USA > Iowa > Jackson County > Annals of Jackson county, Iowa, Vol 1-2 > Part 20
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Yours in haste, J. V. BERRY.
To his Excellency, Robert Lucas. (On outside of sheet. )
Captain Smith of steamboat Brazil will see this delivered and oblige.
Dubuque, I. T., April 6, 1840.
To His Excellency Robert Lucas,
Sir: I regret to state to you that a more disgraceful affair has never been recorded in the annals of history than that which I am about to relate. It occurred on the Ist ultimo at Bellevue, Jackson county, I. T. about seven miles below Galena. A mob collected calling themselves the people, headed by Warren, the sheriff, of the above named county, and Col. Cox (so-called) member of the legislature, Gen. McDonald and James K. Moss.
The mob proceeded to the house of Mr. Brown (inn keeper) and inform- ed him through Warren, that he must leave the Territory immediately. Brown replied, that if he (Warren) had any legal demand against him. he was willing to go with him and be tried, but that a mob could not take him. However, they were not satisfied with this, and made a rush to cap- ture him and in trying to effect their object, six persons were killed, and three wounded, one having since died ! !! What the character of Mr. Brown was, I am unable to say. He was certainly hospitable, and obliging to strangers and affectionate to his family, he was also industrious, which is certainly one good quality. His wife was of a reputable family and under- stood the duties of a hostess well. Brown fell like a brave man, defending his wife and child from insults, and his property from the ravages of a reck- less and lawless mob. Mrs. Brown was conducted to this place by a gentle- man, at whose house she has, and will receive the most kind treatment.
On Saturday evening last, the citizens of this place assembled at the Presbyterian church, (tho' large it could not contain Bear all) to express their deep abhorance of the murderous conduct of the mob at Bellevue,, by
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strong resolutions, which will be published in the papers of this territory. The people at the meeting expressed their unanimous wish, that you would promptly remove from office Warren and McDonald. Our legislators will be instructed at the extra session to expel from their body Col. Cox, and we will endeavor to have J. K. Moss removed forthwith from the office of post- master.
I have just learned that the latter gentleman (or rather the man) holds the office of Judge of Probate, if so, he should be removed from that office also. I have just had a conversation with Mr. Petriken, who feels indig- nant at the outrage and thinks those villains, if possible, should be arrest- ed. and that there are two ways of having it done. First, that by removing Warren and having a new sheriff appointed, they could then be arrested. Secondly that your Excellency can command Gen. Lewis to raise the mili- tia and artest them. Others think Chief Justice Mason is authorized to act. in this matter, but all agree that your long experience in public business gives you the advantage of us all in knowing how to dispose of those per- sons, who have committed the most willful and premeditated murders, and have brought a stigma and a disgrace upon our young and beautiful Terri- tory that years cannot efface.
Your obedient servant, JOHN KING, P. M.
[ Private. ]
When Brown was killed, Mitchell who assassinated Thompson Jast sum- mer in Bellevue, was immediately turned out of prison and is now walking the streets. Several in our village have strong suspicions that Mitchell brib- ed Warren to dispose of the only two witnesses who could convict him of the murder of Thompson. Those two witnesses were Brown and Montgom- ery. Brown is now dead and on Saturday last, a company started from the scene of action to "either drive Montgomery from this Territory or kill him."
What the fate of Montgomery is, I have not learned but I fear the con- sequences. Circumstantial proof of what I have hinted at above, can I am told, be produced, but of this we will say nothing. The day of reckoning is not far distant I trust with the instigators of the mob. J. K. Gov. L. Please excuse I write in a hurry.
Executive Department Iowa Territory. Burlington, April 7th, 1840.
Sir: I received your letter of the 4th inst. by Captain Smith of the steamboat Brazil. I regret extremely to hear of the transactions in Jackson county detailed in your letter. It reflects a disgrace upon our Territory. and I trust that the persons who may be found guilty of so great a violation of the laws of the Territory may ultimately receive the punishment the law prescribes, but this is a subject that is entirely under the control of the Ju- dicial branch of the government. The law gives to the judiciary the power to enforce obedience to its mandates by fines and penalties. The Executive branch has no such power .. The Executive may issue his proclamation, but
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he has no power to enforce it. He has neither funds, men, arms or ammun- ition under his control. The law vests the Civil Ministerial office with the power of the county and the judiciary is vested with power to impose fines and penalties for disobedience to their commands. However desirous I may be to check such outrageous proceedings, yet I see no way in which an exe- cutive interference could be of any benefit. The duty is devolved upon you, as district prosecutor, to bring the subject before the proper judicial tribun- al for investigation, which I trust will be promptly and efficiently done.
The account of this disgraceful affair, as published in the Iowa Terri- torial Gazette of the 4th instant, differs materially from the one given in your letter. How far these accounts may be correct, I do not pretend to de cide but one thing is certain, that is that a most disgraceful outrage has been committed upon the laws of the county by somebody, and it becomes your duty as the legitimate prosecuting officer to have the subject impar- tially and legitimately investigated, and to cause the guilty persons, who- ever they may be, to be prosecuted and brought to justice. This should be done without prejudice or favor to any one, but with a single eye to the maintenance of the supremacy of the laws. With sincere respect, I am,
Your obedient servant, ROBERT LUCAS.
J. V. Berry, Esq.,
District Prosecutor 3rd Judicial District, Dubuque.
Note .- These letters were furnished the Jackson County Historical Soci- ety by the kindness of Dr. B. F. Shambaugh of the State Historical Socie- ty. They were discovered by Mr. John C. Parish of the Iowa State Univer- sity, who is writing a life of Gov. Lucas.
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The Bellevue War -- A Review.
(Written by Harvey Reid for the Jackson County Historical Society.)
The interesting details of events connected with what has- always been known locally as the "Bellevue War, " brought out by the researches of Mr. Seeley and Mr. Ellis have great value historically because as now viewed by scholars, history should be a record of facts, whether those facts accord with preconceived notions or not.
It will be observed, however, that all the marshaled array of new evi- dence and argument only goes to show that good people were not agreed at the time, and are not now, as to the personal guilt of W. W. Brown, It may readily be conceded that Shade Burleson and Jo Henry, who knew him fairly well, and John E. Goodenow, Anson H. Wilson. Col. John King and J. V. Berry, who knew him casually or by hearsay, may have been conrinc- ed to the last that Brown was an honorable citizen, who was not to blame for the character of those who made his public hotel a rendezvous. It may be conceded that Col. Cox, Sheriff Warren, Judge Moss, Judge Harrington and their confreres may possibly have been mistaken in their opinion that Brown was actually implicated in the criminal acts of those with whom he associated and whom he seemed in a large measure to control. Still the fact remains, testified to by both parties in the controversy, that Jackson Coun- ty was infested with a gang of criminals guilty of all kinds of crimes against, property, and that the cyclone of wrath which culminated in the bloody tragedy at Brown's hotel on the first of April. 1840, effectually rid the coun- ty of their presence, and created a sentiment of detestation of malefactors that has its influence to this day.
That the riddance was not accomplished by the orderly and lawful pro- ceedings planned and counseled by Judge T. S. Wilson and District Attor- ney James Crawford must be admitted. The sheriff's posse became at once without the formality of organizing, as typical a Vigilance Committee, as ever were those which in California, and in northern Indiana, and in other primitive communities, protected society when the law was powerless to act. Our Jackson County vigilants dissolved as quickly as they assembled. Their one exhibition of power sufficed; no perpetuation of their authority became necessary or advisable.
I have said that the short but desperate conflict which cost more in human lives than any other battle which ever occurred on Jowa soil since white settlement except the Spirit Lake massacres, has been universally known here as the "Bellevue War." No otherterms so well expresses the character which it assumed. The demon which enters mens' souls in the ardor of conflict must be reckoned with, and Gen. Sherman's phrase cannot be denied. Let it be remembered too that a large proportion of those who
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formed Colonel Cox's posse had already seen service as enlisted soldiers in regular warfare. Cox himself had served at least sixteen years in Illinois militia rising through all ranks from private to Colonel, during which in the war of 1812, he had, as one of a company of scouts, led his command against savage foes in positions of the most extreme danger. Again in the Black Hawk war, he had accepted service of equal peril although exempt by age from military enrollment.
Among others of the posse was Col. James Collins who had commanded a regiment in the Black Hawk war which bore a leading part in the battles of Wisconsin Heights and Bad Axe. He was afterward Colonel of an Illinois regiment in the Mexican war, but the only time he was struck by a hostile bullet was in this short-lived "Bellevue War. " He ended his military career as Brigadier General of California militia where he died in 1864.
Gen John G. McDonald had been a Lieutenant in General, (then Major) Henry Dodge's Battalion of U. S. Mounted Rangers in which he served a year. At the time of the Bellevue affair he had recently (January 14. 1840) been commissioned Brigadier General of the First Brigade, Third Division, Iowa Territorial Militia, but the militia possessed then the merest sem- blance of an organization.
James L. Kirkpatrick had been First Lieutenant in Capt. Enoch Dun- can's Galena company in the Black Hawk war, and his brother Rev. Joseph Scott Kirkpatrick had been a private in Capt. James Craig's company. I'm. A. Warren, Wilham Jonas, Vincent K. Smith, who fired one of the fatal shots that killed Brown, William Dyas, Thomas Graham, John D. Bell, James McCabe, Hastings Sangridge, Enoch Nevill, Joshua Seamands. all had served in the Black Hawk war. Indeed I believe that every Black Hawk war soldier then living in Jackson county was in Colonel Cox's con- mand at, Bellevue except the brothers, Rev. Nathan and Jesse Said, of the forks of the Maquoketa, Charles Bilto then living at Bellevue and William L. Potts, who lived however over the line in Clinton county on Deep Creek.
Another of the posse was Capt. Len M. Hillyard who held a commission as captain of Co. "D," Ist Regiment, Ist Brigade, 3rd Division, Iowa Terri- torial Militia. This company soon afterwards perfected the most complete organization of any Jackson County militia company, and took the name of "Brush Creek Rangers." Thad. C. Seamands, who became a neighbor of Capt. Hillyard's in 1847, tells us that the captain had the handle of his tomahawk shot through that he was carrying in his belt.
Of the personal character of W. W. Brown we have significant testimony in a book written soon after 1847 by Edward Bonney, called "The Banditu of the Prairies; A Tale of the Mississippi Valley. " Bonney was a detective who ferreted out and caused the arrest of those concerned in the robbery and murder of Col. George Davenport on Rock Island, July 4th, 1645. Tic found that the guilty scoundrels were John and Aaron Long, William For. Robert Birch and John Baxter, with Granville Young and Grant and Wn .. H. Redden as accessories. Of these, Fox, Aaron Long and Baxter were among the Brown gang at, Bellevue. Fox was a leader of what Bonnes calls the Banditti. He was known among them as Judge Fox, and Bontrey th!)s of many affairs of robbery in which he was engaged.
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Bonney finally traced Fox to his father's home in Wayne county on the eastern border of Indiana, and by displaying some genuine unsigned bills of the Miner's Bank with which he had been provided, gained the confidence of Fox, as being a dealer in counterfeit money. Bonney details several conver- sations which he had with Fox, among which is the following:
"Did you ever get caught before you were arrested at Bowling Green?"
"Yes, I was at Bellevue in Iowa at the time the mob shot Brown. They arrested me at the same time but could prove little or nothing against me. So they tied me up to a tree and whipped me nearly to death and then let me go. Some of them may have to pay for it one of these days. I should not have been caught at Bowling Green if the boys had followed my advice."
"Were you accquainted with Brown who was kiled at Belleyne?"
"Yes, my first horse was stolen under Brown's instructions."
"I presume that was not the last one. ''
"No, not by fifty."
It is hardly conceivable that Bonney could have manufactured this bit of testimony, any more than it is that Warren, Harrington, Moss, Cox and their associates could have proceded to the extremities they did without a profound belief, at least, that Brown was the chief sinner in the coterie of criminals.
The bias of Jo Henry may be partly explained by his being a rival of Jim Hanby, who seems to have been Warren's right hand man and deputy sheriff. He agrees that "the country at that time was overrun with horse thieves and counterfeiters, " but could not admit that Brown was guilty of anything worse than prosperity.
The hysterical letters of Col. King and Pubile Prosecutor Berry were written when they had no knowledge of the affray except what was brought to Dubuque by Mrs. Brown and the friend who accompanied ber. Governor Lucas in his reply tells Berry that the account published in the Territorial Gazette differs materially from the one given in his letter. Berry was in- spired partly. it is evident, by personal hostility towards "the infamous sheriff" Warren. That this feeling was reciprocal may be inferred from the fact that Warren consulted District Attorney Crawford on the visit of the Bellevue committee to Dubuque, rather than Public Prosecutor Berry.
That the feelings of the Dubuque gentlemen, as well as of Governor Luacs, underwent some modification very soon afterwards seems certain. Sheriff Warren and Probate Judge Moss were not removed from office and the militia commission of Brig. Gen. McDonald was not revoked. Mr. Moss was not removed from the office of postmaster. The legislature met in ex tra session in July of that year. The Journal does not show that any pro- posal was made to expel Colonel Cox from a seat in the House, but on the contrary, does show that he received votes for speaker on three ballots. At the regular election in August he was reelected .by the people of Jackson County to represent, them in the Territorial House and when that body met in November his colleagues therein elected him their speaker without an- other candidate being named. And, in 1814, he was chosen President of the Territorial Council, the highest office, except congressional delegate, which a resident of the Territory could attain by election.
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That we may further understand who were the "base and foul felons" who formed "the most infamous mob that ever was assembed in this or any other country." let us glean from history and from the memories of our coun- ty pioneers, somewhat of how they were regarded by their compeers. Gen. James Collins came into the affair by accident. His wife was a sister of Colonel Cox. They lived at White Oak Springs, Iowa (now Lafayette) coun- ty, Wisconsin Territory, and were on a visit to Mrs. Collin's mother then living with her son, John W. Cox, whose home was near the mouth of Brush Creek in Fairfield (or Jackson) township. Col. Collins' detestation of crime and his military instincts prompted him to join with his brothers- in-Jaw, Thomas and John Cox when the call came to go to Bellevue. The military career of this gentleman has been mentioned, and his civil rec- ord was no less prominent. He had been a member of the House in the Wisconsin Territorial Legislature in 1838, when it met in Burlington, and at this time he was a member of the Wisconsin Territorial Council, in which he served six sessions and became President of that body in 1841. In 1845 he was the Whig candidate for delegate to congress, but was defeated by Hon. Morgan L. Martin of Green Bay. In 1862 and 1863 he was a member of the General Assembly of California and in 1863 was elected Treasurer of Nevada county, California. Thus the "infamous mob" contained within its ranks members of the law-making bodies of two different American commonwealths.
Hon. John Foley, a participant, had been a member of the first legisia- ture of Wisconsin Territory, and in 1843 was elected to the Iowa Territorial House. He was also sheriff of Jackson County 1853 to 1855, and again in 1859 to 1861.
Capt. William A. Warren had been enrolling clerk for the Wisconsin Legislature which met at Burlington in 1838. IIe was appointed sheriff of Jackson County by Governor Lucas in 1839 and held that office under suc- cessive territorial governors for seven years. He was elected to the Consti- tutional Convention of 1857 by the people of Jackson County. He was com- missioned by President Lincoln, as Captain and assistant quartermaster U. S. volunteers in 1862 and served in that responsible position for three years, during which time he handled millions of dollars worth of government prop- erty. The writer remembers meeting him (without knowing, however. what state he was from) when he was depot quartermaster at the post of Murfreesboro, Tenn., a position of great responsibility. He was Justice of the Peace in Bellevue almost continually for over twenty-five years.
Hon. James K. Moss was at the time, as has been mentioned, postmast- er of Bellevue (appointed November 1, 1839) and Probate Judge of the county (1839-40). He then became clerk of the courts and in 1841, he was elected a member of the Territorial House of Representatives.
Gen. John G. McDonald had held a commission from President Andrew Jackson as lieutenant of U. S. Mounted Rangers. He was doorkeeper of the Iowa Territorial House for the session of 1839-40, and was commissioned Brigadier General of militia by Governor Lucas at the close of that session. By au act of the same legislature he was appointed one of the commission- ers to locate the county seat of Jones county. He was county surveyor of
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Jackson county 1839 to 1843 and also served as clerk of the courts (about 1842) and as county recorder 1842-45. In 1849, as deputy U. S. Surveyor, he had charge of the surveys of nine townships in Allamakee county. Gen. Mc- Donald was twice wounded in the Bellevue fight. He was unable to go on the day previous with his neighbors, the Cores and Nevilles, and, no horse being available, started early in the morning of the first of April on foot. He stopped at Butterworth's log cabin about eight o'clock and proceeded thence to Bellevue. He arrived when the firing had begun, and was just in time to see one of Brown's men step out and level a gun at Colonel Cox. He leaped in front of the Colonel and received the ball in his hip. Soon after he received a slight wound in the left wrist. (This information comes from N. B. Butterworth of Andrew, and from Gen. McDonald's son, R. H. Mc- Donald. of Halstead, Kan ) The quality of his heroism will be appreciated too, when we know that his honeymoon was scarcely over. his marriage to Margaret A. Hildreth, at Burlington, having taken place on January 16th, 1840.
Anson Harrington, who swore out the information by virtue of which the warrant was issued under which Sheriff Warren acted, was elected Pro- bate Judge at the election of 1840 to succeed James K. Moss. . An amend- ment by Congress to the Organic Act by which Iowa Territory was organiz- ed, was passed March 3rd, 1839, which authorized the territorial legislature to provide by law for the election of judges of probate, sheriffs, justices of the peace and county surveyors which officers under the original act were appointed by the governor. The legislature of 1839-40 provided that the officers thus named should be elected by the people of each county at the general election of 1840. This limited the term of Judge Moss, and he was appointed at its expiration clerk of the courts by the district judge. (Clerks were not elected by the people for several years afterward, I think not under territorial government at all). Then Moss in 1841 was elected to the Jegis- lature and John G. McDonald succeeded him as clerk.
Lieut. James L. Kirkpatrick, the Black Hawk war soldier, was county coroner at the time, and in 1846 became one of the Board of County Com- missioners. Rev. J. S. Kirkpatrick was not engaged in the attack but was an undoubted sympathizer. He was appointed special sheriff at the term of court held soon after the event and selected a new grand jury to in- vestigate the matter. He was elected to the Territorial Council at the elec- tion of 1840, and in 1844 was elected a member of the first, constitutional Convention of Iowa. Col. Samuel W. Durham, who was a fellow member of that convention says of him in a recent address before the Linn county Historical Society at Cedar Rapids :
"Rev. Scott Kirkpatrick, of Jackson county, an Illinoisian, was the largest and tallest and jolliest member and a good speaker." N. B. Butter- worth says that he was about six feet four, and that he could perform the feat of lifting a barrel of lead mineral. Anson Wilson's interview published in these Annals mentions his engagement as 4th of July speaker in that summer of 1810.
Hon. William Morden was not present on the first of April, as far as we know, but he had advised and helped plan the movement. He was at that
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time one of the board of three County Commissioners and in 1844, became a colleague of Scott Kirkpatrick in the first Constitutional Convention. He was also in 1856 elected a member of the sixth Iowa General Assembly. Geo. Watkins, who was a participant, succeeded Morden as one of the Counts Commissioners in the election of 1840, and his son James Watkins, also a par- ticipant, was sheriff of Jackson County from 1847 to 1853, and from 1855 to 1857 and from 1861 to 1865.
Dr. Enoch A. Wood, of Sabula, (then Charleston) was also one of the County Commissioners. He was not present, but in a letter written in 1879 and published n the Jackson County History, he says: "I know of my per- sonal knowledge that they [ Brown and his clan] were guilty of committing many crimes and misdemeanors and I justify the steps taken by the repre- sentative men of the county who drove them from our midst." John Howe was County Recorder at the time and John T. Sublett, County Treasurer. and both were participants-Sublett particularly active.
Mr. Berry's letter says that it was reported that every one of the grand jury summoned for the next term of court was acting with the "mob" except Brown and he was killed. This was probably very near the truth. We can find the names of David A. Bates, HI. G. Magoon, Thos. J. Parks, Thos. Sublett, V. G. Smith, J. L. Kirkpatrick, John D. Bell, John Stick- ley, Nicholas Jefferson among those drawn upon juries about that time.
Thus it appears that within the ranks or aiding and abetting this "most infamous mob" of "brutish beasts, " were legislators present and pros- pective of two territories and two states, three who helped frame constitu- tions for Iowa, the probate judge, sheriff, recorder, treasurer, clerk of courts, surveyor and coroner of the county, with two of the county com- missioners advising and consenting, and nearly all of the panel of grand jur- ors. There were also two militia officers, one man who became probate judge, two who became sheriffs, a prospective recorder, clerk and county commissioner. Surely a body of men who did not need instruction from the hysterical Berry, nor even from the honorable Col. John King, postmaster and first chief justice of Dubuque county.
The brave men who lost their lives in their desperate effort to enforce obedience to the mandate of law, were all men of high character, respecta- ble, honest, law-abiding citzens. Henderson Palmer and I think, John Brink, lived in Bellevue; John Maxwell, Andrew Farley and William Vaughn were farmers. The version given by Jo Henry of the part taken by Andrew Farley was a profound surprise, when published in 1897, to the peo- ple of the environment in which he had lived. The story of Capt. Warren (told from memory 35 years after the event) that Mr. Farley appeared in answer to a summons, was never questioned by his family or the pioneers of the Deep Creek neighborhood. I am inclined to believe, however, that. as Henry's version implies, he was overtaken by Warren, while on his way so mill at Bellevue, and that he was unarmed, but that he impressed Warren as being in entire sympathy with the movement. I regard it as doubtful whether the Deep Creek settlement was visited by either Cox ur Warren, because from what we know of the character and sentiments of Col. Wie- koff, Samuel Carpenter, Lorin Sprague, David Swaney, Win. L. Polls and
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