Acts
of the Board of County Commissioners
(page 264-277)
The first meeting of the
Board of County Commissioners was on the 6th day of
October, 1838, at Prairie La Porte, now Guttenberg. No
business was transacted save that of organization, and
the appointment of Dean Gay, Clerk of the board. An
adjournment was then had till the 13th of October, when
they re-assembled at the same place.
The first business transacted by the board was the
appointment of John W. Griffith, Assessor for the ensuing
year, and George W. Jones, Allen Carpenter and Baldwin
Oldstead, Road Commissioners.
The county was divided into four election precincts, the
first commencing at the southeast corner of range one
west, thence west to the southwest corner of ninety-one,
thence north to the northwest corner of said town, thence
east to the channel of the Mississippi.
The second "commencing at the southeast corner of
fraction range two, thence west to the southwest corner
of four west, thence north to the northwest corner of
four west, ninety-three north, thence east to the channel
of the Mississippi line." The third commencing
"at the southeast corner of range three west,
ninety-four north, thence west to the southwest corner of
fraction six west, ninety-four north, thence following
the Black Hawk line to the obtuse angle of six west,
thence following the purchase line to the Mississippi
River." The fourth commencing at "the southeast
corner of four west, thence west on the county line to
the southeast corner of six west, thence north to the
purchase line, thence following said line to the
southwest corner of fraction six west, thence east to the
northwest corner of four west, ninety-three north, thence
south to the southwest of four, ninety-two north, thence
east to the northeast corner of range three west,
ninety-one north, thence south to the county line."
The court ordered all elections in the first precinct to
he held at the house of Henry Holtzbecker; in the second
precinct at the house of Harman Graybill; in the third
precinct at the house of Jesse Daudly; in the fourth at
Boardman's mill. The court left it to the discretion of
those living in any precinct not of sufficient number to
organize an election to cast their votes at the nearest
precinct adjoining their place of residence.
Ambrose Canada was appointed Commissioner of Common
Schools for the first precinct, Harman Graybill for the
second, Jesse Daudly for the third, Mr. Downie for the
fourth.
The first proceedings do not give the names of the county
commissioners, who were Robert Campbell, William D. Grant
and George Culver.
The third meeting of the court was held at Prairie La
Porte, Nov. 20, 1838, Robert Campbell and William D.
Grant being present. A tax was levied upon the property
of the citizens of the county, and the collector ordered
to collect the sum by the first day of January following.
David Springer, Henry F. Lander and Henry Holtzbecker
were appointed judges of election for the first precinct;
John Gillett, Patton McMullen and Baldwin Olmstead for
the second; Jesse Daudly, Allen Carpenter and C.S. Edson
for the third. For the fourth precinct no judges were
appointed, it being probable that there were not a
sufficient number of voters living within its boundaries
to organize an election.
The fourth meeting of the board was held at Prairie La
Porte, Jan. 7, 1839, all the members being present.
A new election precinct was found to include the
townships of ninety-one and ninety-two, range four west,
to be known as the fifth election precinct, the elections
to be held at the house of George Culver, the judges of
election to be George Culver, William W. Wayman and
Baldwin Olmstead.
On the 21st of January the commissioners again met, but
transacted no business of public interest.
During vacation the first application was made for
license to retail "ardent spirits," and the
clerk entered upon the records of the court the following
minutes:
"Peter Legree made application for permit to retail
ardent spirits on the 19th of March, and I granted the
same according to the last act of the Wisconsin
Legislature. Done at Prairie La Porte, March 19, 1839.
Dean Gay, Clerk of Board County Commissioners.
Why the permit was granted according to the act of the
Wisconsin Legislature is unknown, and it can only be
surmised that the clerk did not have access to the Iowa
statutes, and that his act must be done according to some
law made and provided, and the Wisconsin law was as good
as any.
Needham Dudley was appointed Assessor for 1839, but not
qualifying, George Culver was appointed and performed the
duties for the year.
On the 29th of May, W.D. Grant and Robert Campbell met
and surveyed the lands for the location of the county
seat. At the same time they appointed judges of election
for each of the five precincts.
L.B. Tomkins was appointed Clerk of the Board of County
Commissioners, and entered upon the discharge of his
duties, vice Dean Gay.
On the first of July "James A. McClellan made
application for vending goods and liquors, and it was
granted according to the last act of the Iowa
Legislature."
The jurisdiction of Clayton County extended a great
distance, as will be seen by the following order of the
commissioners under date July 13, 1839:
"On the petition of F. Andros, license is hereby
granted Lewis Massey, of St. Peters, to keep a ferry
across the Mississippi one mile above Fort Snelling, for
one year from date hereof, for the sum of $10."
The license of a tavern and grocery keeper was higher
than in many other counties in the Territory at this
time, as Herman Greybill was assessed in the sum of $55
for keeping the same one year at Prairie La Porte.
At the August election, 1839, Patton McMullan, H.F.
Lander and William W. Wayman were elected County
Commissioners.
The first meeting of the new board was held Aug. 12,
1839. No business was transacted save organization.
Charles E. Bensell was appointed Clerk of the board,
"during the option of the commissioners," at a
mutiny held in September.
S.B. Olmstead, William Walker and Herman Greybill were
appointed Road Commissioners for one year, and the
following named School Commissioners for the same time:
Precinct No. 1, Ambrose Kennedy; No. 2, Harman Graybill;
No. 3, Jesse Daudly; No. 4, John Downie; No. 5, Horace
Mallory.
On the 8th day of October, 1839, the following order was
entered upon the records of the court.
"Ordered. That notices be circulated and posted, for
the purpose of letting out the building of a court-house
and other buildings at Prairie La Porte, the county
seat."
This order was annulled at a meeting held October 19.
The commissioners were determined, if possible, to have
good roads, and to that end "it was ordered that
each free male white citizen of the county of Clayton be
compelled to work five days on such roads as the
supervisor of each precinct they reside in shall
order."
At a meeting of the board held Nov. 12, 1839, Charles E.
Bensell resigned, and H.D. Bronson was appointed to fill
the vacancy as Clerk of the Board.
On the 5th of December the following order was made:
"It is ordered that there be a court-house built on
the public square at Prairie La Porte, by the first of
September next, size and quality of building to be
hereafter mentioned. Also, that the sale of town lots
take place on the first Monday in April next. Also that
the furnishing materials and building said court-house on
the public square in Prairie La Porte to be finished by
the 15th of September.
"Resolved, Further, That the sale and
building be advertised in the Iowa News for
three months."
The citizens of what is now the State of Minnesota
desired to have a part in the government of the county,
and vote at such election as might be ordered, therefore
the following orders were made:
"Ordered, That the settlement at the outlet of Lake
Pepin compose an election precinct, to be called the
sixth precinct, and that Charles Sweet, Oliver Cratt and
James Wells be appointed the first judges of
election."
"Ordered, That the settlement at the mouth of the
St. Peters River compose an election precinct, to be
called the seventh precinct, and that A.J. Bruce,
Franklin Steele and H.H. Sibley be appointed the first
judges of election."
The third election precinct, the boundaries of which have
heretofore been given, was abolished by the board, and a
new district formed, comprising townships ninety-four and
ninety-five north, of range three and four west, to be
known as the third precinct.
The commissioners could not wait for the completion of
the court-house, and therefore the following appears upon
its records:
"The board having taken into consideration the
necessity of erecting a building to be used as an office
for the county, and in which the books and papers of the
county can be safely deposited."
"Resolved, That the erection of such
building is necessary, and that the board proceed to make
the contracts for the erection thereof."
The board then proceeded to contract with Robert Hetfield
for the delivery of the stuff necessary for the erection
of a county building, and with David Hastings for the
construction thereof."
On the 10th of July, 1840, H.D. Bronson resigned the
office of Clerk of the board and Alfred Northam was
appointed to fill the vacancy.
At a meeting of the board held Aug. 3, William Walker
applied for a license to keep a ferry across the
Mississippi River, at or near the mouth of Turkey River.
A license was granted, and the board fixed the following
fees:
For
each person ...
For each horse or mule ...
For each wheel carriage, for each wheel ...
For every head of cattle ...
For every head of swine or sheep ...
For every cwt. of freight over five cwt ... |
$0.25
50
25
50
12½
10 |
Thomas P.
Park was also granted a license for a ferry across Turkey
River, at a point where Mead's branch entered the same,
and authorized to receive the following rates of
ferriage:
For
each person ...
For each horse or mule ...
For wheel carriages, each wheel ...
For every head of cattle ...
For every head of swine or sheep ...
For every cwt. of freight over five cwt ... |
12½
25
12½
25
6¼
5 |
The claim
of Robert Hetfield for material for the county building
amounting to $73.50 was allowed, and of David Hastings
for erecting the same, $23, was also allowed. Thus
Clayton's first county building cost $96.50.
At a meeting of the board held Feb. 1, 1841, the assessor
was ordered to assess the people at St. Peters, and at
all intermediate points between the county seat and that
place.
Daniel Justice, at the April term of the Commissioners'
Court, was fined the sum of $2 for contempt of court.
Under date of July 6, 1841, the following was placed upon
the records:
"We, the undersigned, through the medium of the
records of the Board of county Commissioners, do declare
and make known that we herewith resign, each of us, the
office of County Commissioners of Clayton County,
reserving the right to perform the duties of said office
until our successors are duly elected, and qualified for
said office according to law.
H.F. Lander,
Elisha Boardman,
W.W. Wayman.
No reason is assigned for
the act of the commissioners, and so far as the records
go one is left in the dark as to why their resignations
were given.
On the 23d of August the court assembled, and after
discharging some business it was "ordered that the
court adjourn that their successors may enter upon the
discharge of the duties of county commissioners."
Their successors were Eliphalet Price, A.S. Cooley and
Thomas C. Linton. Charles L. Lagrave was appointed Clerk
of the board.
The new board, desiring to have a full nderstanding of
the financial condition of the county, had the books
"posted," as will be seen from the following:
"Whereas the books of the Board of County
Commissioners have been posted up to this date from the
8th day of October, in the year 1839, it is herewith
declared by record that the expenditures amount to the
sum of $3,054.72, and the receipts for the same period of
time to the amount of $2,096.59, making the indebtedness
of the county $959.13, at this present date."
At the October term of the court the assessor was
instructed not to assess any property more than fifty
miles beyond the bounds of Clayton County.
At the February, 1842, term E.B. Lyon was appointed Clerk
of the board.
The first bounty offered for wolf scalps was at the
March, 1842, term; $1.50 was offered for black or gray
wolves; under six months, 75 cents; prairie wolves,
$1.00; under six months, 50 cents.
In April, 1842, E.B. Lyon resigned the position of Clerk
of the board and Robert R. Reed was appointed to fill the
vacancy.
The following enactment bears date July 4, 1842:
"Be it enacted by the Board of County Commissioners
of Clayton County, that from and after the passage of
this act, the polls in Boardman precincts shall be opened
at the house and residence of Elisha Boardman and not at
the Dry Mill as before."
At the February term in 1843 the indebtedness of the
county was found to be $625.28.
On the second day of October, 1843, the board met for the
first time at the new county seat, Jacksonville, now
Garnavillo.
The indebtedness of the county was found by the board to
be $1,040.99.
By a record of the board, under date April 3, 1844, it is
learned that James King has a contract for the erection
of a court-house, that he had completed the same, and it
was accepted by the commissioners, the amount paid being
$675. Neither the articles of agreement nor the
specifications are a matter of record.
At a sesion of the board held April 4, 1844, the
boundaries of the various precincts were defined as
follows: "Millville precinct (No. 1), commencing at
the northeast corner of the county line on the
Mississippi River, thence running due south to the
southeast corner of said county, thence due west to
southwest corner of township ninety-one, range three
west, thence due north to the northwest corner of said
township, thence due east to the channel of the
Mississippi River, thence down said river to the point of
beginning." The elections of said precinct were
directed to be held at the school-house in Millville.
"Jacksonville precinct (No. 2), commencing at the
southeast corner of fractional township ninety-two, range
two west, thence due west to the center of township line
dividing townships ninety-one and ninety-two, range four
west of the fifth principal meridian, thence due north to
the center of township ninety-four, range four west,
thence due east to the Mississippi River, thence down
said river to the place of commencing." The
elections were appointed for the court-house at
Jacksonville. "Bloody Run precinct (No. 3),
commencing on the Mississippin River at the southeast
corner of the center line of township ninety-four, range
three west of the fifth principl meridian, thence due
west to township line dividing township line ninety-four,
range four and five west, thence due north to northeast
corner of township ninety-four, range five west, thence
due west to the neutral line, thence running northeast on
said line to the northwest corner of township
ninety-five, range four west, thence due south two miles,
thence due east on section line to the Mississippi River,
thence down said river to the place of commencing."
The elections, it was determined, were held at the house
of Lowdowick Mirale, in said precinct. "Yellow River
precinct (No. 4), commencing at the Painted Rock on the
Mississippi River, thence down said river to the corner
of township ninety-five, range three west of the fifth
principal meridian, thence down said river two miles,
thence due west on section line west side of township
ninety-five, range four west, thence due north to the
neutral line, thence following said line to the place of
commencing at the Painted Rock." The house of Thomas
C. Linton, on Yellow River, was designated as the place
for holding elections. Boardman precinct (No. 5),
commencing at the center of the south side of township
ninety-three, range four west of the fifth principal
meridian, thence due west to the northh-east corner of
Fayette County, thence due north to the neutral line,
thence following said line until it intersects Bloody Run
precinct (No. 3), thence due east to the northwest corner
of township ninety-four, range five west, thence due
south to the center of said township line, thence due
east to the center of township ninety-four, range four
west, thence due south to the place of commencing."
The elections were to be held at the school-house in
Poney Hollow. "Wayman precinct (No. 6), commencing
at the southeast corner of township ninety-one, range
four west of the fifth principal meridian, thence due
west to the neutral line, thence following said line with
its angles until it intersects the corner of Boardman's
precinct (No. 5), opposite the north corner of Fayette
County, thence due east to the center of township lline
dividing townships ninety-two and ninety-three, range
four west, thence due south to the township line dividing
townships ninety-one and ninety-two, range four west,
thence due east to the northeast corner of township
ninety-one, range four west, thence south to the place of
commencing." The house of W.W. Wayman was designated
as the place for holding elections.
April 10, 1845, a new precinct was established, called
the Bemis precinct, with the following boundaries:
"Township ninety-one north, range five west, and the
west half of township ninety-one north, range four
west." All elections held in said precinct were to
be held at the house of Horace Bemis, in said precinct.
Jan. 7, 1846, another precinct was established, and
bounded as follows: "Said precinct includes
fractional township ninety-two north, range two west, and
township ninety-three north range two west of the fifth
principal meridian." The house of Christian Wise was
designated as the place for holding the elections, and
the name of Guttenberg was given to the precinct.
Instead of an assessor for the entire county, one was
appointed for each precinct.
In October, 1844, John Baufill was allowed $200 for
lathing and plastering the court-house.
On the 5th day of November, 1845, the county
commissioners resolved upon the erection of a
"public gaol," according to the following
specifications: "It shall be built of hewed square
oak timber, laid close together; the walls are to be one
foot thick and twelve feet high; the room fourteen feet
square in the clear on the foundation, and nine feet in
the clear between the floors; the floor to have a trap
door three feet long and two feet wide; the oak planks on
the sides, and the bottom floor the same way. These
planks are to be filled with nails not more than one inch
and a half apart on the side next to the wall, then
spiked fast to the the wall with four-inch spikes, the
spikes not more than fourteen inches apart; the bottom
floor to be finished in the same way. There are to be two
grates fourteen inches square to be put in the walls of
the room as high as the upper floor will admit, to be
made of one-inch bar iron, the frame of the grate to be
made of heavy flat bar iron; there is to be left on the
frame of the grate a zell, or tenant, of three inches
above and below to sink it in the timber, and then to be
well spiked on to the wall. The upper floor is to be laid
with one-inch plank; the trap-door is to be made of
double two inch oak plank doubled and rivieted together
with twenty-four rivets, fastened to the floor by long,
stong staple hinges, a bolt three-fourths of an inch
thick to run through the floor riveted to the hinge, the
hinge to extend across the door, then to fasten by two
staples and two substantial locks, the keys to fit their
own locks only. The house is to be sided up or inclosed
with good oak or basswood siding. It shall be shingled
with good oak or pine of fourteen-inch shingles, not laid
more than four and a half inches to the weather. The
gable ends and roof are to be close sheeted before siding
or shingling. there is to be a god door in the gable end
with a clasp staple and lock. There is to be a good stong
flight of stairs to be built on the out-side at one end,
leading to the door of the gable end, running by the side
with railing and a platform to be left at the top of the
stairs, three feet square. The above building is to be
well under pinned with a stone wall, at least one foot
thick; the corner or end of each round of timber is to be
pinned with one-and-a-half inch pins, and the plates are
to be pinned in fur places in each log."
At a meeting held Jan. 6, 1846, bids for the erection of
the "gaol" were opened. The following were the
bids: Alfred Kinney, $557; Benjamin F. Forbes, $385;
Abraham Vandoren, $500; David Clark, $248. The last was
accepted by the board, Mr. Clark taking one-half the
amount in town lots, and the other half in cash from the
sale of lots.
The books being posted, it was found the indebtedness of
the county, Jan. 8, 1846, was $2,306.69½.
In 1847, at the April term of the County Commissioners'
Court, the county was divided into townships in order
that it might avail itself of its share of the school
fund of the State. The following is the record of
boundaries:
Township No. 1, Millville. --Fractional Township
91 north, range 1 and 2 west, and fractional Township 91,
range 1 and 2 east.
Township No. 2, Mallory. --Township 91 north,
range 3 west and the southeast quarter of Township 91
north, range 4 west.
Township No. 3, Lodomillo. -- The west half of
Township 91 north, range 4 west, and Township 91 north,
ranges 5 and 6 west.
Township No. 4, Hewitt. -- Township 92 north,
ranges 5 and 6 west, with Fayette County attached
thereto, east half of township 92 north, range 5 west,
attached to Volga Township.
Township No. 5, Volga. -- Township 92 north,
range 4 west, northeast quarter of Township 91 north,
range 4 west, southwest quarter of Township 92, range 3
west, and the east half of Township 92 north, range 5
west.
Township No. 6, Jefferson. -- Southeast quarter
of Township 92 north, range 3 west, and fractional
Townships 92 and 93 north, range 2 west.
Township No. 7, Garnavillo. -- North half of
Township 92 north, range 3 west, Township 93 north, range
3 west, the south half of Township 94 north, range 3
west, and the east half of Township 93 north, range 4
west.
Township No. 8, Boardman. -- The west half of
Township 93 north, range 4 west, Township 93 north,
ranges 5 and 6 west, the south half of Township 94 north,
range 5 west, the southwest quarter of Township 94 north,
range 4 west, and the southeast quarter of Township 94
north, range 4 west.
Township No. 9, Mendon. -- The north half of
Township 94 north, ranges 3, 4 and 5 west, and the south
half of township 95 north, ranges 3,4 and 5 west.
Township No. 10, Monona. -- The north haof of
Township 95 north, ranges 3, 4 and 5 west, and Township
96 north, range 3 west.
At a meeting held April 11, 1848, the east half of
township 92 north, range 5 west, was ordered stricken
from Hewitt Township and added to Volga Township. At the
same meeting sections 1, 2, 11, 12, 13 and 14 of township
92 north, range 3 west, and sections 1, 12, 13, 24, 25
and 36 of township 93 north, range 3 west, were taken
from Garnavillo and added to Jefferson.
At the same time the townships were formed the county was
divided into commissioners' districts. The townships of
Millville, Mallory, Lodomillo and Sperry formed District
No. 1; Volga, Jefferson and Garnavillo, No. 2; Boardman,
Mendon and Monona, No. 3.
At the April session, in 1848, a new jail was resolved
upon, the first having been burned, and plans and
specifications entered upon the records. At the May term
the contract was awarded to David Clark, for the sum of
$1,480. the building included a house for the use of the
jailor.
At the January meeting, in 1849, the indebtedness of the
county was found to be $1,533.60. This indebtedness was
further increased to $3,412.06½.
From this time until the commissioners were legislated
out of office but little business was transacted by the
board, save auditing bills, establishing new roads and
changing boundry lines of old ones. The following named
served as Commissioners for the time mentioned:
1838-9. -- William D. Grant,
Robert Campbell, George Culver.
1839-40. -- William W. Wayman, H.F. Lander,
Hatten McMellen.
1840-1. -- Same.
1841-2. -- William F. Wayman, H.F. Lander, Elisha
Boardman.
1842-3. -- Eliphalet Price, A.S. Cooley and Thos.
C. Linton.
1843-4. -- A.S. Cooley, James King and Daniel M.
Barber.
1844-6. -- A.S. Cooley, James King and Luther
Patch.
1846-7. -- A.S. Cooley, John Downie and Joseph B.
Quigley.
1847-50. -- A.S. Cooley, James Tapper and John W.
Potts. |
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