History of Butler and Bremer counties, Iowa, Part 7

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316

USA > Iowa > Butler County > History of Butler and Bremer counties, Iowa > Part 7
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > Part 7

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Immediately after the treaty with the Sacs and Foxes, in September, 1832, Col. George Davenport made the first claim on the site of the present thriving city of Davenport. As early as 1827, Col. Daven- port had established a flat-boat ferry, which ran between the island and the main shore of Iowa, by which he carried on a trade with the Indians west of the Mississippi.

In 1833 Capt. Benjamin W. Clark moved from Illinois, and laid the foundation of

the town of. Buffalo, in Scott county, which was the first actual settlement within the limits of that county.

The first settlers of Davenport were. Antoine LeClaire, Col. George Davenport, Major Thomas Smith, Major Wm. Gordon, Philip Hambough, Alex. W. McGregor, Levi S. Colton, Captain James May, and others.

A settlement was made in Clayton county in the spring of 1832, on Turkey river, by Robert Hatfield and Wm. W. Wayman. No further settlement was made in this part of the State until 1836.

The first settlers of Muscatine county were Benjamin Nye, John Vanater and G. W. Kasey, all of whom came in 1834. E. E. Fay, Wm. St. John, N. Fullington, H. Reece, Jona Pettibone, R. P. Lowe, Stephen Whicher, Abijah Whitney, J. E. Fletcher, W. D. Abernethy and Alexis Smith were also early settlers of Muscatine.

As early as 1824 a French trader named Hart had established a trading post, and built a cabin on the bluffs above the large spring now known as "Mynster Spring," within the limits of the present city of Council Bluffs, and had probably been there some time, as the post was known to the employes of the American Fur Com- pany as "La Cote de Hart," or "Hart's Bluff."

In 1827 an agent of the American Fur Company, Francis Guitar, with others, en- camped in the timber at the foot of the bluffs, about on the present location of Broadway, and afterward settled there. In 1839 a block house was built on the bluff in the east part of the city. The Pottawatomie Indians occupied this part of the State until 1846 7, when they re-

HISTORY OF IOWA.

linquished the territory and removed to Kansas. Billy Caldwell was then princi- pal chief. There were no white settlers in that part of the State except Indian traders, until the arrival of the Mormons under the lead of Brigham Young. These people, on their way westward, halted for the win- ter of 1846-7 on the west bank of the Mis- souri river, about five miles above Omaha, at a place now called Florence. Some of them had reached the castern bank of the river the spring before, in season to plant a crop. In the spring of 1847 Young and a portion of the colony pursued their jour- ney to Salt Lake, but a large portion of · them returned to the Iowa side and settled mainly within the present limits of Potta- watomie county. The principal settlement of this strange community was at a place first called "Miller's Hollow," on Indian creek, and afterward named Kanesville, in honor of Col. Kane, of Pennsylvania, who visited them soon afterward. The Mor- mon settlement extended over the county and into neighboring counties, wherever timber and water furnished desirable loca- tions. Orson Hyde, priest, lawyer and editor, was installed as President of the Quorum of Twelve, and all that part of the State remained under Mormon control for several years. In 1847 they raised a bat- talion, numbering 500 men, for the Mexi- can war. In 1848 Hyde started a paper, called the Frontier Guardian, at Kanes- ville.

In 1849, after many of the faithful had left to join Brigham Young, at Salt Lake, the Mormons in this section of Iowa num- bered 6,552, and, in 1850, 7,828, but they were not all within the limits of Pottawat- omie county. This county was organized in 1848, all the first officials being Mor- mons. In 1852 the order was promulgated that all the true believers should gather together at Salt Lake. Genti'es flocked in, and in a few years nearly all the first settlers were gone. .

May 9, 1843, Capt. James Allen, with a small detachment of troops, on board the steamer "Ione," arrived at the present site of the capital of the State, DesMoines. This was the first steamer to ascend the DesMoines river to this point. The troops and stores were landed at what is now the foot of Court Avenue, Des Moines, and Capt. Allen returned in the steamer to Fort Sanford, to arrange for bringing up more soldiers and supplies. In due time they, too, arrived, and a fort was built near the mouth of Raccoon Fork, at its confluence with the DesMoines, and named Fort DesMoines. Soon after the arrival of the troops, a trading post was established on the east side of the river, by two noted Indian traders, named Ewing, from Ohio. Among the first settlers in this part of Iowa were Benjamin Bryant, J. B. Scott, James Drake (gunsmith), John Sturtevant, Robert Kinzie, Alexander Turner, Peter Newcomer, and others.

HISTORY OF IOWA.

CHAPTER V.

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TERRITORIAL AND STATE ORGANIZATIONS.

The immigration to Iowa after the Black Hawk purchase was so rapid and steady that some provision for civil government became necessary. . Accordingly, in 1834, all the territory comprising the present States of Iowa, Wisconsin and Minnesota was made subject to the jurisdiction of Michigan Territory. Up to this time there had been no county or other organization in what is now the State of Iowa, although one or two justices of the peace had been appointed, and a postoffice was established at Dubuque in 1833. In September of 1834, therefore, the Territorial Legislature of Michigan created two counties on the west side of the Mississippi river-Du- buque and DesMoines-separated by a line drawn westward from the foot of Rock Island. These counties were partially or- ganized. John King was appointed Chief Justice of Dubuque county, and Isaac Lef- fler (of Burlington) of DesMoines county. Two associate justices, in each county, were appointed by the Governor.

In October, 1835, Gen. George W. Jones, now a citizen of Dubuque, was elected a delegate to Congress. April 20, 1836, through the efforts of Gen. Jones, Con- gress passed a bill creating the Territory of Wisconsin, which went into operation July 4, of the same year. Iowa was then included in the Territory of Wisconsin, of which Gen. Henry Dodge was appointed

Governor; John S. Horner, Secretary; Charles Dunn, Chief Justice; David Irwin and William C. Frazer, Associate Justices.

Sept. 9, 1836, Governor Dodge ordered a census of the new Territory to be taken. This census showed a population of 10,531, of which DesMoines county contained 6,257, and Dubuque 4,274. Under the apportionment, the two above named counties were entitled to six members of the Council and thirteen of the House of Representatives. The Governor issued his proclamation for an election to be held on the first Monday of October, 1836, on which day the following members of the first Territorial Legislature of Wisconsin were elected from the two counties in the Black Hawk purchase :

DUBUQUE-Council : John Fally, Thos. McKnight, Thos. McCraney. House: Lor- ing Wheeler, Haldin Whelan, Peter Hill Engle, Patrick Quigly, Hosea F. Camp.

DES MOINES-Council: Jeremiah Smith, Jr., Joseph B. Teas, Arthur B. Ingram. House: Isaac Leffler, Thos. Blair, Warren L. Jenkins, John Box, George W. Teas, Eli Reynolds, David R Chance.

The Legislature assembled at Belmont, in the present State of Wisconsin, October 25th, 1836, and organized by electing Henry Baird President of the Council, and Peter Hill Engle (of Dubuque) Speaker of the House.

HISTORY OF IOWA.

At this session the county of DesMoines was divided into DesMoines, Lee, Van Bu- ren, Henry, Muscatine and Cook. This last is now called Scott county. The first Legislature adjourned December 9th, 1836.

The second Legislature assembled at Burlington, November 9, 1837. It divided Dubuque into the counties of Dubuque, Clayton, Fayette, Delaware, Buchanan, Jackson, Jones, Linn, Benton, Clinton and Cedar, and adjourned January 20th, 1838.

A third session was held at Burlington, commencing June 1st, and ending June 12th, 1838. Most of the new counties were not organized nntil several years afterward

. The question of the organization of the Territory of Iowa now began to be agi- tated, and the desires of the people found expression in a convention held Nov. 1st, which memoralized Congress to organize a Territory west of the Mississippi, and to settle the boundary line between Wiscon- sin Territory and Missouri. The Territorial Legislature of Wisconsin, then in session at Burlington, joined in the petition Gen. George W. Jones, of Dubuque, then re- siding at Linsinawa Mound, in what is now Wisconsin, was delegate to Congress from Wisconsin Territory, and labored so earn- estly that the act was passed dividing the Territory of Wisconsin, and providing for the territorial government of Iowa. This was approved June 12, 1838, to take effect and be in force on and after July 3, 1838.

The new Territory embraced "all that part of the present Territory of Wisconsin west of the Mississippi river, and west of a line drawn due north from the head- waters or sources of the Mississippi to the Territorial line." The organic act pro-

vided for a Governor, whose term of office should be three years; and for a Secretary, Chief Justice, two Associate Justices, and Attorney and Marshal, who should serve four years, to be appointed by the Presi- dent, by and with the advice and consent of the Senate.

The act also provided for the election, by the white male inhabitants, citizens of the United States, over 21 years of age, of a House of Representatives, consisting of 26 inembers, and a council, to consist of 13 members. It also appropriated $5,000 for a public library, and $20,000 for the erec- tion of public buildings.

In accordance with this act, President Van Buren appointed ex-Governor Robert Lucas, of Ohio, to be the first Governer of the new Territory. Wm. B. Conway, of Pittsburg, was appointed Secretary of the Territory; Charles Mason, of Burlington, Chief Justice, and Thomas S. Wilson, of Dubuque, and Joseph Williams, of Penn- sylvania, Associate Judges of the Supreme and District Courts; Mr. Van Allen, of New York, Attorney; Francis Gehon, of Dubuque, Marshal; Augustus C. Dodge, Register of the Land Office at Burlington, and Thos McKnight, Receiver of the Land Office at Dubuque. Mr. Van Allen, the District Attorney, died at Rockingham soon after his appointment, and Col. Chas Weston was appointed to fill his vacancy .. Mr. Conway, the Secretary, also died at Burlington during the second session of the Legislature, and James Clarke, editor of the Gazette, was appointed to succeed him.

Governor Lucas, immediately after his arrival, issued a proclamation for the elec- tion of members of the first Territorial Legislature, to be held on the 10th of Sep-

HISTORY OF IOWA.

tember, dividing the Territory into election districts for that purpose, and appointing the 12th of November for the meeting of the Legislature to be elected at Burlington. The members were elected in accordance with this proclamation, and assembled at the appointed time and place. The fol- lowing are their names :

Council-Jesse B. Brown, J. Keith, E. A. M. Swazey, Arthur Ingram, Robert Ralston, George Hepner, Jesse J. Payne, D. B. Hughes, James M. Clark, Charles Whittlesey, Jonathan W. Parker, Warner Lewis, Stephen Hempstead ..

House-Wm. Patterson, Hawkins Tay- lor, Calvin J. Price, James Brierly, James Hall, Gideon S. Bailey, Samuel Parker, James W. Grimes, George Temple, Van B. Delashmutt, Thomas Blair, George H. Beeler, Wm. G. Coop, Wm. H. Wallace, Asbury B. Porter, John Frierson, Wm. L. Toole, Levi Thornton, S. C. Hastings, Robert G. Roberts, Laurel Summers, Ja- bez A. Burchard, Jr., Chauncey Swan, An- drew Bankson, Thomas Cox and Hardin Nowlin.

Although a large majority of both branches of the Legislature were Demo- ocrats, Gen. Jesse B. Brown (Whig), of Lee county, was elected President of the Council, and Hon. Wm. H. Wallace (Whig), of Henry county, Speaker of the House of Representatives-the former unanimously and the latter with but little opposition. At that time national politics were little heeded by the people of the new Territory, but in 1840, during the Presidential cam- paign, party lines were strongly drawn.

At the same time with this Legislature, a Congressional delegate was also elected.

Out of four candidates, William W. Chap- man was elected.

The first session of the Iowa Territorial Legislature was a stormy and exciting one. By the organic law the Governor was clothed with almost unlimited veto power. Governor Lucus seemed disposed to make free use of it, and the independent Hawk- eyes could not quietly submit to arbitrary and absolute rule, and the result was an unpleasant controversy between the execu- tive and legislative departments; Congress, however, by act approved March 3d, 1839, amended the organic law by restricting the veto power of the Governor to the two- thirds rule, and took from him the power to appoint sheriffs and magistrates. Among the first important matters demanding at- tention was the location of the seat of government, and provision for the erection of public buildings, for which Congress had appropriated $20,000. Gov. Lucas, in his message, had recommended the ap- pointment of commissioners with a view to selecting a central location. The extent of the future State of Iowa was not known or thought of. Only a strip of land fifty miles wide, bordering on the Mississippi river, was the Indian title extinguished, and a central location meant some central point in the Black Hawk Purchase.

· The friends of a central location sup- ported the Governor's suggestion. The Southern members were divided between Burlington and Mount Pleasant, but finally united on the latter as the proper location for the seat of government. The central and southern parties were very nearly equal, and, in consequence, much excitement pre- vailed. The central party at last tri- umphed, and, on January 21st, 1839, an act

HISTORY OF IOWA.

was passed appointing Chauncey Swan, of Dubuque county, John Ronalds, of Louisa county, and Robert Ralston, of Des Moines county, Commissioners to select a site for a permanent seat of government within the limits of Johnson county.

The first settlement within the limits of Johnson county was made in 1837. The county was created by act of the Territorial Legislature of Wisconsin, approved Dec. 21, 1837, and organized by act pa:sed at the special session at Burlington, in June, 1838, the organization to date from July 4, following. Napoleon, on the Iowa river, a few miles below the future Iowa City, was designated as the temporary county seat.

All things considered, the location of the capital in Johnson county was a wise act. The Territory was bounded on the north by the British possessions; east, by the Mississippi river to its source; thence by a line drawn due north to the northern boundary of the United States; south, by the State of Missouri, and west by the Missouri and White Earth rivers. But this immense territory was in undisputed possession of the Indians, except a strip on the Mississippi, known as the Black Hawk Purchase. Johnson county was, from' north to south, in the geographical center of this purchase, and as near the east and west geographical center of the future State of Iowa as could then be made, as the boundary line between the lands of the United States and the Indians estab- lished by the treaty of Oct: 21, 1837, was immediately west of the county limits.

After selecting the site, the Commission- ers were directed to lay out 640 acres into a town, to be called Iowa City, and to pro-

ceed to sell lots and erect public buildings thereon, Congress having granted a section of land to be selected by the Territory for this purpose. The Commissioners met at Napoleon, Johnson county, May 1, 1839, selected for a site section 10, in township 79 north, of range 6 west of the fifth prin- cipal meridian, and immediately surveyed it and laid off the town. The first sale of lots took place Aug. 16, 1839. The site selected for the public buildings was a little west of the center of the section, where a square of 10 acres, on the elevated grounds overlooking the river, was reserved for the purpose. The capitol is located in the center of this square. The second Ter- ritorial Legislature, which assembled in November, 1839, passed an act requiring the Commissioners to adopt such plan for the building that the aggregate cost, when complete, should not exceed $51,'00, and if they had already adopted a plan involv- ing a greater expenditure, they were direct- ed to abandon it. Plans for the building were designed and drawn by. Mr. John F. Rague, of Springfield, Ills .; and July 4, 1840, the corner-stone of the edifice was laid with appropriate ceremonies. Samuel C. Trowbridge was marshal of the day, and Governor Lucas delivered the address on that occasion.

On July 13, 1840, Governor Lucas an- nounced to the Legislature then as- sembled in special session, that on the ' 4th of that month he had visited Iowa City, and found the basement of the cap- itol nearly completed. A bill authorizing a loan of $20,000 for the building was passed January 15, 1841, the unsold lots of Iowa City being the security offered, but only $5,500 was obtained under the act.

HISTORY OF IOWA.

Monday, December 6, 1841, the fourth Legislative Assembly met at the new cap- ital, Iowa City, but the capitol building could not be used, and the Legislature oc- cupied a temporary frame house, that had been erected for that purpose during the . session of 1841-2. At this session, the Superintendent of Public Buildings (who, with the Territorial Agent, had superseded the Commissioners first appointed,) esti- mated the expense of completing the build- ing at $33,330, and of completing rooms for the use of the Legislature at $15,600.

During the following year the Superin- tendent commenced obtaining stone from a new quarry about ten miles northeast of the city. This is now known asthe "Old Cap- itol Quarry," and is thought to contain an immense quantity of excellent building stone. Here all the stone for completing the building was obtained, and it was so far completed that, on the 5th day of De- cember, 1842, the Legislature assembled in the new Capitol. At this session the Su- perintendent estimated that it would cost $39,143 to finish the building. This was nearly $6,000 higher than the estimate of the previous year, notwithstanding a large sum had been expended in the meantime. This rather discouraging discrepancy was accounted for by the fact that the officers in charge of the work were constantly short of funds. Except the Congressional appropriation of $20,000, and the loan of $5,500 obtained from the Miners' Bank of Dubuque, all the funds for the prosecution of the work were derived from the sale of the city lots (which did not sell very rap- idly), from certificates of indebtedness, and from scrip, based upon unsold lots, which was to be received in payment for

such lots when they were sold. At one time the Superintendent madea requisition for bills of iron and glass, which could not be obtained. nearer than St. Louis. To meet this, the agent sold some lots for a draft payable at Pittsburg, Pennsylvania, for which he was compelled to pay 25 per cent. exchange. This draft amounted to $507, which that officer reported to be more than one-half the cash actually handled by him during the entire season, when the dis- bursements amounted to very nearly $24,- 000. With such uncertainty, it could not be expected that the estimate could be very accurate. With all these disadvan- tages, however, the work appears to have been prudently prosecuted, and as rapidly as circumstances would permit.

In 1841, John Chambers succeded Robert Lucas as Territorial Governor. The office was held by him until 1845, when it was filled by James Clarke.

The first Legislative Assembly laid the broad foundation of civil equality, on which has been constructed one of the most iib- eral governments in the Union. Its first act was to recognize the equality of woman with man, before the law, by providing that " no action commeuced by a single woman, who marries during the pendency thereof, shall abate on account of such marriage." This principle has been adopted in all subsequent legislation in Iowa, and to-day woman has full and equal rights with man, excepting only the right of the ballot.

Religious toleration was also secured to all, personal liberty strictly guarded the rights and privileges of citizenship ex- tended to all white persons, and the purity of elections secured by heavy penalties

HISTORY OF IOWA.

against bribery and corruption. The judiciary power was vested in a Supreme Court, District Court, Probate Court and justices of the peace. Real estate was made divisible by will, and intestate pro- perty divided equitably among heirs. Murder was made punishable by death, and proportionate penalties fixed for lesser crimes. A system of free schools, open for every class of white citizens, was estab- lished. Provision was made for a system of roads and highways. Thus, under the Territorial organization, the country began to emerge from a savage wilderness, and take on the forms of civil government.

The Territorial Legislature held its eighth and last session at Iowa City, com- mencing December 1, 1845. James Clark was the same year appointed the successor of Governor Chambers, and was the third and last Territorial Governor. In 1843 the Territorial Legislature compiled and pub- lished a code of general statutes, making a volume of 800 pages, that continued in force until July, 1851.

THE MISSOURI WAR.

In defining the boundaries of the coun- ties bordering on Missouri, the Iowa authorities had fixed a line which has since been established as the boundary between Iowa and Missouri. The consti- tution of Missouri defined her northern boundary to be the parallel of latitude which passes through the rapids of Des Moines river. The lower rapids of the Mississippi immediately above the mouth of the Des Meines river had always been known as the Des Moines Rapids, or the " rapids of the Des Moines river." The Missourians (evidently not well versed in history or

geography), insisted on running the northern boundary line from the rapids in the Des Moines river, just below Keosau- qua, thus taking from Iowa a strip of ter- ritory eight or ten miles wide. Assuming this as her northern boundary line, Missouri attempted to exercise jurisdiction over the disputed territory by assessing taxes, and sending her sheriffs to collect them by distraining the personal property of the settlers. The Iowans, however, were not disposed to submit, and the Missouri offi- cials were arrested by the sheriffs of Davis and Van Buren counties and confined in jail. Governor Boggs, of Missouri, called out his milita to enforce the claim and sustain the officers of Missouri. Governor Lucas called out the militia of Iowa. About 1,200 men were enlisted, and 500 were actually armed and encamped in Van Buren county, ready to defend the integrity of the Territory. Subsequently, Gen. A. C. Dodge, of Burlington, General Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were sent to Missouri as envoys plenipotentiary, to effect, if possi- ble, a peaceable adjustment of the diffi- culty. Upon their arrival, they found that the county commissioners of Clark county, Missouri, had rescinded their order for the collection of taxes, and that Governor Boggs had dispatched messengers to the Governor of Iowa proposing to submit an agreed case to the Supreme Court of the United States for the settlement of the boundary question. This proposition was declined; but afterward, upon petition of Iowa and Missouri, Congress authorized a suit to settle the controversy. The suit was duly instituted, and resulted in the decision that Iowa had only asserted "the

HISTORY OF IOWA.

truth of history,". and that she knew where the rapids of Des Moines river were located. Thus ended the Missouri war. "There was much good sense," says Hon. C. C. Nourse, "in the basis upon which peace was secured, to-wit: 'If Missourians did not know where the rapids of the river Des Moines were located, that was no śuf- ficient reason for killing them off with powder and lead; and if we did know a little more of history and geography than they did, we ought not to be shot for our learning. We commend our mutual for- bearance to older and greater people.'" Under an order from the Supreme Court of the United States, William G. Miner, of Missouri, and Henry B. Hendershott, of Iowa, acted as commissioners, and surveyed and established the boundary. The ex- penses of the war on the part of Iowa were never paid, either by the United States or the Territorial Government. The patriots who furnished supplies to the troops had to bear the cost and charges of the struggle

The population being sufficient to justify the formation of a State government, the Territorial Legislature of Iowa passed an act, which was approved February 12th, 1844, submitting to the people the ques- tion of the formation of a State constitu- tion and providing for the election of delegates to a convention to be convened for that purpose. The people .voted upon this at their township elections in the fol- lowing April. The measure was carried by a large majority, and the delegates elected assembled in convention at Iowa City October 7th, 1844. On the first day of November following, the convention completed its work, and adopted the first State constitution.

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History of Butler and Bremer counties, Iowa, Part 7

Author: Union publishing company, Springfield, Ill Publication date: 1883 Publisher: Springfield, Ill., Union publishing company Number of Pages: 1316

Author: Union publishing company, Springfield, Ill
Publication date: 1883
Publisher: Springfield, Ill., Union publishing company
Number of Pages: 1316