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 6
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"Passing diagonally' through the State, fully four hundred miles, and by its center, where her future Capitol will be reared, and her greatest inland town grow up around it, upon the bosom of the beautiful Des Moines, when once permanently improved for uninterrupted navigation, as is contemplated, will float to the 'Great Father of Waters' much of the largest portion of the products of her entire valley-nay, probably, of the entire State itself, of which that valley is the great heart and center; while upon her banks will spring rapidly into existence numerous thriving manufacturing towns, finding, in the vast water power created by the works, perpetual food upon which to found a growth as substantial, and durable, as it will be gratifying and surprising."
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CHAPTER IV.
LOOKING TO THE GENERAL ASSEMBLY AND TO CONGRESS FOR RELIEF.
The Des Moines Navigation and Rail Road Company through Henry O'Reilly, its secretary entered into the complicated situation June 9, 1854, with a contract "for the entire and final completion of the improvement." The company agreed to pay all debts against the improvement, all salaries, etc., and to complete the improvement to Fort Des Moines, in accordance with the original plans, by July, 1858, ensuring the navigation of the river by that time and agreeing to complete at least one fourth of the work each year, the company to have the use and con- trol of the work for sixty years. The reasons given for thus turning the prop- erty over to a corporation for sixty years was that the lands had been so far doled out that the proceeds from future sales would be insufficient to pay for the work to be done, and further that "railroads seemed to be the all-absorbing topic of interest."
Commissioner Manning, filling a vacancy caused by the resignation of Com- missioner McKay, in '57, investigated the new situation and found that the com- pany had admittedly failed, that its course had "excited suspicions among the best men that there was a want of good faith and intention on the part of the company," but he had won valuable concessions from the company and the work would go on.
There had been, to date, an outlay by the State and the company, of nearly $800,000, and that portion constructed by the company was still in an unfinished condition. Further differences and longer delay would prove disastrous. The main points of agreement between Commissioner Manning and the company were: (1) The titles to lands 'for right of way and mill purposes were to remain in the name of the State; and (2) the balance claimed by the company was scaled down from $109,849.73, to $37,286.67, this balance to be reserved by the State until the performance of a certain contingency set forth in his agreement with the company, namely that the company complete a fourth part of the line from the mouth of the river before it should become entitled to the balance above named.
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CHAPTER V.
LEGISLATORS TAKE A HAND IN THE GAME OF CROSS PURPOSES.
The report of the Joint Committee on the "De Moine River Improvement" 1 made to the Sixth General Assembly 1856-7, aimed to set at rest the reports in circulation that at least a portion of the committee were unfriendly to the fur- ther prosecution of the work and in favor of diverting the appropriation to railroad construction. There had been but one wish on the part of the com- mittee, and that was to secure the greatest possible advantage to the Improve- ment, and that any attempt to divert any portion of the grant or the proceeds thereof, would be illegal, impolitic and unjust.
The legislative committee was of opinion that "no legal contract was ever made with the De Moine Navigation and Railroad Company," the essential signa- ture of the Governor not having been attached.
The committee found that over a million dollars of full-paid stock had been issued by the company, upon which had been received but $167,000, leaving a deficit of $823,000, for which certificates had been issued; but nothing had been realized by the company. It reported that this stock was at the time mainly in the hands of innocent purchasers. "A gigantic fraud" had therefore been perpetrated upon the stockholders. Not only had the company forfeited its charter but "every officer or stockholder" who had "participated in, or been cognizant of, said fraud," had "rendered his individual property liable to any party injured."
By the terms of the original contract the whole Improvement was to be completed July 1, 1858, and a quarter of the work to be done annually. Up to December 1, 1856, a period of nearly 21/2 years, the company had expended in actual construction $185,957.44, and in engineering and incidental expenses, $104,180.74. A quarter of the work was not done during the first year of the contract. The committee, after making all allowances, could "find no reason- able excuse for the extraordinary sluggishness compatible with an honest purpose of prosecuting the work to completion. There remained un- sold, June 9, 1856, of lands assigned to this Improvement only, 266,107.13 acres, which, at $1.25 would amount to $322,633.39.
Regarding the contract as void, for the reasons given, the committee were of opinion that the company were justly entitled only to "a fair compensation for the work done by them ; but, not entitled, unless the State so elects, to payment in land at $1.25 per acre, which was worth six or seven dollars per acre." The committee were not satisfied that the company could be reached by legal process.
The recently appointed Commissioner Manning had entered into a modified contract with the company, which was apparently advantageous to the State; but the committee saw no reliable guaranty in the new agreement of the com- pany.
The committee recommended the passage of a law authorizing the appoint- ment of an additional commissioner, who with the one then authorized by law,
1 Consisting of D. T. Brigham, chairman; W. F. Coolbaugh, Wm. G. Thompson, J. W. Jenkins, J. J. Matthews, D. Edmundson, B. F. Roberts, John H. Fry, Miles Jordan, David Doud, Jr., John E. Kurtz and James Galbraith.
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CITY OF DES MOINES AND POLK COUNTY
should be authorized to make, if practicable, an arrangement with the company upon such terms as would "insure the speedy and vigorous prosecution of the work," and, in case of failure, then to settle with the company for money ex- pended on the work.
The committee saw no good reason for further continuing the office of Register, and recommended its abolition, also that the office of Assistant Com- missioner be abolished.
By an act approved January 29, 1857,2 the State of Iowa became still fur- ther committed to a policy of river improvement which resulted in no end of embarrassment and large expense to the State. It was enacted that the Gov- ernor should appoint a commissioner who, with the commissioner already created, should be empowered to contract for a speedy and early prosecution of the "Desmoines river improvement," and to pay all just debts on account of such improvement. In case of a disagreement, the attorney general was to act as a third commissioner. It was declared lawful for the commissioners to sell lands belonging to the Des Moines river grant, or make them the basis of bonds issued. The commissioners were directed to advertise any and all such sales in "one newspaper published at Fort Desmoines at least thirty days before the sale," the sale to be at the county seat of the county in which the land was situated.
In a report dated January 1, 1858, Commissioner Manning informs the Gov- ernor that subsequent to the adjustment of December 24, 1856, namely, Jan- uary 29, 1857, the Legislature had passed an act requiring the commissioner and assistant commissioner to proceed to settle and adjust all matters relating to the affairs of the Des Moines Improvement Company, and that accordingly, in March, the two had met the agents of the company at Burlington and endeavored to make such adjustment. After two ineffectual attempts, on their part, the company had concluded to resort to the courts. A suit was therefore instituted against the commissioner in the district court of Des Moines county, asking a mandamus, requiring the conveyance of over 89,000 acres of land from the State to the company. To this application a demurrer was filed, raising the question as to the validity of the contracts between the State and the Company, "also assigning that the application for a mandamus did not show such a compliance with their contracts upon the part of the Company as entitled them to a spe- cific performance on the part of the State." The Supreme Court, of Iowa, held that the contracts of the 9th and 29th of June, 1854, were valid, and that the act of the General Assembly approved January 29, 1857, declaring the con- tracts invalid, was of no effect. The supplemental contracts of September 27 and December 25, 1855, were held to be void.3 The adjustment of December 29, '56 was sustained. The court dismissed the application for a mandamus, on the ground that there had not been such a compliance with their contracts as en- titled the company to a specific performance on the part of the State. R. P. Lowe, and C. C. Nourse conducted the cause for the State, defeating the claim for a mandamus, as well as for salaries, office expenses, etc.
The Commissioner and the company's agents met August 5, '57, and the company proposed a more vigorous prosecution of the work and agreed to com- plete all unfinished work. Consequently an agreement to that effect was signed by Mr. Manning for the State and O. Clark, Vice President, for the company.
The end was not yet! The work was commenced, but as a whole was not vigorously prosecuted. Certain orders given were countermanded, "thereby defeating the spirit and intention" of the agreement upon which the company were demanding 24,000 acres of land. But that was not all. The company failed to expend the sum of $1,300,000 for the lands, and consequently were
" Acts and Resolutions, 6th G. A., pp. 383-86.
3 Colonel Gatch in "The Des Moines River Land Grant," Annals of Iowa, v. I, p. 477, refers to this decision as rendered at the June term, 1857, but "not found in the printed reports.
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CITY OF DES MOINES AND POLK COUNTY
not entitled to the remaining lands more or less. The company now refused to acknowledge any liability for land beyond $1.25 an acre.
The commissioner attended a meeting in New York in September, '57, and he and an agent of the company visited Washington, but came to no agreement as to the case.
The company's latest alternative was that henceforth the State must admit the company's interpretations of the contract of June 9, '54, and for every $30,000 expended they should have land at $1.25 an acre, without regard to whether the lands would aggregate $1,300,000 as stipulated in the latest agree- ment. The difference between the State and the company involved at least $400,000, thus justifying the commissioner in holding the company to its agreement.
To justify himself in countermanding the company's requisition for 24,000 · acres, Mr. Manning charged: That the company had failed to prosecute the work as agreed, had not paid sub-contractors; had not performed additional work as agreed; had presented claims for repairs which he had rejected; had refused to vest the title to rights of way and water power in the State; had failed to pay old liabilities, had made excessive estimates on work done; had threatened suspension of work unless the company were released from the con- tract and new stipulations were made. The commissioner was satisfied the work would not progress as required under the contract of '54.
Even greater reasons remained-according to Manning-for recalling the order for the land: After 312 years the company claimed to have expended nearly a half-million, and yet not a single lock or dam had been completed, thus failing to comply with its agreement to complete a fourth every year. They had obstructed the river causing great loss to boatmen and shippers. The com- pany had practically suspended work, leaving much of it unfinished and in a dangerous condition; old liabilities were pressing, and the necessity of prompt action was urged.
The citizens of Fort Dodge, encouraged by a few steamboat trips extended from Des Moines to their city, saw millions in prospect and organized for com- mercial and legislative activities.
A law had been passed by the General Assembly declaring the river navigable only as far as Des Moines. Ft. Dodge demanded a repeal of the law, and pro- ceeded to take legislative steps to require a draw to be placed in each of the bridges at Ft. Des Moines, and that an appropriation from lands theretofore granted for that purpose be made to clean the river from such obstructions as exist between Ft. Dodge and Ft. Des Moines, etc. But the season of 1860 was a dry one, and notwithstanding a cash bonus, no steamer would venture so far up the river; "and Fort Desmoines turned her determined face hopefully to- wards the coming railroads."
The final report of Commissioner Manning in '59 noted that no work had been done on the improvement since January 1, 1858, except lock repairs.
Then came Judge Mason, commissioned by the State to procure, if possible. the remaining lands belonging to the grant of 1846, and turn them over in aid of the Keokuk, Ft. Des Moines & Minnesota Rail Road Company, for the con- struction of a railroad from Keokuk along the river by way of the City of Des Moines to the northern line of the State, excepting all lands previously sold by the State, or conveyed to the Des Moines Navigation & Rail Road Company- the grant to become operative as soon as Congress should permit the proposed diversion, the company to complete the improvements begun and to protect the State against the improvement company and other claimants if any.
Commissioner Drake, in 1860, reported the apparent purpose of the Govern- ment to refuse to permit the diversion of the remaining lands from its original purpose to that of a railroad, and urged prompt action to obtain a decisive judg- ment on that point.
CHAPTER VI.
THE GOVERNORS URGE ACTION.
The vexatious Des Moines River complications early confronted Governor Kirkwood. In 'his first biennial message, January 15, 1862, the Governor turns- from war's alarms to the report of the Register of the State Land Office, to find "very serious and embarassing questions" have arisen from conflicting interests, attributable to vacillation and differences of opinion in regard to the extent of the Desmoines River land grant. Three different opinions had been given. The clear-headed War Governor brushed aside the technicalities in which the conflicting interests were enmeshed, and declared that "the State having only conveyed what title it had to these lands may not be legally liable to make good any loss that may result to others from a failure of that title, but certainly is morally bound, at the least, to do what may be reasonably and fairly done to · protect the rights and interests of those threatened with such loss."
Speaking of the companies then in default that were asking the indulgence and clemency of the State, he says, "it seems to me the State may very properly before extending such indulgence and clemency, enquire and know what in- dulgence and clemency these companies will extend 'to the unfortunate holders of land."
He recommended that the terms for settlement and adjustment of the matter recommended by Governor Lowe be the basis of settlement and that power be given "to reconvey to the United States any excess of lands yet remaining unsold." 1
In his second biennial message, January 12, 1864, Governor Kirkwood notes that portions of lands above the city of Des Moines have been sold to individuals whose titles are contested by certain railroad companies. He repeats his sug- gestion of two years before. In his judgment, the joint resolution of Congress, March 3, 1861, and the act of Congress, July 12, 1862, concerning the lands in question had put it in the power of the State to do something toward an amicable and equitable adjustment of differences, and he recommended that an effort be made to that end. He further recommended that, if such effort should fail, the Attorney-General of Iowa be directed to bring suit or suits in the United States courts, that a final decision might be obtained from the Supreme court.2
1 Messages and Proclamations, v. 2, pp. 290-93.
2 Messages and Proclamations, v. 2, pp. 329-31.
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CHAPTER VII.
THE END AT LAST !
Meantime, bona fide settlers and speculators were united in pressing their claims for titles to lands which in good faith they had settled and improved. Governors Stone, Merrill, Carpenter and Larrabee in turn took up these claims and urged an equitable settlement.
In 1888, Governor Larrabee called attention to the veto by President Cleve- land of a bill for the relief of these settlers. In 1890 the Governor reported evictions and threats of bloodshed. Pending investigation by the government, Judge Shiras, of the Federal court, ordered a suspension of evictions. Finally, on July 8, 1888, the Government yielded to pressure and brought suit in the name of the United States against the Des Moines Navigation and Rail Road Company and others. U. S. Attorney-General Miller, Attorney-General Stone of Iowa and Hon. D. C. Chase of Webster City appeared for the government ; Benton J. Hall appeared for the company, and numerous grantees of the com- pany by Gatch, Connor & Weaver, of Des Moines. The decision1 was in favor of the defendants. On January 1I, 1892, the Supreme court confirmed the title of the Navigation Company and its grantees.
All parties accepted the decision as final. Congress appropriated $200,000- and later $150,000 additional-which moneys were dispensed by special commis- sioners Berner of Georgia and Stevens of Boone, Iowa, and with this distribu- tion the long-drawn-out controversy came to an end.
1 43 Federal Reporter, I.
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BOOK II. FORT DES MOINES.
FROM GARRISON TOWN TO CAPITAL CITY.
1843-1857.
INTRODUCTION.
THE MARKED INDIVIDUALITY OF LOCAL HISTORY IN IOWA.
There is in the first settlers of a community a starting point of character and habits. Unconventional in manner and crude in expression as many of our pioneers were, their potent spell is upon us; the strongest among us feel it, and the wisest, after a brush of experience, cease fighting it. Though these "rude forefathers of the hamlet" lived and died in scorn, or ignorance, of the Socratic method of reasoning "with all the modern improvements," and enjoyed a sublime confidence in those rational instincts which we call intuitions, though we may pronounce their vision short and its range narrow, yet the product of their aggregated individual experiences, as crystallized into tradition, is in many instances as irresistible as dialect, or climate.
Every community, every people, every age, must be measured by itself alone. The closest comparisons are, at most, but remote approximations. Speaking with literal truth, they are not comparisons at all. Like rival lines of railroad, their general direction and destination are the same though they may wind in and out and cross each other, one tunneling where another goes round or climbs.
The wise philosopher of history, or student of social science, will differentiate one community, or one group of communities from another. In fact, at every turn of original investigation into the condition of society as he finds it, and of states as they present themselves ready-made for his inspection, the histori- ographer, or the sociologist, is forced to establish, and all along the line main- tain, close and reliable connection with the local, the original, sources of history, just as an invading army must establish and maintain connection with its base of supplies.
As introductory to Book Second-with which this history commences in so far as it relates to actual community life-another interesting condition should be made clear to the Iowa reader who would know the relative value of our local and State history. This condition was well presented by the Hon. Irving G. Richman, the historian of Rhode Island and of California, in a recent address.1 Said Mr. Richman: "While Iowa as a political or social entity may not in its entirety be of any particular significance and hence for historical purposes be little else than a geographical expression, Iowa as a bundle of localities bears a significance by no means to be underrated. Indeed, the State enters more com- pletely into solidarity with the nation through her local than through her general history
Thus is the work before us with its infinitude of detail dignified by the con- ditions which invite it.
1 Before the State Library Association of Iowa, at Davenport, October 11, 1910.
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CHAPTER I.
THE FOUNDING OF FORT DES MOINES.
On the afternoon of May 20, 1843, Captain Allen, with fifty-two dragoons- four officers and forty-eight men-landed on the point between the two rivers, the Des Moines and the Raccoon, and went into camp on the banks near the edge of the woods. The next day they were joined by the Fort Crawford con- tingent, Captain Gardenier, of Company F, First United States Infantry, and forty-six infantrymen,-two officers and forty-four men. The camp was or- ganized by Captain Allen with First Lieutenant King, of the First Infantry, Adjutant of the post, and Second Lieutenant Ruff, of the First Dragoons, Post Quartermaster and Commissary. Captain Allen being commander of the post, the command of the dragoons devolved upon Lieutenant Grier. Captain Gar- denier continued in command of the infantry. Assistant Surgeon Griffin was appointed Post Surgeon. The entire corps of officers was organized into a Council of Administration, of which the commander was ex officio, the head.
The first piece of constructive work done was the building of a temporary wharf at the point at which the two streams converge. Along with this was the laying out of truck-gardens and of grounds for such buildings as would be needed most at the outset. The first building erected was a store-house, at a point about fifty yards from the north bank of the Raccoon. The next, was a hospital at the north end of the grounds laid out, about three hundred yards west of the Des Moines. The hospital was ready for occupancy late in June. De- ferring the erection of the officers' quarters until fall, the barracks for the men were next erected. These were substantial log structures, one story high, with puncheon floors, each capable of comfortably housing ten. They were built along a street line running northwest and southeast, the southeastern end of the street extending to the wharf. The horses were comfortably housed in stables a short distance west of the barracks, and, to the southwest of these, were three relatively large corrals. Still farther southwest, to the north of the first wide bend in the Raccoon river, were laid out gardens to supply the gar- rison with vegetables. The more commodious officers' quarters erected during the fall months were located near the Des Moines river, a few yards north from "the point," facing west, on a street running north and south, now known as Second Street.1
The Council of Administration early selected Robert A. Kinzie as post trader. Mr. Kinzie built, that year, a combined store and dwelling, or sutler's house, a
1 Turrill in his "Reminiscences" thus fancifully describes the scene of activities in the summer of 1843:
"While thus employed they encamped along the bank of the river, above what is now Court Avenue. Their labors were severe, and they had many privations to undergo, but a soldier's disposition grows very facile, and readily accommodates itself to every change of circumstances. Their gay songs, and loud laughter, at evening, mingled with the dashings of the river, and the beating of the morning drum, or the loud bugle-notes awakened to new responses the echoes of the surrounding hills, and gave the western breezes their first lessons in our national melodies. The balmy air was invigorating and healthful, the beauties of summer adorned the forests and prairies, the enchantments of nature inviolate from the despoiling hand of civilization, were profusely spread around them, all combining to render their situation pleasing and attractive, so far as natural charms could do so."
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CITY OF DES MOINES AND POLK COUNTY
few yards northwest of the hospital, at or near the present corner of Third street and Court avenue,-the site on which, in 1853, was built the Sherman block, long the trade center of the town of Fort Des Moines. As the needs of the garrison developed, other privileges were granted to civilians. Charles Weatherford was permitted to build a blacksmith shop, and John M. Thrift,2 an enlisted man, was induced to open a tailor shop near the post. Per- mits were given "Ben" Bryant, John Sturtevant and "Aleck" Turner to culti- vate garden patches near by, that they might minister to the wants of the troops. Other attaches of the garrison were James Drake, a builder, Dr. Thomas K. Brooks, afterwards prominent in the history of Polk county and the State of Iowa, and J. B. Scott, a contractor for food and supplies, who had secured a permit "to open and cultivate a farm in the Indian country," to be selected by him at any place not nearer than a mile from the post, he to enjoy the use of the land until the expiration of the treaty with the Indians, in 1846. Mr. Scott had selected a section near the east bank of the Des Moines, and on the north- west corner of the section, opposite the officers' quarters, erected a commodious dwelling. The Ewing brothers were given trading permits and a claim to a half- section north of the Scott farm. The Ewing structure antedated the Scott cabin, and was the first dwelling erected in East Des Moines. South of the Scotts, on the eastern edge of a thick growth of timber was the claim of the Phelps brothers, sub-agents of John Beach, the Indian agent who preceded the dragoons and prepared the way for them. Adjoining the Phelps farm, about four miles due east from the Fort was the home of the Indian agent.
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