"Section 3. The Commissioners, or a majority of them, shall, within ten days after their meeting at the aforesaid place, make out and certify to the Governor of this Territory, under their hands and seals, a certificate containing a particular description of the situation of the location selected for the aforesaid county seat; and on the receipt of such certificate, the Governor shall issue his proclamation affirming and declaring the said location to be the seat of justice of said county of Linn.
"Section 4. The Commissioners aforesaid shall, before they enter upon their duties, severally take and subscribe an oath before some person legally authorized to administer the same, viz: I, ............, do solemnly swear (or affirm) that I am not, either directly or indirectly, interested in the location of the seat of justice of Linn County, nor do I own any property in lands, or any claims, within the said county of Linn. So help me God. (Signed) A. B., etc.
"Section 5. If, at any time within one year thereafter, it shall be shown that the said Commissioners, or any of them, received any present, gratuity, fee or reward in any form other than that allowed by law, or before the expiration of six months after the Governor's proclamation, declaring the said seat of justice permanent, become interested in said town or any lands in its immediate vicinity, the Commissioner or Commissioners shall, upon conviction thereof by indictment in the District Court of the county in which he or they may reside, be guilty of a high misdemeanor, and be forever disqualified to vote at any election or to hold any office of trust or profit within this Territory.
"Section 6. The Commissioners aforesaid shall receive, upon making out their certificate of the location of the seat of justice of said county, each two dollars per day, and also three dollars for every twenty miles going and returning from their respective homes. Approved January 15, 1839."
Two of the Commissioners named in the act, Richard Knott and Benjamin Nye, accepted the trust, meeting at the house of William Abbe, two and one-half miles west of what is now Mount Vernon.
The Commissioners located the county seat in the middle of the county and named it "Marion," in honor of one of the Revolutionary generals. The Commissioners reported to the governor of the territory the completion of their work, and Governor Robert Lucas proclaimed the county of Linn duly established.
For election purposes Linn county was attached to Cedar, Johnson, and Jones, the first polling precinct being located at Westport, which had been laid out by Israel Mitchell with the expectation that this would be the county seat, Mr. Mitchell believing that the county seat should be located on the river, and that that location would be near enough the center for all practical purposes.
In October, 1838, the entire county composed one precinct, and thirty-two ballots were cast for candidates for the legislature. Charles Whittlesey was chosen for the senate and Robert G. Roberts for the house. The first county election was held in August, 1839, when three commissioners were selected at Westport—L. M. Strong, Peter McRoberts, and Samuel C. Stewart. This body had the same powers as was later conferred upon the county supervisors. This commission first sat as a body officially September 9, 1839, in the log house of James W. Willis. Hosea W. Gray was sheriff and acted as clerk of the court until a clerk was duly appointed.
The minutes state:
"The Board proceeded to the appointment of a Clerk. Thereupon it was ordered that John C. Berry be and is hereby appointed to the office of Clerk of the Board of Linn County Commissioners.