USA > Iowa > Lee County > The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c. > Part 51
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Paleontology .- Many of the fossils in this cabinet of collections were obtained through Prof. Agassiz, in his life-time, that distinguished and world-known naturalist having once paid Mr. Myers a visit.
In his early boyhood, Mr. Myers had a penchant for gathering pebbles and stones of peculiar formation. His father, Dr. Myers, kept a drug store on Front street, in Madison, and Justus was always filling his pockets with stones that pleased his fancy, from the bank of the Mississippi, which he would store away in some nook or corner of the house. Every once in a while, his mother would throw his collection into the street. One day, when Prof. Owen, the eminent geologist, was making a tour of this part of Iowa, he called at Myers' drug store to lay in some needed supplies. While he was in the store, "Just " came in, and, as usual, his pockets were filled with pebbles, etc. His father reprimanded him, and bade him go and throw them into the street. "No," said Owen, placing his hand upon the lad's head : "let him alone. The lad is all right, and the germ of a naturalist that will make his mark, yet." To encourage the boy, he gave him a small cube of galena mineral, which Myers still possesses. This was the first encouragement he ever received. He grew to manhood at Fort Madison, and received only a common school education, but. as Prof. Owen predicted, has made his mark, and become noted among the learned and educated geologists, entomologists, paleontologists and botanists of America and foreign countries. His cabinet of collections, made up a little at a time, is worth several thousand dollars, and will prove more valuable to his family than a life insurance policy.
POLITICAL ECONOMY.
STARTING THE COUNTY MACHINERY.
Act number sixteen of the first session of the Wisconsin Territorial Legisla- ture, approved December 6, 1836, was entitled an act to amend the several acts hereinafter mentioned, to wit : “An act relative to the duties and privileges of townships, approved 17th April, 1833; also, an act entitled an act to provide for the assessment and collection of township and county taxes, approved 22d April, 1833 ; also, an act entitled an act to provide for defraying of the public and necessary expenses in the respective counties in this Territory, and for other purposes, approved March 6, 1833; also, an act to regulate highways, approved April 17, 1833."*
Section one of the amended act provided "that each county within this Territory now organized, or that may hereafter be organized, be, and the same
*The laws here quoted were enacted by the Legislative Council of the Territory of Michigan.
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HISTORY OF LEE COUNTY.
is hereby, declared one township for all the purposes of carrying into effect the above-recited acts, and that there shall be elected at the annual town meeting in each county three Supervisors, who shall perform, in addition to the duties heretofore assigned them as a County Board, the duties heretofore performed by the Township Board."
Section two provided for the election of one Township Clerk in each county who should perform the duties of Clerk to the Board of Supervisors.
Section three related to public highways.
In accordance with the provisions of the several acts here quoted, and to carry out their intents and purposes, Joshua Owens was appointed to be Sheriff of Lee County.
At the first term of the District Court, March 27, 1837, Judge Irvin pre- siding, it was "ordered that John H. Lines be, and is hereby, appointed to be Clerk of the Court," and was required to give bond in the sum of $2,000. Mr. Lines being present, immediately tendered a bond (with Joseph S. and James Douglass as bondsmen), which was approved by the Court and ordered to be filed. Mr. Lines was then sworn, and entered upon the duties of the office.
FIRST ELECTION.
The first election for county or town officers in Lee County, was held at Fort Madison on Monday, the 3d day of April, 1837. A careful examination of the acts passed by the first Legislative Council of Wisconsin Territory failed to find any election law, and hence we are left to the conclusion that this elec- tion was conducted under the provisions of laws passed and in force while the country was under the jurisdiction of Michigan Territory. The officers chosen at this election were :
Supervisors-William Skinner, William Anderson and James D. Shaw. [The Supervisors were vested with the same powers as the Board of County Commissioners created by act number seven of the second session of the Terri- torial Legislature, and approved December 20, 1837.]
Assessors-Calvin J. Price, William Newcomb and Stephen Graves.
Road Commissioners-E. D. Ayres, Samuel Hearn and Stephen Perkins.
Register-John H. Lines.
Township Clerk-John H. Lines.
Directors of the Poor-E. D. Ayres and J. S. Douglass.
Coroner-Lewis Pitman.
Treasurer-George W. Howe.
Collector-C. M. Jennings.
Constables-C. M. Jennings, Robert Harris, John Burnett, W. N. Shaw, and Franklin Kenneda.
FIRST MEETING OF THE BOARD OF SUPERVISORS.
The first meeting of the Board of Supervisors was held at the house of J. S. Douglass, in Fort Madison, on Monday, the 17th day of April, 1837. The following is a full transcript of their proceedings :
Joseph S. Douglass having produced the receipt of G. W. Howe, Treasurer of said county, by which it appears that he has paid into the treasury five dol- lars,
Ordered, That said J. S. Douglass be permitted to keep a public house in the town of Fort Madison for the term of one year from the 17th of this month, and that he has also permission to retail spirituous liquors and wines by small measure during said time.
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HISTORY OF LEE COUNTY.
Ordered, By the Board of Supervisors, that each and every person who shall apply to said Board of Supervisors for license to keep a grocery, with the permission to retail spiritnous liquors and wines by small measure, shall pay twenty-five dollars per annum into the county treasury, and get a receipt for the same, and present to said Board of Supervisors.
Ordered, That this Board adjourn until the first Monday in May next. [Signed ]
JOHN HI. LINES, Clerk.
At the May meeting, Samuel B. and William H. H. Kyle, John S. Neeley and Jesse Dickey, Lorenzo Bullard and Robert F. Harris were licensed to keep grocery " in the town of Fort Madison, and have permission to retail spiritnous liquors and wines by small measure, for one year." etc.
" It appearing to the Board of Supervisors that the Assessors of the County of Lee have not made any assessment of property in said county, it was ordered that they have until the 1st of July to make the same."
Calvin J. Price was licensed to " keep store and retail goods, wares and merchandise at West Point, in said county, one year from May 1, 1837." License was also granted to James D. Shaw to " keep store and retail goods, wares and merchandise at West Point, in said county of Lee, for one year from the 1st of May, 1837."
At a special meeting of the Board, held at the house of C. L. Cope, in the town of Fort Madison, on the 10th day of July, 1837, Hawkins Taylor, having paid $8 into the county treasury, it was ordered that said Hawkins Taylor have license to keep store in West Point, with the permission to retail goods, wares and merchandise at West Point, in Lee County, for the term of one year from the 10th day of July, 1837.
L. G. Bell was licensed to keep a store in the town of Salem, for one year from the 10th of July. John L. Cotton was also licensed to " keep a store at West Point."
Ordered, By the Board of Supervisors, that Joshua Owens be allowed the sum of ten dollars for summoning a Jewery for the District Court of Lee County, in April last : also, the sum of four dollars for two days' attendance on said court : also, for serving notices on Assessors, two dollars-in all, sixteen dollars.
Stephen H. Graves and William Newcomb, Assessors, having completed the assessment of taxes,
Ordered, That notices be set up in different places, as the law directs, that if any person or persons shall be aggrieved by the incorrectness of their list of taxes, they should have an oppor- tunity of correcting the same.
William Newcomb was allowed $30 as full compensation for his services as Assessor for the year 1837. Stephen H. Graves was allowed $20 for his services as Assessor.for the year 1837. Then follows this entry :
It appearing to this Board of Supervisors that the assessment list that is returned to said Board is not fit for the Collector to use in collecting the taxes,
Ordered, By the Board of Supervisors that the Township Clerk make out a fair copy, in alphabetical order. of all persons in the original list, with the amount of property opposite their names respectively, who are assessed and liable to pay a tax, and the same to be handed over to the Assessor.
The Board then adjourned, and their next meeting was held on the 2d of October.
ROADS AND HIGHWAYS.
The Road Commissioners met for the first time on the 2d of September, 1837. Present. E. D. Ayres, Stephen Perkins and Samuel Hearn. This Board had charge of all the public highways in the county, the appointment of Road Supervisors, etc.
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HISTORY OF LEE COUNTY.
District No. 1. "The Commissioners appoint George M. Ball, Overseer of the road leading from the town of Fort Madison to the northern boundary- line of Lee County, on the direction of Moffatt's mill, on Skunk River, and to work or open said road. The Overseer will call out all the hands in Madi- son east of the cross street which passes by the late residence of Nathaniel Knapp, his district to terminate at E. D. Ayres' house." This was the style and wording of their orders.
District No. 2 commenced at the house of E. D. Ayres, and extended to the northern line of the county. Isaac Briggs was appointed to be Supervisor. The names of the settlers liable to do road work are given-fifteen in all.
District No. 3 commenced at the grading on the Mississippi River, and fol- lowed the "West Point survey from Fort Madison to the top of the bluff. The bounds of the hands as follows: The street running north, including the widow Knapp's (Nathaniel Knapp), to include all the hands in the town west to the lower part of the plat." Joseph Morrison was appointed to be Super- visor.
District No. 4 commenced " at the top of the Mississippi Bluff, on the West Point Survey, and extended out to the first large branch, on the west of George Herring's house."
District No. 5 commenced at the branch above named and terminated at the public square in West Point. The bounds of the district included all the hands on the east of the public square from Sugar Creek south, and north to Herring's boundary, to the county line." Lewis Pittman was appointed to be Supervisor, or Overseer.
District No. 6 extended from the center of the public square, at West Point, to the crossing of Sugar Creck on the road leading to Tuscarora, terminating at said ford. This district included all the hands west of the public square, at West Point, and north of Devil Creek, and including all the hands to the county line on the north. Solomon Fein, Supervisor.
District No. 7. "John B. Perkins is appointed by us to superintend the road, from the crossing of Devil Creek, leading to Bentonsport, and terminat- ing at the county line of Lee. The boundary of hands : From Walker's mill, on the south side of Devil Creek, and north side to Fein's boundary to said county line."
District No. 8. Theophilus Bullard was appointed to superintend the road from Devil Creek to the town-plat of Fort Madison. " His boundaries are as follows : George Wilson and all the hands to the town-plat of Fort Madison, under the bluffs, it being a part of the road running from Hearn's Ferry to Madison.'
District No. 9. "Johnson Meek is appointed by us to superintend the road running from Hearn's Ferry to the ford of Devil Creek, including from the mouth of Devil Creek to William Skinner's ; from thence to James Fike's, and west to the county line, south of said bounds in said county of Lee."
Each of these " orders " bore the signatures of each member of the Board. Other roads were declared to be "public highways," and their places of begin- ning, ending, bearings, etc., entered of record.
The Board of Supervisors were in session on the 2d, 3d and 4th days of October. The most of the time occupied in this session was taken up in the examination and allowance of accounts.
Among other allowances was the following :
Ordered, By the Board of Supervisors, that H. D. Davis be allowed $4 per month for a cer- tain house used as a county jail, until the 1st day of April, 1838.
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: HISTORY OF LEE COUNTY.
This was a little log house on Elm street, near the upper square. Davis was a shoemaker, and used the Jail as a shop as well as renting it to the county for a Jail.
Commissioners of Highways were allowed $1 per day for their services in " overseeing " road-work, " warning-out hands," etc.
The Board of Supervisors met on the 2d of October, and remained in session until the evening of the 4th.
Horatio McCardle, on producing the Treasurer's receipt for $5, was granted license to keep tavern in West Point for one year, with permission to sell spirituous liquors and wines by small measure during that time, and no longer.
A store was not a store, a grocery was not a grocery, and a tavern was not a tavern, in those days, without a stock of whisky, wine, etc.
October 4, " G. W. Howe, Treasurer of the county of Lee, came forward and settled up as Treasurer, and then resigned his commission."
Under the same date, the following entry appears of record :
"$153,474. It appearing by the return made to this Board of Supervisors by the assessment-list, that there is one hundred and fifty-three thousand four hun- dred and seventy-four dollars of taxable property, ordered that the per centum to be levied shall be one-half of one per centum."
This levy produced a revenue of $767.37, which the Board supposed would meet the expenses of the county for that year.
The last session of the Board of Supervisors was held at the house of C. L. Cope, in the town of Fort Madison, on the 7th day of February, 1838.
LAST ORDERS.
It appearing to this Board of Supervisors, by the tax-list presented by C. M. Jennings, Collector of Lee County, that there still remains a portion of the taxes for the county of Lee unpaid,
Ordered, That C. M. Jennings have until the 7th day of March, 1838, to make the balance of the return of said taxes.
Ordered, By the Board of Supervisors, that Foude & Green be allowed the sum of four dollars for making hand-irons and hobbles.
Ordered, By the Board of Supervisors, that William Anderson be allowed for three days' services as Supervisor. at one dollar per day.
Ordered, By the Board of Supervisors, that William Skinner be allowed the sum of two dollars for two days' services as Supervisor.
Ordered, By the Board of Supervisors, that John H. Lines be allowed the sum of two dol- lars per day for two days' services as Clerk to the Board of Supervisors.
COUNTY COMMISSIONERS.
The seventh act of the second session of the Territorial Legislature of Wisconsin, approved December 20, 1837, was entitled, "An act organizing a Board of County Commissioners in this Territory."
Section 1 of this act provided that there should be organized in each county in the Territory, a Board of County Commissioners for transacting county business, to consist of three qualified electors, any two of whom should be competent to do business, to be elected by the qualified electors of the sev- eral counties respectively, and that the first election should take place on the first Monday in March following, and thereafter the election should be at the time and places of the general election in each county.
Section 2, of the act, provided that the person having the highest number of votes should serve three years, the person having the next highest should serve two, and the next one year, and thereafter annually should be elected
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HISTORY OF LEE COUNTY.
one Commissioner who should serve three years. In case of a tie vote, the grade to be determined by lot by the Clerk in the presence of and under the direction of the Sheriff.
Section 4 declared the County Commissioners a body corporate, under the name and style of "the Board of Commissioners of the county of (Lee)." The Board was requested to meet four times a year and set six days at each session, if the business of the county required it. The act provided that the Board of Commissioners should transact all and singular, the business now per- formed by the Board of County Supervisors. Their compensation was fixed at $3 per day, for each day actually employed in transacting the county busi- ness.
This system of county management originated with Virginia, whose early settlers soon became 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. The county organization, where a few influential men managed the whole business of the community, retaining 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, consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1634, eight counties were organized in Virginia, and the system extended 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 into "parishes " in Louisiana, from the French laws.
SECOND ELECTION.
Under the provisions of the act above quoted, an election was held in Lee County, on Monday, the 5th day of March, 1838. William Anderson, Stephen H. Graves and S. H. Burtis were elected as a Board of County Commissioners. Peter Miller was elected to the office of County Treasurer; Henry D. Davis was elected to serve as Coroner, and Joshua Owens was elected to the office of Assessor. Joseph Morrison, John P. Barnet, Samuel Burtis, A. C. Brown, C. M. Jennings, L. B. Parker, William Points, Thomas Small, H. E. Vrooman, John Patterson, P. N. Miller, M. C. Martin and Abraham Hinkle were elected to serve as Constables.
The first meeting of the Board of County Commissioners of Lee County was held at the Court House in Fort Madison, on the 26th day of March, 1838.
John H. Lines was appointed Clerk of the Board.
Ordered, That William Patterson be permitted to keep a tavern in the town of West Point, for the term of one year, with the permission to vend spirituous liquors and wines by the small measure during said time, and no longer.
Ordered, That John H. Lines be allowed the sum of thirty-five dollars twelve and one-half cents for the following books purchased for the use of the county, viz : One deed-book, $7.87} ; one judgment-book, $7.87}; one mortgage-book, $6; one minute-book, $3.87}; one execution- book, $3.123; one calender, $2; one marriage license book, $1.87}; one fee-book, $1.50; one estray-book, $1 .- $35.123.
This is the first account for books and stationery found on record.
Peter Miller presented his bond as County Treasurer, in the penal sum of $3,000. Isaac Johnson and L. B. Parker were his sureties.
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HISTORY OF LEE COUNTY.
Grocery licenses were fixed at $25 per year. The form of the license was ordered to issue in the words following, to wit:
Territory of Wisconsin, Lee County-To John Doe :
By order of the Board of County Commissioners, you are hereby licensed to keep a grocery, with the permission to vend spirituous liquors and wines by small measure, for the term of one year from the date hereof. and no longer ( Sabbath Days excepted), provided you will not admit of any rioting, playing at cards, dice, or any unlawful game, or games, of any kind in the room which you may occupy as a grocery, or any of the rooms contiguous thereto, during said time. Dated Fort Madison, etc.
Collections from grocery store and tavern license and taxes assessed against personal property were the only source of revenue until lands became taxable in 1839.
Road districts and election precincts or voting-places next claimed the atten- tion of the Board. The county was divided into six precincts. The voting- place in Precinct No. 1 was at Samuel Hearn's, and Samuel Hearn, John Billips and Johnson Meek were appointed to be Judges of all general elections.
The house of M. C. Martin, in the town of Keokuk, was named as the voting- place in Precinct No. 2-John Gaines, Esq., Valencourt Vanausdol and John Wright to be Judges of all general elections.
The Montrose neighborhood constituted the Third Precinct, with the house of William Holmes as the voting-place. T. H. Gregg, Robert Roberts and William Coleman were appointed to be Judges.
Fort Madison was declared to be the Fourth Precinct, and the house of C. L. Cope the voting-place. John A. Drake, William Wilson and Isaac Johnson were named as Judges.
West Point was made the Fifth Precinct, with the house of Willian Patter- son as the voting-place. William Patterson, C. J. Price and Horatio McCar- dell, Judges.
What was known as the Howard Settlement, in what is now Cedar Town- ship, was declared to be the Sixth Precinct, and the house of Joseph Howard the voting-place. William Howard, Joseph Howard and Harrison Foster, Judges.
VIOLATIONS OF THE LICENSE LAW.
At this session, "it appeared to the satisfaction of the Board that there were persons within this county who were unlawfully vending and retailing goods, wares, merchandise, vinous and spirituous liquors and other articles of traffic, without having a license for the same, it was ordered that Phillip Viele be, and he is hereby, appointed attorney to prosecute all offenders against such laws as are within the jurisdiction of this Board ; and the said Viele to proceed against such person or persons as the said Board may direct, and to remain as such attorney so long as they, the said Board, may require his services, or as long as he may well and faithfully discharge the duties which may be necessary to be attended to."
The passage of forty years, the ingenuity of gifted law-makers and the elo- quence of preachers and moralists, have failed to eradicate the evil against which, at that early date, war was declared in Lee County. State and national Legislatures have planned and prosecuted without avail. The evil that called for the above order still exists, and continues to baffle the wisest heads.
At the July meeting of the Board. " the appointment of Phillip Viele as Attorney on the part of the County of Lee was revoked on account of his negli- gence to the business intrusted to him." Alfred Rich was appointed to the vacancy, and instructed to prosecute every violation of the regulations.
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HISTORY OF LEE COUNTY.
At this time there were no public buildings in Lee County, and the Board directed that suitable rooms for the District Court be secured from C. L. Cope, at $3 per day. John H. Lines was directed to furnish books and stationery necessary for the District Court, Register of Deeds, Board of County Commis- sioners, etc.
The tax levy this year was one-third of one per cent.
COUNTY JAIL.
The first measures for the erection of a County Jail were inaugurated by this Board of County Commissioners. The following order appears on page 36 of the old record of county proceedings :
Ordered, That there shall be built in the town of Fort Madison, on the north side of the upper public square, a County Jail. of the following dimensions, to wit: twenty feet square, with a double wall of hewn oak timber one foot square, sound and clear of rot or decay ; fifteen feet high and two stories in height, the lower story to be built with a double wall, seven feet between the upper and lower floors, which are to be laid of hewed oak timber, one foot thick, with square joints. To be let out on the third day of the next term to the lowest bidder, etc. Notice of the letting of the contract was directed to be " published in the Fort Madison Patriot, for six weeks,"
The Board was in session on the 4th of April, and the 2d, 3d, 4th, 5th and 30th days of July, but no mention of the letting of the Jail contract appears of record. From the following order, however, which is found under date of the 13th day of October following, it would seem that the contract was let and the Jail completed.
Ordered, By the Board that the jail be received of the undertaker (contractor), Isaac Miller, and that the Clerk grant him an order on the Treasurer for $486.58, in full, for the same.
This Jail was destroyed by fire within eighteen months after it was com- pleted.
The last session of the Board of Commissioners under the jurisdiction of Wisconsin Territory, commenced on the 2d day of July. Under the act creat- ing Iowa Territory, the authority of Wisconsin ceased on the 3d day of July, 1838. The last orders of the Board subject to the jurisdiction of Wisconsin Territory were under date of July 3, and were in these words :
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