of
Muscatine County Iowa
1879
| History of Muscatine County Iowa 1879 | |
Source: History of Muscatine County Iowa, Historical Section, 1879, pages 412-418
ORGANIZATION OF OLD DES MOINES. When the colony at Burlington had assumed sufficient size to warrant the thought of adopting legal restraints, the pioneers found themselves under the governmental control of the Territory of Michigan. In that year, this region was attached to Michigan Territory for judicial purposes, and, in the spring of 1834, instructions were sent to Mr. Ross, from Detroit, to organize Des Moines County. The new county was composed of the territory south of Rock Island to the mouth of the Des Moines River, and thence west along the Missouri line for fifty miles. The necessary laws and documents were received by Mr. Ross, and, as organizing officer, he gave notice of the impending election by advertising in suitable manner. The officers chosen at the first election, in the fall of 1834, were as follows: Col. William Morgan was elected Supreme Judge, and Henry Walker and Young L. Hughes, Assistants of District Court, which was the highest court in Iowa at that time; Col. W. W. Chapman was Prosecuting Attorney; W. R. Ross, Clerk; Solomon Perkins, Sheriff; John Barker, Justice of the Peace; W. R. Ross, Treasurer and Recorder; John Whitaker, Probate Judge; Leonard Olney, Supreme Judge; John Barker and Richard Land, Justices of the Peace, the latter appointed by the Governor of Michigan Territory.
In October, 1835, Hon. George W. Jones was elected Delegate to Congress from the Territory of Michigan. Mr. Jones was interested in the development of the great Western wilderness, and favored the erection of a new Territory west of the lakes. He worked for that purpose in Congress, and was successful. Apropos of his achievement in that direction is here given an anecdote concerning his adroit avoidance of Mr. Calhoun's opposition to his bill:
The Hon. George W. Jones, or the General, as he is more familiarly known at home, was a great ladies' man. Knowing the opposition to his territorial bill on the part of Mr. Calhoun, and that a speech from that distinguished statesman would defeat it, he set his wits to work to procure the absence of Mr. C. when the bill would be called up. To accomplish this, he paid very marked attention to a lady friend of Mr. Calhoun, then at the capital, and was so kind, polite and entertaining that she, feeling under obligations to him for the same, inadvertently expressed the hope that circumstances might throw it in her way to render him some service. This was just what the General wanted, and he immediately said, "You can, if you will, do me the greatest favor in the world," and went on to explain the "Territorial Bill," and the opposition of Mr. Calhoun thereto. "Now," said the General, "it will come up on such a day, and when I send you my card call out Mr. C., and, on some pretext, keep him out an hour or two." She consented and carried out the arrangement, and during that absence the bill was passed, and Mr. Calhoun did not have an opportunity to oppose it.
WISCONSIN TERRITORY FORMED. April 20, 1836, the bill creating the Territory of Wisconsin was approved. Gov. Henry Dodge was appointed to the Executive office by President Jackson. The first proclamation was issued by him September 9, 1836, convening the Legislature at Belmont on the 25th of October. A delegate in Congress was ordered elected at the same time as the legislators were chosen.
The counties of Dubuque and Des Moines then contained 10,521 population, as was shown by the census ordered by Gov. Dodge.
BELMONT LEGISLATURE. The election was ordered to be held on the second Monday (not the first, as stated by some writers) in October. The Belmont Legislature convened, as required, October 25, 1836, and was composed of the following members, as shown by the official report printed in 1836:
Brown County--Council, Henry S. Baird, John P. Arndt; House,
Ebenezer Childs, Albert G. Ellis, Alexander J. Irwin.Milwaukee County--Council, Gilbert Knapp, Alanson Sweet; House,
William B. Sheldon, Madison W. Cornwall, Charles Durkee.Iowa County--Council, Ebenezel Brigham, John B. Terry, James R. Vineyard; House, William
Boyles, G. F. Smith, D. M. Parkinson, Thomas McKnight, T. Shanley, J. P. Cox.Dubuque County--Council, John Foley, Thomas McCraney, Thomas
McKnight; House, Loring Wheeler, Hardin Nowlin, Hosea T. Camp, P. H.
Engle; Patrick Quigley.Des Moines County--Council, Jeremiah Smith, Jr., Joseph B. Teas, Arthur
B. Inghram; House, Isaac Leffler, Thomas Blair, Warren L. Jenkins, John
Box, George W. Teas, Eli Reynolds, David R. Chance.
WISCONSIN JUDICIARY. The second act passed by the Legislature provided for the establishment of Judicial Districts. Charles Dunn was Chief Justice of the Supreme Court of Wisconsin, and performed judicial duties in the First District; David Irvin, Associate Justice in the Second District; and William C. Frazier, Associate Justice in the Third District.
THE TEMPORARY SEAT OF GOVERNMENT. The eleventh bill passed was one fixing upon Madison as the permanent seat of government of Wisconsin, and selecting Burlington as the temporary seat, pending the erection of suitable buildings in Madison. The story of this bill is interesting, since it affected the destiny of Burlington in no slight degree.
When Wisconsin was created, Dubuque sought to secure the seat of government. Those engaged in that effort were not far-seeing enough to perceive the transient character of the boundaries of Wisconsin as first defined. The location of Dubuque was, by chance, near the geographical center of the immense region embraced in the original Territory, and failed to realize that the ultimate division of the country would be marked by the two great rivers. The paper at Dubuque and the leading men endeavored to persuade the Legislature that the proper locality for the seat was there; but wiser councils prevailed. Burlington, by uniting with the eastern counties, held the power necessary to decide the question. Perhaps reciprocal promises were made by the Burlington delegation, and perhaps not; of that we have no clear evidence; but one thing is certain, when the voting came on, Des Moines County, with its ten votes, joined the eastern counties and carried the bill, fixing the permanent seat at Madison.
A clause was inserted in the bill providing, "That, until the public buildings at the town of Madison are completed--that is to say, until the 4th day of March, 1839--the sessions of the Legislative Assembly of Wisconsin Territory shall be held at the town of Burlington, in the county of Des Moines, provided the public buildings are not sooner completed." Congress had appropriated a sum of money for the erection of those buildings and the purchase of a library.
The clause was a wise one for Des Moines, since nature had foreordained the division of Wisconsin at the Mississippi River, and the creation of a Territory, and ultimately a State, out of Des Moines and Dubuque. By forfeiting all pretense of claim to permanency, Burlington secured the temporary seat of Wisconsin, and thereby held the nine points of possession on the capital of the future State. Of course, no one asserted the possibility of Burlington holding the seat of Iowa after the development of the region; but the purpose was to advertise Burlington to the country, and profit by the prestige of being the most prominent locality at the start. It was a shrewd piece of figuring, and worked great good to the new aspirant for settlers' favor. At the same time, it secured the seat away from its natural rival, Dubuque.
THE FIRST ROAD WEST OF THE RIVER. Act No. 20 of the Legislature provided for the establishment of a Territorial road west of the Mississippi River, commencing at the village of Farmington, then to be the seat of Van Buren County; thence to Moffit's Mill, near Augusta; thence direct to Burlington; thence to Wapello; thence to Dubuque, and thence on to Prairie du Chien. The Commissioners were Abel Galland, Solomon Perkins, Benjamin Clarke, Adam Sherrill, William Jones and Henry F. Lander.
SUBDIVISION OF OLD DES MOINES. Act No. 21 was the next important bill (after the one locating the seat of government) passed by the legislature, so far as the county of Des Moines was concerned. It is here given in full:
An Act Dividing the County of Des Moines into several new counties:
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: thence a northern direction, passing through the grove on the head of the northern branch of Lost creek; thence to a point corresponding with the range line dividing ranges seven and eight; 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 in the following boundaries, to wit: Beginning at the northeast 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 boundary 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 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 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, to wit: Beginning at the Mississippi river, at the northeast corner of Des Moines; thence up the 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.
Section 6. Be it further enacted, That the country included within the following boundaries, to wit: Beginning on the Mississippi river at the northeast corner of the county of Louisa; thence up said river twenty-five miles on a straight line; thence west to the Indian boundary line; thence with said boundary line south to the northwest corner of the county of Louisa; thence east with the line of said county of Louisa to the beginning, be and the same is hereby set off into a separate county, by the name of Musquitine.
Section 7. Be it further enacted, That the country included within the following boundaries, to wit: Beginning on the Mississippi river at the northeast corner of the county of Musquitine; thence up said river to the southeast corner of Du Buque; thence with the line of the said county of Du Buque to the Indian boundary line: thence with said line south to the northwest corner of the county of Musquitine; thence east with the said line of the said county of Musquitine to the beginning, be and the same is hereby set off into a separate county, by the name of Cook.
Section 8. Be it further enacted, That the district court shall be held at the town of Madison, in the county of Lee, on the last Monday in March and on the last Monday in August in each year; in the town of Farmington, in the county of Van Buren, on the second Monday in April and the second Monday in September of each year; in the town of Mount Pleasant, in the county of Henry, on the first Friday after the second Monday in April, and September in each year; in the town of Wapello, in the county of Louisa, on the first Thursday after the third Monday in April and September in each year; in the town of Bloomington, in the county of Musquitine, on the fourth Monday in April and September in each year.
Section 9. Be it further enacted, That the county of Cook be and the same is hereby attached to the county of Musquitine for all judicial purposes.
Section 10. And be it further enacted, That the proper authority of the several counties hereby established, so soon as the said counties shall be organized, shall liquidate and pay so much of the debt now due and uppaid by the present county of Des Moines, as may be their legal and equitable proportion of the same, according to the assessment value of the taxable property which shall be made therein.
Section 11. This act to be in force from and after its passage, and until the end of the next annual session of the legislative assembly, and no longer.
P. H. Engle, Speaker of the House of Representatives.
HENRY S. BAIRD, President of the Council.
H. DODGE.Approved December 7, 1836.
REVISION OF THE ORGANIZING ACT. The second session of the Wisconsin territorial legislature convened at Burlington in the winter of 1837-38. At that session a bill was introduced redefining the boundaries of the five counties created out of old Des Moines. It was at this time that Dr. Eli Reynolds attempted to secure the removal of the county seat of Muscatine to Geneva, as is related in the preceding chapter. Hereafter is quoted the bill in full, because of the scarcity of the old records. It may prove of value for reference in days to come (p. 210 Session Laws Wisconsin. Territorial Legislature, Burlington, 1838):
An act to establish the boundaries of Lee, Van Buren, Des Moines, Henry, Lousia, Muscatine and Slaughter, to locate the seat of justice in said counties and for other purposes:
Section 1. Be it enacted by the council and the house of representatives of the territory of Wisconsin, That the boundaries of Lee county shall be as follows, to wit: Beginning at the main channel of the Mississippi river, due east from the entrance of Skunk river into the same, thence up said river to where the township line dividing townships sixty-eight and sixty-nine north leaves said river; thence with said line to the range line between ranges four and five west; thence north with said line to the range line between ranges four and five west; thence north with said line to the township line between townships sixty-nine and seventy north; thence west with said line to the range line between ranges seven and eight west; thence south with said line to the Des Moines river; thence down said river to the middle of the main channel of the Mississippi river; thence up the same to the place of beginning, and the seat of justice is hereby established at the town of Fort Madison.
Section 2. The boundaries of the county of Van Buren shall be as follows, to wit; beginning on the Des Moines river, where the range line between ranges seven and eight intersects said river, thence north with said line to the township line dividing townships seventy and seventy-one north; thence west with said line to the northern line of Missouri; thence east with said line to the Des Moines river; thence down said river to the place of beginning; and the seat of justice of said county is hereby retained at the town of Farmington, until it may be changed, as hereinafter provided. For the purpose of permanently establishing the seat of justice for the county of Van Buren, the qualified electors of said county shall, at the election of county commissioners, vote by ballot for such places as they may see proper for the seat of justice of said county. The returns of said election shall, within thirty days thereafter, be made by the sheriff of the county to the governor of the territory, and if, upon examination, the governor shall find that any one point voted for has a majority over all other places voted for, he shall issue a proclamation to that effect, and the place so having a majority of votes shall, from the date of such proclamation, be the seat of justice of said county. But if, upon an examination of the votes, the governor shall find that no one place has a majority of the whole number of votes polled on that question and returned to him, he shall issue a proclamation for a new election in said county, and shall state in his proclamation the two places which were highest in vote at the preceding election, and votes at the election so ordered shall be confined to the two places thus named. The governor shall, in his proclamation, fix the time of holding said second election, and it shall be conducted in the same manner, and by the same officers as conducted the election for county commissioners; and the sheriff of the county shall, within thirty days thereafter, make return of said second election to the governor, who shall thereupon issue a second proclamation, declaring which of the two places named in first proclamation was the highest in vote at such second election, and declaring said place from that time to be the seat of justice for Van Buren county, provided that the spring term of the district court for said county shall be held at Farmington, the present seat of justice of Van Buren county.
Section 3. The boundaries of Des Moines county shall be as follows, to wit; Beginning at the northeast corner of Lee county; thence west with the northern line of said county to the range line between ranges four and five west; thence north with said line to the township line dividing townships seventy-two and seventy-three north; thence east with said line to the middle of the main channel of the Mississippi river; thence down the same to the place of beginning; and the seat of justice of said county is hereby established at the town of Burlington.
Section 4. The boundaries of Henry county shall be as follows, to wit; Beginning on the range line between ranges four and five west, where the township line dividing townships seventy-three and seventy-four north intersects said line; thence west with said line to the range line between ranges eight and nine; thence south with said line to the township line dividing townships seventy and seventy-one north; thence east with said line to the range line between ranges seven and eight west; thence south with said line to the township line dividing townships sixty-nine and seventy north; thence east with said line to the range line between ranges four and five west; thence north with said line to the place of beginning and the seat of justice of said county is hereby established at the town of Mount Pleasant; and all the territory west of Henry is hereby attached to the same for judicial purposes.
Section 5. The boundaries of Louisa county shall be as follows, to wit; Beginning at the northeast corner of Des Moines county; thence west to the northwest corner of said county; thence north with the range line between ranges four and five west to the township line dividing townships seventy-five and seventy-six north; thence east with said line to the Mississippi river; thence down the same to the place of beginning; and the seat of justice of said county is hereby established at the town of Lower Wapello.
Section 6. The boundaries of Muscatine county shall be as follows, to wit; Beginning at the northeast corner of the county of Louisa; thence west with the northern line of said county, to the range line between four and five west; thence north with said line, to the township line dividing townships seventy-eight and seventy-nine north; thence south with said line to the Mississippi river; thence down the main channel of the said river to the place of beginning; and the seat of justice of said county is hereby established as the town of Bloomington.
Section 7. The county included within the following boundaries, to wit; Beginning at the northeast corner of the county of Henry; thence west to the northwest corner of the same; thence north to the township line dividing townships seventy-six and seventy-seven north; thence east with the said line to the line between ranges four and five west; thence south with the said line to the place of beginning, is hereby set off into a separate county by the name of Slaughter, and the seat of justice of said county is hereby established at the town of Astoria; and all the territory west is hereby attached to the county of Slaughter for judicial purposes.
Section 8. That the several counties hereby established shall liquidate and pay so much of the debt, as was due and unpaid by the original county of Des Moines, on the 1st day of December, eighteen hundred and thirty-six, as may be their fair and equitable proportion of the same, according to the assessment value of the taxable property therein.
Approved January 18, 1838.
THE OLDEST RECORDS. Muscatine County was formally organized under the first law, although no records are preserved showing election returns or official appointments. The oldest record now in existence is that in which the marriage licenses were entered. Were it not for this book there would be no evidence of the clerkship held by Robert McClaren, who was appointed in the winter of 1836-37. The exact date of this appointment is not obtainable, nor are any papers to be found bearing upon the subject. The fire which destroyed the old Court House, in 1864, burned many of the loose documents stored in the building. The older settlers remember that Mr. McClaren was the first Clerk of both the United States District and the County Commissioners' Courts, but a diversity of opinion exists as to the time of his appointments.
The earliest official document issued in this county was the marriage license of Andrew J. Starks and Merilla Lathrop. The document bore date February 13, 1837, and was granted by Mr. McClaren, as Clerk of the Commissioners' Court.
The issuance of this paper proves that the Commissioners' Court was in existence in February, 1837, and it is recollected by the older settlers that Arthur Washburn and Edward E. Fay were the first members of the old "Board of Supervisors," as the Michigan laws designated them. Those gentlemen were appointed to the office soon after the original law establishing the county took effect. Nevertheless, it is a fact that no documentary evidence, other than the marriage licenses referred to, is preserved which proves the existence of the first court. If minutes of their meetings were kept, they are no longer extant.
The next oldest records in the county offices are those of the United States District Court, which held its first session in Bloomington, April 24, 1837. The first act of the Court was to appoint John S. Abbott Clerk. Why Mr. Mcclaren was not confirmed in the office does not appear.
In October, 1837, according to the only records, the first meeting of the Commissioners' Court was held. It has already been shown that the records, in this respect, are wrong. The meeting which was held in October was the first that was formally recorded, possibly, but was really the second or third. The records are in the handwriting of S. Clinton Hastings, who did not take his office of Clerk until a time subsequent to October, 1837. The Clerk of the session was J. R. Struthers. Hence, it is easily understood that the sparse minutes were written after the meetings, and from memory of the transactions.
Hereafter is given an abstract of the early records:
The first Justices of the Peace were John G. Coleman, Silas S. Lathrop and Benjamin Nye, who were appointed by Gov. Dodge, in 1836-37--the exact date is unknown. They solemmzed marriages early in the year 1837.
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