USA > Iowa > Clayton County > History of Clayton County, Iowa : from the earliest historical times down to the present : including a genealogical and biographical record of many representative families, prepared from data obtained from original sources of information, Volume I > Part 3
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Freed from the British yoke, the American colonists soon showed their adventurous disposition by efforts to control the fur trade of the west. They were hardy woodsmen and adapted themselves to the life of the wilderness., They were able to ingratiate themselves with the Indians and soon became a real menace to Spanish power in America. Above all things, the Americans demanded the free navigation of the Mississippi. So active were the colonists that, in 1794, Baron de Carondelet reported "a general revolution threatens Spain in America unless it apply a powerful and speedy remedy." To counteract British and American influences, Spain sought to strengthen its power by granting concessions both to settlers and traders. It was in this way that Andrew Todd, a hardy Irishman, obtained, as a concession, a grant to carry on the exclusive trade of all the upper Mississippi, for this privilege paying a duty of six per cent. Todd died of yellow fever in 1796 and the English and Canadian traders were left in possession of the field.
THE GIARD GRANT
Carondelet was a governor of much ability and foresight, and had Spain been in position or had the inclination to back him in his efforts to develop the Mississippi Valley, the subsequent history of Louisiana might have been very different.
It was in pursuance of his plan of encouraging actual settlers that Don Carlos Dehault Delassus, Lieutenant Governor of Louisiana, made, in November, 1800, a grant of 6,8081/2 arpents, or about 5,860 acres, to Basil Giard, a French Canadian friend of Julien Dubuque. This is the celebrated "Giard grant" from which so many titles run in Clayton county. This grant was one of the two Spanish land grants in Iowa which were recognized by the United States, this being done in 1816. Giard erected cabins on the present site of the city of McGregor. The tract was six miles long, east and west, and a mile and a half wide. Giard lived on this tract, from 1796 to 1808, and had a portion of it under cultivation. He was also a trader and dealt profitably with the Sioux and Sacs and Foxes, who then had this territory as their hunt- ing grounds. Giard died about the time that his claim was recognized by the United States, leaving as heirs, two daughters, Lizette and
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Mary, and a grand daughter, Felicite who was the child of Angelie Suptiennee Giard. The heirs sold their interest in the entire tract to James H. Lockwood and Thomas P. Burnett, of Prairie du Chien and it is said that the consideration was three hundred dollars. The grant was patented by the United States Government, July 2, 1844. The title of Lockwood and Burnett was contested by James McGregor, Jr., and others and was under litigation for many years, and will be dealt with later in this history.
Another Spanish land grant was claimed by Julien Dubuque. This was based on a concession given by De Lassus to Francois Cayolle, dated August, 1799, and was for 7,056 arpents of land just north of the Giard tract, and described as follows: "between the mouth of the river Jaune (Yellow) and another river (Bloody Run) which empties into the Mississippi about one league lower down said Mis- sissippi, so as the said tract make a quantity equal to a league square, but to include both rivers." Witnesses appearing before the United States land commissioners testified that they had seen a large house and a garden upon this tract and that it had been occupied for eight or nine years. Dubuque's claim was not allowed, however.
FREEDOM OF THE MISSISSIPPI
The hand of Spain fell heavily upon the frontiersmen of the Mis- sissippi. It was an alien government with which they had no common ties nor common interests, and for which they had no patriotism. The Spanish rule was characterized for the most part, by cupidity and arbi- trary acts. The channel of the Mississippi was the only outlet to the outside world and, so long as Spain controlled the mouth of the river, the frontiersmen were at her mercy. Spain recognized that the Mis- sissippi Valley was essentially one and made every effort to detach that portion of the valley to the east of the river from its allegiance to the United States. The British aided in this, and there were several at- tempts to promote conspiracies against America. Coercive measures were also used to make the settlers feel that it would be to their benefit to unite their interests with Spain. This was done by levying duties upon all goods shipped up and down the Mississippi and these duties were imposed according to the whim of the individual Spanish official, who took all, or part of the goods as he saw fit. While the pioneers of the valley were hardy and self-sustaining, and while forest and stream provided the absolute necessities of life, all manufactured articles came by way of the Mississippi and the free navigation of that stream was absolutely essential to their welfare.
Despite this powerful weapon, Spain was unable to drive the pio- neers upon their loyalty to the United States. The question of the free navigation of the Mississippi was the subject of diplomatic nego- tiations for a number of years. In 1786, John Jay, patriot though he was, came very near yielding to Spain by offering to recognize Spanish control of the river for twenty years, providing Spain would concede the right after that time. This treaty was repudiated and, in 1788, Congress declared "that the free navigation of the Mississippi river is a clear and essential right of the United States and that it ought to be
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enforced." As a result of this declaration war seemed imminent and President Washington prepared for the conflict. Spain finally recog- nized the danger, but still delayed action. In 1795 the United States forced a treaty, by which the middle of the Mississippi was made the western boundary of the United States, from the thirty-first degree of latitude to its source, and navigation was made free to its mouth.
But now another monarch was raised up in France; mightier than Louis XIV, more aggressive, more rapacious, and far more capable, then his Bourbon predecessor. The great Napoleon rushed through Europe like a mighty hurricane of power, uprooting old dynasties, almost depopulating vast regions, and changing the map of the civilized world. It was one of the dreams of Napoleon to restore the French empire in America and he compelled Spain to cede, to France, all of the province of Louisiana. This treaty was made October 1, 1801.
In the same way, however, that Louis XIV was stricken down by the English hand of fate, so was Napoleon to feel the strength of Brit- ish arms. Just as the Bourbon king was forced to cede his American possessions in order to keep them from falling into the hands of the British, so the French emperor was forced to give Louisiana into the hands of the new American Nation to save it from English invaders.
LOUISIANA PURCHASE
The story of the Louisiana Purchase need not be retold here in full. It was first proposed by Napoleon; the offer, however, includ- ing only New Orleans and territory east of the Mississippi. Thomas Jefferson was quick to grasp the opportunity and appointed Robert R. Livingston and James Monroe as plenipotentiaries to conduct the negotiations. With one of those sudden flashes of genius, which enabled the great Napoleon to forsake one cherished object, in pursuit of another still more cherished, he suddenly turned the course of the negotiations and offered to the astonished Americans the entire French possessions in North America ; although for a sum largely in excess of that which they had been instructed to pay. Fifteen million dollars was the price-a huge sum in those days, although Clayton county, not the thousandth part of those possessions, could not be purchased for many times that price, to-day.
To the credit of the Americans let it be said that they realized the magnificent opportunities opened by this offer almost at once. They did not hesitate; no quibbles as to authority or constitutionality were allowed to interfere, but, with characteristic American energy, the great transaction was concluded, rushed through Congress, and the purchase made, before the French Emperor had time to change his mind.
While Napoleon parted with this vast region for a song, it was an act of wisdom on his part. The money filled his depleted treasury at a time of urgent need, and an overpowering English fleet had already been detailed for the capture of New Orleans, and the consequent wresting of Louisiana from the French, when the cession was made known. It was thus, on April 30, 1803, that this region became an integral part of the United States.
The territory secured by the Louisiana Purchase contained 1,171,-
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931 square miles, exceeding, in size, by_344,087 square miles all the former territory of the United States. Discovered by Spanish adven- turers in 1542, held, alternately, by Spanish and French for more than two hundred and fifty years, this region. was still largely unexplored and unexploited, the white population did not exceed fifty thousand, while the exports amounted to but two million, one hundred and fifty- eight thousand dollars and the imports to two millions and a half.
UNDER THE STARS AND STRIPES
The treaty by which Spain had ceded Louisiana to France, was a secret one and the fact of French ownership was utterly unknown to the people of New Orleans and the Mississippi Valley. It was neces- sary, therefore, that a double transfer be made. To complete the terms of the sale, Spain must transfer the government to France and France turn it over to America. M. Maussat was the French commissioner appointed to carry out this double change of government. He pre- sented his credentials to the Spanish authorities at New Orleans. The keys of the city were handed him, the Spanish flag was lowered and, for twenty days, the French flag again flew over Louisiana. Then came the American commissioner, Governor Claiborne of Mississippi territory and General James Wilkinson of the United States army, and they received the new territory in behalf of the United States. The transfer was made with much pomp and military display, but, while the transfer was very pleasing to the Americans scattered along the Mississippi Valley, it was utterly distasteful to the French inhabitants of New Orleans and it was many years before their hearts became loyal to America.
The first act of Governor Claiborne was to declare the power of Spain, and of France, at an end and that of the United States of America established. Similar ceremonies took place at St. Louis the next spring, when Don Carlos de Hault de Lassus, the Spanish Lieutenant-Governor, transferred the government of Upper Louisiana to Captain Amos Stoddard, representing both France and the United States.
Captain Stoddard was the first civil commandant of Upper Louisi- ana and the first American to have direct authority over the territory which included Clayton county. He issued a circular in which he assured the people of "the justice and integrity of President Jefferson ; that the acquisition of Louisiana would perpetuate his fame to poster- ity; that he had the most beneficent views for their happiness; that they were divested of the character of subjects, and clothed with that of citizens ; that they would have popular suffrage, trial by jury, a con- firmation of their land titles, a territorial government, to be succeeded by their admission as a state into the Federal Union ; and he indulged in the hope that Upper Louisiana would become a star of no inconsid- erable magnitude in the American constellation."
However auspicious the opening of American rule, and however glorious its present, it must be confessed that the first twenty-five years were years of failure and disappointment so far as Iowa was con- cerned. It was the dark age of Iowa history; even the slight hold
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maintained by France and by Spain was relaxed and the country, reverted almost to its aboriginal state. This was due to several causes. First there was an immense area east of the Mississippi to be devel- oped; Ohio, Indiana, Illinois, Michigan and Wisconsin were in their infancy, and there were millions of acres open to settlement before the Mississippi was reached. Second, the dark shadow of slavery already fell malignantly over the land and Louisiana was only anxious for the development of what might, probably, become slave territory. Third, and strangest of all, Iowa was regarded as a barren, inhospitable land not capable, owing to the infertility of the soil, of supporting a stable population. As a reason why the boundaries of the proposed state of Missouri should include a large portion of what is now Iowa, it was stated that this was necessary simply for the maintenance of out- posts to ward off Indian attacks and that this state of Iowa was com- posed of barren tracts and that "ages must pass before it would be inhabited." This belief, that Iowa was an uninhabitable wilderness, led to its being set apart as an Indian reservation, much as Indian territory was in later years. Indeed, had it not been for the warlike Black Hawk, it is probable that Iowa would have remained still longer a "terra incognito."
In the history of this period there are three things to be con- sidered: First, the act of the government of the United States to control and develop its new territories, together with the various changes of administration which Iowa underwent on its road to state- hood; second, the fur trade through which the Americans came in contact with the Indians and gained their first real knowledge of this region ; and, third, the condition and history of the Indians themselves. The purchase of Louisiana presented at once, a new phase of the great slavery question which was to divide our country until finally settled by the Civil War. Under French and Spanish dominion, Louisiana was slave territory and New Orleans was a great slave market. At the same time slavery had generally come under the ban and was pro- hibited in the Northwest Territory, by the Ordinance of 1787 The treaty with France provided that property rights were to be respected, and it was held that this included property rights in slaves, making the new purchase slave territory. Others demanded the prot. bition of slavery in the new domain. Congress then began the long series of compromises which characterized its treatment of the slavery ques- tion up until the time of the Emancipation Proclamation.
Louisiana was divided into two parts, the thirty-third degree, north latitude, being the boundary. The south part was called the Territory of Orleans with a government similar to that of Mississippi which permitted slavery. The north part was called the District of Louisiana and it was added to the territory of Indiana and the laws of Indiana governed it. William Henry Harrison as governor of Indiana Territory was, on October 1, 1804, escorted into St. Louis, and proclaimed governor of the District of Louisiana. This act placed the northern half in free territory, but this did not long con- tinue. Many residents of St. Louis came from New Orleans and were slave owners and they objected seriously to any interference with slavery. Yielding to this demand Governor Harrison, and the judges
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associated with him, passed "a law respecting slaves" in the District of Louisiana and this act extended the institution of slavery from the Gulf of Mexico to the British boundaries. At the same time and, by the same authority, all of the Louisiana Purchase north of the Missouri River was constituted the District of St. Charles, and the Giard grant appeared in state papers as located in St. Charles county.
The District of Louisiana as an annex to Indiana Territory lasted but nine months and, on July 4, 1805, it became Louisiana Territory and General James Wilkinson was the first governor. It was under Governor Wilkinson's direction that Lieutenant Zebulon M. Pike headed an exploring expedition to the sources of the Mississippi. Pike and his party left St. Louis, August 9, 1805, and, on the first of September, they reached the mines of the Monsieur Dubuque, who "saluted them with a fieldpiece and received them with every mark of attention." The mines were in a prosperous condition, yielding from twenty to forty thousand pounds of lead a year. On the fourth of September, Pike reached Prairie du Chien and on September 5th he crossed to the present site of McGregor and selected a height as "a commanding spot, level on top, a spring in the rear, most suitable for a military post." This is the beautiful bluff now known as "Pike's Peak" and is included in the area which, it is so properly urged, should be set apart as a National Park. Pike found one of the three chief villages of the Fox Indians located in Clayton County near the mouth of Turkey river. He estimated the total number of Fox Indians at 1,750, four hundred being warriors, five hundred women and eight hundred and fifty children. The Sacs were more numerous, having a total population of about 2,850. A map drawn from the notes of Lieutenant Pike shows the general contour of the Mississippi. Back of the river a trail is indicated, following the river closely, from Fort Madison to Prairie du Chien. A small dot indicates a lead mine and on the Illinois side of the river is the designation "M. Dubuque's route," just north is shown a space marked "Prairie." The Turkey river is next indicated and at its mouth is marked "Fox Village." Prairie du Chien and the Ouisconsin river are shown and, opposite them, are marks indicating a settlement together with "Cayard river," "Yellow river" and "Painted Rock." In the account of his expedition Pike mentions the settlements of Giard, Dubuque and Tesson as the only white settlements in Iowa, along the Mississippi river.
In 1812, Orleans Territory was organized and admitted as the state of Louisiana. This necessitated a new name for the Territory of Louisiana and it was called the Territory of Missouri, its boundaries remaining as before. William Clark was governor of Missouri Ter- ritory and Edward Hempstead the delegate to Congress. The west developed very rapidly during this period but the increase in popula- tion was not felt in Iowa, which was still regarded as fit only to be the home of roving Indian bands. Illinois was admitted into the Union in 1818 and this hastened the desire for statehood on the part of the people of Missouri. The memorial sent to Congress from Missouri stated that the "population was little short of one hundred thousand souls, was increasing daily with a rapidity almost unequaled and that the territorial limits were too extensive to admit of convenient gov-
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ernment." The north boundary asked for the new state was a line drawn due west from the mouth of the Rock river. As the justifica- tion for this large state the memorial adds: "To a superficial observer these limits may seem extravagant, but attention to the topography of the country will show they are necessary. The districts of country that are fertile and susceptible of cultivation are small, and separated from each other at great distances by immense plains and barren tracts, which must for ages remain waste and uninhabited. These frontier settlements can only become important and respectable by being united, and one great object is the formation of an effectual barrier against Indian incursions, by pushing a strong settlement on the Little Platte to the west, and on the Des Moines to the north."
The question of the admission of Missouri agitated the whole country for many months, the entire question hinging on whether it should be admitted as free or slave territory. The legislatures of northern states passed resolutions demanding the prohibition of slavery, and the southern states were equally insistent that slavery should be recognized and permitted. Many slave owners in Missouri held public meetings and denied the right of Congress to interfere. During this long debate the southern portion of Missouri was formed into the territory of Arkansas, in which slavery was recognized. This was done in 1819. We will not follow the long course of the Missouri Compromise by which the admission of Maine as a free state was made contingent upon the admission of Missouri as a slave state. It was this compromise which greatly strengthened the hold of slavery upon the nation and which was the next step toward the great Civil War. The boundaries of Missouri were reduced nearly to their present line, as Senator William A. Trimble of Ohio, urged that the valley of the Des Moines be left to whatever future state there might be formed from the territory north of Missouri.
BIRTH OF IOWA
Missouri was admitted into the Union in 1821 and, with a singular lack of statesmanship, all of the territory from the Missouri line to the British boundary and west to the Rocky Mountains was left practically without a government of any kind. It is true that there was a pro- vision for the prohibition of slavery and certain laws regulating traffic with the Indians, but Iowa was left an outcast orphan, nameless, dis- organized and abandoned to the aborigines. President Monroe in 1824 and President Jackson in 1829, urged that the Indian tribes east of the Mississippi be transferred to this territory and that it be constituted as a huge Indian reserve. From 1821 to 1834, Iowa existed as an unor- ganized territory without government except of the most general nature. By June 1833, the purchase of Indian lands in eastern Iowa was completed and the great rush of settlement began. Hundreds of men were waiting in western Wisconsin and Illinois, for the signal that settlement would be permitted across the Mississippi, and the eastern counties filled up very rapidly.
This sudden transformation of the wilderness into a busy settle- ment was, very naturally, attended by strife and contention. There.
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was an eager rush for choice locations for town sites and water rights and it soon became apparent that some system of law was neces- sary even though the first settlers were remarkable in their fair dealing with each other. A petition was forwarded to Congress asking that the laws of the United States be extended to this territory. A bill was introduced establishing the territory of Wisconsin which was to extend from Lake Michigan to the Missouri river. In the meantime the necessity for courts and some code of laws became more and more imperative. At Dubuque, Patrick O'Conner was murdered by George O'Keaf, and it was found that there was no court having jurisdiction to try the murderer. A citizens' court was formed and judicial forms were followed as nearly as possible. O'Keaf was given a fair trial, found guilty and sentenced to death. The murder was committed May 19, 1834 and O'Keaf was executed on June 20, showing a speed which might well be emulated by more formal courts. In recognition of these appeals for some form of government the territory north of the state of Missouri, lying between the Mississippi and the Missouri rivers was attached to the territory of Michigan, although it was understood that this was only a temporary makeshift. This action was hailed with delight, for the sturdy pioneers were stalwart American patriots and were glad to feel themselves more closely united to the stars and stripes. To Nicholas Carrol, an Irishman living near Dubuque is given the credit for raising the first Star Spangled Banner upon Iowa soil, and strangely enough, this flag was made by a black woman, who was a slave.
An extra session of the legislative council of Michigan territory was convened at Detroit September, 1834. In his message to this assembly Governor Stephen T. Mason, said, concerning Iowa: "The inhabitants of the western side of the Mississippi are an intelligent, industrious, and enterprising people, and their interests are entitled to our special attention. At this time they are peculiarly situated. With- out the limits of any regularly organized government, they depend alone upon their own virtue, intelligence, and good sense, as a guaranty of their mutual and individual rights and interests. Spread over an extensive country, the immediate organization of one or two counties, with one or more townships in each county, is respectfully suggested, and urged. A circuit and county courts will also be necessary, making a special circuit for the counties west of the Mississippi, as it would be unreasonable to require the attendance of inhabitants of that section at courts east of the river. I rely upon your diligence and wisdom for the measures demanded by the annexation of the new territory to the limits of Michigan."
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