USA > Iowa > Crawford County > History of Crawford County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 3
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Meanwhile, in the absence of established government, people took law and justice in their own hands and dealt summarily with crime. An instance occurred at Dubuque in the trial and execution of Patrick O'Connor for the murder of George O'Keaf. Appeals were made in vain to the governor of Missouri and to the judge of the western district of Michigan territory. They disclaimed jurisdiction. A citizens' court conducted the trial with deliberation and solemnity. A jury was impaneled, all judicial forms were observed. The murder was committed on the 19th of May, 1834, and the execution took place
OLD DOBSON HOME. DELOIT
FIRST FRAME BUILDING IN DELOIT
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on the 20th of the following month. One is almost tempted to ask if our courts can do better to this day.
It was in response to this petition of the new settlers in the Black Hawk purchase that congress finally took action and Iowa was attached to the terri- tory of Michigan for temporary government, and its people subjected to the same laws as the other citizens of Michigan territory. It was this transfer of government which vitalized the prohibition against slavery and made Iowa in reality free territory. Up to this time the prohibition had been non-effective and many slaves were owned in the region north of the Missouri state line. The change was very welcome to the settlers. It meant the establishment of law where lawlessness had reigned. It meant that the wronged individual might have recourse to the courts. It meant the recognition of the growth and prog- ress of a new country. So glad were the people that the 4th of July, 1834, was made a double holiday and it is claimed that Nicholas Carroll, living at Dubuque, first unfurled the Star Spangled Banner in Iowa and that the mak- ing of the first flag was superintended by a black woman, who was a slave.
Events now followed rapidly. The country filled up with amazing rapidity. The Black Hawk purchase served only to whet the appetite of the hardy settlers for this rich Iowa land. An extra session of the legislative council of Michi- gan territory was held and Governor Stephen T. Mason urged in his message that counties should be organized west of the Mississippi and that circuit and county courts be established for the use and convenience of the newly acquired inhabitants of Michigan. The council constituted two counties, Dubuque and Demoine and made them each a township, one Julien, the other Flint Hill. County courts were established and the laws then in force in Iowa county were extended to them. Iowa county was within the limits of the territory of Michigan and comprised a large area in northern Illinois and southwestern Wisconsin. The fact that the laws of this county were extended to the new counties west of the Mississippi is more important than appears on its face, for this new jurisdiction became known as the Iowa circuit, or the Iowa district, and it was from this that the territory, and the state organized later, took name.
But again the orphan Iowa was made the plaything of Fate. Again it was cast off by its foster parents, for soon after it became a part of Michigan ter- ritory. A portion of the territory was set off as the state of Michigan. For a few months there existed Michigan state and Michigan territory, but, the gov- ernor of the latter proving unworthy, a council asked President Jackson to re- voke his commission. This he refused to do and thereupon the following plain- tive memorial was adopted and sent to congress :
"Thrown off by Michigan in the formation of her new state, without an acting governor to enforce the laws, without a competent civil jurisdiction to give security to our lives and property, we ask the intervention of the national aid to give us a new, efficient, political existence. It has been decided by the federal court that the population west of the Mississippi are not under its juris- diction, and a monstrous anomaly is presented that citizens of the United States, living in its territory, should be unprotected by its courts of civil and criminal jurisprudence."
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Finally, after much delay, congress created the territorial government of Wisconsin, April 30, 1836. The territory covered the country between Lake Michigan and the Missouri and White Earth rivers north of the states of Illi- nois and Missouri. The capital of the territory was located at Belmont, on the east bank of the Mississippi. Albert Lea, writing of the territory west of the Mississippi, says: "During the year 1835 the chief part of the population arrived, and there is every indication of a vast accession during 1836. There are now emigrants from every state in the Union, as well as many foreigners. During a ride of one hundred and fifty miles through the district in January, 1836, I was surprised at the number of improvements then being made for oc- cupation as soon as the warm season should set in. With few exceptions there is not a more orderly, industrious, painstaking population west of the Alle- ghanies. For intelligence they are not surpassed as a body by an equal num- ber of citizens of any country in the world. About the mining region is a mixed mass of English, French, German, Irish, Scotch, and citizens of every part of the United States."
"This district, being north of the state of Missouri, is forever free from the institution of slavery, according to the compact made on the admission of that state into the Union. So far as political wealth and strength is concerned, this is a great advantage; for free states grow more rapidly than slave states. Compare Ohio and Kentucky; and what would not Missouri now have been had she never admitted slavery within her borders?"
"It may appear to some unacquainted with the character of our western people, and not apprised of the rapid growth of this country, that some of my descriptions and predictions are fanciful; but if there be error, it is that the truth is not fully expressed rather than transcended."
Henry Dodge was the first governor of the new Wisconsin territory and he was an Iowa man, identified with the interests of the people on the west bank of the Mississippi. He made many successful treaties with the Indians and was one of the real leaders in the foundation of this commonwealth. A census of the white people of the territory of Wisconsin was taken in 1835. The population of Des Moines county was 6,257; of Dubuque county, 4,274 ; and of the four counties east of the Mississippi river, 11,687. Des Moines had much the largest population and was entitled to the largest number of delegates in the territorial assembly. George W. Jones, who lived to a ripe old age and whom many of our people will remember, was the first territorial delegate to congress. This first legislative assembly fixed upon Madison as the capital, with a proviso that a second session, and also a special session were to be held in Des Moines county, at Burlington. At this session Des Moines was divided into the counties of Lee, Van Buren, Des Moines, Henry, Louisa, Muscatine and Cook, the last named of which was afterward changed to Scott. Governor Dodge succeeded in gaining new grants from the Indians, and this land was taken by the inrush of settlers almost before the Indians had moved out. These successive cessions vastly stimulated the increase of population, and that part of Wisconsin lying west of the Mississippi grew by leaps and bounds. The first legislative assembly ever held on what is now Iowa soil, was in Burlington in the year 1837. It was at this session that the county of Dubuque was divided
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and the counties of Clayton, Fayette, Dubuque, Delaware, Buchanan, Jackson, Jones, Linn, Benton, Clinton, Scott, Cedar, Johnson and Keokuk were estab- lished. But the people of what was then called western Wisconsin were not satisfied. They had an inherent longing for a government of themselves, for themselves, and by themselves. The very first day that the legislative session convened there also met a convention called to demand the organization of a separate territory. A memorial to congress to this effect was adopted both by the convention and by the legislature. There was some question as to the name, Washington, Jefferson, and Iowa being the ones most strongly advo- cated. The report states that in the convention the matter was discussed "and after considerable debating Iowa was decided upon."
Again the question of slavery seemed about to stand between Iowa and its destiny. So strong a champion as John C. Calhoun opposed the new terri- tory, fearing that it would disturb the balance of power. Through the diplomacy and tact of the congressional representative, George W. Jones, the bill was finally passed by both houses, and the act establishing the territory of Iowa was approved by President Van Buren, taking effect July 4, 1838. A census taken in May of that year gave the new territory a population of 21,859.
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CHAPTER IV.
IOWA TERRITORY.
"And the night of death was past."
And now for the first time Iowa men, on Iowa soil, were to enact laws for the government of Iowa people. The legislators were for the most part sturdy young farmers, much more conversant with the ax and the plow than with law making and with statecraft. They had the laws and precedents of other states by which to go, but the wonder to us now is that they built so wisely and enacted, for the most part, laws which showed advanced ideas of statesmanship and a wide grasp of the details of government.
Robert Lucas was the first territorial governor. He was appointed by President Van Buren for a term of three years. A Virginian by birth, he had, however, been reared in Ohio among free institutions, had been a member of the Ohio legislature and governor of that state. He brought with him a young man as private secretary, T. S. Parvin, who was later known and dearly loved as the secretary of the Masonic order for Iowa. Governor Lucas was a man of dignity and high moral character. He was austere almost to the point of narrowness and though he antagonized many people by emphasizing his official prerogatives, he nevertheless advocated many measures which have been of bene- fit to the state as a whole. He advocated the extension of the public school system and extensive land grants for its support. He first urged upon the people the necessity for statehood, and it was largely through his firmness that the line between Missouri and Iowa was fixed where it is today, and in ac- cordance with the claims of our people. The first legislature met in Bur- lington. Among its acts was one providing for a territorial capital near the center of population, and this was fixed by a commission at Iowa City. Later an appropriation was made for a capital building, and what is now known as the Old Central Building, of the Iowa University, was the first permanent capitol.
We say that the laws enacted were for the most part both just and generous, but there must always be an exception to the rule and this was found in an enactment regarding negroes and mulattoes in which it was provided that no free negro might move into Iowa without giving a bond of five hundred dollars for his good behavior, and that, failing to do so, his services might be sold for
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a certain period to the highest bidder. It was also provided that an escaped slave should not be harbored, but should be returned to his owner, thus enacting into Iowa law what later aroused the entire nation as the fugitive slave law. We think this legislation typical of the attitude of the people at that time, show- ing that they were inclined to be tolerant toward the slave evil, and that the national conscience had not yet been aroused, as it later was, by the recital of the wrongs of Uncle Tom, by the dervish-like devotion of John Brown and by the actual infamy of slavery itself. It is a relief to know, however, that when the question came to a test and it was actually sought to kidnap a free negro at Dubuque and take him forcibly into slavery, a private citizen, Alexander But- terworth, whose name should not be forgotten, interfered by writ of habeas corpus, and that the courts of the state affirmed his position, a part of their verdict being that, "Slave property cannot exist without the existence of slavery ; the prohibition of the latter annihilates the former. The man who after that act permitted his slave to become a resident here cannot exercise ownership over him in this territory. For non-payment of the price of his freedom no man in his territory can be reduced to slavery." This was just the reverse of the famous Dred Scott decision, made eighteen years later.
In the meantime Iowa was more concerned with the immediate needs of self government than with great moral questions. The development of the territory proceeded rapidly and statehood seemed the desirable end, as advo- cated by Governor Lucas. The election of President Harrison, the first na- tional whig victory, was followed in, Iowa by rapid changes in the governing forces. Governor Lucas was succeeded by John Chambers, a native of New Jersey and a personal friend of the president. Under the influence of Governor Lucas the proposition for statehood was voted upon in 1840, but the people seemed loath to accept the responsibilities and expense of state government, and it was overwhelmingly defeated. Governor Chambers renewed the recom- mendation of Governor Lucas concerning statehood, and in 1842 the proposi- tion was again defeated. The administration of Governor Chambers was largely noteworthy for his successful treaties with the Indians. He secured from the Sacs and Foxes a cession of a large portion of their Iowa lands, and later in- duced them to cede their Iowa possessions and move to a reservation in Kansas. This threw open a large portion of central Iowa to settlement and the scenes of the occupation of the Black Hawk purchase were reenacted with all their de- tails of bloodshed, claim jumping and avariciousness, although the ultimate re- sults were good and the country came largely into the possession of actual set- tlers. In 1844 there was renewed agitation for statehood and this time, by a vote of nearly two to one, the people voted for a convention to form a state constitution.
To well understand the situation one must know that at this time anti-slavery agitation was rife throughout all the northern and eastern states, and that at the same time, the people of the south were jealously guarding against any encroachment upon what they considered a sacred institution. Florida was knocking at the door for admission into the Union as a slave state. Texas, which had freed itself from Mexico, had submitted the proposition for an- nexation and on account of its large area it was proposed that it should be
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divided into four separate states. The people of the north were alarmed at the preponderance which the admission of five states, with ten members of the United States senate, would give to the slave-holding states. They wished for the admission of Iowa, but they wished for its admission with restricted boundaries so that other states might be carved from free territory in order to conserve the balance of power.
The people of Iowa territory were ambitious that their new state should include as much as possible. They wished for their boundaries, on the east the Mississippi, on the south, the state line of Missouri, on the west, the Missouri and Sioux rivers, and on the north, they wished to extend the state so as to include the great water power in the upper Mississippi at the Falls of St. Anthony. The constitution adopted provided these limits, but before it could be enacted by the people the northern members of congress succeeded in hav- ing the constitution approved but with the northern boundary materially re- duced and the western boundary fixed at seventeen degrees, thirty minutes west of the Washington meridian, which would have brought the western line of the new state a little west of Des Moines. The people of Iowa were incensed at this provision and the constitution was voted down. The matter was presented a second time, with the doubtful proviso that this should not be considered as an acceptance of the congressional boundary. The people were, however, confused and considerably wrought up over the boundary question, and the constitution was a second time defeated. The people felt that the Missouri river was the natural boundary of the state and they would agree to nothing less. To show how greatly interested the nation was, not so much in the wel- fare of Iowa, per se, but in the establishment of free states and the maintenance of the balance of power between the two great sections of the country, we ven- ture to quote a portion of the prophetic speech made in congress by Samuel F. Vinton. Mr. Vinton said :
"Suppose, (if such a supposition be possible) an attempt were to be made to set up a southern republic, blocking up the road to New Orleans, can there be any doubt what the west would do? The law of its condition, of its geographical position, would force the west to rally to the rescue of the Union. And, what must be a cheering and joyous reflection to every lover of his coun- try, who glories in the greatness of its destiny and sends up his prayers for its immortality, this bond of union will accumulate new force and gain new strength with the increasing millions in the west. There never was a nation which had such a conservative power as must grow up in the heart of this Union. I am one of those who have an abiding faith that this great central power will be true to its trust. To preserve this union, to make its existence immortal, is the high destiny assigned by Providence to this central power. If I could I would fill the public mind there with this sacred sentiment, with a firm resolve, to prove faithful to this mission to which it is called. I would transmit it from father to son to the latest posterity. I would make them feel, like the vestal virgins that kept the sacred fires, that the high command is upon them to keep the Union, to watch over it, to maintain and defend it forever." How nobly Iowa responded! How well it kept the faith. How splendidly it poured forth its blood and treasure to defend the Union, the annals of the war can tell.
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In 1845 a compromise was effected between the representatives of the state and congress, the present boundaries of Iowa were approved, and upon the third submission of the constitution it was adopted in August, 1846, by the nar- row margin of 456 votes out of a total of more than 18,500. It is interesting thus to note how narrowly Crawford county escaped being a portion of another state. Had the wishes of the northern leaders prevailed this might well have been a part of Wyoming, or Dakota, Nebraska, Minnesota, but now we can say with the midshipmite in Pinafore,
"I might have been a Prussian, A Turk, a Greek, a Russian, But in spite of all temptations, To belong to other nations, I remain an-Iowan."
The constitutional convention following the favorable election was held in May, 1846. Congress repealed its former action and, in lieu of the boundary it had prescribed, fixed the Missouri and Big Sioux rivers as the western boundary, and the parallel of forty-three degrees and thirty minutes as the northern boundary. The submission of the constitution was finally voted upon August 3, 1846. At this time the population of the territory was 102,388, and thus Iowa entered into another period of its development, that of statehood.
CHAPTER V. THE BIRTH OF CRAWFORD COUNTY.
"And the sleep that wrapped us fast Was riven away in a newer day."
Iowa was the twenty-ninth state admitted into the Union and the sixteenth after the formation of the government by the thirteen original colonies. It was the fourth state carved out of the Louisiana purchase and comprised ap- proximately one-eighteenth of its territory. Branded as a barren waste, aban- doned for many years to Indian lawlessness, it now emerged to become one of the great states of the Union, a state with the least amount of waste land and presenting as fair a picture of enlightenment and prosperity as can be found the world around. Under the new state constitution the first election was held October 26, 1846. The last territorial governor, James Clark, was succeeded by Ansel Briggs, a Vermont Yankee, a stage driver, a democrat, and a bitter hater of banks and banking. It is said that he was elected upon a platform embracing opposition to banking institutions of any kind; opposition to ex- clusive privileges to corporations, and in favor of few laws, light taxes, no debt, and tariff for revenue only. The new government was established with great eclat. There were parades and much pomp, befitting the establishment of a new commonwealth. It is not the purpose, however, to make of this a his- tory of Iowa. Every one should be familiar with the history of his state and learn to have pride in it, but its place is not here and we have dwelt upon the early organization and the various changes of ownership from the first dis- covery of this region simply in order to fix the place that the soil of Crawford has in history.
Our next attention must be given, not to the growth of the state and the various laws, some wise, some foolish, by which it has been governed, but to those matters which relate directly to Crawford county. As we have already related, the first counties established west of the Mississippi, under Wisconsin territory, were Dubuque and Des Moines. These were afterward subdivided and resubdivided. The boundaries of Dubuque county to the north and west were ill defined and may be said to have included all the territory to the Mis- souri river, although no attempt was made at government beyond the line of the Black Hawk purchase. In 1837 Dubuque county was divided into fourteen Vol. I-3
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counties. Of these, Keokuk (now Iowa), Benton, Buchanan and Fayette were the westernmost. The first three extended west to the Missouri river, while Fayette county extended north and west, including all of northern Iowa, nearly all of Minnesota, and at least one-half of North and South Dakota. Crawford county was, therefore, in 1837 a part of Benton county. There was at this time, however, no effort made to extend any actual county government beyond the eastern portion of the state. In 1843 the county of Tama was added to the west of Benton county. Its boundaries seem to have been fixed about as at present and it is not apparent that western Iowa, including this county, was organized in any way, although if under any jurisdiction we were under that of Tama county. On January 13, 1846, the increasing population made more counties desirable and Marshall, Story and Boone were named and organized and added to this tier of counties. Counties along the south boundary were added more rapidly and the county of Pottawattamie was formed in 1848, its boundaries being in conformity with the cession made to the Pottawattamie Indians. Pottawattamie county, therefore, included nearly all of the present county of that name and all of Fremont, Page, Taylor, Mills, Montgomery, Adams and Cass, most of Shelby and Audubon, and parts of Ringgold, Union, Adair, Guthrie, Carroll, Crawford and Harrison.
The most comprehensive law of county organization was passed January 15, 1851. By this act fifty new counties, including our own, were created. The boundaries of some of these counties have been modified and many of the names have been changed, but for the most part the counties stand today as they were created by the legislature sixty years ago. Crawford county comprised but sixteen townships in lieu of the twenty now within its borders, and among the changes of names we may note: Wahkaw (Woodbury), Fox (Calhoun), Yell (Webster), Risley (Hamilton), Buncombe (Lyon), Bancroft (now a part of Kossuth), and among the older counties, Kishkekosh (Mon- roe), and Slaughter and Cook, afterward wiped out entirely by subdivision into other counties.
In naming the counties the members of the legislature seem to have gone by no fixed rule. Many Indian names were retained, as are evidenced by Sioux, Osceola, Monona, Winnebago, Cherokee, Sac, Pottawattamie, Appa- noose, Mahaska, Keokuk, Black Hawk and others. Prominent men and events in the Mexican war were commemorated in such names as Buena Vista, Palo Alto, Cerro Gordo and Taylor. For the most part the counties were named after statesmen who had played important parts in the early history of the country. Among the names of the presidents we have Washington, Jefferson, Adams, Polk, Madison and Jackson. Mr. William H. Fleming, who is in him- self a veritable encyclopædia and museum of Iowa history, is authority for the belief that an effort was made to compliment all the older states by naming, as far as possible, two counties after their leading statesmen. Thus it was that Crawford county was named in honor of William Harris Crawford.
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