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History of Cedar
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Cedar County History (continued)
The result of that election, as copied from the record, was as follows:
The above instructions were signed and sealed by the Commissioners, and attested by the Clerk. The Assessor was also directed to take a list of the names of all persons in the county or counties subject to pay a poll tax.
Order 22 related to claims against the county, as follows:
Of that amount, twenty-five cents was for furnishing one quire of paper --- foolscap --- fastened together with white tape, on which to keep a record of the proceedings of the Commissioners, and this single quire of paper served to keep a complete record of the Commissioners' transactions from the beginning of the first session, April 2, 1848, until the 23d of March, 1840. The record, brown and musty with age, is carefully preserved in the Auditor's office, and is an interesting relic of half a century ago. The records were made in a clerkly hand, and, with the exception of the two first pages, the ink seems to have blackened with time. The suggestion may be out of place, but it occurs to the writer that it would be well for the authorities to have in bound. A hundred years hence, it will be far more valuable than it is now. On Cedar County's centennial day, April 2, 1938, nothing would be of more interest to the people who will live and exercise dominion then, than the old record that has added so largely to the interest of these pages.
Each order or entry made by order of the Commissioners, was numbered in regular numerical order, and have been so far copied verbatim et literation, to show the younger generation of Cedar County people how their fathers did business. As a rule, their orders were short, solid and sharp. They did not encourage the use of unnecessary or meaningless words, but left a record which their descendants can easily understand, and of which they need not be ashamed. At their May session, the Commissioners "agreed with Stephen Toney, that he should furnish and prepare a room in his house for the accommodation of the District Court during its first session in this county." The old house is still standing at the ferry landing at Rochester. At this session, the Commissioners accepted the bond of James W. Tallman as Assessor, and also enacted "that District No. 1 be no longer attached to District No. 2 for district purposes;" also, "that the election precinct in District No. 1 shall be at the house of Porter McKinstry, and that John Nesbitt, Peter Taylor and Porter McKinstry should serve as Judges of Election in District No. 1. The following named citizens were selected to serve as grand jurors, in addition to those chosen at their April session: Henry Buchanan, William Green, Abraham Kizer, J. W. Wilkinson, John Blalock, James Setford, George S. Smith, John Finch, William Morgan and Jackomyer Baldwin. Henry Buchanan died in Cedar County about thirty years ago. William Green also died in Cedar County. Abraham Kizer is a citizen of Linn County. J. W. Wilkinson removed to California about 1852, where he was still living at last accounts. John Blalock remained in the county until about 1868, when he removed to Keokuk County, where it is rumored he died a few years since. James Setford returned to Indiana (from which State he came to Iowa) about 1840, where he died about 1848. George S. Smith emigrated to California in 1849. Report came back that in attempting to cross the South Fork of the American River, his canoe capsized and that he was drowned. John Finch was killed by lightning in Hardin County where he was visiting, about the year 1862. Finch was a very profane man, and had often been heard to swear that nothing could kill him but lightning, and it seems a little singular that his death should have come that way. William Morgan removed to the south part of the State about 1852, and it is not known whether he is dead or still living. Jockomyer Baldwin died in Cedar County in 1876. The following additions were made to the petit jury so selected at the April session: James W. Potts, Nicholas Kizer, Hector Starrett, Conrad Sweitzer, John S.. Higginson, Stephen Toney, William Starrett, William Watson, Henry D. Morgan and Robert Miller. On the 25th of May the Board took up the several road petitions and proceeded to pass upon them. They "enacted that Viewers be appointed on the roads requested in Petition No. 5, and also on the road requested in Petition 2, from its commencement to the first point mentioned in the Petition." Prior Scott, Robert G. Roberts and James Buchanan were appointed Viewers "on the above roads," and directed to make their report on the first Monday in July. Section one of order No. 33, enacted that Viewers be appointed on the road requested in Petitions Nos. 4 and 6. The same order appointed William Miller, Thomas Lingle and Christian Holderman as Viewers. The last clause of the section
The Board then passed upon their respective claims for services at that session, and also the claim of James W. Tallman, as Sheriff in attendance, and then adjourned till 9 o'clock on Monday the 28th of May. Monday, May 28th, the Commissioners met pursuant to adjournment, and "enacted that Johnson County be the fifth election District, and that the election precinct be at Napoleon, at the house of John Mafford," and that Henry Felkner, Phillip Clarke and James Marcey should be the Judges of Election in District No. 5. Section 1, of order No. 40, enacted that a license to keep a tavern in the town of Rochester, be given to Stephen Toney for the term of one year for the sum of five dollars. A tavern license in those days included the privilege or right to keep and retail spiritous liquors, such as whisky, etc., and no tavern was considered a tavern that did not keep a full supply of the ardent. The remainder of the session was taken up in the examination of claims and road petitions, the appointment of Road Viewers, etc., when the Board adjourned until the first Monday in July, which was the 2d day of that month. The July session of the Board was principally taken up with road matters. Order No. 50 enacted that the "County of Cedar be divided into road districts as follows:
The following named settlers were appointed Road Supervisors:
This was the last order passed by the Board, subject to the jurisdiction of Wisconsin Territory. July 3, 1838, the law creating the Territory of Iowa became operative, and the county of Cedar was no longer subject to the jurisdiction of Wisconsin Territory. July 4,1838, for the first time, the Commissioners, strictly speaking, assumed to transact business under the Territorial laws of Iowa. The change or transition to the new order of things did not affect their business transactions, but everything went along smoothly as if the "Beautiful Land" had not taken the initiatory step toward the functions of a great State. The first order made by the Board, subject to the jurisdiction of Iowa Territory, related to the writ referred to in order No. 52, and recited that "the writ issued against Orrin Lewis was returned with the body of Lewis and his child. Order No. 54 renewed or extended the ferry license of George McCoy until the 4th of April, 1839, "according to the tenor of the permit granted him on the 4th of last April, for which he is to pay the sum of five dollars." Order No. 55 directed the custody of Lewis' child to be given to James W. Tallman, as agent for the Board of Commissioners, and instructing him (Tallman) to provide for the said child until the next annual session of the Board. From the best sources of information accessible, it appears that Lewis has so neglected his child as to allow it to become an object of solicitude among the people who knew the circumstances. Some of them made complaint to the Commissioners, when the writ was issued as mentioned in Order No. 52. For many months the little charge was known as "Tallman's baby." "Tallman-how's your baby?" was the salutation that greeted him when he met any of his acquaintances, as long as he kept it in his care. The first County Orders issued bore date July 6, 1838. They were issued, to the parties, and for the amounts, named below:
July 7, the Board "received notification that the family of Matthew Turner were in a suffering condition," and agreed to "meet at his house to-morrow morning, at 9 o'clock, to make provision for their relief." This, if the child of Orrin Lewis be excepted, was the first instance where the Board of Commissioners of Cedar County were called upon to afford relief to the destitute and suffering, and was the beginning of that guardianship and charity for the poor for which the county has become noted. The same day, the Board directed the issue of the following County Orders;
Road matters claimed a good deal of the attention and time of the Commissioners in early days, in the management of which they exercised a great deal of care and wisdom. Order 63, passed at the July session, 1838, declared that all roads should be sixty-six feet in width, and in Order 64, the clerk was directed to transmit to the several Supervisors the following instructions.
First Tax Levy.August 13, 1838, the County Commissioners
October 15, 1838, the tax for road purposes was reduced to five mills on the dollar, when it was
January 18, 1840, the records show the following settlements to have been made with E. E. Edwards, County Treasurer, and George McCoy, Sheriff:
Settlement made with G. McCoy, Sheriff.
The following statement shows the financial condition of the county Saturday, January 18, 1840:
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