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         Rochester.—In December, 1837, when Cedar County was created by an act of the Territorial Legislature of Wisconsin, there were not more than 150 persons in the county; of these, perhaps 100 were voters. Everything within the territorial limits of the county was in almost chaotic confusion. There were no civil officers, no townships, no towns or villages, except in name, the people of the county had no representative in either branch of the Legislature, and that body had but little, if any, definite knowledge even of the Territory or its landscapic appearance, for it is not probable that a single one of the members had ever set foot upon any part of its prairies, valleys or forests. The settlers had located in different parts of the county—not in congregated settlements, but were scattered around miles apart, the bulk of the pioneers, however, being located in Sugar Creek district.

         At this time there was but one post office in the county—Rock Creek—which had been established at Rochester July 19, 1837. Above Rochester there was no established ferry. Rochester and Pioneer Grove were the pioneer set- . . .

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. . . tlements. Rochester was laid out in August, 1836, and besides the post office and ferry, a store had been opened and the building of a mill was under consideration. These facts had been communicated to the Legislature—at least that knowledge was in possession of the House and Council—and, assuming it to be the most important town or village in the county, Rochester was designated as the seat of justice for Cedar County.

         Three other towns—Centerville, Elizabethtown and Warsaw—had either been named or laid off during the summer of 1837. Centerville, seven miles southeast of Tipton, in the edge of Sugar Creek Township, was named by John Sheller and John C. Higginson. Elizabethtown, the site of which was at the proposed Cedar River crossing of the Chicago, Clinton & Western Railroad, was laid out by Jehu Kenworthy and one of the Millers. Warsaw, now covered and occupied by the farm of James D. Wiggins, on Rock Creek, three miles west of Tipton, was laid out by James W. Stone. Each of these villages, according to the notions of their several proprietors, was the place above all others for a grand city—even the Territorial Capital. Land was cheap, and a “good deal of it to the acre,” to quote the words of an old settler, and the proprietors were generous in providing for the width of alleys, streets, avenues and parks, as well as in the adoption of “big” names for the same. They also made liberal use of paper, and it is said that, in some instances, “corner lots” were sold to Eastern parties at almost fabulous prices. But in a few short months their glory faded away, and all that is now left of them is the memory of their names. The stillness of their locations, instead of being disturbed by the hum and clatter of machinery, is broken by the voice of the plowman; the alleys, streets and avenues which their projectors hoped and expected to see occupied by stately business blocks and palatial-like residences are filled, instead, with long rows of corn or other grains, that find a market far away from the old-time Centerville, Elizabethtown and Warsaw, once the imagined great commercial centers of Iowa. All but Rochester are buried beneath the debris of accumulated years.

         As immigration increased and settlements began to extend to different parts of the county, the people began to talk about removing the county seat to a more central location. The agitation of this proposition kindled the fires of sectional animosities, and aroused and arrayed the Rochester interests against other parts of the county; and, although more than a third of a century has passed since the strife commenced, there are still some slumbering embers—a few of the old-time adherents of the Rochester interests that are still “watching and waiting” for the time when the county seat will be returned to them, and honestly believing that the time will yet come when Rochester, Cedar Co., Iowa, will equal in proportion and commercial importance the Rochester of New York, after which the pioneer village of the “forty-mile strip” was named, by George McCoy, in 1836.

         In the contest of which we are now writing, Rochester was represented, in the main, by J. Scott Richman, now of Davenport; William Green, Joseph Crane and Stephen Toney. There were others, of course, who were equally earnest in their efforts to retain the county seat at Rochester, but they lacked the qualities of leaders, and so filled up the ranks and followed in the wake of those named above. George McCoy, the original proprietor of the town site, had been an ardent advocate of Rochester, but being elected Sheriff in the fall of 1840, on what was known as the Tipton ticket,* was look upon with dis- ...

          *There were three candidates for Sheriff at that election, viz: Goodwin Taylor, who was put in nomination by the Democrats; I. S. Martin, by the Whigs and Rochester men, and George McCoy, as the Tipton candidate.

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. . . trust by the friends of Rochester, and made his permanent abode in Tipton until he removed from thence to California, where he still resides.

         Tipton was represented by Samuel P. Higginson, an old sea captain; Joseph K. Snyder, John Culbertson, John P. Cook and William Cummins, as generalissimos. The friends of the respective interests arrayed themselves under the direction of their recognized and chosen leaders, and the fight commenced. The contest was fierce, and sometimes at short range, until the victor was declared to be on the side of Tipton, and measures were inaugurated to build the necessary county buildings—court house, jail, etc.

         The first aggressive movement in the county seat controversy was made in November, 1829. At that time, a petition was presented to the Territorial Legislature, in session at Burlington, setting forth in a clear and concise manner, says Judge Tuthill, in a paper read at the Centennial celebration at Tipton, July 4, 1876, the reason why a change had become necessary, and asking for the passage of a law to enable the people to re-locate the seat of justice for Cedar County. That session of the Legislature convened on the 4th day of November in that year (1839), and the petition was presented on the 24th day of that month. It was referred to a committee, and on the second day after its reference the committee reported a bill answering the request of the petitioners. After various amendments, the bill was definitely acted upon and became a law.

          “The friends of Rochester were highly indignant. They alleged that the petition had been recently circulated, and that they had not been apprised of its circulation, or that such a petition was in existence until after its presentation to the Legislature; that, in consequence of the secrecy observed by the friends of the removal project, the remonstrance prepared by them, and drawn up, as they believed, with argumentative force and forwarded to Burlington, failed to reach the Legislature until after the bill based upon the petition had become a law, and that, as a consequence, their remonstrance had received no consideration.” The petitioners denied the “allegations” [of secrecy and surreptitiousness] and defied the allegators.” The denial, however, had but little effect toward allaying the animosity of the Rochesterites, and they arrayed themselves in solid phalanx against the proposed removal of the county seat from the banks of the Cedar—the head of navigation on that stream—to any point whatever, whether central or otherwise.

         Other authorities say, and with good reason, too, that the Rochester people knew full well that the petition was being circulated, and that it would be presented to the Legislature at an early day of the session, and that they were there in force to defeat its prayer. It is not reasonable to suppose that a petition of that character could be circulated secretly among the friends of the scheme of county seat removal, and all knowledge of its existence be kept from the opposite party. To entertain such a proposition would be to entertain an absurdity. It is remembered that some of the representative men of Rochester made two trips to Burlington on horseback, during the early part of the session, and it is believed by some of the “old settlers” that these same Rochester delegates were present when the bill passed.

         The bill, the passage of which was secured under such circumstances, was entitled “An act to re-locate the seat of justice in and for the county of Cedar.” Its principal features, says Judge Tuthill, were embraced in the following provisions:

1. Appointing Henry W. Higgins of Scott County; John G. McDonald, of Jackson County, and John Egan, of Johnston County, Commissioners of Re-location.
2. Prescribing their official oath to act with impartiality and for the best interests of the county.

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3. Requiring them to meet first at Rochester, on the second Monday in the following March (1840), and if, upon examination, they should find that place convenient and eligible for the seat of justice, they should re-locate the same there; but if otherwise, they were directed to proceed to locate the same as near the geographical center of the county as the most eligible situation could be found, combining the advantage of health, convenience of timber, water, etc.
4. Directing them, as soon as they had determined upon the place, to give it such a name as they might think proper, and to file a copy of their proceedings, duly authorized, with the Clerk of the District Court.

         A thorough examination of the papers in the office of the Clerk of the Circuit and District Courts failed to find any report of the above-named Commissioners, and, as a consequence, we are unable to present even a synopsis thereof; hence, the reader’s imagination must supply a missing link in the history of their county, which loss was occasioned by seeming inexcusable carelessness of early county officials.

         After the passage of the law above quoted, the proprietors and friends of Centerville, Elizabethtown, Warsaw and Antwerp (the last named a new town laid out on the southeast quarter of Section 9, Township 90, Range 3, by Peter Dilts and Charles A. Warfield, in 1838, and not before mentioned in this chapter) began to push the claims of their respective town sites for county seat honors.

         The present site of Tipton was an unbroken and almost undisturbed prairie wild. This quarter section was first claimed by William M. Knott, who sold his interest therein to Henry S. Chase before he commenced to make improvements.

         Monday, March 9, 1840—that being the second Monday in that month—the locating Commissioners met at Rochester, as required by the law under which they were appointed, to enter upon a discharge of their duties. At that particular time, unfortunately, perhaps, for the success of that village, there was an unusual state of water, and the town site was completely submerged. This fact, no doubt, as much as anything else, caused the Commissioners to determine that Rochester was neither “convenient nor eligible for the seat of justice.”

         Commencing on Monday, the 9th, the Commissioners spent the intervening time till Friday, the 13th, in visiting the different proposed site and feasting and dancing at the expense of the different proprietors. After leaving Rochester, the commissioners visited the northwest quarter of Section 6, Township 80 north, Range 2 west--the exact geographical center of the county, and the site proposed by the old sea dog, Capt. Higginson, and by whom, says R. L. R., in his outline history of Cedar County, “they were entertained with unparalleled magnificence, when we consider all the circumstances.” After carefully examining the beautiful site (Higginson’s), where Tipton has since been built up, the Commissioners visited Mr. Robert Dallas’ home, in Red Oak, and from thence they went to visit Van Antwerp, who lived about half way between Tipton and Rochester. A banquet and a ball were tendered the Commissioners and their retinue wherever they turned in for the night. John Ferguson, of Red Oak, the first man to strike a note on any musical instrument in the county, was one of the delegation. He carried his violin, and furnished the music at each banquet and ball. Friday, the party again reached Rochester, where they were received with marked enthusiasm, the citizens supposing they had returned there to render their report in favor of that village; but their enthusiasm was illy spent. Saturday, March 15, 1840, the Commissioners turned their backs on Rochester and their faces toward the geographical center of the county. When they arrived here, John C. Higginson, a brother of Capt. Higginson, produced a stake, the top of which was squared, which the Commissioners sunk in the ground. One of the Commissioners then . . .

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. . .took a lead pencil and wrote “Tipton” on one of the squares on the upper end of the stake. When this was done, John C. Higginson produced a bottle of champagne (some say whisky), which he broke on the top of the stake, at the same time shouting “Hurrah for Tipton!”

         The new county seat was called Tipton in honor of Gen. Tipton, of Indiana, a friend of one of the Locating Commissioners. It appears that one of the Commissioners was averse to fixing the county seat at Tipton, or, as it was then, on Higginson’s site. He agreed, however, not to offer any factious opposition to the decision of the other two Commissioners, providing they would permit him to name the new seat of justice, an agreement to which they readily assented.

         The stake was stuck; the die was cast; and Rochester—well, if its people didn’t mourn, they “howled,” and were exasperated and indignant beyond measure. With Higginson and his friends, there was great rejoicing; and it is fair to presume that the hilarity of the occasion was somewhat stimulated by imbibitions from sundry black bottles, one of which was broken on the top of the stake, as just mentioned, in honor of a custom that prevails among seamen when they name a new vessel.

         This decision of the Locating Commissioners did not quiet the controversy, nor allay the feelings of animosity and sectional hatred that had grown up between the adherents of Rochester and Capt. Higginson and the other parties interested in removing the county seat to a more central location. Rochester interests were as much determined to reverse the decision of the commissioners as they had previously been to secure it in favor of Rochester; and they at once set to work to complete their plans for future action. Their first plan was to secure the passage of a law, at the next session of the Legislature, to enable the people of the county to vote on the question of removal.

         The friends of the site selected by the Locating Commissioners were equally active, and they made immediate preparation to “hedge” in and protect the advantage thus far obtained.

         The county seat stake was planted on Saturday, the 14th day of March, 1840. On Monday, the 16th, the County Commissioners met, in special session, at Rochester. Present: Messrs. D. Comstock, W. Miller and J. G. Foy; W. K. Whittlesey, Clerk.

          “The report of the Locating Commissioners was called for, and the Clerk read the same—which report was accepted by Daniel Comstock and William Miller, and objected to by John G. Foy,” when it was

         Ordered, by John G. Foy, that it be proved the signatures to the report of the Locating Commissioners were placed there this day, the 16th March, 1840.

         Moved by A. L. McCrea, seconded by William Bolton, that S. P. Higginson be sworn. Accordingly, S. P. Higginson was sworn by the Clerk, and pronounced the signatures just and true.

         Moved by John G. Foy, seconded by William Miller, that S. P. Higginson be sworn in relation to the signatures to the report of the Locating Commissioners as to the date. Accordingly sworn, and pronounced the same yesterday.

         The Commissioners then ordered a recess of ten minutes; and on re-assembling for business, the question being put by the Clerk, it was

         Ordered, That the protest of John G. Foy be rejected and put on file.

         The protest was accordingly put on file.

         Ordered, That the County Commissioners do preëmpt the quarter section selected by the Locating Commissioners as the county seat.

         Ordered, the Board adjourn until Monday next, having due reference to the county seat, and that the Clerk advertise the same. Those having money to loan can do the same by taking an interest in the town, at the lowest rate of interest.

          [Signed]

         WILLIAM MILLER
         JOHN G. FOY
          DANIEL COMSTOCK

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         The quarter-section where the Locating Commissioners planted the Tipton stake was first claimed by William M. Knott, who, before making any improvements, sold it to Henry S. Chase. Chase immediately employed Knott to erect a 16x16 foot cabin on the claim, for which he agreed to pay him $16.00; so that when the Commissioners located the county seat on Higginson’s site, the land was held in claim right by Henry S. Chase. When Chase purchased the claim from William M. Knott (who was under age), he gave him a note for $60.00 in part payment therefor, which he gave to his father. After the Commissioners rendered their decision, Mr. Chase held that the County Commissioners ought, in justice, to pay him for his interest in the land. In the adjustment of the matter, Solomon Knott—who held the note given by Chase to his son, William M. Knott—gave up the note in consideration of whatever the County Commissioners might concede was due to Mr. Chase, be it more or less.

         When the Board met, on Monday, the 23d of March, 1840, Samuel P. Higginson submitted the following proposition:

         TO THE BOARD OF COUNTY COMMISSIONERS OF CEDAR COUNTY—Gentlemen: I beg leave, most respectfully, to make you the following proposals for furnishing money to enter the quarter-section of land on which the county seat of this county was lately located: That I will give outright to the County Commissioner of Cedar County the sum of $200.00, for the aforementioned purpose, on the following conditions: That the County Commissioners shall come under bonds to me to make a good and general warranty deed to twenty lots upon said quarter-section, said lots to be of a general average of the whole, as they may hereafter be laid off, and to be deeded and set off to me as soon as said quarter section is surveyed, and before any sale of lots takes place. Said money to be furnished immediately, in Land Office funds.

[Signed]
                    SAMUEL P. HIGGINSON
                    _____________, Iowa, March 22, 1840.

         It was then

         Ordered, By the Board, that any person proposing for lots in the county seat, and will advance $200.00 in Land Office money, for the purchase of the count seat site, lately located under the name of Tipton, they shall propose on these terms: The Board of County Commissioners shall choose nine lots, and the person proposing shall take one lot; the Board shall take nineteen lots, and the person proposing shall take one lot; the Board shall then take nineteen lots, and the person proposing shall take one lot, and so on, until the proposer received the complement he names, of twenty lots, or, in the like proportion, of any number of lots laid off in said town, the entire quarter-section to be laid off in lots. We do accept of the above proposal—the letter of Samuel P. Higginson being made a part of the same.

[Signed]
                    WILLLIAM MILLER,
                    DANIEL COMSTOCK, Commissioners
                    JOHN C. HIGGINSON (Agent for S. P. Higginson)

         ATTEST,
         WM. K. WHITTLESEY.

         Dated at ROCHESTER, this 23d March, A. D. 1840.

         Gave bonds in the sum of $200, payable to S. P. Higginson, to be void on the County Commissioners furnishing him with warranty deeds as per agreement.

         Daniel Comstock was appointed agent to procure a pre-emption right to the county seat as located on the 16th day of March, by the Locating Commissioners, on the northwest quarter of Section 6, in Township 80 north, and Range 2 west of the Fifth Principal Meridian.

[Signed]
                    WILLLIAM MILLER,
                    DANIEL COMSTOCK.

         The Board then adjourned.

         The following is taken from the Centennial Oration of Judge Tuthill:

          “On the 7th of April, the Board was again in session, when Mr. Comstock reported that he had discharged his duties entrusted to him, and filed with the Board a pre-emption certificate issued to the county from the Government Land Office at Dubuque, and also a receipt for the purchase money--$196.44—for the quarter section selected by the Location Commissioners for a permanent seat of justice for Cedar County.

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          “As an instance of the economy and honesty practiced by the early county officials, it is noted that the whole amount charged by Mr. Comstock for his traveling expenses to Dubuque, and compensation for his services, was only $12.50. For the same services now $100 would be considered a moderate charge.

          “John J. Tomlinson, a surveyor, was employed by the County Commissioners to subdivide the land into town lots. The plan was completed on the 20th of May, and the plat was presented to the County Commissioners at their regular session the 1st of June, 1840, certifying it to be correct. On the same day, the plat was filed in the office of the Recorder of the county, and thus Tipton became de jure, as well as de facto, the county seat.

          “In the meantime, proposals had been invited (by advertisement) for the erection of a hewed log building for jail, court house, etc., the ground floor to be used as a jail and the upper part for a court house. The contract was awarded by P. M. Vicker, for the sum of $2,475. William Green proposed to build it for $2,700, and James Foy for $2,500. January 4, 1841, the contract was transferred from Vicker to Joseph K. Snyder, and the building was finally completed on the 18th of July, 1843.

          “June 15, 1840, the first sale of town lots took place. The old records show that the following sales were made:

Lot	2,	Block 10, Cummins & Co.	$75.00
Lot	4,	Block 10, James S. Lewis	$55.00
Lot	6,	Block 10, J. Scott Richman	$60.00
Lot	9,	Block 10, E. E. Edwards	$44.50
Lot	11,	Block 10, F. D. Sunderland	$32.56
Lot	5,	Block 11, Cummins & Co.	$57.00
Lot	6,	Block 11, Cummins & Co.	$68.00
Lot	4,	Block 19, John R. McCurdy	$61.00
Lot	5,	Block 19, Preston J. Friend	$72.00
Lot	6,	Block 19, N. Y. Walker	$50.00
Lot	12,	Block 19, Preston J. Friend	$50.00
Lot	5,	Block 20, Jacob Lauderman	$27.50
Lot	11,	Block 26, James S. Lewis	$41.00
Lot	12,	Block 26, Benjamin Frazer	$91.00
		Total of first public sale of town lots in Tipton	$783.50

          “Notwithstanding the measures thus far inaugurated, there appear to have been some apprehensions on the part of the County Commissioners as to the permanency of the county seat in Tipton, for an order was passed by the Board on the day of the sale of town lots providing that if the county seat should be removed, the money paid on lots purchased should be refunded, with 20 per cent interest from the time of payment.

          “Improvements commenced. The first building erected was a log store house, for John P. Cook, in which, when completed, was opened the first store in Tipton. John Culbertson commenced the erection of a building for hotel purposes about the same time. Preston J. Friends built a dwelling house, and other buildings were undertaken by William Cummins, John R. McCurdy, Charles M. Jennings, N. Y. Walker and others. July 23, 1840, a post office was established, with Charles M. Jennings as Postmaster.

          “In the meantime, the friends of Rochester were not idle. Various schemes were proposed and partially carried out to overcome, or at least to neutralize the influence at work in favor of Tipton. Among these plans was one, which if practically and successfully carried out, would no doubt have resulted disastrously to the hopes of Captain Higginson, his friends, and to Tipton, at least so far as retaining the county seat was concerned. The reader should bear in . . .

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. . . mind that this county seat war, as it is sometimes called, was anterior to the introduction of railroads into the country. The only means of transportation to and from the Mississippi River, was by wagons, or perchance, by an occasional keel or flat boat on Cedar River. With a spirit of enterprise highly commendable, the friends of Rochester brought an influence to bear, that introduced steamboats on Cedar River, and during the Summer of 1840, Mississippi River steamers made frequent trips to Rochester, bringing up goods, wares, merchandise, passengers, etc., and taking back such commodities as the country desired to send to an eastern or southern market. But in consequence of the uncertainty and low stages of water that were sure to come as the season advanced, the scheme was abandoned as impracticable. It was the boldest and best movement the Rochester interests ever conceived or attempted to put in practice, and it is to be regretted, the interest of the whole county considered, that the enterprise did not succeed.

         “During the summer of 1840, the Rochester people prepared and circulated a petition, which was presented to the Legislature at the session following, asking for the passage of a law to enable the people to vote upon the question of re-locating the county seat. The friends of Tipton were equal to the emergency and prepared and circulated a remonstrance against any change, or the passage of any law looking to a change. Both documents were industriously circulated, and the canvass was so thorough that in a short time the name of every legal voter in the county was enrolled on one side or the other, with but little difference in numbers. It is said there were eight more names on the petition than on the remonstrance, thus showing that Rochester really had a majority of eight. This majority, however, was overcome by the names of fifteen Scotchmen and one Englishman, of Red Oak, that were secured to a duplicate remonstrance of the same tenor as the original, to which was added the written statement that they were not legal voters by reason of foreign birth, but that they were bona fide settlers, on registered claims and that they had duly and legally declared their intentions to become naturalized citizens. The names of these sixteen men were John Ferguson, John Safley, Robert Dallas, Charles Dallas, Samuel Yule, John Chappel, William Coutts, Alexander Coutts, Robert Perie, Sr., Robert Perie, Jr., John Leith, John Garrow, Peter Garrow, Duncan McNee, Daniel McNee and John Goodrich.”*

         The contest was a spirited one and the excitement ran high. The interest was so intense that for a time it was feared the angry and passionate discussions, criminations and recriminations would end in bloodshed, but, fortunately, the decision of the question was not with the people, but with the Territorial Legislature. Before the meeting of that body, the feeling gradually cooled off, and, by tacit, if not mutual agreement, hostilities were suspended until the Legislature should meet and pass upon the prayers of the petitioners and remonstrants.

         December 8, 1840, the respective papers were presented to the Legislature at Burlington. William Green, Stephen Toney and Nelson Hastings were present as delegates, or lobby members, from Rochester and spared no efforts to press their claims upon the attention of the territorial law-makers.

         Samuel P. Higginson, single-handed and alone, represented Tipton. Says Judge Tuthill: “The free, jovial and open-hearted sea-captain was something new and attractive to many of the members, who, for the first time fell in with a real salt-water sailor. Whatever might have been the cause, whether the remonstrance had sufficient intrinsic merit in itself, or whether the captain’s advocacy carried with it unusual weight and power, the result was the success of Tipton.

         *These names were gathered with much difficulty and research by Judge Tuthill.

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          “The petition and remonstrance were referred to a Select Committee of the House, of which Herman Van Antwerp, the friend of Rochester, was Chairman, and a bill was introduced by him in accordance with the prayer of the petitioners, which, being read a first and second time, and the question then being put upon a third reading, was voted down by the decisive vote of seven yeas to nineteen nays, and the bill was consequently lost. This disposed of the question until another session of the Legislature.”

         Thus far the victory had always been on the side of Tipton or the geographical center, and the result inspired Higginson and his friends with renewed vigor and energy. Improvements and population at the new county seat kept steadily increasing. Town lots were being sold and new buildings erected. Each recurring month added to its numerical strength, and during the Summer of 1841, the County Commissioners entered into a contract with John Finch for the erection of a Court House* 36x42 feet, to be built in the center of the public square. Tipton was jubilant.

         Beaten, but not discouraged—defeated, but not conquered, the Rochesterites determined to continue the war, and proposed that the next battle should be before the people and at the ballot box. They maintained that inasmuch as all county seat changes were determined by the Legislature, it was necessary in order to win success, to secure power and influence in that body by the election of member of the Council and House who were friendly to their interests, and with this object in view they brought all their energies to bear upon the choice of representative law makers. The first grand step was the election of a member of the House from Cedar county whom they could trust—a man known to be on the side of Rochester, and in whom there “was neither variableness or shadow of turning.” This was a strategic movement and one that required consummate skill and sagacity to execute with success. The election district at that date was composed of three counties—Cedar, Linn, and Jones. The district was entitled to one Councilman and two members of the House; and as the counties voted by general ticket, there was a possibility that a member might be elected who would be adverse to the Rochester interests, even if they had a majority in Cedar County. To add further difficulty to the issue, neither one of the two political parties—Whig and Democratic—had a sufficient majority in the district to ensure certainty of success to either party, for a nomination in those days was not equivalent to an election, as has been the case in later years. Cedar and Linn Counties were both Democratic by small majorities, from twenty-five to fifty votes each, while Jones was claimed for the Whigs by about the same majority. Additional complications were suggested, in the fact that the greater part of the Whigs in Cedar County lived South of Rochester, and, in consequence, had a community of interests with those who were fighting for the county seat at that village. The Democrats lived in the north and eastern parts of the county, and were, therefore, identified with the Tipton interests.

         The Democrats were the first to enter the political arena. A meeting was called to assemble at Tipton to choose delegates to a District Convention to be held at Gilbert’s in Linn County, at which meeting sixteen delegates were chosen, all of whom were known to be friendly to Tipton. This was an important movement, as the delegates from their respective counties were usually allowed, and rightfully too, to select their own candidates for Representatives or members of the House.

         *That Court House served until the erection and completion of the present brick structure, when it was removed to the west side of Cedar street, and between Fourth and Fifth streets. The upper part of it is now occupied by the Conservative printing office, and the lower part by the millinery establishment of Mrs. Rodabush, and the grocery establishment of M. J. Cosman.

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         Rochester entered an earnest protest against the proceedings of this county caucus, alleging it was called without authority, that no notice of the meeting or its purpose, had been given except to the friends of Tipton. The Democratic Executive Committee of the county, of which Joseph Crane, a friend of Rochester, was Chairman, entirely ignored the proceedings of the meeting, and issued a call for another caucus at Rochester, giving due publicity to the call. But even at that meeting the Rochester people were again defeated in their hopes and purposes. On the day of the meeting, the people from the northern and eastern parts of the county “came down like a wolf on the fold,” invaded that quiet, but aspiring river town in solid columns and overwhelming numbers. They organized the meeting and ratified all that had been done at the Tipton meeting and carried everything their own way.

         The District Convention met at Gilbert’s on the 17th day of June, 1841, and one of the Cedar County delegates failing to put in an appearance, his place was filled by the appointment of Joseph Crane, of Rochester. The Tipton men presented the name of Harvey G. Whitlock as their candidate for member of the House of Representatives, and Mr. Crane presented the name of Herman Van Antwerp as a candidate for the same position. Of the further proceedings of the convention Mr. Crane gave the following graphic account:

         Whitlock was called on for a speech and, of course, a pledge. Mr. Whitlock responded by saying that he was not prepared to make a speech, but if any person present had any questions to ask, he would be happy to answer them. “I arose and asked him,” said Crane, “if he had ever been a Mormon preacher?” This question appeared to take every one by surprise. Whitlock made no answer, and seemed thunderstruck. There was an awkward suspense for a few moments when old Jo. Leverich broke the silence by crying “Out of order! Out of order!” The vote was then taken, and on the first ballot Van Antwerpt was nominated—Linn and Jones going in a body for him. The Cedar County delegation, with Bissell at their head, withdrew in indignation, and it soon became known, says Judge Tuthill, that the Democratic party in “old Cedar” was pretty well demoralized.

         The Whigs, as was to be expected, quickly availed themselves of the demoralized condition of the Democrats, and a primary meeting was called at Tipton to appoint delegates to a District Convention, which was to meet at Goudy’s in Linn County. To avoid the trouble that befell the Democrats, the delegates were divided equally between Tipton and Rochester. When the district Convention met, the Rochester delegates presented the name of James W. Tallman, and the Tipton delegates named the county seat warhorse and sea dog, Samuel P. Higginson, as their respective candidates for Representative. The delegates from Linn and Jones were assured that the Tipton Democrats had pledged themselves to support the Whig candidate, as he could be relied on to sustain Tipton as the county seat. A decision was quickly reached, and Capt. Higginson was nominated for Representative on the first ballot. Their standard bearers thus duly chosen, the antagonistic forces of Cedar County prepared for an active and vigorous campaign.

         The August election, 1841, was admitted to have been the most exciting one ever held in the county. One candidate represented Tipton, and the other one represented Rochester. The political predilections of the two candidates were entirely ignored. It was Tipton against Rochester—that was the only issue. The friends of Tipton did not stop, when they went to the polls, to inquire whether Higginson was Whig or Democrat. All they asked to know was “Is he for Tipton?” So with the Rochester candidate, “Is he for Rochester?” This question being settled satisfactorily, the voter cast his ballot accordingly, and then set to work to “electioneer” among the doubtful. The result was not long in doubt. Higginson was elected by about thirty majority, and Rochester was again vanquished and the question believed to be definitely settled. For a time, all apprehensions of a removal of the county seat seemed to be quieted, and a new impetus was given to the growth of Tipton.

         In 1842, another contest came up, and was conducted with a good deal of spirit, but the energetic spirit that characterized the campaign of 1841 was . . .

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. . . absent, the contest being more from the force of circumstances than a premeditated movement.

         It is remembered that, when the Democrats were united, they had a very handsome majority in the county, but divided, from any cause, the Whigs always managed to carry off the victory. William R. Rankin, jocularly called “Teddy” Rankin, was an aspiring young lawyer, and attempted to harmonize the sectional difference that had grown out of the county seat war, and to unite them on the election of a Councilman, to be chosen that year. Rankin, as the reader has already suspected, was a candidate, and the most prominent one named. It is said that, in his zeal to secure the nomination and election, he gave assurances to the Rochester Democrats that if elected he would not consider himself pledged to Tipton, but would act in consonance with the wishes of the majority of his constituents.

         A caucus meeting was held at Antwerp to appoint delegates to the District Convention. Rankin and a large number of his friends attended, and secured a majority of the delegates. The District convention was held at Gilbert’s and, at Rankin’s suggestion, it was resolved that the Councilman to be nominated should be chosen from Cedar County, while the two members for the House should be nominated from Linn and Jones Counties. This was pretty sharp practice on the part of Rankin, and was evidently intended to insure his nomination beyond the peradventure of a doubt.

         O. C. Ward, of Cedar County, was also a candidate for Councilman, and, chafed at being outgeneraled by Rankin, he determined upon and put in force a counter movement. On his motion, it was resolved that, as the councilman was the actual representative of the three counties, and each county having an equal interest in his election, the nomination should be made by their combined action and mutual consent. Van Antwerp was then put in nomination and became the nominee, thus destroying the hopes of Rankin and blasting his chances for Councilmanic honors and political preferment.

         Van Antwerp was the avowed champion of Rochester, and his nomination awakened the old sectional feeling of the Tipton people, and the Whigs presented John P. Cook as their candidate and the friend of Tipton. All the old spirit of rivalry was at once awakened, and a determined fight was again waged between the friends of the two villages—Tipton and Rochester. The result was the election of Cook, and thus the victory was again declared to be with Tipton. With that election, the county seat war ended.

         Among the various features and incidents of local interest during the county seat controversy were the songs written and sung by the two parties. The personal and local “hits” contained in them were generally taken in good part by both sides, and, doubtless, gave them a popularity to which they were not entitled as literary productions. The first one of these songs was written and sung by John P. Cook, Tipton’s poet and vocalist. It was first sung by the author at a Christmas ball and supper, given at Tipton, on the night of the 25th of December, 1840, in honor of Tipton’s first victory. It was entitled

THE CEDAR COUNTY SEAT

Air—“The Tall Young Oysterman.”

Billy Green he went to Burlington, and so did Stephen Toney;

They both rode white horses, and Hastings rode the pony.

When they arrived at Harrison’s they put them in the stable,

And then they paddled off on foot, as fast as they were able. . . .

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When they arrived at Burkhart’s house ‘twas 12 o’clock at night,

They called for some refreshments, but couldn’t get a bite;

They swore they wouldn’t go again, whatever might betide,

And Green was taken with a fit, which lasted till he cried.

The object of their journey was anything but mete,

For they traveled down to Burlington to move the county seat,

And there the greatest fun took place that ever yet was seen,

And all the Legislature laughed at silly Billy Green.

Billy Green said the Tipton folks would ruin all the nation,

By moving off the county seat from Cedar navigation—

That the people of the center had surely all gone mad,

To treat the friends of Rochester so plagued mean and bad.

He told our worthy Councilman he was held in much esteem,

And that he must pull in harness with the Cedar County team;

It’s true they pulled together, and made up quite a race,

But the off horse was balky, and the leader broke a trace.

When they lost their cause at Burlington, they felt so very blue,

They cursed the Legislature, and swore it wouldn’t do,

Said Green, “My dearest Toney, we’ll now put out for Cedar,

And fight them for the county seat, and whip their bully leader.”

And now hurrah, my Tipton boys! let’s have a Christmas spree;

A cheer for every Tipton man, and for Tipton, three times three;

We’ll rally round the Center, boys, with all our strength and might,

And celebrate our victory, achieved without a fight.

         These lines were received with great applause by the Tipton people, and were considered so appropriate to the occasion and the circumstances that they were committed to memory and sung by every man, woman and child friendly to Tipton, just as fast as they could learn the tune. But Rochester had a poet—Joseph Crane, a Justice of the Peace—and, determined not to be over-shadowed by Tipton’s poet and songster, he set his machine in motion and ground out on the fly-leaf of his docket (it is said) the following, which is still preserved on the sheet of paper on which it was first written, and which is in possession of Judge Tuthill. It was sung to the tune of “John Anderson, my Jo John,” and was entitled

JOHN P. COOK.

O, John P. Cook, my Jo John, you’ve sung in merry strains,

Of Hastings and of Toney, John, and also of the Cranes;

You’ve sung of Billy Green, John, and if you’ll now give ear

I’ll sing a song of Tipton, John—a song you’ll hate to hear.

O, John P. Cook, my Jo John, when Nature first began

To try her cunning hands, John, her master work was man;

But you among them all, John, odd Nature did not know;

You’re the work of Nature’s ‘prentice boy, O. John P. Cook, my Jo.

O, John P. Cook, my Jo John, your Tipton is a hoax,

Its citizens made up, John, of many funny folks;

Your Commissioners and your Jennings, John, both fight with toe to toe,

Like the famous old Kilkenny cats, O John P. Cook, my Jo.

O, John P. Cook, my Jo John, your Captain is the man

Who fought with Jo K. Snyder, John, and was legged by Sancho Pan;

But the Captain, ne’er affrighted, John, did scratch and bite and blow,

Till he scared poor Sancho Panza Pan, O John P. Cook, my Jo.

O, John P. Cook, my Jo John, your Snyder is a “hoss,”

He’s everything that’s nice, John, and of Tipton’s he the “boss;”

On Sabbath days he’s pious, John, as all the people know,

For he’ll preach the Gospel in the church, O. John P. Cook, my Jo.

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O, John P. Cook, my Jo John, your jail and court house, too,

Are nought but castles in the air, as Sancho Panza knew;

So he left the whole caboodle, John, to the care of righteous Jo;

And the Devil was the architect, O. John P. Cook, my Jo.

O, John P. Cook, my Jo John, your jail logs have stepped out,

And so the Devil is blamed, John, for what Jo brought about;

Now the Devil is your friend, John, as you full well do know,

For he dearly loves the Tipton folks, and John P. Cook, my Jo.

O, John P. Cook, my Jo John, and Billy Miller too,

Your county seat must move, John, is spite of all you’ll do;

For the people will be heard, John, or to fighting they will go,

As their fathers did, in seventy-six, with Johnny Bull, my Jo.

O, John P. Cook, my Jo John, your Commissioners are two,

And they are Tipton “to the hub,” in everything they do;

So, firebrands and death, John, they scatter to the foe,

And love and mercy to the friends of John P. Cook, my Jo.

O, John P. Cook, my Jo John, your bully Finch came down

To get his grinding done, John, in the suburbs of our town;

But he couldn’t hold his “clack,” John, and old “Billy,” never slow,

Just tanned the dog hide, ere he left, of John Finch, my Jo.

The people they have spoken, John, attention to them pay,

Or they will, in their might, John, take your county seat away;

Your town will then re-echo, John, with the sounds of grief and woe,

And the frogs will sing the funeral dirge of John P. Cook & Co.

         There were many other local ballads, but we will only quote one more, which was composed by Judge Tuthill and sung by the Tipton Minstrels at the husking, during the Councilmanic contest between John P. Cook and Harmon Van Antwerp, in 1842. It was sung to the tune of “Teddy the Tiler,” and was called

THE BOYS OF THE ROCHESTER PARTY

I s’pose you’ve heard of Teddy O’Rann,

Who wanted to be a Councilman,

But his heels were tripped up by Gen. Van

And the boys of the Rochester party.

The plot was concocted over the slough,

Old Sam he chuckled, and swore it would do,

There was Bissell and Shell-head, they knew were true,

Jack Southern, Jake Wink and the Boltons, too;

Then at Antwerp they met, with the “Norway rats,”

And they got some twenty or thirty flats

To unite the Tipton Democrats,

With the boys of the Rochester party.

Chorus:

Success to the union, and fill the bowl;

We’ll merrily dance round the hickory pole,

And mix helter-skelter, and cheek by jowl,

With the boys of the Rochester party.

Now, Teddy he said it was all in vain

To try a Tipton ticket again;

He was all for Union, he told Joe Crane,

And the boys of the Rochester party.

So deep were his plans and so cunning his pate;

With the Treasurer’s office he got Bradley straight,

And hooked Bob Long with Recorder bait.

All the Wapsipinicon precinct was keen,

And at Pioneer Grove there were full thirteen,

With twenty at Tomlinson’s carding machine,

Would go with the Rochester party.

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The delegates met, the whole matter to fix;

Fifteen were from Cedar, from Jones County, six,

And twenty from Linn, who put in their best licks

For the boys of the Rochester party.

Then they counted the ballots ‘mid clamor and noise,

And Teddy came out second best in the choice;

Both Tony and Shell-head did greatly rejoice

When they found out that Van had the popular voice.

For a speech, then, they called on Teddy by name,

And he got up and thanked them, he said, all the same,

For that, whatever happened, he never would blame

The boys of the Rochester party.

Success to the union, and drain the bowl,

Let us merrily dance round the hickory pole,

And mix helter-skelter, and cheek by jowl

With the boys of the Rochester party.

         In 1846-7, a scheme was undertaken, more as a pecuniary speculation than from any other motive, to create a new county, by changing the boundary lines of Jackson, Jones, Linn and Cedar Counties. The movement, however, was strongly opposed by the people of the several counties. The speculators presented their plan to the Legislature, but that body treated the measure so coolly as to “freeze it out,” and consign it to perpetual and ignominious oblivion. Had the movement been favored by the Legislature, the county seat war would have been renewed between Tipton and Rochester with the fierceness of olden times, and the result might have been satisfactory to the Rochesterites.

         Monday, March 12, 1852, the County Court being in session, William Green, of Rochester, presented a petition signed by himself and four hundred and thirty-six (436) others, praying “that the county seat of Cedar County be re-located at Rochester, and that the question be submitted to a vote at the election in April, A.D. 1852.” William G. Woodward and J. Scott Richman, appeared as attorneys for the petitioners. After hearing the arguments of the attorneys in behalf of the prayer of the petitioners, and no person offering objections to the prayer of the petitioners, “it was ordered that the following question be submitted to the people of Cedar County at the election to be held on the first Monday in April, A.D. 1852, viz:

          “Whether the county seat of Cedar County, Iowa, shall be removed to the town of Rochester in said county. The vote for and against the above question may be taken by the words ‘For removal,’ or ‘Against removal’ being written or printed on the ballots.”

         In securing this hearing before the people, the victory was with the Rochester petitioners, but the tally sheets of the election showed that a majority of the people were averse to the prayer of the petition. No certified returns of the election are to be found, so we have not the means of showing the number of votes cast “for removal” or the majority “against removal.” That poll book and the hopes of the Rochester people, brave to the last, are lost together. The county seat war cry disturbs the people no more, and “everything is quiet on the Cedar.”