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

Chapter IX

County Officers - First Session of Commissioners’ Court - First Business Transacted -
Changing the Name of the County Seat - The Rose Ann McGregor Case.

The officers chosen at the first election (the first Monday of September, 1845), were the following:
Conrad Walters, William Welch, David Durham, County Commissioners.
Sanford Doud, Commissioners’ Clerk.
Francis A. Parker, Probate Judge.
James Walters, Sheriff.
David T. Durham, Treasurer.
Reuben Lowry, Recorder.
Isaac B. Power, Surveyor.
Green T. Clark, Assessor.
Wellington Nossaman, Coroner.*
About two hundred votes were polled at this election, and the probable population of the county was about twelve hundred.

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*The election at which these officers were chosen was a special election, and their terms of office expired at the August election in 1846. Then, by an old act of the territorial code, regulating the terms of county commissioners, the one receiving the highest number of votes served three year, the next highest two, and the lowest one. At the regular election (at the date above mentioned), Samuel Tibbett received the highest number of votes, David Durham the next, and Hugh Glenn the lowest. by authority of an act of the state legislature in 1846-7, the county was required to be divided into commissioners’ districts, which was accordingly done at the April term, 1847. All that part of the county north of the river was made to constitute on district, and , in 1807, Thomas Pollock was elected therein to take the place of Hugh Glenn. All that part of the county south of the river and eat of the line between ranges nineteen and twenty constituted the second district; and allouth of the river and west of said line, constituted the third. Marin Neel was elected commissioner from the second, in 1848, and miles Jordon from the third, in 1849, as will appear in a list of county officers in another place. At the same date all of Warren county, which then belonged to Marion, was declared “Warren Precinct,” and all the territory west of Warren, also belonging to Marion, was called “Black Oak Precinct.”
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For some reason, Sanford Doud, elected as county commissioners’ clerk, failed to appear and be qualified in due time, and Lysander W. Babbitt was appointed in his stead, at the first meeting of the board, which was on the 12th of September, 1845. The records, in Mr. B.’s hand, from which we obtained the matter for a large portion of this chapter, are still to be seen in the office of the probate judge, in a good state of preservation.

At the date above mentioned, the commissioners met at Knoxville for business. That place had just been selected by the commissioners appointed in the act given in the preceding chapter, as the seat of justice for Marion county. The house in which the first session was held is described as a “claim pen,” made of linn poles, about twelve by sixteen feet square, chincked and daubed in the usual manner of enclosing such buildings, covered with “clapboards,” and a square hole cut in the side wall for a window, that could boast of neither sash nor glass. This cabin stood in what is now block thirty-three, in the east part of the city.

As a matter of historical record, we here introduce a verbatim copy of the first entry made upon the minute book of this court. The first meeting of the first commissioners’ court was, certainly, a sufficiently important event in the history of the county, all circumstances considered, to be distinctly remembered, and the tone of the preamble seems to have emanated from a due appreciation of this fact:

“Be it remembered, That on the 12th day of September, A. D. 1845, Conrad Walters, David Durham, and William Welch, county commissioners, duly elected and qualified within and for the county of Marion, in the territory of Iowa, met at Knoxville, the seat of justice for said county, for the purpose of holding a called session of the county commissioners’ court of said county.”

The court was then opened by L. C. Conrey, deputy sheriff, and the only important business transacted related tot he county seat. The two commissioners who had made the location presented their report, which was received and placed upon file. It was dated August 25th, and designated the north-west quarter of section seven, township seventy-five, range nineteen,* as the most suitable place for the seat of justice for Marion county. This was on a high, level prairie or plateau, about one mile south of the exact center of the county, and in the near neighborhood of excellent timber, so that no better location for the convenience of the people then, and for all time to come could have been selected. For those living north of the Des Moines river it may be deemed more or less inconvenient to reach it at certain seasons of the year, when that stream is an obstruction to travel; but this difficulty could not have been overcome by any other location; it was one that could not be removed, but might be materially modified by ferries and bridges.

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*Though the country had not yet been sectionized, the locality above described could be easily ascertained by its nearness to the north-west corner of the township lying only one mile south of that point.
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Within the last few years, some of the citizens north of the river have spoken favorably of dividing the county and erecting a new one from the strip of territory lying between Des Moines and Skunk rivers, consisting of parts of Mahaska, Jasper, and Marion counties, thus obviating the necessity of crossing either of those streams to reach their county seat. But it appears evident that the expense of organizing a new county of such a narrow, irregular shape, and maintaining it s government at, necessarily, the same cost of larger counties, would be much greater than that required to build a substantial bridge at each of two or three convenient places across the Des Moines and Skunk; or, if bridge building is found to be impracticable, let a portion of the business requiring the attendance of the people living there, at the county seat, be transacted at some given point north of the river. This is a digression from the true line of our history but in our opinion, not less important. We deprecate a division of the county as tending to no beneficial results.

The locating commissioners suggested the name of Knoxville for the county seat, in honor of the memory of General Knox, a distinguished leader in the war for independence, and the authorities of Knoxville afterwards complimented the commissioners by naming two of the principal streets crossing east and west, Montgomery and Robinson.

The name of Knoxville proved generally satisfactory to all concerned except to one individual - L. W. Babbitt - who seems to have had a preference for odd or uncommon names. Some time after, when he kept the post office there, he thought the liability of mistaking Knoxville, Iowa, for some other place of the same name - for instance, the one in Tennessee - in the posting of mail matter, would justify him in obtaining a change of the name. so, having business in Iowa City on the occasion of the first session of the state legislature, in the winter of 1846-7, he there took the opportunity, on his own responsibility, to solicit an act of that body legalizing the change. Having drafted a bill to that effect, he presented it, and had the satisfaction of seeing it adopted. On his return home, he first stated to D. T. Durham, who attended to the post office and clerkship during his absence, that such was the fact - that Knoxville was no more Knoxville, but Osceola. But so soon as this unauthorized transaction was publicly known, the people were much displeased thereat, and not in the least disposed to pocket the joke. As speedily as possible, a petition was extensively circulated and signed, asking for the repeal of this change, and sent to Iowa City by the hand of James Willes, who delivered it to Hon. Simeon Reynolds, representative from Marion. Mr. R., in response thereto, drafted and presented a bill to repeal the name of Osceola, but, by an oversight, (which was also the fault of the petition), failed to reinsert the name of Knoxville. The act passed; but now, a worse joke was apparent, from the fact that the repeal of the last name did not restore the former, and, therefore, Knoxville was neither Knoxville nor Osceola. But, after the joke had run a brief season, the matter was readjusted, and Knoxville was herself again.

At the second session of the board of county commissioners, which was on the second Monday of October, a subject of peculiar interest was brought up, by an order which is said to have been originated by the noted Babbitt, whose exploits have some how rendered him a prominent personage in this history. Said order required that all blacks or mulattos residing in the county should appear before some justice of the peace and give bonds for their good behavior, or be expelled from the county. This order was, in accordance with an act of the territorial legislature, entitled “An Act to regulate blacks and mulattos,” dated June 21, 1839. But, in order to a more comprehensive introduction to the subject, we here insert clauses of said act bearing more directly upon the case in hand:

“SECTION 1. Be it enacted, &c., That from and after the first day of April next, no black or mulatto shall be permitted to settle or reside in this territory, unless he or she shall produce a fair certificate from some court within the United States of his or her actual freedom, which certificate shall be attested by the clerk of said court, and the seal thereof annexed thereto by the said court, and give bond, with good and sufficient security, to be approved of by the board of county commissioners of the proper county in which such person of color may reside, payable to the United States, in the penal sum of five hundred dollars. * * * * * * * *

“SECTION 2. If any negro or mulatto, coming into this territory as aforesaid, shall fail to comply with the provisions of the first section of this act, it shall be and is hereby made the duty of the county commissioners in any county where such negro or mulatto may be found, to summon him, her, or them to appear before some justice of the peace to show cause why he, she, or they shall not comply with the provisions of this act * * * * * * * *

And if such negro or mulatto shall still fail to give the bond and security required by the first section of this act, * * * * * * * it shall be the duty of the county commissioners of such county to hire out such negro or mulatto for six months, for the best price in cash that can be had. The proceeds of such hiring shall be paid into the county treasury of the proper county, for the use of such negro or mulatto, in such manner as shall be directed by the board of county commissioners aforesaid.”

A history of the case may now be in order, and may not prove wholly uninteresting, even to those personally acquainted with the facts. It was known that there was a negro (or, rather, a negress) in the county, else such an order would have been regarded as an idle formality.

Some time in 1844 or 1845, a man named Thomas McGregor came from Illinois to what is now the northeast corner of Indiana township, and called upon Mr. George Henry, a settler in that neighborhood, and asked assistance in selecting a claim. Mr. Henry readily gave him the required assistance, after which McGregor asked the privilege of moving into the house with him till he could get a cabin fixed up on his claim. Mr. Henry, being desirous of accommodating those who were to become his neighbors, and, inasmuch as the family of Mr. McGregor was small, consisting of only the man and his wife, he readily assented to that arrangement also. But when the guests arrived, the astonishment of Mr. Henry may, possibly, be imagined, when he first beheld in Mrs. McGregor a full-blooded African, about as dark as the darkest of the race, possessing all the charms that could be summed up in a figure of ample proportions, and features of combined brilliancy and prominence. As a matter of course after this discovery, he lost no time in reconsidering his promise. He was not disposed to encourage further “domestic relations” with this interesting pair, and honestly signified to Mac that his mind had undergone a change on the subject. So the latter, with his lovely spouse, was compelled to seek some other shelter. Not finding a house, they camped out, as they had previously done, until their cabin was built. But the nature of their relationship was such that they were not permitted to long enjoy it in peace. It was taken for granted that they were living in violation of a statute of the territory forbidding matrimonial connection between blacks and whites, and, for this offense, were arrested and brought before Justice Levi Bainbridge, on Lake prairie, and tried. Not being very well pleased with the ruling of this court, they took a change of venue, and their case was turned over to Justice Mike Morris, who happened to be present. After giving it a hearing, Mike referred the matter to the Mahaska county grand jury - this being previous to the organization of Marion - where it ended, the jury not finding a true bill against the offenders.

But the end was not yet. This was only a brief truce in the tribulations of this unfortunate couple. As we have seen, the lady was deemed an offender against another statute, and that statute made it the duty of the county commissioners to take action in the premises; hence the order noticed on another page. But, for some reason, Mrs. McGregor did not heed the threatening mandate; she was either not aware of its existence, or determined to risk the consequences of disregarding it. But another soon followed, of a more specific character, to the effect that Rose Ann McGregor should appear and give the required bonds, on or before the 29th of January, or “be sold to the highest bidder.” But even this failed to bring the stubborn Rose Ann to terms. The fearful penalty of non-compliance therewith, though it may have caused the culprit to tremble in anticipation, moved her not otherwise. It was, therefore, found necessary to bring into action the practical force of law, and the sheriff was armed with authority to bring Rose Ann bodily to the seat of justice. Armed with this authority, and attended by his deputy, Dr L. C. Conrey, the two proceeded tot he residence of the McGregors. Apparently, this visitation had been expected by the wary Rose Ann; for, when the officers reached the house they found the doors barred, and their application for admittance pointedly refused. Not wishing to perpetrate any violence in the execution of their duty (and, perhaps, actuated by a sense of caution, for Rose Ann was reported to be the possessor of a gun, a good marksman, and, to quote the words of our informant, “some in a bear fight”), they resorted to a little strategical compromise, by which the besieged promised to go to town the next morning. But the officers, having no faith in this promise, retired a few rods from the house and secreted themselves behind a shock of corn fodder, to watch the movements of their intended prisoner, and seize her if a favorable opportunity presented. Presently they saw her emerge from the house, with gun in hand, and survey the premises with a cautious glance. Seeing no danger, she returned within doors, where she left the gun, and immediately reappeared, going to the woodpile for fuel. Now was the best opportunity to nab her. The two men started at their utmost speed, intending, if possible, to get between her and the house; but “the race is not always to the swift.” Rose Ann soon discovered them, and so far outran them that she had time to bar the door before they reached it. Here now was a crisis that required prompt decision, activity, and nerve; such a thing as being out-generaled by a [negro] could not be thought of. Parley was out of the question; and what sort of a report should they make on returning to Knoxville without their prisoner? Their reputation was at stake, and rather than risk it they would risk their lives. So Walters ordered the Doctor to make a battering-ram of an old sled tongue that happened to be lying near at hand, and batter in the door. The order was immediately obeyed, and as the door swung back, Walters bounded into the room and caught the determined Rose Ann in the act of raising the hammer of her gun. The Doctor followed, and seized the weapon just in time to save his own life, for it was already aimed at him with the evident intention of firing. Having disarmed the prisoner, she had no other choice but to surrender unconditionally. The doctor then fired off the gun, the report of which indicated a heavy charge, very probably intended for the use she attempted to make of it.

The battle now over, and the victory so fortunately won, the victors immediately set out on their return to headquarters with the prisoner. It was growing late in the evening, and some haste was necessary to reach town before dark; so, in order to make better speed, and, perhaps, also prompted by a feeling of generosity, the Doctor mounted Rose Ann on his horse, he going before, leading the way in the narrow Indian trail that, as we have heretofore stated, was then about the only kind of a road in the country.

As it happened, the sheriff had business in another direction, and accompanied them only part of the way; consequently, the deputy was left in sole charge of the prisoner. Having been so completely conquered, and afterwards so kindly treated to a means of conveyance it was not supposed that she would become treacherous or troublesome on the way. But Rose Ann was not to be won by any such evidences of kindness, so long as she was subjected to the humiliating condition of a prisoner for no fault except race and color. She was disposed to take advantage of her captors’ confidence, and she did. A short time after the sheriff left them, - the Doctor walking a few steps in advance, - Rose Ann suddenly turned about and dashed homeward on a full gallop, to the astonishment and mortification of her captor, who looked after her a moment without any decisive purpose what to do about it. But he concluded to pursue her at all events, and did so as rapidly as he was able. On the way he found his pill bags which he was then in the habit of carrying with him, being in the practice of medicine; they had bounded off in the extraordinary flight of the captive. After a mile or two of pursuit, the Doctor became weary, and turned in for the night at the residence of John Welch.

Next day Rose Ann made her appearance at court with the required bond, duly signed by herself, with Thomas McGregor (her husband) and Amos Strickland as sureties.

Thus ended this troublesome case. One of the actors in the play (which we may properly style a farce), in relating the incidents of the capture, says that he felt quite conscientious in the performance of his duty, believing, as the great apostle did when persecuting the church, that he was doing God’s service. But the persecuted pair did not remain long in the neighborhood. It was supposed by some that McGregor’s interest in his ebony spouse was of a pecuniary character, and that his intention was to take her to Missouri for sale; yet, this was not apparent in his attempt to settle with her in a free state.

Transcribed by [unknown], reformatted by Al Hibbard 12 Oct 2013.