USA > Iowa > Washington County > The history of Washington County, Iowa, its cities, towns, and c., a biographical directory of its citizens > Part 44
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344
HISTORY OF WASHINGTON COUNTY.
who was there at the time and who still resides in the county, it appears that the court was held on the farm of David Goble. As before men- tioned, Mr. Goble had a double log house, in one room of which the records were kept and the writing was done. The sessions of the court were held under some trees north of the house and the grand jury sat on a log in a neighboring slongh.
Thomas Baker was appointed clerk of the court; he gave a bond of $2,000 for the faithful discharge of his duties, with Nelson Ball and David Goble as sureties. The United States Marshal is not mentioned in the records, although he seems to have been present and summoned the jury. A temporary seal was ordered, an impression of which appears on record and was taken from an old styled ten cent piece. No indictments were found and no case contested. After ordering allowance for one day's ser- vices to the officers and jury the court adjourned until the next term.
On the 22d of October, 1838, the second term of court ~~ inder a
proclamation of the Governor, by Joseph Williams, judg- inted Thomas Baker clerk. G. A. Hendray, deputy marshal was present, and the record says, "No person appearing, either parties, attorneys or jurors," the court was adjourned till the next term. This term of court \ held in
and for the county of Slaughter and the "next, term" to which . s ad- journed never was held, for the reason that by the act of the i. 'itorial legislature, which met the following winter, Slanghter county was legis- lated out of existence and in its stead was formed the county 0: Wash- ington.
The act organizing Washington county provided for the selection of a seat of justice by a commission of three persons. These persons, as before mentioned, were John Gilliland, of Louisa county, Thomas Ritchey, of Henry county, and William Chambers, of Muscatine county.
On the 1st day of June two of these commissioners, viz .: Gilliland and Ritchey met at Astoria, according to the provisions of the legislative act and having been sworn, as required by said act, proceeded to select a loca- tion for the seat of justice. They made a tour of the county and carefully examined the locations proposed by various parties. As has proved to be invariably the case in the solution of such questions, several locations were suggested, and the friends of each were prepared with arguments in favor of their own favorite site. Taking into consideration whatever weight justly attached to these arguments, and guided by their own individual prefer- ences, it is not at all remarkable that these two gentlemen did not agree when they began to compare notes and undertook to make a decision. Mr. Gilliland favored a location at the geographical center of the county and the site where he wished to locate the county-seat was one mile northwest of Washington, and Mr. Ritchey fixed upon a location about one mile southeast of the place where the county-seat was finally located. Neither was disposed to surrender his position and for a time it was feared that the seat of justice would remain in the the eastern part of the county, for by the terms of the legislative act it was ordered that the county-seat should remain at Astoria until a new location was fixed upon by the commis- sioners. Finally a compromise was effected and the present site of Wash- ington agreed upon.
The site for a county-seat having been officially selected, it now remained to enter the land, survey and plat the town site, and order a sale of lots. This duty devolved upon the old board of county commissioners. Under
345
HISTORY OF WASHINGTON COUNTY.
the old organization, Joseph Neal and Joseph B. Davis constituted this board and they held the first meeting on May 5, 1839, at the house of Richard Moore, about four miles southeast of Washington. Among the first acts of the board was an order dividing the county into election pre- cincts. The precincts thus formed were as follows:
First. East Fork, townships 74 and 75 of range 6; elections to be held at the house of John W. Neal.
Second. Crooked Creek, township 74, range 7; elections to be held at the house of Milo Holcomb.
Third. Skunk River, all the country south of Skunk river; elections to be held at the house of Orson Kinsman.
Fourth. Walnut Creek, the country included between Skunk river and the centre of the prairie between said river and the west fork of Crooked creek; elections to be held at the house of Robert Risk.
Fifth. Washington, the county included between the centre of the prairie between Skunk river and the west fork of Crooked Creek, and the centre of the prairie between the west fork aforesaid and English river; elections to be held at Washington.
Sixth. English River, the country between the northern boundary of said county and the centre of the prairie between the waters of English river and Iowa and the waters of Crooked creek; elections to be held at the house of Simon P. Teeple.
The boundaries prescribed were rather indefinite, but as most of the people in the county had settled along the streams of water, the " middle of the prairie " was a convenient and probably as definite a boundary line as could have been selected.
The regular time for holding Territorial and county elections was the first Monday in August, and consequently the first officers to serve under the new organization were elected the following August. John Buckhanon, William Mire, Colwell Neil, M. Moorhead, Asa Webster, John Neil, Joel Long, John Brier, Joseph Neal, Jesse Hiatt, John Wassan, R. B. Davis, John O'Laughlin, L. A. Houston, Isaac Waldrip, Jeremiah Grant, Abraham Owen, Cyrus Cox, Thomas Houston, Wesley Rumble, Joel P. Blair, John W. Houston, C. D. Haskell, John W. Neil and James Reed, were appointed and served as judges and clerks of the election, and each was allowed one dollar for his services.
At this election Nathan Baker was elected probate judge, David Goble treasurer, Reuben Hiatt coroner, J. B. Davis, surveyor, Richard Moore, Simon P. Teeple and Morgan Hart members of the board of county com- missioners.
LOCATION OF THE COUNTY-SEAT.
The board of commissioners chosen at this election met on the 15th day of August, and, after being qualified, proceeded to business. The first offi- cial action claiming their attention was in reference to the new county-seat. The following is a copy of the first order on that subject:
Ordered, That the seat of justice of the county of Washington, which was located on the southwest quarter of section 17, township 75, range 7, by Thomas Ritchey and John Gilliland, who were duly appointed commissioners for that purpose by the legislative assembly of the Territory, be known and designated by the name of Washington.
The land upon which was located the site for the new county-seat was a
346
HISTORY OF WASHINGTON COUNTY.
part of the claim of Nathan Baker, and had not yet been entered; conse- quently it was necessary to secure the right of Baker's claim and enter the land at the Land-Office. It does not appear that Baker received anything for his claim, and as he could well afford to relinquish part of his claim in order to have the county-seat located at that place, he probably made no demand for compensation. The commissioners, at a subsequent meeting, ordered the land to be entered; and the record says that it was entered by Simon P. Teeple and Richard Moore, commissioners of Washington county, October 15, 1839.
The commissioners also ordered the clerk of the board to advertise a sale of lots in Washington on Monday, August 19, 1839, to continue two days, if necessary, upon the following conditions: One-eighth cash in hand, the remainder in three equal payments in six, twelve and eighteen months, and to employ a surveyor to survey and plat the town. In accordance with the provisions of this order the clerk employed J. M. Snyder, who, assisted by Caldwell Neil, Thomas M. Neil, William Basey and Nathan Baker, subdi- vided the town site into blocks and lots. Upon the day specified Joseph Patterson, as crier, offered lots for sale on the following conditions :
First. The commissioners of the county shall place an estimated price on each and every lot offered for sale, which shall be considered the bid of the county.
Second. The highest bidder shall be considered the purchaser by paying one-eighth cash down and the remainder in three equal installments pay- able in six, twelve and eighteen months, for which notes shall be required.
Third. Bonds will be given for a general warranty deed, officially exe- cuted, and bearing date August 19, 1839.
At this sale twenty-four lots were sold at an average price of $38.15- amounting in all to $915.50.
The following is a list of the lots sold, with names of purchaser and the price paid for each :
PRICE.
Lot 1, block 17. Nathan Baker
$54 00
Lot 5, block 14. Joseph Rogers. .
40 00
Lot 4, block 14. Joseph Patterson 40 00
Lot 8, block 8. Jeremiah Buford
72 00
Lot 3, block 12. George H. Stone. 25 00
Lot 6, block 12. Theodore Teeple
30 00
Lot 7, block 12. William Conner
51 00
Lot 4, block 19. John Duke. 50 00
Lot 3, block 18. William Ayers 42 00
Lot 2, block 18. Richard Moore. 45 00
Lot 1, block 16. Luke Teeple
37 00
Lot 2, block 15. W. G. Livermore. 21 00
Lot 4, block 15. William M. Harvey.
15 00
Lot 8, block 6. E. B. Hughes 21 00
Lot 7, block 7. Joseph Basey 35 00
Lot 1, block 24. Joseph Patterson
26 00
Lot 2, block 24. John Crill .
20 50
Lot 8, block 17. Thomas Baker
31 00
Lot 8, block 18. Israel Smith 30 00
Lot 8, block 15. William Basey 27 00
Lot 7, block 15. Marcus Hall 16 00
Lot 8, block 7. Jeremiah Buford 50 00
Lot 5, block 8. Thomas Ritchey
69 00
The lot where the Bryson House is located, then as now, was con- sidered the most valuable in the town, and is the one bought by Jeremiah
Lot 1, block 18. Thomas Baker 68 00
347
HISTORY OF WASHINGTON COUNTY.
Buford for $72; the one bought by Thomas Ritchey for $69 is the one where Everson's Opera-house is now located. Thomas Baker was the pur- chaser of the lot where the First United Presbyterian Church now stands, paying for the same $31. The lot on the southeast corner of the public square was also bought by Thomas Baker, it selling for $68.
FURTHER PROCEEDINGS OF THE COMMISSIONER'S COURT.
At the first meeting of the county commissioners it seems that Morgan Hart was not present, and did not appear for the purpose of being qualified to enter upon the duties of his office till the 16th day of September, 1839.
Simon P. Teeple and Richard Moore were duly qualified on the 15tli of August, taking the following oath:
I do solemnly swear that I will support the Constitution of the United States of Amer- ica and the laws of this Territory, and that I will faithfully and impartially perform the du- ties of the office of county commissioner of the county of Washington, in Iowa Territory, and that I will use all honorable and lawful means in my power to promote the general in- terests and prosperity of said county, agreeable to my conceptions of the law, and the hest of my ability, so help me, God.
FIRST COURT-HOUSE.
On the 7th of September, 1839, an order for the erection of a tem- poary court-house was made, and on the 21st of October, of the same year, Milo Holcomb, then sheriff of the county, offered the same at public outcry and the contract was awarded to Joseph Neil for $759.00. On the 23d of November following, a written contract was entered into for the erection of this building on lot 4, block 18, on the southwest corner of the square.
ROAD DISTRICTS.
On the 7th of April, 1840, at a meeting of the board of commissioners an order was made dividing the county into road districts. The order was as follows:
All the surveyed townships shall each constitute a road district, and all that portion of said county south of Skunk river and east of Honey creek shall constitute a road district; all lying west of the range line dividing ranges 7 and 8, north of Skunk river, and south of the center of the prairie between said river and the west fork of Crooked creek, shall consti- tute a road district, and numbered as follows: No. 1, township 74, range 6; No. 2, town- ship 74, range 7; No. 3, township 75, range 7; No. 4, township 75, range 8; No. 5, south of Skunk river and east of Honey creek; No. 6, south of Skunk river and west of Honey creek; No. 7, the remainder of the county.
At the same time the following road supervisors were appointed:
No. 1, Matthew Moorhead and Robert Jamison; No. 2, Abraham Custer and Thomas Houston; No. 3, William Basey and Thomas Wilson; No. 4, A. Hulock and David Goble, Jr .; No. 5, Jeremiah Field and John Lewis; No. 6, Lemuel G. Collins and Isaac Jordan; No. 7, Elihu Hiatt and John Maley.
We have already seen that the commissioners had at a former meeting divided the county into voting precincts. At the July meeting of the new board, 1840, another division of the county into precincts was made, as follows:
348
HISTORY OF WASHINGTON COUNTY.
VOTING PRECINCTS.
First-Crawfordsville, township 74, range 6.
Second-Long Creek, township 75, range 6.
Third -- Washington, township 75, range 7.
Fourth-Crooked Creek, township 74, range 7.
Fifth-Brighton, all south of Skunk river and east of Honey Creek. Sixth-Richland, all sonth of Skunk river and west of Honey Creek.
Seventh-Walnut Creek, all north of Skunk river, east of Indian creek, south of township line between 74 and 75, and west of range line between 7 and 8.
Eighth-Dutch Creek, all north of Skunk river, west of Indian creek and south of township line between 75 and 76.
Ninth-English River, all north of township line between 75 and 76, except township 76, ranges 7 and 8.
Tenth-Iowa, all east of the first line above described.
Eleventh-All west of English River township, and the Indian boundary line.
It will be noticed from the foregoing that Crawfordsville precinct, as then constituted, was the same as the present township of Crawford; Long Creek was the same as the present township of Oregon; Washington pre- cinct was in the main identical with Washington township as now consti- tuted, with the exception of certain additions since made on the south and west; Crooked Creek precinct in the main corresponded with the present township of Marion; Brighton precinct comprehended a small portion of the present township of Brigton and all of Clay; Richland precinct was what now constitutes Richland township, Keokuk county; Dutch Creek precinct corresponded in the main with the present township of Dutch Creek; English River precinct, as originally constituted, contained a large portion of what now comprises English River township, together with other territory; Iowa precinct included the territory which now comprises Iowa township, together with Highland and a portion of Fremont town- ship, in Johnson county; Lime Creek precinct was what now consitutes Lime Creek township, and a large portion of Cedar and all of Seventy- six.
In April, 1841, the commissioners changed the boundaries of English River precinct, the precinct at that time being constituted as follows:
" All lying between a line drawn north and south eight miles from the east line of the county and a similar line drawn sixteen miles distant."
FERRIES.
At the time there were no bridges in the county and travelers in times of high water had to depend on ferries, which from time to time were estab- lished at various points along the rivers. It was customary for the com- missioners, on payment of a certain fee, to license certain persons to main- tain ferries for the benefit of the public and prescribe the rate of ferriage. The record of the first license thus granted was made April 7, 1841. The order was as follows:
Ordered, That William Pickerel be licensed to keep a ferry across Skunk river above his mill on the payment into the county treasury of the sum of two dollars and that the rate of ferriage which he shall be entitled to charge shall be six and one-fourth cents for each foot-
349
HISTORY OF WASHINGTON COUNTY.
man, twelve and a-half cents for each horse and man, twenty-five cents for each single horse and wagon, thirty-seven and a-half cents for two horses with wagon, each additional horse twelve and a-half cents, six and one-fourth cents for cattle, sheep and hogs, drivers in all cases included.
The Brighton ferry, near Smedley's mill, was licensed July 3, 1843, to Thomas J. Gordon. On July 3, 1848, Thompson Dray was licensed to operate the ferry for a term of five years, paying for the same the sum of two dollars for the first year, and such sum from year to year thereafter as the board of commissioners chose to fix.
FIRST JAIL.
At the session of the board of commissioners held in April, 1841, the clerk of the board was instructed to give notice by written advertisement in three of the most public places in the county, that the contract for the building of a wooden jail would be let on the first day of June next. Alexander Lee, J. B. Davis, and Thomas Baker secured the contract and were ordered to build the jail on lot 3, block 8. On the 13th of Angust, 1842, the following receipt was placed on record:
Received of the board of commissioners the sum of $1,020 as follows: $984 in county orders on the town of Washington and lot 5, block 2, and lot 6, block 11, for $36; all heing in full payment on my several contracts to build, finish and complete a county jail in said town of Washington, Territory of Iowa. In witness, etc., ALEX. LEE.
From which it would appear that the other two contractors were relieved from the obligation of their contract and Mr. Lee assumed the whole con- tract.
At the session of the board during the following October the clerk was ordered to contract with Albert Sturgis in the sum of $70 for the enclosing of the public square, work to be finished by April 1, 1842. The contract was made and subsequently the time was extended till the first Monday in July following, but from some canse the enclosure was never made under the contract.
TOWNSHIP ORGANIZATION.
At a meeting of the board of county commissioners held Jan. 3, 1844, the county was for the first time subdivided into civil townships, which subsequently perfected their township organization. The civil townships, as constituted at that time, were as follows:
IOWA.
Townships 76 and 77, range 6, and sections from 1 to 3, 10 to 15, 22 to 27, and 34 to 36, inclusive, in township 77, range 7; and sections from 1 to 3 and 10 to 15, inclusive, of township 76, range 7.
ENGLISH RIVER.
Sections from 4 to 9, 16 to 21 and 28 to 33, inclusive, in township 77, range 7; and sections from 4 to 9 and 16 to 18, inclusive, in township 76, range 7; and sections from 1 to 15, 22 to 27 and 34 to 36, inclusive, in town- ship 77, range 8; and sections from 1 to 3 and from 11 to 15, inclusive, in township 76, range 8.
350
HISTORY OF WASHINGTON COUNTY.
LIME CREEK.
Sections from 4 to 9, 16 to 21 and 28 to 33, inclusive, in township 77, range 8; and sections from 4 to 9 and 16 to 18 in township 76, range 8; and sections from 1 to 18, inclusive, in township 76, range 9; and township 77, range 9.
CRAWFORD.
Townships 74 and 75, range 6.
MARION.
Township 74, range 7.
WASHINGTON.
Township 75, range 7, and sections from 19 to 36, inclusive, in township 76, range 7.
CEDAR.
Township 75, range 8, and sections from 19 to 36, inclusive, in township 76, range 8.
BRIGHTON.
Township 74, range 8.
DUTCH CREEK.
Township 75, range 9 and sections from 19 to 36, inclusive, in township 76, range 9.
OLAY.
Township 74, range 9.
At a meeting of the board in October following, it was ordered that the boundaries of Dutch Creek township should be so altered as to extend from Skunk river to the center of what is now Seventy-six.
On the first Monday of April, 1845, English River, Lime Creek, Dutch Creek, Brighton and Cedar townships, were duly organized by the election of the usual corps of township officials.
SECOND COURT-HOUSE.
At a meeting of the Board in February, 1845, a contract was entered into with Alex. Lee, for the building and completion of a new court-house in the town of. Washington. The articles of agreement and specifications not appearing to be in existence, we can not give a correct statement of the con- tract. We found subsequent entries from which we learn that the building was to be of birch, and to be completed at a specified time, and that on the 9th day of January, 1847. Mr. Lee was given till June 1st, 1847, to finish his contract. On the seventh day of July, 1847, Mr. Lee presented the court-house for acceptance, but the board rejected it, and upon agreement the matter was referred to Henry Goosman, Lyman Whitcomb, David P. Sturges, B. P. Baldwin and P. C. Mckinsey, who deducted on account of carpenter work on the cupola, fifty dollars, and on the balance of the build- ing, one hundred and ten dollars, which was accepted by both parties.
351
HISTORY OF WASHINGTON COUNTY.
On the 13th of April, 1847, Mr. Lee, the architect of the building, was allowed to have any of the unsold lots in Washington at five dollars each, on the court-house contract. The price now seems to have been very low, but it must have been considered very high then, for Mr. Lee does not appear to have taken advantage of the offer.
The Board seems to have had some litigation on its hands in 1845, for it appears that that year they employed an attorney at the remarkable salary of $25 per annum.
The last session of the old board of county commissioners was held on the 28th day July, 1851, at which time the only business done was to levy taxes for that year, among which we notice a poll tax of $2.50; $2.00 for road purposes, and fifty cents for county purposes. At this meeting Michael Hayes and John B. Webster transacted the business, the third commissioner, Mr. Robinson, being absent.
COUNTY JUDGE.
In 1851 the board of county commissioners was superseded by the office of county judge. The gentleman first exalted to the honors and emolu- ments of this office was Enoch Ross. The management of county affairs be- ing thus left in the hands of one individual the county judge was in a small way a veritable despot; his word was final in the adjudication of claims against the county; he located roads, levied taxes, built bridges, erected court-houses and jails, and was amenable to no one except on day of election. Notwithstanding the almost unlimited authority exercised by this official and the large amount of money constantly at his disposal we do not find that the trust was frequently betrayed. During the whole time that county affairs were in the hands of the county judge there was but one case, throughout the entire State, in which this official proved corrupt and was false to the trust confided in him. This seems to be remarkable and we are lead to inquire the canse. Was it beeanse the people were peculiarly for- tunate in the selection of mnen for that office? Men whom the conscious- ness of power could not corrupt and money could not buy? Or is there some philosophy whereby may be explained this wonderful purity of one man power? We are inclined to the latter opinion. It is a law of social being that men are more swift to go with the multitude in the way to do evil than to individually assume the responsibility of an evil act, and the risk which few men would be willing to individually assume there are many who would be willing to divide. Thus it is that the county judge was more than usually accommodating, careful and particular. Should he make a mistake, he must alone assume the responsibility; should he arrogate authority or misappropriate funds, he alone must bear the odium of the crime. Thus it followed, too, that county judges enjoyed to a remarkable degree the confidence of the people and their tenure of office was longer than other officials, they generally having been elected for three and four terms. Mr. Ross was no exception to this rule and when the county judge system gave place to the board of fifteen, we find him elected as a member of this board and upon its organization promoted to the chairmanship.
352
HISTORY OF WASHINGTON COUNTY. THE BOARD OF FIFTEEN.
The county judge system of county management expired Jan. 1, 1861, and was succeeded by a board of supervisors consisting of fifteen members, one from each township. The first session was held Jan. 7, 1861, and the following named gentlemen constituted the body:
Enoch Ross, Washington township.
B. H. Wilder, Clay township.
D. W. Cauffman, Brighton township.
Evan Park, Marion township.
Matthew Moorhead, Crawford township.
James Stewart, Oregon township.
D. W. White, Franklin township.
W. S. Hamilton, Seventy-six township.
Marshall Goodspeed, Cedar township.
Alexander Gibson, Jackson township.
George Means, Highland township. Thomas M. Moore, Iowa township.
Robert McCallister, English River township.
S. A. Waters, Lime Creek township.
John Rhinhart, Dutch Creek township.
This minature legislature had charge of county affairs during the most critical period of the country and while the management was in the main satisfactory the body proved to be too combrous, and while theoretically each section of the county was represented in the board, practically it was usually the case that one man of more than average intelligence and force of character controlled the entire board, and if he inclined to engage in some little job he had the less hesitancy in doing so from the fact that there were fourteen others with whom he could share the responsibility. After an experiment of ten years the township system was legislated out of exist- ence and in its stead was introduced the present system of three supervi- sors, which is virtually the same as the first board of county commissioners. Thus, after years of experimenting, first with a board of one, then with a board of fifteen, we have got back to the original plan, which in all respects is probably the best which can be devised. While it does not leave the management of affairs in the hands of a single individual it still leaves the matter in the hands of a board which can transact business with expedi- tion, and is a body of sufficient dignity and standing to secure as represen- tatives men of intelligence and ability.
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