Pg 377
The first session of the County Commissioners commenced at Rochester, then recognized as the county seat, on the 2d day of April, 1838. A record of their proceedings was commenced on a single quire of uncovered foolscap paper,…
*The New England colonies were first governed by a “General Court”, or Legislature, composed of a Governor and small Council, which court consisted of the most influential inhabitants, and possessed and exercised both legislative and judicial powers, which were limited only by the wisdom of the holders. They made laws, ordered their execution by officers, tried and decided civil and criminal causes, enacted all manner of municipal regulations, and, in fact, did all the public business of the colony.
Pg 378
. . . stitched together, which is still preserved in the Auditor’s office, and from which the following transcript is made:
ROCHESTER, 2d April, 1838
This day the County Commissioners of Cedar County, Wisconsin Territory, came together, and after being duly organized, proceeded to business.
1. Appointed Moses B. Church for Clerk.
2. Appointed Richard Runsford for their Chairman.
3. 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 Justice of the Peace by each of the above named individuals; and likewise, a bond given by James W. Tallman, for the faithful performance of the duties of a Sheriff, which bonds were approved and filed in the office of the Clerk.
4. Received a petition praying for a ferry across Cedar River, at the town of Rochester, to be kept by George W. McCoy, which was laid over for further consideration.
5. Received a petition praying for a county road from Elizabethtown by Tallman’s and Centreville, in the direction of Montpelier, which was laid over for further consideration.
6. Received a petition for a road from the northwest end of Pioneer Grove, through Red Oak Grove and Centreville, by Freeman’s mill, in the direction of Bloomington (Muscatine), which was laid over for further consideration.
7. Received a petition praying for a road from the eastern boundary in the direction of Gilbert’s on the Iowa, which was laid over for further consideration.
This ended the business of the day of the first session of the Board of Commissioners of Cedar County.
3d April, 1868
The Board ordered that the county be divided into four districts.
9. Sec. 1. Be it enacted by the Board of Commissioners of the County of Cedar, that the four northeast townships shall constitute the District No. 1. The four northwest townships shall constitute the District No.2. The four southwest townships shall constitute the District No.3, and the four southeast townships shall constitute the District No.4.
Sec. 2. The First District shall be attached to the Second District for district purposes.
Sec. 3. There shall be three election precincts in the county, viz.: One at Linn Grove, in District No. 2, at the house of Elias Eperson; one at Rochester, in District No. 3, at the house of Stephen Toney, and one at Centreville, in District No. 4, at the house of Moses B. Church.
Sec. 4. William Mason, Alanson Pope and Elias Eperson are appointed Judges of Election for one year in District No. 2; William Green, Jonathan Morgan and Jehu Kenworthy in District No. 3; William Miller, David W. Walton and Charles Whittlesey in District No. 4.
10. Sec. 1. Be it enacted by the Board of Commissioners of the County of Cedar, that a permission given to George McCoy, to keep a ferry over Cedar River, at the town of Rochester, until the first Monday of next July, and the place of landing shall be opposite to Van Buren street.
Sec. 2. The rate of ferriage shall be as follows: For a wagon, 25 cents; each span of horses or yoke of cattle, 25 cents; man and horse, 25 cents; a footman, 12 ½ cents; loose cattle per head, 6 ½ cents; hogs and sheep per head, 4 cents.
11. Sec. 1. The board of Commissioners selected the following persons to serve as grand jurors, to wit: Alanson Pope, Martin Baker, John Kenworthy, John Jones, Robert G. Roberts, David W. Walton, Charles Whittlesey, Solomon Knott, William Mason, Harvey B. Burnap, Jonathan Morgan, Henry Hardman, William Miller.
Of the above named grand jurymen, Alanson Pope, Martin Baker, John Jones, Robert G. Roberts, David W. Walton, Solomon Knott, William Mason, Jonathan Morgan and William Miller died in Cedar County. Jehu Kenworthy removed from the county about 1848 or 1850, and is supposed to be dead. Charles Whittlesey returned East some thirty or thirty-five years ago, became insane, was sentenced to a private insane asylum in the State of New York, where he died several years ago. Harvey B. Burnap removed from the county at an early day, and all knowledge of him was lost. Henry Hardman is the only one of the first grand jury selected known to be alive. He still resides in the county.
Sec. 2. The following persons were selected as petit jurors, to wit: Benjamin Frazer, John Scott, Charles M. Moberly, Prior Scott, Washington A. Rigby, Walter Freeman, Felix Freeland, James Buchanan, Elias Eperson, Richard Knott, Daniel Hare, Abraham Nix, George Miller, Jr.
Of these first petit jurymen, Benjamin Frazer died in Tipton in the Spring of 1874; Daniel Hare died in Cedar county; John Scott removed to Linn . . .
Pg 379
. . . County at an early day, and remained there until his death; Charles W. Moberly died in Missouri in 1868; Felix Freeland now living in Rock Island, Ill.; Prior Scott and Washington A. Rigby still reside in the county; Walter Freeman removed to Oregon in 1852, where he was still living at the date of this writing, April 15, 1878; Elias Eperson removed to Mills County, Iowa, some time between 1845 and 1848, where he died as much as twenty years ago; Richard Knott removed to Harvey County, Kansas, about 1874 or 1875, where he still resides; Abraham Nix and Geo. Miller, Jr., removed from the county in 1839, since when the gentleman (William M. Knott) from whom these facts are obtained, has lost all knowledge of him; James Buchanan deceased.
12. Received from the hands of the Sheriff the returns of the election held on the 5th of March last, which were put on file.
The result of that election, as copied from the record, was as follows:
County Commissioners.—Richard Ransford had 55 votes; Joseph Wilford, Jr., 46; Jonas M. Oaks, 47; Stephen Toney, 31; Elisha E. Edwards, 26; Charles Whittlesey, 1.
Coroner.—Harvey B. Burnap had 31 votes; Jonathon Morgan, 24; Martin Baker, 22.
Treasurer.—Christian Holderman had 72 votes.
Register.—Robert G. Roberts had 31 votes; Moses B. Church, 24; John Kenworthy, 20.
13. Appointed James W. Tallman the Assessor of Cedar County for the present year.
14. Adjourned till to-morrow at 9 o’clock.
April 4. Met according to adjournment.
15. Received of George McCoy, Jr., a bond for the faithful performance of the duties of a ferryman, which was put on file.
16. This order related to the adoption of a seal, which was a plain circle about one inch in diameter. In the upper part of the circle were the letters “COMS.” And in the center below C. C.
17. Received and put on file the claims of Henry Abraham Nix and George McCoy.
18. Adjourned for the space of one hour.
19. Met according to adjournment.
20. Gave to James W. Tallman the following instructions:
“You are hereby commanded, by the authority of the Board of Commissioners of the county of Cedar, to take an assessment of all the property in this county, and in all the counties attached to this county for judicial purposes, on the ad valorem system, naming the different kinds of property possessed by each individual, viz.: All horses, oxen, cows, hogs, sheep, household and farming utensils, clocks, watches, moneys on hand, notes due and on interest; noting all horses and cattle which are under three years of age, and all horses which are blind, and to make due return thereon on or before the Thursday next preceding the fourth Monday of next May, to the Commissioners of Cedar County.”
The above instructions were signed and sealed by the Commissioners, and attested by the Clerk. The Assessor was also directed to take a list of the names of all persons in the county or counties subject to pay a poll tax.
21. Received of Christian Holderman a bond for the faithful performance of his duties as the Treasurer of Cedar county, which was put on file.
Order 22 related to claims against the county, as follows:
| The County of Cedar, Dr., April 4, 1838 | |
| To Richard Ransford, for three days’ service as Commissioner | 9.00 |
| To Jonas M. Oaks, for three days’ service as Commissioner, $9; for paper, .25 | 9.25 |
| To Joseph Wilford, Jr., for three days’ service as Commissioner | 9.00 |
| To Moses B. Church, for three days’ service as Clerk of Commissioners | 6.75 |
| To J. W. Tallman, Sheriff, for three days’ attendance on the Commissioners | 4.50 |
| Total cost of starting the county machinery | 38.45 |
Of that amount, twenty-five cents was for furnishing one quire of paper—foolscap—fastened with white tape, on which to keep a record of the proceedings of the Commissioners, and this single quire of paper served to keep a complete record of the Commissioners’ transactions from the beginning of the first session, April 2, 1838, until the 23d of March, 1840. The record, brown . . .
Pg 380
. . . and musty with age, is carefully preserved in the Auditor’s office, and is an interesting relic of half a century ago. The records were made in a clerkly hand, and, with the exception of the two first pages, the ink seems to have blackened with time. The suggestion may be out of place, but it occurs to the writer that it would be well for the authorities to have it bound. A hundred years hence, it will be far more valuable than it is now. On Cedar County’s centennial day, April 2, 1938, nothing would be of more interest to the people who will live and exercise dominion then, than the old record that has added so largely to the interest of these pages.
22. Adjourned till 9 A. M., on the first Thursday next preceding the fourth Monday in next May.
Each order or entry made by order of the Commissioners, was numbered in regular numerical order, and have been so far copied verbatim et literatim, to show the younger generation of Cedar County people how their fathers did business. As a rule, their orders were short, solid and sharp. They did not encourage the use of unnecessary or meaningless words, but left a record which their descendants can easily understand, and of which they need not be ashamed.
At their May session, the Commissioners “agreed with Stephen Toney, that he should furnish and prepare a room in his house for the accommodation of the District Court during its first session in this county.” The old house is still standing at the ferry landing at Rochester.
At this session, the Commissioners accepted the bond of James W. Tallman as Assessor, and also enacted “that District No. 1 be no longer attached to District No. 2 for district purposes;” also, “that the election precinct in District No. 1 shall be at the house of Porter McKinstry, and that John Nesbitt, Peter Taylor and Porter McKinstry should serve as Judges of Election in District No. 1.
The following named citizens were selected to serve as grand jurors, in addition to those chosen at the April session: Henry Buchanan, William Green, Abraham Kizer, J. W. Wilkinson, John Blalock, James Setford, George S. Smith, John Finch, William Morgan and Jackomyer Baldwin.
Henry Buchanan died in Cedar County about thirty years ago. William Green also died in Cedar County. Abraham Kizer is a citizen of Linn County. J. W. Wilkinson removed to California about 1852, where he was still living at last accounts. John Blalock remained in the county until about 1868, when he removed to Keokuk County, where it is rumored he died a few years since. James Setford returned to Indiana (from which state he came to Iowa) about 1840, where he died about 1848. George S. Smith emigrated to California in 1849. Report came back that in attempt to cross the South Fork of the American River, his canoe capsized and that he was drowned. John Finch was killed by lightning in Hardin County where he was visiting, about the year 1862. Finch was a very profane man, and had often been heard to swear that nothing could kill him but lightning, and it seems a little singular that his death would have come that way. William Morgan removed to the south part of the State about 1852, and it was not known whether he is dead or still living. Jockomyer Baldwin died in Cedar County in 1876.
The following additions were made to the petit jury so selected at the April sessions: James W. Potts, Nicholas Kizer, Hector Starrett, Conrad Sweitzer, John S. Higginson, Stephen Toney, William Starrett, William Watson, Henry D. Morgan and Robert Miller.
On the 25th of May the Board took up the several road petitions and proceeded to pass on them. They “enacted that Viewers be appointed on the . . .
Pg 381
. . . roads requested in Petition No. 5, and also on the road requested in Petition 2, from its commencement to the first point mentioned in the Petition.” Prior Scott, Robert G. Roberts and James Buchanan were appointed Viewers “on the above roads,” and directed to make their report on the first Monday in July.
Section one of order No. 33, enacted that Viewers be appointed on the road requested in Petitions Nos. 4 and 6. The same order appointed William Miller, Thomas Lingle and Christian Holderman as Viewers. The last clause of the section
Ordered the Sheriff of Cedar County, Wisconsin Territory, to notify the Viewers above named of their appointment, and to procure a Surveyor to attend them.
The Board then passed upon their respective claims for services at that session, and also the claim of James W. Tallman, as Sheriff in attendance, and then adjourned till 9 o’clock on Monday the 28th of May.
Monday, May 28th, the commissioners met pursuant to adjournment, and “enacted that Johnson County be the fifth election District, and that the election precinct be at Napoleon, at the house of John Mafford,” and that Henry Felkner, Phillip Clarke and James Marcey should be the Judges of Election in District No. 5.”
Section 1, of order No. 40, enacted that a license to keep a tavern in the town of Rochester, be given to Stephen Toney for the term of one year for the sum of five dollars. A tavern license in those days included the privilege or right to keep and retail spirituous liquors, such as whisky, etc., and no tavern was considered a tavern that did not keep a full supply of the ardent.
The remainder of the session was taken up in the examination of claims and road petitions, the appointment of Road Viewers, etc., when the Board adjourned until the first Monday in July, which was the 2d day of that month.
The July session of the Board was principally taken up with road matters. Order No. 50 enacted that the “County of Cedar be divided into road districts as follows:
Centerville District No. 1, includes the southeast township and the township west of it.
Rochester District No. 2, includes the two southwest townships, viz.: west of the centre line of the county, and south of the range line 79 north, with the addition of the south half of township 80 north, and 3 west.
Rock Creek District No. 3, includes township 80 north, and 4 west, and the north half of township 80 north, and 3 west, and that part of township 81 north, and 3 west, which is west of Rock Creek and South of Linn Grove.
Washington District No. 4, includes township 81 north, and 4 west, with the addition of Linn Grove settlement.
Pioneer District No. 5, includes township 82 north, and 3 and 4 west.
Red Oak District No. 6, includes the Red Oak settlement and the west half of township 81 north, and 2 west, with the addition of Jones and Knott.
Crooked Creek District No. 7, includes township 80 north, and 1 and 2 west, with the exception of Poston Grove settlement.
Yankee Run District No. 8, includes Poston Grove settlement, and townships 81 and 82 north, and 1 west.
The following named settlers were appointed Road Supervisors.
David W. Walton, Centerville District; Stephen Toney, Rochester District; John W. Wilkinson, Rock Creek District; James Buchanan, Washington District; John Scott, Pioneer District; Solomon Knott, Red Oak District; John Finch, Crooked Creek District; Porter McKinstry, Yankee Run District.
51. Be it enacted by the Board of Commissioners that they adopt as their seal, an impression made by the eagle side of a five cent piece.
52. Issued a writ, to bring before this body Orrin Lewis and child, which was committed to the Sheriff of the county.
This was the last order passed by the Board, subject to the jurisdiction of Wisconsin Territory.
Pg 382
July 3, 1838, the law creating the Territory of Iowa became operative, and the county of Cedar was no longer subject to the jurisdiction of Wisconsin Territory. July 4, 1838, for the first time, the Commissioners, strictly speaking, assumed to transact business under the Territorial laws of Iowa. The change or transition to the new order of things did not affect their business transactions, but everything went along as smoothly as if the “Beautiful Land” had not taken the initiatory step toward the functions of a great State.
The first order made by the Board, subject to the jurisdiction of Iowa Territory, related to the writ referred to in order No. 52, and recited that “the writ issued against Orrin Lewis was returned with the body of Lewis and his child.
Order No. 54 renewed or extended the ferry license of George McCoy until the 4th of April, 1839, “according to the tenor of the permit granted him on the 4th of last April, for which he is to pay the sum of five dollars.” Order No. 55 directed the custody of Lewis’ child to be given to James W. Tallman, as agent for the Board of Commissioners, and instructing him (Tallman) to provide for said child until the next annual session of the Board.
From the best sources of information accessible, it appears that Lewis had so neglected his child as to allow it to become an object of solicitude among the people who knew the circumstances. Some of them made complaint to the Commissioners, when the writ was issued as mentioned in Order No. 52. For many months the little charge was known as “Tallman’s baby.” “Tallman - how’s your baby?” was the salutation that greeted him when he met any of his acquaintances, as long as he kept it in his care.
The first County Orders issued bore date July 6, 1838. They were issued, to the parties, and for the amounts, named below:
| No. 1, Henry Hardman, $13.92½; |
| 2, Robert G. Roberts, $17; |
| 3, Abraham Nix, $1; |
| 4, William Mason, $6; |
| 5, Jesse Toney, $2.50; |
| 6, Martin Baker, $2.50; |
| 7, Harvey B. Burnap, $1.70; |
| 8, George Foster, $1; |
| 9, John Jones, $1; |
| 10, George McCoy, $2; |
| 11, Henry D. Brown, $1.25; |
| 12, Milton Phelps, $1.25; |
| 13, Ross McLoud, $7; |
| 14, Solomon Knott, $1.80; |
| 15, Washington A. Rigby, $1; |
| 16, Prior Scott, $31.50; |
| 17, Israel Mitchell, $27; |
| 18, James Buchanan, $22. |
| Total amount of first issue of County Orders, $131.42½. |
July 7, the Board “received notification that the family of Matthew Turner were in a suffering condition,” and agreed to “meet at his house to-morrow morning, at 9 o’clock, to make provision for their relief.” This, if the child of Orrin Lewis be excepted, was the first instance where the Board of Commissioners of Cedar County were called upon to afford relief to the destitute and suffering, and was the beginning of that guardianship and charity for the poor for which the county has become noted.
The same day, the Board directed the issue of the following County Orders:
| No. 19, Henry Hardman, $1.25; |
| No. 20, Daniel Carle, $1.25; |
| No. 21, Richard Knott, $1.25; |
| No. 22, Arthur Dillon, $4.00; |
| No. 23, Washington Rigby, $4.00; |
| No. 24, Ross McLoud, $6.00; |
| No. 25, James W. Tallman, $145.68½; |
| No. 26, Moses B. Church, “$33.87½;. |
| Total amount of second issue of County Orders, $197.31; |
| add total of first issued, $131.42½; |
| total amount issued to date (July 7, 1838), $328.73½. |
Road matters claimed a good deal of the attention and time of the Commissioners in early days, in the management of which they exercised a great deal of care and wisdom. Order 63, passed at the July session, 1838, declared that all roads should be sixty-six feet in width, and in Order 64, the clerk was directed to transmit to the several Supervisors the following instruction.
That in the first place, they make the necessary bridges and expend the remainder of their time in removing the logs and underbrush in the timber lands, and in opening the roads, so that they may be passable, and that whatever logs they remove shall be removed beyond the established limits of the roads, which roads are sixty-six feet in width.
