USA > Iowa > Van Buren County > The history of Van Buren County, Iowa, containing a history of the county, its cities, towns, &c, a biographical directory of citizens, war record of its volunteers in the late rebellion, general and local statistics history of the Northwest, history of Iowa &c > Part 41
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TIIE FIRST DEATH.
The first death in the county occurred near Farmington, but the exact date is not obtainable. It was, probably, as early as 1833. A man named Williams, a stranger, whose Christian name is unknown, was traveling through on horseback. He was prostrated with fever and died. He was buried in a rough puncheon box.
THE FIRST MARRIAGE.
The first marriage license recorded, and the first that was celebrated in the county, so far as any reliable data shows, was that of Norris Steier and Lethe M. Reed; married June 15, 1837, by Samuel C. Reed, Justice of the Peace.
ANECDOTES OF THE TRADING-POSTS.
As incidental to the settlement of the region, we quote from Maj. Beach's history of the Agency such portions as refer to well-known settlers in Van Bu- ren and the Indian territory immediately adjacent thereto :
" On the Des Moines, a mile or so below the County Farm, where the bluff approaches nearest to the bank, was the trading-post of P. Chouteau, Sr., & Co., but later more familiarly known as the 'Old Garrison.' This was usually superintended by Capt. William Phelps. And just above the mouth of Sugar Creck, on the creck-bank, at the old road crossing, lived the miller, Jeremiah Smith, Jr., with his family. This embraced all the whites lawfully living in the country at the time.
" Through some unfortunate misunderstanding in regard to the boundary line, several persons had intruded upon the Indian land upon the Iowaville bottom, and the ridges in the rear, as well as upon the south side of the river, and as the Indians made complaint to the Government, it had no alternative but to remove them. This duty fell upon the writer to execute, and was a very unwelcome one, if only for the reason that several of the intruders were per-
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sons who would not willingly have violated any law. Among them was that fine old specimen of West Virginia hospitality, Van Caldwell ; but by reason of his location, and his readiness by any reasonable arrangement to escape the terrors of fire and sword, the writer obtained permission from the Department that he should remain, upon the condition of his maintaining a ferry for access to Soap Creek Mills during high water.
" For some years previously to the writer's appointment as Agent, Messrs. P. Chouteau Jr. & Co., of St. Louis, had been the only traders among the Sacs and Foxes, and the magnitude of their interests was enough to excite any rivalry. Col. George Davenport, of Rock Island, had been admitted as partner to their trade with that particular tribe, and he was looked to to reside among them and to carry it on. S. S. Phelps, Esq., of Oquawka, in connection with his brother, Capt. William Phelps, of jovial memory, had been gaining a foot- hold on trade for two, three, or perhaps, four years before the treaties of 1836 and 1837, and, after the removal of the Agency from the island, and its conse- quent effect of rendering a change in the location of the chief trading-post inevitable, Col. Davenport, who had already acquired a comfortable fortune, concluded to withdraw. Mr. S. S. Phelps fell into the position thus made vacant in the company, although he relied upon his brother to reside in the In- dian country and maintain personal oversight of the company's affairs. A new trader now appeared in the field, with at least means enough to prevent the old company from being its monopolists. Of course, rivalry of feeling and interest would now spring up, and every occasion be employed by each rival to gain and secure what advantage he could. The writer is not intimating any idea of his own that any unfair or dishonorable appliances would be used by the gentlemen heads respectively of the rival establishments ; but their employes, or others hoping advantage to themselves in the success of either party, might be less scrupulous.
"It was probably through some such strategy that Gov. Lucas became im- pressed with the most sincere conviction that the Chouteau Company supplied whisky, with their other merchandise, to the Indians, and a conviction once fixed with the Governor was pretty apt to stay. So persuaded was he of the truth of his belief, that he was never disposed to the least reticence upon the subject; and it was generally believed in Burlington that if the Trading Com- pany could be caught, flagrante delicto, it would prove a pretty good haul for the catcher-certainly not less than the transfer to his own pocket of the half value of a large stock of goods.
" As the writer soon saw that any effort of his own, however reasonable, to lead the Governor to a different opinion was opening the way to suspicions against himself of some personal interest in the company's affairs, prudence naturally admonished him to desist. One morning, Mr. S. S. Phelps, to whom the Governor's belief-and propensity to express it-was no secret, being in Burlington, stepped into a place where the Governorhappened at the moment to be engaged in his favorite pastime of denouncingMr. Chouteau's establish- ment, etc., and the Governor, totally unacquainted with Mr. Phelps, still kept up in his presence his conversation on the subject.
"Now, if there was anything Capt. Billy Phelps loved better than another, it was to play off a trick; or if anything he knew better than another, it was how to plan and play it. The company had on its license a man named Simp- son Vassar, who was better known at the Agency and its various dependencies under the sobriquet of 'Suggs.' When any deviltry lurked in Capt. Billy's mind, 'Capt. Suggs' was his most reliable assistant in getting rid of it. So a
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scheme was planned. Suggs was sent over on pretext of some message to Phelps, at Oquawka, with instructions not to leave Burlington until he had exc- cuted his part of the programme.
" A person, who was either the City Marshal or attached to his official reti- nue, soon heard of Suggs in Burlington, and became so ambitious of his acquaintance as to introduce himself without delay. He learned from Suggs that the latter lived out in the Agency neighborhood ; that he knew the Trading Company, in fact, sometimes worked for them when an extra force was needed -clever people : good paymasters, with the cash always in hand; knew noth- ing of their dealing in whisky ; had never seen them supply it to the Indians ; and, even if he had, as he had heard they were accused of it, a dollar, when needed, was not so easily made out there that a man could afford to make ene- mies out of good-paying employers ! After several interviews, Suggs embarked upon the ferry-boat. But his newly-made friend was not long in joining him, and during the crossing Suggs yielded to the potent arguments and promises that had already shaken his sense of personal honor and interest. He admit- ted that he had seen a large lot of kegs, and these not empty, landed by night at the trading-house from a boat, not long before, and immediately buried upon the bank, where most of them were; and if he could be guaranteed against suspicion as the informer, and terms arranged to suit-as he expected to remain about the place some time after his return-he would put his friend upon the right track. The boat having landed them, and all details being ad- justed, each party went on his way rejoicing-Suggs' way being to Oquawka, and at once back to the trading-house to report to Capt. Phelps.
" Not many days later, an hour or so before dinner time, Col. Jesse Will- iams-later of HIenn, Williams & Co., of Fairfield, but then Private Secretary to Gov. Lucas-rode up to the Agency. Being doubtless himself disposed (as indeed the Agency hospitality would suggest) to consider that an expedition which would demand a three-mile ride and several hours of time, could be more satisfactorily completed as a post-prandial duty, he made no mention of his business. But as soon as the meal was over, he handed to the Agent a pack- age from the Governor, containing a deposition in full form, taken before Judge Mason, of the Territorial Supreme Court, by Suggs' Burlington friend, to the effect that so many kegs of whisky, etc., etc., and were then secreted, etc., etc., in violation of the statute, etc .. by the said P. Choutean Jr.'s Company, traders, etc., as aforesaid. And there was also a line to the Agent, that, in the execution of so delicate a duty, which must involve judicial process, he had deemed it best to send out Col. Williams to assist the Agent. Whatever the motive may have been, it is certain that until both were in their saddles, Col. Williams proved himself able to watch the Agent with untiring eye.
" Reaching the trading-house, the person who took the deposition and a companion were found there waiting, they having 'forked off' by another trail so as not to be seen. Suggs was on hand, having taken the opportunity to post the Burlingtonians about the locality. And also Capt. Billy Phelps, called by the Indians Che-che-pe-qua, or the ' Winking Eves,' was there, those visuals fairly gleaming with joy over the anticipated fun.
" The Agent proceeded at once to business, expressing to Capt. Phelps his regret that so unpleasant a duty should have devolved upon him ; his hope that it would prove that so serious a complaint had originated in some error, but sug- gesting that, if true, admission of the fact and production of the contraband article would be more apt to temper subsequent proceedings with leniency than efforts to conceal it would do. The Captain vehemently denied the impeach-
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ment, stating that it would require a much wiser man than himself to discover where such an article then was, or ever had been kept upon their premises. The complainant was now appealed to, who led the party a short distance to a spot where, with a triumphant air, he pointed to an X that the edge of Suggs' boot- sole had made in the sandy bank.
" They began digging, and soon reached some matting that was removed, and thus uncovered a lot of lard kegs, too greasy to suggest a thought of any other article being contained within them. The immediate 'sold, by thunder !' of one of the moiety gentlemen. and in accents too lugubrious to be listened to with- out exciting a sense of sadness. Suggs. meanwhile, had come up missing, and the ' Winking Eyes' walked off with a most disdainful air, leaving the Agent and his party on the spot, whence thev soon returned to the Agency, where the Agent made his report that the informer had pointed out a place, where, by digging, a large quantity of lard in kegs was found that had been buried to avoid loss by heat, and in the night to conceal the fact from vagabond whites and Indians. The disappointed informer and his companion hastened home- ward ; but Col. Williams remained until next morning, and then returned. bear- ing the Agent's report.
" But the unkindest cut of all was six months later, when, about the last of February, Capt. Phelps addressed a letter to Gov. Lucas in the most respectful and official form, saying, that having heard he had declared his determination not to continue in office under such an old Tory as Gen. Harrison, and fearful that whoever his successor would be, he might not feel so friendly toward the company as he had proved in the matter of exhuming their lard, and as they : would soon be much in need of some, and the ground was then very hard frozen, the company would be under great obligations if he would at once send some one out to dig up the rest of it.
" Previous to the treaty of 1842, some few changes were made in their location, both by the Indians and among the whites. The house at the . Old Garrison ' was broken up, and one established in its stead up in the Red Rock region, near the mouth of White Breast ; and Keokuk, also, moved his village into the same neighborhood."
ORGANIZATION OF THE COUNTY.
The successive steps of organization which led to the independent division of Van Buren as a county may be summarized thus : Originally. this vast area was included in the Louisiana Purchase, approved by Congress in 1803. In 1807, Iowa was included in the Territory of Illinois ; in 1812, in the Territory of Missouri ; in 1834, the Black Hawk Purchase having been made, all of the territory west of the Mississippi and north of the northern boundary of Mis- souri was made a part of the Territory of Michigan. In September, 1834, the Legislature of Michigan established two precincts, or counties, in Iowa, as it is now called. These counties were Dubuque, including all territory north of a line drawn westward from the foot of Rock Island, and Des Moines, including all territory south of that dividing line. The Territory of Wisconsin was organized in 1836, and Iowa was a part of that political division. The third act of the first Legislature of the Territory of Wisconsin, which met in Octo- ber, 1836, at Belmont, was an act dividing Des Moines County into Lee, Van Buren, Des Moines, Henry, Louisa and Muscatine Counties. The limits of Van Buren, then the most westerly district, were not defined on the west, but
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extended, as was the custom, to the farthest boundary of the territory possessed by the United States. Henry, Louisa and Muscatine Counties were each thus unbounded within lines drawn from their northern and southern extremities.
Farmington was fixed upon as the county seat of Van Buren County. The Representatives from Southern Iowa at this Legislature were : Council, Jeremiah Smith, Joseph B. Teas and Arthur B. Ingram ; House, Isaac Leff- ler, Thomas Bean, Warner L. Jenkins, John Box, George W. Teas, Eli Rey- nolds and Daniel R. Chance.
THE FIRST COURT.
The first court was held at Farmington, beginning April 10, 1837, with Hon. David Irvin on the Bench. Henry G. Stewart was appointed Clerk, but was succeeded by Fry B. Hazletine, and he, in turn, by Elisha Cutter, Jr There was a grand jury, but no petit jury. The former was composed of the following men : Isham Keith, Foreman, Alexander Keith, Samuel Clayton, Elijah Purdon, Sr., John Whittaker, Joseph Hill, Charles H. Price, James Smart, Abington Johnson, Jonas F. Denny, William Jordon, Obediah Cook, William Judd, Thomas Summerlin, John Moffatt, A. V. Syhawk, J. G. Mc- Cutchen, William Brattain, Sr., Abel Galland, John Crow, Lewis Crow, Joseph A. Swazey and John Patchett. This grand jury found an indictment against one Doose, for exercising the office of Constable within our territory under the laws of Missouri ; and in this it is believed we have the first judicial assertion of jurisdiction over a territory afterward the theater of a most bloodless war, and yet fraught with the very greatest results and importance to this and every part of the State.
Isaac J. Nowell, who was among the first, if not the first, settler on Indian Creek, was the officer who, as Sheriff, first opened our courts and arrested those violating the law. Isaac carried no sword or other insignia of office, but he had a well-tanned and closely-fitting suit of buckskin, which was quite as much a terror to all evil-doers and those not having the fear of the law before their eyes as the heaviest baton or loudest or most formal proclamation of " God save the Court." He was succeeded by Henry Heffleman, and he by that acknowl- edged prince of good men, Capt. J. H. Bonney-who still lives, believing in acting as he has through life, upon the elevating maxim that " it is more blessed to give than receive."
The second term was held at the same place, commencing April 14, 1838, and a petit jury impaneled to try a member of the first grand jury, who, at the first term, was indicted for house breaking. The members of this jury were Thomas L. Pickett, William Minear, Thomas Keith, B. F. Anderson, James Sanders, Leonard Whitcomb, William Williams, John Newport, Henry Hamp- ton, Charles Graves, H. D. Swazey and Robert Ewing.
The member of the legal profession who first settled in the county was H. H. Buckland. He was from New England-settled in Bentonsport, and, after remaining a year or more, returned to his former home. Isaac N. Lewis, sub- sequently a member of the Third Territorial Legislature (he was also a member of the Fifth), was the second. He was the first attorney admitted to practice (November 12, 1838) in the county. Following him and very soon were S. W. Summers, Richard Humphreys and Oliver Weld, who died in October, 1843. He was Judge Wright's partner at the time of his death. He was an honest man, and in his death the State lost a citizen of rare ability, the profession a sound lawyer, and society one of big heart, and, if eccentric, as able as eccentric.
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HISTORY OF VAN BUREN COUNTY.
The record of the court held at Farmington shows that, in April, 1837, Samuel McBrice was granted a license to keep a ferry across the Des Moines, at that place, for one year.
The first case of record was that of Simeon Rider (or Ryder) and Charles L. Frost, of Alton, Ill., doing business as merchants, under the firm name of S. Rider & Co. vs. Achemiah Barber. Action for debt. Judgment for plain- tiff for the sum of $2,232.50.
There were four assault and battery, two gaming, one house-breaking, three debt and one attachment suits on the docket, and also a petition for prohibition. There were eight indictments and five suits commenced.
The first petit jury was impaneled at the April term of court, 1838. and was composed of Henry King, John Maxwell, W. Job, Robert Kent, Lucius Lee, Uriel Neal, John Kennedy, Hiram Brown, William Matthews, John Browning, Martin A. Britton, Noah Franklin, William Welch, R. N. Cresap, H. D. Swazey, V. F. Jones, A. Mahnrou, R. Jordan, A. Galland and Jacob Crow.
John Crow was naturalized at this term, the first foreigner to assume such relations in the county. He was a subject of Great Britain.
FIRST MILITIA.
By referring to the records of the Secretary of State, I find that on the 9th of January, 1830, Gen. E. A. M. Swazey was appointed Brigadier General of the First Brigade, First Division of the Territorial Militia. Many of you remember the times and scenes when, on the Utica Prairie, the General, with Col. Giles Wells, Maj. Henry King, Capt. Finess Killebrew, and other officers marshaled their forces, and had those remarkable and most imposing regimental trainings.
On the 18th of the same month, the Governor appointed the following Jus- tices of the Peace for the county : Wilson Stanley, Sewall Kenney, John Coch- ran, Thomas J. Cox, David Tade, James Robb, Silas Stone, James Moffett, James E. Rickey, John Whittaker, John Groom, Robert Gardner, Benjamin B. Throop, Martin A. Britton, William Kendrick, Samuel C. Reed, George Reynolds, William Miller, Jesse Sutton, Alexander Woods, Joel Knight, David Casebar, John Marshall, Bushrod W. Cravens and John Taylor.
FIRST RECORDS.
The first Recorder was William Welch, and the first instrument of record in that office is a " quitclaim " deed, from William Clift, dated February 23, 1837, to Joseph A. Swazey and Vincent M. Jones, the consideration $350-premises on Des Moines River, between the claims of E. A. M. and H. D. Swazey and T. A. Martin, as is inferred from subsequent knowledge of the parties, near Farmington ; but there is nothing in the deed to indicate definitely either the location or the size of the premises. This deed was filed for record March 20, 1837, and witnessed by E. A. M. Swazey and H. King. The oldest instru- ment in date of record, however, is a bond from J. T. Holmes and Henry Bateman to John Crow, dated August 25, 1836, and filed for record November 6, 1837, for Lot 5, Block 3, Farmington. This was before the land sales ; for Farmington, it is proper to say, like many of the towns of the West, was laid out, lots sold, and improvements made long before the Government title was obtained. With faith in the Government, full of enterprise and "goaheadative- ness," with a spirit adventure and pluck, fortunes were made and lost on mere promises and hope; and thus the pioneers of this rich valley and the West gen-
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erally invited emigrants, and rapidly developed its resources. It will be found that the first warranty deed of record is for lots in Pittsburg, from Abiathar Buck, Williams and wife, and John Groom and wife, to Lemuel Mussetter, while the oldest deed of the kind is from David Taylor to Edward Nance, for twenty acres, in Section 32, Township 69, Range 8 (Harrisburg), dated Novem- ber 22, 1838. Abram Foster made the first entry of land, his entry being October 2, 1838 (ninety-seven acres, in Section 6, Township 69, Range 10- Van Buren), and he was followed on the 5th of October, 1838, by Robert J. Sturdivant, of 160 acres, in Section 35, Township 69, Range 8-Harrisburg.
During the same month (October, 1838), James F. Westcott entered the quarter section adjoining Keosauqua, which to this day is known as the West- cott quarter. James Bell made his entry of his farm in Washington Township the same month. When he crossed the Des Moines River at Keosauqua, a few months before with his family, he borrowed money from Capt. James Hall to pay his ferriage, and he thus reached his claim without a cent in money, but with pluck and courage that carried him through. James N. Mccutchen, Thomas Anson, Peter Gillis and Thomas Beer bought their lands in this township the same month.
In Cedar Township, Samuel Huddleston; in Union, John M. Whittaker ; in Farmington, Richard Cave, William Williams, James Rhodes, John New- port ; in Vernon, Alexander Davis (whose wife hauled the rails with one horse to fence the improvement, while he split them), Nahum Sargent ; in Des Moines, Delaney Dillingham; in Jackson, William and Jonathan McClure, William Brooks, Martin Tate, George Reynolds and John Cantrel ; in Village, Riley Gilbert and John D. Walker ; in Lick Creek, William S. Whittaker and Hiram Hill ; in Chequest, Stiles S. Carpenter, Sylvester Riley and Asheel Lane, made among the first entries.
OFFICIAL ROSTER OF THE COUNTY.
Appended is a roster of the officers who have held places of trust under the State and county, from Van Buren County :
Representatives in United States Congress .- 1855-57-Augustus Hall, Keosauqua ; George W. McCrary, formerly of Van Buren.
United States Senator .- George G. Wright, from 1871 to 1877.
Chief Justice Supreme Court of Iowa .- George G. Wright.
Representatives in Third Constitutional Convention .- 1857, Squire Ayers, Timothy Day.
Representatives in the Legislature .- Senate-1846-48, John M. Whitaker, Jolın F. Sanford ; 1848-49, John F. Sanford, George G. Wright; 1850-51, George G. Wright, John B. Spees ; 1852-53, John B. Spees, George Schramm ; 1854-56, George Schramm, A. H. McCrary ; 1856-57, David T. Brigham, A. H. MeCrary ; 1858, David T. Brigham, Gideon S. Bailey ; 1860-61, Gideon S. Bailey ; 1862-64, A. H. Mccrary ; 1866, Eliab Doud ; 1868, Jacob G. Vale; 1873, James B. Pease. House-1846-48, George Montague, Anderson McPherrin, Dudley Hardy, R. B. Willoughby ; 1848-49, John Alexander, J. W. McManaman, A. H. MeCrary, Willard Elmer ; 1850-51, A. H. McCrary, George C. Allender, C. G. Dibble ; 1852-53, Anderson McPherrin, Lewis Fordyce, Jacob Ream, Robert Russell ; 1854-56, George N. Rosser, Joseph Barker, Robert Meek, Henry Weatherington ; 1856-57, David Doud, Jr., R. H. McDow, Dudley Harvey ; 1858, Squire Ayers, J. J. Cassady ; 1860-61. John M. Whitaker, Henry Clay Caldwell ; 1862, George Schramm, Joshua Glanville; 1864, W. C. Garrett, J. W.
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HISTORY OF VAN BUREN COUNTY.
Latham ; 1866, Joel Brown, Jonathan Thatcher; 1868, Joel Brown, Seth Craig ; 1870, Joel Brown, George N. Rosser ; 1872, Samuel Whitten, John R. Wright; 1874, Joseph Work ; 1876, Thomas Christy ; 1878, Oliver Hazard, Perry Scott.
District Judges .- The first appointment of District Judge was under the Territorial law. Hon. David Irvin was the first to serve, in 1838. He appointed Henry G. Stewart as Clerk.
Charles Mason succeeded Judge Irvin and served until 1847. Stewart acted as Clerk until the appointment of Frye B. Hazeltine. Elisha Cutler, Jr., also acted as Clerk. This ended the Territorial District Judgeship, and in the spring of 1847, Cyrus Olney was elected. He resigned in the spring of 1851, and Judge Joseph C. Knapp was appointed to fill the vacancy, which he did until the election of William H. Scevers in 1852. In the fall of 1856, Seevers resigned and Caleb Baldwin was appointed to fill the vacancy. In the spring of 1856, H. B. Hendershott was elected, and, owing to a change in the limits of the district, his term expired in the winter of 1859, when John S. Townsend became Judge of this district.
The following, therefore, would be the roster from the beginning down to the present : 1838, David Irvin; 1839, Charles Mason ; 1847. Cyrus Olney ; 1851, Joseph C. Knapp; 1852, William H. Seevers ; 1856. Caleb Baldwin ; 1856, H. B. Hendershott ; 1859, John S. Townsend; 1863, Henry H. Trimble; 1867, Harvey Tannehill ; 1871, Morris J. Williams; 1875, Joseph C. Knapp ; 1879, E. L. Burton.
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