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         It is now necessary to go back a little, in order to bring up the political history of the territory of which Cedar County forms a part. In the Fall of 1837, the question of a separate Territorial organization for Iowa began to be agitated. A Convention was called to meet at Burlington on the 1st of November, to devise “ways and means” to secure that end. The Wisconsin Legislature, then in session, joined in the scheme, and united in a petition to Congress looking to that purpose. At that time, Gen. Geo. W. Jones, of Sinsinawa Mound, Wisconsin, was the Territorial Delegate to Congress, and through his agency the petition was presented to Congress. A bill was prepared in answer to the prayer of the petitioners, which, on the 12th of June, 1838, became a law, and went into effect on the 3d day of July following. The Legislature of Wisconsin Territory had convened in Burlington in June, 1838, but the passage of the law creating the new Territory, rendered their functions obsolete and void so far as related to Iowa, and they adjourned sine die on the 3d day of July. On the next day, the 4th, Robert Lucas, formerly governor of Ohio, assumed the functions of Governor of the new Territory, under appointment from President Van Buren. William B. Conway was appointed Secretary; Charles Mason, Chief Justice, and Joseph Williams and Thomas S. Wilson, Judges. Burlington was designated as the temporary seat of Government. The population had increased to 22,860, since the census of 1836.

         Soon after assuming the duties to which he had been appointed, Gov. Lucas issued a proclamation for an election of members of the first Legislative Assembly, and dividing the Territory into suitable districts for that purpose. The Assembly was composed of a Council of thirteen members, and a House of Representatives, composed of twenty-six members. The election was held on the 10th day of September, 1838, and on the 1st day of November following, the first Territorial Legislature of Iowa met in session at Burlington. Cyrus S. Jacobs, of Des Moines County, duly elected and returned as a member from Des Moines County, was killed in an unfortunate encounter in Burlington before the Legislature met, George H. Beeler was elected to fill the vacancy. Samuel R. Murray, of Comanche, Clinton County, was returned as elected from the district composed of the counties of Scott and Clinton, but his election was successfully contested by J. A. Burchard, of Scott County. With these exceptions, the members returned elected and proclaimed so by Gov. Lucas, held their seats during the session. Robert G. Roberts was chosen as Representative from Cedar County and Charles Whittlesey was elected Councilman. Mr. Whittlesey, it is said, made a most excellent, useful and influential member.

EXPLANATORY.

         From the organization of the county in the Spring of 1838, to August, 1851, the management of county affairs was vested in a board of three Commissioners, chosen by the people, and were recognized and known as a Board of County Commissioners. This system of county management originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand , . . .

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. . . the voters being thinly distributed over a great area. The county organization, where a few influential men managed the whole business of the community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was, moreover, consonant with their recollections of traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1834, eight counties were organized in Virginia, and the system extending throughout the State, spread into all the Southern States, and some of the Northern States unless we except the nearly similar division into “districts” in South Carolina, and that into “parishes” in Louisiana, from the French laws.

         In 1851, a County Court was created (see Code of Iowa, 1851, chap. 15). The act creating that Court gave the County Judge jurisdiction of Probate affairs and clothed him with all the powers previously exercised by the Board of County Commissioners. In short, it legislated the Commissioners out of existence.

         The Township System.—On the 22d of March, 1860, the State Legislature passed an act entitled an act creating a Board of Supervisors and defining their duties (see Revision of Iowa, page 48.) This law went into effect July 4, 1860, and provided for the election of one “Supervisor from each civil township. When assembled together for the transaction of county business, these town representatives were known as the Board of County Supervisors. The township system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, whereas, “particular towns have many things which concern only themselves, and the ordering of their own affairs, and disposing of business in their own town,” therefore, “the freemen of every or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns, to grant lots, and to make such orders as may concern the well ordering of their own towns, not repugnant to the laws and orders established by the General Court.” They might also impose fines of not more than twenty shillings, and “choose their own particular officers, as constables, surveyors for the highways, and the like.” Evidently this enactment relieved the *General Court of a mass of municipal details, without any danger to the power of that body in controlling general measures of public policy. Probably, also, a demand from the freemen of the towns was felt, for the control of their own home concerns.

         Similar provisions for the incorporation of towns were made in the first constitution of Connecticut, adopted in 1639; and the plan of township organization became universal throughout New England, and came westward with the emigrants from New England into New York, Ohio and the other Western States, including the northern part of Illinois; and there being a large New England element among the population of Iowa, it is fair to presume that their influence secured the adoption of this system in Iowa, as created in the act already quoted. One objection urged against the county system was that the heavily populated districts would always control the election of the Commissioners to the disadvantage of the more thinly populated sections—in short, that under that system, equal and exact justice to all parts of the county could not be secured.

         It seems, however, that the township system did not find general favor with the people of the State, for in 1871, the system was almost entirely abrogated. At least, the law was so far repealed or modified that the Board of County Supervisors was reduced from one member from each civil township, to three members, (see Code of Iowa, chapter 2.) From the time this law went into effect in 1871, until after the regular election in 1873, county offices were under the management of a County Board of three Supervisors, with the County Auditor as their clerk.

         Section 299 of the same act provided, however, that the Board of Supervisors of any county might, when petitioned to do so by one-fourth of the electors, submit to the qualified voters of the county at any regular election, the question, “Shall the members of Supervisors be increased to five” or “seven,” as the Board might elect.

         In 1873, agreeable to the provision of this act, one-fourth of the qualified voters of the county petitioned the Board of three to order an election on the question of increasing the number to five. The result showed 1,603 votes in favor of the increase, and 482 against the increase, a majority of 1,211 in favor of the proposition. So the county is now, 1878, under the management of a County Board of five Supervisors.