History of Butler and Bremer counties, Iowa, Part 8

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 8
USA > Iowa > Bremer County > History of Butler and Bremer counties, Iowa > Part 8

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Hon Shepherd Leffler, the president of this convention, was instructed to transmit a certified copy of this constitution to the delegate in Congress, to be by him sub- mitted to that body at the earliest practi- cable day. It also provided that it should be submitted, together with any conditions or changes that might be made by Con- gress, to the People of the Territory, for their approval or rejection, at the township election in April, 1845.

The Constitution, as thus prepared, pro- vided the following boundaries for the State: Beginning in the middle of the channel of the Mississippi river, opposite the mouth of the Des Moines river; thence up the said river Des Moines, in the mid- dle of the main channel thereof, to a point where it is intersected by the old Indian boundary line, or line run by John C. Sul- livan in 1816; thence westwardly along said line to the "old" northwest corner of Missouri; thence due west to the middle of the main channel of the Missouri river; thence up the middle of the main channel of the river last mentioned, to the mouth of the Sioux or Calumet river; thence in a direct line to the middle of the main chan- nel of the St. Peters river, where the Wa- tonwan river - according to Nicollett's map-enters the same; thence down the middle of the main channel of the said river to the middle of the main channel of the Mississippi river; thence down the middle of the main channel of said river to the place of beginning.

These boundaries were considerably more extended than other Western States, and Congress therefore amended the Con- stitution, by act approved March 3, 1845, as follows: Beginning at the mouth of

HISTORY OF IOWA.

the Des Moines river, at the middle of the Mississippi; thence by the middle of the channel of that river to a parallel of lati- tude, passing through the mouth of the Mankato or Blue Earth river; thence west, along said parallel of latitude, to a point where it is intersected by a meridian line 17 ° 30' west of the meridian of Wash- ington City; thence due south, to the northern boundary line of the State of Missouri; thence eastwardly, following that boundary to the point at which the same intersects the Des Moines river; thence by the middle of the channel of that river to the place of beginning.

Had these boundaries been accepted, they would have placed the northern boundary of the State about 30 miles north of its present location, and would" have deprived it of the Missouri slope and the boundary of that river. The western boundary would have been near the west line of what is now Kossuth county. But it was not so to be. In consequence of this radical and unwelcome change in the boundaries, the people refused to accept the act of Congress, and rejected the Con- stitution, at the election held Aug. 4, 1845, . by a vote of 7,656 to 7,235.

May 4, 1846, a second Convention met at Iowa City, and on the 18th of the same month another - Constitution, prescribing the boundaries as they now are, was adopted. This was accepted by the people, August 3, by a vote of 9,492 to 9,036. The new Constitution was approved by Con- gress, and Iowa was admitted as a sov- ereign State in the American Union, Dec. 28, 1846.

The people of the State, anticipating favorable action by Congress, held an

election for State officers October 26, which resulted in Ansel Briggs being de- clared Governor; Elisha Cutler, Jr, Secre- tary of State; Joseph T. Fales, Auditor; Morgan Reno, Treasurer; and members of the Senate and House of Representatives.

The act of Congress which admitted Iowa gave her the 16th section of every township of land in the State, or its equivalent, for the support of schools; also, 72 sections of land for the purpose of a university; also, five sections of land for the completion of her public buildings; also, the salt springs within her limits, not exceeding 12 in number, with sections of Jand adjoining each; also, in consideration that her public lands should be exempt . from taxation by the State, she gave the State five per cent. of the net proceeds of the sale of public lands within the State. Thus provided for as a bride with her marriage portion, Iowa commenced house- keeping on her own account.

A majority of the Constitutional Con- vention of 1846 were of the Democratic party; and the instrument contains some of the peculiar tenets of the party of that day. All banks of issue were prohibited within the State. The State was prohibited from becoming a stockholder in any cor- poration for pecuniary profit, and the Gen- eral Assembly could only provide for pri- vate corporations by general statutes. The constitution also limited the State's indebt- edness to $100,000. It required the Gen- eral Assembly to provide public schools throughout the State for at least three months in the year. Six months previous residence of any white male citizen of the United States constituted him an elector.

HISTORY OF IOWA.

The government was started on an economical basis. The members of the General Assembly received, each, two dol- lars per day for the first fifty days of the session, and one dollar per day thereafter. The sessions were to be biennial. The salaries of the State officers were limited the first ten years as follows: Governor, $1,000 per annum; Secretary of State, $500; Treasurer of State, $400; Auditor of State, $600; and Judges of the Supreme Court, $1,000 each. And it may be said here that | river.

these prices did not discourage the best talent of the State from seeking these positions, and that during these ten years none of these officers were ever known to receive bribes, or to steal one dollar of the public money. At the time of organiza- tion as a State, Iowa had a population of 116,651, as appears by the census of 1847. There were twenty-seven organized coun- ties in the State, and the settlements were being rapidly pushed toward the Missouri

CHAPTER VI. ·

GROWTH AND DEVELOPMENT OF THE STATE.

The first General Assembly was com- posed of nineteen Senators and forty Rep- resentatives. It assembled in Iowa City, November 30th, 1846, about one month be- fore Congress passed the act of admission. The most important business transacted was the passage of a bill authorizing a loan of $50,000 for means to run the State government and pay the expenses of the Constitutional Convention. The election of United States Senators was called up at this session, and was the occasion of much excitement and no little hard feeling. The Whigs had a majority of two in the House and the Democrats a majority of one in

the Senate. After repeated attempts to control these majorities for caucus nom- inees, and frequent sessions of a joint con- vention for purposes of an election, the attempt was abandoned. A public school law was passed at this session, for the or- ganization of public schools in the State. In pursuance of its provisions, an election f.r superintendent of public instruction was held the following spring, and James Harlan received a majority of the votes cast. After the election the Democratic Secretary of State discovered that the law contained no provision for its publication in the newspapers, and he claimed it had

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not gone into effect. He, therefore, and the Governor, refused Harlan a certificate of election. The Supreme Court sustained their action.

At this first session of the General As- sembly, the Treasurer of State reported that the capitol building was in a very exposed condition, liable to injury from storms, and expressed the hope that some provision would be made to complete it, at least sufficiently to protect it from the weather. The General Assembly re- sponded by appropriating $2,500 for the completion of the public buildings. At the first session, also, arose the question of the relocation of the capitol. The western boundary of the State, as now determined, left Iowa City too far toward the eastern and southern boundary of the State; this was conceded. Congress had appropri- ated five sections of land for the erection of public buildings, and toward the close of the session a bill was introduced pro- viding for the relocation of the seat of government, involving to some extent the location of the State University, which had already been discussed. This bill gave rise to much discussion, and parlia- mentary maneuvering almost purely sec- tional in its character. It provided for the appointment of commissioners, who - were authorized to make a location as near the geographical centre of the State as a healthy and eligible site could be ob- tained; to select the five sections of land donated by Congress, to survey and plat into town lots not exceeding one section of the land so selected; to sell lots at public sale, not to exceed two in each block. Having done this, they were then required to suspend further operations, and make a

report of their proceeding to the Governor. The bill passed both Houses by decisive votes, received the signature of the Gov- ernor, and became a law. Soon after, by "An act to locate and establish a State University," approved Feb. 25, 1847, the unfinished public buildings at Iowa City, together with the ten acres of lands on which they were situated, were granted for the use of the University, reserving their use, however, by the General Assembly and the State officers, until other provisions were made by law.

The Commissioners forthwith entered upon their duties, and selected four sec- tions and two half sections in Jasper county. Two of these sections are in what is now DesMoines township, and the others. in Fairview township, in the southern part of that county. These lands are situated between Prairie City and Monroe, on the Keokuk & DesMoines railroad, which runs diagonally through them. Here a town was platted called Monroe City, and a sale of lots took place. The number of 415 lots were sold, at prices that were not con- sidered remarkably remunerative. The cash payments (one-fourth) amounted to $1,797.43, while the expenses of the sale and the claims of the Commissioners for services amounted to $2,206.57. The Com- missioners made a report of their procecd- ings to the Governor, as required by law, but the location was generally condemned.

When the report of the Commissioners, showing this brilliant financial operation, had been read in the House of Represent- atives, at the next session, and while it was under consideration, an indignant member, afterward known as the eccentric Judge McFarland, moved to refer the report to a

HISTORY OF IOWA.

select committee of five, with instructions to report "how much of said city of Mon- roe was under water, and how much was burned." The report was referred, with- out the instructions, but Monroe City never became the seat of government. By an act approved January 15, 1849, the law by which the location had been made was re- pealed, and the new town was vacated, the money paid by purchasers of lots being refunded to them. This, of course, re- tained the seat of government at Iowa City, and precluded for the time the occu- pation of the building and grounds by the University.

At the same session $3,000 more were appropriated for completing the State building at Iowa City. In,1852, the fur- ther sum of $5,000, and in 1854 $4,000 more were appropriated for the same pur- pose, making the whole cost $123,000, paid partly by the general Government and partly by the State, but principally by the proceeds of the sale of lots in Iowa City.

After the adjournment of the first Gen- eral Assembly, the Governor appointed Joseph Williams, Chief Justice, and Geo. Green and John F. Kinney Judges, of the Supreme Court. They were afterward elected by the second General Assembly, and constituted the Supreme Court until 1855, with the exception that Kinney re- signed in January, 1854, and J. C. Hall, of Burlington, was appointed in his place. Hall was one of the earliest and ablest lawyers of the State, and his memory will long be cherished by the early members of the profession. Some changes having occurred by death and removal, the Gov- ernor was induced to call an extra session of the General Assembly in January, 1848,

with the hope of an election of United States Senators. The attempt, however, was again unsuccessful. At this session, Charles Mason, William G. Woodward and Stephen Hempstead were appointed Com- missioners to prepare a code of laws for the State. Their work was finished in 1850, and was adopted by the General As- sembly. This "code" contained, among other provisions, a code of civil practice, superseding the old common-law forms of actions and writs, and it was admissible for its simplicity and method. It remained in force until 1863, when it was superseded by the more complicated and metaphys- ical system of the revision of that year.

The first Representatives in Congress were S. Clinton Hastings, of Muscatine, and Shepherd Leffler, of DesMoines county.

The second General Assembly elected to the United States Senate, Augustus Cæsar Dodge and George W. Jones. The State government, after the first session, was under the control of Democratic ad- ministration till 1855. The electoral vote of the State was cast for Lewis Cass, in 1848, and for Franklin Pierce in 1852. The popular vote shows that the Free-Soil element of State during this period very nearly held the balance of power, and that up to 1854 it acted in the State elections to some extent with the Democratic party. In 1848 Lewis Cass received 12,093 votes, Zachary Taylor 11,043, and Martin Van Buren, the Free-Soil candidate, 1,226 votes, being 176 less than a majority for Cass.

In 1852, Pierce received 17,762 votes, Scott 15,855, and Hale (Free-Soil) 1,606, being for Pierce 301 votes more than a majority.

HISTORY OF IOWA.

The question of the permanent location of the seat of government was not settled, and in 1851 bills were introduced for its removal to Fort DesMoines. The latter appeared to have the support of the major+ ity, but was finally lost in the House on the question of ordering it to its third reading.

At the next session, in 1853, a bill was again introduced in the Senate for the re- moval of the seat of government to Fort DesMoines, and, on final vote, was just barely defeated. At the next session, how- ever, the effort was more successful, and January 15th, 1855, a bill relocating the Capital within two miles of the Raccoon Fork of the DesMoines, and for the ap- pointment of Commissioners, was approved by Gov. Grimes. The site was selected in 1856, in accordance with the provisions of this act; the land being donated to the State by citizens and property-holders of DesMoines. An association of citizens erected a building for a temporary capitol, and leased it to the State at a nominal rent.

The passage by Congress of the act · organizing the Territories of Kansas and Nebraska, and the provision it, contained abrogating that portion of the Missouri bill that proh bited slavery and involuntary servitude north of 36 ° 30' was the begin- ning of a political revolution in the North- ern States, and in none was it more marked than in the State of Iowa. Iowa was the "first free child born of the Missouri com- promise," and has always resented the de- struction of her foster parent.

In the summer of 1854 there was a tacit coalition or union of the Whig and Free- Soil elements of the State. Alarmed at

the aggressive spirit manifested by the ad- herents of the peculiar institution, the Free-Soilers, who almost held the balance of power in the State, readily adopted as their candidate the Whig nominee for Gov- ernor. Many of the old-line Whigs aban- doned their party because of this coalition, but many strong and able men among the Democrats co-operated with it. James W. Grimes was the nominee of the Whigs, and Curtis Bates, of Polk county, was the nominee of the Democratic party. Grimes was then in the vigor of his manhood, and all the energies of his being appeared to be aroused by what he denominated the aggressions of the slave power. He was thoroughly in earnest, and canvassed most of the organized counties of the State. The people flocked by the thousands to hear him, and were electrified by his elo- quence. No one of the opposition at- tempted to meet him in debate. The re- sult was his election by a majority of 1,404 in a vote of 21,794. A majority was also secured in the General Assembly on joint ballot of the two Houses in opposition to the Democratic party. The opposition party in 1854-'5 were known as anti-Ne- braska Whigs. A caucus of this opposing element nominated James Harlan as their candidate for United States Senator, Geo. G. Wright for Chief Justice, and Norman W. Isbell and Wm. G. Woodward for Judges of the Supreme Court.

A portion of the opposition, however, refused to go into this c ucus, or to abide by its decision as to the United States Sen- ator. They were the personal friends of Ebenezer Cook, of Scott county.

A joint convention was secured, and the Judges of the Supreme Court were elected.

HISTORY OF IOWA.

After frequent balloting and adjournments, it was at last understood that Cook's friends had yielded, and would support Mr. Harlan. When the hour arrived to which the joint convention had adjourned, messengers were sent to the Senate by the House, to inform that body that the House was ready to meet them in joint conven- tion. Before this message could be de- livered, the Senate had adjourned over until the next day. . The anti-Nebraska Senators, however, entered the hall of the House and took their seats in joint conven- tion. Much confusion prevailed, but finally a President pro tem of the conven- tion was chosen, and Mr. Harlan was elected. His seat was contested, and his election declared invalid by the United States Senate.

At the next session of the General As- sembly, held in 1857, Mr. Harlan was re- elected, and was permitted to take his seat.

The year 1856 marked a new era in the history of Iowa. In 1854 the Chicago & Rock Island railroad had been completed to the east bank of the Mississippi river, opposite Davenport. In the same year the corner-stone of a railroad bridge that was to be the first to span the "Father of Waters," was laid with appropriate cere- monies, at this point. St Louis had re- solved that the enterprise was unconstitu- tional, and by writs of injunction made an unsuccessful effort to prevent its comple- tion. Twenty years later in her history St. Louis repented her folly, and made atonement for her sin by imitating Iowa's example. January 1st, 1856, this railroad was completed to Iowa City. In the mean- time two other railroads had reached the east bank of the Mississippi-one opposite

Burlington and one opposite Dubuque -- and these were being extended into the interior of the State. Indeed, four other lines of railroads had been projected across "the State, from the Mississippi to the Mis- souri, having eastern connections.

May 15th, 1856, Congress passed an act granting to the State, to aid in the con- struction of railroads, the public lands in alternate sections, six miles on each side of the proposed lines. An extra session of the General Assembly was called in July of this year, that disposed of the grant to the several companies that pro- posed to complete these enterprises. The population of Iowa was now 500,000. Pub- lic attention had been called to the neces- sity of a railroad across the continent. The position of Iowa, in the very heart and center of the republic, on the route of this great highway of the continent, began to attract attention. Cities and towns sprang up through the State as if by magic. Capital began to pour into the State, and had it been employed in devel- oping the vast coal measures and establish- ing manufactories, or if it had been expended in improving the lands, and in building houses and barns, it would have been well. But all were in haste to get rich, and the spirit of speculation ruled the hour.

In the meantime, every effort was made to help the speedy completion of the tail- roads. Nearly every county and city on the Mississippi, and many in the interior, voted large corporate subscriptions to the stock of the railroad companies, and issued their negotiable bonds for the amount. Thus enormous county and city debts were incurred, the payment of which these mu-

HISTORY OF IOWA.

nicipalities tried to avoid, upon the plea that they had exceeded the constitutional limitation of their powers. The Supreme Court of the United States held these bonds to be valid, and the courts, by man- damus, compelled the city and county authorities to levy taxes to pay the judg- ments recovered upon them. These debts are not all paid, even to this day; but the worst is over, and the incubus is in the course of ultimate extinction. The most valuable lessons are those learned in the school of experience, and, accordingly, the corporations of Iowa have ever since been noted for economy.

In 1856 the Republican party of the State was duly organized, in full sympathy with that of the other free States, and at the ensuing presidential election the elec- toral vote of the State was cast for John C. Fremont. The popular vote was as follows : Fremont, 43,954; Buchanan, 36,- 170, and Fillmore, 9,180. This was 1,396 less than a majority for Fremont. The following year an election was held, after an exciting campaign, for State officers, resulting in a majority of 1,406 for Ralph P. Lowe, the Republican nominee. The Legislature was largely Republican in both branches.

In June, 1854, a Board of State Com- missioners contracted with the Des Moines Navigation Railroad Company, an organ- ization composed principally of New York capitalists; to undertake the work, agree- ing to convey to the company lands at - $1.25 an acre for all moneys advanced and expended. In the meantime difficul- ties arose in regard to the extent of the grant. The State claimed lands through- out the whole extent of the river to the

north line of the State. The Department of the Interior changed its rulings under the several administrations. The Com- missioner of the General Land Office cer- tified to the State about 320,000 acres of land below the Raccoon Fork of the river, and about 270,000 acres above it prior to . 1857, when he refused to certify any more. This led to a settlement and compromise with the Navigation Company in 1858, whereby the company took all the land certified to the State at tliat date, and paid the State $20,000 in addition to what they had already expended, cancelled their con- tract and abandoned the work.

The. General Assembly granted to the DesMoines Valley Railroad Company the remainder of the grant to the State line, to aid in building a railroad up and along the DesMoines Valley ; and Congress, in 1862, extended the grant, by express enactment, to the north line of the State. -

The most injurious result to the State, arising from the spirit of speculation pre- valent in 1856, was the purchase and entry of great bodies of Government land within the State by non-residents. This land was held for speculation, and placed beyond the reach of actual settlers for many years.

From no other one cause has Iowa suf- fered so much as from the short-sighted policy of the Federal Government in sell- ing lands within her borders. The money thus obtained by the Federal Government has been comparatively inconsiderable. The value of this magnificient public do- main to the United States was not in the few thousands of dollars she might exact from the hardy settlers, or that she might obtain from the speculator who hoped to

HISTORY OF IOWA.

profit by the settlers' labors in improving the country. Statesmen should have taken a broader and more comprehensive view of national economy, and a view more in harmony with the divine economy that had prepared these vast fertile plains of the West for the "homes of men and the seats of empire." It was here that new States were to be builded up that should be the future strength of the nation against for- eign invasion or home revolt. A single regiment of Iowa soldiers during the dark days of the Rebellion was worth more to the nation than all the money she ever ex- acted from the toil and sweat of Iowa's early settlers. Could the statesmen of forty years ago have looked forward to this day, when Iowa pays her $1,000,000 annu- ally into the treasury of the nation for the extinction of the national debt, they would have realized that the founding of new States was a greater enterprise than the retailing of public lands.

In January, 1857, another Constitutional Convention assembled at Iowa City, which framed the present State constitution. One of the most pressing demands for this con- vention grew out of the prohibition of banks under the old constitution. The practical result of this prohibition was to flood the State with every species of "wild-cat"' currency. Our circulating medium was made up in part of the free-bank paper of Illinois and Indiana. In addition to this, we had paper issued by Iowa brokers, who had obtained bank charters from the Ter- ritorial Legislature of Nebraska, and had their pretended headquarters at Omaha and Florence. Our currency was also well assorted with the bills from other States, generally such as had the best reputation

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History of Butler and Bremer counties, Iowa, Part 8

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