History of Linn County Iowa Part 5

_Beginnings in Linn County_

The Black Hawk war, though confined to the state of Illinois, made an epoch in the history of Iowa. It was the last of the many Indian wars, and was concluded by a cession of much of the valuable lands of Iowa to the government. Reports of the war had stirred up more or less enthusiasm as to the future of the west, and settlers began to come soon after the war had ended. Many of the officers, and others who had taken part in the war, became the government agents and officials in various capacities in Illinois, Wisconsin, and Iowa. The government also, through its representatives in congress, planned great things for the west in opening ca.n.a.ls and roads, while rivers were made navigable and steams.h.i.+p traffic opened up.

One must not be led to believe that Iowa was the only part of the west which grew so rapidly. The growth was general, it is true, but Iowa seems to have grown more rapidly than any other of the territories between 1836 and 1846.

Illinois was admitted as a state in 1818; Missouri three years later; next came Iowa in 1846, while Wisconsin, which had been explored in 1639, was not admitted to statehood till 1848; and Minnesota, settled as early as 1680, and having a fort built in 1820, was not admitted to statehood till 1858. Thus, it would appear, that Iowa remained a territory for a shorter period of time than any other of the western states located in the Mississippi valley, but, of course, there is reason for this. It was a prairie state, in the first instance, and on the east was bounded by a great waterway and by a state teeming with an aggressive population, many of whose people soon crossed the borderland even before the government had made proper surveys and thrown the land open to settlement.

Henry Dodge was appointed governor of the new Territory of Wisconsin in 1836, Iowa at that time being a part of Wisconsin. With the exception of a few settlements of white people along Lake Michigan and in the mining region around Dubuque there were few, if any, white settlers.

Governor Dodge's work was largely with the Indians, in making contracts and ceding lands to the government. Settlers were coming in constantly and a demand for a survey of the lands was made from time to time.

Survey of the public lands in Iowa was begun in the fall of 1836. Great preparations for the land sales were made. These were to take place in Dubuque and Burlington in November, 1838. The settlers who had arrived on these lands for some time prior to its survey arranged among themselves to select an arbitration a.s.sociation, each towns.h.i.+p making a register of all claims, and choosing one representative to attend the land sales, giving him authority to bid off the lands selected by each claimant.

A. C. Dodge was appointed the first registrar of the land office at Burlington, and George W. Jones the first surveyor-general of Iowa. One of the surveyors-general in the early '40s was no other than Judge James Wilson, of Keene, New Hamps.h.i.+re, a son of a Revolutionary soldier, and himself a lawyer of more than ordinary ability, a judge, and at one time a member of congress. He was appointed by General Harrison, an old friend.

At the first convention which met at Burlington in November, 1837, for the purpose of organizing a separate territory of Iowa, were the following delegates from Dubuque county, which, at that time, included a part of what later became Linn county: P. H. Engle, J. I. Fales, G.

W. Harris, W. A. Warren, W. B. Watts, A. F. Russell, W. H. Patton, J.

W. Parker, J. D. Bell and J. H. Rose. The convention in its pet.i.tion to congress a.s.serted that there were 25,000 people in that portion of Wisconsin Territory known as "The Iowa District;" that houses had been erected; that farms were cultivated, and still people could not obtain t.i.tle to their lands, and asking that the part west of the river be set aside as a separate territory. This was one of the most important conventions held on what became Iowa soil, and congress at once took action to make such provisions as were thought wise and expedient.

Linn county was established by an act of the legislature of the Territory of Wisconsin approved on December 21, 1837. The county was regular in shape, but four towns.h.i.+ps larger than its neighbors on the north and east, which were created at the same time. The boundaries received at this time have not been altered. The spelling of the name was Lynn, although it was spelled in the body of the act itself Linn; it took its name from Dr. Louis F. Linn, United States senator from Missouri, who was appointed to that office in 1833 and who was a friend and admirer of President Jackson, and much interested in the development of the west.

The eastern part of Linn county, perhaps one-third, had been part of the original county of Dubuque since 1834, the boundary line running from the southeast corner of the county in a northwesterly line a little to the west of the middle in the northern part of the county.

Linn county then embraces within its limits two Indian land cessions.

The eastern part was acquired from the Sac and Fox Indians by the treaty of September 21, 1832, known as the Black Hawk Purchase; the western part, or the other two-thirds, was acquired by treaty of October 21, 1837. The fourteen counties created by an act sub-dividing Dubuque county into new counties, which was approved October 21, 1837, were as follows: Dubuque, Clayton, Jackson, Benton, Linn, Jones, Clinton, Johnson, Scott, Delaware, Buchanan, Cedar, Fayette, and Keokuk. While most of these counties were established outright the wording of the act relating to Dubuque county implies that it was looked upon as the former county reduced in size, which was not correct, as this land from which these counties were laid out also included much of the Sac and Fox cession made after Dubuque county had been formed and laid out, and which county had not been ceded to the United States government.

These boundary lines were reduced in size later; however the boundaries of Dubuque, Delaware, Jackson, Jones, Linn, Clinton, Cedar, and Scott have remained as they were laid out at the time. The Territory of Iowa was created by an act of congress approved June 12, 1838.

Among the bills pa.s.sed by the first legislature, which met during the winter of 1838 and 1839, was the following: "An Act to Organize the County of Linn, and establish the Seat of Justice thereof.

"Section 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, that the county of Linn be and the same is hereby organized from and after the 10th of June next, and the inhabitants of said county be ent.i.tled to all the rights and privileges to which, by law, the inhabitants of other organized counties of this Territory are ent.i.tled, and the said county shall be a part of the Third Judicial District, and the District Court shall be held at the seat of justice of said county, or such other place as may be provided until the seat of justice is established.

"Section 2. That Richard Knott, Lyman Dillon and Benjamin Nye be and they are hereby appointed Commissioners to locate the seat of justice in said county, and shall meet at the house of William Abbe, on the first Monday of March next, in said county, and shall proceed forthwith to examine and locate a suitable place for the seat of justice of said county, having particular reference to the convenience of the county and healthfulness of the location.

[Ill.u.s.tration: DOUBLE LOG CABIN Built by Wm. Abbe, Linn County's First Settler]

"Section 3. The Commissioners, or a majority of them, shall, within ten days after their meeting at the aforesaid place, make out and certify to the Governor of this Territory, under their hands and seals, a certificate containing a particular description of the situation of the location selected for the aforesaid county seat; and on the receipt of such certificate, the Governor shall issue his proclamation affirming and declaring the said location to be the seat of justice of said county of Linn.

"Section 4. The Commissioners aforesaid shall, before they enter upon their duties, severally take and subscribe an oath before some person legally authorized to administer the same, viz: I, ............, do solemnly swear (or affirm) that I am not, either directly or indirectly, interested in the location of the seat of justice of Linn County, nor do I own any property in lands, or any claims, within the said county of Linn. So help me G.o.d. (Signed) A. B., etc.

"Section 5. If, at any time within one year thereafter, it shall be shown that the said Commissioners, or any of them, received any present, gratuity, fee or reward in any form other than that allowed by law, or before the expiration of six months after the Governor's proclamation, declaring the said seat of justice permanent, become interested in said town or any lands in its immediate vicinity, the Commissioner or Commissioners shall, upon conviction thereof by indictment in the District Court of the county in which he or they may reside, be guilty of a high misdemeanor, and be forever disqualified to vote at any election or to hold any office of trust or profit within this Territory.

"Section 6. The Commissioners aforesaid shall receive, upon making out their certificate of the location of the seat of justice of said county, each two dollars per day, and also three dollars for every twenty miles going and returning from their respective homes. Approved January 15, 1839."

Two of the Commissioners named in the act, Richard Knott and Benjamin Nye, accepted the trust, meeting at the house of William Abbe, two and one-half miles west of what is now Mount Vernon.

The Commissioners located the county seat in the middle of the county and named it "Marion," in honor of one of the Revolutionary generals.

The Commissioners reported to the governor of the territory the completion of their work, and Governor Robert Lucas proclaimed the county of Linn duly established.

For election purposes Linn county was attached to Cedar, Johnson, and Jones, the first polling precinct being located at Westport, which had been laid out by Israel Mitch.e.l.l with the expectation that this would be the county seat, Mr. Mitch.e.l.l believing that the county seat should be located on the river, and that that location would be near enough the center for all practical purposes.

In October, 1838, the entire county composed one precinct, and thirty-two ballots were cast for candidates for the legislature.

Charles Whittlesey was chosen for the senate and Robert G. Roberts for the house. The first county election was held in August, 1839, when three commissioners were selected at Westport--L. M. Strong, Peter McRoberts, and Samuel C. Stewart. This body had the same powers as was later conferred upon the county supervisors. This commission first sat as a body officially September 9, 1839, in the log house of James W.

Willis. Hosea W. Gray was sheriff and acted as clerk of the court until a clerk was duly appointed.

The minutes state:

"The Board proceeded to the appointment of a Clerk.

Thereupon it was ordered that John C. Berry be and is hereby appointed to the office of Clerk of the Board of Linn County Commissioners.

"Ordered. That the county seat of Linn County be and is hereby called and shall hereafter be known and designated by the name of Marion."

At this session W. H. Smith and Andrew J. McKean were appointed constables for the county. Jonas Martin was appointed road supervisor, his district embracing all the land east of Marion and west of Big creek and east on the Marion and Davenport roads crossing Big creek.

"It was also authorized that as Linn County had no safe place for the keeping of criminals that Sheriff Gray contract with the Sheriff of Muscatine County for the keeping of one Samuel Clews, and that the Sheriff borrow funds to pay for the support and keeping of said Clews while in confinement."

It seems that the board met monthly and the county was divided into three voting precincts as follows: One at William Abbe's, known as Sugar Grove Precinct, with the following judges: William Abbe, John Cole, and John McAfferty; one at Marion, with James W. Ba.s.sett, Henry Thompson, and Rufus H. Lucore, judges; one at Michael Greene's, with Michael Greene, James c.u.mmings, and Bartimeas McGonigle, judges.

At this time Ross McCloud was appointed county surveyor and was ordered to make the survey of the county seat and report, which he did, and also to lay out additions, which was done. A county jail was also ordered erected in January, 1840, and the contract for the building of the same was let to William Abbe and Asher Edgerton for the sum of $635.00; the first money raised by sale of lots in Marion was applied on the contract for the erection of the jail.

THE FIRST SURVEY

The first survey was made in 1838, being all of Jones county and towns.h.i.+ps 84, 85, and 86 north, in range 5, west, in Linn county. This was made public in the newspapers and many settlers came in, taking the best lands that had been surveyed and squatting on the other land which they knew would soon be open for settlement. Linn Grove was an ideal place, and here in an early day a large number settled. The sale of lands in the county was advertised to take place in January, 1840. On account of the difficulties of transportation, the settlers pet.i.tioned to have the same postponed until the summer of that year, which pet.i.tion was granted. George Greene, who had been a school teacher near Ivanhoe and even at that time was a man of no ordinary ability, was asked to see what could be done in changing the place from Dubuque to Marion. Mr. Greene volunteered to go to Was.h.i.+ngton and lay the matter before congress, or the men in charge of the land department. After some time he succeeded in his mission and won the grateful respect of his fellow pioneers, saving them a great deal of money. Thus, for a time, Marion was a United States land office, and the people of Linn county who had little money to spend could claim their lands without much trouble.

THE FIRST COURT HOUSE IN THE COUNTY

The first court house built in the county was a log structure for the use of the pioneers. This structure was erected during the years 1840 and 1841. As there was no money in the county treasury and as the court house was needed, the settlers donated their labor. They cut the logs, hauled them to Marion, and constructed the building, the roof being of shakes and the floor of puncheons. Among those who helped erect this first seat of justice were James and John Hunter, the Stambaugh brothers, James and Elias Doty, and others. The first case, it is said, tried in this court house was one brought against James Doty for jumping a claim on the west side of the river, adjoining the claim of Robert Ellis, the question being whether or not a man erecting a bark building and claiming the land had complied with the law. The jury was impaneled and a trial had which lasted for some time. When the case went to the jury the judge and all vacated so that the jury could use the small room in arriving at a decision. The jury was out the afternoon and all night, and at ten o'clock the next morning they reported that they were unable to agree. During all this time they had had nothing to eat, and the water they had to drink was very poor. Upon this jury sat James Hunter, one of the first settlers of the county, who was the only stubborn one to hold out in favor of Doty. He used to tell later that he felt that he could never look James Doty in the face if he should consent to such a verdict as the other eleven had framed up against him. The case was tried at a subsequent term when the jury decided in favor of Doty, to the effect that while he was later than the claimant in making his claim he was a _bona fide_ settler with the intention of becoming a permanent settler.

The next court house built in Marion was a frame structure still standing just west of the present brick building, and now used as a hotel. The present brick court house was erected by George W. Gray, the brick superstructure being built by Peter D. Harman, of Bertram, father of Warren Harman, of Cedar Rapids. Much of the carpenter work was done by that old pioneer, recently deceased, William Patterson, father of W.

D. Patterson, of Cedar Rapids.

The first jail was erected in January, 1840, the contract for the building being awarded to William Abbe and Asher Edgerton for $635.00.

The building was finished by May 1st of the same year. The first moneys raised by sale of lands were applied on this contract.

At the July session, 1849, the county was divided into three districts as follows: the towns.h.i.+ps of Was.h.i.+ngton and Fayette composed District No. 1; Franklin and Brown composed District No. 2; and Marion and Putnam District No. 3. At the July session, 1840, the board of commissioners began to discuss the question of towns.h.i.+p organizations.

A vote of the county was ordered at the next election to determine the voice of the people; the election took place in August of that year and resulted in favor of the proposition.

Lists of towns.h.i.+ps are as follows: Marion, Franklin, Was.h.i.+ngton, Fayette, Putnam, and Brown established in 1841; Linn and Rapids, 1843; Otter Creek, 1844; Buffalo and Maine, 1848; Monroe, 1849; Spring Grove, 1853; Clinton, 1854; Jackson, 1855; College, Bertram, Boulder, and Fairfax, 1858; Grant, 1872; and Cedar, 1906.

THE JUDICIARY

The first records of the district court held in Linn county are dated Monday, October 26, 1840, Iowa Territory, Linn county. Pursuant to an act of the legislature of the territory, approved July, 1840, the district court of the United States and also for the Territory of Iowa met at Marion in said county on Monday, October 26, 1840. Present: The Hon. Jos. D. Williams, judge of the second judicial district for the territory; W. G. Woodward, district attorney of the United States for the district of Iowa; R. P. Lowe, prosecuting attorney for the second judicial district; H. W. Gray, sheriff of the county of Linn; S. H.

Tryon, clerk of the district court; Lawrence Maloney for the marshal of the territory.

The following grand jurors were among the best known settlers: Aaron Usher, Samuel Ross, James Leverich, D. W. King, Israel Mitch.e.l.l, W. H.

Chambers, William Donahoo, Dan Curtis, W. T. Gilberts, G. A. Patterson, Isaac Butler, John Goudy, J. A. Gibson, Joe Barnett, Asher Edgerton, William Chambers, O. L. Bolling, Dan J. Doty, and Joseph Warford. As bailiff of the grand jury served Perry Oxley, one of the best known settlers.

The pet.i.t jurors were: D. A. Woodbridge, Isaac Carroll, G. W. Gray, B.

McGonegal, John McCloud, Thomas Goudy, J. W. Willis, John Long, J. W.