pg 67

Henry Dodge, a hero of the Black Hawk war, was made governor of Wisconsin, and immediately began to interest himself in procuring further cessions of lands from the Indians. Already the settlers in this county had been looking with longing eyes on the fertile lands contained within the four hundred square miles set apart for Keokuk by the treaty of the Black Hawk Purchase made in 1832, and they were extremely anxious that the Indian title to that land should be obtained by the government, so that it could be thrown open to settlement. Indeed, many of the settlers had either taken up claims on the Keokuk reserve, regardless of the Indian title, or had bought Indian claims. This Keokuk reserve has been described in so many different publications, and in so many different ways, that there are many conflicting views extant as to its original shape ana its precise location.

Dr. Pickard, in his historical lecture upon the Indians of Iowa, has a map which gives it in one form; Dr. Salter gives it in a different form, and both of these usually excellent authorities are wrong. From the fact that this reservation included a considerable part of the best land in this county, including also the sites of several of its important towns, we deemed it best to procure an accurate description of it.

It will be remembered that by the treaty of 1832, this reserve was to be marked off under the direction of the president of the United States. Accordingly, it was surveyed by "Charles De Ward, assistant surveyor for William Gordon, surveyor." The survey was commenced on April 30, 1835, and finished in October, 1835. Robert Neil, and Joseph Prepe were chain carriers; Etienne Tourville was axman, Francis Roy was flagman, and Michael Dennis, Coles Olivier and Narcis Blaycamp were the camp keepers and hunters. The shape and location of this reserve is shown on the map of Louisa county as it was first established, which appears elsewhere in this work. This map was prepared by W. S. Kremer, county surveyor of Louisa county, and according to his judgment the southeast corner of the Keokuk reserve was situated about fifty-two rods (13 chains) south of the quarter post between sections 16 and 21, township 73 north, range 2 west, and extended north twenty-nine degrees west forty-two miles and thirty chains to the Indian boundary line. It extended thence southwest along the Indian boundary line nine miles and thirty-sever, and seventeen hundredths chains, thence south 29 degrees east 42 miles and 30 chains, to a...

pg 68

... point a little south of latitude 41 degrees; thence north 28 degrees east to the place of beginning. The starting point was on the north side of the Iowa river and the line seems to have crossed the Iowa river almost exactly at the mouth of Smith creek. Keokuk's principal village is noted as being on the south or southwest side of the Iowa, a little north of the mouth of Smith creek and quite a little distance below Otter creek. Wapello's village seems to be pretty near where Wapello now is. These are the only two Indian villages shown in Louisa county.

The information we give in regard to the Keokuk reserve is derived from a certified copy of the original blue print, and a portion of the field notes, and was furnished by the commissioner of Indian affairs. On this blue print the Iowa river is called "Iowa or Lecotosikay" river, the Cedar is called "Red Cedar, or Mesquawaquay river," while our Long creek has the name of.Pacananico river, and Goose creek is compelled to struggle along under the name of Colaquatuckico.

The Keokuk reserve was ceded to the United States by a treaty made on the right bank of the Mississippi river, opposite Rock Island, September 28, 1836. Henry Dodge was the commissioner on the part of the United States. There was a very large representation of the Sac and Fox Indians present and this treaty was signed by several Indian chiefs, including "Wapella," "Powasheek," Keokuck and Pashapahoo. This treaty refers to the fact that in the former treaty (1832) a reservation of four hundred sections of land was made to the Sac and Fox Indians to be laid off under the direction of the president of the United States, and states that it had been so laid off.

James W. Grimes, afterwards governor and United States senator, acted as Governor Dodge's secretary in negotiating this treaty, and the treaty was witnessed by Antoine LeClaire. the noted interpreter, P. R. Chouteau, Jr., George Davenport, George Catlin and L. D. Stockton, afterward one of the justices of the Iowa supreme court; also by Jeremiah Smith, Jr., who was one of the original proprietors of Lower Wapello.

It provided for the payment, to and for the Indians, of various sums aggregating about $195,000, and this made the lands cost the government a little over seventy-five cents per acre. As this treaty has an important bearing on Louisa county's history, we give the account of it as found in "Iowa Historical Record." Vol. 8, as follows:

"The two bands of Foxes (Wapello's and Poweshiek's) were camped on the west side of the Mississippi on the slope of the bluffs opposite Rock Island. At a distance the encampment looked picturesque, as the Indians arrayed in their green or red blankets flitted about the bulrush and bark tents, their horses browsing on the bluff tops. The scene appeared like a picture of an Arab encampment. A nearer view showed the dirty paraphernalia of skinning, jerking meat, and cooking, around the tents.

"Half a mile above, nearer the river bank, on a kind of promontory, were the more neatly arranged tents of the Sacs, in the form of a crescent. Above them, fronting the hollow of the crescent, was the council lodge. At one end were Governor Dodge, Captain Boone, Lieutenant Lea, General Street and the traders: on the east side were the tawny warriors decked in their finery, the mass of them standing, the chiefs and headmen sitting in front, all listening to the ...

pg 69

… propositions of the governor, and as each sentence was interpreted, signifying their approbation by the exclamation, 'Hugh!'

"Wapello commands respect amid his apparent indifference and air of nonchalance. Appanoose is a young looking fellow, talented but dissipated. Pasha- popo, with his uncombed, unshorn hair, and his fierce countenance, is rendered hideous by smearing it fantastically with black.

"Keokuk is of noble countenance, fine contour, tall and portly; his chest, shoulders and right arm bare, save a necklace of bears' claws, and a large snake skin encircling and pendant from his right arm. In the left hand he sported a fine Pongee silk handkerchief. The snake skin was lined with some rich material, and had little bells attached to it, giving a tinkling sound at every gesture that added grace and impressiveness to his elocution. He advanced with stately step; the trappings of his white buckskin leggings set off his finely formed and comparatively small foot to advantage. He advanced to the governor's stand and shook hands with him. Then, falling back half a dozen steps, with eyes fixed on the governor, he began his speech. His voice rang clear as a trumpet. Fluent in words, he was energetic and graceful in action."

George Catlin in his account of the treaty gives an incident which shows how rapidly the county had been settling up and the encroachments that had already been made upon the Indian lands.

"After the treaty was signed and witnessed, the governor addressed a sensible talk to the chiefs and braves and ended by requesting them to move their families and property from this tract within a month, to make room for the whites. The chiefs and braves broke into a hearty laugh, which one of them explained: 'My father, we have to laugh—we require no time to move—we have left our lands already and sold our wigwams to chemokemons (white men)—some for one hundred, some for two hundred dollars, before we came to this treaty. There are already four hundred chemokemons on the land and several hundred more on their way, moving in; and three days before we came away one chemokemon sold his wigwam to another chemokemon for $2,000, to build a great town.'"

It is evident that the "great town" here referred to was none other than Wapello, because that was the only prospective town on the Keokuk reserve at that time. In accordance with this treaty, the Indians left the country very soon, settling on the Des Moines river, and this removed the last obstacle to the organization of county government.

On the 7th of December. 1836, Governor Henry Dodge approved an act of the territorial legislature of Wisconsin, entitled "An Act Dividing the County of Des Moines into Several New Counties." This act was passed before the land surveys were completed through the county and possibly before the surveyors had reached this county, as the surveys of land in Iowa began at the south, and hence the boundaries given for the various counties are natural objects instead of range and township lines.

In order to understand the boundaries of Louisa county as then given, it will he necessary to read the sections of the act preceding the one in which Louisa county is named, and we therefore insert the first five sections of the act.

"Section 1. Be it enacted by the council and house of representatives of the territory of Wisconsin, That the country included within the following limits, to wit: beginning at the most southern outlet of Skunk river, on the Mississippi; ...

pg 70

… thence a northern direction passing through the grove on the head of the northern branch of Lost Creek, ana thence to a point corresponding with the range line dividing range seven and eight, and thence south with said line to the Des Moines river; thence down the middle of the same to the Mississippi, and thence up the Mississippi to the place of beginning, be and the same is hereby set off into a separate county, by the name of Lee.

"Section 2. Be it further enacted, That the country included within the following boundaries, to wit: beginning at the northwest corner of Lee; thence south with the west line of said county to the river Des Moines; thence up the same to where the Missouri line strikes the same; thence west with the said Missouri line to the Indian boundary line; thence north with the said boundary line twenty-four miles; thence east to the beginning; be and the same is hereby set off into a separate county, by the name of Van Buren.

"Section 3. Be it further enacted, That the country included within the following limits, to wit: beginning on the Mississippi river, at the northeast corner of Lee; thence up said river to a point fifteen miles above the town of Burlington, on the bank of said river, thence on a westerly direction to a point on the dividing ridge between the Iowa river and Flint creek, being twenty miles on a due west line from the Mississippi river; thence a southerly direction, so as to intersect the northern boundary line of the county of Lee, at a point twenty miles on a straight line from the Mississippi river; thence east with the northerly line of the said county of Lee to the beginning, be and the same is hereby set off into a separate county, by the name of Des Moines.

"Section 4. Be it further enacted. That the country included within the following limits, to wit: beginning at the southwest corner of Des Moines: thence northwest with the line of said county of Van Buren to the Indian boundary line; thence north with the said boundary line twenty-four miles; thence southeast to the northwest corner of the county of Des Moines; thence south with the west line of the county of Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Henry.

"Section 5. Be it further enacted, That the country included within the following limits: beginning at the Mississippi river, at the northeast corner of Des Moines; thence up said river twelve miles above the mouth of Iowa; thence west to the Indian boundary line; thence with said boundary line, to the northwest corner of Henry and with the line of the same, to the northwest corner of the county of Des Moines; thence east with the line of the same county of Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Louisa." The map here given shows the original extent of Louisa county; it included nearly a fourth of Des Moines county, the southeastern part of Washington county, including the present site of the city of Washington; and also a considerable part of Henry county."

There has been some controversy in times past and probably will be in the future as to the origin of the name of Louisa county. Tuttle in his "History of Iowa," says: that Louisa county was named for a young woman who shot a man. Judge Charles Negus, formerly of Fairfield, in the "Annals of Iowa," for April, 1869, says the county was named for Louisa Marsey. Other authorities, including Flickinger and B. F. Gue state that the county was named for ...

Photo of Map of Original and Present Boundaries of Louisa Co.

pg 71

... Louisa Massey, an early resident of Dubuque. This is the view taken in the "Iowa Historical and Comparative Census" published in 1880.

Dr. John Bell, Jr., who was always ready, but not always prepared, to make a speech, delivered an address before the Louisa County Pioneer Settlers' Association, February 22, 1861, in which he has this to say in regard to the origin of the name:

"The origin of the name Louisa is quite a romance; it occurred some way thus: Two brothers came to this territory in an early day, and after exploring the country for some time, finally concluded to stop and prospect for lead in the neighborhood of Dubuque. After working some time, one of them, on going into an old digging that had been abandoned, struck a fine lead. This excited the cupidity of a man named Brown, who immediately laid claim to the old diggings. High words ensued, and ended in Brown killing Marcy on the spot. He died, leaving two small children. Louisa Marcy, his sister, hearing of the death of her brother, resolved to bring his murderer to punishment. She came, and on being told that there was no law to punish any one for the crime of murder, resolved to avenge her brother's death. Arming herself and taking one of the children, she followed Brown, and ascertaining where he was to be found, met him and demanded if his name was Brown, and if he had killed Marcy; on his answering in the affirmative, she immediately drew a loaded pistol, saying, 'Wretch! I am my brother's avenger; thou shalt die!' Before the last sentence was completed she fired, killing him almost instantly. This heroic deed occurred about the time the commissioners were engaged running the boundaries of this county: and in admiration of the brave girl's courage, they called this county Louisa. Her subsequent history was as follows: A wealthy merchant of St. Louis, hearing of the circumstance, and in admiration of the girl's courage and bravery, sought her out, made her acquaintance, and married her, and took her to St. Louis, where the city gave her a public ovation. She died a few years after, loved and esteemed by all who knew her. Such is the circumstance that gave our county its name."

This address was published in pamphlet form with other proceedings of the association and was quite widely circulated at that time, and it has long been the opinion of the writer that this address, notwithstanding the mistake in the name of Massey, and in giving Brown instead of Smith, and in having the man killed instantly—notwithstanding all these mistakes, that this was the main authority for the Louisa Massey story, which seems to have become so prevalent. Quite general local circulation to this story was given in a somewhat different form by an old settler of the county, Obadiah Garrison, frequently called "the Major," who gave the name of the young lady correctly as Louisa Massey, but who with a number of other embellishments added the statement that she was tried for the murder at the mouth of the Iowa river, and that he was on the jury which acquitted her. The nearest we have come to anything that seems like fair authority for the Louisa Massey story concerning the origin of the name of this county is found in the writings of Lucius H. Langworthy, of Dubuque, in the "Iowa Journal of History and Politics" for July, 1910, on Page 386, which is as follows:

"Woodbury Massey was the eldest of several brothers, and a sister, all left orphans in early life. Himself and family were members and the chief founders of the first Methodist church erected in this city; a man of fine education; polite and amiable in his disposition; one of our first merchants and ...

pg 72

…possessing a large share of popular favor. He was enterprising in business and upright in all his dealings. Had he lived, he would no doubt have proved a main pillar and support in our young community. But in an evil hour he became the purchaser of a lot and lode, called the Irish lot near where Mr. McKenzie now lives.

"It appears that a Mr. Smith, father and son, had some claim on this lot and lode. They were the exact opposite to Mr. Massey in character and disposition. A suit before a magistrate grew out of this claim and the jury decided the property to belong to Mr. Massey. It being a case of forcible entry and detainer, the sheriff, as was his duty, went with the latter to put him again in possession of the premises.

"When they arrived upon the ground, the two Smiths, being secreted among the diggings, rose up suddenly, and firing their guns in quick succession, Mr. Massey was shot through the heart. His family living near by, saw him fall, thus early cut down in the prime of his life and usefulness, a victim to the unsettled state of the times and the ungoverned passions of turbulent men. The perpetrators of this deed were arrested and held in confinement until the session of the circuit court at Mineral Point, Judge Irvin presiding upon the trial. The counsel for the defense objected to the jurisdiction of the court, which was sustained by the judge and accordingly the prisoners were discharged and let loose upon society. They, however, left this part of the country for a time.

"One of the younger brothers of Mr. Massey, highly exasperated by this transaction that no trial could be obtained for such offenders, had determined it seems, that should the elder Smith ever come in his way he would take the punishment for the murder of his brother into his own hands. One day, while sitting in his shop at Galena, he chanced to see Smith walking the public streets of the place when instantly snatching a pistol and hastening in the direction, he fired upon him with fatal aim. Thus Smith paid the forfeit of his life by intruding again among the friends of the murdered man, and in the community which had witnessed the scenes of his violence.

"For this act of the younger brother there seems to have been the broadest charity manifested. He was never tried, or even arrested, and still lives in the country, a quiet man, and greatly respected by all who knew him.

"The death of the father of course, soon brought the younger Smith to the mines. It was understood privately that he determined to shoot one or the other of the surviving brothers at the very first opportunity. He was known to be an excellent shot with a pistol, of imperious disposition and rash temper. These rumors finally reached the ears of the fair haired, blue eyed sister, who was thus made to believe that he would carry his threats into execution. She was just verging into womanhood, with fresh susceptibilities and all of her deep affections awakened by the surrounding difficulties of the family. One day, without consulting others, she determined by a wild and daring adventure, to cut off all chances of danger in that direction. Disguising herself for the occasion and taking a lad along to point out the person she sought, having never seen him herself, she went into the street, Passing a store by the wayside, the boy saw Smith and designated him from the other gentlemen in the room by his clothing. On seeing him thus surrounded by other men. one would suppose that her nerves would lose their wonted firmness. He was well armed and resolute...

pg 73

… in character, this she knew; yet stepping in amidst them all, in a voice tremulous with emotion and ominous in its tones, she exclaimed, 'If you are Smith,, defend yourself.' In an instant, as he arose, she pointed a pistol at his breast and fired; he fell, and she retired as suddenly as she appeared. It was all done so quickly and seemed so awful that the spectators stood bewildered at the tragical scene until it was too late to prevent the disaster.

"It so happened that Mr. Smith had at the time a large wallet filled with papers in his breast pocket. The ball striking about its center, did not of course penetrate all of the folded leaves, and thus providentially his life was spared.

"Smith soon recovering from the stunning effects, rushed into the street to meet his assailant; but she had fled and found shelter at the house of Mr. Johnson, a substantial merchant of the town, and was subsequently sent away by her friends here, to some relatives in Illinois, where she was afterward married to a Mr. Williamson, formerly of this place. Her name, Louisa, has been given to one of the counties of our state. Smith lived several years, but the wounds probably hastened his death. She is also dead, and it is to be hoped that God's mercy has followed them beyond earth's rude strifes and that they dwell in peace in a purer and better world."

The lecture from which the foregoing is taken, was delivered at Dubuque, in December, 1854, and is the first recorded claim that we have been able to find of this alleged origin of the name. We have also found in Vol. 15 of the "Wisconsin Historical Collections," in the journal of Alfred Brunson, D. D., an interesting reference to the Massey story. Mr. Brunson's article is entitled "A Methodist Circuit Rider's Horseback Tour from Pennsylvania to Wisconsin, 1835." His "tour" seems to have begun on September 5, 1835, and we quote as follows:

"November 12, left Galena and rode to Dubuque and held quarterly meeting for this mission on the 14th and 15. . . . The lands were not in the market and the only claim to it consisted of occupancy and consequently conflicting claims for valuable mineral grounds frequently occurred, which were oftener settled by might of the parties than the decisions of law. A few weeks before my arrival at this place one (of) our valuable brethren was shot dead at a mineral hole, while contending for his right, by two men, father and son, named Smith. They were committed to prison and indicted for the murder, the father as principal and the son as the accessory, but ... it was found the courts had no jurisdiction over the case and the prisoners were discharged. The people, however, feeling indignant at the offender, called a public meeting to try Smith in the true democratic form, and but for his escape would have hung him, as they had done one of a similar character before. Smith, however, returned to the mines in the ensuing winter and a brother of Massey who was murdered shot him down in the streets in Galena in open day and then made his escape, no one caring to pursue him under the circumstances of the case. Not long after, the younger Smith appeared in Dubuque and a maiden sister of Massey shot him in a store and would have killed him, but for his pocketbook, against which the ball of her pistol struck. Shooting and dirking were so common, however, that little notice was taken of it, unless death ensued; nor even then, if it was considered justifiable homicide. Miss Massey, therefore, was not molested, but soon after left the country."

pg 74

Unless this incident excited more interest in Belmont in 1836, than it seems to have done in Dubuque at the time it occurred, it may well be doubted that it had any thing to do with the naming of the county.

It has always been the understanding of the writer—an understanding which he gained from Francis Springer, John Hale and others, that the name was given to the county in honor of Louisa county, Virginia. One authority for this statement was William L. Toole, who said in the "Annals of Iowa," Vol. 6, No. 1, in referring to the act of the Wisconsin legislature, establishing Louisa county that, "said legislature gave the name of Louisa to our county, through the influence of members thereof, who were formerly of Virginia, in honor of Louisa county, Virginia, and contrary to the wishes of or consultation with the citizens thereof, who would have preferred the name of Washington, Jefferson or Monroe. Some agitated the proposition of a change of name then, and some are still dissatisfied with the name, and desirous of a change which may yet get into shape and the subject be properly brought before the legislature.'' It is true that William L. Toole was somewhat advanced in years when he wrote the article in the "Annals" but it is also a fact that he was one of the very best posted men to be found anywhere in regard to the old settlers of Louisa county. He came to the county certainly as early as 1836 and was a member of the first board of county commissioners, and was a member of the territorial legislature in 1838-9. Mr. Toole was also a member of the first constitutional convention of Iowa Territory, held in 1844. Through the courtesy of Dr. Reuben G. Thwaites, we are enabled to present herewith the records of the action of the territorial legislature of Wisconsin, on the bill which named Louisa county, as shown by its journals: "October 28, 1836, Mr. Chance presented a petition from the inhabitants of Des Moines county, praying for a division of the county. Mr. Jenkins presented a similar petition, but both were laid upon the table.

"November 17, 1836, Mr. Leffler reported a bill from the select committee chosen therefore, dividing the county of Des Moines into six new counties. The names of the select committee are nowhere given in the record, but by analogy with the other committees for similar purposes, I take it that it was composed of the entire delegation from Des Moines county. Mr. Teas presented a minority report, and Mr. Box moved the majority report be rejected. Mr. Leffler moved that the order to reject be laid on the table.

"November 18, 1836, this matter was taken up and Mr. Leffler moved that the motion to reject the majority report be considered; it was so done and decided in the negative.

"November 30, 1836, on motion of Mr. Leffler the house went into a committee of the whole to consider the bill, which when the committee rose, was reported with amendments. These were adopted. Mr. Teas moved to lay the bill upon the table, but his motion was lost. This bill then passed through its three readings, was approved (without discussion) by the council and signed December 7th, by the executive."

It will appear from this record that Isaac Leffler fathered the bill in the house, and we are informed that Arthur B. Inghram looked after the bill in its passage through the council. It is said that Isaac Leffler was born in Washington county, Pennsylvania, but that he served for a number of years in the Virginia legislature and was also at one time a representa-...

pg 75

... tive in congress from that state, and if this should be true, it would add some weight to the story as given by Mr. Toole.

At all events the county was named Louisa and started to do business under that name. The beginning of things in an official way in Louisa county, Wisconsin Territory, seems to have been on January 17, 1837, when the first town plat of "Wapellow" was recorded by Zadok C. Inghram, "clerk and recorder of Louisa county, Wisconsin Territory." As we have already seen, Mr. Inghram lived in Burlington in 1836. Among his other accomplishments he was a school teacher, and taught the first school held in Des Moines county in a house in Burlington, belonging to W. R. Ross, who was the first postmaster in Burlington. The first record book is a unique affair and consists of seven double sheets of foolscap, sewed together in the middle, and, beginning on the side, which shows the plat of "Wapellow," there are a number of instruments recorded up to and including page 12. One is the appointment by Samuel Smith, sheriff, of William H. R. Thomas as under sheriff, and is dated April 10, 1837. Another is the appointment by Martin Harless, sheriff, of Cavil M. McDaniel, as under sheriff, and this is dated February 9, 1838.

Another instrument is the official bond of Cavil M. McDaniel, as sheriff, dated February 21, 1839, and signed by Jeremiah Smith, J. Wilson Isett. A. J. Bevins, R. S. Searl and Riley Mallory, in the sum of $5,000, and recites that McDaniel had been appointed sheriff on January 18th last.

The remainder of the twelve pages before referred to, is taken up with the record of various official oaths, principally justices of the peace, among them being J. Ronalds, Jacob Mintun, Hiram Smith, Christopher Shuck, William Milligan, Maxamilian Eastwood, and Richard W. Gwin.

There is one curious instrument found recorded here as follows:

"Be it remembered that on the 15th of September, 1830, we the Elders of the Church of God at Union meeting house Nicolas county, Kentucky, solemnly set apart James R. Ross by prayer and laying on of hands, to the office of and Elder in the Church, we therefore recommend him to favor and respect.
"Given under our hands &c.
“Abraham Shrout
Peter Hon.”

To this is appended the certificate of Clerk Inghram, stating that the foregoing "certificate of ordination" was filed for record on the 11th of June, 1838. and duly recorded.

The next official business of which we have any record is that of the first term of the district court ever held in this county. This record occupies twelve pages of the record book to which we have just referred, and we give the record of that term of court just as it is found in this little book:

At a District Court for the County of Louisa begun and held at Wapello on Thursday the 20th day of April A. D., 1837.
Present:

The Honle. David Irvin Associate Judge of the Supreme Court and Judge of the 2nd Judicial District.
W. W. Chapman, District
Atto. U. S.

pg 76

The Court being satisfied of the character and qualifications of Zadok C Inghram doth appoint him Clerk of this Court, and thereupon the said Zadok C Inghram with William Milligan and Isaac H Rinearson his securities came into Court and entered into bond in the penalty of two thousand dollars conditioned according to law—and the said Zadok C Inghram took and subscribed the oath of office.

(SEAL),

Ordered that James W. Woods be appointed District Attorney for Louisa County Pro Tem.

On motion of William W Chapman District Attorney of the United States it is ordered by the Court that a venire facias for a grand jury on behalf of the United States issue returnable forthwith.

The Marshall returned into Court the venire facias with the following persons summoned as grand jurors viz Phillip B. Harrison, Isaac H. Rinearson, C. A. Ballard, John Millard, James Gordon, Thomas England, Jeremiah Smith, Martin Harless, Reuben C. Mason, Phillip Maskel, Henry Slaughter, Thomas Stoddard, David E Blair, William H. Creighton, James Irwin, Christopher Shuck, Thomas Blair and William Guthry from whom Phillip B. Harrison was selected as Foreman who together with his fellows aforesaid were sworn and solemnly charged by the Court and sent to their Chambers to consider of Presentments and Indictments.

Ordered that the Foreman of the Grand Jury of the United States be impowered to subpoena and swear witnesses.

The Grand Jury of the United States returned into Court and having no business before them were discharged.

On Motion of J. W. Woods, District Attorney pro Tem for this County the venire facias issued by the Clerk for a Territorial Grand Jury be set aside and a venire facias issue returnable forthwith.

The Sheriff returned into Court the venire facias this day issued with the following persons Phillip B. Harrison, Isaac H. Rinearson. Jeremiah Smith. Reuben C. Mason, Phillip Maskel, Henry Slaughter, Thomas Stoddard, David E. Blair, William H. Creighton, James Irwin, Christopher Shuck, Thomas Blair, William Kennady, Francis A. Roe, William Fleming, William H Dennison and William Dupont summoned as Grand Jurors for the territory from whom Phillip B. Harrison is selected as Foreman who together with his fellows were sworn and solemnly charged to consider of Indictments and presentments.

Ordered that the foreman of the grand Jury last aforesaid be impowered to subpoena and swear witnesses.

On Motion of Rufus P. Burlingame by Chapmann his Attorney a licence is granted him to keep a ferry across the Iowa River at the Iowa Town for one year whereupon the said Burlingame with William Guthrie his security came into Court and entered into a Recognisance in the penalty of one hundred dollar conditioned according to law.

On Motion of William Milligan by Chapman his attorney a licence is granted him to keep a ferry across the Iowa river at the town of Wapello for one year...

pg 77

... and thereupon with the said William Milligan came into Court and entered into a Recognisance conditioned according to law with Martin Harless his security.

On Motion of William H. Dennison by Woods his attorney a license is Granted him to keep a ferry across the Iowa river at the town of Mount Sterling for one year and thereupon the said William H Dennison came into Court and entered into a Recognisance conditioned according, to law with William Kennedy his security.

On motion of John Ronalds, Reuben S. Searl and William Kennedy by Chapman their attorney a licence is granted them to keep a ferry across the Iowa river at the town of Harrison for one year and thereupon the said John Reynolds, Reuben S. Searl and William Kennedy came into Court and entered into a Recognisance Conditioned according to Law with William Milligan their security.

Ordered that the Court adjourn until tomorrow morning ten Oclock.     ~     D. Irwin, Judge.

Friday, April 21st A. D. 1837 Court met pursuant to adjournment. Present The same Judge.

On motion of Nelson Dethrick by Woods his attorney ordered that a Licence be Granted him to keep a ferry across the Iowa river at the Central Wapello town for one year whereupon the said Dethrick with William W Adams his security came into Court and entered into a Recognisanca in the penal sum of one hundred dollars conditioned according to law.

On motion of Phillip B. Harrison by Woods his attorney ordered that a licence be Granted him to keep a ferry across the Iowa river at the town of Florence for one year whereupon the said Harrison with Jeremiah Smith his security came into Court and entered into a Recognisance in the penal sum of one hundred dollars conditioned according to law.

Presley Chalfant vs. William Dupont.

Ordered that the Defendant Plead in one month, and Plaintiff Reply by the first of July thereafter and further pleadings within fifteen days successfully* until issue.

Ordered that a rule be taken against Francis A. Roe one of the Grand jurors sworn and charged at the present term of the Court to appear at the next term of this Court to show cause why he shall not be fined for absenting himself without leave of the Court.

Ordered by the Court that the rates of Ferrage at the several ferries licensed in the County be as follows:

For each man on foot	12 1/2
For each man and horse	25
For each waggon & two horses	75
For each additional horse	12 1/2
Waggon & one yoke of oxen	75
Additional yoke of oxen	25
Loose cattle each	10
For sheep, hogs, goats & c each	6.25

and that the said Ferries be kept in operation from sun up till sun down each day.

•Successively.

pg 78

Ordered that it be certified that the persons attending this Court as Grand Jurors on behalf of the United States be allowed for one days attendance.

Ordered that the persons attending this Court as Grand Jurors on the part of the Territory be allowed for two days attendance.

Ordered that William W Chapman District Attorney of the United States be allowed for two days attendance on this Court and one hundred and sixty miles travel.

Ordered that the Marshall be allowed for two days attendance upon this Court and for thirty miles travel and for summoning a grand jury.

John H Benson one day	12	miles travel
Orien Briggs one day	12	miles travel
William Kennedy one day	6	Do
David Russell one day	20	Do
Wesley Swank one day	24	Do
Joseph Carter one day	22	Do
Nathaniel Prime	20	Do
William Dupont	24	Do
William H Lee	12	Do
John Kem	8	Do
David Linn	16	Do
Abraham Wigant	2	Do
Peter Wigant	2	Do
David M. Hanson	2	Do
William H Dennison vs William Fleming —Debt on Note.

                    This day came the defendant by his attorney (Chapman) and moved to quash the writ upon the grounds first, that there is no seal and there is no endorsement by attorney or other competent person which motion being sustained, it is adjudged and ordered that said writ be quashed.

United States vs Thomas D Kellough—Indictment for Assault and Battery.

United States vs Isaac Parsons—Indictment for Assault and Battery.

United States vs John Westfall—Indictment for Assault and Battery.

United States vs Joseph Carter—Indictment for Assault and Battery.

United States vs James Gordon & Joshua Smith—Indictment for Gaming.

United States vs John Kern —Indictment for Assault and Battery.

United States vs Joshua Smith—Indictment for Gaming.

United States vs William Kennedy—Indictment for Assault and Battery.

United States vs James Gordon—Indictment for Gaming.

United States vs John W Fergason—Indictment for Assault and Battery.

United States vs Samuel S. Gorly—Indictments for Assault & Battery.

United States vs Orien Briggs, Robert Briggs and John W Fergason—Indictment for Affray.

Ordered that bail be taken in the sum of fifty-five dollars, process of capias to issued returnable to the next Court.

Ordered that the Court be now adjourned until the next term thereof.     ~    D. Irwin, Judge

Photo of document of Samuel Smith’s Oath of Office and Signatures of Christorpher Shuck, the first settler, and J. W. Ferguson, the first school teacher.

pg 79

This term of court was held in what was then called Lower Wapello, the legislature having located the county seat at that place. This subject will be discussed more in detail when we come to the history of Wapello, but it may be well enough now to say that the court house then used was made of cottonwood logs or poles, and the stand from which Judge Irvin dispensed justice was an ordinary dry-goods box, upon which was a split bottom chair. The grand jury held its sessions in a sort of cave, or hollow, in the river bank, and the petit jury conducted their deliberations a part of the time at least in a movable calf pen.

As appears by the foregoing record, Zadok C. Inghram was appointed clerk on the first day and gave his bond, but there is no doubt of his having been appointed clerk some time prior to January 17, 1837, although we have not been able to find any record of it. This was doubtless done under an act of the territorial legislature of Wisconsin, approved November 17, 1836, authorizing the judges of the supreme court for the several counties, to appoint a clerk of each court of their respective districts, previous to the holding of the first term of court. Under the law the clerks so appointed were to hold their several appointments until the first term of the court for which they were appointed, and until their successors were appointed and qualified; acting under this law, Mr. Inghram had been appointed to hold until the first term of court, and this necessitated his appointment again on the opening of court. Mr. Inghram held this office for ten years, and was indeed the pioneer laborer in the work of organizing the county and putting its official machinery in motion. Through the kindness of Thomas Newell, we are able to present herewith a picture of Mr. Inghram, which has been in possession of Mr. Newell's mother for a great many years. After leaving this county, Mr. Inghram went to Missouri, where it is understood that he died in 1883.

The sheriff at this term of court was Samuel Smith, who was appointed to this office by Governor Dodge, on December 8, 1836, the next day after the law establishing Louisa county took effect. At the same time the Governor appointed the following justices of the peace for this county: William Milligan, Christopher Shuck, Isaac Rinearson and William L. Toole. These justices and Sheriff Smith were confirmed by the council on the day following their appointment. There has been a great deal of difference of opinion expressed at different periods as to who was the first sheriff of the county. It has been variously contended that Martin Harless, C. M. McDaniel and William H. R. Thomas were each entitled to this distinction. Dr. John Bell in his old settlers' address, to which we have before referred, discussed this subject and while he was in error as to his opinion, we quote what he says for the purpose of rescuing from oblivion an interesting, and as we understand, true anecdote, concerning the appointment of Martin Harless, who was our second sheriff:

"Old Cal, as we used to call him, was not, as generally supposed, the first sheriff of Louisa county. One Martin Harless had that honor. Being up at Wapello when the first court was organized, he had the good fortune to be appointed sheriff. Feeling highly elated over his good luck, he got fuddled, and on going home, his wife noticed that there was a great change in his manner; there was something mysterious in his conduct. After several vain attempts she succeeded in removing his secret—he, Martin Harless, was high sheriff of Louisa county. One of the children, hearing of their good ...

pg 80

…fortune, rushed forward and wanted to know if they were all sheriffs. The old lady took the boy a whack, exclaiming, 'No, fool! nobody is sheriff but your dad and I.'"

In order to convince all doubting Thomases or doubting McDaniels that we are correct as to Sheriff Smith, we give herewith a fac simile of the oath of office taken by him before Clerk Inghram, February 18, 1837. We have not learned much about the history of Samuel Smith. It is quite likely that Smith creek, down below old Florence, was named after him, as he took up a claim located on Smith creek and not far from the mouth of it. It was said that he was under sheriff of Des Moines county at the time Louisa county was organized and that his appointment as sheriff was largely due to that fact. We see in the executive journal edited by Dr. Shambaugh, that in 1839 Governor Lucas appointed a Samuel Smith to be sheriff of Henry county. This may have been the same person.

There has likewise been doubt and uncertainty as to the name and membership of the board which transacted the first business of the county. For the last forty years, at least, it has been supposed that the earliest record of the transactions of such a board was to be found in the "Commissioners' Record, Book A," being the record of the commissioners' court, which begins on April 2, 1838. In a work edited by the Acme Publishing Company, in 1889, relating to Louisa county, though chiefly biographical, it was said that William Milligan, Jeremiah Smith and John Reynolds (Ronalds) were the county commissioners who organized the county and held their first meeting, April 22, 1837, and that they appointed Z. C. Inghram clerk of the commissioners' court. It is also stated that no record could be found of a meeting of this board and that the first record was that beginning April 2, 1838. A few years ago O. I. Jamison, editor of the Columbus Junction Gazette, spent considerable time in investigating and writing up the early history of the county and he seems to have concluded that the story as to Milligan, Smith and Ronalds was without foundation, as he speaks of it as a tradition. Fortunately, we are able to set all doubts upon this subject at rest, having found in the attic to the court house woodshed, among many other old books and important documents relating to our early history, the record book of the first official board of the county. The board which made this record was not a board of county commissioners, nor a commissioners' court, and not so called. It came into existence by virtue of a number of acts which had been adopted in the territory of Michigan, and which were made to apply to Wisconsin. These various Michigan acts provided for the election of supervisors, we believe one for each township, and specified their powers and duties. In December, 1836, the Wisconsin legislature passed an act to amend the several Michigan acts referred to and provided that each county should be declared one township for all purposes of carrying into effect the above acts, and that at the annual town meeting there should be elected in each county three supervisors who should perform in addition to the duties heretofore assigned them as a county board, the duties heretofore performed by the township board. This act also provided for the election of one township clerk, who should be clerk to this board of supervisors.

Inasmuch as this book throws a flood of light upon the institutional beginnings in this county, we give a fac simile of a few of the twenty-one pages, which record the doings of this pioneer "bord."

Photos of page 1 & 2 Supervisor’s Record

pg 81

We have been unable to find the record of the election which was held in the spring of 1837, when this "bord" was elected. It appears that one of the three members of the board failed to qualify and that some of the other officers elected failed to qualify, and the first act of this board after appointing Mr. Inghram clerk pro tem. was to order an election to be held on the 6th of May following, for the purpose of electing one supervisor, constables, assessor, collector, director of the poor, fence viewer and all other officers required to fill vacancies caused by those previously elected, failing to "qualefy" in due time. This meeting of the board was held at the house where court was last held, as was also the next meeting on May 12th. The meeting on the latter date was a special meeting. At this meeting the first allowance made was of $10 to Z. C. Inghram, but the purpose for which it was allowed is not stated. Samuel Smith, sheriff, was also allowed $13, and William H. R. Thomas, deputy sheriff, was allowed $1.50. Nearly three pages of the record are taken up with allowances made to the grand jurors and petit jurors of the term of court that had just been held. 'At this same meeting it was also ordered that the property of Louisa county be assessed on or before the first day of July, 1837. We have found no returns of the special election ordered by this board to be held on the 6th of May, 1837, but undoubtedly William Kennedy was elected township clerk, for at this meeting he was allowed one dollar for services as clerk of the board of supervisors. It is also certain that John Ronalds was elected as the other member of the board of supervisors at the May election, because he appears as a member of the board at the meeting held July 11. 1837. The record of this July meeting begins about the middle of page 6, and as will be seen by the fac simile of that page, it contains the record of the first county road ordered in this county. There were four other roads ordered laid out at this same meeting. One was to commence at or near the Hatcher claim on the south line of the county, thence on the nearest and best route, not to injure improvements, to intersect a county road near Levi Thornton's on the north line of the county: and Joshua Swank, William Kennedy and Levi Thornton were appointed commissioners to mark said road, and were to make their return at the next meeting, together with an estimate of the costs. The "county road" referred to in this last order was probably the territorial road established by the act of the Wisconsin legislature, December 7. 1836, and for the purpose of locating and establishing a territorial road west of the Mississippi. By this act Abel Galland, Solomon Perkins, Benjamin Clark, Adam Sherrill, William Jones and Henry L. Lauder were appointed commissioners to lay out a territorial road west of the Mississippi, commencing at Farmington, on the Des Moines river, thence to Mofftt's mill, thence to the nearest and best route to Burlington, thence to Wapello, thence by the nearest and best route to Dubuque, and thence to the ferry opposite Prairie du Chien.

Another road ordered at this meeting was to commence at the territorial road at Wapello, going thence to Henry county in the direction of Mount Pleasant, and Thomas Ingland (England), J. J. Rinearson and Joseph Higby (Higbee) were appointed commissioners. Another road was to commence at the ferry above the mouth of the "Ioway" river, thence to intersect the territorial road at Milligan's ferry on the "Ioway" river. William L. Toole, Henry Warnstaff and David M. Hanson were appointed commissioners.

pg 82

The other road ordered was to commence at the head of Main street in Harrison, and thence east, following the section line and intersecting the road from Burlington to Bloomington. John P. Giles (Gillis?), R. S. Searl and James Erwin were appointed commissioners.

This brings us to page 8 of the record, and of this we also give a fac simile reproduction, mainly because on this page is found the record of the establishment of "the rates of tavern" for Louisa county.

The next meeting was held on July 12th at the house of William Milligan. William Milligan was "permitted to keep a tavern in Wapello for one year, commencing Aprile the 1st, 1837." At this meeting an order was made for a road to commence at the ferry line opposite "Oquaka" on the Mississippi, and thence by the "neardest and best rout" to Cattees on the "Ioway" river. Nathaniel Prime, R. S. Searl and I. H. Rinearson were appointed commissioners and the clerk of the board was directed to send a copy of these proceedings to Steven S. and A. Phelps, of Oquaka, "requesting them to transmit to the board of commissioners at their next meeting the amount of money or labor they and the citizens of Oquaka will be responsible for by way of donation in opening said road."

The next meeting was a special meeting held at the house of R. S. Searl in the town of Harrison, on the,8th of August, 1837. The first business transacted at this meeting was the establishment of five districts, and as this is the first effort to divide the county, we copy in full the proceedings in reference to these five districts:

"Ordered that the Black Hawk district No. 1 shall be bounded as following; viz: Commencing at the Mississippia river, above the mouth of the Ioway river, thence up the Ioway river to the line dividing range two and three west, thence north on said line to the line dividing township 74 and 75 north, thence east on said line to the Mississippia river, thence down the Mississippia river to the place of beginning, and that William Fleming be appointed pathmaster to oversee the working of roads in said destrict.

"Ordered that the Harrison destrict No. 2 be bounded as follows: On the east by destrict No. 1, on the south by the Ioway river W. on a line running north and south throng the center of range three west, and on the north by the line dividing the township 74 & 75 north, and that Henry Warrenstaff be appointed pathmaster to oversee the working of roads therein.

"Ordered that the Fredonia district No. 3 shall be bounded as follows: On the north by the county line, on the west and southwest by the Ioway R., and on the east by a line running through the center of range 3 west, runing north and south and that William Fowler be appointed pathmaster to oversee the working of roads therein.

"Ordered that the Grandview destrict No. 4 shall be bounded as follows: South by the line dividing township line, dividing 74 & 75 north, west by destrict No. 3, on the east by the Mississippia river, on the north by the county line, and that Levi Thornton be appointed pathmaster to oversee the working of the roads therein.

"Ordered that the Wapello destrict No. 5 be bounded as follows: On the …


Photo of page 6 & 8, Supervisors’ Record

pg 83

… east by the range line dividing 2 and 3 west, on the north by the Ioway R. on the west by the range line dividing 3 and 4 west, on the south by the county line, and that P. Maskell be appointed pathmaster to oversee the working of roads therein.

"Ordered by the board that each person require by law to work on the highway in the several districts heretofore described, shall work five days in the present year if required."

Another road was established at this meeting, commencing at Fredonia and thence to the county line in the direction of Bloomington, and T. S. Clark, James Bedwell and Alexander Black were the commissioners appointed.

The next meeting was held August 12th at Wapello. An assessment of one per cent was ordered upon all the "taxabel" property in the county. Nelson Derthick was permitted to keep a grocery in Wapello for the term of one year, and ordered to pay $10 for his license.

At the meeting, which was held at Wapello, August 16th, William Creighton, collector, was present and gave bond and the assessment "roal" was made out and delivered to him. Also Isaac H. Rinearson was allowed $40 for sixteen days' services for assessing the county.

The next meeting was held at Wapello, November 1st. At this meeting James W. Woods was allowed $70 for his services as prosecuting attorney. C. M. McDaniel was permitted to keep a grocery in central Wapello "for the term of three months and no longer," at the rate of $10 per year. S. S. Gourley was permitted to keep tavern in Wapello "for the term of six months and no longer."

The next meeting of this body was held November 2d. Daniel Brewer was appointed to survey the road leading from Wapello to Mount Pleasant. It was ordered that there be a road laid out commencing at the ferry line at Wapello and thence by the nearest and best route to "Cipenimo," (Sipenamo), and Thomas Stoddard and John Gilbert were appointed commissioners. This Sipenamo was probably in Johnson county.

This was the last meeting of the board but evidently they expected to meet again, for the final order is as follows:

"Ordered that the board rise to meet on the first Tuesday in March, 1838."

At some of the meetings of this board only two of the members were present but most of the time they were all present. The record at the end of each meeting is generally signed, by either John Ronalds or William Milligan and often by both of them, but never by Jeremiah Smith.

Before the time fixed for this board to meet again, the legislature of Wisconsin by an act approved December 20, 1837, had provided for the organization of a board of county commissioners, consisting of three qualified electors, the first election for which should take place on the first Monday in March following; and under that act the county affairs were managed by this board of county commissioners, frequently called "commissioners' court."

The change in the county boundaries previously alluded to in this chapter was made by the Wisconsin Territorial Legislature January 18, 1838, and is fully stated in the list of "Charters, Laws" etc., in the Appendix. The act deprived the county of the greater part of the present Columbus City township, and of all of Elm Grove; by it, the north and south line which formed the boundary between Slaughter and Louisa counties would run so as to leave Columbus City in Slaughter county and Columbus Junction in Louisa. The final change was made by the Iowa Territorial Legislature on January 12th, 1839, by which we got back government townships 74 and 75, range 5, and also received, as additional territory, all of the present townships of Oakland and Union. The lines have never been changed since.

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