USA > Iowa > An illustrated history of the state of Iowa, being a complete civil, political, and military history of the state, from its first exploration down to 1875; > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83
The death of Conway and the appointment of Clark so inter- rupted the chain of business in the secretary's office, that on the adjournment of the legislature, Clark, as disbursing agent, was not able to pay the members their per diem allowance for services during the session. Before he could disburse money, Clark had to notify the president of his acceptance of the office, give bond and receive a draft to draw the money from the treasury of the United States. Many of the members had not the means to pay
(132)
133
ADMINISTRATION OF Gov. LUCAS.
their bills and get home without receiving their pay, and the secretary, whose business it was to pay them at the time of the adjournment, had not the money with which to pay them, and it was not probable he could get the necessary documents to enable him to get the money for several weeks. This, to many of the members, was a serious difficulty. To relieve the members in this emergency, Van Antwerp, who at that time held the office of receiver in the land office at Burlington, proposed to the legis- lature to furnish Clark with the requisite amount of money to meet the expenses of the legislature, if they would indemnify him against any loss by so doing. Upon this proposition, the legislature passed a joint resolution, requesting Van Antwerp to advance to the secretary of the territory, from the public moneys in his hands, a sufficient amount to pay the officers and members of that session, and pledged the faith of the territory to him for any amount he might advance to the secretary for that purpose, and instructed the governor to refund him the money so advanced out of the money he might receive for the purpose of defraying the expenses of the legislature.
During the summer of 1840, the United States caused the census to be taken, and the population of the territory at that time was found to be 43,114. After the census reports were made out, the gov- ernor thought proper to convene the legislature for the purpose of making a new apportionment of its members. The legislature met on the 13th of July, 1840. Some changes were made in the number of members of the council and house of representatives from each county, though there was no change made in the number of members in the two houses; there being thirteen mem- bers of the council and twenty-six members of the house.
There was but little done at this session of the legislature, ex- cept the passage of local acts. There was a law enacted authoriz- ing a vote in the territory on a proposition for taking the prepar- atory steps to form a state government. This vote was taken at the fall election of 1840, but the popular sentiment at that time was in favor of territorial government. In 1840, there was much political extitement. The democratic party had had the ascend- ency in the federal government for the twelve years previous, and public patronage had been generally bestowed upon the members
134
TUTTLE'S HISTORY OF IOWA.
of that party ; and particularly in Iowa, the federal offices were filled with democrats Mr. Van Buren's administration had be- come unpopular with the people, and the whig politicians being anxious for place, there were great efforts made this year to change the policy of the administration. Van Buren was the democratic and Harrison the whig candidate for president. As is well known Gen. Harrison was elected. As soon as the result was known, there was a general scramble among the whigs for office, and nearly all the old officers throughout the country from secretary of state down to the smallest postmaster, were turned out and whigs appointed in their places; and all the democrats in the territory that could be, were removed from their positions to give places for whigs, which were mostly filled by strangers from the states.
Pursuant to an act of the legislative assembly, approved Janu- ary 11, 1840, Chauncey Swan, Esq., the acting commissioner for the location of the seat of government, during the session of the legislature and in connection with that body, entered into a con- tract with the firm of Rague & Co .. for the erection of the capitol at Iowa City. The above named company was the same that had built the capitol of Illinois, at Springfield. These gentlemen came on in April, 1840, with a large force of hands, and commenced clearing the grounds, and digging out for the foundation of the capitol. This work, together with the tide of emigration that now began to flow in, gave to the embryo city a lively and business- like appearance. Every variety of mechanical labor was now in good demand. A large number of buildings were in process of erection, displaying every variety of architecture from the most rudely constructed log cabin to the well finished two story frame building. The difficulty of procuring lumber was most severely felt. At this time the hardy lumberman had not found his way to the immense pine forests of the north. The most of the pine lumber was brought down the Ohio and up the Mississippi to Muscatine.
Up to the month of June of this year (1840), the foundation of the capitol had been carried as high as the top of the basement windows, ready to receive the water table. Here the contractors, Skean & McDonald of the firm of Rague & Co., abandoned
135
ADMINISTRATION OF Gov. LUCAS.
their contract on account of the bad quality of the stone furnished by the commissioners. The work, however, was carried on by the acting commissioner, Mr. C. Swain; but the difficulty in regard to the building material not having been obviated, it progressed but slowly. Early in the summer a quarry had been found in Cedar county, some twenty miles distant, which, being a hard sand stone, was pronounced suitable for a water table, and during the sum- mer, the rock for the sills of the east and west entrances, and for the water table were transported over the prairies, crossing Cedar river by the ferry, the wagons being drawn by from four to six yoke of oxen.
Owing to the change that had taken place in national affiairs by the election of Gen. Harrison as president, changes took place in the territorial government of Iowa. John Chambers, of Ken- tucky, was appointed governor, O. H. Stull, of Virginia, was made secretary, James Wilson, of New Hampshire, received the appoint- ment of surveyor general, and the land offices and other federal offices were mostly filled by men not citizens of the territory. These appointments were made very soon after the new adminis- tration came in power in 1841, and the appointees, early in the season moved into the territory, and entered upon the duties of their respective offices.
CHAPTER XVI.
SOUTHERN BOUNDARY DIFFICULTY.
Boundary Commissioners- The State Militia -- Counter Proclamations - Sullivan's Line - Victory of Lucas.
THE SUBJECT of the southern boundary of the territory of Iowa was one that created much excitement in its day, and an account of this controversy between Iowa and Missouri is an important chapter in the early history of the state.
On the 18th of June, 1838, congress had passed " an act to au- thorize the president of the United States to canse the southern boundary of the territory of Iowa to be ascertained and marked." Under the provisions of this law, A. M. Lee had been appointed boundary commissioner on the part of the United States, and Gov. Lucas had appointed Dr. James David on the part of Iowa, but the state of Missouri, first through her executive, and then through her legislature, declined to be represented on the commission, as congress had invited her; but pending the survey, under an act of her legislature, passed in 1837, attempted to exercise jurisdic- tion north of what was known as Sullivan's or the Indian bound- ary line (surveyed and marked by Col. J. C. Sullivan, by direc- tion of the United States surveyor general, Wm. Rector, and which had till then been recognized by all as the dividing line between Missouri and Iowa), by collecting taxes in Van Buren county, Iowa, through the sheriff of Clark county, Missouri. The acuteness of Gov. Lucas's inind and the clearness of his judgment were well shown in this controversy. He promptly called the at- tention of the secretary of state to the subject, and approached Gov. Boggs, of Missouri, with conciliatory words, desiring to ad- journ the question to congress for their settlement ; but the states- men in the interest of Missouri, being impatient and short sighted, then menaced the peace of the territory with an armed force. Gov.
(136)
CROSSCUP & WEST-SC.PHILA
A. W. Cook.
138
TUTTLE'S HISTORY OF IOWA.
Lucas firmly planted himself on the impregnable position that the difference was not one between Missouri and Iowa, as the former would have it, and as even the Iowa legislature was willing to ac- cept it, but between Missouri and the United States ; and that he as agent and representative of the general government must hold possession, at all hazards and at any cost, of the territory of Iowa, as committed to his care, in all its integrity and completeness, and see that the people therein, citizens of the United States, were protected in their rights, and the laws of the territory, under those of congress, faithfully executed. To this end, he, without hesitation, called out the militia of the territory, to act as a posse comitatus to aid the civil authorities in the enforcement of order and the laws.
An act to organize, discipline and govern militia having been passed by the legislature, in accordance with the governor's re- commendation, it was approved on January 4, 1839. This law divided the militia into three divisions, with a major general at the head of each. Jesse B. Brown, of Lee, Jonathan Fletcher, of Muscatine, and Warner Lewis, of Dubuque counties, were ap- pointed by the governor major generals, respectively of the first, second and third divisions. Each division was composed of two brigades of four regiments, with the customary officers. They were, however, destitute of arms, except such rifles and shot guns as were the private property of individuals. Gov. Lucas had asked the Hon. J. R. Poinsett, then secretary of war, to provide books of military instruction for the officers, and to deposit arms and munitions of war at some depot within reach for the rank and file, in case of Indian troubles, for the red tape of that day for- bade the distribution of arms to the militia until they were enu- merated and returned to Washington, which the Iowa militia had not yet been. Secretary Poinsett had promised to accede to the governor's request, and fifty copies of "Cooper's Tactics " were eventually furnished for the military education of the offi- cers, and Fort Armstrong, on Rock Island, being the most acces- sible to the territory of the military posts in the vicinity, was designated as a depot for military supplies ; but at the breaking out of the trouble with Missouri, the books had not yet reached Iowa, nor the arms Rock Island.
139
SOUTHERN BOUNDARY DIFFICULTY.
By the 29th of July, 1839, matters had come to such a pass as to call for a proclamation from the governor, warning those who infringed upon the laws of the United States of the penalties to be incurred, and citing peace officers of Iowa to their duties and privileges if overborne by force, but charging all that to the civil authorities (which he maintained to be all sufficient for the event- ual settlement of all internal misunderstandings, whether between individuals or committees), they must look for a solution of the difficulty.
Soon after this the newspapers gave publicity to a proclamation from the governor of Missouri, dated the 23d of August, 1839, ostensibly a reply to that of Gov. Lucas, but evidently intended to inflame and mislead the public mind, in reference to the ques- tion at issue. This called forth, as a rejoinder, another proclama- tion on the subject from Gov. Lucas, which was dated on the 25th of September, 1839, in which he showed that it was Mis- souri, and not Iowa, that endeavored to enlarge her boundaries, at the expense of a sister commonwealth, by proving that Iowa was exercising jurisdiction only to the line that had, from the organization of the state of Missouri till then, been acknowledged by that state as her northern boundary line, and which had been regarded by sundry acts of congress and Indian treaties as such, and to which line the territory of Wisconsin previous to her di- vision, and subsequently the territory of Iowa under the author- ity of the United States, exercised unquestioned jurisdiction. He recited the passage by congress of an act authorizing the pres- ident to have the boundary between Iowa and Missouri definitely determined ; that Missouri had declined to avail herself of her priv- ilege to be represented in the commission appointed for this pur- pose; and that the result of that survey then awaited the action of congress, with which Iowa would be entirely satisfied ; but affirmed that until that decision should be made by congress, the territory of Iowa, acting under the authority of the United States, would acknowledge no other boundary line than the one to which the jurisdiction of the United States, through their territorial offi- cers, had ever been exercised from the time the country west of the Mississippi river and north of the state of Missouri was, by an act of congress, attached to the territory of Michigan for judicial
140
TUTTLE'S HISTORY OF IOWA.
purposes. He contended that Missouri never set up any claim to territory north of "Sullivan's Line," till 1837, and never attempt- ed jurisdiction in the disputed tract, till Sheriff Henry Heffleman, of Clark county, Missouri, attempted to collect taxes in Van Bu- ren county, Iowa, under an assessment required by the Missouri legislature, passed the 16th of February, 1839. "The line that has universally been known as Sullivan's or the Indian boundary line," said the governor of Iowa, firmly, "and which has been recognized by all the authorities as above cited, is the line to which the territory of Iowa, acting under the authority of the United States, has heretofore exercised uninterrupted jurisdiction, and it is the line to which she intends to exercise jurisdiction until congress declares some other line to be the boundary of the territory."
In this proclamation, he called the attention of the district attorney, and the marshal of the United States to the subject, as the ministerial officers of the laws of the United States within the territory, and directed them to arrest and bring to trial all offend- ers under the federal laws, and also directed the district prosecu- tor of the first judicial district, and the sheriff of Van Buren county, as the proper ministerial officers of the territory, to arrest all offen- ders under the territorial laws, authorizing them at the same time in case the civil authorities were insufficient, to call to their assistance a sufficient number of the malitia as a posse comitatus. Finally, he exhorted the citizens at the scene of conflict to be calm and dis- creet, reminding them that they occupied the exalted station of free and independent citizens of the United States, and that the civil authority, to which they must look in the first instance, was abundantly able to protect them, but at the same time assuring them, that should the president authorize him to repel force by force, in the event of an invading force entering the territory, as threat- ened by the governor of Missouri, it would be promptly done, re- gardless of the boasted powers and superior numbers of the Mis- souri militia.
On the 3d of October, 1839, the governor wrote to the secretary of state concerning this boundary difficulty, saying, it seemed to be his misfortune to be drawn irresistibly into a controversy with the authorities of the state of Missouri, and inclosing copies of
141
SOUTHERN BOUNDARY DIFFICULTY.
his own proclamations and the proclamation of Governor Boggs of Missouri, together with copies of acts of the Missouri legislature touching the matter, and the complaints of the county commis- sioners of Van Buren county, Iowa.
In those days the mails traveled in slow and uncertain coaches, and the governor, therefore, determined to dispatch to Washington a discreet and intelligent special messenger, who, besides bearing his communications with safety and celerity, would be able to explain satisfactorily the condition of affairs to the authorities at Washington. James M. Morgan was selected for this responsible duty ; and on the 9th day December, started from Burlington for Washington with a detailed statement of the condition of affairs in writing by the governor, but Mr. Morgan was only four days on his journey, when the situation having become suddenly more threatening, the governor on the 13th of December, forwarded another communication to Washington, giving additional informa- tion, requesting instructions how to act, and inclosing the affidavit of Stephen Whitcher, Jr., a lawyer residing at Muscatine, who had just returned from a visit to the scene of difficulty, setting forth the fact that the state of Missouri had actually embodied an armed force for the invasion of Iowa.
The legislature of Iowa, perhaps intending to pour oil upon the troubled waters, passed a preamble and resolutions of so con- ciliatory a temper, that in effect they surrendered the point at issue to the Missouri authorities. They were entitled, “ preamble and resolutions relative to the difficulty between the territory of Iowa and the state of Missouri." The governor, whose message to the legislature vetoing them was dated Decembr 6, 1839, had no further to look than to their title for a reason for withholding his signature from them ; for he said he recognized no difficulty be- tween Iowa and Missouri, but that the controversy was between that state and the United States. The governor of Missouri, nevertheless, seems to have taken advantage of their passage by the legislature by publishing them, and leaving the inference to be drawn that they embodied the sense of the territorial govern- ment of Iowa on the subject; whereas they had no such signifi- cance without the sanction of the governor.
However, the Missouri authorities, seeing the firm stand taken by Gov. Lucas, soon after began to relax their grasp, and the
142
TUTTLE'S HISTORY OF IOWA.
result of the whole proceedings, which had kept both Iowa and Missouri in a state of turmoil for more than a year, was, that Sherriff Heffleman of Clark county, Missouri, was arrested by the sheriff of Van Buren county, Iowa, and to avoid excitement and the possibility of an attempt at rescue by the Missouri partizans, was brought to Burlington, where he had an interview with Gov. Lucas. The governor extended to him kind words, and in a con- ciliatory manner 'promising, so far as he could, in his executive capacity, to shield him from the consequences of his attempt, in obedience to the mad-cap acts passed by the Missouri legislature, to discharge official duties in Iowa that should have been con- fined to Missouri. Heffleman declined to enter into recognizance, as suggested by the Iowa authorities; but, notwithstanding this, was not imprisoned, but was nominally in the custody of the sheriff of Muscatine county. The excitement resulting from his arrest gradually subsided, and on the 3d of November, 1840, Governor Lucas had the satisfaction to formally and officially announce, that it had ceased altogether, and that the cordial and fraternal feeling which should ever mark the intercourse of the citizens of the several states was fully restored between the people of Iowa and Missouri.
The arrest of Heffleman was the culmination of the contro- versy. Missouri having followed bad counsels, and with much pomp and bluster precipitated a state of affairs bordering on civil war, was in the end most completely defeated, deeply humiliated and the judgment and conduct of Gov. Lucas was signally though tardily vindicated by a decision of the supreme court of the United States, rendered in December, 1848, giving to Iowa all the territory claimed for her by her first governor.
The Democratic administration of Van Buren having given place to the Whig government of Harrison, on the 25th of March, 1841, John Chambers was appointed territorial governor of Iowa to succeed Gov. Lucas. The latter, after retiring from office, removed to the land adjoining Iowa City, which he had pur- chased from the government when it was first brought into market, where he spent the most of his remaining days in the management of his farm, the care of his family and the education of his children. A biographical notice of Gov. Lucas will be found in another part of this volume.
CROSSCUP & WEST-SC.PHIL
Very Respectfully Mr. RSmith
CHAPTER XVII.
ADMINISTRATION OF GOV. CHAMBERS.
The New Capitol Building- The Legislature at Iowa City - A State Gov- ernment Discussed - Scarcity of Money - Banking.
THE THIRD session of the legislature of the territory of Iowa was held at Burlington, commencing November 2, 1840, and adjourned January 15, 1841. M. Bainbridge was elected president of the senate and Thos. Cox, speaker of the assembly. One of the acts passed at this session required the next legislature to con- vene on the first Monday of December, 1841, at Iowa City, the new seat of government, provided the public buildings would be so far completed that the legislative assembly should be accomo- dated in them, or that other suitable buildings would be furnished free of rent. In either case, the governor was directed to issue, his proclamation convening the legislature and fixing the place of convening. Another act passed was that changing the law rela- tive to the capitol building commissioners, doing away with the three commissioners, and creating the office of superintendent of public buildings and territorial agent.
The law which had been passed fixing the average price of lots at Iowa City at three hundred dollars was amended, and the territorial agents, in conjunction with other persons, were to value the unsold lots in the city, so as to make their average value two hundred dollars a piece. Chauncey Swan was appointed superin- tendent, at a salary of one thousand dollars, and Jesse Williams was appointed territorial agent, at a salary of seven hundred dol- lars. At the organization of the territorial government, congress made an appropriation of $20,000, for the purpose of erecting the capitol building, and subsequently gave the section of land on which the town of Iowa City was laid out. The twenty thousand
(144)
145
ADMINISTRATION OF Gov. CHAMBERS.
dollars, with all the proceeds of the sale of the lots had been ex- pended, and the territorial agent had borrowed five thousand and five hundred dollars from the Dubuque bank, to assist in pushing forward the work on the capitol, but up to the time of the meet- ing of the legislature, the building had not progressed so that any part of it could be finished for use. The wall on the east side had been raised to the bottom of the cornice, it being thirty-five feet from the ground ; and it was estimated it would cost a thousand dollars to raise them to the square. The foundation of the last portico was completed, and there was material enough purchased and on hand to nearly put on the roof and inclose the building, but it was estimated that it would take thirty-three thousand, three hundred and thirty dollars, to complete the entire building, and fifteen thousand to finish two rooms forty-three feet long by twenty-two and a half feet wide, so that they could be used for legislative halls. Great efforts were made to so far complete the capitol building that it could be used by the legislature the com- ing winter, but as soon as it was ascertained that it could not be done, rooms were furnished at private expense, and tendered to Gov. Chambers, and on the 1st of November he ordered the fur- niture used at Burlington to be removed to Iowa City and issued his proclamation convening the legislature at the new capitol. Iowa City at that time was quite a small place; there being but a few houses, and the accommodations for members of the legisla- ture, and those who had occasion to visit the capital were not as commodious or extensive as many of them had been accustomed to in their native states. Provisions were scarce and hard to be obtained and the requisites for comfortable entertainment in al- most every respect were very limited, and there were great com- plaints by those who visited the place about the fare they received and the accommodations provided.
The propriety of assuming the responsibility of a state govern- ment was discussed at an early day ; and this question was brought before the legislature, and on the sixteenth of February, 1842, a law was passed providing for a convention, and the taking of the necessary steps for the establishment of a state government. The convention was to consist of eighty-two members, and to meet on the first Monday of the next November; but before the law was
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.