USA > Iowa > Lee County > The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c. > Part 53
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At a special meeting of the Board on the 19th of the following May, it was "ordered that there be a public sale of town lots in the town of Franklin, on Monday, the 13th day of July next, and to continue from day to day, at the discretion of the Board. Terms made known on the day of sale." Notice of the sale was directed to be published in a "newspaper in the city of Burling- ton, I. T., called the Iowa Territorial Gazette, for at least three weeks before the said sale." No trace of the sale, if it was had, can be found on record.
The Commissioners accepted the location in good faith, and made all lawful preparations to carry out the intent and purposes of the act under which the site of Franklin was selected as a county seat. But the people were not satis- fied. The dissatisfaction grew so strong that. at the next session of the Legis- lature (1840-41), an act was passed entitled " An act to locate the county seat of Lee County." under which the question of location was referred to a vote of the people of the county. The act was approved on the 15th of January, 1841. The election was authorized to be held on the second Monday of March. Section 3 provided that if no one point received a majority of all the votes cast at said election, a second election should be held on the third Monday in April following, at which second election the two points receiving the highest number of votes at the first election should be voted for, and none other, and that the point receiving the highest number of votes should be declared the seat of justice, etc.
445
HISTORY OF LEE COUNTY.
FORT MADISON.
Before the time fixed for this election, the President and Trustees of the Town of Fort Madison passed an ordinance binding themselves to appropriate the sum of $8,000 for the erection of Court House, Jail, etc., provided the county - seat of Lee County should be located at Fort Madison. Joel C. Walker, John A. Drake, William Wilson, Henry Eno, George Bell, Stewart Brown, Thomas Hardesty, James Hardin, William D. Knapp, S. A. Walker, Samuel B. Ayres, E. D. Ayres, H. T. Reid, John G. Walker, Amos Ladd, Peter Miller, John G. Toncray, William Leslie, E. A. Dickey, Thomas Fitzpatrick, Richard Pritchett, Adam B. Sims, H. E. Vrooman, Ed. Johnston, Alfred Rich, James Wilson & Co., J. Huner, Jacob Cutler and Hawkins Taylor, entered into a bond with the County Commissioners in the penal sum of $16,000, conditioned as follows : " That if the President and Trustees of the town of Fort Madison should pay over to the County Commissioners the sum of $8,000, for the erec- tion of public buildings for said county (provided the county seat should be located at the town of Fort Madison), whenever the same might be necessary for the erection of said buildings, then the obligation to be void, otherwise of full force, virtue and effect." These parties represented the property and money interests of Fort Madison, and in making this bond, they virtually become security for the President and Trustees of the incorporation of the town of Fort Madison. The ordinance referred to was as follows :
" Be it ordained by the President and Trustees of the Town of Fort Madison, that the sum of $8,000 be appropriated out of the funds of the corporation for the purpose of erecting a Court House in the Town of Fort Madison (provided that the county seat of Lee County be located in said town). PETER MILLER, President.
ROBERT WYMAN, Recorder.
FORT MADISON, February 23, 1841."
The $8,000 thus pledged by the President and Trustees of the town of Fort Madison, was paid into the county treasury, which was certified to the Legisla- ture by John G. Toncray, the County Treasurer, and D. McConn, a former City Treasurer of Fort Madison, certified that $5,000 was received for the use of the town of Fort Madison from the sale of town lots belonging to Govern- ment in Fort Madison. Amos Ladd, Hawkins Taylor, James Wilson and others, purchased Lots Nos. 534 and 535, upon which the Court House was erected, from S. B. Kile, " for the consideration of $560, and conveyed the same to the County Commissioners for the consideration of $1," making a total of $13,559 provided by the town of Fort Madison for public building purposes, in advance of the election.
FIRST ELECTION.
At the first election on the second Monday in March, 1841, the result was as follows :
For Fort Madison.
465 votes.
For Franklin. 435 votes.
820 votes.
For West Point.
1,220 votes.
SECOND ELECTION.
There was no choice, and a second election was held on the third Monday in April, as provided in Section 3, already quoted. At that election, the contest was between Fort Madison and Franklin, and resulted-
For Fort Madison. 730 votes.
477 votes.
For Franklin.
1,196 votes.
Total.
Majority in favor of Fort Madison
264 votes.
Total
446
HISTORY OF LEE COUNTY.
ERECTION OF THE COURT HOUSE, ETC.
Thus fortified. the Commissioners determined to proceed to the erection of the necessary public buildings. Plans and specifications were invited, and a plan adopted that would include Court House and Jail under one roof, 50x48 feet in size. Proposals were next invited. Thomas Morrison and Amos Ladd contracted to do the brick and stone work, and Isaac R. Ladd to do the wood work.
At a special meeting of the Board held on the first day of June, 1841, the following order was entered of record :
Ordered by this Board. That the square commonly known and denominated the upper public square in the town of Fort Madison be, and the same is hereby, selected and declared by ns the public square for the location or erection of the Court House and Jail for Lee County, which are now about to be erected in said county: and it is further ordered that the said buildings shall be erected as near the southwest corner of the public square as may be practicable.
The site here named is the upper public park, in which the old settlers hold their annual re-unions.
At the regular July meeting of the Board, the following order was made :
Ordered by the Board, That the Court House and Jail for Lee County, commonly called public buildings, which are now to be erected by Thomas Morrison and Isaac R. Atlee, under- takers or contractors, shall be erected on or built on Lots No. Five Hundred and Thirty-four (584) and Five Hundred and Thirty-five (585), situated in the town of Fort Madison, as will appear by reference to the plat of said town : and it is further ordered by the Board. that the order made by this Board at their special session on the first day of June last past, selecting the upper public square for the location of the Court House and Jail be. and the same is hereby, rescinded.
The basement walls were of stone, and the upper walls of brick. Since the present jail was built, in 1865-67. the old cells have been used for storage pur- poses. Many of the old papers, poll-books, etc., of the county were stored away there to rot with damp, or become nests and hiding-places for rats and mice.
The buildings cost about $12,000. and were completed in the summer and fall of 1842. On the &d of September of that year, the Commissioners "ordered that the following disposition be made of the offices in the Court House, fitted up for the use of the county officers, to wit : The southeast room for the use of the County Commissioners and the Clerk of the Board: the southwest room for the Clerk of the District Court ; and the middle room, on the east side, for the use of the Sheriff of the county.
Thus far, Fort Madison interests were triumphant : but the victory was not permanent.
WEST POINT.
While the public buildings were in course of erection, the people of West Point and Franklin formed a combination against Fort Madison, and petitioned the next Legislature to re-open the county-seat question. The people of Fort Madison met the petitions with an address, prepared by the Mayor and Alder- men, in which they reviewed the history of the controversy from the beginning. and the circumstances and conditions under which the county seat had been located and the public buildings erected at Fort Madison, as already quoted. But this address was without effect, and the Legislature passed an act entitled "An act to relocate the county seat of Lee County," which was approved on the 13th day of January, 1843. This act appointed Thomas O. Wamsley, of Henry County. I. N. Selby, of Van Buren County, and Stephen Gearhart, of Des Moines County, to visit Lee County, make an examination of the situation and surroundings, and locate the county seat at such place as to them might seem best, taking into consideration the future as well as the [then] present
447
HISTORY OF LEE COUNTY.
population. In pursuance of the requirements of this act, the Commissioners met at the town of Franklin on the second Monday in March, 1843, and, after being duly sworn, proceeded to the discharge of their duties. The following is a copy of their report :
Iowa Territory, Lee County, ss. : The undersigned Commissioners, appointed by an act of the Legislative Assembly of said Territory, entitled " An act to relocate the county seat of Lee County," approved 18th January, A, D. 1843, make the following report : We met, as directed in said act, at the town of Franklin on the second Monday of March, instant, and, after having been sworn, as provided for in said act, by John Brown, Esq., a Notary Public in and for said county, we proceeded to examine the several points in said county proposed as eligible sites for the county seat of said county, and also to examine the face of the country generally, as to its population and the capability of the several portions of the county to sustain a dense population, etc., and we have concluded to und do hereby select the east half of the southeast quarter of Section 5, Town 68 north, of Range 5 west, being the tract on which West Point is located, as the county seat of said county ; and we further place in the office of the Clerk of the Board of Commis- sioners of said county the annexed papers, marked " A," as a writing executed by the obligors therein named for the use of the county seat at the said poiut above named.
Witness our hands and seals this 20th day of March, A. D. 1843.
[Signed ]
THOMAS O. WAMSLEY. [SEAL. ] I. N. SELBY. SEAL. ]
STEPHEN GEARHART. [SEAL. ]
"A." Know all men by these presents, that we, the undersigned citizens of Lee County and West Point, and Iowa Territory, are firmly bound, individually and collectively, together with our heirs and assigns, to the Board of County Commissioners of said county, for the full payment of fourteen thousand dollars, well and truly to be paid. Dated this 17th day of March, 1843.
The condition of the above obligations are such that if the undersigned shall build a Court to be built (on some part of the public square) in the town of West Point, a Court House for the use of the county, forty-five by fifty feet, the foundation to be of stone, range work in front door, window caps and sills to be of stone, the walls of brick, two stories high, of sufficient thickness, with a suitable number of doors and windows, a good and sufficient self-supported roof, the division walls and the whole of the inside work to be superintended by the Board of County Commissioners, and the building to be finished, in a neat and workmanlike style, by the 1st of September, 1844, in consideration of the Commissioners locating the county seat of Lee at West Point, etc., then this obligation to be void, otherwise to remain in full force and virtue.
Given under our hands and seals the day and year above written.
This document was "signed " and "sealed " by the following-named cit- izens of West Point and vicinity : W. Stewart, William Steel, A. H. Walker, Freeman Knowles, T. T. Botts, C. J. Price, Aaron Conkey, David Walker, J. A. Casey, John M. Fulton, William Stotts, R. P. Creel, P. H. Babcock, A. J. Steffey and William Patterson.
These papers were entered of record at a special meeting of the Board of County Commissioners, held on the 28th day of March, 1843, and may be found on pp. 211, 212 and 213, in book 2 of the official proceedings of the Board.
On the same day, the Board "ordered that the District Courts for Lee County, from and after the 1st day of April next (1843) shall be held at the town of West Point," etc.
An editorial in the Lee County Democrat, R. W. Albright, editor, comment. ing on the action of the Locating Commissioners, under date of March 25, remarked : "For the information of our readers, we will state that according to previous arrangements entered into by the people of the contending points and the citizens of this place (Fort Madison), it was mutually agreed upon that the county seat should remain here for one year after a site had been selected by the Commissioners, and that the Court House, which has just been finished at two-thirds of the expense to the citizens of Fort Madison, should (if any other point be selected by them) be sold at public auction to the highest bidder, and that two-thirds of the purchase-money should be refunded back to the citizens for the use of the town, and the remaining third be deposited with the County Treasurer."
448
HISTORY OF LEE COUNTY.
The West Point people kept their faith and built the Court House according to contract, although the undertaking proved a heavy drain upon the pockets. of the liberal, enterprising citizens, and resulted disastrously to the financial condition of a few of them.
The regular April (1843) meeting of the Board of County Commissioners was held at Fort Madison. Temporary accommodations were secured at West Point for the use of the county officers, while the Court House was building, and the regular July meeting of the Board was held at that place. At that meeting, John A. Drake was appointed to take care of the Fort Mad- ison Court House, with instructions to lease the court-room for the use of relig- ious meetings-the room to be let to the highest bidder. The other rooms were authorized to be let by private contract, for the use of offices, etc. At a special meeting in August, 1845, it was "ordered that the Clerk issue a rule on John A. Drake * * Agent, to rent the Court House in Fort Madison, to individuals, to report to said Board the situation of the same, and pay over any balances that may be in his hands at their next regular session in the month of October next." If Drake answered to the rule thus issued, the Clerk failed to enter his report, and there are no words to show the "situation " of the Court House, nor figures to show the amount of rental received or the "balances " on hand.
The removal of the county seat to West Point did not settle the " vexed question." Defeated, but not conquered, the Fort Madison people "watched and waited " for their opportunity. And West Point's glory was short-lived.
A SCHEME TO DIVIDE THE COUNTY.
During the summer and fall of 1843, a plan was devised for a division of Lee County, and the formation of a new county, to be called Madison. An act entitled " An act for the formation of the County of Madison," was passed at the ensuing session of the Legislature and approved February 15, 1844, by which the question of division was submitted to the qualified voters of Lee County at the April election, 1844. It was provided that the Judges of Election in the different townships should open a poll in each township "For Division," or " No Division," and that the voters should write on their tickets "Division " or "No Division." That the Judges of Election should make return of said tickets, together with the result of the votes of each township, sealed up, within five days after said election, to the Clerk of the Board of County Commissioners for Lee County ; and that on the sixth day after the election, the Clerk, in the presence of two Justices of the Peace for said county, should open and canvass the returns, *
* * and if it should appear that a majority of the votes cast were in favor of the division, then the act to be in full force and Madison County to be considered as fully created and established; otherwise the act to be void and of no effect.
At the same time, the question of calling a Convention to frame a State Con- stitution was submitted. One thousand, three hundred and forty-two votes were cast in favor of the Convention, and three hundred and fifty-three votes were cast against the Convention, making the total number of votes polled for and against the convention, 1,695. The following number of votes were cast for and against "Division " :
Against division 952
For division
713
Total.
1,665
The scheme was defeated by a majority of 239 votes.
449
HISTORY OF LEE COUNTY.
ANOTHER COUNTY-SEAT CONTEST-FORT MADISON VICTORIOUS.
The people had become so used to a distracted condition of county affairs by this time that they couldn't rest content unless the wagons on which the county' - records had been hauled from Fort Madison to West Point were again put in motion to haul them some place else, and the Legislature, which was then in ses- sion, was petitioned for the passage of an act under which the qualified loceters might be permitted to vote on the question of relocation. In answer to this petition, an act entitled " An act to relocate the seat of Justice of Lee County," was approved June 10, 1845, by which the question was referred to the people at an election authorized to be held on the first Monday in August. Section 2 provided that the point receiving a majority of all the votes cast should be declared the seat of justice. Section 3 provided that if no point received a majority of all the votes cast at the August election, then a second election should be held on the first Monday in September, at which second election only the three places receiving the highest number of votes should be voted for. Section 4 provided that if there should be no choice at the second election, then a third election should be held on the first Monday in October, when only the two places receiving the highest number of votes should be voted for, etc.
At the August election, Fort Madison, West Point, Franklin, Keokuk, Montrose and Charleston were "candidates." The result was as follows :
Fort Madison.
664
West Point
308
Franklin.
326
Keokuk.
208
Montrose.
287
Charleston
41
Total
1,834
There was no choice. Fort Madison, West Point and Franklin received the highest number of votes, and were entitled to be voted for at the next election, on the first Monday in September. At this election, the result was as fol- lows :
TOWNSHIPS.
Fort Madison.
West Point.
Franklin.
Total Tp. Vote.
Green Bay
51
51
Denmark
52
13
65
Washington
53
2
55
Madison.
4.79
5
484
Pleasant Ridge
15
17
32
West Point ...
34
258
19
311
Jefferson
18
6
24
Marion.
6
17
2
25
Franklin.
5
1
78
84
Charleston
17
7
91
115
Montrose.
142
36
8
186
Cedar.
2
17
2
21
Harrison
3
49
52
Van Buren
31
7
27
65
Des Moines.
16
7
35
58
Jackson
48
150
56
254
Total.
969
535
378
1,882
-
Majority for Fort Madison
450
HISTORY OF LEE COUNTY.
The people of Fort Madison were happy, and the regular October meeting of the Board of County Commissioners-Jesse O'NNeil, John Bryson and Thomas J. Chinowith-was held in their old quarters in the Fort Madison Court House.
I PYING KICK.
On the Sd of March, 1856, a petition, signed by 2.28S legal voters, was presented to Judge Boyles, asking for an election as between Fort Madison and Charleston, In answer to the prayer of the petition, Judge Boyles ordered au election for the Sd of April following, but there is no report of the result of that election on nevont. Since then, the question has been allowed to rest. The West Point Court House passed into the possession of the school district. and is now used as a public schoolhouse.
KROKUK PLACATED.
By a special act of the Legislature of ISE. a court with concurrent juris- diction was established at Keokuk. The powers of the two courts are as fol- lows: Parties litigant may sue at either court (Fort Madison or Keokuk), and judgments rendered in one district are also a lieu in the other, or, in other words. " good all over the county ;" but criminal cases that arise in either Charleston, Van Buren, Des Moines, Montrose and Jackson Townships, are triable at Ko- kuk only : while these arising in any of the other townships are ouly triable at Fort Madison. All the land south of the Half- Breed line, except the east half of Jefferson Township, is reconted at Keokuk: the remainder of the county at Fort Madison. The different county officers are represented at Keokuk by deputies, Keokuk being considered merely a branch office, separate juries boing chosen for each district.
vores.
The original Court House in Fort Madison was about 50x48 feet. In 1$76. the entire building was overhauled and noustructed. An addition of 28x60 feet was added to the north end, and the vaults remodeled and enlarged with a view to safety and convenience.
The stone walls of the present Jail were laid up in 1865, under an appr priation of 82,000 from the county treasury. In October, 1866, the question of appropriating $7.000 to the completion of the dail, as it now stands. was submitted to the people, and carried by $,666 votes for the appro- priation so 941 votes against the appropriation. It was fully completed in ISOT.
The county buildings at Keokuk were originally ervered about 1856, by Dr. John F. Santoni for a medical college, and by whom they were sold to the county for $14.000.
FINANCIAL EXHIBIT.
Notwithstanding the law organizing a Board of County Commissioners for each county, required them to publish an annual statement of the financial condition of their respective counties, the Commissioners of lee County failed to comply with that part of the law for several years. The first financial exhibit was published January, 1542, when Jesse ('Neil. Mathew Kilgore
451
HISTORY OF LEE COUNTY.
and Johnson Meek were the Commissioners. The receipts and expenditures from 1837 to the close of 1840, were aggregated as follows:
Total receipts in 1887 .$ 640 07
Total receipts in 1888. 1,828 50
Total receipts in 1839.
2,875 50
Total receipts in 1840.
8,441 15
$8,285 22
Total expenditures in 1887
$ 623 85
Total expenditures in 1838.
2,093 82
Total expenditures in 1889.
1,944 00
Total expenditures in 1840
3,485 97
$8,046 64
Excess of receipts over expenditures in four years. $ 288 68 The receipts and expenditures for 1841, were shown in detail in the words and figures following:
From B. W. Gillock, Collector. $ 8,204 65
From Hawkins Taylor, on assessment-roll. 2,484 69
From corporation of Fort Madison 6,000 00
From lieenses ..
1,008 71
From execution
364 46
From finos.
100 50
From estrays.
16 80
Total
$13,179 81
EXPENDITURES.
Paid County Commissioners for services
168 00
Paid John H. Lines, Clerk County Commissioners' Court 626 7.4
Paid Hawkins Taylor for sundry services as Sheriff. 392 51
Paid O. S. X. Peck for sundry services. 843 07
Paid B. W. Gillock. 885 20
Paid W. Il. Starr for services as Proseenting Attorney in 1840.
200 00
Paid H. T. Reid for services as Prosecuting Attorney.
225 00
Paid James L. Estes, services ns Assessor
275 00
Room rent for District, County Commissioners and Probate Courts.
190 83
Paid for boarding and guarding prisoners ....
226 62
Paid for stationery, furniture, etc., for county offices.
112 50
Paid Judges and Clerks of Elections.
816 10
Paid Commissioners for viewing and laying-out roads.
643 00
Paid Justices, Constables, etc., costs in U. S. ensos ..
465 19
Paid John II. Lines money advanced and services rendered in 1840.
422 59
Paid Ladd, Ailee and others for work on Court House.
6,000 00
Paid Territorial Treasurer ..
331 91
Paid County Treasurer for services and stationery.
396 88
Miscellaneous ..
466 68
Total.
$12,866 32
RECAPITIILATION.
Receipts
$21,464 58
Expenditures. 20,912 96
Excess of receipts over expenditures.
552 57
Paid jurors and witnesses .. 778 62
ORGANIZATION OF TOWNSHIPS.
At the regular January meeting, 1841, the County Commissioners ordered that the county of Lee be constituted and established into townships to carry into effect the act entitled "an net to provide for the organization of town-
452
HISTORY OF LEE COUNTY.
ships." Under this order, the following townships and township boundaries were established :
GREEN BAY.
Fractional Township 68 north, Ranges 2 and 3 west, and all that portion of fractional Township 69 north, Range 4 west, east of the north and south line dividing Sections 33 and 34. The first meeting of the electors was directed to be held at the house of Wesley Hughes.
DENMARK.
Fractional Township 69 north, Range 4 west, west of the north and south line dividing Sections 33 and 34, and fractional Township 69 north, Range 5 west. The place for the first meeting of the electors to be at the house of L. L. Thurston. :
WASHINGTON.
Township 68 north, Range 4 west, and fractional Township 67 north, Range 4 west. The first meeting of the electors to be at the schoolhouse on the six- teenth section.
WEST POINT.
All of Congressional Township 68 north, Range 5 west. The place of the first meeting to be at the village of West Point.
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