USA > Iowa > Clay County > History of Clay County, Iowa, from its earliest settlement to 1909 > Part 5
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PENAL INSTITUTIONS.
The governor by an act, approved January 25, 1839, was authorized to draw the sum of twenty thousand dollars, appropriated by an act of congress in 1838. for public buildings in the territory of Iowa and establish a state penal institu- tion. The act provided for a board of directors, consisting of three persons, to be elected by the legislature, who should superintend the building of a peniten- tiary to be located within a mile of the public square in the town of Fort Madi- son, Lee county, provided that the latter deeded a suitable tract of land for the purpose, also a spring or stream of water for the use of the penitentiary. The citizens of Fort Madison executed a deed of ten acres of land for the building. The work was soon entered upon, and the main building and warden's house were completed in the fall of 1841. It continued to meet with additions and im- provements until the arrangements were all completed according to the designs of the directors. The labor of the convicts is let out to contractors, who pay the state a stipulated sum for services rendered, the state furnishing shops and necessary supervision in preserving order.
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HISTORY OF CLAY COUNTY
PENITENTIARY AT ANAMOSA.
The first steps toward the erection of a penitentiary at Anamosa, Jones county, were taken in 1872, and by act of the general assembly, approved April 23, 1884, three commissioners were selected to construct and control the prison buildings. They met on the 4th of June following and chose a site donated by the citizens of Anamosa. Work on the building was commenced September 28, 1873. In 1873 a number of prisoners were transferred from the Fort Madison prison to Anamosa. The labor of tlie convicts at the penitentiary was employed in the erection and completion of the buildings. This institution has a well-ap- pointed and equipped department for female prisoners ; also a department for the care of the criminal insane.
ยท STATE HISTORICAL SOCIETY.
A state historical society in connection with the university was provided for by act of the general assembly January 25, 1857. At the commencement an appropriation of two hundred and fifty dollars was made, to be expended in col- lecting and preserving a library of books, pamphlets, papers, paintings and other materials illustrative of the history of Iowa. There was appropriated five hun- dred dollars per annum to maintain this society. Since its organization the so- ciety has published three different quarterly magazines. From 1863 to 1874 it published the Annals of Iowa, twelve volumes, now called the first series. From 1855 to 1902 it published the lowa Historical Record, eighteen volumes. From 1903 to 1907 the society has published the Iowa Journal of History and Politics, now in its fifth volume. Numerous special publications have been issued by the society, the most important of which are the Messages and Proclamations of the Governors of Iowa, in seven volumes. The Executive Journal of Iowa, 1838- 1843, and the Lucas Journal of the War of 1812.
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IOWA SOLDIERS' HOME.
The Iowa Soldiers' home was built and occupied in 1888 at Marshalltown. The first year it had one hundred and forty inmates. In 1907 there were seven hundred and ninety-four inmates, including one hundred and twelve women. The United States government pays to the state of Iowa the sum of one hundred dol- lars per year for each male inmate of the soldiers' home who served in any war in which the United States was engaged, which amount is used as part of the support fund of the institution. Persons who have property or means of sup- port, or who draw a pension sufficient therefor, will not be admitted to the home ; and if after admission an inmate of the home shall receive a pension or other means sufficient for his support, or shall recover his health so as to enable him to support himself, he will be discharged from the home. Regular appropriation by the state is fourteen dollars per month for each member and ten dollars per month for each employe not a member of the home.
OTHER STATE INSTITUTIONS.
There are at Clarinda and Cherokee, state hospitals for the insane and one at Knoxville for the inebriate.
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HISTORY OF CLAY COUNTY
It is strange but true that in the great state of Iowa, with more than sixty per cent. of her population engaged in agricultural pursuits and stock-raising, it was not until the year 1900 that a department of the state government was created in the interests of and for the promotion of agricultural, animal industry, horticulture, manufactures, etc. The Iowa department of agriculture was created by act of the twenty-eighth general assembly. In 1892 the Iowa geological sur- vey was established, and the law which provided therefor outlined its work to be that of making "a complete survey of the natural resources of the state in the natural and scientific aspects, including the determination of the characteristics of the various formations and the investigation of the different ores, coal, clay, building stones and other useful materials." It is intended to cooperate with the United States geological survey in the making of topographical maps of those parts of the state whose coal resources make such maps particularly desirable and useful. The State Agricultural society is one of the great promoters of the wel- fare of the people. The society holds an annual fair, which has occurred at Des Moines since 1878. At its meeting subjects are discussed of the highest interest and value, and these proceedings are published at the expense of the state.
THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE CONSTITUTION OF IOWA.
BY JOIIN C. PARISII.
In the year 1907 the state of Iowa closed the first half century of existence under the constitution of 1857. In April, 1906, the general assembly, looking forward to the suitable celebration of so important an anniversary, passed an act appropriating seven hundred and fifty dollars, to be used by the State Historical Society of Iowa in a commemoration of the fiftieth anniversary of the constitu- tion of 1857. It was eminently desirable that the celebration should occur at Iowa City, for it was the place, then the capital of the state, that the constitu- tional convention of 1857 was held. And it was particularly fitting that the exercises should be placed under the auspices of the State Historical Society of Iowa, for the same year, 1857, marks the birth of the society. While the conven- tion was drafting the fundamental law of the state in a room on the lower floor of the old stone capitol, the sixth general assembly in the legislative halls up- stairs in the same building passed an act providing for the organization of a state historical society. Thus the event of 1907 became a celebration of the fiftieth anniversary of the State Historical society as well as a commemoration of the semi-centennial of the constitution of 1857.
In due time plans were matured for a program covering four days, begin- ning on Tuesday, March 19, and closing on Friday, March 22, 1907. It con- sisted of addresses by men of prominent reputation in constitutional and his- torical lines, together with conferences on state historical subjects. On Tues- day evening Professor Andrew C. Mclaughlin, of Chicago university, delivered an address upon "A Written Constitution in Some of Its Historical Aspects." He dwelt in a scholarly way upon the growth of written constitutions, showing the lines along which their historical development has progressed.
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HISTORY OF CLAY COUNTY
The speaker of Wednesday was Professor Eugene Wambaugh, of the Har- vard Law school, one of the leading authorities in the country upon questions of constitutional law, and formerly a member of the faculty of the College of Law of the University of Iowa. Professor Wambaugh, taking for his subject "The Relation Between General History and the History of Law." outlined the his- tory of the long rivalry between the civil law of Rome and the common law in their struggle for supremacy, both in the old world and the new. In closing he referred to the constitution of Iowa as typical of the efforts of the American people to embody in fixed form the principles of right and justice.
Thursday morning was given over to a conference on the teaching of his- tory. Professor Isaac A. Loos, of the State University of Iowa, presided, and members of the faculties of a number of colleges and high schools of the state were present and participated in the program. In the afternoon the conference of historical societies convened, Dr. F. E. Horack, of the State Historical So- ciety of Iowa, presiding. Reports were read from the historical department at Des Moines and from nearly all of the local historical societies in the state. Methods and policies were discussed and much enthusiasm was aroused looking toward the better preservation of the valuable materials of local history.
The history of the Mississippi valley is replete with events of romantic in- terest. From the time of the early French voyagers and explorers, who paddled down the waters of the tributaries from the north, down to the days of the sturdy pioneers of Anglo-Saxon blood, who squatted upon the fertile soil and staked out their claims on the prairies, there attaches an interest that is scarcely equaled in the annals of America. On Thursday evening Dr. Reuben Gold Thwaites, superintendent of the State Historical Society of Wisconsin, delivered an ad- dress upon "The Romance of Mississippi Valley History." He traced the lines of exploration and immigration from the northeast and east and drew interesting pictures of the activities in the great river valleys, when land was young and the ways full of wonder to the pioneer adventurer.
Friday's program closed the session. On this day Governor Albert B. Cum- mins attended and participated in the celebration. At the university armory, be- fore a large gathering, he spoke briefly on the constitution of the United States, paying it high tribute and at the same time showing the need of amendment to fit the present day's needs. He then introduced Judge Emil McClain, of the supreme court of Iowa, who delivered the principal address of the day. Judge McClain took for his subject "The Constitutional Convention and the Issue Be- fore it." He told of that memorable gathering at the old stone capitol in Iowa City fifty years ago, when thirty-six men met in the supreme court room to draft the fundamental law for the commonwealth.
The members of the convention of 1857 were from various occupations. The representatives of the legal profession led in numbers, with fourteen members, among whom were many men of prominence: William Penn Clarke, Edward Johnstone and J. C. Hall were there. James F. Wilson, afterwards so prominent in national politics, was a member, then only twenty-eight years of age. J. C. Hall was the only delegate who had served in either of the preceding constitu- tional conventions of the state, having represented Henry county in the convention of 1844. There were twelve farmers in the convention of 1857-rugged types of
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HISTORY OF CLAY COUNTY
these men who settled upon the land and built into the early history of the state its elements of enduring strength. Among the remaining members were mer- chants, bankers and various other tradesmen. They were a representative group of men and they attacked the problems before them with characteristic pioneer vigor.
The convention of 1857 chose for its presiding officer Francis Springer, an able farmer and lawyer from Louisa county. Many were the discussions that stirred the convention. One of the first was over the proposition to move the convention bodily to Davenport or to Dubuque. The town of Iowa City, it seems, had not provided satisfactory accommodations for the delegates ; and for hours the members gave vent to their displeasures and argued the question of a removal. But inertia won and the convention finally decided to remain in Iowa City and settled down to the discussion of more serious matters.
The constitution of 1846 had prohibited banking corporations in the state. But there was strong agitation for a change in this respect, and so the convention of 1857 provided for both a state bank and a system of free banks. The matter of corporations was a prominent one before the convention. So also was the question of the status of the negro. The issues were taken up with fairness and argued upon their merits. The convention was republican in the proportion of twenty-one to fifteen. The delegates had been elected on a party basis. Yet they did not allow partisanship to control their actions as members of a constituent assembly. On the 19th of January they had come together, and for a month and a half remained in session. They adjourned on March 5th, and dispersed to their homes.
That the members of the convention did their work well is evidenced by the fact that in the fifty years that have followed only four times has the consti- tution of 1857 been amended. Nor did these amendments embody changes, the need of which the men of 1857 could have well foreseen. The first two changes in the fundamental law were due to the changed status of the negro as a result of the Civil war. In 1882 the prohibitory amendment was passed, but it was soon declared null by the supreme court of Iowa, because of technicalities in its submission to the people, and so did not become a part of the constitution. The amendments of 1884 were concerned largely with judicial matters, and those of 1904 provided for biennial elections and increased the number of members of the house of representatives.
With these changes the work of the convention of 1857 has come down to us. Fifty years have passed and twice has the convention been the subject of a celebration. In 1882. after a quarter of a century, the surviving members met in Des Moines. Francis Springer, then an old man, was present and presided at the meeting. Out of the original thirty-six members, only twenty responded to roll call. Eight other members were alive but unable to attend: the remainder had given way to the inevitable reaper. This was in 1882. In 1907 occurred the second celebration. This time it was not a reunion of members of the convention, for only one survivor appeared upon the scene. It was rather a com- memoration of the fiftieth birthday of the constitution of the state. Only one member of the convention (John H. Peters, of Manchester, Iowa, ) is reported to be living.
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HISTORY OF CLAY COUNTY
The celebration of the fiftieth anniversary of the adoption of our funda- mental law was marked by a unique feature. There were present and par- ticipating in the program three pioneers of the state, a survivor of each of the three constitutional conventions. These three conventions met in 1857, in 1846, and in 1844, respectively fifty, sixty-one and sixty-three years ago. On the opening day of the celebration, J. Scott Richman appeared upon the scene. Sixty-one years ago he had come to Iowa City as a delegate to the convention of 1846. Eighty-eight years old, with patriarchal beard and slow step, he came as the only living member of the convention that framed the constitution under which Iowa entered the Union. On Thursday there came from Marion, Samuel Durham, a tall pioneer of ninety years of age, the sole survivor of Iowa's first constitutional convention, that of 1844. His memory ran back to the days of Iowa's first governor, Robert Lucas, for he had reached Iowa from Indiana in the year 1840. On the last day of the program these two old constitution- makers of 1844 and 1846 were joined by a third, John H. Peters, who had come from Delaware county as a member of the last constitutional convention fifty years ago. They sat down together at the luncheon on Friday noon and responded to toasts, with words that took the hearers back to the days when Iowa was the last stopping place of the immigrant.
Thus the celebration was brought to an end. From every point of view it was a success. Probably never again will the state see the reunion of representatives of all three constitutional conventions.
Time must soon take away these lingering pioneers of two generations ago. But the state will not soon forget their services, for they have left their monument in the fundamental law of the commonwealth.
EXPLANATORY.
Something over fifty years have come and gone since the first white man appeared, to occupy and develop the rich agricultural lands of Clay county. These have been years of vast and remarkable changes; and those who came in 1856 can scarcely realize the wonderful growth of the population, the vastness of the development made since that period. From a broad, unbroken prairie, it is now covered with churches, schools, fine homes, productive farms, live towns and a happy, prosperous people. Since that memorable date, stirring events have occurred. The Indians have laid waste to property, and destroyed it : a war, bloody and destructive, has passed over this fair land. There have been years of desolation and destruction. Had some of the vigorous minds and ready pens of the early settlers been directed to keeping a chronological journal of the passing events, to write a history of Clay county would have been com- paratively an easy task. In the absence of any such data, we must rely upon such facts, figures and incidents as we may glean from those who have resided here either since its formation, or upon the meagre official records which only give but an imperfect account of the earlier times. Of those who came here in the pursuit of homes during the years of 1856 and 1857 but few are left to tell the story of their hardships, privations and dangers they encountered. The struggles, changes and vicissitudes that these fifty years evoke, are as trying to the minds as to the bodies of men. Physical and mental strength waste away beneath
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HISTORY OF CLAY COUNTY
the weight of accumulating years, and the memory of dates, names, and impor- tant events are forgotten in the lapse of time. The footprints of time leave their impressions and destroying agencies upon everything, and consequently it would be unreasonable to suppose that the annals, incidents and events of more than fifty years could be preserved intact and unbroken. In a history like this errors will naturally occur, however careful the writers may have been. It has been their aim and object to make as few as it was possible. To the many who aided and assisted in gathering these facts, figures, incidents and biographies the writers extend their warmest thanks.
CLAY COUNTY.
The county of Clay is twenty-four miles square, containing an area of 368,640 acres. It is located in the northwestern part of the state, being in the second tier of counties from the north, and the third from the west boundary of the state. Its soil is a rich dark-colored loam, extending in depth from two to eight feet. Underlying this rich soil is a clay subsoil, which renders it capable of withstanding either drouth or excessive rainfalls. The Little Sioux river and its many tributaries furnish abundant water and excellent drainage. In addi- tion to the Little Sioux there are the Ocheydan, Willow, Prairie, Muddy and Henry creeks. In the eastern part of the county are several lakes, known as Lost Island lake. Swan lake. Virgin lake, Pickerell lake and Mud lake. In these lakes are found an abundance of fish of all kinds. Around these lakes and along these streams are found some of the finest and most fertile lands which Clay is known to possess. The surface of the county is undulating, divested of the many sloughs so usually found in lands of this description. The consequences are that there is very little waste land in the county. The lower lands have proven a great source of profit to the farmers, as they produce an abundance of rich and nutritious grass, which, when cut and properly cared for, makes excellent substitute for tame hay. The farmers have taken advantage of this and yearly tons of this grass have been cut, stacked and pressed, and shipped to eastern markets, realizing for the farmers handsome margins for their labor .. There is a scarcity of timber, and with the exception of the extreme southwest part of the county and Gillett's Grove there is no timber, but this scarcity is supplied by a great many large and beautiful groves, which have been planted and cared for until they have grown to such a size that they not only furnish shade and adorn the farms, but furnish plenty of good firewood. The Little Sioux river is a beautiful stream, and with its serpentine windings measures a distance of nearly seventy-one miles in Clay county. This splendid stream and its broad rich valleys cannot but fill the mind of the beholder with admiration. Its waters are clear and silvery, its bed rocky and sandy, its current slow and steady ; its flow and volume constant. Heavy water powers at Spencer and Peterson afford excellent manufacturing facilities, and all along the stream dams might be constructed which would cause thousands of busy wheels to toil in the service of man.
A most excellent clay is found here, and several brick and tile kilns are in active operation and are turning out thousands of brick annually of a superior quality.
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HISTORY OF CLAY COUNTY
The county is fairly well supplied with railroads, as two of the largest and most important lines in Iowa pass through its borders. The Chicago, Milwaukee & St. Paul railway crosses the county four miles north of its center, and from Spencer a branch line extends north to Spirit Lake. The southwest part of the county is crossed by the great Chicago & Northwestern and furnishes an outlet for the southern part of the county. A roadbed was completed some time ago through the entire county from the southeast corner north to Spirit Lake; but for some reason the company purposing building the line has never completed it. It is probable that some time in the future work will again be commenced on it. The Gowrie & Northern road was constructed in 1900 and runs from Gowrie to Sibley, entering the county at the center and south line of Garfield township and running northwesterly crosses Herdland, Lincoln, Clay and Lone Tree townships. The Minneapolis & St. Louis runs south from Spencer and makes its exit through Herdland township.
ITS CLIMATE, SOIL AND GROWTH.
Clay county, one of the newest counties in the state, by its rapid development and growth, has in a few years taken its place in the ranks among the wealthy and populous counties in Iowa. The hundreds of farmers, with improved farms. commodious and substantial dwellings, countless herds of stock, broad fields of golden grain, are the potent and self-evident proofs of its rapid and wonderful development, and yet the work has just begun. Thousands of acres await the approach of the sturdy yeoman, when the quiet beauty of its existence shall fade before the destructive implements of toil, only to be replaced with a harvest of greater and more resplendent beauty and grandeur. A healthful climate is one of the chief elements to be considered in the settlement of a new country, and the fact that Clay county is situated near the most elevated point between the Mississippi river, and beween the Great Lakes and the Gulf, and far above the miasmatic influences that are prevalent in the lower lands, and the gentle undu- lating character of the country where circulates an atmosphere free from impuri- ties, renders this county and this section of the state exceedingly healthful. The soil is of a rich alluvial loam, admirably adapted to all branches of agricultural pursuits. The county is well watered, with numerous streams and lakelets, and the little Sioux river traverses the entire length, furnishing excellent water power for manufacturing enterprises. This county is especially adapted to grazing and dairying pursuits, and the excellence of the dairy products of Northwestern Iowa are becoming known in the leading markets of the country, and the rapidly increasing demand assures a rich return to those who are engaged in the business. In all the vast expanse of Northwestern Iowa there is no fairer portion than Clay county, or that is endowed with greater elements of growth and prosperity. A good soil, a healthful climate, good water and abundance of it, good railroads and markets, make the advantages in the pursuit of farming and stock growing equal to the more developed portions of the state, while land can be purchased here at a price from three-fifths to one-half of its value.
ITS ORGANIZATION.
By an act of the legislature in 1851 Clay county was created, and her boundary lines were defined. At the same time there were several
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HISTORY OF CLAY COUNTY
other counties created, and their boundary lines were defined. This being shortly after the termination of the Mexican war, the legislature determined that three of the counties should be named in honor of three of the distinguished officers who fell in that war. The names selected were Clay, Hardin and Yell. The last named was afterwards changed to Webster. Whether the real object was to name the county Clay, after the gallant officer who fell while leading his men on the field of battle, or in honor of his more distinguished father, who had so many warm Iowa followers, is not apparent, but at any rate this fair county was thus christened. In 1853 the legislature attached Clay to Waukan-now Woodbury-for revenue, election and judicial purposes. At this time it was simply a county in name only : its beautiful prairies had not at this time attracted the attention of those seeking homes in the western territory. It was not until the fall of 1858 that the little settlement in Clay county mustered up courage sufficient to apply for a separate organization, "that it might take its position among the older counties of the sovereign state of Iowa." At this time the county seat of Woodbury county was located at Sergeant's Bluff, and as all business in Clay had to be transacted at that place, and as the distance was quite great and very inconvenient to reach, it was decided to apply for a separate and distinct county government. Charles C. Smeltzer, who at that time and subse- quently was quite active in local and county affairs, drew up a petition and circu- lated it among the settlers, who generally signed it. This petition was presented to the county court of Woodbury county, and after due consideration the prayer of the petitioners was granted, and an election of officers was ordered to be held October 12th, 1858. This first election, which was the beginning of the new life of Clay county, was held at the house of Ambrose Mead, on section 34. in Peter- son township. The returns show that there were eighteen votes cast, and the following county officers were elected: County Judge. C. C. Smeltzer : treasurer and recorder, S. W. Foreman; sheriff, Henry Brockschink; superintendent of schools, Ambrose S. Mead : clerk of court. Ezra M. Wilcox ; surveyor. S. W. Foreman ; drainage commissioner. John Kindelspyer ; coroner, Christian Kirchner. Thus the county was completely organized, and its independent life fully inau- gurated. Charles C. Smeltzer. the newly-elected county judge. appears to have been greatly elated over the result of the election and the organization, as the following entry in the first record of the county will indicate :
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