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 11
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to be in force it was to be submitted to the vote of the people. But it seems that the people did not at that time feel disposed to assume the responsibility of a state government, for at the next election, the proposition was voted down. In the fall of this year there was another treaty held with the Sac and Fox Indians, at their agency, and on the eleventh of October, 1842, an agree- ment was signed for the purchase of all their lands in Iowa. By the provisions of this treaty, the Indians retained the right to occupy all that part of their lands ceded, " which lies west of a line running due north and south from the Painted, or Red Rocks, on the White Breast fork of the Des Moines river, for the term of three years." In consideration of the grant of lands, the United States agreed to pay these nations, yearly, an interest of five per cent on the sum of eight hundred thousand dollars, and pay all their debts which at that time amounted to two hundred and fifty- eight thousand, five hundred and sixty-six dollars and thirty- four cents.
As soon as it was known that this treaty had been made, there was a great rush of immigration to Iowa, and large numbers marked out and made temporary settlements near the boundary line of the Indian country, so as to be ready on the first day of the next May to move into the new purchase, and select choice locations for their claims. The winter of 1842-3 was noted as the cold winter. Snow about a foot deep fell on the night of the 9th of November, most of which lay on the ground till the next April. During most of the winter the snow was from two to four feet deep, and a great portion of the time, the thermometor was about twenty degrees below zero.
When the legislature met at Iowa City on the 6th of December, 1841, the place had so far improved that the members and other visitors found very comfortable accommodations. There had been, during the summer, a large brick house put up on the south side of the capitol square called the "Globe House." The walls of the capitol had been carried up to the square, and all the mason work of the south gable completed. The roof was on, and the north gable boarded up with rough boards. The cupola was finished to the first contraction, and the top temporarily inclosed ; the two large rooms on the east side, and two small ones on the
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west, in the second story, were so far finished, that they were oc- cupied by the legislature and officers of the territory.
At the commencement of the year 1842, there was a great crisis in money matters. Most of the banks through the country had suspended specie payments in the fall of 1840, and many of them at this time were afraid to make their accustomed loans ; money everywhere became scarce and property went down in value faster than it had gone up, and it was almost impossible to | sell at any price. In addition to the general crisis all over the country, early in the year 1842, all the Illinois, Wisconsin, and a great portion of the Michigan and other western banks failed. The loss sustained by the failure of banks, and the hard times occasioned by the general panic in the money market, created a great prejudice against all banks, and the sentiment prevailed, to a great extent, in favor of a strictly hard currency ; and this was made, to a certain extent, in many parts of the coun- try, and particularly in the west, a political issue.
The Miners' Bank at Dubuque, which was chartered by the legislature of Wisconsin, and the only one at this time in Iowa, suspended specie payment the last of March, 1841, and refused to redeem its bills with specie till the first of July, 1842. As soon as the bank resumed specie payment the demand for specie was so great that, in about a week, it again suspended, and the result was, that the value of the notes of the bank became greatly below par. The course pursued by this bank was such, that the legislature, which met on the first Monday in December, 1842, thought proper to make an investigation of its affairs.
This bank, like many others, had been started on fictitious capital. The stockholders, instead of paying their stock in money, when the bank commenced business, executed their notes, and among the number was a man by the name of St. John, who re- sided in St. Louis. This person had become a stockholder to the amount of forty thousand dollars by executing his notes to the bank, and afterwards became indebted to it by borrowing money to the amount of fifty-seven thousand dollars, and before he had paid any of this indebtedness, failed and took the benefit of the bankrupt act, and the whole of his indebtedness was a loss to the bank.
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Thos. Rodgers, a member from Dubuque, in the early part of the session, gave notice of his intention to introduce a bill to repeal the charter of the bank and provide for winding up the affairs of the same, which was afterwards done, and the mat- ter referred to a joint committee, which committee subsequently brought in two lengthy reports ; the majority reported in favor of repealing the charter and winding up the affairs of the bank; the minority report recommended milder measures, and did not meet with much favor. The bill finally passed the house by a nearly unanimous vote, and was sent to the council for concur- rence. In that body, it was delayed by the friends of the bank, so that the council adjourned without taking any action on its merits ; and thus, for a while, the existence of the bank was pro- longed.
E
CROSSCUP & WEST-SC.PHILA
Hon. M. L. Edwards.
CHAPTER XVIII.
HARD TIMES.
Collecting Debts by Force - Sheriff's Employed- The Sunday Law: Re- vision of the Statute -The Legislature of 1844-Public Debt - Con- stitutional Convention.
AT THE commencement of the year 1843, there was one of the hardest times in the money market that had ever been known in the west. All the Illinois, and a great portion of the other western bank notes had gone out of circulation; land and every- thing else had gone down in value to almost nominal prices ; corn and oats could be bought at from six to ten cents per bushel, pork at a dollar a hundred, and the best kind of horses the farmer could raise would only bring from fifty to sixty dollars. Almost everybody was in debt, and the sheriff and the constable, with a legal process, trying to collect a debt, were frequent visit- ors at every man's door, and much property was sold on execu- tion at very reduced rates. To try to alleviate the general finan- cial distress of the territory was the principal subject which occu- pied the attention of the legislature at that time. To accomplish this, there was passed what was commonly known as the " valua- tion law." This law provided that, when an execution was issued, the officer should levy upon such property as the defendant might direct. If the defendant turned out real estate, the officer was required to call an inquest of three disinterested men, having the qualifications of jurors, who were to value the land under oath, and if the land did not sell for two-thirds of its appraised value, then the sheriff was to offer it to the plaintiff, and if he would not take it at this valuation, then there was to be no sale, and the land could not be offered again for twelve months, only at the cost of the plaintiff, unless, when offered, it should bring
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HARD TIMES.
more than two-thirds of its value. In relation to personal prop- erty, the officer was to select two disinterested persons who, with himself, were to appraise the property, and if it did not sell for two-thirds of its valuation, then he was to offer it to the plaintiff, and if he did not take it at two-thirds of its value, there was to be no sale, and the property could not be offered again for six months, unless at the cost of the plaintiff. This law worked a relief to the debtor, and but few debts were collected by distress of property.
At this session of the legislature there was a law passed called, "an act to prevent certain immoral practices," which was com- monly known as the Sunday law. This act provided that, if any one should be found on the first day of the week, commonly called Sunday, rioting, quarreling, fishing, shouting, or at com- mon labor; or if any grocery keeper should sell any spirituous liquor on that day ; or if any person should curse, damn, or pro- fanely swear in any court of justice, or within the hearing of any religious assembly, he should be fined for the same. This law, among the early settlers of Iowa, met with a good deal of opposi- tion, and was much discussed among the people, and in some places was a political issue at the next election. This act, though it remained as the law for years, was a dead letter on the statute book, for no one thought proper to enforce it.
This winter the legislature undertook a revision of the stat- utes, and got up a code of laws generally known as the "Blue Book." They made some material changes in the laws, and most of the laws provided that they should take effect from and after their passage. Mr. Stull, who was then secretary, undertook the work, but before he had completed it, was removed from office, and S. J. Barr appointed in his place. Mr. Stull being very much incensed at being deprived of his office, immediately aban- doned the superintendency of publishing and distributing the laws, and left the business in such a condition that it was very difficult to readily proceed with the work. On account of this interruption, the laws were not ready for distribution till late in the fall, and the people were from six to nine months with scarcely any one knowing what the laws were. This delay caused to be inserted in the constitution soon after framed, a
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clause which provided that no laws of a public nature should take effect until the same were published and circulated in the several counties by authority.
The sixth general assembly met on the first Monday of Decem- ber, 1843. No bills were enacted till January, 1844. In the senate, Thos. Cox was elected president, January 11, 1844, on the forty-first ballot, and B. F. Wallace, clerk; and in the house, Jas. P. Carleton was chosen speaker, and Joseph T. Fales, chief clerk. One of the first acts was to change the time for holding the general election from the first Monday in August to the first Monday of October, but there was but one election held under this law, till it was repealed. The legislature also made provis ions for taking the census of the territory in May, and for an extra session of their body on the sixteenth of June ensuing, for the purpose of making a new apportionment of the representa- tives. Acts were also passed for organizing the counties of Keo- kuk, Mahaska, Wapello and Davis, making provision that after the first of March, 1844, these counties should have all the priv- ileges of other counties of the territory.
Among other measures brought before this session, was a bill to repeal the charter of the Miners' Bank of Dubuque. Numer- ous petitions were sent from all parts of the territory, some for sustaining the bank, others for repealing its charter, and this in. stitution was the great question of the session. The bill passed the house and was sent to the council ; there it was amended by striking out all after the enacting clause, and providing among other things, that the bank should resume specie payment within thirty days after the passage of the act, and should make its notes redeemable in specie at Burlington, St. Louis and New York, and the cashier was required to make out, under oath, every ninety days, a statement of the financial condition of the bank, and publish the same in some paper ; and in case the bank re- fused to comply with the provisions of this act, or at any time refused to pay any of its liabilities in specie, at any of the places where its bills were made redeemable when demanded, then the district attorney of the third judicial district was required to sue out a writ of quo warranto and prosecute the same to final judg- ment, in accordance with the provisions of the laws of the terri-
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HARD TIMES.
tory. The bill as amended was passed by the council with dis- sentient votes, and sent to the house for their concurrence. The house refused to concur, and sent the bill back to the council, when on motion, the bill was laid upon the table until the fourth of July ensuing ; and thus ended the contest for that ses- sion of the legislature about the Miners' Bank of Dubuque. On the 12th of February, the legislature passed an act for the pur- pose of letting the people have another opportunity to vote on the question of becoming a state. This act made provision, that at the election to be held in April, the judges of the election should ask each qualified elector as he approached the polls, whether he was "in favor or against a convention to form a state constitution," to which the elector was to answer, " convention," or "no convention ;" and if it was found that there was a major- ity of all the voters in the territory in favor of a.convention, then at the next August election, delegates were to be chosen. This act made provision for seventy members, but the legislature, at their extra session in June, added three more to the number, who were to be citizens of the United States, and to have resided six months in the territory previous to the election.
The convention was to meet at Iowa City on the first Monday of the next October, and form a constitution which was to be sub- mitted to the vote of the people at the next April election, for them to ratify or reject. The vote at the April election was largely in favor of a convention, and a proclamation was issued for electing members at the August election.
At this time the expenses of the territory had been more than the appropriations made by congress, and there was quite a large debt hanging over the territorial government, with no means to pay. At the extra session of the legislature in June, there was an act passed, making provisions that if congress would transfer the appropriations made for defraying the expenses of the legisla- ture for the ensuing year, so that it might be applied to the pay- ment of debts already accrued, and the overplus, if any, to the payment of the expenses of the convention which was to form the constitution, that the annual election for the ensuing year for members of the legislature was to be suspended ; but if congress should not transfer the appropriation, then the election for mem-
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TUTTLE'S HISTORY OF IOWA.
bers was to be held on the first Monday of the next April, and the legislature was to hold its annual session on the first Monday of the following May; so that, by the provisions of this act, the legislature was not in session during the winter after the forma- tion of the first constitution. The members of the convention were elected at the August election, and convened at Iowa City at the stated time, October 7, and were organized by electing Shep- perd Leffler, president, and Geo. S. Hampton, secretary ; and on the first of November closed their labors.
This constitution fixed the boundaries of the state as " begin- ning in the middle of the main channel of the Mississippi river opposite the mouth of Des Moines river, thence up the Des Moines river to a point where it is intersected by the old Indian boundary between Missouri and the Indian country, thence west on a paral- lel of said line to the Missouri river, thence up that river to the mouth of the Sioux river, thence on a direct line to the St. Peters river where the Watonwan intersects the same, thence down the St. Peters river to the Mississippi, thence down the Mississippi to the place of beginning."
This constitution made provisions for biennial sessions of the legislature, and for the election by the people, of a governor, sec- retary of state, auditor, and superintendent of public instruction, who were to hold their offices for the term of two years. The judicial department was to consist of a supreme and district courts, and such other courts as might be established by law. The su- preme court was to consist of three judges to be elected by the legislature; and the district court of one judge, to be elected by the voters of his district, and the judges of both courts were to hold their offices for the term of four years. The state was pro- hibited from incurring a debt over one hundred thousand dollars, unless by a vote of the people.
This constitution was formed just after the people had suffered severely from worthless bank and fraudulent corporations, and a war against banks and incorporated institutions was a leading principle with the democratic party, and the democrats having a large majority in the convention, made the constitution a little more democratic than pleased the people, as was shown by their subsequent vote. The convention did not wait to see if the people
CROSSCUP & WEST-SC.PHIL A.
Francis W. Gillett.
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TUTTLE'S HISTORY OF IOWA.
would ratify their work, but immediately sent the constitution to congress to be admitted as a state.
As provided by the previous legislature, in contemplation of the adoption of the constitution, there was no session of the legis- lature the winter after the convention.
CHAPTER XIX.
CRIME.
The Indian Girl Haxta - Her Fate - Bill Johnson - His History - Peck's Revenge - Indian Murders - Murder of Miller - Execution - Murder of Davenport.
IN 1838, while che Sioux occupied the northwest part of Iowa, and the Pawnees lived on the west bank of the Missouri, on the river about one hundred and fifty miles above Council Bluffs, there happened an incident quite revolting to civilization.
The Pawnees have been noted as a warlike and cruel people, and had long been at variance with the Sioux, and at that time were engaged in a fierce and sanguinary war.
In the month of February of this year, the Pawnees captured a Sioux girl about fourteen years old, named Haxta. She was taken to their village where she was kept as a prisoner and treated as one of their own tribe. Her situation being known to the In- dian traders in that vicinity, they made efforts to purchase her lib- erty that she might be restored to her parents ; but these efforts proved unsuccessful, and she was kept as a prisoner, and treated kindly for several months.
About the time the Indians commenced to plant their corn, the chiefs and warriors, about eighty in number, held a council at which they determined to offer her " to the spirit of fecundity in a new corn crop which they were about to plant." At the close of the council, she was taken from her lodging and, accompanied by the whole council, was led from wigwam to wigwam through the whole village, at each of which she was presented with a gift.
!
On the 22d of April, two days after she had been presented with these gifts, she was led to the place of her sacrifice ; and not until she arrived at this place, was she informed of the doom which awaited her. The place selected was between two trees
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TUTTLE'S HISTORY OF IOWA.
which stood about five feet apart. Three bars of wood were fas- tened to the tree as a platform for her to stand upon. A fire was kindled under the bars and supplied with dry fuel till the flames should reach the platform. Two stout warriors then raised the girl by the arms, mounted the platform and caused her to stand directly over the flames. Two small fagots of dry wood were ignited and placed under her arm-pits. While she was thus suffer- ing torture, the assembled population of the village stood around, at a short distance from their victim to witness the scene. After she had suffered till exhausted nature had nearly sur- rendered life, all the warriors who were standing by with their bows and arrows, at a given signal, let fly their arrows, and every vital part of the body was pierced with these missiles. As soon as life was extinct, their arrows were pulled out from the quivering flesh, and while her body was still warm, her flesh was cut in small pieces from her bones, and placed in baskets.
The baskets of flesh were taken to a newly prepared corn field ; here the principal chief first took a piece of flesh from the bas- ket, and squeezed from it a drop of blood upon the deposited grain of corn ; this example was followed by the others, till every hill had been bathed with blood, when the corn was covered with earth ; and thus closed the fate of the Sioux Indian girl Haxta.
About the year 1843, there was a man in Iowa who attracted much attention, and who was known by the name of "Bill John- son." There was a man in Canada who had been prominent in the troubles that took place there a short time previous, and had taken an active part in some of the political movements then go- ing on, and had carried his measures to such an extent, that he was charged with treason, and, to elude the grasp of the civil authorities, secreted himself among the islands of the St. Law- rence. Here, with a party of his associates, for some months he managed his enterprise for political reformation, and baffled all efforts of the civil authorities to arrest him, frequently making sallies upon the shipping which went up and down the river, to obtain his supplies.
This man and his exploits were subjects of many newspaper comments, and the people of the United States to a great extent sympathized with him in his political undertakings, and he was
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CRIME.
commonly styled the "Canadian patriot, or the hero of a thous- and exploits."
An individual, pretending to be the Canadian patriot, came into Iowa with a young girl, whom he represented to be his daughter, and settled in Clayton county, which at that time was very sparsely settled, and was attached to Dubuque county for judicial purposes. Johnson had not been in this location very long before, for some reason, he became very obnoxious to his neighbors, and some eight or ten white persons, accompanied by a party of Indians, went, one cold night, to his house, and he represented that they took him from his bed, forced him out of doors and tied him to a tree, and, after giving him about fifty lashes on his bare back, ordered him and his daughter Kate to pack up their things and leave the neighborhood within two hours, and never to return again, at the peril of their lives.
Johnson and his daughter, after being thus dealt with, started in the night, and traveled a distance of twenty-five miles over a prairie country, when it was so cold that one of the rioters was reported to have frozen to death, another froze his feet, and sev- eral others were more or less frost bitten before they could get to their homes. When Johnson and his daughter rehearsed, in Du- buque, the treatment they had received, and the old man repre- senting himself to be the Canadian patriot, they elicited much sympathy in their behalf. The newspapers published their wrongs to the world, and the citizens of Dubuque interested themselves in bringing the offenders to justice. The rioters were arrested, and four of the number, by the names of Evans, Spencer, Par- rish and Rawley, were convicted, and one was sentenced to the penitentiary for two years, and the others fined two hundred dol- lars each.
After this transaction, Johnson left Dubuque, and, coming to the southern part of the territory with his daughter, he stopped and made a claim in Mahaska county. Johnson was a large, stout man, well built, bold and resolute in his manner, and his whole bearing of such a character as was calculated to inspire fear and dread in those who might chance to meet with his dis- pleasure.
He had not been in Mahaska county long, before a young man
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by the name of Peck, who had made a claim near to Johnson's, became enamored with Miss Kate, and the young twain wished to be joined as husband and wife. The old man, being informed of their wishes, became violently opposed to it, and ordered Peck to stay away from his house. But Peck, not willing to give up the object of his affections, watched an opportunity when the old man was away from home, took the girl and came to Benjamin McClary's, a special friend of his in Jefferson county, where they were married.
The old man coming home and finding his daughter gone, soon learned the cause of her absence, got on their trail and followed in hot pursuit. The young couple had been married, and had just retired to bed, when the old man arrived at McClary's. He entered the house with a drawn pistol, ascended the ladder to the loft of the cabin, where his daughter and her spouse had retired ; made her get up and dress herself and hurry down the ladder, put her on a horse and rode away, while the husband stood by, a silent spectator, and dared not move a finger, or say a word in her behalf.
Young Peck, though he showed no resistance at the time, did not, as it is presumed from the sequel, quietly brook the insult offered, or forget the injury received, in being thus deprived of his wife; for, a few evenings after Johnson returned with his daughter to his home in Mahaska county, some person, just after dark, approached his house, which was occupied by himself and daughter, pointed a rifle through a hole in the cabin, and sent a leaden bullet through his heart, and the old man fell on the floor and died without speaking a word.
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