|Iowa State Census Project||1838 Census of Iowa from Wisconsin Territorial Census|
Transcriptions of Wisconsin Territorial counties west of the Mississippi covering the areas to become Iowa & Minesota territories later in the year.
|1838 (Wisconsin Territorial Census)||Eleanor (Lynn) B. McCleary||*Partial
(see missing counties not on microfilm noted below)
|24 Sep 2009||Cedar, Clayton, Clinton, Delaware, Des Moines, Dubuque, Henry, Jackson, Johnson, Jones, Lee, Linn, Louisa, Muscatine, Scott, Slaughter and Van Buren|
The 1838 census was the second census taken of the first settlements in what is now the state of Iowa. On 4 July 1838, a short time after this census was taken, Iowa Territory was split off from Wisconsin Territory, organized and incorporated.
A full census enumeration (names of heads-of-households and family totals) is shown on microfilm for the counties of Cedar, Clayton, Johnson, Lee, Louisa, Muscatine and Slaughter. The balance only show affidavits and totals with the exception of Delaware, Jackson, Jones and Linn counties, which are not accounted for. Van Buren and Henry IAGenWeb county sites have head-of-household enumerations not on this microfilm (Van Buren only has an enumeration for district 3 though it has 4 districts.) Because these additional enumerations were found elsewhere, we hope to recover the rest of the county census enumerations. Please help if you can! Can you visit the Historical Societies of Iowa or Wisconsin and have a look?
Note that the enumeration of what would become Minnesota Territory is include in the Clayton county transcription. Other than the Iowa counties, it was the only remaining part of the Wisconsin territory west of the Mississippi.
Contributor: Eleanor B. McCleary
Source: 1836 Wisconsin Territorial Census. Historical Society Wisconsin, Madison, WI. Microfilm #: HA 377.A6
Pages: Stephen D. Williams, 24 Sep 2009
1838 Wisconsin Territorial Census Transcribed by Eleanor (Lynn) McCleary, 28 Aug 2009 Copyright (c) 2009 by Eleanor B. McCleary. Formatted by Stephen D. Williams ========================================================================================= IAGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization. Non-commercial organizations must obtain the consent of the transcriber to use this material. Individuals may use this material in their own research. All of the above information must remain when copied or downloaded. ========================================================================================= Media Source: Wisconsin Territorial Census: 1836, 1838, 1842. State Historical Society Wisconsin Archives Division, Madison, WI Filmed 25 April 1950, Microfilm call #: HA 377.A6 Microfilm Box Note: 1838 WI Territorial Census, Iowa counties with named heads of households are Cedar, Clayton, Johnson, Lee, Louisa, Muscatine and Slaughter. Transcriber's Note: Iowa Counties with statistical information only: Clinton, Des Moines, Dubuque, Henry, Jackson, Scott, and Van Buren. There was nothing for Delaware, Jones and Linn Counties. Sequence of counties on microfilm: Brown, Cedar, Clayton, Clinton, Crawford, Des Moines, Dubuque, Green, Henry, Iowa, Jackson, Johnson, Lee, Louisa, Milwaukee, Muscatine, Racine, Scott, Slaughter (later became Washington) and Van Buren. [Microfilm Page 1] No. 53. AN ACT providing for the taking the second census or enumeration of the inhabitants of the territory of Wisconsin. SECTION 1. Be it enacted by the council and house of sheriffs to take representatives of the territory of Wisconsin, That the census sheriffs of the several counties within the aforesaid territory (and their deputies) shall be and they are hereby authorized and required to cause the number of the inhabitants of their respective counties and districts of the territory to be taken, omitting in such enumeration. Indians not taxed and who do not live as civilized white men; and omitting officers and soldiers of the regular army of the United States who are not actual and bona fide residents of this territory. For effecting which purpose the sheriffs aforesaid shall have power to appoint as many deputies or assistants within their respective counties and districts as to them shall appear necessary, assigning to each deputy or assistant a certain division of his county or district, which division shall consist of one or more towns or townships of a district, plainly and distinctly bounded by water courses, mountains or public roads. The oath Sheriffs and their deputies or assistants shall respectively take an oath or affirmation before some judge or justice of the peace resident within their respective county or district previous to their entering on the discharge of the duties by this act required. The oath or affirmation of the sheriff shall be: I, A.B., sheriff of the county of ____, do solemnly swear or affirm, that I will well and truly cause to be made a just and perfect enumeration of all the persons resident within the county or counties, territory or district, [here insert the name of county, territory or dis [Microfilm Page 2] Pg 240 trict,] and return the same to the secretary of territory, agreeably to an act of the legislative assembly, entitled "an act providing for the taking the census or enumeration of the inhabitants of the territory of Wisconsin," according to the best of my ability. The oath or affirmation of a deputy or assistant shall be: I, A.B., do solemnly swear or affirm that I will make a just and perfect enumeration of all persons resident within the division assigned to me by the sheriff of ___, and make due return thereof to the said sheriff___ agreeably to the directions of an act of the legislative assembly, entitled "an act providing for the taking the census or enumeration of the inhabitants of the territory of Wisconsin," according to the best of my abilities. Census, The enumeration shall commence on the first Monday of May, in the year of our when to be Lord one thousand eight hundred and thirty-eight, and shall close within taken thirty days hereafter: provided, that the enumeration in he counties of Crawford and Clayton may be commenced on the first Monday of March next, and Manner shall be closed within ninety days thereafter. The several deputies or assistants shall within the said times limited transmit or deliver to the sheriff by whom they shall be respectively appointed, accurate returns of all persons except Indians not taxed within their respective divisions, which returns shall be made in a schedule distinguishing in each township, parish or city, the several families by the names of their master, mistress, steward, overseer or other principal person therein, in the manner following, that is to say: the number of persons within my division consisting of ___ appears in a schedule hereto annexed. Subscribed by me this ___ day of ___ . A.B., Deputy or assistant to the sheriff ___of ___county, W.T. [Microfilm Page 3] Pg 242 Penalty SECTION 2. And be it further enacted, That every deputy or assistant failing to make a proper return or making a false return of the enumeration to the sheriff within the time by this act limited shall forfeit the sum of two hundred dollars. Returns SECTION 3. And be it further enacted, That the sheriff shall file the where to several returns aforesaid with the clerk of the district court, who is hereby be filed directed to receive and carefully preserve the same. And the sheriffs of the several counties respectively shall on or before the tenth day of June one thousand eight hundred and thirty-eight, transmit and deliver to the secretary of the territory the aggregate amount of all the inhabitants within Penalty their respective counties or districts. And every sheriff failing to file the returns of his deputy or assistants or any of them with the clerks of their respective courts as aforesaid, or failing to return the aggregate amount of all the inhabitants in their respective counties or districts, (as the same shall appear from said returns) to the secretary of the territory within the time limited by this act shall for every such offence forfeit the sum of five hundred dollars; all which of forfeitures shall be recoverable in the courts of the county or district where the offences shall be committed by action of debt, information or indictment, the one-half thereof to the use of the territory and the other half to the informant, but where the prosecution shall be first instituted on behalf of the territory, the whole shall accrue to its use. And for the more effectual discover of offences the judges of the several district courts of this territory as aforesaid, at their next session to be held after the expiration of the time allowed for making the returns of the enumeration hereby directed to the secretary of the territory, This act shall give this act in charge to the grand juries in their respective courts to be given and shall cause the returns of the several deputies or assistants to be laid in charge before them for their inspection. Compensa- SECTION 4. And be it further enacted, That every sheriff or deputy shall tion receive at the rate of three dollars for every hundred persons by him returned where such persons reside in the county, and where such person reside in a city or town containing more than eight hundred persons, such sheriff or deputy shall receive at the rate of one dollar and fifty cents for every three hundred persons; but where from the dispersed situation of the inhabitants in some divisions, three dollars for every one hundred persons shall be insufficient, the sheriff with the approbation of the judge of their respective county or district, may charge such further allowances as shall by such judge be deemed an adequate compensation: provided, the same does not exceed three dollars for every fifty persons by them returned. SECTION 5. And be it further enacted, That every person whose usual place of abode shall be in any family within the time limited by this act for taking the enumeration aforesaid shall be returned as of such family; and the names of every person who shall be an inhabitant of any county in this territory, but without a settled place of residence, shall be inserted in the column of the aforesaid schedule which is allotted for the heads of families in that county or district where he or she shall be an inhabitant during the time aforesaid prescribed by this act for taking the enumeration; and every person who may be absent from the territory at the time of taking the enumeration shall be set down by the sheriff as belonging to that place in which he or she usually resides in this territory. Persons obliged to give information Persons SECTION 6. And be it further enacted, That each and every person above obliged to the age of sixteen where heads of families or not belonging to any family give with in any county or district made and established within this territory, information shall be and hereby is obliged to render to such sheriff, deputy or assistant of the county, a true account (if required) to the best of his or her knowledge, of all and every person belonging to such family on pain of forfeiting twenty dollars, to be sued for and recovered by such sheriff, deputy or assistant, the one half for his own use and the other half to the use of the territory. Copies of SECTION 7. And be it further enacted, That each sheriff shall, previous schedule to making his returns to the secretary of the territory, cause a correct copy to be signed by himself, of the schedule containing the number of inhabitants posted up within his county, to be set up at two of the most public places within the same, there to remain for the inspection of all concerned; for each of which copies the said sheriff shall be entitled to receive five dollars: provided, proof of the schedule having [Microfilm Page 4] Pg 244 been set up shall be transmitted to the secretary of the territory with the return of the number of persons, and in case any sheriff shall fail to make such proof to the secretary of the territory as aforesaid, he shall forfeit the compensation allowed by this act for the same. Secretary SECTION 8. And be it further enacted, That the secretary of the to furnish territory shall be and hereby is authorized and required to transmit to the instruc- sheriffs of the several organized counties in this territory regulations and tions & c. instructions pursuant to this act for carrying the same into effect and also to the the forms contained therein of schedule to be returned. sheriff Approved December 30, 1837. No. 54 AN ACT for the partition of the half breed lands, and for other purposes. WHEREAS, it is expedient, in order to the settlement of that tract of land lying between the Mississippi and Des Moines rivers, commonly called the "half breed lands," which was reserved for the half breeds of the Sacs and Fox tribes of Indians, by a treaty made at Washington city, between the United States and those tribes, on the fourth of August, 1824, which was released to said half breeds with power to convey their rights, &c. by act of congress approved the 30th of June, 1834, that the validity of the titles of the claimants should be determined, and partition of said lands among those having claims should be made, or a sale thereof, for the benefit of such valid claimants: Now, therefore, Claiments SECTION 1. Be it enacted by the council and house of representative of to make the territory of Wisconsin, That all persons, claiming any interest in said application lands under said treaty and act of congress, are hereby required within one within one year from the passage hereof, to file with the clerk of the distinct court of year, and the county of Lee, Wisconsin territory, a written notice of their respective how claims, designating the half breed under which they respect- [The rest of this page was cut-off on the microfilm] [Microfilm Page 5] Page 194 JOURNAL OF THE COUNCIL June 15. The Speaker announced a communication from the Secretary of the Territory, accompanied by the returns made in pursuance of an act, to provide for the taking of the census or enumeration of the inhabitants of the Territory: Which was as follows, to wit: SECRETARY’S OFFICE, Burlington, June 15th, 1838} To the Honorable the President of the Council: Sir -- I have the honour herewith to transmit to the Council, an abstract of all the returns which have been made to my office, in conformity with the law of the last session, providing for the taking of the census of the Territory. Respectfully, W.B. Slaughter, Secretary of Wisconsin Territory. Hon. Arthur Ingharam, Pres. Of the Council EAST OF THE MISSISSIPPI RIVER Counties. Population. Crawford 1220 Green 494 Iowa 3218 Dane 172 Milwaukee 3131 Jefferson 468 Dodge 18 Washington 64 Racine 2054 Rock 480 Walworth 1019 Grant 2763 Grown 3048 Total 18,149 WEST OF THE MISSISSIPPI RIVER Counties. Population. Louisa 1180 Jackson 881 Jones 241 Linn 205 Des Moines 4605 Muscatine 1247 Clinton 445 Scott 1252 Du Buque 2381 Johnson 237 Cedar 557 Van Buren 3174 Henry 3058 Clayton 274 Slaughter 283 Lee 2839 Total 22,859 East of the Mississippi River, 18,149 Grand Total, 41,008 [End of transcription]
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