USA > Iowa > Scott County > Davenport > History of Davenport and Scott County Iowa, Volume I > Part 29
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SQUATTERS' ATTEMPTS TO GAIN FOOTHOLD.
The reader will note that various and numerous attempts had been made to induce government to open the land on the island to public entry and at this time there were several squatters there who had improved their holdings to a greater or less extent. It was generally known in the vicinity of Davenport that on the 11th of February, 1848, the secretary of war had written to the secretary of the interior, formally relinquishing the reservation of Rock is- land. It was supposed or at least hoped that this act of the war secretary would throw the island reservation into the mass of the public lands and that they could be acquired by preemption. Subsequently legal opinions, except that of Judge McLean in the matter of the United States against the Railroad Bridge com- pany, and of the continued acts of the government in refusing to convert the island as a part of the public lands, show that the action of the secretary of war
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did not and that he had not the power to return the island to the mass of the public lands. His compliance with certain requirements of the act of June 14, 1809, made the island a reservation by the terms of that act, and it could not be returned to the mass of public lands except by act of congress. It was on ac- count of this supposed relinquishment of the island, however, that the mill owners and others at each end of the island supposed that they could get that part of the island by preemption. It would also appear further on that other intruders were appearing on the island and by 1854 the Chicago & Rock Island Railroad Company had taken possession of land on the island and all the lands of the island were soon settled by squatters with a view to preemption.
It will be remembered that in 1825, at the request of the secretary of war, the whole of Rock island was reserved from the public lands of the United States for military purposes, and orders to that effect were sent by the commissioner of the general land office in Washington to the register in Springfield, Illinois. Notwithstanding this, a new land office having been established at Galena, Ill- inois, sometime in 1832, Rock island was surveyed by a Mr. Bennett, employed by the United States surveyor agent, and was divided into sections and quarter sections.
Fort Armstrong was at that time commanded by Lieutenant Colonel Wil- liam Davenport, First United States Infantry, who at once informed the war department that the survey had been made and that he feared it would bring the island into the body of the United States public lands and subject to pre- emption. In the following August Colonel Davenport wrote again on the same subject to the adjutant general of the army, urging that some action be taken in the matter and stating that unless something was done to prevent it, he believed that the site of the fort might be acquired by settlers under the pre- emption laws. After some correspondence between the war and interior de- partments the whole island was again in 1835 reserved to the war department for military purposes, and on September 15, 1835, the following order was sent to the register at Galena: "The department of war has apprised this office that Rock island, in the Mississippi river, (supposed to contain from 1,500 to 1,600 acres) and which has been in the occupancy of the public since 1816, and a part of it cultivated then and every year since by the troops at Fort Arm- strong, is essentially necessary to be reserved to the use of that garrison. You are therefore directed to reserve the same from any public service and if any individuals who may have occupied by sufferance any portions thereof should attempt to acquire a preemption claim on said island, in virtue of the act of the 19th of June, 1834, such claim cannot be recognized.
COL. GEORGE DAVENPORT'S CLAIM ALLOWED.
However, in 1833 the war department was informed by Colonel George Davenport, who then had a trading post on the island, that his dwelling house. store and other improvements had been settled on the island since it was first occupied in 1816; that he claimed the land where he was living under the pre- emption laws and he recommended that his claim be admitted with the reser- vation and that it should not be enforced so long as the island was required for
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military purposes. After the island was reserved for military purposes and the above order obtained from the general land office. Mr. Davenport's claim could not be admitted, but some years afterward, and after much correspondence, at the request of Stephen A. Douglas, Judge Knox, Judge Drury and other influ- ential men of Illinois, a special act of congress was passed whereby Colonel Davenport acquired title to his estate on the island which was held by him and his family until repurchased by the ordnance department in 1867 for $40,740.
Many of these settlers or "squatters," as they were called, before settling on the island had consulted Reverdy Johnson and Montgomery Blair, of Wash- ington, respecting the status of the land, and had obtained opinions favorable to the success of their plans. They afterward retained both these eminent lawyers and also Abraham Lincoln, then practicing law in Springfield, as counsel. These would-be preemptors of the land of the island, when they went to Spring- field to prove title and pay for the lands they had registered, were told by the register that he had received orders from Washington to stop all proceeding in regard to the preemption of the land. In December, 1858, Montgomery Blair, while acting as attorney for the settlers of the island, had obtained a decision from the commissioner of the general land office favorable to the-cause of the preemptors. He then informed his clients that their title to the land would be made good. It appeared, however, that the secretary of the interior had not concurred in the decision of the commissioner or else that his views were sub- sequently changed, for in January following, when called upon for information while the bill was pending for the sale of the island, he wrote a letter which effectually reversed the decision of the commissioner.
The success of the preemptors excited much interest at this time and was the subject of many articles in the newspapers. During the year 1859 no other advance was made by the settlers toward obtaining a title to the lands but they still remained on the island. During the summer of 1859 an indictment against the settlers was obtained in the United States district court for cutting timber and other acts committed on the island. The case came up before Judge Drum- mond in Chicago in August, 1859, and the following were the published pro- ceedings :
Indictment for cutting timber, etc., on the island of Rock island.
These cases involving the preempted character of the government lands on this island came up for trial in the United States court before Judge Drummond on Saturday last. District Attorney Fitch appeared for the prosecution and J. J. Beardsley, Esquire, of Rock Island, and Walker & Van Armand, of this city, for the defense.
After the discussion of divers matters of law it was finally agreed to take the pro forma verdict of guilty against defendants Hortel & Millard, subject to a motion for a new trial awaiting the result of certain action of ejectment which was to be brought to determine more fully the rights of the preemptors. The subject of title and right of preemption remained, therefore, undeter- mined.
The settlers were well satisfied with the above, for it was their desire that the legality of the preemption claim might be tried before the United States supreme court and it was the opinion of their counsel that in such trial they
OLD MILL, ROCK ISLAND ARSENAL
STORE HOUSE, ROCK ISLAND ARSENAL
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would be successful and their title established. Judge Drummond and the United States district attorney earnestly opposed the settlers in their attempt to get possession of the island. In the summer of 1860, nothing more having been heard of further proceedings in the matter, one of the settlers went to Chicago to see Judge Drummond about it and it was then discovered that the papers in the case were lost or at any rate they could not be found and nothing further was done that year. In the spring of 1861 the Civil war began and more pressing matters occupied the attention of all concerned.
THE GOVERNMENT ENTERS INTO FULL POSSESSION.
From the beginning the settlers who had gone to the island from Rock Island and vicinity, stated that if the government should ever wish to occupy the island for armory or arsenal purposes they would not prosecute their pre- emption claims, but would willingly resign them for the purpose of securing so desirable an object. If, however, the lands were public lands and subject to preemption and were to be acquired in this way by any one, they would not then resign them to others. When the act of congress, locating the arsenal on the island, was passed in July, 1862, they relinquished their claims and have taken no action in regard to them since. There is correspondence to show, however, that lawyers and others who had been interested in the claims of preemptors continued their efforts to obtain a title to the lands until as late as 1868. The preemptors gave up their claims and moved away as soon as the island was occupied by the United States. All of the mill owners and others having prop- erty on the east end of the island, except the Moline Water Power company and D. B. Sears, vacated the premises occupied by them and moved away as soon as they were required to do so by the United States. The claims of the railroad company, the Moline Water Power company, D. B. Sears, the Daven- port estate and some minor claims of the city of Rock Island, of the city of Moline and parties who had purchased land of D. B. Sears, were settled by purchase and by contracts made in pursuance of special acts of congress. All except the claim of the railroad and water power companies were settled through a re-purchase by the United States of all the property that the claim- ants had acquired. The property re-purchased cost the government the sum of $221,035. The claims of the railroad and water power companies were settled by contracts entered into in pursuance of the recommendation of the board of commissioners and by virtue of certain acts of congress. The rail- road contract provided for the removal of its tracks and bridge and the aban- donment of its old right of way and the construction of a new route across the west end of the island, the expense of which was born by the United States and the railroad company jointly, and gave the company a new right of way over the new route. The Water Power company's contract required that the company should relinquish its franchise to the United States, that the United States should build and maintain the water power and give to the company a portion of the power obtained, free of cost, forever. The construction of a portion of the water power which the contract gave to the Water Power com- pany has cost the United States nearly $500,000.
FIRST BRIDGE THAT SPANNED THE MISSISSIPPI RIVER Iowa Approach near Federal and East River Streets
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PRESENT GOVERNMENT BRIDGE
CHAPTER VIII.
THREE BRIDGES TO THE ISLAND.
A RAILROAD ON EACH SIDE OF THE RIVER MADE A BRIDGE NECESSARY-CHARTERS ON INJUNCTIONS-ACTS OF CONGRESS AND COURT INTERPRETATIONS-THE ROCK ISLAND ROAD IN PARTNERSHIP WITH THE GOVERNMENT-THE FIRST BRIDGE TO BE THROWN ACROSS THE MISSISSIPPI- RIVER INTERESTS AROUSED-ABRAHAM LIN- COLN IN BRIDGE LITIGATION-PRESIDENTIAL VISITORS.
In 1851 a special charter was granted by the Illinois legislature to the Chicago & Rock Island Railroad company for the construction of a railroad from Chicago to Rock Island, a point directly across the Mississippi river from Davenport. The work of construction was shortly after commenced and in the winter of 1854 the road was completed to the Mississippi river, and on Washington's birthday of that year the first train arrived at Rock Island from Chicago. Twenty-two months had been consumed in the completion of the road, but to the country at large and especially to the immediate community this was considered remarkable. In 1852 a charter was granted, authorizing the construction of a railroad line from Davenport, by way of Des Moines, to the Mississippi river at Council Bluffs, and under that charter the Mississippi & Missouri Railway company was organized, being capitalized at $6,000,000, of which the city of Davenport subscribed $75,000 and the county of Scott $50,000, while the individual subscriptions amounted to $100,000. On April Ist of that year the first shovelful of earth was turned for the construction of the great work by Antoine LeClaire. The legislature of Illinois on the 17th of June, 1853, also granted a charter to the "Railroad Bridge company" for the construction of a bridge across the Mississippi river for the purpose of connecting the above mentioned two lines of railroads. Subsequent to this the Mississippi & Missouri Railway company was merged into that of the Chicago & Rock Island Railroad company, and is now known as the Chicago, Rock Island & Pacific Railroad company.
As has been said, the Chicago & Rock Island Railroad company completed its road from Chicago to Rock Island in 1854, and the Mississippi & Missouri Railroad company then built its road from Davenport to Council Bluffs, but
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prior to this it became apparent to all concerned that it was necessary to have a bridge across the Mississippi to connect the two roads, and the "Railroad Bridge company" was organized for this purpose. Its plan was for a bridge from the Illinois shore to the island, a bridge from the Iowa shore to the island, and an embankment across the island to connect the two bridges, or more prop- erly, the two parts of the Rock Island bridge. This bridge was constructed near the home of Col. Davenport and is not to be confused with the bridge of the present day. The old bridge has long since been removed and no vestige of it remains but part of one of the abutments which forms one of the attrac- tions of the island to visitors.
Considerable controversy subsequently arose between the railroad company and the government as to the company's right of way across the island. The railroad company's claim to a right of way and to lands occupied by the com- pany on the island and its right to construct bridges from the main land to the island was based upon two acts of the legislature of the state of Illinois, one dated in 1847 and the other in 1851, incorporating and authorizing the company to locate a railroad from Chicago to Rock Island, and upon further action of the legislature in January, 1853, creating the "Railroad Bridge company," with authority to construct a bridge at or near Rock Island:
BUILDING OF BRIDGE IMPEDED.
An act of congress of August 4, 1852, granted a right of way to all rail and plank road or macadam and turnpike companies through the public lands of the United States, but excepted from the operation of the act all lands held for public use by improvements thereon and all other lands except such as were held for private entry or sale and such as were unsurveyed. It is now beyond controversy that the lands of Rock island were among those exempted from the operation of the act, but the act of 1852 seems to have been sufficient unto Judge McLean's methods of reasoning for his decision refusing to grant to the United States an injunction to prevent the railroad company from constructing the road on the island and building its bridges. It was further held that the states had authority to grant the right of way over public lands (the property of the United States) within the state, but it became clear that the lands in question had never been, since 1816, public lands within the meaning of the act, and con- sequently the acts of the legislature of the state of Illinois were inoperative. Nevertheless the motion for an injunction on the part of the United States in the case referred to was overruled by Judge McLean, more, perhaps, because the railroad and bridge were held to be a great public benefit, a necessity, and considered an advantage to the United States through its proprietorship of the island, and it was further considered that a connection with the railroads on the main land through railroad bridges and a railroad on the island was a necessary part of the plans for a great arsenal.
The claims of the railroad company and the wants and necessities of the arsenal were all laid before the board of commissioners constituted by the gov- ernment, and a plan was finally fixed upon which would satisfy the require- ments both of the company and the United States. This plan was drawn up
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HISTORY OF SCOTT COUNTY
and approved both by General Rodman and the officers of the railroad com- pany, and was recommended by the commissioners. The main features of this plan were that the railroad company should give up their old right of way across the island and remove their tracks and bridge, that a new bridge should be built at the extreme west end of the island, the cost of which should be borne by the railroad company and the United States, and that the railroad company should have a right of way over that bridge and across the west end of the island. The bridge and track across the island would be so constructed as to fulfill the requirements of the railroad company and be out of the way of the improvement purposes of the government, and at the same time admit of con- necting the arsenal with the railroad company's tracks and fulfill the require- ments of the arsenal in this respect. The recommendations of the board of commissioners were approved by the chief of ordnance and secretary of war, and the legislation necessary for carrying out the plans was passed by congress.
GUARANTEE BY THE CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY.
Whereas by an act of congress of the United States of America, entitled "An act making further provision for the establishment of an armory and ar- senal of construction, deposit, and repair on Rock island, in the state of Illi- nois," approved June 27, 1866, it is enacted as follows, viz. :
That the secretary of war be, and is hereby, authorized and directed to change, fix and establish the position of the railroad across Rock island and the bridge across the Mississippi river at and on the island of Rock island, so as best to accord with the purposes of the government in its occupancy of said island for military purposes; and in order to effect this he is authorized to grant to the railroad company a permanent location and right of way on and across Rock island, to be fixed and designated by him, with such quantity of land, to be occupied and held by the company for railroad purposes, as may be necessary therefor, and that the said grant and change be made on such terms and conditions previously arranged between the secretary of war and the com- panies and parties in interest, as will best effect and secure the purposes of the government in occupying the island.
Second. That the secretary of war be, and is hereby, authorized to grant to the companies and parties in interest such other aid, pecuniary or otherwise, towards effecting the change in the present location of their road and bridge, and establishing thereon a wagon road for the use of the government of the United States, to connect said island with the cities of Davenport and Rock Island, to be so constructed as not materially to interfere with, obstruct, or impair the navigation of the Mississippi river, as may be adjudged to be fair and equitable by the board of commissioners, authorized under the act of April 19, 1864, entitled "An act in addition to an act for the establishment of certain arsenals," and may be approved by him.
And whereas said board of commissioners, in a report upon the matter of the railroad and bridge across Rock island and the Mississippi river, under the date of February 2, 1867, adopted and recommended the following propositions as to the kind of wagon road that should be established and the amount and
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kind of aid that should fairly and equitably be granted by the government towards effecting that object, to wit:
"The government to build over the main channel of the river an iron draw- bridge, in accordance with the conditions prescribed in the act of congress of July 25, 1866; the frame to be of proper breadth for a double track. The gov- ernment to give the company the right of way over this bridge and across the island, upon the payment of half the cost of the superstructure of the bridge, the bridge to be built with due regard to economy, having reference to strength and durability. The company to have five years from January 1, 1867, in which to connect with the new bridge and to remove its present track across the island and the old bridge and piers from the main channel. The company to open wagon ways for the use of government through their present embankment on the island, and remove, as far as practicable, present obstructions to wagon traffic between the island and city of Rock Island; the government to have the right to connect with the track of the company such sidetracks as may be de- sired for the United States and at such points as the ordnance department may select."
And whereas the chief of ordnance, Brevet Major-General A. B. Dyer, in a report to the secretary of war, dated February 8, 1867, approved the foregoing recommendations of the said board of commissioners respecting the location of the railroad across the island and the bridge across the Mississippi river, the granting of a permanent right of way across the island and the kind and char- acter of the bridge to be erected; which recommendation, so approved by the chief of ordnance and adopted by him, is understood and here taken to be the recommendation of that officer to which reference is made in the first section of the act of congress of March 2, 1867, hereinafter mentioned.
And whereas by the first section of the act of congress entitled "An act . making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes," approved March 2, 1867, there is appropriated "for the erection of a bridge at Rock Island, Illinois, as recommended by the Chief of ordnance, $200,000; Provided, That the ownership of said bridge shall be and remain in the United States; and the Rock Island and Pacific Railroad Company shall have the right of way over said bridge for all purposes of transit across the island and river upon the condition that the said company shall, before any money is expended by the government, agree to pay and shall secure to the United States first, half the cost of said bridge; and, second, for the expenses of keeping said bridge in repair ; and upon guaranteeing said conditions to the satisfaction of the secretary of war, by contract or otherwise, the said company shall have the free use of said bridge for purposes of transit, but without any claim to ownership thereof."
And whereas by a joint resolution of the congress of the United States "in relation to the Rock Island bridge," approved July 20, A.D. 1868, it was pro- vided as follows:
"Be it resolved by the Senate and House of Representatives of the United State in Congress Assembled, That the act of congress making appropriations for the support of the army for the year ending June 30, 1868, and for other purposes, approved March 2, 1867, be, and the same is hereby, so amended as
DAVENPORT IN 1856, SHOWING THE ISLAND AND THE OLD BRIDGE From an original painting by Waugh, executed by order of Antoine Le Claire
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HISTORY OF SCOTT COUNTY
to authorize and direct the secretary of war to order the commencement of the work on the bridge over the Mississippi river at Rock island, to connect the said island with the cities of Davenport and Rock Island: Provided, That the own- ership of said bridge shall be and remain in the United States; and the Rock Island & Pacific Railroad Company shall have the right of way over said bridge for all purposes of transit across the island and river, upon condition that the said railroad company shall pay to the United States: first, half of the cost of the superstructure of the bridge over the main channel, and half the cost of keeping the same in repair, and shall also build at its own cost the bridge over that part of the river which is on the east side of the island of Rock island, and also the railroad on and across said island of Rock island; and upon a full com- pliance with these conditions said railroad company shall have the use of said bridge for the purposes of free transit, but without any claim to the ownership thereof; and said railroad company shall within six months after said new bridge is ready for use remove their old bridge from the river and their railroad track from its present location on the island of Rock island: And provided fur- ther, That the agreement may permit any other road or roads wishing to cross on said bridge to do so by paying to the parties then in interest the proportion- ate cost of said bridge and securing to be paid its proportionate cost of keeping the same in repair, but no such permission to other roads shall impair the right hereby granted to the Chicago, Rock Island & Pacific Railroad Company, and the total cost of said bridge shall not exceed the estimate made by the commis- sioners appointed under the act approved June twenty-seven, eighteen hundred and sixty-six; And provided also, That in no case shall the expenditure on the part of the United States exceed one million dollars.
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