History of Cass County, Iowa; together with sketches of its towns, villages, and townships; educational, civil, military, and political history; portraits of prominent persons, and biographies of old settlers and representative citizens. History of Iowa, embracing accounts of the pre-historic races, and a brief review of its civil, political, and military history, Part 7

Author: Continental Historical Company, Springfield, Ill
Publication date: 1884
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 918

USA > Iowa > Cass County > History of Cass County, Iowa; together with sketches of its towns, villages, and townships; educational, civil, military, and political history; portraits of prominent persons, and biographies of old settlers and representative citizens. History of Iowa, embracing accounts of the pre-historic races, and a brief review of its civil, political, and military history > Part 7

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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 Moines 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

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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 suf- 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.

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 land 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 Democratio 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 publie 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

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 river.

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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 for 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

HISTORY OF IOWA.

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 forth with 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 proceed- 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 Des Moines 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 Des Moines. 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 caucus, 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. IIarlan 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.

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Author: Continental Historical Company, Springfield, Ill Publication date: 1884 Publisher: Springfield, Ill. : Continental Historical Co. Number of Pages: 918

Author: Continental Historical Company, Springfield, Ill
Publication date: 1884
Publisher: Springfield, Ill. : Continental Historical Co.
Number of Pages: 918