| Iowa State Census Project | 1838 Census of Iowa from Wisconsin Territorial Census | |
Transcriptions of Wisconsin Territorial counties west of the Mississippi covering the areas to become Iowa & Minesota territories later in the year. |
| Year | Transcriber | Status | Date | County Transcripts |
|---|---|---|---|---|
| 1838 (Wisconsin Territorial Census) | Eleanor (Lynn) B. McCleary | *Partial (see missing counties not on microfilm noted below) |
24 Sep 2009 | Cedar, Clayton, Clinton, Delaware, Des Moines, Dubuque, Henry, Jackson, Johnson, Jones, Lee, Linn, Louisa, Muscatine, Scott, Slaughter and Van Buren |
The 1838 census was the second census taken of the first settlements in what is now the state of Iowa. On 4 July 1838, a short time after this census was taken, Iowa Territory was split off from Wisconsin Territory, organized and incorporated.
A full census enumeration (names of heads-of-households and family totals) is shown on microfilm for the counties of Cedar, Clayton, Johnson, Lee, Louisa, Muscatine and Slaughter. The balance only show affidavits and totals with the exception of Delaware, Jackson, Jones and Linn counties, which are not accounted for. Van Buren and Henry IAGenWeb county sites have head-of-household enumerations not on this microfilm (Van Buren only has an enumeration for district 3 though it has 4 districts.) Because these additional enumerations were found elsewhere, we hope to recover the rest of the county census enumerations. Please help if you can! Can you visit the Historical Societies of Iowa or Wisconsin and have a look?
Note that the enumeration of what would become Minnesota Territory is include in the Clayton county transcription. Other than the Iowa counties, it was the only remaining part of the Wisconsin territory west of the Mississippi.
To determine 1838 county boundaries, have a look at the 1838 Washington Territorial Map. Source: David Rumsey Map Collection
Contributor: Eleanor B. McCleary
Source: 1836 Wisconsin Territorial Census. Historical Society Wisconsin, Madison, WI. Microfilm #: HA 377.A6
Pages: Stephen D. Williams, 24 Sep 2009
1838 Wisconsin Territorial Census
Transcribed by Eleanor (Lynn) McCleary, 28 Aug 2009
Copyright (c) 2009 by Eleanor B. McCleary. Formatted by Stephen D. Williams
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IAGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or
presentation by any other organization. Non-commercial organizations must obtain the
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Media Source: Wisconsin Territorial Census: 1836, 1838, 1842. State
Historical Society Wisconsin Archives Division, Madison, WI
Filmed 25 April 1950, Microfilm call #: HA 377.A6
Microfilm Box Note:
1838 WI Territorial Census, Iowa counties with named heads of households are Cedar,
Clayton, Johnson, Lee, Louisa, Muscatine and Slaughter.
Transcriber's Note:
Iowa Counties with statistical information only: Clinton, Des Moines, Dubuque,
Henry, Jackson, Scott, and Van Buren. There was nothing for Delaware, Jones and Linn
Counties.
Sequence of counties on microfilm: Brown, Cedar, Clayton, Clinton, Crawford, Des
Moines, Dubuque, Green, Henry, Iowa, Jackson, Johnson, Lee, Louisa, Milwaukee,
Muscatine, Racine, Scott, Slaughter (later became Washington) and Van Buren.
[Microfilm Page 1]
No. 53. AN ACT providing for the taking the second census or enumeration of
the inhabitants of the territory of Wisconsin.
SECTION 1. Be it enacted by the council and house of sheriffs to take
representatives of the territory of Wisconsin, That the census sheriffs of
the several counties within the aforesaid territory (and their deputies)
shall be and they are hereby authorized and required to cause the number of
the inhabitants of their respective counties and districts of the territory
to be taken, omitting in such enumeration. Indians not taxed and who do not
live as civilized white men; and omitting officers and soldiers of the
regular army of the United States who are not actual and bona fide residents
of this territory. For effecting which purpose the sheriffs aforesaid shall
have power to appoint as many deputies or assistants within their respective
counties and districts as to them shall appear necessary, assigning to each
deputy or assistant a certain division of his county or district, which
division shall consist of one or more towns or townships of a district,
plainly and distinctly bounded by water courses, mountains or public roads.
The oath Sheriffs and their deputies or assistants shall respectively take an oath or
affirmation before some judge or justice of the peace resident within their
respective county or district previous to their entering on the discharge of
the duties by this act required. The oath or affirmation of the sheriff
shall be: I, A.B., sheriff of the county of ____, do solemnly swear or
affirm, that I will well and truly cause to be made a just and perfect
enumeration of all the persons resident within the county or counties,
territory or district, [here insert the name of county, territory or dis
[Microfilm Page 2]
Pg 240
trict,] and return the same to the secretary of territory, agreeably to an
act of the legislative assembly, entitled "an act providing for the taking
the census or enumeration of the inhabitants of the territory of Wisconsin,"
according to the best of my ability. The oath or affirmation of a deputy or
assistant shall be: I, A.B., do solemnly swear or affirm that I will make a
just and perfect enumeration of all persons resident within the division
assigned to me by the sheriff of ___, and make due return thereof to the said
sheriff___ agreeably to the directions of an act of the legislative assembly,
entitled "an act providing for the taking the census or enumeration of the
inhabitants of the territory of Wisconsin," according to the best of my
abilities.
Census, The enumeration shall commence on the first Monday of May, in the year of our
when to be Lord one thousand eight hundred and thirty-eight, and shall close within
taken thirty days hereafter: provided, that the enumeration in he counties of
Crawford and Clayton may be commenced on the first Monday of March next, and
Manner shall be closed within ninety days thereafter. The several deputies or
assistants shall within the said times limited transmit or deliver to the
sheriff by whom they shall be respectively appointed, accurate returns of all
persons except Indians not taxed within their respective divisions, which
returns shall be made in a schedule distinguishing in each township, parish
or city, the several families by the names of their master, mistress,
steward, overseer or other principal person therein, in the manner following,
that is to say: the number of persons within my division consisting of ___
appears in a schedule hereto annexed.
Subscribed by me this ___ day of ___ .
A.B., Deputy or assistant to the sheriff ___of ___county, W.T.
[Microfilm Page 3]
Pg 242
Penalty SECTION 2. And be it further enacted, That every deputy or assistant
failing to make a proper return or making a false return of the enumeration
to the sheriff within the time by this act limited shall forfeit the sum of
two hundred dollars.
Returns SECTION 3. And be it further enacted, That the sheriff shall file the
where to several returns aforesaid with the clerk of the district court, who is hereby
be filed directed to receive and carefully preserve the same. And the sheriffs of the
several counties respectively shall on or before the tenth day of June one
thousand eight hundred and thirty-eight, transmit and deliver to the
secretary of the territory the aggregate amount of all the inhabitants within
Penalty their respective counties or districts. And every sheriff failing to file the
returns of his deputy or assistants or any of them with the clerks of their
respective courts as aforesaid, or failing to return the aggregate amount of
all the inhabitants in their respective counties or districts, (as the same
shall appear from said returns) to the secretary of the territory within the
time limited by this act shall for every such offence forfeit the sum of five
hundred dollars; all which of forfeitures shall be recoverable in the courts
of the county or district where the offences shall be committed by action of
debt, information or indictment, the one-half thereof to the use of the
territory and the other half to the informant, but where the prosecution
shall be first instituted on behalf of the territory, the whole shall accrue
to its use. And for the more effectual discover of offences the judges of
the several district courts of this territory as aforesaid, at their next
session to be held after the expiration of the time allowed for making the
returns of the enumeration hereby directed to the secretary of the territory,
This act shall give this act in charge to the grand juries in their respective courts
to be given and shall cause the returns of the several deputies or assistants to be laid
in charge before them for their inspection.
Compensa- SECTION 4. And be it further enacted, That every sheriff or deputy shall
tion receive at the rate of three dollars for every hundred persons by him
returned where such persons reside in the county, and where such person
reside in a city or town containing more than eight hundred persons, such
sheriff or deputy shall receive at the rate of one dollar and fifty cents for
every three hundred persons; but where from the dispersed situation of the
inhabitants in some divisions, three dollars for every one hundred persons
shall be insufficient, the sheriff with the approbation of the judge of their
respective county or district, may charge such further allowances as shall by
such judge be deemed an adequate compensation: provided, the same does not
exceed three dollars for every fifty persons by them returned.
SECTION 5. And be it further enacted, That every person whose usual
place of abode shall be in any family within the time limited by this act for
taking the enumeration aforesaid shall be returned as of such family; and the
names of every person who shall be an inhabitant of any county in this
territory, but without a settled place of residence, shall be inserted in the
column of the aforesaid schedule which is allotted for the heads of families
in that county or district where he or she shall be an inhabitant during the
time aforesaid prescribed by this act for taking the enumeration; and every
person who may be absent from the territory at the time of taking the
enumeration shall be set down by the sheriff as belonging to that place in
which he or she usually resides in this territory.
Persons obliged to give information
Persons SECTION 6. And be it further enacted, That each and every person above
obliged to the age of sixteen where heads of families or not belonging to any family
give with in any county or district made and established within this territory,
information shall be and hereby is obliged to render to such sheriff, deputy or assistant
of the county, a true account (if required) to the best of his or her
knowledge, of all and every person belonging to such family on pain of
forfeiting twenty dollars, to be sued for and recovered by such sheriff,
deputy or assistant, the one half for his own use and the other half to the
use of the territory.
Copies of SECTION 7. And be it further enacted, That each sheriff shall, previous
schedule to making his returns to the secretary of the territory, cause a correct copy
to be signed by himself, of the schedule containing the number of inhabitants
posted up within his county, to be set up at two of the most public places within the
same, there to remain for the inspection of all concerned; for each of which
copies the said sheriff shall be entitled to receive five dollars: provided,
proof of the schedule having
[Microfilm Page 4]
Pg 244
been set up shall be transmitted to the secretary of the territory with the
return of the number of persons, and in case any sheriff shall fail to make
such proof to the secretary of the territory as aforesaid, he shall forfeit
the compensation allowed by this act for the same.
Secretary SECTION 8. And be it further enacted, That the secretary of the
to furnish territory shall be and hereby is authorized and required to transmit to the
instruc- sheriffs of the several organized counties in this territory regulations and
tions & c. instructions pursuant to this act for carrying the same into effect and also
to the the forms contained therein of schedule to be returned.
sheriff Approved December 30, 1837.
No. 54
AN ACT for the partition of the half breed lands, and for other purposes.
WHEREAS, it is expedient, in order to the settlement of that tract of land
lying between the Mississippi and Des Moines rivers, commonly called the
"half breed lands," which was reserved for the half breeds of the Sacs and
Fox tribes of Indians, by a treaty made at Washington city, between the
United States and those tribes, on the fourth of August, 1824, which was
released to said half breeds with power to convey their rights, &c. by act of
congress approved the 30th of June, 1834, that the validity of the titles of
the claimants should be determined, and partition of said lands among those
having claims should be made, or a sale thereof, for the benefit of such
valid claimants: Now, therefore,
Claiments SECTION 1. Be it enacted by the council and house of representative of
to make the territory of Wisconsin, That all persons, claiming any interest in said
application lands under said treaty and act of congress, are hereby required within one
within one year from the passage hereof, to file with the clerk of the distinct court of
year, and the county of Lee, Wisconsin territory, a written notice of their respective
how claims, designating the half breed under which they respect-
[The rest of this page was cut-off on the microfilm]
[Microfilm Page 5]
Page 194 JOURNAL OF THE COUNCIL June 15.
The Speaker announced a communication from the Secretary of the Territory,
accompanied by the returns made in pursuance of an act, to provide for the
taking of the census or enumeration of the inhabitants of the Territory:
Which was as follows, to wit:
SECRETARY’S OFFICE,
Burlington, June 15th, 1838}
To the Honorable the President of the Council:
Sir -- I have the honour herewith to transmit to the Council, an abstract
of all the returns which have been made to my office, in conformity with the
law of the last session, providing for the taking of the census of the
Territory. Respectfully,
W.B. Slaughter,
Secretary of Wisconsin Territory.
Hon. Arthur Ingharam, Pres. Of the Council
EAST OF THE MISSISSIPPI RIVER
Counties. Population.
Crawford 1220
Green 494
Iowa 3218
Dane 172
Milwaukee 3131
Jefferson 468
Dodge 18
Washington 64
Racine 2054
Rock 480
Walworth 1019
Grant 2763
Grown 3048
Total 18,149
WEST OF THE MISSISSIPPI RIVER
Counties. Population.
Louisa 1180
Jackson 881
Jones 241
Linn 205
Des Moines 4605
Muscatine 1247
Clinton 445
Scott 1252
Du Buque 2381
Johnson 237
Cedar 557
Van Buren 3174
Henry 3058
Clayton 274
Slaughter 283
Lee 2839
Total 22,859
East of the Mississippi River, 18,149
Grand Total, 41,008
[End of transcription]
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