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         Previous to 1838, there was no judicial officer within the limits of the county. Up to that time the people were a law unto themselves. There was neither suing or being sued—the laws of honor obtaining among the pioneers in all their business transactions.

         In January, 1838, while the territory of the county was still subject to Dubuque County, Henry Hardman, John Blalock and George McCoy were appointed Justices of the Peace. Henry Hardman preserved his commission, which was in the words following:

HENRY DODGE.
Governor of the Territory of Wisconsin

         To all to whom these presents may come, greeting, Know ye, That reposing special trust and confidence in the integrity and ability of Henry Hardman, I have nominated and by and with the advice and consent of the Legislative Council, appointed him Justice of the Peace for the county of Cedar. And I do hereby authorize and empower him to execute and fulfill the duties of that office according to law. To have and to hold the said office, with all its rights, privileges thereunto belonging, for the term of three years from the date hereof, unless the Governor of the said Territory for the time being, should think proper to revoke and determine this commission.

         In testimony whereof, I have caused these letters to be made patent, and the great seal of the Territory to be hereto affixed. Given under my hand at Burlington, this third day of January in the year of our Lord one thousand eight hundred and thirty-eight, and of the Independence of the United States of America, the sixty-second.
(Signed) HENRY DODGE
By the Governor,
         W. B. SLAUGHTER, Secretary Wisconsin Territory.

         By reason of Col. Hardman’s general popularity and the central location of his residence, it is reasonable to suppose that the first judicial entries in the county were entered on his docket. Under the laws that have always prevailed in Iowa, both as a Territory and as a State, Justices’ dockets are transmitted from Justice to Justice. For instance: Justice Hardman turned over his docket to his successor. That Justice, at the end of his term of service, turned over his own and his predecessor’s docket to his successor, and so on, down to the present.

         An effort was made by the writer to find Col. Hardman’s old docket, but the effort was not crowned with success. The Colonel was of the opinion that it was in possession of James Jennings, a present Justice of Rochester Township. Mr. Jennings was visited, but the docket could not be found among the several others that belong to his office, and so the search was given up. It, no doubt, contains some matters that, transferred to these pages, would prove of interest, not only to surviving settlers of 1838, but to the descendants—those who have been born and raised in Cedar County.

         When Col. Henry Hardman, John Blalock and George McCoy were appointed Justices of the Peace, in January, 1838, the settlers of Cedar County were still subject to the jurisdiction of Dubuque County. At the first session . . .

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. . . of the first Board of County Commissioners of Cedar County, which session was commenced on the 2d day of April, 1838, the following entry was made:

         Received of Robert G. Roberts the several bonds taken by him, as an officer of Dubuque County, and given by Henry Hardman, John Blalock and George McCoy, for the faithful performance of the duties of Justices of the Peace, etc.

         The bonds above mentioned were ordered to be filed among the other early papers of the county; but, like many other important documents, they are now non est—lost or carried away—so that only this reference can be made to them. This condition of affairs renders it impossible for the writer to present as full and complete a chain of history as he desires. The fault, however, as the reader can readily see, does not rest with the authors and publishers of this book, but with the officials who were entrusted with their care and preservation.

         District Court.—Here the writer is again confronted with an absence of records. Not the scratch of a pen can be found to show when the first term of the District Court was held, who were its officers, how long it remained in session or what cases were tried.

          “R. L. R.,” from whose “Outlines of the History of Cedar County,” as published in the Cedar Post, June 19, 1872, from whom we have previously quoted, says:

         In the month of November, 1838, the first court in Cedar County convened at Rochester under the judicial control of Judge Irvin, who was appointed by the President of the United States. Judge Irvin presided at this term, and was succeeded by Hon. Judge Williams,* whom many suppose to have been the first to exercise the judicial prerogative in our county. James W. Tallman was the Sheriff at this time, instead of E. E. Edwards, as commonly supposed, and was succeeded by Edwards.

         Some doubts being expressed as to the historical accuracy of the statements contained in the above quotation, the writer visited Mr. Edwards, now living at Moscow, Muscatine County, where he is a Justice of the peace and Notary Public, in order to arrive at the facts. Mr. Edwards is now an old man, nearly 80, but possesses a clear memory of the early incidents of the county in which he has lived about one-half his lifetime. He says the first court was held in May, 1838, instead of November. He agrees with R. L. R. that Judge David Irvin was the Presiding Judge. He was present in the court room when “court was opened,” and remembers distinctly the opening remarks of Judge Irvin. He spoke of the distance he traversed to reach Rochester; of the beautiful country he traveled to reach that village; of the blooming flowers; and how his heart filled with admiration at sight of the beautiful landscape, and adoration for the ever-living God who fashioned the prairies, forests and rivers, and filled the air with the perfume of flowers. When he referred to the feelings of his heart, says Mr. Edwards, Judge Irvin place his right hand around on his left side; and that, during his remarks, he seemed to be deeply touched with feeling and reverence. With the coming of every Spring since that time, continued Mr. Edwards, the remarks of Judge Irvin on that occasion have come vividly to my memory, as though it were but this Spring I heard them.

         The same authority quotes J. W. Cummins as Sheriff, instead of James W. Tallman, as stated by R. L. R. Tallman was soon after appointed Sheriff, by Gov. Dodge, and continued to serve until October, 1838, when he was succeeded by E. E. Edwards, under appointment by Gov. Lucas, the first Territorial Governor of Iowa.

         Mr. Edwards says there were no criminal cases tried at that term of the court, and but very few civil ones. During that session of the court, John …

*Judge Williams died at Fort Scott, Kan., about 1874.

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. . . Safely and John Ferguson, of Red Oak settlement, filed their intentions to become citizens of the United States, and were, therefore, the first naturalized aliens.

         Two Grand Juries had been selected and were in attendance at that first term of court—one to inquire into infractions and violations of United States laws, and the other for and in behalf of the Territory of Wisconsin.

         No term of the court was held in the Fall of that year, as provided by law, in consequence of the non-appearance of the Judge. The Grand and Petit Jurymen were held two days, and then discharged. E. E. Edwards was Sheriff at the time, but, in consequence of sickness, was unable to attend. Harvey Burnup was Coroner, and ex officio Sheriff, and discharged the duties of that office.

         The second term of the court was held in the Spring of 1839, Judge Williams presiding. George McCoy was Sheriff, having succeeded Mr. Edwards. “Among the attorneys present at that term of the court,” says Mr. George Frain, of Rochester, “were Stephen Witcher, R. P. Lowe and S. C. Hastings, of Muscatine, then called Bloomington. A few cases were disposed of, and some were continued, on motion or by agreement of parties. The cases were mostly of a civil nature, although there were a few arraignments for horse stealing and for selling liquor to the Indians. In most cases, the defendant to these cases were bound over.”

         Of the attorneys named above, Lowe is believed to be practicing his profession in Washington City. Hastings removed to California, and is now a successful banker at San Francisco, and has recently inaugurated measures to found a law school on the Pacific coast, for which purpose he subscribed $100,000. While this history was in course of preparation, it was announced that Mr. Hastings had paid over $60,000 of that amount, and that the undertaking was in a fair way to be completed at an early day. Witcher died in Muscatine, some fifteen or twenty years ago.

         For reasons already stated, these paragraphs include all the history of the first terms of the District Court it was possible to obtain. It is gathered from different sources, but is believed to be accurate and reliable. The names of the settlers composing the Grand and Petit Juries selected for the first term of the court will be found in another chapter, where will also be found a summary of the criminal cases, especially of the murder cases, that have been tried and disposed of in the District and Circuit Courts of the county.