History of Iowa County, Wisconsin, Part 77

Author:
Publication date: 1881
Publisher: Chicago, Western Historical Company
Number of Pages: 958


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At the session of the board that occurred in April, 1831, the representatives in attendance were Robert C. Hoard, of Pecatonica Township, Isaac Martin, of Wisconsin, and James Mur- phey, of Fever River. Blue Mounds District did not elect a Supervisor. A majority being


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present, they resolved themselves into a court and proceeded to business. This was the first session of the board that made any pretensions to regularity in the method of procedure, and we are to presume the county affairs were conducted with a gravity and deliberative ceremony com- mensurate with the onerous duties devolving on the three. The County Treasurer's report was received, audited and adopted, but, as to what was the source of revenue, how much or how little, no clew is afforded. It was resolved that licenses be issued to applicants to enable them to law- fully retail spirituons liquors. or to retail merchandise. The license was to be signed by the Supervisors and attested by the Clerk, who was instructed to make out forty copies forthwith. Rigid economy must have prevailed in those early times, which is rendered all the more glar- ing when contrasted with the lawless extravagance of our degenerate days. All bills were pro- tested in a manner that must have sorely tested the amiability of the creditors. A Sheriff's bill for Jailer's expenses at $15 dollars a month, was denounced as exorbitant. Samnel W. Beale, who was appointed by the Legislature as one of the Commissioners to locate the county seat, presented a bill for $100 compensation for forty days' services. The amount was reduced to $65, and paid. For transcribing the original county records from loose sheets of paper and fur- nishing a book for the same, M. G. Fitch was rewarded with $4. With a modesty worthy of imitation, the Supervisors only allowed themselves remuneration at 75 cents a day. In 1831, they awarded the contract for constructing a new jail to John Brown, for the sum of $538, George B. Cole going security. The jail was to be located on the north side of a lot of land occupied by James Scantlin, in Mineral Point.


In August of the same year, the precinet of Grant was attached to Platte for electoral purposes.


The first legal services were rendered to the board by John Turney, who received $10 for representing the county in a disputed tax case in the Circuit Court.


The administration of the civil laws was attended with measures that would now be stigma- tized as barbarous, but which, in the early era of a new country, were essential to the safety of life and limb. Among the artful devices for suppressing rebellious instincts in unruly prisoners were the stocks, an inseparable adjunct of every well-regulated jail. On inspecting the new house of detention, the Supervisors noted the absence of iron stocks, and therefore refused to accept the building from the contractor. The want was supplied in two weeks, when the work was approved.


The assessment roll for 1831 aggregated $58,777, and it was ordered that a tax of 1 per cent be levied in addition to a poll tax of $1 per head, to which 480 persons were liable. A penurious feeling governed all the actions of the board, which permeated all branches of the administration, and secured to the tax-payers at least a reduction of assessments. Costly jus- tice, with its many channels for extravagance, was mastered and rendered subservient to the pre- vailing rule, as shown by a resolution allowing Robert Dougherty 933 cents for trying and com- mitting William Dolby and Michael Bushey. During the excitement attendant on the Black Hawk war, the jail at Mineral Point was razed to supply timber for constructing Fort Jackson. For this act of its officers, the Federal Government compensated the county by paying $18.80.


By an act of the Sixth Legislative Council of the Territory of Michigan, approved Sep- tember 6, 1834, the eastern boundary of Iowa County was changed to the principal meridian dividing the Green Bay and Wisconsin Districts. This gave Iowa County a strip of territory three miles wide and on its eastern side, and constituted what is now the range line between Ranges 9 and 10, the boundary line on the east.


The first census was taken in 1835, when the following officers canvassed the accompany- ing districts : Levi Sterling, Pecatonica ; Stephen Goff and Henry Messersmith, Wisconsin : Joseph R. Vineyard, Platte ; M. G. Fitch, blue Mounds, and Orris MeCartney for Grant.


The illicit sale of whisky (at twenty cents a gallon) proving a fruitful source of annoyance to all law-abiding citizens, the Supervisors at their April session undertook to repress its sale, or, at least, to confine it to licensed vendors. As they could not abolish the sale of liquors, they


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HISTORY OF IOWA COUNTY.


made a virtue out of a necessity, and proscribed grocers, or merchants other than saloon-keep- ers, from vending the ardent. The proscription was completely ignored, if the following pre- amble and resolution, adopted December 29, 1835, is to be credited :


WHEREAS, The resolution of the Board of Supervisors adopted April, 1835, has failed to produce the intended effect of suppressing the sale of ardent spirits by persons other than licensed tavern-keepers, be it therefore


Resolved, That from and after the Ist day of January, 1836, licenses be granted for the keepers of groceries for one year at the rate of $32 in addition lo a trader's license, when goods or merchandise other than spirits are sold, anything in the resolution referred to, to the contrary notwithstanding.


The generous and benevolent spirit in which the evil was accepted as one of the necessities of life must have won for the promoters of the resolution the heartfelt respect of the community, as ever after, the spirit, if not the letter of the law was observed. The first Coroner's allowance appears in favor of J. H. Gentry, who was rewarded with the sum of $15 for holding inquisi- tions on the bodies of Edward J. Chaney and a Menomonee Indian, whose complex cognomen must have defied the efforts of early seribes to engross, as the name does not appear in the vouchers. This year, the township of Grant, now Fever River, made default in not organizing by the election of officers, and consequently they were annexed respectively to the townships of Wisconsin and Pecatonica.


The act establishing the Territorial Government of Wisconsin, approved by Congress April 20, 1836, divided the Territory into three counties-Brown, Iowa and Crawford. These were the original counties embraced within its borders.


Brown County included all the country east of a line drawn due north and south through the portage, between the Wisconsin and Neenah Rivers.


Iowa embraced all west of that line, and south of the Wisconsin River.


Crawford occupied all the remainder, or all west of that line, and north of the Wisconsin River.


These boundaries are given to allow the reader to more correctly realize the radical changes that have re-organized the original Territory, and established over a score of counties. Under the Territorial law, the County Treasurer was obliged to give bonds of $4,000, as security for the faithful discharge of the duties of his office. At the first election for county officers under the new law, the following precincts were represented. Mineral Point, Diamond Grove, Dodge- ville, Helena, Willow Springs, Wiota, Madison, Blue Mounds, Belmont, Blue River, Fever River, Buncomb. White Oak Springs, Gratiot's Grove, Elk Grove and Skinners.


By an act of the first Territorial Legislature of Wisconsin, approved Dec. 8, 1836, Iowa County, was divided and re-organized. That portion lying west of the Fourth Principal Meridian was set off as Grant County. All that part lying east of the range line between Ranges 5 and 6 east, was attached to Green and Dane Counties. The balance of the old county of Iowa was constituted a new county, still retaining the same name. By the same act, the county seat was located at Mineral Point. After the organization of Wisconsin Territory and the rehabilitation of lowa County, the first meeting of the Board of Commissioners was held at Mineral Point April 2, 1838. William A. Deering, Robert C. Iloard and Francis C. Kirkpatrick were present and were administered the oath of office. Oliver P. Williams was elected clerk. At this meeting, Abner Nichols was appointed to examine the court house and determine what repairs were necessary to render the building suitable for habitation. 'The repairs were of a very comprehensive nature. and their demand reflected but little credit on the builder. They were described in a report as given herewith : "Lath and plaster all around and overhead. Be- low to be weather-boarded with one-inch furrow lines, put on with strong spikes. Buttoned slutters to be hung on the upper windows. Ceiled overhead ; ceiling to be matched. Walls to be lathed and plastered, and lined with chair boards. The lower room to be supplied with a neat bar and jury benches and boxes."


The County Clerk and District Court Clerk were ordered to secure suitable apartments at Mineral Point. An application to lease the court house for school purposes was made. On September 10, 1838, the first recorded election was held. The number of votes cast was 832.


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HISTORY OF IOWA COUNTY.


William Sublette was elected Treasurer, John Bracken, Collector, and J. D. G. Fenelon, Clerk of the board. The Court of Record was the Territorial District Court, and Charles Dunn was the Presiding Judge.


The old Territorial road was the first, and, for a long time, remained the only highway through the county until in 1838 roads were surveyed and laid out between Mineral Point and Willow Springs ; from Mineral Point to the Territorial road, connecting Blue Mounds and White Oak Springs, intersecting it later at Bedford. From 1838, the country was invaded by an army of settlers and miners, for whose wants roads were ramified through every section of the county.


The first toll bridge was built by Jamieson Hamilton over the Pecatonica, in the vicinity of his house, where the Blue Mounds Territorial road crossed the stream in Section 3, Town 2, Range 3 east. He was accorded the privilege, on paying to the County Board the cost of the bridge, plus 10 per cent. Mr. Hamilton controlled the traffic at this point until 1846, when he disposed of all his rights and transferred the bridge to the county for $150.


By an enactment of the Territorial Legislature, approved February 18, 1842, Richland County was erected and temporarily attached to the county of Iowa, for all county and judicial purposes. The same act authorized the Commissioners of Iowa County, to assess all the real and personal property of its protege which had been assessed in Crawford County, and collect the same as provided by law. Abner Nichols, James Murphy and John Ray were appointed Commissioners to locate the county seat. The second section of the act authorizing the Assessors of Iowa County to assess personal property, was repealed in 1845.


In 1843, three additional polling-places were set off, namely. Porter's Grove, Gratiot and Richland. The precinct of Fretwell's Diggings was set off in 1844. In accordance with the statutes of Wisconsin, the county was divided into three assessing districts, as follows : District 1, Ranges 1 and 2, Moses Whiteside, Assessor ; District 2 to comprise Range 3 and the west half of Range 5 and west half of Range 4. assigned to Samuel Davis ; District 3 to comprise the east half of Ranges 4 and 5, assigned to Joel C. Landrum to assess. This year, the first map of Iowa County was drafted by Leander Judson, County Surveyor. He disposed of it to the County Board for $50. By an act of the Fourth Territorial Legislature, the fall term of the District Court was fixed for the fourth Monday in October, and the spring term for the first Monday in March.


LA FAYETTE AND MONTGOMERY COUNTIES.


By an act of the Legislature, entitled "An Act to Divide the County of Iowa and Estab- lish the Counties of La Fayette and Montgomery," approved January 31. 1846, the county was divided. The enactment reads as follows :


SECTION 1. That Towns 1, 2 and 3, of Ranges 1. 2, 3, 4 and 5, east of the Fourth Principal Meridian, and Sections 19, 20, 21, 22. 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 31. 35 and 36, in Town 4, of Ranges 1, 2, 3, 4 and 5 east, shall constitute and form a county to be called La Fayette.


That all that tract of country lying south of the Wisconsin River, in Towns 5, 6, 7, 8 and 9, in Ranges 1. 2. 3, 4 and 5 east, of the Fourth Principal Meridian, and in Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. 13, 14, 15. 16, 17 and 18, in Town 4, of Ranges 1, 2, 3, 4 and 5 east, shall constitute and form a county to be called Montgomery.


SEC. 3. The County Commissioners of the county of Iowa are hereby authorized and empowered to borrow at a rate of interest not exceeding 10 per cent per annum, the sum of $200, and with the money so borrowed the said County Commissioners shall, by the 1st day of May next, select and enter or purchase one quarter-section of lan l in Section 9 or Section 10, or in the south half of Sections 3 or 4, or in the north half of Section 15, in Town 2 of Range 3 east, and the quarter-section thus selected a id entered or purchased shall be the county seat of La Fayette, and, if this aet shall be adopted by the people, as hereinafter provided, then the said quarter-section shall be and remain the property of said county of La Fayette, and, in consideration thereof, the said county of La Fayette shall be and become liable to pay said loan according to the tenor, terms and considerations on which the same shall be made, and, if this act shall not be adopted by the people in the manner hereinafter provided, then said quarter-section shall be and remain the property of the present county of lowa, and the said county of Iowa shall be and become liable to pay said loan according to the tenor, terms and conditions on which the same shall be made.


SEC. 4. The County Commissioners of the county of lowa are hereby authorized to borrow. at a rate of interest not exceeding 10 percentum per annum, an additional sum of $200, with which they shall, by the first day of May next, select and enter, or purchase, a quarter-section of land in Sections 21, 22 or 15, in Town 6 of Range 3 enst, and the quarter-section thus selected and entered, or purchased, shall be the county seat of Montgomery County, and, if this act shall be adopted by the people in the manner hereinafter provided, the said quarter-section in Town 6, of Range


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HISTORY OF IOWA COUNTY.


3 east, shall be and remain the property of said county of Montgomery, and in consideration thereof the said county of Montgomery shall be and become liable to pay last afuresaid loan, according to the tenor, terms and conditions on which the same shall be made, and if this act shall not be adopted by the people in the manner hereinafter provided, then said quarter-section shall be and remain the property of the present county of Iowa, and the said county of Iowa shall be and become liable to pay said loan, according to the tenor, terms and conditions on which the game shall be made.


SEC. 5. The County Commissioners, so soon as they shall have made such selections and entries, shall give public notice, in some newspaper of general circulation in the said county, of the two quarter-sections aforesaid, which they shall have selected and entered or purchased.


SEC. 6. At the general annual election, to be held in September next, all the voters in said county of lowa authorized by law to vote for delegates to Congress shall vote for or against this act by depositing a ballot with the Judges of Election, on which shall be written or printed the words " For the county division law " or " Against the county division law," which ballots shall be canvassed and returned in the manner provided by law for canvassing and returning the votes for county officers, and the result of said election shall be published by the Clerk of the Board of County Commissioners of lowa County in some newspaper of general circulation in said county.


SEC. 7. If a majority of said voters shall approve of this act as aforesaid, then the Legislature of Wiscon- si", at its next session, shall provide by law for the full organization of said counties, and this act shall go into effect from and after said organization.


SEc. 8. In case this act shall be approved by the people as afaresaid, the debts and liabilities of the county of Jowa shall be divided between said counties, and each of said counties shall pay such a proportion of said debts and liabilities as their population respectively, to be ascertained by the next census to be taken, shall bear to the whole population of lowa County, and the property and effects of said county shall be divided between said counties in the same proportion.


In compliance with the foregoing law, William Barrett, Thomas K. Gibson and Madison Brooke were appointed Commissioners to locate the county seat for the new county of La Fay- ette. The quarter-section of land was acquired from Jamieson Hamilton, by purchase and exchange. The funds were supplied by Martial Cottle, who received a bond for $150, bearing interest at 10 per cent, and William Fields a similar bond for $50. At the election, a majority of the voters declared in favor of a division. Accordingly, at the next session of the Legislature, pursuant to enactment, La Fayette County was set off. At this session the remainder of the county was permitted to retain the old name of Iowa, in preference to the innovation of Mont- gomery. At the July session of the Iowa County Commissioners, it was ordered that, as the Board of Supervisors of La Fayette County had refused to receive the old Iowa County orders for its revenue for the year 1847, in the view of the board, it would be impolitic and inexpedient for the present Iowa County to receive old Iowa County orders for the revenue of 1847. until after the first Monday in December next, when the indebtedness of the respective counties of La Fayette and Iowa would be ascertained according to the requirements of law. On the speci- fied day the Commissioners of La Fayette County inade default, in not attending the arbitra- tion meeting for the settlement of their indebtedness. This action provoked some bitterness, and the relations between the parent and child were assuming a hostile tone, when the finances were satisfactorily adjusted at a meeting held December 23, 1847. By this agreement, Iowa County assumed the responsibility to pay all debts that were to accrue or had accrued, excepting the costs and expenses arising from a suit pending against La Fayette County, by which Henry Corwith, Matthew Newkirk and others were the plaintiffs. On the other hand, the county of La Fayette relinquished and transferred all her rights to a part of Lot 53, in Mineral Point. wherein was erected the court house and public offices, and was to pay $750 to Iowa County ; also, the latter county was to receive all dues and land papers that belonged to the old county of Jowa. This agreement was consummated at a joint meeting of the two boards, whereat the fol- lowing representatives were present : John Mullanphy, A. A. Camp and F. C. Kirkpatrick, of Iowa, and John Griffin and John Van Matre. of La Fayette County.


STATE GOVERNMENT AND SUBSEQUENT REFORMS.


In January, 1846, a bill passed Congress, submitting the question of a State Constitution 10 the electors of Wisconsin, and the Territory was divided into election districts. The law was ratified by a majority of the electors, and, at a subsequent election, delegates were chosen to represent Iowa County at the Convention for forming a State Constitution. Moses M. Strong,


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HISTORY OF IOWA COUNTY.


William R. Smith, Miriam E. Whiteside, Thomas I. James, Moses Meeker, Andrew Burnside, D. M. Parkison, William J. Madden, Elihu B. Goodsell and Joshua L. White were elected.


This Convention met at Madison October 5, 1846, and, after a protracted session, adopted a Constitution, which was submitted to the voters at the spring election. At the same time, the people voted on granting suffrage to colored persons. The Constitution was accepted by the county by a vote of 1,444 to 1,417, but was rejected by the State at large. The question of suffrage was answered by a vote of sixty-nine in favor to an overwhelming opposition of 2,500. A second convention convened in 1847, when Iowa County was represented by Stephen P. Hollenbeck, Charles Bishop and Joseph Ward. To this Convention, the State is indebted for the Constitution, which, after having been approved by a popular vote, formed the basis of the present State law.


By an act, approved February 10, 1847, the location of the county seat was submitted to the voters in April, 1847. Mineral Point proved the favorite choice of the votors, who, by a majority of 219, selected that city for the county seat.


The first Board of Supervisors in the county, after the admission of Wisconsin to the Union as a State, was elected, April 3, 1849, and consisted of ten members. At a general election the same year, all necessary county officers were elected, Parley Eaton being chosen the first County Judge.


Under the State provisions, the fiscal affairs of the county were conducted with wisdom and caution, such as became a fully organized county. At a meeting of the board, convened in June, 1849, the following resolutions were recorded, deprecating the laxity that prevailed under pre- vious administrations.


Resolved, That the Board of Supervisors of Iowa County, before closing the labors of the present session, fee it their bounden duty that the public be apprised of some of the difficulties by which they are surrounded in adjust" ing the financial affairs of the county.


The reckless improvidence of the former Board of Commissioners for the support of paupers, and the allow- ance made to officers of the county, and even to themselves in shape of extra services, allowing bills of costs to officers of the courts, in some instances, at more Than twice the sums given by the statutes ; receiving from the Collect- ors delinquent taxes year after year without holding them to a strict responsibility, are among the principal causes of the great depreciation of county property at this time.


The books in the Clerk's office have beeu so carelessly and negliently kept, without system or arrangement, and not having even been posted, that it is impossible at this time for the board to ascertain either the liabilities or the funds belonging to the county ; and the Treasurer's office also needs reform and arrangement, the accounts in that office being confused.


And also the Judge of the Circuit Court, failing to hold the April term of said court according to law, and the District Attorney not being at his post at that time, has further increased the liability of the county at least $1,000 in the pay of the different officers of the court, jury fees, and for the support of prisoners confined in jail, that were ready and ought to have been tried at that term of court.


The Chairman was instructed to procure the services of some competent persons to audit the county records, examine the books, and compare the town files with the returns in the County Clerk's office. The different officers were cited before the board, and subjected to a rigid examination. The besom of reform was new, and a clean sweep was made in every department. To facilitate the investigation, $400 were appropriated to defray expenses. After this purifying and wholesome disinfection, an epoch of serenity and contentment dawned upon the community, and, for over a decade, county legislation was effected only by the ordinary experiences inseparable from the transaction of county business.


From this blissful slumber. the citizens were aroused by an agitation having for its object the removal of the county seat to Dodgeville, which eventuated in the canstic internecine war- fare known as the " county seat war." On petition of the tax-payers of Waldwick for a divi- sion of the town, an election was held in April, 1860, and, a majority vote having been polled in favor of the division, Towns 4 and 5 north, of Range 5 east, were set off and organized as the town of Moscow. According to the provisions of the Revised Statutes of Wisconsin, in 1861. the county was divided into three Supervisors' districts. District 1 consisted of the towns of Mifflin, Linden, Mineral Point, Waldwick, Moscow and the city of Mineral Point. Distriet No. 2 comprised the towns of Ridgeway. Dodgeville, Highland and the village of Dodgeville. District No. 3 included the remainder of towns of Wyoming, Clyde, Arena and Pulaski.


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HISTORY OF IOWA COUNTY.


The ominous calm that ensued during the succeeding ten years can easily, in the light of subsequent events, be characterized as the forerunner of the terrible storm then brewing, which culminated in the bitter litigation on the validity of certain railroad bonds granted as a loan to the Mineral Point Railroad. A separate chapter is devoted to this topic in all its ramified details.




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