest.
Resolved, That if he refuse to comply with the above requisitions, he shall be subject to such punishment as the settlers see fit to inflict.
Resolved, That we will remove any person or persons who may enter the claim of any set- tler and settle upon it, peaceably if we can, forcibly if we must, even if their removal should lead to bloodshed, being compelled to do so for our own common safety, that we may not be driven by ruthless speculators from our firesides and homes.
Resolved, That a committee of five be appointed to settle all difficulties that may arise.
Resolved, That any settler who may have signed these by-laws, and refuses to render ser- vice when called upon by the proper officers and without reasonable excuse, shall be fined the sum of ten dollars, to be divided among those that may have rendered the service necessary.
When the lands were offered for sale, the day on which a certain township would be put up at auction was usually announced. The sales were made in forty-acre lots, and it was a common custom for the settlers to appoint one or two men out of a township who should act as "bidders," and so soon as a "forty" was put on sale it was bid off at the minimum price, and the bystand- ers were prepared to make it lively for any one who would bid more.
On one occasion in 1845, near Maquoketa, a transgression of these claim rules led to quite serious consequences.
A piece of land had been claimed about one and a half miles northwest of Maquoketa, by one Absalom Montgomery, who was, by the claim-laws, in just possession of the land. Forty acres of this piece contained fine timber and was purchased at the land office by Dr. Rhodes, who had moved to Maquo- keta. Rhodes was waited upon by the settlers, and a tender was made to him of the price of the land and all his expenses in going to the land office. This he refused. The club hesitated to introduce harsh measures at once and did not demand an immediate settlement.
Meantime, Montgomery informed Rhodes that it would be at the risk of his life that he or anybody else went to that piece of timber for wood. Rhodes' son-in-law, Brown, a hot-headed fellow, declared Montgomery was a coward; that he was not afraid of him, etc., and a few days after proceeded to the piece of timber for a load of wood.
Montgomery, discovering his presence, approached with a loaded rifle and some words ensued, in the course of which Brown was quite aggravating in his talk, informing Montgomery that the latter "had drank enough whisky to pay for three such pieces of land," etc., when Montgomery leveled his rifle at Brown, who was standing in the wagon, and shot him.
A short time afterward, the team was observed returning without a driver to Maquoketa by Mrs. William Y. Earle, who stopped the team and found Brown yet alive, in the bottom of the wagon. He was able to say that Montgomery had shot him, and those were his last words.
Search was made for Montgomery, who was arrested at S. Burleson's the same day, he having gone in that direction with the purpose of leaving for the West. The officers had followed him and saw him stop at Burleson's. One of their posse went down to the house, and in an unguarded moment Montgomery was
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HISTORY OF JACKSON COUNTY.
arrested, having, however, previously told Burdeson that he and Brown had had a difficulty. Montgomery was brought to trial in Jackson County and found guilty. He succeeded, however, in getting a new trial, and after a change of venue to Delaware County, he was acquitted and at last accounts was living somewhere in Indiana.
In the records of the District Court in October, 1845, we find a case entered as follows :
UNITED STATES, vs. Indictment for murder.
Etah-e-ha-yah and Ha-u-hah-hah. )
These Indians were brought into Jackson County from the central part of the State, where they had been accused, and the case was immediately trans- ferred by a change of venue to Dubuque County.
THE COUNTY SEAT.
In some countries, the history of the capital is the history of the nation. " Paris is France." So, with some counties, the matters of general interest have seemed to center about the county seat.
Not so with Jackson. Its county offices have been itinerants from neces- sity, and an effort to keep track of the seat of justice is about as difficult as to keep the post-office address of a Methodist circuit rider.
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