USA > Iowa > Jackson County > Annals of Jackson county, Iowa, Vol 1-6 > Part 24
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Other routine and dilatory motions followed until the bill finally passed by the same thirteen to eleven. Then Hardin Nowlin moved to amend the title of the bill to read: "A bill to establish two seats of government and to squander the appropriation for erecting public buildings." Six dila- tory motions with three roll calls followed, then Nowlin's motion was lost by six to seventeen. The ayes were Cox, Hastings, Nowiln, Roberts, Taylor and Toole.
The contest was now transferred to the Council, and it became at once evident that the leaven of Colonel Cox's suggestion had worked its full ef- fect on that body, and that a fully detailed plan had received the sanction of all except the members from Henry and Van Buren counties. On the morning of January second, the Council received a message from the House that it had passed, among other bills, "An act to locate the Seat of Govern- ment of the Territory of lowa." Hon. James M. Clark of Louisa county (Muscatine district) and Hon. Stephen Hempstead of Dubuque assumed di- rection of the new plan, and it was first advanced by a motion of Mr. Clark's to strike out the second section of the bill The vote on this motion disclos- ed the full strength of hoth factions in the Council, and was as follows: Yas, Clark (Muscatine district) ; Hempstead, Lewis (Dubuque) ; Hepner. Inghram, Ralston (Des Moines) ; Parkre (Scott) ; Whittlesey (Cedar, etc. ) : Browne (Lee), 9. Nays, Hughes, Payne (Henry) ; Heith, Swazy; (Van Buren, 4.
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Then Mr. Hempstead moved to insert a new second section, which, af- ter several verbal changes, read as follows:
"Sec. 2. Be it further enacted, that the commissioners hereinafter mentioned or a majority of them, shall, on the first day of May, in the year eighteen hundred and thirty-nine, meet at the town of Napoleon and pro- ceed to locate the seat of Government at the most eligible point within the present limits of Johnson county."
This was adopted by the same nine to four vote previously recorded. The section as first proposed by Mr. Hempstead provided that the location should be within twenty townships named, which would have included the southern tier of townships in Linn county. Mr. Clark moved to strike out the limits mentioned, and to insert "within the present limits of Johnson county, " which was carred by ten to three, Mr. Hempstead himself voting for it, as did also Mr. Keith, one of the Mt. Pleasant adherents.
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How Iowa City Became the Territorial Capital-Colonel Thomas Cox of Jackson County au Important Factor in the Contest.
(Written by Harvey Reid for the Jackson County Historical Society.
The Henry county members exhausted every parliamentary device, and tested the endurance of the majority by roll calls on amendments at every stage of progress of the bill; but the "stalwart nine" held their ground without a break in their ranks, the bill was perfected to six sections, then referred to the Committee on Territorial Affairs and laid over until the next day. On January third, the committee reported back the bill with an additional section, which was concurred in. Other efforts were made by the Mt. Pleasant men to amend or delay its passage, but the final roll call secured ten votes, Mr. Keith of Van Buren having joined the majority.
The House took up the bill as amended by the Council on the same day, made some slight changes in verbiage, and then passed it by the bare major- ity of thirteen to twelve. As compared with the vote on January first, when Mt. Pleasant won by thirteen to eleven, she now lost the votes of George Beeler of Des Moines and Laurel Summers of Scott, and gained that of Wm. Patterson, of Lee, who had been absent on the first.
When the bill came to Governor Lucas for approval, he pointed out de- fects which he suggested could be cured by a supplementary act, and with- held his approval until the legislature should thus perfect their work. A "bill supplementary to an act to locate the seat of government for Iowa," was therefore introduced in the House on the fifteenth of January. It pro- vided that, so soon as the place shall be selected and the consent of the United States obtained, the commissioners shall proceed to lay out a town: that, after a plat of the town shall have been recorded, the Governor shall direct a sale of lots to be held under direction of the commissioners, the proceeds of which shall go into the Territorial Treasury, to be expended as may be directed by law; that the acting commissioner shall give bonds; that the Governor shall apply to Congress for a donation of four sections of land, and other provisions. During its consideration Colonel Cox moved to insert in the first section, after the word "town", the words, "to be called Iowa City", and the motion carried. Thus was Thomas Cox responsible not only for the idea which bore fruit in the selection of a site for the territorial capital upon unoccupied government land, but it was he, also who gave the
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legislative bantling city a name. The supplementary act was passed by a vote of sixteen to nine, Cox in the negative. The opposition probably repre- sented, to some extent, resentment towards the dictation of the Governor.
On the seventeenth of January; the two houses met in joint convention to elect the three locating commissioners, one from each judicial district. For the third district, Colonel Cox put in nomination his colleague, Chaun- cey Swan, of Dubuque, and he was elected by twenty-nine votes against nine scattering. For the second district, John Ronalds, of Louisa county, was elected on the first ballot. For the first district, five candidates were put in nomination. Four ballots were taken without result. The fifth ballot stood: Robert Ralston of Des Moines county, twenty-three votes, John Clay- poole, thirteen, "Colonel Cox", one. The original and the supplementary acts were both finally approved by the Goveronor, January 21, 1839.
The lamented Dr. Theodore S. Parvin, to whom Iowa is more indebted than to any other individual for the preservation of facts relating to its ear- ly history, has made a singular error in writing about the part borne by Col- onel Cox in this capital locating contest. Dr. Parvin, as a young man, was private secretary to Governor Lucas, and therefore present in Burlington during the session of that tirst Territorial Assembly, and familiar with its proceedings. The imbroglio of the Governor with Secretary Conway involv- ed also a hostility on the part of the Secretary towards young Parvin, which was manifested in some reports made to the Legislature which afford some of the raciest reading that ever appeared in public documents. Colonel Cox was a bitter partisan in the controversy as a friend of Conway's, and therefore not at all friendly to the private secretary. That this obvious old time fact had any influence upon the memory of the venerable doctor of which he was at all conscious, we do not for a moment suppose; but we believe that it did prevent his having had, at the time, personal knowledge of Colonel Cox's ideas and efforts.
The first public utterance of Professor Parvin's on the subject was in an address before the Iowa Pioneer Lawmakers' Association in 1892, when he said: "His (Colonel Cox's) vote was the turning point in the location of the capitol at Iowa City, and the territory and state became indebted to him by whose vote the location was determined." Again, in an address be- fore the same body in 1900, Dr. Parvin told a graphic story of the efforts made by the adherents and the opponents of Mt. Pleasant to gain votes In this, he made the assertion that the result hung upon the vote of one man (without naming him), and that his vote was won and retained by sinister means in which the celebration of Jackson day (January 8th) bore a part, A letter written by Parvin to Revered William Salter in November, 1900. which the present writer has been permitted to copy, tells the same story with Colonel Cox as its subject : and, by this letter, it appears that Honora- ble S. C. Hastings, then a member from Muscatine, was authority for the incidents upon which it was based.
Now the evidence of the House Journal has been carefully presented in detail in the text, and shows that the contest was all over and the last votes taken on the third of January. Jackson day had no part nor lot in it. The Journal shows, too, that, so far from the vote of Colonel Cox being an un-
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certain factor to be competed for, he was, from the first, a leader of the forces arrayed against Mt. Pleasant, active, vigilant and resourceful. The wavering votes clearly show in the record, and it would be difficult to cen- ter the final result upon any one man.
In this connection, we would cite the assertion of Hon. Hawkins Taylor, who, in a letter to the Pioneer Lawmakers' Association of 1894, says that, during that first Territorial Assembly, he did not see a single member in- toxicated. The Journal record demonstrates that it was a busy session: ev- ery member was on his mettle, intensely interested in his new duties and unwilling to allow extraneous pleasures to divert him therefrom.
It is due, however, to the venerable narrator whose tale we are endeav- oring to combat, to say that internal evidence in the Journal of the session of 1839-40. of which Assembly, also, Colonel Cox and Mr. Hastings were both members, would indicate that a convivial observance of Jackson Day, 1840, is inherently probable. So we are compelled to believe that Clinton Hast- ings' story, filtered down through sixty years of the phenominally retentive memory of Dr. Parvin, related to the second year of his joint service with Colonel Cox instead of the first, and that this territory and state did become indebted to Colonel Cox for the location of the capital at Iowa City, but in the wider sense of his having created the idea, rather than his having cast a reluctant ballot which determined such location.
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Aims and Purposes of the Jackson County Historical Society.
(Written by J. W. Ellis for Jackson County Historical Society.)
The main object of this Society is to preserve in as condensed form as possible the history and happenings of the people of this county without pre- judice or coloring. In 1879, an enterprising firm published a book entitled, "The History of Jackson County. Iowa." which contained an account of the discovery and early settlement of Iowa and Jackson County, a partial history of the criminal proceedings, list of names of those who enlisted from this county during the Civil War, and a large space was devoted to very brief biographies of such persons or families as were willing to pay $7.00 for a copy of the book. There was a very limited number of those books pub- lished. Ten years later, or in 1889, another book, The Jackson County Al- bum, was published. This book consisted largely of biographies of persons who were able or willing to pay the price of $15.00 for a copy of the book with a write-up of themselves or families. Naturally the price of these books placed them out of reach of a great many people who would appreciate the contents if they could afford to own them. But at best those books were but partial and imperfect histories of the county.
In 1897, I wrote a serial under title of "By Gone Days," that was pub- lished and ran through twenty-five numbers of the Maquoketa Record, and the publishers made something like 150 booklets containing the matter as it had run in the papers, and sold them for 25 cents each. The contents treat- ed entirely of the criminal history of the county.
This Society desires to gather all of the historical matter that it is pos- sible to gather at this late date, that is worthy of preservation, of men and events in the county, condense it as much as possible and publish it in book form on the installment plan, as it were, and make it easily in reach of all. The Society is now preparing the third number of its Annals, or quarterly publications, and its officers have been greatly encouraged in their work by the numerous favorable comments and complimentary letters received from public libraries, historical societies and prominent authors to whom we have sent copies of our publications.
In carrying out our purposes it will be necessary to republish something that has been published heretofore, for the reason stated above of getting a succinct history of the county in book form for better preservation. For economical reasons the matter prepared for our Annals under present ar- rangements will be first published in the Jackson Sentinel, and I would ad-
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vise the patrons of that paper to preserve the numbers containing the his- torical matter. They will want to read it again.
One of the features in our future publications will be obituaries of our pioneers, and it is desired that members of the Society and others preserve copies of obituaries of pioneers and old settlers, and hand to the officers for publication in the Annals. The Society is incorporated under the laws of the state, and is authorized to receive donations and make contracts, and is acquiring a valuable collection of books and papers. We invite contribu- tions of historical matter, reminiscences, anecdotes and tradition, but do not care for opinions. We especially desire assistance in locating the sites of the first cabins erected on any and all of the lands of this county, also dates as near as possible of first settlers on the lands.
The committee on distribution of our publications have decided that where no acknowledgement is received from those to whom the books are sent such persons or societies shall be dropped from our mailing list.
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More About the Iron Hills Vigilantes.
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(Re-Written by J. W. Ellis for the Jackson County Historical Society.)
There was one episode in connection with the Iron Hills vigilance com- mittee which I believe has never been published; away back in the early fifties there lived in the vicinity of Iron Hills a man by the name of Wilcox, who was a gay Lothario. His attention to some of his neighbors wives was the talk of the neighborhood, and his conduct became so flagrant and out- rageous indecent, that the neighbors were prompted to resort to harsh meas- ures, and while the lesson or punishment was quite severe, it had the desir- ed effect. Our informant who was an eye witness to the punishment of Wil- cox, was a boy at the time, and lived on the banks of the North Fork, be- tween Fulton and Iron Hills. He says that a neighobr came to him one evening and wanted to know if his folks had any loose faethers; upon mak- ing inquiries at his house he ascertained that his mother had some chicken feathers. The neighbor said that would do, in fact were just what he wanted. He made arrangements with the boy to take the faethers in a sack across the river, which was spanned by a foot bridge, and conceal them in a certain place near where John Hute's house now stands. The boy carried the feathers to the place agreed upon and his curiosity being excited he was determined to satisfy it, so he concealed himself and awaited events. Some time after dark men whom he recognized as neighbors began to arrive in twos and threes, and engage in conversation, carried on in low tones. Finally a party of five or six arrived with a prisoner, in whom the boy recognzed the gay and seductive old Wilcox.
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After some parleying and pleading on the part of the prisoner, he was stripped naked and covered from head to feet with tar, after which the var- ious colored chicken feathers were applied, making one of the most grotes- que figures ever seen. When the crowd had sufficiently enjoyed the discom- fiture of their victim, they warned him to leave the country within a given time, and went their way, leaving him alone in his agony. Our friend says, Wilcox gave a groan of such bitter agony that he shall remember to the last day. "My God, " he said, "I am ruined, body and soul." He put his hands against his body and began pushing off the horrible clinging substance, re- moving great flakes which our friend says, could be seen there six months afterwards. The terribly punished man lost no time in shaking the dust of Iron Hills off his feet forever. Although fifty years have passed since the Wilcox episode, there are several people living in this locailty who recollect the incident, and some who participated in it.
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Counterfeiter Redeemed by Patriotism.
(Written by J. W. Ellis for Jackson County Historical Society.)
As far back as the territorial days that part of the county bordering on Brandon and Monmouth townships was believed to be infested with an or- ganized band of counterfeiters. In the fall of 1858, one E. S. Washburn was arrested, and not only counterfeit money was found on his person but dies were also found for making such money. On the 17th of March, 1858, the grand jury brought in an indictment charging Washburn with having coun- terfeited money in his possession, with the intent to pass the same, and on the 18th brought in another indictment charging him with having dies in his possession for making counterfeit money. On the 25th of March, 1859, Wash- burn was brought into court and arraigned and plead not guilty. A jury was empaneled which heard the case, but could not agree. and was discharg- ed. We believe but one of these jurors is alive today, and that is Thomas Frazer of Woodbury County. On the 23rd of December, 1859, the case came on for trial again, with the follownig jurors; Chas. Harrington, Dan Wago- ner, R. L. Brit, Thomas Dugan, T. H. Davis, A. G. Fisher, J. T. Hutch- ins, R. B. Felton, A. Hurd, John Keeff and A. J. Able, who, after hearing the evidence and arguments of council, brought in the verdict of guilty as charged, and recommended the defendant to the mercy of the court. The sentence of court was that defendant be confined in the penitentiary at hard labor for one year, from which he appealed to the supreme court and was admitted to bail pending time for the trial. The sequel of the case we give in the version of our old friend Myron Collins in his own language. Dictated in 1897.
E. Washburn was indicted for manufacturing and passing counterfeit gold dollars near Canton, this county, indicted by the grand jury and put on trial, convicted and sentenced to penitentiary for one year. A number of his neighobrs thought him innocent. At the time of the trial I was bail- iff under James Watkins, sheriff, had charge of Washburn and two Farring- tons, when the county seat was in Bellevue. The prisoners were brought from Andrew and had to be guarded while in Bellevue, and I became very well acquainted with Washburn, and after his conviction he wanted to take an appeal to the supreme court. He had to furnish a bond in the sum of $500 in order to take the appeal. Myself with seven others went on the bond. The Supreme court was to meet in Davenport in the spring; in the mean
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time Washburn had moved to Bellevue with his family and lived there. He took a boat in the spring as he said to go to Davenport to attend the Su- preme court, he did not appear at the supreme court but left the country.
Coming to investigate the bond, there were only two responsible parties . on the bond and they were Mathew T. Diamond of Monmouth township and myself,. The county did not enforce the collection of the bond agaist Dia- mond and myself; they wished to give us ample time to catch the defendant. We heard nothing of him until after the battle of Pea Ridge. A few days after that battle I receievd a letter from one of the Farringtons, whom I had guarded at the same time I did Washburn at the jail, who was then in the 9th Iowa Infantry which had participated in the battle of Pea Ridge, stating that Washburn was Major of the 24th Missouri Cavalry. In a few days after wards I got another letter from William Seward stating the same thing. I then went and saw Mathew T. Diamond and made arrangements with him to get a requisitoin, and for me to go and get Washburn ; Governor Kirkwood of Iowa issued the requisition upon the provindcial Governor of Arkansas. I took my requisition and started, when I gotto Carroll I could not havegot down the river without a pass, but having my requisition I was passed through the lines. Governor Phelps was provincial governor of Arkansas. I went to him and gave my requisition; he looked over the papers and pro- nounced them correct ;. At that time Washburn was going under the as- sumed name of E. S. Weston, as I was informed by the parties who had in- formed me as to his whereabouts. After Governor Phelps had perused the papers and had found them correct, he said that he would prefer before is- suing the warrant, to confer with General Curtis, who was in command and who had been in command at the battle of Pea Ridge. He called in a negro servant and ordered him to get his carriage. He and I went to Gen- eral Curtis' headquarters; he was quartered in a very fine mansion in Helena, Arkansas, and Gov. Phelps introduced me to Gen. Curtis as Mr. Curlins from Iowa, who had requisition from Governor Kirkwood of Iowa, duly authenitcated for the arrest and return of E. S. Weston alias E. S. Washburn. Gen Curtis appeared very much surprised, after reading the requisition over Gen. Curtis said to me, that he would rather spare any other officer in his command, that he questioned very much whether they could have won the day at the battle at Pea Ridge had it not been for the gallant services of Major Washburn, that Washburn had been through the Mexican war and he was well disciplined and a daring and noble officer, and he would much prefer that some arrangements could be made whereby Major Washburn, alias Weston could remain in the service. He sent an orderly af- ter the Major, he then informed me that he would have to excuse me as he had business of great importance on hand. I went out and sat in the Gov- ernor's carriage, which was standing at the entrance to Gen. Curtis' head- quarters, while I was sitting in the carriage, Major Washburn came along with the orderly who had notified him that he was summoned before Gen. Curtis, when Washburn turned into the gate to go into Curtis' headquart- er,s I says to him "Hello, Washburn, " he turned around and looked at me several moments before he spoke, he then remarked "Great God, is that you Collins?" I suppose the jig is all up with me, "I remarked to him, I
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thought it was, he then says," I suppose you are after me;" I remarked that he guessed correctly. We talked a few moments. He then said I would have to excuse him, that he had been summoned before Gen. Curtis, prob- bly half an hour after Washburn had gone in to report to Gen. Curtis an or- derly came out to me and said I had a summons to appear before Gen. Curtis, Gov. Phelps and Gen. Curtis had been in consultation during my absence. I went in and reported to Gen. Curtis, He said to me that he was very anxious that some arranement could be made whereby the Major could be retained in the service. He made a proposition of this kind that he would appoint two of his staff officers and those officers and Major and me should get together and see if we couldn't arrive at some conclusion whereby the Major could remain in the army. We went into a room up stairs over the Generals headquarters, after a long consultation among ourselves, we made this arrangement: That the Major should pay all my traveling expenses. both going and coming and a reasonable compensation for my time to me, and deposit $500 with Gov. Phelps, that being the amount of the bond, and that we would get up a petition to Gov. Kirkwood of Iowa, setting forth the gallant services of the Major at the battle of Pea Ridge and elsewhere, asking the Governor of Iowa to pardon him and that this petition was to be signed by Gen. Curtis and Gov. Phelps, and all of the Curtis staff officers and that I should take the petition and come to the Governor of Iowa; and in the event that the pardon was not granted by Gov. Kirkwood, Gov. Phelps was to send the money to me, and if the pardon was granted he was to pay it to the Major. The Major was at that time acting provo-marshal. I in- formed the Major, that I would like to go out and visit the 9th Iowa,
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