The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 52

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074

USA > Iowa > Polk County > The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 52

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" In witness whereof, I have, this twentieth day of April, in the year of our Lord, one thousand eight hundred and forty-six, sit my hand and seal in presence of Addison Michall.

[SEAL.]

"R. A. KINZIE.

TERRITORY OF IOWA, "POLK COUNTY. }ss ..

"Before me, Addison Michael, a justice of the peace, in and for said county, personally appeared, the within named R. A. Kinzie, and acknowleged the signing and sealing of the within bill of sale to be his voluntary act and deed, this twenty-fourth day of April, A. D., 1846.

" ADDISON MICHAEL, J.P."

The second record is a quitclaim deed from R. A. Kinzie to Perry S. Cross- man. By examination it will be found to include the land upon which Fort Des Moines formerly stood, and which is now the most valuable part of the city.

"DEED.

" Know all men by these presents, that I, Robert A. Kinzie, of the county of Polk, and Territory of Iowa, for and in consideration of the sum of five hundred dollars to me paid by Perry L. Crossman, of the same place, the receipt whereof is hereby acknowledged, have bargained, sold and delivered, and do, by these presents, bargain, sell and deliver to the said Perry L. Crossman the following described property and claim, to wit: A sertain claim known as the claim made by the said Kinzie, between the Des Moines

408

HISTORY OF POLK COUNTY.

and Raccoon rivers, and described as follows: Commencing at the mouth of the Raccoon river, thence up said river Des Moines about one-half mile, to an oak tree marked with the nitials of said Kinzie's name; thence westerly about one mile to an oak tree marked with the nitials as before mentioned; thence south to an elm tree standing alone in the prairie; thence southeast- erly to a elm tree on the bank of Raccoon river marked with the nitials of said Kinzie's name; thence meandering the said Raccoon river to the place of beginning, containing about one-half section of land, together with all improvements thereon owned by the said Kinzie, to wit: one dwelling-house which the said Kinzie now occupies, and the improvements thereto belong- ing and owned by the said Kinzie, to wit: a stone house, formerly occupied by said Kinzie, now occupied by Addison Michall, also all the improve- ments made by Capt. James Allen in his individual name and sold to said R. A. Kinzie, to have and to hold said claim and described property so bar- gained and sold to the said Perry L. Crossman, his executors, administrators and assigns, to his and their own proper use and benefit forever. And I, the said R. A. Kinzie, do hereby covenant and agree to, and with the said Perry L. Crossman, that I and my heirs, executors and administrators will warrant and forever defend the said claim and discribed property sold and delivered to the said Perry L. Crossman, from and against the rightful claim, of all persons whomsoever, except the claim of the United States, of all which claim and property described, I, the said R. A. Kinzie have put the said Perry L. Crossman in full possession, by delivering to him all the said property and claim at the time of the sealing and delivering of these presents.

"In witness whereof, I, the said Robert A. Kinzie, have hereunto set my hand and seal this twenty-fourth day of April, A. D. 1846.

Witness:

E. R. CLAPP.

[SEAL.]

"R. A. KINZIE."

"TERRITORY OF IOWA, ' } 65. ¢

"POLK COUNTY.

"Before me, Addison Michael, a justice of the peace in and for said county, personally appeared Robert Kinzie and acknowledged the signing and seal- ing of the above bill of sale to be his voluntary act and deed.

"Given under my hand this 24th day of April, A. D. 1846.

"ADDISON MICHAEL, J. P."

The mortgage, that formidable condensing instrument so much used in later times by the lender to evaporate the borrower, seems to have been early introduced into the manipulation of Polk county real estate. Then, as now, was the mortgage resorted to as a last and hazardous attempt to procure a little cash for present and pressing necessity, and the contingent bargain was not unfrequently adjudged by the proper authorities to be a real and actual one. The mortgage, therefore, has a very prominent place assigned it on the first pages of the county real estate record. The follow- ing is the first instrument of this kind recorded:

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HISTORY OF POLK COUNTY.

"MORTGAGE.

"This indenture, made and entered into this 26th day of June, 1847, be- tween Matthew Spurlock, of Polk county, Iowa, of the first part, and Wil- liam W. Clapp, of the same county, of the other part, witnesseth: that the party of the first part, for and in consideration of the sum of sixty-five dollars and sixty-six cents, to me in hand paid by the said party of the sec- ond part, the receipt whereof is hereby acknowledged, I have and do by these presents grant, bargain, sell and convey unto the said William W. Clapp, his heirs and assigns forever, the claim of land upon which I now reside, together with all the improvements thereon; the said claim contains at least three hundred and twenty acres, and is to include the buildings and improvements thereon, to have and to hold the same free from all incum- brances whatever; and I, the party of the first part, hereby agree to war- rant and defend the same unto the party of the second part, his heirs and assigns, from the claim of all persons whomsoever, except the United States of America. Provided always, that this conveyance is upon this consid- eration: that, whereas, the party of the first part is justly indebted to the party of the second part in the just and full sum of sixty-five dollars and sixty-six cents, for which said Spurlock has this day executed to said Clapp his promissory note for said amount, and made payable on the 25th day of December, 1847, which note is made payable in pork at the cash price at said Spurlock's. Now, should the said Spurlock pay, or cause to be paid to the said William W. Clapp, his heirs or assigns, the full amount of the said note in the manner and at the time it becomes due, then the above con- veyance to be void; otherwise, to be and to remain in full force.

"In testimony whereof, I have hereunto set my hand and seal this the date aforesaid.

[SEAL.]

"MATTHEW SPURLOCK."

"STATE OF IOWA, "POLK COUNTY.

ss.

"Be it remembered, that on this the 26th day of June, 1847, Matthew Spurlock, the above named grantor, personally appeared before me, Wil- liam H. Meacham, a justice of the peace in and for said county, and ac- knowledged that he signed, sealed aud delivered the within conveyance to William W. Clapp, as his voluntary act and deed for the purposes therein mentioned.

"Given under my hand this the date aforesaid.

"W. H. MEACHAM, "Justice of the Peace.

"Recorded by me this 29th day of June, 1847.

"JOHN MYERS, "Recorder in and for Polk County. "By P. MYERS, Deputy."

One of the most remarkable instruments recorded in the early records of Polk county is a quitclaim deed to a claim partly in Boone and partly in Dallas counties, when they were yet a part of Polk, or rather attached to Polk, for judicial and revenue purposes. The grantor, Mr. Charles W. Gaston, was the veritable first settler of Boone county, where he still re-

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HISTORY OF POLK COUNTY.

sides. He will be remembered by many of the old settlers of Polk county, who, upon being reminded of him by this document will be pleased to learn that the old pioneer and frontier soldier on recently turning his three score and tenth year took to himself a new bride. He has been successful in the accumulation of this world's goods, and from the gentleman's appearance when the writer last saw him, has a fair chance for becoming a monagena- rian. The following is the instrument referred to:

"DEED AND BILL OF SALE.

May the 3d 1847

Boone county State of Iowa.

Now all men by these presense that I Charles W. Gaston of the county of Boone State of Iowa of the first parte dwo hereby sell convay and de- liver to the said Joseph Harden of the second parte the following described property, to-wit: commenced to discribe the property one clame being on the Des Moines River in Boon and Dalls Cauntys, split by the supposed county line; boundreys of the said clame bounded on the east by a clame that was maid by a man by the name of Ivins, on the south by the Dis Moines River, on the west by a clame that Alexander Caton sold in the faul of 1846 to a man by the name of Williams, on the north by the Sweads. This claim containing two hundred and twenty acors more or less; two horses, one sorl horse seven years old with a blase in the fase, marked on the rite four paster joint by a cut when he was three years old, one bay horse age not nowing, blind with both eyes, harns and gears fur both horses, one small two horse wigan with a box bed on it painted rhead, one slead maid fur holing rails, one cow and sucking calf, one yearling heffer, calf marked with a slit in the right year, oallso the sucking calf marked slit in the right year, sixteen head of hoges, sowes burrows and pedges marked with a slit in the righte year, on bea gum of Beas, all the corn and hay ou the clame, one bead and beadding consisting of one straw tick, one feather tick, two sheates, two blankites, two quilts, one spread, three pillaw slipes eight barles one small Cag, one extra horse collar, two bead cords, one plow line on driven plow, stock and all, one saddel and blanket and riding bridle martin gales one old saddle trea, one hundred pounds of bacon, one whip saw on craidlen sith 3 broad hoes one bufalow Roabe, one side of upper leather, one side of harness leather, one broad axe, one small loaking glass, one log chain four clevises, two axes, two iron wedges, one gallon jug, one bell, one gnise stone, fier shovel and tongs, two trunks, one chist and all therein, two skillets, one pot, one tea cittle two buckets two coffey pots, two set of plates, two tin panes, one shugar box, one tea pott two cream pichers, one set of tea cups and sasers, one paper box, two boules, three glass tumblers two glass butter plates, two pinte flaskes, one tin jar nine table spoones, six tea spoons, nine nives and nine forks, one tin cup, one coffey mill, one han saw one claw hammer, two argers, three chisels, one twol chist and all the twols that is in it to the amount of two hundred dolers with this chist the said hardin taxes it on fox river at moser mener's one nother chain every thing that ever belonged to the said C. W. Gaston one the clame now belongs to the said Joseph Hardin. All this property I dwo sell convay and deliver into the presents of and for and in considera- tion of the sum of five hundred and fifty dollars in hand paid there four I

fordand 6

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HISTORY OF POLK COUNTY.

set mi hand and fix mi seal in good faith this the 3d day of May, A. D. 1847.

[SEAL.]

"CHARLES W. GASTON.

Witness:

STEPHEN K. SCOVELL."

The first regular warranty deed was executed in August, 1848. It was from the County Commissioners to one William McIlvain, and the prop- erty conveyed was lot eight in block thirty, of the original town of Fort Des Moines. The consideration, as will be seen from the record, was twenty-seven dollars and fifty cents.

The following is a copy of the record:

"Know all men by these presents that whereas William McIlvain, of the County of Wapello, in the State of Iowa, purchased of the County of Polk, in the State of Iowa, lot number eight (8), in block number thirty (30), in the town of Fort Des Moines, the county seat of said County of Polk, and has made full and final payment therefor according to the terms of sale, now know ye that the county of Polk, aforesaid, for and in consideration of the sum of twenty-seven dollars and a half ($27.50), and in conformity with the law in such cases made and provided, has given and granted, and by these presents does give and grant unto the said William McIlvane, his heirs and assigns, the said lot above described, to have and to hold the same together with all and singular, the rights, privileges, immunities and appurtenances, of whatever kind thereto belonging unto the said William McIlvane, his heirs and assigns forever.

"In testimony whereof we, Thos. Black, Andrew Grosclose, and John D. McGlothlen, commissioners of Polk county, in the said State of Iowa, have hereunto set our names this (14) fourteenth day of August, A. D. 1848.

"THOS. BLACK. "ANDREW GROSCLOSE. "JOHN D. MOGLOTHLEN."

The acknowledgment of the deed was made by Lewis Whitten, a notary public, in and for Polk county, Iowa. Recorded by James Campbell, re- corder of Polk county, Iowa, on the 14th day of August, 1848.

The first warranty deed from an individual was executed on the 18th of November, by Pierce B. Fagen, to the county commissioners. The prop- erty conveyed was a part of the original town of Des Moines. The follow- ing is the copy of the record:

"This indenture made and concluded by and between Pierce B. Fagan, of the one part of Polk county, and Thomas Black, Andrew Grosclose and John D. McGlothlen, Commissioners in and for said Polk county, afore- said, of the second part, witnesseth:

" That the said party of the first part, for and in consideration of the sum of three hundred and five dollars, to him in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained and sold, and does hereby grant, bargain and sell and convey unto the said party of the second part, and their successors in office forever, the following described real estate, to wit : -

. " So much of the northeast quarter of the northwest quarter of section No. nine (9) in township No. seventy-eight (78) north, of range No. twenty-four

414

HISTORY OF POLK COUNTY.

(24) west of the fifth principal meridian, as is contained in the original lim- its of the original town plat of Fort Des Moines, the county seat of said county, according to the recorded map or plat of said original town,

" To have and to hold the same to the said party of the second part and their successors in office forever; and the said Pierce B. Fagen, party of the first part, covenants that he is lawfully seized in fee of the premises aforesaid, and that the same are free from all incumbrances whatever, and further, that he will forever warrant and defend the same to the said party of the second part, their successors in office and assigns forever;

"In witness whereof the said Fagen, party of the second part, has hereunto set his hand and seal the eighteenth day of November, A. D., 1848.

" PIERCE B. FAGEN.

" Signed, sealed and delivered in presence of

" GEORGE MAGGS. " LEWIS WHITTEN."

Acknowledged before Lewis Whitten, a notary public.

GROWTH OF THE COUNTY.

The official act of the Territorial Legislature naming Polk county and defining its boundaries, was approved January 17, 1846. The territory comprising that county was not thrown open for settlement till October, 1845. It will therefore appear that Polk county was named and its boun- daries defined about. three months after its first settlements, proper, and about two and a half years after the establishment of Fort Des Moines. In this particular the early history of Polk county differs from that of the sur- rounding counties. All the surrounding counties, and, in fact, nearly all the counties of the State, show that they were originally attached to some other county and remained in that condition of dependence till they had grown in population and wealth sufficiently to set up for themselves.

During these years of probation these counties were in an undefined state of existence; thus, Mahaska county for some time was attached to Washington; Washington, in its time, had been attached to Louisa, and Louisa had formerly been dependent on Des Moines. So, in later years, Dallas county, Boone county and the whole region of country north and west were attached to Polk county for judicial and revenue purposes until the time should arrive when these young counties should have so far grown as to be able to support a separate municipal organization. Not so with Polk county; it took care of itself from the first. At the time of its first settlement there was no well-settled and organized county anywhere near to which it could be attached. It served no period of tutelage or probation but at once sprang into a state of independence and self-reliance. It gave promise, from the first, of its future pre-eminence; its geographical loca- tion, physical features, and the character of its first settlers, all prophesied of its future greatness, and its ultimate selection as the capital or head county of the State.

The county seems to have prospered well from the first, and flourished in its minority fully as well as those other children of the State which had foster parents to guard them through a period of dependence.

The people of the county, at the time of its organization, were mostly native-born Americans, with a healthful intermingling of thrifty and in- dustrious emigrants from Germany, Ireland and Sweden, and from that

415

HISTORY OF POLK COUNTY.

time to the present the population has been mostly of that character. The county filled up steadily and rapidly. Nearly always the new comers were poor in purse. Few men of means came to Polk county in the early days. But, although they came almost without exception poor in pocket, they brought with them industry, economy and intelligence, so that, in the course of years, wealth has been the result. The growth of the county has never slackened or come to a stand-still, except for a very short time, but con- tinued steadily, year by year. The brunt of the pioneer battle was borne by the very early settlers, for within a few years the great hardships of-pio- neer life had disappeared, and the people lived in comfort.

At the time of organization, in 1846, there were 1,301 inhabitants in the county, while the State, at that time, contained a population of 97,588. At a rough estimate its population was one seventy-fifth, or .013 per cent of the population of the State. In 1856, its population was 9,417; in 1865, it was 16,473; and in 1875, it was 31,558. The population of the State in 1875 was 1,350,544; the population of the county being at that time about one fortieth, or .025 per cent of the population of the State.

Thus will it be seen that in the rapid development of the most progress- ive State in the Union Polk county has far outstripped, in increase of pop- ulation, the average county, and from containing the one seventy-fifth of the population of the State in 1846, now contains one fortieth. If the lim- its of this work would permit a comparison of its relative increase in mate- rial development, Polk county would still be found to be the leading county of the State.

-- Thus from the very first the history of the county shows a steady career of thriving, prosperous growth. The following table of important events shows the general landmarks of the county's career and history from the beginning to the present time:

Fort Des Moines established, May 9, 1843.

First white child born, 1845; daughter of Lieut. Grier.

First marriage, June 11, 1846; Benjamin Bryant to Elvira Birge.

First land entered, January 12, 1847; by State.

First land transfer, August 14, 1848.

First mortgage, June 26, 1847.

County organized, 1846.

Des Moines laid out, July 8, 1846.

First term of court, April 2, 1846.

First newspaper, July, 1849.

First mail, April, 1846.

First railroad, August 29, 1866.

Court-house built, 1857-1863.

State capital located at Des Moines, 1857.

Post office-building erected, 1867-1870.

This brief table represents a large amount of history and will be very in- structive to such as " ponder it fittingly:"

Speaking generally, the growth of the county has been steady and con- tinuous, although of course there have been times of ebb and flow. The first period of the county's growth was one of much hardship and privation. The California emigration, however, brought golden days to the county; in supplying the needs of the army of gold seekers who passed through there was a demand right at the doors of the settler for all the farm produce he could spare; prosperity continued at high tide till the panic, a few years

416

HISTORY OF POLK COUNTY.

before the war. The panic times were times which tried men's souls in Polk county as elsewhere; there was very general discontent, and many business men in the county were ruined. A slow recovery followed and in- troduced the war period. From the close of the war till 1873 the county was in a prosperous condition. The county did not suffer so much directly as indirectly by this panic, and the evil effects being indirect did not reach this locality till about a year after the older settled communities farther East were first affected. When hard times did come the experience of the people was very similar to that of the people of all countries, and times when the ebb tide sets in and leaves many a too adventuresome craft stranded on the sands; property depreciated and became unsalable, general uneasi- ness and discontent prevailed. There has been nothing peculiar in the ex- perience of the people of Polk county; it has been that of the country in general. At the present time the country is fairly started again on a career of prosperity. So in Polk county good times have followed close upon evil times, and vice versa, through the period of its growth. It would seem that the old sages thought it would be a good thing to keep ever in mind, both in prosperity and adversity, "Even this shall pass away."

Such a lesson is taught by the experience of the county from the time of its organization till the present.

Having thus definitely, and as fully as the records permit, noted the early settlements, and described the hardships of the pioneer and the development of the country during its early stages, we now come to the matter of the county organization.

CHAPTER VI.

ORGANIZATION OF THE COUNTY.

Origin of county and township organization -- Condition of Territory before organization --- Legislative act organizing Polk and Jasper counties-Subsequent changes of boundary- Appointment of commissioners to locate seat of justice-First election-Proceedings of County Commissioners-License-Ferries-Roads-Election precincts-County judge sys- tem-Township system-Board of Supervisors-First courts-Public buildings.

IT was not long after the Indians, departed and the county was thrown open for settlement, that the necessity of county organization in the inter- ests of good government, good roads and the management of other local affairs, became apparent. The county was thrown open for settlement in October, 1845, and during the fall of the same year steps were taken for the organization, and during the following winter the necessary legislation was procured in the Territorial General Assembly, then in session in Iowa City.

Before proceeding to speak of these events in detail it will be proper to state some facts bearing upon the subject of county and township organiza- tion in general.

With regard to the origin of dividing individual States into county and township organizations, which, in an important measure, should have the power and opportunity of transacting their own business and governing themselves, under the approval of, and subject to, the State and general government of which they both form a part, we quote from Elijah M. Haines, who is considered good authority on the subject.

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HISTORY OF POLK COUNTY.

. In his " Laws of Illinois, Relative to Township Organizations," he says: " The county system originated with Virginia, whose early settlers soon be- came large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area.

" 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 conso- nant 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 1834 eight counties were organized in Virginia, and the system, extending throughout the State, spread into all the Southern States, and some of the Northern States; unless we except the nearly similar division into ' districts' in South Carolina, and that into 'par- ishes' in Louisiana, from the French laws.

" Illinois, which, with its vast additional territory, became a county of .Virginia, on its conquest by General George Rogers Clark, retained the county organization, which was formerly extended over the State by the constitution of 1818, and continued in exclusive use until the constitution of 1848.

"Under this system, as in other States adopting it, most local busi- ness was transacted by those commissioners in each county who constituted a county court, with quarterly sessions.

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The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men, Part 52

Author: Union Historical Company, Des Moines, pub Publication date: 1880 Publisher: Des Moines, Iowa : Union Historical Co. Number of Pages: 1074

Author: Union Historical Company, Des Moines, pub
Publication date: 1880
Publisher: Des Moines, Iowa : Union Historical Co.
Number of Pages: 1074