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 45
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384
HISTORY OF VAN BUREN COUNTY.
It has been found, by experiment, that but one of the canine species, the hound, has both the fleetness and courage to cope with his savage cousin, the wolf. Attempts were often made to capture him with the common cur; but this animal, as a rule, proved himself wholly unreliable for such a service. So long as the wolf would run, the cur would follow ; but the wolf, being appar- rently acquainted with the character of his pursuer, would either turn and place himself in a combative attitude, or else act upon the principle that "discretion is the better part of valor," and throw himself upon his back, in token of sur- render. This strategic performance would make instant peace between these two scions of the same house ; and not infrequently, dogs and wolves have been seen playing together like puppies. But the hound was never known to recog- nize a flag of truce : his baying seemed to signify " no quarter," or at least so the terrified wolf understood it.
Smaller animals, such as panthers, lynxes, wildcats, catamounts and pole- cats, were also sufficiently numerous to be troublesome. And an exceeding source of annyoance were the swarms of mosquitoes which aggravated the trials of the settlers in the most exasperating degree. Persons have been driven from the labors of the field by their unmerciful assaults.
THE COUNTY SEAT QUESTION.
Farmington had numerous rivals for the honor of being the county seat. For two years, or thereabouts, the archives were retained where placed by the orig- inal act ; but soon an effort was made in behalf of Rochester, Keosauqua and other points. The Legislature did pass a bill selecting Rochester as the future seat, but the Governor refused to approve of the act. Finally, the contest was ended by the adoption and approval of the following bill, in January, 1839 : AN ACT to relocate the County Seat of Van Buren County, and for other purposes.
SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That Benjamin F. Chastain, of Jefferson County, Michael H. Walker, of Lee County, and Stephen Gearheart, of Des Moines County, be and they are hereby appointed Commissioners to relocate the county seat of Van Buren County, whose duty it shall be to meet (or a majority of them) at the town of Keosauqua, in said county, on the first Monday ot May next, and proceed forthwith to locate a suitable place for the seat of justice of said county, having reference to the geographical center, convenience and welfare of said county.
SEC. 2. The Commissioners, or a majority of them, shall, within ten days after their meet- ing at the aforesaid place, make out and certify to the Clerk of the County Commissioners of Van Buren, under their hands and seals, a certificate containing a particular description of the situation of the location selected for the aforesaid county seat, together with the deed or deeds of any grant of land or lands, or bond or bonds for the payment of money, that may have been made by any individual or individuals for the benefit of the county.
SEC. 3. The Commissioners aforesaid shall, before they enter upon their duties, severally take and subscribe an oath before some person legally authorized to administer the same, viz. : " I, A. B., do solemnly swear [or affirm] that I am not, either directly or indirectly. interested in the location of the seat of justice of Van Buren County, nor do I own any property in lands or claims within the said county of Van Buren. So help me God."
SEC. 4. If it shall be shown at any time within one year that the said Commissioners, or any of them, received any present, gratuity, fee or reward, in any form other than that allowed by law, or, before the expiration of six months from the time said location was made, becomes interested in said town, or in any lands in its immediate vicinity, the Commissioner or Commis- sioners shall, upon conviction thereof, by indictment in the District Court of the county in which he or they may reside, be guilty of a high misdemeanor, and be forever after disqualified to vote at any election, or of holding any office of profit or trust within this Territory.
SEC. 5. It shall be the duty of the Commissioners aforesaid to receive, in the name of the Board of County Commissioners for the county of Van Buren, for the use of the county, any bond for the payment of money, or deed of land that may be made by any individual or indi- viduals for the purpose of building public buildings at the said seat of justice. And they shall receive the sum of $3.00 a day for their services during the time they may be necessarily employed in making said location ; and also the sum of $3.00 for every twenty miles, going from and returning to their respective homes.
385
HISTORY OF VAN BUREN COUNTY.
SEC. 6. The District Court of the county of Van Buren shall be held, for the first term after the passage of this act, at the town of Keosauqua, but forever thereafter at the place selected as the seat of justice for said county by the provisions of this act.
SEC. 7. The Commissioners created by this act shall receive pay for their services upon a presentation of a certificate to the County Commissioners of their services, signed by said Commissioners, ont of any money in the County Treasury not otherwise appropriated.
SEC. 8. Be it further enacted, That the proprietors of the town of Keosauqua shall, on or before the Ist day of April next, enter into good and sufficient bonds, with security to be approved of by the County Commissioners, to the County Treasurer, for the benefit of the said couuty, for the sum of $5,000, payable in town lots in the said town of Keosauqua, or other real estate, at a fair cash value, or cash, or such other materials as the County Commissioners may deem proper to receive, for the purpose of carrying on or completing the public buildings in said county.
SEC. 9. The payments to be divided into three equal parts, and paid annually in one, two and three years.
SEC. 10. Be it further enacted, That if the said proprietors shall enter into bonds, as pro- vided for in the eigthth section of this act, then this act to be null and void, otherwise to remain in full force and value.
Approved January 25, 1839.
The terms of the bill were complied with, and Keosauqua became and has ever since remained the seat of justice. Substantial county buildings were erected in 1839-40, as is shown by the abstract of the proceedings of the Board of Commissioners given elsewhere.
The apparent conflict of dates between the approval of the bill locating the seat at Keosauqua and the records of the Board, is explainable on the ground that the Board knew of the nature of the bill, and acted rather in anticipation of its approval by the Governor. It is a well-known fact that all bills are not signed immediately, through a pressure of business, but sometimes lie for days awaiting executive action, of which they are certain. The vote of the people had decided the question of location in 1838, and the passage of the bill was but a formality. Hence, when we read that the Board met at Keosauqua Jan- uary 7, 1839, while the bill was not approved until the 25th of that month, the inference is that the Board acted advisedly in anticipation of the Governor's approval.
THE COUNTY COMMISSIONERS.
The first Board of Commissioners met in Farmington. It was composed of the following members : John Bending, Isham Keith and Enoch P. Blackburn.
The first session was held May 4, 1837. The first work done was to elect the following officers : Recorder, William Welch ; Clerk, Enoch P. Blackburn ; Collector, Isaac J. Nowell ; Coroner, Roger N. Cresap ; Assessors, Giles O. Sullivan, William Nelson, William Judd ; Road Commissioners, Sanford Burling- ham, James Hall, Truelove Sparks ; Overseers of the Poor, Asbil Van Sivauk Robert McElhany ; Fence Viewers, John Newport, Charles Davis, William Duncan ; Poundmaster, Robert W. Magruder.
On June 17, 1838, the Board allowed " Lewis Alfrey $6 for guarding Isaac Hendershott while a prisoner," for the alleged murder of Nathaniel Knapp.
Among the records of the Supervisors is the following quaint piece of work bearing date of entry April, 1838. The ill-spelling and capitalization are as per copy :
KENTUCKY, CHRISTAIN County.
At the Solem Call of the Baptist Church of Christ Sinking Fork of Little River we have set apart and ordained our Beloved Brother William Bradley By the imposition of hand to Preach the Gospel and to administer the ordinancis agreeable to the Word of God Wherever his Lot is Cast.
Oct. 22, 1801.
FIELDING WOLF MICAJAH B. ROWLANG- Presbatry.
386
HISTORY OF VAN BUREN COUNTY.
Another is dedicated to " Micajah B. Rowland, May 25, 1801," and signed at " Kentucky, Caulwell Co. Fielding Woolf, James Rucker, Presbitry."
The first election ordered by the Board was August 7, 1838, for September 10, 1838, when one delegate to Congress, members of the Council and House of Representatives of the Legislature of Iowa Territory, one Coroner, one Treas- urer, three County Commissioners, one County Assessor, one Recorder and Constables of the county were to be chosen.
Meanwhile, a contest had arisen over the location of the county seat. Ben- tonsport, Pittsburg, Rochester, Keosauqua and perhaps, other points labored for the prize. The question became a political one.
The election referred to was held at Farmington, " agreeable to provisions of the Council and House of Representatives of the Territory of Wisconsin, passed June 22, 1838 ; the two places contending for the seat of justice of the county of Van Buren, or what was then the Territory of Wisconsin (now Iowa) being Bentonsport and Keosauqua (this being the name given to the towns of Van Buren and Des Moines City united), and at that election Keosauqua received a majority of the whole number of votes given by the people of said county as the seat of justice (county seat) thereof." The election returns were certified to by the Board January 9. It is claimed that Pittsburg also contended for the county seat at that time (Mr. Goddard thinks so). Bentonsport recently clam- ored for it.
On October 12, 1838, Maryland Jones, one of the Board, was empowered to take measures toward "securing to this county the quarter-section on which the seat of justice for said county is located, agreeable to an act of Congress, granting the right of pre-emption on said quarter to said county."
An adjournment was then taken until Monday, January 7, 1839, when the Board met at Keosauqua.
On Thursday, June 13, 1839, the Board authorized that lots be laid off on the county quarter and sold at auction, the proceeds of the sale to be applied toward the erection of public buildings ; the terms of the sale to be one-fourth cash, one-fourth in six monthis, one-fourth in twelve months and one-fourth in eighteen months.
Prior to this, a square building of hewed logs had served as the Jail, the Sheriff's portion being of frame, over which was located the District Court room.
The building, what remains of it, is now used as a wagon-shop.
The superintendency of the new Jail was given to William Stanley on August 7, 1839, and Henry King was the builder.
The contract for building the Court House was given to John Fairman and James Hall, with the understanding that it should be finished for $6,000, and within two years from June 1, 1840.
An auspicious event was that which was ushered in August 10, 1840, but the beginning of the end of which was not until 1846.
On the first date mentioned, the Board ordered that a vote be taken to ascer- tain whether a convention was desired by the people to discuss the question of admitting the Territory of Iowa into the Union as an independent State. The convention was called according to the necessary form of procedure, and dele- gates were sent to consult with the Members of Congress; but the scheme fell through on account of the non-acceptance by Congress of the proposition made- with regard to the boundary lines.
In 1841, Union, Hedvolante (now Des Moines), Lick Creek, Van Buren, Jackson, Farmington, Vernon, Washington, Chequest and Village Townships were created.
387
HISTORY OF VAN BUREN COUNTY.
The first reward offered for wolves' scalps was made in January, 1841. This law was rescinded February 11, 1841. Notwithstanding the latter action, Isaac Sutherland, as late as April 6, 1841, " was allowed $2 for two wolves' scalps, killed by him on or about the 20th of February, 1841," ten days after the repeal of the law.
An action of the Board, Wednesday, January 6, 1847, altered the boundary line of Lick Creek Township. The change affected the line so as to make it "extend from the east boundary south to the southeast corner of Section 1, in Van Buren Township; thence west along the line between Sections 1 and 12, until the said line intersected the left bank of the Des Moines River ; thence up the left bank of the said river to the point where the present southern bound- ary of Lick Creek Township intersected the said river. And further, that the portion of Van Buren Township included within the boundaries as above altered, be taken from said Van Buren Township and attached and made a part of Lick Creek Township."
The first record made of an inquest was May 14, 1856, when the body of an unknown child was found. The verdict of the jury was that the child came to its death through felonious means, a string having been tied about its neck. The jury was composed of John Douds, Daniel McCoy and Simeon Martin. Ambrose Fitzgerald was the Justice before whom the inquest was held.
EARLY CRIMINAL EVENTS.
The criminal record of Van Buren County is not burdened, either of early or late years-in fact, there is little to make a record from. - There have been but few high crimes. The first arrest made to compensate for the shedding of innocent blood, was that of Lithelus Gillespie, who was arraigned before the Court, the first of the April term, 1837, on the charge of manslaughter. The result of a trial was "we, the jury, find the prisoner not guilty." This was case No. 42 on the calendar.
Then came a case that caused a great deal of trouble, and finally wound up in smoke. In April, 1838, Isaac Hendershott was taken into custody on the charge of alleged murder. Read the summing-up of the grand jurors' report: " Isaac Hendershott, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 11th day of July, in the year of our Lord one thousand eight hundred and thirty-seven, at Colum- bus, upon one Nathaniel Knapp, feloniously, willfully, and of his malice afore- thought, did make an assault on the said Nathaniel Knapp (with a certain drawn sword made of iron and steel, of the value of 50 cents, which he, the said Isaac Hendershott, in both his hands then and there had and held), in and upon the left side of the body between the ribs of him, the said Nathaniel Knapp ; and then and there feloniously, willfully and of his malice aforethought did strike and thrust, giving the said Nathaniel Knapp, then and there, with the sword afore- said, in and upon the aforesaid Nathaniel Knapp, one mortal wound of the breadth of one inch and of the depth of six inches, of which mortal wound the said Nathaniel Knapp then and there instantly died."
The cause of the affray is said to have been a dispute which arose between the two men as to their sleeping apartments. Knapp made a sarcastic remark to which Hendershott took exceptions and the finale was as related. It is claimed, however, that the " sword " in question was a cane-sword, or piece of steel used in the head of a cane.
Hendershott escaped from prison and fled toward Mexico City, but when twenty-three miles west of Lexington, Mo., report says, he was taken sick and died.
388
HISTORY OF VAN BUREN COUNTY.
There was also tried a man named John G. Mccutchen, during November, 1838, term of the Court, the charge being that he was criminally guilty of de- stroying written instruments. He was adjudged guilty, and compelled to pay a fine of $30.
The first indictment found for larceny was against John G. McCutchen, John Burton and Stephen Baldwin, in April, 1839. The verdict of the Court was, as per entry on the docket, " Prosecution severed."
The first case of kidnapping was in 1839, when indictments for the alleged crime were found against Shapely P. Ross, Shapely Walkfork, Benjamin B. Throop and Giles O. Sullivan.
A number of indictments were found in those "by-gone" days against parties for selling liquor to the Indians.
Probably the most notable happening in the annals of Washington and Van Buren County crime, was in 1845; so, because the hissing ball that robbed a man of his blooming life came but a hair's-breadth of nipping the bud that the father held in his arms ; so, because in that instance the law would not allow outsiders to insult its dignity, and the consummation of the chilling crime came quickly by trial, judgment, sentence, the rope. And, inasmuch as this was the only execution ever effected in this county, the fact rightly claims a few lines in history.
The summer of 1845 was the date of the deed, the date in which a young man named William McColly, shot and instantly killed Mr. Don Ferdanand Coffman, who, with his wife, and carrying a child in his arms, was passing a cornfield. The crime was committed in Washington County, but a change of venue was taken and the case came up for a hearing in the Van Buren County Court, then being held at Keosauqua. The prisoner's plea of "not guilty " was, at his request, withdrawn, and he pleaded "guilty." Upon which the Court sentenced him to be hanged; which was done on Tuesday, the 13th day of May, 1845, in the jail-yard.
The difficulty grew out of domestic troubles. Coffman's wife and McColly had eloped together. Coffman had induced her to return ; at which McColly became offended.
LEGISLATIVE ENACTMENTS.
From the session laws of 1840-47, the following abstract of enactments is made, showing all of the essential bills passed which affected Van Buren County, or all of those not given in proper form in other portions of this volume :
January 17, 1840, a bill was approved by the Governor of the Territory of Iowa, providing for the settlement of the claim that Des Moines County had upon the counties of Lee, Van Buren, Henry, Slaughter (Washington), Louisa and Muscatine, in accordance with an act of the Legislature of Wisconsin Ter- ritory held at Belmont in 1836. The sentiment was based upon the assess- ment of property in the several newly-created counties.
The old Territorial road from Black Hawk, Louisa County, to the Missouri line, through Van Buren County, was relocated, or so much of it as lay between Bentonsport and the residence of James Robbs in Van Buren County. Syl- vester Henry, John B. Smith and James A. Brown, Commissioners. Approved January 15, 1841.
An act approved January 15, 1841, changed the name of Rising Sun to Pittsburg. The town was surveyed by Uriah Biggs. By a special act, approved February 17, 1842, that part of the plat " above the mouth of Chequest Creek, known as Clayton's Addition," was also changed in name to agree with the main płat.
389
HISTORY OF VAN BUREN COUNTY.
A Territorial road was relocated in July, 1841, from Keosauqua via Rising Sun (Pittsburg) and Philadelphia, to Fairfield, Jefferson County, or so much as passed through the estate of James F. Westcott. William D. McBride, Elijah Purdom, Sr., and Sewall Kenney, Commissioners.
An act, approved January 28, 1842, reads :
Be it enacted, etc., That the County Commissioners of Van Buren County be, and they are hereby authorized and directed, to grant a license to Jesse Wright and Henry Bateman, of said county, for the term of five years, to keep a ferry across the Des Moines River, opposite Water- town ; provided, said Wright and Bateman shall, in all cases, be subject to the laws regulating ferries in this Territory.
The bill expressly provided that this act should not interfere with L. P. Harris' right to obtain a similar license at any time.
February 2, 1842, a Territorial road from Keosauqua to the southern boundary of the Territory, via Hale's bridge, on Fox River, and a quarter of a mile north of William Wooden's, on the Wyaconda, was established. John Cantrel, William Cassady and William Brooks, of Van Buren County, Com- missioners.
The road from the southeast corner of Section 7, Town 27, Range 8 west, to Keosauqua, ordered July, 1841, was authorized by special act, January 3, 1843, to be established by the County Commissioners of Van Buren County.
February 6, 1843, the Judge of Probate of Van Buren County was author- ized to have the records of his office retranscribed, or so much of them as were written prior to August, 1841.
A Territorial road was established from the north boundary of Missouri, at the southwest corner of Section 9, Town 67 north, Range 8 west; thence west to southeast corner of Section 36, Town 68, Range 9; thence west eighty rods : thence to James Burns' smith-shop; thence the shortest and best route to Keo- sauqua. Charles Dailey and Thomas Cox, Commissioners. Samuel Gilland. Surveyor.
February 13, 1843, a Territorial road was established from Birmingham, via the Colony in Jefferson County, to Indian Agency. William Shepherd, Rob- ert Rutlidge and John I. Mudget, Commissioners.
In 1843, that part of the road from Fort Madison, Lee County, to Iowa- ville, between Hiram Holmes' and the latter place, was resurveyed by E. A. Boyer, John Saylor and William Meacham.
The Farmington Insurance Company was incorporated February 17, 1842, with a capital of not less than $50,000, nor more than $500,000, on the stock plan. Jonas Houghton, Isaac A. Le Fever, Jesse Wright, Lawrence Scott and Solomon Beckley were designated Commissioners to open the stock subscription- books. The Company was empowered to write all varieties of risks, on sea or land, loan money at not more than 10 per cent interest, and re-insure their risks, as is customary. The business was placed under the management of a Board of Directors, consisting of five. In short, the Company was a regularly organized and full-fledged concern.
By an act approved February 17, 1842, all that tract of land recorded by James Hall & Co. as the town of Keosauqua, and described as the northwest quarter of Section 36, Town 69, Range 10, was duly incorporated as the "City of Keosauqua." It was the usual incorporating act, defining the powers of the Mayor and Councilmen.
By an act approved December 19, 1843. John Godard and Jesse Wright, of Van Buren County, and Van Caldwell, of Wapello County, were appointed Commissioners to locate a Territorial road from Farmington, via Hartford,
E
390
HISTORY OF VAN BUREN COUNTY.
Green's mill and Wood's mill to " Autumwa " (the old way of spelling the name). The Commissioners were ordered to meet at Farmington on the first Tuesday in April, of that year, and were duly cautioned as to observing the best interests of the settlers in the two counties.
A special act, approved January 25, 1844, ordered the County Commis- sioners of Van Buren to allow Thomas Summerlin, Collector for said county, "such time as they may deem reasonable for said Collector to make return of the tax-list of said county, placed in his hands for collection, for the year 1843, provided that the time did not extend beyond January 1, 1845." The Board was authorized to postpone the sale of lands or lots in the county, for delinquent taxes of 1843, not to extend beyond the first Monday in December, 1844. The act also provided for the Board's fixing the date of the tax sales for that year.
February 5, 1844, Robert Merchant and Levin N. English, of Davis County, and James Jordan, of Van Buren County, were appointed Commissioners to locate a Territorial road from Iowaville, on the Des Moines River, "to a point on the line of the State of Missouri, where the Mormon trace erosses said line." The Commissioners met at Iowaville on the first Monday in May, 1844. The road was ordered to be laid out " via the residences of William Wooden and L. N. English."
February 7, 1844, James Hall, of Van Buren, William Ingersoll, of Jefferson, and Jacob Marshall, of Wapello, were appointed Commissioners to lay out a Territorial road from Iowaville to Autumwa. They were ordered to meet on the first Monday in May, of that year.
February 13, 1844, John Godden, Samuel Clark, John Groom, Archibald McDonald and P. M. Janney were given two years additional time in which to- construct a dam and lock at Pittsburg across the Des Moines River.
February 14, 1844, Samuel Morton, St. Clair Griffin and John Arrowsmith, of Van Buren County, were appointed Commissioners to locate a Territorial road from Keosauqua to the county seat of Davis County ; thence to the county seat of Appanoose County, or as near the center of that county as practicable ; thence to the west line of that county. The Commissioners were ordered to meet at the house of Solomon Richardson on the first Monday in June, and begin the road at his place. The road already established out of Keosauqua, via Ely's Ford, on the Des Moines River, between Keosauqua and Richardson's, was to form that portion of the new road.
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