LOCATION OF THE COUNTY SEAT

In obedience to the requirements of the law under which they were appointed, Messrs. Samuel Hutton, Joshua Owens and Roger N. Cressup, the Commissioners to locate the county seat of Jefferson County, met at the town of Lockridge on the first Monday in March, 1839, and, having been first duly sworn according to law, proceeded to discharge their trust. It had been generally believed that Lockridge would be named the county seat, and there was some disappointment when the Locating Commissioners selected a different site. In their wisdom, and that wisdom has never been seriously questioned, the Commissioners selected the southwest quarter of Section 25, in Township 72 north, Range 10 west, and declared it to be the site of the seat of justice for Jefferson County.

In Section 3 of the act which the county was organized, it was provided that the Locating Commissioners should commit their report to writing and file the same with the Clerk of the District Court of Henry County, whose

394

duty it would be to record the same, and deliver over the same to the Clerk of the county of Jefferson whenever he should be appointed, whose duty it should be to record the same and forever keep it on file in his office, etc. A careful examination of the records in the office of the County Auditor (formerly County Clerk) and in the office of the County Recorder failed to discover this report, and resort was had to the old records of Henry County at Mt. Pleasant, but with no better success. That report is lost, and there are no data to be found from which even a synopsis of the report can be given.

Henry B. Notson, it is learned, had filed some sort of claim to the quarter-section on which the county seat was located, but his claim was of no vital force, and he cheerfully relinquished all "his right and title" in favor of the county.

The location selected is a desirable one, near the geographical center of the county, on an elevated prairie, skirted on the north, east and west with timber. Crow Creek rises north of Fairfield, circles to the east and south, within a short distance of the city. The natural surface is rolling, giving a good opportunity for a perfect system of drainage from the central part of the city in ever direction. It is geographically situated in latitude 41° 1´ and longitude 91° 57´, or 14° 56´ west of Washington, and 940 feet above the level of the sea. The original streets were named by the Commissioners as follows: Sears, Walnut, Madison, Monroe, Church and Chastain, running east and west; Smith, Williams, Washington, Jefferson, Jackson and Hueston, running north and south.

The land was entered on the 13th day of May, 1842, before the Land Office was removed from Burlington. There was no money in the county treasury, and the Commissioners borrowed the sum needed from Ebenezer S. Gage, with interest at the rate of 20 per cent per annum. When the Gage note became due, the Commissioners were again forced to borrow money to pay him. Each time money was borrowed, a mortgage was given on lots situated in the western part of the city as security. The first public sale of lots was held on the 15th day of May, 1839, when Alexander Kirk, by public outcry, made the sale. The deeds for these lots were signed by the Commissioners as the "Board of County Commissioners," the seal upon these documents being the liberty side of a silver dime.

Of the first sale of lots in Fairfield, Hawkins Taylor relates the following:

"With John A. Drake, then of Fort Madison, but now of Drakeville, I attended the first sale of lots in Fairfield. John J. Smith was one of the County Commissioners, and he was a Whig. The whole county attended the lot sales, and a good many outsiders were there, especially from the Agency, then a military post. Among others, there was one of the characters of that day; I do not now recollect his name, but he gambled, run horses, and was ready for anything. He had that day a sweatcloth and chuckaluck box, and whenever he could get a crowd he started his game. That night, 'Squire Drake and I stopped with a man who, I think, was one of the Commissioners, living about two miles east of town. There was but one room, and there were others there besides us. The floor was covered with what they called beds. Drake and I laid down, but the landlord had brought home a jug of 'Alston's best,' and he and his other guest were having a good time. The landlord had won 50 cents during the day, and was telling about it with much enjoyment, when I said to Drake, ‘'Squire, you will have to look into that gambling.’ The landlord changed his tune, and was by no means certain that he had made a winning at all; in fact, he was not even certain that he had even seen any gambling that

395

day. After he had fully denied it, Drake said to me, so that the landlord could hear him, that Jefferson County was outside of his jurisdiction, and the landlord then concluded that he certainly did win 50 cents, and could have broken the bank had he tried."

Section 6 of the act entitled "An act to divide the county of Henry and establish the county of Jefferson," provided that an election should be held on the first Monday in April (1839) for the purpose of electing all county officers that were elective; and Section 7 provided that it should be the duty of the Sheriff of said county to cause written notices to be put up at three of the most public places in each of the old precincts in said county of Jefferson, stating the time, place, and officers to be elected, etc. To carry out the provisions here quoted, Gov. Lucas appointedFrederick Lyon to serve as Sheriff until one should be elected and qualified.

At the time of the first election, there were not more than two or three precincts or voting-places within the limits of the new county. These voting-places cannot now be recalled, nor the number of voters. The poll-books, like many other important papers have been lost.

John J. Smith, Daniel Sears, and Benjamin F. Chastain were elected County Commissioners; John W. Sullivan was elected Treasurer; James L. Scott, Sheriff; John A. Pitzner, Recorder; and William Bonafield, Surveyor. [The lands were not yet surveyed, and the survey and transfer was not completed until May 13, 1842, when Ezekiel Gilham, Daniel Sears and Barraca S. Dunn were chosen Trustees, for the purpose of transfer.

POLITICAL ECONOMY.

EXPLANATORY.

From the organization of the county in the spring of 1839 to August, 1851, the management of county affairs was vested in a board of three Commissioners chosen by the people, and was recognized and known as a Board of County Commissioners. This system of county management originated with Virginia, whose early settlers soon became large landed proprietors, aristocratic in feeling, living apart in almost baronial magnificence on their own estates, and owning the laboring part of the population. Thus the materials for a town were not at hand, the voters being thinly distributed over a great area. The county organization, where a few influential men had managed the whole business of the community, retaining their places almost at their pleasure, scarcely responsible at all, except in name, and permitted to conduct the county concerns as their ideas or wishes might direct, was, moreover, consonant with their recollections or traditions of the judicial and social dignities of the landed aristocracy of England, in descent from whom the Virginia gentlemen felt so much pride. In 1634, eight counties were organized in Virginia, and the system extending throughout the State, spread into all the Southern States and some of the Northern States, unless we except the nearly similar division into "districts" in South Carolina, and into "parishes" in Louisiana, from the French laws.

In 1851, a County Court was created (see Code of Iowa, 1851, chap. 15). The act creating the court gave the County Judge jurisdiction of probate affairs and clothed him with all the powers previously exercised by the Board of Commissioners. In short, it legislated the Commissioners out of existence.

396

THE TOWNSHIP SYSTEM

On the 22d of March, 1860, the State Legislature passed an act entitled an act creating a Board of Supervisors and defining their duties (see Revision of Iowa, page 48). This law went into effect July 4, 1860, and provided for the election of one Supervisor from each civil township. When assembled together for the transaction of county business, these town representatives were known as the Board of County Supervisors.

The township system had its origin in Massachusetts, and dates back to 1635. The first legal enactment concerning this system provided that, whereas, "particular towns have many things which concern only themselves, and the ordering of their own affairs and disposing of business in their own town," therefore, "the freemen, of every town, or the major part of them, shall only have power to dispose of their own lands and woods, with all the appurtenances of said towns, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders established by the General Court." They might also impose fines of not more than 20 shillings, and "choose their own particular officers, as constables, surveyors for the highways, and the like." Evidently this enactment relieved the General Court of a mass of municipal details, without any danger to the powers of that body in controlling general measures of public policy. Probably, also, a demand from the freemen of the towns was felt, for the control of their own home concerns.

Similar provisions for the incorporation of towns were made in the first Constitution of Connecticut, adopted in 1639; and the plan of township organization became universal throughout New England, and came westward with the emigrants from New England into New York, Ohio, and other Western States, including the Northern part of Illinois; and there being a large New England element among the population of Iowa, it is fair to presume that their influence secured the adoption of this system in Iowa, as created in the act already quoted. One objection urged against the county system was that heavily-populated districts would always control the election of the Commissioners to the disadvantage of the more thinly populated sections—in short, that under that system, equal and exact justice to all parts of the county could not be secured."

It seems, however, that the township system did not find general favor with the people of the State, for in 1871, the system was almost entirely abrogated. At least the law was so far repealed or modified that the Board of County Supervisors was reduced from one member form each civil township, to three members (see Code of Iowa, chap. 2). From the time this law went into effect in 1871, there has been no change in public management. The County Auditor is Clerk to the Board of Supervisors.

COUNTY OFFICERS IN SUCCESSION.

William Bonafield, the first Surveyor, has been succeeded by John Ross, D. Switzer, S. Whitmore, Robert H. Greenland, Samuel Jacobs, John Snook, A. R. Fulton, H. R. Skinner, A. R. Fulton, Isaac H. Crumley and Charles Reed.

J. W. Sullivan, the first Treasurer, has been succeeded by Willis C. Stone, J. T. Moberly, J. Ratliff, Greenup Smith, Jesse Woollard, Anson Ford, Samuel H. Bradley, H. P. Warren, T. B. Shamp, Robert Brown, Joseph A. McKemey, Geo. W. Pancoast, William S. Moore, L. P. Vance, Ira G. Rhodes, L. P. Vance and Samuel K. West.

James Saunders, the first Recorder, has been succeeded by W. Y. McGaw and Anson Ford. In 1851, the office was consolidated with that of Treasurer. The following Treasurers performing the duties of Recorder: Samuel H. Bradley, H. P. Warren, T. B. Shamp, Robert Brown, Joseph A. McKemey and George W. Pancoast. Since the separation of the office from that of

397

the Treasurer in 1865, Samuel H. Bradley, George H. Case, D. B. Miller, H. C. Rock and J. A. Montgomery. R. H. Stephenson elected in October, 1878, to succeed Montgomery.

The County Assessors were R. B. Allender and David J. Evans. In 1851, the system was changed and Township Assessors elected.

In 1851, Charles Kyle was elected County Road Supervisor; but this office was abolished in about two years, and the present system of District Supervisors established.

During the continuance of County Commissioners, John J. Smith, Daniel Sears, B. F. Chastain, William Hueston, Henry B. Notson, Robert Brown, Ezekiel J. Gilham, B. S. Dunn, Thomas Mitchell, Smith Ball, William A. Hendricks, William Brown, A. L. Connable, William Judd, Daniel Mendenhall, George Hannewalt and James H. Turner were members of the Board. The Board was abolished in 1851.

John A. Pitzer, Samuel Shuffleton, James T. Hardin, John Shields and Samuel H. Bradley served as Clerk to the Board of Commissioners.

In 1851, Henry B. Notson was elected Probate Judge. He was succeeded by Charles Negus and Barnet Ristine.

The County Judges were Moses Black, Thomas McCulloch, Samuel H. Bradley, William K. Alexander, A. R. Fulton and Thomas Morgan.

The Board of Supervisors was then established. J. H. Allender, M. W. Forrest, W. T. Burgess, Thomas Pollock, R. T. Gilmer, H. B. Mitchell, Thomas Charles and Robert Dougherty have served as Supervisors.

The office of County Auditor was also established. Thomas Morgan, D. B. Miller and S. M. Boling have filled this office.

The office of School Fund Commissioner existed from 1847 to 1857, Robert Brown, F. M. Allen, W. C. Jones and W. K. Alexander serving successively in that capacity.

The system of County Superintendent of Schools being adopted, the office has been filled by Reed Wilkinson, Robert S. Hughes, S. V. Sampson, David Heron, J. N. Edwards, W. H. McCrackin, T. A. Robb, McKenney Robinson and John Grinstead, the present incumbant.

RESUME.

The first meeting of the Board of County Commissioners was held at the village of Lockridge, on the 8th day of April, A. D. 1839. Only two of the Commissioners, as appears from the entry in the old journal, were present when the first order was made. That order is in the words following:

Ordered, That John A. Pitzer be appointed Clerk of the Board of County Commissioners, in the county of Jefferson.

Mr. Pitzer subscribed to the following oath:

TERRITORY OF IOWA, Jefferson County:

I, John A. Pitzer, do solemnly swear that I will truly enter on record all the orders and proceedings of the Board of Commissioners of Jefferson County, and that I will faithfully and impartially perform all the duties of Clerk of said Board, while I shall remain in office, to the best of my abilities. So help me, God.

(Signed)

JOHN A. PITZER

Sworn and subscribed before me this 8th day of April, A. D. 1839.

April the 8th, 1839

DANIEL SEARS, J. P.

The Board was then declared to be fully organized according to law, and ready for the transaction of county business, when it was

Ordered, That the Surveyor of Henry County be employed and ordered by the Clerk to attend on Wednesday, the 17th of April, A. D. 1839, for the purpose of surveying and laying out the town of Fairfield, in the county of Jefferson.

It was further ordered that there be a sale of lots in the county seat of Jefferson County, on Wednesday, the 15th of June, 1839, and that the sale be advertised in the towns of Fort Madison, West Point, Salem, Mount Pleasant, Keosauqua, at Pickerell's Mill, Farmington, Lockridge, William Vinson's John Mellen's, Henderson's Mill, John Morgan's, Enos Elmaker's shop, Moffiatt's Mill, and by four insertions in the Burlington Gazette. B. F. Chastain was directed to post up the advertisements at Pickerell's Mill, John Millen's, John J. Smith's, Enos Elmaker's and John Morgan's. Daniel Sears was directed to post notices of the sale at Salem and Henderson's Mill. John

398

J. Pitzer, the Clerk, was directed to "have the same advertised at Mount Pleasant, Fort Madison, Farmington and Keosauqua."

Terms of Sale.—One-third of the purchase money to be paid in six months, and the balance in twelve months, with bond and approved security. In case of failure of the purchaser to meet the payments, the property to be held responsible for the purchase money.

This "order" bears the signature of the Commissioners.

The oath of John A. Pitzer, as Recorder, was next entered of record, when it was

Ordered, That all taxable property in this county be taxed at the rate of 50cents per $100.

Ordered, That Samuel Moor be paid $26 for summoning grand and petit jurors, advertising election and notifying Commissioners to locate the county seat of Jefferson County.

Ordered, That the board of Commissioners adjourn—fees be reduced to $2.00 per day, and that the Board adjourn until Wednesday, the 17th inst., at 10 o'clock A. M.

(Signed)

JOHN J. SMITH,
DANIEL SEARS,
B. F. CHASTAIN,
Commissioners.

If a meeting of the Commissioners was held on the 17th, no record was made of their proceedings. The next meeting of which any record appears, was held on the 1st of May, when it was

Ordered, That Alexander Kirk and Baker Alender be appointed Constables until the next general election.

Ordered, That County orders be issued to the amount of %50, for stationery for the use of the county.

William Bonafield filed his official oath as County Surveyor.

There is no entry showing when this session adjourned. The journal entries abruptly terminate with the record of Bonafield's official oath. The next order appears under date of May 17, when it was

Ordered, That James M. Snyder be paid $68 for services in laying out the town of Fairfield.

After which the Board adjourned until the 25th of May. At that meeting it was "Ordered, That the liberty-side of a dime be the seal of said Board. It was also

Ordered, That William Olney be paid $200.

There is nothing on the journal to show for what purpose this order was issued; but it is learned from other authority that it was in part payment for the erection of the first Court House, which was built on Lot 8, Block 14, at the southwest corner of the park, on the lot now occupied in part by Allmayer's clothing house. The old "temple of justice" was completed and ready for occupancy in December, 1839. This building served the purpose for which it was erected until the present brick Court House was built. When the business of the county began to demand more business houses, and the space around the square was required for their occupancy, the old frame building was removed to the corner directly west of its original position, and is now occupied by J. J. Gibson as a cabinet-shop.

FIRST ELECTION PRECINCTS.

June 27, 1839, the Commissioners being in session, it was "Ordered, that a precinct be organized embracing Township 73 in Range 9 west, and also 73 in Range 8 west (now Walnut and Penn Townships), to be called the Pleasant Prairie Precinct." Elections were ordered to be held at the house of John Mellen. William Pickerell, Josiah Lee and John Miller were appointed to be Judges of Elections. "Also, a precinct embracing Township 72, Range 8

399

west, and also Township 72, in Range 9 west, to be called Brush Creek Precinct" (now Lockridge and Buchanan Townships). Elections were ordered to be held at the house of David Keltner, and Samuel Berry, John Parsons and Joseph Aikenbottom were appointed to be Judges of Election. "Also, a precinct embracing Township 71, in Range 8 west, and 71, in Range 9 west, to be called Round Prairie Precinct" (now Round Prairie and Cedar Townships). The house of James Lanman was designed as the voting-place, and James Gilmer, James Lanman and Samuel S. Walker were appointed to be a "returning board" or Judges of Election. "Also, a precinct embracing Township 71, in Range 10 west, and Township 71, in Range 11 west (Liberty and Des Moines) to be called Cedar Creek Precinct." Elections were ordered to be held at the house of Frederick Fisher, and Joseph S. Roll, Greenup Smith and Frederick Fisher were appointed Judges of Election. "Also, a precinct embracing Township 72, in Range 10 west, and Township 72, in Range 11 west (Fairfield and Locust Grove), to be called Locust Grove, the elections to be held at the house of William Vincent; and William Vinson, Reuben Root and John D. Glenn" were appointed to be Judges of Election.

Two Justices of the Peace and two Constables were ordered to be elected in each of the precincts at the next general election. At the same session it was

Ordered, That Roger N. Cressup be paid $21 for services in locating the county seat of Jefferson County; and also, that Joshua Owens be paid $21 for services in locating the county seat of Jefferson; and also, that Samuel Hutton be paid $24 for services in locating the county seat of Jefferson County.

John A. Pitzer was allowed $23.33 1/3 for "services as Clerk of the Board of County Commissioners up to the 18th day of May, to be paid by the 15th of November." Joseph Parker was allowed $1.50 "for carrying the surveyor's chain one day while locating the county seat of Jefferson County, to be paid six months after date." George W. Troy was allowed the same sum for the same kind of service, and payable at six months. Money was scarce, and the county was a "new beginner."

It was also "Ordered, that any person wishing to build in the town of Fairfield, is hereby authorized to build on lots that will not be reserved by the Commissioners, according to the manner of reserving lots as heretofore. Lots numbered 2, 4, 6, and 8 in each block will be so reserved. Persons building on these lots that are not reserved shall have them at an average price with those sold at public sale of a similar situation." It was also "Ordered, that any person making a selection of a lot shall have twenty days to commence improving said lot." The Board then adjourned.

Between this adjournment and the general meeting in July, following entry appears of record:

"This day came Andrew Kennedy, of the town of Fairfield, Jefferson County, Iowa Territory, and pre-empted Lot No. 6, in Block No. 8, according to an order of the Board of County Commissioners of said county, on the 8th day of June, 1839, authorizing persons to improve lots in the town of Fairfield, June 29, 1839. And Thomas H. Grey came on the same day and done as above.

"JOHN A. PITZER, Clerk."

Mr. Kennedy seems to have been the first person to pre-empt a lot in the new county seat. Whether Mr. Grey pre-empted a lot is not quite clear from the record quoted.

At the July session, James Gilmer was allowed "$$ for assessing taxable property, to be paid six months after date.

There are no records or books to be found in the county officials offices to show the value of the personal property assessed by Mr. Gilmer,nor is there anything

400

on record to show when he was appointed. In fact, many of the early records and papers are lost. In the garret of the Court House there is a huge mass of papers relating to county affairs, but they are in mixed confusion. To attempt to find any particular papers would be like trying to find a needle in a hay-stack. Instead of having been carefully preserved, as the law and interests of the county demand, bushels upon bushels of the old papers have been bundled away in a dark, obscure place to become nests and hiding-places for rats and mice. It is a condition of affairs that out not to be tolerated. In the event the Court House should take fire, these records would become a total loss. The chances of such a loss ought to be removed by carefully overhauling the papers, assorting, labeling and filing them away. If the people of the county are wise, they will see that it is done, and done at once. This condition of affairs shows a gross and criminal carelessness on the part of the officials to whom the people intrusted the management of their public affairs.

On the 1st of July, the Board "Ordered, that in addition to an order authorizing citizens to improve town lots in the town of Fairfield, that persons making selection of lots in said town will be required to reasonably progress with a building on said lot, or otherwise said lot, together with all labor, if any be done, shall be forfeited."

On the 21st of July, it was further "Ordered, that the order authorizing persons to build on lots in the town of Fairfield, shall be amended by saying that Lots 1,3,5 and 8, in Block 4, will be subject to settling according to the order on the 8th of June, 1839."

Another order for $200 was direct to issue to William Olney, Court House contractor, payable on or before the 15th day of November.

THE FIRST ROAD

July 29, 1839, the first road survey was ordered in these words:

Ordered, That there be a road surveyed and laid out in the county of Jefferson, commencing at the town of Fairfield, in said county; thence the nearest and best route to John J. Smith's ford, on Big Cedar; from thence the nearest direct route to Frederick Fisher's; from thence the most eligible route to the county line on the direction to Iowaville or Keokuk's old village, on the Des Moines River. And that George W. Troy, James L. Scott and John Morgan are hereby appointed Commissioners to review and establish said road—the Commissioners to meet at the town of Fairfield, and proceed to lay out said road as the law directs.

The time the Commissioners should meet was not quoted—an oversight, perhaps, in the Clerk.

At the same date with the above order, a second sale of lots in Fairfield was ordered to be held on the 10th day of "September next, which will be continued from day to day, if the Commissioners think it necessary; the condition of said sale to be the same as the first sale, or the sale on the 15th day of May last." And

Ordered, That Alexander Kirk be paid $2 for crying the sale of lots on the 15th day of May last.

The old journal shows that a meeting of the Commissioners was held on the 3d of August, 1839, at which session the Board made some changes in the Judges of Elections, as previously appointed, and audited and allowed sundry accounts. Daniel Sears, one of the Commissioners, was allowed $28 for official services; B. F. Chastain was allowed $12, and the Clerk was allowed $25 for services as Clerk of the Board, $4.84 for recording town plat, etc., and $5 for extra services, in the District Court. John Payton was allowed $1.50 for services in laying out the town of Fairfield. These several sums were ordered to be paid "on or before the 15th day of December next."

401

This was the last session previous to the regular election. Ad interim, licenses were granted to John W. Edwards for vending merchandise for the term of two months from the 4th day of August, and to Sullivan S. Ross for the same business for the term of six months from the same date. A peddler's license was issued at the same time to David Switzer for the term of four months. There are no entries or figures to show the amount of revenue accruing to the county from this source. Unquestionably, there was a price fixed, but from some cause the Clerk and Commissioners failed to make a record of the same. Among others licensed to keep "grocery" in the early days of Fairfield, was U. S. Senator Nesmith, of Oregon, who was then a young man, ambitious, but rather verdant.

Top

First Regular and General Election