USA > Iowa > Polk County > Des Moines > Des Moines, the pioneer of municipal progress and reform of the middle West, together with the history of Polk County, Iowa, the largest, most populous and most prosperous county in the state of Iowa; Volume I > Part 20
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On the 24th, Mr. Hull from that committee reported the bill back without amendment, and recommended its passage. It was laid on the table.
The Star of January 13, 1853, published in full the speech of Senator Hull, delivered on the 3Ist of December, 1852. The reader of this speech must rise from the reading impressed with the fact that in Senator Hull the citizens of Fort Des Moines and Polk county were well represented.
Speaking in committee of the whole on "Senate file No. 4-a Bill to remove the seat of Government to Fort Des Moines," Senator Hull referred, in pass- ing, to the favorable consideration his measure had received four years before, and again in the last General Assembly. He referred to the rival claims of other localities, and deplored the jealousies engendered between citizens of the same commonwealth. He pleaded for a patriotic coming together for the com- mon good and the welfare of "our giant State." He assumed that a large ma- jority of the citizens of Iowa demanded a removal of the Capital. But, some regarded it as a question of time; others as a question of place. The whole matter resolved itself into two questions :
I. When should the Capital be removed?
2. To what point should it be removed ?
In his judgment the present was the time. As to the place, he was quite willing to admit that Burlington was the proper place for the sessions of the territorial legislature, for the settlements were then confined to a narrow strip along the Mississippi river. But, because it was convenient to meet there then, no one would argue that the General Assembly should meet there now. As immigration bent its way westward, and as settlements were formed away
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from the Mississippi, it was a simple act of justice to remove the seat of gov- ernment to Iowa City. But, like the first, the second location was only tem- porary, as the provision in the State Constitution abundantly proved. It was foreseen that Iowa's population would extend to the Missouri river, and that then it would be expedient to remove the Capital, establishing it permanently at or near the geographical center of the State. That time had fully come. Justice to the West, North and South and to the Interior required that it should now be fixed irrevocably at some point in the interior.
It was inexplicable to him that there was a difference of opinion as to the location. He regarded Fort Des Moines as the only eligible site,-situated in the center of the state, at the head of the proposed navigation, on a beautiful elevation between the two rivers, far above the contingency of high water, in a region of unsurpassed fertility, surrounded by timber, the region roundabout underlaid.with coal, with extensive mines of gypsum, tributary thereto, and with an abundance of pure water.
The objections to Fort Des Moines were next considered. Some thought it too far west of the center of population. But none were so blind as to fail to note "the great tide of immigration tending toward our western border with unparalleled rapidity." Fix the Capital in Fort Des Moines and "in a few brief years the seat of government would be, not only in the geographical center of our State, but in the very heart of our thriving population."
As an illustration, the Senator pointed to Indiana's experience. The Capital was first located at Corydon, near the Ohio river ; but it was finally located near the center of the State but far from the center of population at the time. It was, rather, in the midst of a trackless wilderness. "Indiana did what we pro- pose to do for Iowa, that is, settled its Capital on the principal river of the State. Indiana has grown a great state-as we shall grow, if in this we follow her example."
Answering the argument that removal of the Capital would rob Iowa City, Senator Hull maintained that the removal would render Iowa City a decided service, for the State would doubtless put its University in successful operation immediately after the removal of the seat of government.
Another strong reason for present action grew out of the fact that the State was maturing a great system of internal improvements, and it was of the utmost importance that the re-location of the Capital be effected before the laying out of railway lines.
Senator Lowe of Keokuk, had evinced a strong predilection for Oskaloosa, and had labored hard to convince the committee that his view was best. He had based his argument upon the hypothesis that for fifty years the center of population would be east of Fort Des Moines, hence nearer Oskaloosa. Ex- amining the map he had found that Oskaloosa was 48 miles from the south line of the State, 90 miles from the east line, 191 miles from the west line and 150 miles from the north line. The Senator from Keokuk would delay action two years, entirely willing to trust the future.
The Senator from Polk predicted that in two years the Capital would be gone beyond his reach. "Polk county, or rather a portion of her citizens, pro- pose to save the State harmless from expense in the erection of public build- ings : hence. Sir, as a political measure we should act now."
In conclusion, Mr. Hull urged his fellow Senators to forget their local pref- erences and act with a view to the great interests of the State, prospective as well as present. "Give us the Capital at Fort Des Moines, railroads checquer- ing our entire State bringing us in connection with the cities of the Mississippi and Missouri rivers-the Des Moines river on the South-we will grow up a great and prosperous inland city which, in point of commercial importance, will be second to no city in the west."
On motion of Mr. Crosthwait, the Senate went into committee of the whole
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for consideration of the bill, Mr. Hepner in the chair. After some discussion, the committee rose, reported progress and asked leave to sit again.
On January 3, 1853, on motion. of Mr. Hull, the Senate again went into committee of the whole on the bill, but no action was taken.
The next day, Mr. Lewis moved to postpone the bill indefinitely; but, on motion of Mr. Hull, the Senate adjourned.
On the 5th, the bill was taken up pursuant to special order. Mr. Preston moved to lay the bill on the table until the 4th of July. The motion was lost by a single vote.
A vote on an amendment offered by Mr. Lowe was voted down 10 to 21.
Mr. Needham moved to strike out "Fort Des Moines." The motion was lost by a vote of IO to 21.
Mr. Hillis moved to strike out all after the enacting clause and insert. a bill which placed the permanent seat of government at Pella, Marion county, in acceptance of the offer, made by Henry P. Scholte, of two-third parts of the vacant lots in Pella, and half the vacant lots in Amsterdam; the state to locate the Capitol in Garden Square, a warranty deed to the square to be given the State. This substitute was lost by the same vote-10 to 21.
Mr. Lowe moved to refer the bill to the committee on public buildings with instruction to report a bill to appoint commissioners to examine Fort Des Moines and Oskaloosa and report at the next session.
Mr. Shields offered an amendment providing that the seat of government shall not be removed until proper buildings are erected, without expense to the State, the same to be accepted by the Governor.
Mr. Harris moved the previous question, which was carried. The Shields Amendment was agreed to. The vote on engrossing and'a third reading carried- 16 to 15.
The bill was duly engrossed and read a third time.
The blank in Section 4 was filled with the names of David L. McGregor, D. A. 'Mahons and John H. Mckinney as commissioners.
A motion, by Mr. Hull, to table the bill was carried-16 to 15.
Later, Mr. Lowe moved to take it from the table, which carried by 16 to 15.
The measure had now reached the decisive moment. The yeas and nays were ordered on its passage, resulting in 13 votes aye and 18 votes nay, and it was declared lost.4
The Fifth General Assembly had scarcely been in session a week before the irrepressible Capitol Removal question was before the Senate. December II, 1854, Mr. Lucas gave notice that he would soon introduce a bill to remove the Capital to Fort Des Moines. On the 14th, his bill was introduced. It was referred to the committee on public buildings.
On the 16th, Chairman Thurston from that committee reported a substitute for Senate file No. 16.
January 10, '55, Mr. Preston moved that Senate File No. 16, (or, rather the substitute therefor) a bill to re-locate the seat of Government, be made a special order for Saturday forenoon. The motion was lost.
Mr. Preston moved to amend by striking out the words "appointed by the Governor" and inserting "elected by the General Assembly, by joint resolution." Lost by a vote of II to 19.
Mr. Browning moved to amend by inserting "Oskaloosa." Lost by a vote of 12 to 18. Mr. Browning moved to amend by inserting "Fort Desmoine." Lost, by a vote of II to 19. Mr. Preston moved to amend by making the selec- tion of commissioners by "joint convention." Lost, by 10 to 18.
4 The final vote in the senate on the removal bill was as follows: Yeas-Cowles, Harris, Hedrick, Hendershott, Hepner, Hull, Johnson, Love, Lucas. McAchran. Price, Schramm and Spees. Nays-Browning, Clark, Coup, Crosthwait, Everson, Fisher, Fletcher, Hillis, Lewis, Lowe, Mckinney, Needham, Park, Preston, Sales, Shields, Wing and Lef- fingwell, president.
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At evening session, Preston moved to amend the first section of the sub- stitute, by striking out the words "within two miles of the Forks of the Rac- coon and Desmoine river, in Polk county." Lost, by 12 to 17. Mr. Browning moved that the selection of the Capital city be left to the people at the next April election, etc. Lost, 10 to 19. Mr. Sanders moved to strike out "within two miles" etc., and insert "within twenty miles." Also lost.
Mr. Browning would make it "sixty miles;" but the senate objected. Mr. Needham moved that the commissioners report to the next General Assembly. Lost 10 to 19.
The question then recurring on the amendment to Section I, as recommended by the committee of the whole, the amendment was carried-19 to 12.
January II, Mr. Schramm, of the engrossing committee, reported the bill cor- rectly engrossed. At the afternoon session on that day, the bill was read a third time and passed.5
The long contest was over, for it was understood that the House would concur.
At 6:30 P. M. on Monday, January 15, the bill had its final inning. The committee of the whole House, at 9:15 rose and reported through the Chair- man, Dewey of Fremont, that they had considered the matter referred to them and recommended the passage of the bill.
Tuesday morning following, the bill was taken up and read by sections. Several amendments were offered and lost, most of them forced to a roll-call.
Mr. Bryan finally moved the previous question and the motion was sus- tained. The bill was ordered to a third reading.
On the 18th, on motion of Mr. Samuels, the rules were suspended and the House took up Senate File No. 16. The bill was read a third time and on its passage 38 votes were recorded in the affirmative and 25 against.6
As an indication of the source of Fort Des Moines' strength, as against Iowa City, it should be noted, in passing, that of the sixty-four members of the House of Representatives in the Fifth General Assembly, fifty were from the southeastern and southern portions of the state, and more or less interested in the development of the Des Moines river region.
The act re-locating the seat of government in Iowa, which became a law on the 24th day of January, 1855-is, in substance, as follows :7
I. It directs the Governor to appoint five commissioners, a majority of whom shall have power to act. The site to be selected by them shall be within two miles of the junction of the Des Moines and Raccoon rivers in Polk county. The Governor's approval of the site selected was a proviso of the act.
2. The commissioners were directed to meet on the first Monday in April next, or within thirty days thereafter, in Iowa City, or such other place as a majority might agree upon.
3.
The commissioners were directed to take oath that they would faith-
5 The final vote was as follows: Yeas-Anderson, Coolbaugh, Coop, Hamilton, Hillis, Jordan, Love, Lucas, McCulloch, McCrary, McAchran, Park, Ramsay, Saunders. Schramm, Test, Thurston, Udell and Mr. President (Fisher)-19. Nays-Berge, Browning, Clark, Cleaver, Fulton, Matthew, Needham, Preston. Shields, Wilkinson, Workman-II.
6 Yeas-Albright. Baldwin, Barker, Boyles, Clark, Cornell, Corse, Creel, Creamer, Damon, Dewey of Lee, Dewey of Fremont, Dorland, Goodfellow. Graham, Greenleaf, Hinkle, Jackson, Lyon, McCall, McFarland, Meachem, Meek, Monroe, Neal, Neeley, Newsome, Poston, Rosser, Sargent, Stephenson, Tisdale, Tracy, Vanfossen, Wamsley, Weatherington, White, Yeomans. Nays-Bigelow, Brown, Coffin, Conkey, Eddie, Hall, Holmes of Jones, Hyde, Johnson, Kinert. Lockwood, McCrary, Mckay, Moore, Pignan, Pritchard, Rogers. Russell, Samuels, Smith of Cedar, Turner, Williams, Witter, Young, Mr. Speaker (Noble).
" Acts of Fifth General Assembly, Ch. 72, pp. 105-6.
HON. B. F. ALLEN Pioneer Merchant and Capitalist of Fort Des Moines
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fully discharge their duties, and would have strict regard to the interests of the entire state.
.4. They were directed to obtain at least as much land as would be neces- sary and as much as would be practicable to obtain "without charge," to the State, also any grants and donations of land and town lots.
5. Should they select some location at a point where there was no town, village or city already located, the commissioners were directed to lay off the land so selected into suitable blocks, lots and squares, and to employ for that purpose a competent engineer and assistants.
6. The survey completed, they were directed to make a plat of the site and return it certified, with a report of their acts to the Secretary of State, -the place so selected to be and remain the seat of government of the State.
7. The commissioners were to receive $3 a day for the time actually em- ployed; the surveyor to receive the same salary; his assistants to receive $2 a day,-the sum to be paid from the State Treasury, unless paid by parties in- terested.
8. Vacancies, if any, on the commission were to be filled by the Governor.
9. The General Assembly and the State officers were to continue to meet in Iowa City until otherwise ordered.
IO. When in his opinion suitable buildings were prepared, the Governor was directed to make proclamation to that effect, and from that date the Gen- eral Assembly would be expected to meet, and officers of State to maintain their offices, at such seat of government; provided-that said buildings should be erected without expense to the State.
Governor Grimes appointed as a locating commission : Joseph H. D. Street, Stewart Goodrell, Benjamin R. Pegram, Guy Wells and John A. L. Crookham.S
The commission met in Fort Des Moines April 18, 1856, qualified before R. S. Crystal, clerk of the District Court of Polk county, and proceeded to ex- amine the various locations situated within two miles of the junction of the two rivers and selected and designated and fixed as the site for the new Capitol "a certain lot on the map of the Town of Demoine City in the County of Polk aforesaid, containing ten and 2/100 acres, and situated on the East Side of the Des Moines River within two miles of the junction aforesaid and thus defined : Commencing at a point North 68° East two chains and sixty-eight and a half links from the Center corner [of] Section No. (3) three Tp. 78 N. R. 24 West of the 5th P. M. thence 74° 30 m. East 640 feet, thence South 15° 30 m. East 682 feet, thence South 74° 30 m. West 640 feet, thence North 15° 30 m. W. 682 feet.
The commissioners state that the lot above described was obtained by dona- tions, and in their opinion contained as much ground as was necessary for the Capitol buildings.
They reported also that they had obtained by donations one tract containing 5 61/100 acres and one block.
Having taken to their aid William H. McHenry and Bernard Callan, compe- tent surveyors, and the necessary assistants, they proceeded to survey and lay off the lot selected by them for the Capitol building and the other tracts, with the streets connecting them, and caused a plot of the same to be made, a copy of which was turned in with the report, and taken proper conveyances of the tracts which also accompanied the report.
Governor Grimes in his message of December 2, 1856, thus briefly refers to the work of the commission :
"In compliance with the act of 25th of January, 1855, entitled 'an act to re-
8 From Report of Re-locating Commission to the Secretary of State-on file in the Archives Department, State Historical Building.
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locate the seat of government,' I appointed commissioners for that purpose and they have discharged their duty. The site selected for the future Capital is on a gentle swell of land about three quarters of a mile east of Fort Des Moines, and on the east side of the river. It commands a good prospect and seems to be well adapted to the purpose for which it has been selected."
Meantime, a company of East Des Moines capitalists was formed consisting of Messrs. Scott, Turner, Williamson, Griffiths and others to build a state house and donate it to the State, or lease it at a nominal rental. Two busy years were put in, building the structure, at a cost of about $35,000. It was a plain brick building "of Ionic architecture." Its dimensions were 50 by 150 feet. Early in the fall of '57 Governor Grimes visited Des Moines and on examining the edifice pronounced it adequate for the uses of the forthcoming General Assembly.
Prior thereto, lobbies from Iowa City, Oskaloosa, Marshalltown and Newton attempted to break the binding force of the commissioners' report in favor of Des Moines, but made no headway.
But one thing remained to make the record complete. On the 19th of Octo- ber, 1857, Governor Grimes, through Secretary of State Sells, issued a procla- mation declaring that in his opinion suitable buildings for the accommodation of the General Assembly had been prepared upon the site selected for the Capital by the Commissioners, and he therefore declared "the Capital of the State of Iowa to be established under the constitution and laws of the State at Des Moines in Polk County. "' 9
9 Messages and Documents, v. 2, p. 110.
CHAPTER XVIII.
THE QUESTION OF REMOVAL REOPENED IN THE CONSTITUTIONAL CONVENTION OF '57.
The question of a removal of the Capital, apparently settled by the Sixth General Assembly, was early reopened in the Constitutional Convention of 1857, and was there settled for all time.
On Friday, January 30, on the 10th day of the convention, Mr. Gower, of Cedar, offered a resolution "that the committee on miscellaneous subjects be instructed to enquire into the expediency of providing for the permanent loca- tion of the Seat of Government, the State University and the Deaf and Dumb and the Blind Asylums." The resolution was so referred.1
On the 2nd of March, the 36th day of the convention, Mr. Skiff, of Guthrie, submitted a resolution that the committee on the schedule be instructed to in- quire and report upon the expediency of permanently locating the State Capitol and the State university.2
Mr. Palmer of Davis moved as a substitute the following as a separate article. of the constitution :
"Section I. The seat of government is hereby permanently located, as now fixed by law, at the city of Des Moines, in the county of Polk; and the state university at Iowa City, in the county of Johnson."
Mr. Skiff withdrew his resolution in order that the Palmer substitute might go directly to the convention.
Mr. Gillaspy, of Wapello, urged a suspension of the rules and a vote on the substitute. There was objection and the article went over until the next day.
On the following day, the article was given a second reading. Mr. Gower offered an amendment that the question of locating the Capital be submitted to the people of the State. He had "waked up twice" during his short stay in Iowa, "and found the Capitol moved one hundred miles off, and without any expression of the people." He had learned that the Capital was removed to Iowa City in 1839; thence to Monroe City in 1847; but the act removing to Monroe City be- came obnoxious and was repealed. Next came the act removing the Capital from Iowa City to Fort Des Moines, approved January 25, 1855, "done without a peti- tion from the people, and without the knowledge or consent of seven-eighths of them." He then discussed the consequences of the proposed removal "and the means used." He had found that seven-eighths of Iowa's population were east of Des Moines and that Iowa City was near the actual center of population. The majority were, therefore, not accommodated by the change and did not de- sire it. "What induced the General Assembly to pass that act?" He believed he had it in his power to satisfy his peers "and posterity, that it was money, town lots and oyster suppers !"
Mr. Gower told the story of a Cedar county member,3 who voted for the re- moval bill and, instead of returning to receive his constituents' blessing, ordered his family out of the county, and, when next heard from, was en route for the new Capital, where, Mr. Gower understood, he was then living, "on a portion of
1 Constitutional Debates, 1857, v. I, p. 88.
2 Constitutional Debates, 1857. v. 2, p. 877.
3 A. C. Graham.
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the new Capitol ground; and," he added, "my constituents think the purchase was his faithlessness to our interests."
Mr. Gower would not say that Fort Des Moines was not the best place for the seat of government. It might be best to locate it there: but he insisted that the convention should "look to the best interests of the whole people, and not to the action of the last legislature." The question of location should be settled on its merits ; not because a few men had smuggled an act through for their own benefit. He had no "prejudice against Des Moines, any further than had arisen from improper influence upon the legislature."
Mr. Clarke, of Henry, favored the Palmer resolution-locating both the Capi- tol and the State university. All had experienced the evils of a Capitol on wheels. He believed the people of Iowa City would prefer to have the question settled. They would be satisfied to have the State's buildings turned over to the univer- sity, thus obviating the expense and long delay incident to the securing of appro- priations and the erection of buildings. The removal of the Capitol had already been decided twice, and the people had already expressed themselves in regard to the location of the State university. They had also settled that the Capitol should be located in Des Moines. Were he a non-resident and called on to select a fitting place for the Capitol, he would put his finger on Des Moines. Ninety- nine of every hundred within the state who knew Iowa's "geographical position, its natural resources and where its great commercial center will be," would de- clare the legislature voted wisely in locating the Capital at Des Moines. He feared that unless the question of location were settled by a constitutional provision, it would thereafter be a trouble and a vexation to the people of the State.
Mr. Gower intimated that the member from Henry had been won over by an agreement to locate an insane hospital in Mt. Pleasant.
Mr. Clarke replied that if persons do no wrong, what was the good of ar- raigning their motives? He did not believe there was any corruption in the loca- tion of the Capitol by the last General Assembly. Long before the act was passed a majority were in favor of Des Moines. He believed Des Moines was "strong enough to carry her measure, independent of any other measure before the leg- islature."
Mr. Clarke, of Johnson, said that if the convention would locate the other in- stitutions where the State University was to be located, he would vote for the measure proposed. As to the removal of the Capitol, all he asked was that the Capitol remain in Iowa City until the internal improvements then being con- structed to Fort Des Moines should have been completed-say for five years. Until the railroad from Iowa City to Fort Des Moines and other improvements were completed, the people of Iowa City "would yield up the Capitol to Fort Des Moines." The people of Iowa City did not expect "or desire" that the Capitol remain permanently. "But," said Mr. Clarke, "We do object to being dragged away from this place to Fort Des Moines, when there is no convenient mode of getting there." He, therefore, offered, as a substitute to Mr. Gower's resolution, that the question of removal of the Capitol be submitted to the people as a separate proposition.
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