Pioneers of Marion County by Wm. M. Donnel, 1872

Chapter VIII

First Election - First Political Convention - Name Proposed for the County - Organizing Act

At the time of its first settlement, the territory now embraced by Marion county belonged to and was under the judicial jurisdictiou of, Washington county, together with the counties of Mahaska, Koekuk, Warren, and all other territory west of it, so far as the purchase extended. Washington was then the most western organized county in the same belt now included in the above named counties, and was, therefore, necessarily their seat of justice, and the authority from whence they derived such temporary organizations as were needed for election and judicial purposes.

In 1843, several election precincts were organized by authority of Washington county, extending through these sparsely settled districts, and one of the (perhaps the most western) included a large portion of Marion. This was called “Lake Precinct,” and the election came off on Lake Prairie, on the first Monday in October, 1843. In 1844, three or four precincts were established in the county, and another election was held on the first Monday in April of that year. This was on the occasion of the organization of Mahaska county, and Stephen Druilard, who lived on White Breast Prairie, and was elected as one of the county commissioners for that county, of which Marion was made an attached part, as it had been to Washington. At that election each precinct also elected two justices of the peace, and two constables, to serve until the August election of that year, the names of whom we have not been able to obtain. The last elections held in connection with Mahaska county, were in April and August, 1845.

In the spring of 1845, a movement was made to secure a separate county organization. A meeting, or convention, composed of a few of the more prominent citizens of the county, interested in the movement, was held at the house of Nathan Bass, on Lake Prairie.* The following named persons were present: Lysander W. Babbit, George Gillaspy, Reuben Matthews, Homer Matthews, David T. Durham, Nathan Bass, Joseph Druilard, John Williams, Levi Bainbridge, Isaac N. Crum, Simon Druilard, John W. Alley, and a few others. The meeting was organized by the appointment of Simon Druilard, chairman, John W. Alley, secretary.

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*The cabin at which this meeting was held, stood on the north bank of the Des Moines river, in the north-west corner of section 19, township 76, range 18, now Lake Prairie township. It has long since disappeared, and repeated freshets have washed away the bank for several rods inland from where it stood. Mr. Van Lent, a Hollander, now owns the land then claimed by Mr. Bass. We are thus particular, because it may interest the reader to be able to find upon the map, or know when he passes it, a place rendered in some degree memorable by the scene of the first political movement in the county looking to its distinct organization.
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One object of the meeting was to propose a name for the county, and another was to recommend some person to act as organizing sheriff, subject to appointment by the legislature; also to choose some of the candidates for county offices, to be voted for at the first election to be held for that purpose, the time of which was designated by the organizing act, a complete copy of which will be given in this chapter. But perhaps the most important object of the meeting was to influence a river location for a county seat. The residences of most of the above named citizens were along the river and in its neighborhood, and consequently their interests had much to do with whatever influence they could lawfully exercise to secure its location on the river. Red Rock was once an aspirant for the honor of being the seat of justice, and contended for it on the ground of its location on the river, by the navigation of which she would have the advantage of commercial communication superior to any inland location. This argument might have secured her the place, but for the overwhelming fact that the town plat was occasionally found to be below high water mark. Evidences of floods that covered the place to the depth of several feet, at some remote period, are still visible upon the bark of the trees. In the spring of 1849 the town was nearly covered, and again in 1851 it was subjected to an overflow that forced the inhabitants to leave it.

This object of the meeting was opposed by the inhabitants of other parts of the county, who derisively gave it the name of “Cornstalk Convention.” Perhaps this was partly suggested by the fact of immense crops of corn being produced on the rich bottom prairies along the river.

After the meeting was organized, several names were proposed for the new county. The president offered Nebraska; L. W. Babbit, Pulaski; Reuben Matthews, Center; after which Mr. Bainbridge spoke at some length on the fitness of names, denouncing the too common custom of honoring foreigners and noted Indian chiefs, by giving their names to our states, counties, and towns, and concluded by proposing MARION, the name of a distinguished patriot of the War of Independence, as the most suitable one that could be chosen. The proposition was seconded, and adopted by a unanimous vote.

A vote was then taken on the choice of a candidate for organizing sheriff, and the choice fell upon Joseph Druilard.

Immediately after the convention, petitions were circulated and sent to the legislature, proposing the name of the county as chosen by the convention. By private letter, also, directed to S. B. Shelledy, representative from Mahaska,* George Gillaspy was recommended for sheriff; but, for some reason, that body disregarded the applications of the people for the appointment of either of the above named candidates, and appointed William Edmondson, the then sheriff of Mahaska county, to the post of organizing sheriff of Marion.

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*During that session Mr. Shelledy introduced a bill for the partial organization of two tiers of counties, designating their boundaries, and applying their names. Four of these counties, Webster, Story, Madison and Warren, still retain the names then given them.
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Having obtained the above facts by much labor and research, revising and correcting from time to time, as additional information rendered it necessary so to do, in order to arrive at the correct and connected datails, we here introduce--

“AN ACT.
“TO ORGANIZE THE COUNTY OF MARION.*

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*The following is an extract form the journal of the council of the seventh general assembly, dated May 5, 1844, giving the proceedings of that body upon this act, just previous to its passage:

“Mr. Selby, form the committee or the judiciary, to which was referred, No. 61, H. R. file, A bill to organize the county of Marion, reported the same back to the council, with amendments, to which the council agreed.

“On motion of Mr. Coop, the 13th rule was suspended, and the bill was read a third time.

“A motion was made by Mr. Hempstead, that ‘Marion’ be stricken out, and the word ‘Polk’ inserted, which passed in the negative.

“Yeas 4 - -nays 8.

“The yeas and nays being demanded,

“Those who voted in the affirmat’ve were - Messrs. Abbe, Hempstead, Summers, and Mr. President.

“Those who voted in the negative were - - Messrs. Bradley, Brattain, Brierly, Coop, Lefier, Selby, Stephenson and Thompson.

“The bill was then passed, and its title agreed to.

“Ordered, that the secretary acquaint the house of representatives therewith.
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"SECTION 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, That the following shall constitute and be the boundary of a new county, to be called MARION; to-wit: Beginning at the north-west corner of Mahaska county, and running west on the township line dividing townships seventy-seven and seventy-eight, north, to the north-west corner of township seventy-seven, north of range twenty-one west, thence south to the south-west corner of township seventy-four, north of range twenty-one west, thence east along the township line dividing townships seventy-three and seventy-four north, to the south-west corner of Mahaska county, thence north along the range line dividing ranges sixteen and seventeen, to the place of beginning.

“SECTION 2. That the county of Marion be, and the same is, hereby organized from and after the first Monday in August next, and the inhabitants of said county shall be entitled tot he same privileges to which , by law, the inhabitants of other organized counties of this territory are entitled.

“SECTION 3. That for the purpose of organizing said county, it is hereby made the duty of the clerk of the district court of said county, and in case there should be no such clerk appointed and qualified, or for any cause said office should become vacant on or before the first Monday in August next, then it shall be the duty of the the sheriff of Mahaska county to proceed immediately after the first Monday in August, to order a special election in said county, for the purpose of electing three county commissioners, one judge of probate, one county treasurer, one clerk of the board of county commissioners, one county surveyor, one county assessor, one sheriff, one coroner, one county recorder, and such number of justices of the peace and constables as may be directed by the officer ordering the same, he having due regard for the convenience of the people, which special election shall be on the first Monday in September next; and that the officer ordering said election shall appoint as many places of election in said county as the convenience of teh people may require, and shall appoint three judges of election for each place of holding in said county, and issue certificates of their appointment; and the officer ordering said election shall give at least ten days notice of the time and place of holding said election, by three advertisements, which shall be posted up at three of the most public places in the neighborhood, where each of the polls shall be opened.

“SECTION 4. That the officer ordering said election (aforesaid) shall receive and canvass the polls, and grant certificates tot he persons elected to fill the several offices mentioned in this act; the officer ordering each of said elections shall discharge the duties of a clerk of the board of county commissioners, until there shall be one elected and qualified for said county.

“SECTION 5. Said election shall, in all cases not provided for in this act, be conducted according to the laws of this territory regulating general elections.

“SECTION 6. The officers elected under the provisions of this act shall hold their offices until the next general election, and until their successors are elected and qualified.

“SECTION 7. The officer ordering the election in said county shall return all the books and papers which may come into his hand by virtue of this act, to the clerk of the board of county commissioners of said county forthwith, after said clerk shall be elected and qualified.

“SECTION 8. That it shall be the duty of the sheriff of Mahaska county to perform the duties required by this act, until the first Monday in September next, and until a sheriff shall be elected and qualified for said county of Marion, and the said sheriff shall be allowed the same fees for services rendered by him under the provisions of this act, that are allowed for similar services performed by the sheriff in similar cases.

“SECTION 9. That the clerk of the district court of said county of Marion may be appointed by the judge of said district, and qualified at any time after the passage of this act, but he shall not enter upon the duties of said office prior to the first day of August next.

“SECTION 10. That all actions at law in the district court for the county of Mahaska, commenced prior to the organization of the said county of Marion, where the parties, or either of them, reside in the county of Marion, shall be prosecuted to judgment or decree, as fully and effectually as if this act had not passed.

“SECTION 11. That it shall be the duty of all justices of the peace residing within said county, to return all books and papers in their hands, appertaining to said office, to the next nearest justice of the peace which may be elected and qualified for said county, under the provisions of this act, and all suits at law which may be in the hands of such justice of the peace, and unfinished, shall be completed or prosecuted to final judgment, by the justice of the peace to whom such business or papers may have been returned.

“SECTION 12. That the county assessor elected under the provisions of this act for said county, shall assess the said county in the same manner, and be under the same obligations and liabilities, as now is, or may hereafter be, provided by law, in relation to the county assessor.

“SECTION 13. That Ezra M. Jones, of Van Buren county, Joseph Robinson, of Scott county, and James Montgomery, of Wapello county, be, and they are, hereby appointed commissioner to locate and establish the seat of justice of Marion county. Said commissioners, or a majority of them, shall meet at the house of Wilson Stanley,* in said county, on the second Monday in August next, or at such other time in the month of August next as may be agreed upon by them, in pursuance of their duties under this act.

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*The residence of Wilson Stanley was on Lake Prairie. Ezra Jones failed to meet the other commissioners.
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“SECTION 14. Said commissioners shall first take and subscribe to the following oath, or affirmation; to-wit: ‘We do solemnly swear (or affirm) that we have no interest, either directly, or indirectly, in the location for the county seat of Marion county, and that we will faithfully and impartially examine the situation of said county, taking into consideration the future as well as the present population of said county, and that we will take into consideration the best interests of the whole people of the county, and that we will not be influenced by any fee or reward, or any promise thereof’; which oath shall be administered by the clerk of the district court, or by some justice of the peace of said county of Marion, and the officer administering the same shall certify and file the same in the office of the clerk of that board of county commissioners of said county, whose duty it shall be to record the same.

“SECTION 15. Said commissioners, when met and qualified under the provisions of this act, shall proceed to locate the seat of justice of said county; and, as soon as they have come to a determination, they shall commit to writing the place so selected, with a particular description thereof, signed by the commissioners, in which such seat of justice is located, whose duty it shall be to record the same, and forever keep it on file in his office, and the place thus designated shall be the seat of justice of said county.

“SECTION 16. Said commissioners shall receive the sum of two dollars per day, while necessarily employed in the duties assigned to them by this act, and two dollars for each twenty miles travel in going and returning, to be paid out of the first funds arising from the sale of lots in said seat of justice.

“SECTION 17. The county of Marion shall form a part of the second judicial district, and it shall be the duty of the judge of said district to hold one term of said court in the same, on the twelfth Monday after the first Monday in March, in each year.

“SECTION 18. This act to take effect and be in force, from and after its passage.

‘(Signed.) “JAMES M. MORGAN,
“Speaker of the House of Rep’s.
“S. C. HASTINGS,
“President of the Council.
“Approved June 18, 1845.
“JOHN CHAMBERS, Governor.”

Transcribed by Mary E. Boyer, 11/06, reformatted by Al Hibbard 12 Oct 2013.