USA > Iowa > Scott County > Davenport > History of Davenport and Scott County Iowa, Volume II > Part 4
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HISTORY OF SCOTT COUNTY
In the business circles of Blue Grass few men are more prominent or more widely known, and his prosperity is well deserved, as in him are embraced the characteristics of an unbending integrity, unabating energy and industry that never flags.
JUDGE G. C. R. MITCHELL.
A scholar in the breadth of his own wisdom and the appreciation of knowl- edge, a statesman in his understanding of the vital problems of government, a lawyer of superior ability and a gentleman because of the innate refinement of his nature that rejected everything opposed to good taste, the names of Gilbert Chris Russell Mitchell is written large on the pages of Davenport's early his- tory and his influence was a most potent element in shaping the early progress of the city in professional, social, educational and moral lines. The intensely human side of his nature, that which held friendship inviolable and expressed itself in acts of kindness and deeds of generosity, was never in any way over- shadowed by the strength of his intellect, which, however, was far in advance of the great majority of men of his day. Born in Dandridge, Jefferson county, Tennessee, December 26, 1803, he was the only son of Nathaniel and Ann (Rhea) Mitchell. The father was born in Albemarle, now Nelson county, Vir- ginia, in 1778. During the war the records in the courthouses of Virginia were burned, consequently little is known of his ancestry but many of the name of Mitchell from Virginia are on the Revolutionary honor roll. The family is of Scotch lineage. The father was a man of sterling qualities, honorable and high minded. He served in the war of 1812, holding the rank of colonel. His wife was born in New River county, Virginia, in 1783 and was a daughter of Archi- bald Rhea. Later the family removed to Tennessee, settling about a mile above Knoxville, and it was in Knox county that she became the wife of Nathaniel Mitchell. The progenitor of the Rhea family belonged to the Scotch house of Argylle-Matthew Campbell by name. Known as "The Rebel," he fought in many wars in Scotland and was finally obliged to flee to the north of Ireland, where he changed his name to Rhea. Members of the Rhea family were re- markable for attaining influence and honor wherever they lived in this country. Coming of Scotch covenanter stock, there was a strong tendency toward the Presbyterian ministry. In a single generation not only one son but two or three would enter upon that calling. Mrs. Ann Mitchell was a devoted Presbyterian and became one of the ten charter members of the Presbyterian church of Daven- port in 1839 and assisted in building the first chapel. The Rhea family were very prominent in the upbuilding and development of the south.
It was among the "over mountain people" that G. C. R. Mitchell spent his boyhood and early manhood. Though the early settlers of that locality are rec- ognized as having been of an unusually high type, it is rather surprising that almost before the echo of the Indian war cry died away, it was possible for a boy to be as finely educated as was Gilbert Mitchell. As a child he was sin- gularly beautiful. His health was delicate, so that he was carefully nurtured and
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HISTORY OF SCOTT COUNTY
during these early years he was laying the foundations for his thorough mental attainments and accomplishments. He spoke French and German and was- versed in Greek and Latin; in his boyhood he learned to play the flute and the violin, and also understood surveying. For a time the family lived in Russell- ville, Alabama, and in 1818, then fifteen years of age, Judge Mitchell was attending school in Knoxville. He was afterward a student at East Tennesee College, now the University of Tennessee, where the curriculum was highly academic, and was a member of the first graduating class in the fall of 1822. He was always an apt student, at the head of his classes, and the fine "speeches" which he delivered in those days show that he was already thinking out along broad lines relative to the country, its development and welfare. He was particularly interested in the Mississippi river country, for even in boyhood his thoughts were turned to the west. Some of his college speeches are still preserved and are well worthy of perusal, showing a marked difference from the present in habits of thought ; all show a remarkable command of language and clearness of thought, qualities which were afterward of value to him in his legal career. He also wrote verses, but whether at this period or later is not known.
Following his graduation Mr. Mitchell went to Moulton, Lawrence county, Alabama, where his parents were then living, and took up the study of law in the office of Judge A. F. Hopkins. He was admitted to the bar in 1825 and prac- ticed successfully in Alabama for several years while living in Moulton. Here he was a partner of David A. Smith. For the greater part of that period he was clerk of the circuit court and was a candidate for the office of circuit judge but was defeated. In 1828 he traveled in the west with the idea of settling there. He returned, however, to Alabama and was living in Courtland in 1830 but he had not given up the idea of going west. In 1832 he went again to St. Louis but returned to Courtland, where he lived until 1834, in the meantime selling his land, with the idea of leaving there permanently. Investigation into possibilities of the middle west at length brought him to Davenport and from the time that he came to the city he sprang into instant prominence. However, he spent a year in a tour among eastern cities before coming west permanently but did not find that section of the country attractive to him. While living in the south he was seriously ill with typhoid fever and a change of climate was advised. This gave him his opportunity. He visited St. Louis, Fort Dearborn (Chicago), Galena and Dubuque, then came to Stevenson, as Rock Island was called, in May, 1835. In that year he purchased a squatter's right in Davenport-the tract of land which was later known as Mitchell's addition. He built thereon a little pioneer home, which he occupied until 1837. His parents followed him to Davenport in 1836 and his father bought land also. An old record seems to indicate that he pur- chased land of Antoine LeClaire but most of his property was obtained by tak- ing up a regular squatter's claim and then buying from the government when the land was placed on the market. When this was done the claims that had been taken up by the early settlers did not conform to the government surveys, which were made about 1840. The land office was opened at Dubuque and the settlers of Davenport and vicinity agreed that Judge Mitchell should purchase all the lands that were thus conveyed. Thus by a mutual give and take system each owner was bounded by the section lines of the survey. As Judge Mitchell
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HISTORY OF SCOTT COUNTY
had the confidence of all, his dictum settled all discontent. There were many instances in the early history of the community where Judge Mitchell was called upon to settle difficulties, his legal knowledge and fair-mindedness giving him unusual equipment for arbitrator. He was, moreover, "the leading practitioner of law in Davenport from his earliest settlement." On the 23d of February, 1836, a meeting was held, presumably at the home of Colonel George Davenport, on Government Island, to found the town of Davenport, on which occasion Judge Mitchell was present. The instrument was executed in his fine, clear hand- writing and is now in possession of Louis A. LeClaire, a nephew of Antoine LeClaire. In an account of Davenport in 1836 the Democrat-Gazette of 1889 in speaking of Judge Mitchell said: "Our first lawyer had no taste for office. Attractive in ways of chat, scholarly, intelligent, at home in classic lore or modern thought, a thorough jurist, observant of the country's men and laws and politics, quick to see, faithful 'in memory, yet shunning the crowd he loved his home, his papers and his books. With these he constantly communed. His library was the best in Davenport and its owner knew its contents."
At this time Iowa was a part of the territory of Wisconsin and there is in existence a document executed February 15, 1837, by Henry Dodge, governor of the territory of Wisconsin, appointing G. C. R. Mitchell master in chancery of the county of Dubuque. This office carried with it the title of judge. At the time that Rockingham and Davenport each sought to become the county seat Judge Mitchell was nominated for representative to the legislature but was de- feated. However, it was acknowledged that he was "largely instrumental in securing for Davenport the enviable distinction of being made the county seat of Scott county." With all that pertains to the early life of the city and the upbuild- ing of this section of the state Judge Mitchell was closely identified. Although not a Catholic at the time, he gave liberally toward the building of St. Anthony's church, which was dedicated May 23, 1838. It was for many years the largest public edifice in the town and was used by all large assemblies to deliberate upon matters of public interest. It was there that the first district court met. Father Pelamourgues, the priest in charge, "deemed it no desecration of the holy place to have it temporarily used as a temple of justice."
G. C. R. Mitchell and Jonathan Parker were the lawyers for the defense in the first case docketed in the Scott county district court and the answer of the defense is in the plain, leisurely written hand of Judge Mitchell. He also wrote the document and his was the first signature to an agreement made October 9, 1838, by the members of the Iowa bar regarding the return of court notices. In 1838 or 1839 Judge Mitchell became one of three directors of what was called "the Rock River and Mississippi Steam Navigation Company," an enterprise that did not prove a profitable venture. In 1840 he was one of three who issued a call to organize an Agricultural Society and became its vice president. He was also among the first to advertise in the Iowa Sun, which was printed in 1838. This publication was succeeded by the Davenport Gazette in 1841. In the Daven- port Academy of Science are now found bound volumes of the Burlington Haw- keye of 1843 and 1844, which are Judge Mitchell's copies. When the Judge died one room in his house was entirely filled with files of newspapers in perfect order- a notable collection-and the most valuable of these files was that of the Niles
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HISTORY OF SCOTT COUNTY
Register, published in Baltimore during the period following the Revolution. At his death the Register was given to St. Ambrose College.
Judge Mitchell never sought office and in fact preferred to leave office hold- ing to others. Yet he had no patience with those who evaded public duties. When he was nominated for judge the Iowa State Democrat said: "Judge Mit- chell is a man who never seeks office and has never shown any desire for official honors but such men are just the proper persons to be nominated and they have no right to decline, unless the sacrifice of accepting office is too great." In 1843 Judge Mitchell was again a candidate for the territorial legislature on the whig ticket. When that party dissolved Judge Mitchell affiliated with the democratic party. He was elected as representative of Scott county to the sixth territorial legislature which convened in Iowa City, December 4, 1843. If the life of a people is reflected in the laws they frame the proceedings of a legislature are a valuable index to the times. In his message the governor made reference to the removal of the Sac and Fox Indians to the "west of the temporary boundary of Iowa" and deplored the vicious habits of the Winnebagoes. He also spoke of health conditions in the state and urged ascertaining the wishes of the people in regard to framing a state constitution. This matter was taken up during the session and referred to a select committee, on which Judge Mitchell served. He was also prominent on the committee to which was referred the protection of the frontier, for at that time militia officers were negligent in reporting the num- ber and equipment of their respective commands, so that it was impossible for the war department to furnish them with the arms to which proper returns would entitle them. Judge Mitchell was on three standing committees, the judiciary, military affairs and engrossing bills. He was also on a committee of one from each electoral district to prepare rules for the government of the house and later when the standing committee on the library was appointed he served on it. The judiciary committee has always been the most important and his work in that connection was evidence of his great ability in legal matters. He was chair- man of a special committee to which was referred a bill to amend the law then in force regarding grand and petit jurors, and served on a committee of three appointed to report on such alterations of the law regulating wills and adminis- trators as might be deemed necessary. To the judiciary committee was referred a bill to district the county of Scott for the election of county commissioners ; a bill to amend an act for the election of constables and the defining of their duties ; and a bill relative to proceedings in chancery, Judge Mitchell was one of two appointed as committee of conference regarding the last named bill. The judi- ciary committee dealt also with a bill to amend an act defining crimes and punish- ments. All these questions show more or less clearly the formative condition which then prevailed and Judge Mitchell was active in framing laws and in- stituting measures which have been important forces in the state's development and government. Among' the petitions presented by Judge Mitchell from Scott county was one praying for the establishment of a "territorial road" between Davenport and Iowa City. He introduced a memorial to the postmaster general for additional mail facilities, and most important of all was the bill he introduced for the purpose of abolishing imprisonment for debt, supplementary to a law on the same subject previously passed. Several divorces were applied for and re-
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HISTORY OF SCOTT COUNTY
ferred to the committee on judiciary. The legislature had heretofore granted divorces. The committee offered a resolution to the effect that in their opinion such matters should be brought before a judicial tribunal rather than before the legislature. The report made on the subject is voluminous and reflects the universal seriousness with which divorce was then regarded.
In 1846 Judge Mitchell received the whig nomination for congressman at large from the state. The Gazette of that date says: "G. C. R. Mitchell, Esquire, is so well and favorably known from his long residence in the territory-having lived here when it was embraced in that of Wisconsin-that it is needless for us to speak of his qualifications. As a jurist, a scholar and an honest man we doubt if Mr. Mitchell has a superior in the territory. The whigs can rest assured that in him they will find a faithful exponent of their principles. As representative from this county to the legislature he gave general satisfaction." He was, how- ever, defeated by the democratic candidate. Throughout these years Judge Mitchell continued in the practice of law, occupying his place as "the foremost lawyer of Davenport in the early days."
On the 14th of April, 1852, G. C. R. Mitchell was married in St. Anthony's church to Miss Rose Anna Clarke, daughter of William and Catherine Clarke. She was born December 23, 1823, near the town of Tullamore, Kings county. Ireland, and in her early girlhood her parents brought the family to this country. settling near Cincinnati, in Brown county, Ohio. Her eldest sister, Mary, be- came the wife of George Meyers, one of the earliest residents of Rock Island, and a second sister, Sarah A., married George L. Davenport. Theirs was the first in the record of marriages of St. Anthony's church. When Rose Clarke was eighteen years of age she came to Davenport by steamboat from St. Louis in 1842, and for ten years she lived with her sister, Mrs. Davenport. Judge Mitchell was the first gentleman she met after her arrival. The fame of her beautiful voice had preceded her and for years she was a prominent member of St. An- thony's choir, to which Judge Mitchell also belonged. There was no organ or no melodeon in those days but they had flute, clarionet, 'cello and violin. Later when St. Anthony's secured a melodeon, Rose Clarke played on it, singing while she played. She was also an accomplished horsewoman and rode a great deal in her younger days. Judge Mitchell and his bride went south for their wedding trip. It is said that while they were in St. Louis they spent one thousand dollars in furnishing their new home, which was then considered a very unusual outlay. Most of this furniture was finely carved mahogany and a mahogany rocking chair which was a wedding gift from George L. Davenport is now in possession of their daughter, Mrs. William J. Mccullough. After living for a time on the west side of Main street, between Fourth and Fifth streets, Judge Mitchell and his family removed to the corner of Eighth and Marquette streets. Separate from the house but on the same grounds was the office, built so after the southern custom. Later, removal was made to the present location of St. Mary's Home. Mrs. Mitchell and Mrs. Davenport, the "Clarke sisters," were considered the best housekeepers in Davenport.
Recognizing the needs of the city in many directions, Judge Mitchell devoted and found time to support and cooperate in movements that met these needs. In 1854 he became engaged in a new venture, becoming associated with C. S.
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HISTORY OF SCOTT COUNTY
Whisler in establishing a ferry after obtaining a ten years' charter from Iowa. In the winter of 1854-55 they made an effort to obtain a charter from the Illinois legislature but failed. Having authority to carry but one way, business was un- profitable but in the latter year they sold their Iowa franchise to their competi- tors for two thousand dollars and afterward disposed of their boat, the Ione. It was also in 1854 that Charles E. Putnam came to Davenport and studied law under Judge Mitchell, by whom he was admitted to a partnership that existed until 1857, when Mr. Mitchell became district judge. From 1855 until 1857 his activity in public life reached its height. Old files show that on the Ist of March, 1855, a meeting of Scott county democrats was called by G. C. R. Mitchell, G. E. Hubbell and others, for the formation of a democratic club. In the same year he was a member of the city council. At that time Davenport was plunged into bonded indebtedness beyond its constitutional limit. Judge Mitchell was very conservative and opposed increasing the indebtedness in all the votes he gave as alderman. In 1856 he was elected mayor and in his official capacity appointed a committee to commence action, enjoining the continuance of the bonded in- debtedness. The action succeeded and the injunction was made perpetual. The following spring a bar convention held in Lyons offered him the nomination for judge of the fourteenth judicial district. This was the first attempt in the dis- trict to take the election of judges out of politics, a plan now followed. In the Iowa State Democrat appeared the following editorial comment: "G. C. R. Mitchell is too well known in all the three counties of this district to render it necessary to speak of his abilities. He has one of the best judicial minds of any man in the district and he is the soul of honor. His most intimate and dearest friend could never move him to any act of partiality so long as he should wear the ermine. So spotless is his reputation in this respect that no man will be found with hardihood enough to question it." Another newspaper characterized him as a man "of eminent qualifications for the post to which he had been nominated." Though the Gazette tried to make the election a party issue, Judge Mitchell was elected by a handsome majority-a fact indicative of his personal popularity and the high regard entertained for him in a professional way, for he was the only democrat elected. Though he resigned from the office of judge in the fall of the year in which he went upon the bench, he left a strong and lasting impression upon the judicial history of Iowa. Davenport Past and Present, in a biography of Judge Mitchell published before his death, says: "As a jurist Judge Mitchell takes a high position. He is profoundly discriminative, a keen, careful analyst, and one whose deductions are always reliably correct. His mental processes are seemingly slow but in reality rapid, for while others would dash to a conclusion (often the wrong one) with an imperfect view of a few contiguous facts, he. traverses the whole ground, omitting nothing, however seemingly trivial or great ; and although he may be twice as long in evolving a question as another, he per- forms ten times the labor and his conclusion is in the same proportion more worthy of credence. If he has one trait more prominent than another, it is his thorough comprehensiveness, his ability to include everything in his examination of a subject, and add to this a nice instinctive and cultivated perception of the character and weight of a fact, and one may see why he rarely goes wrong, or
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HISTORY OF SCOTT COUNTY
commits errors in conclusions." Elsewhere the statement is found that "he stood the peer of the greatest men of his time in Iowa."
In December, 1858, Judge Mitchell was called upon to go as a delegate from Scott county to the general convention at Iowa City to consider taking action regarding state aid to railroads. He was chairman of the meeting and was also a member of the committee of five which memorialized the governor to call an extra session of the legislature relative to the matter. In the later years of his life Judge Mitchell lived quietly, happy in his home life with his family and his friends and his books around him. Unto him and his wife were born six children, of whom Henry M., Anna M. E., Mary Catherine and Martha M. died in childhood. The eldest son, Nathaniel Stephen, lived to the age of thirty-three and at his death left a wife and five children. He inherited brilliant gifts of mind and while at college was considered an exceptional student in all the branches of general education. He was talented along artistic lines and was an excellent musician. For many years he directed the choir at St. Marguerite's church. He was a lawyer by profession. The only living child of Judge and Mrs. Mitchell is Josephine Mary, the wife of William J. Mccullough. She is convent bred, having received an excellent education, and is a woman of great beauty. She is also an artist of ability. She has a gentle, serene nature and above all else is the devoted wife and mother. Mr. and Mrs. McCullough are the parents of six children.
On one occasion Judge Mitchell lost ten thousand dollars, all of the cash which he possessed, in a bank failure, but he was the owner of valuable property that included a large tract of land north of his residence and known as Mitchell's Bluff. He was very liberal with his wealth, gave generously to the poor and often loaned money when he knew it would never be returned. He never refused his professional service to those unable to pay and when he died there was sixty thousand dollars due him as fees which was never collected. He was especially generous to the church, gave the land on which St. Kunigunda's (now St. Joseph's) church was built in 1855 and also the land on which the new church building next to the old one was erected. Mrs. Mitchell after her husband's death was a most generous supporter of St. Mary's church, for which she selected the name. Judge Mitchell and George L. Davenport donated ten acres of land to the Sisters of Charity, on which in 1859 was established a school for young ladies that was the beginning of what is now the Immaculate Conception Acad- emy. Judge Mitchell possessed one of the finest private libraries in the state and was ever a man of broad and liberal culture, thoroughly informed concerning philosophy and kindred subjects, history and general branches of learning and research. He was extremely modest regarding his gifts of mind and would never attempt to write on law or literature, although his friends frequently urged him to do so. He spent some time in travel, especially in the south. To slavery as an institution he was strongly opposed but did not take an active part in slavery agitation. He suffered a stroke of apoplexy December 6, 1865, and died on the evening of that day. Funeral services were held December 8th, the impressive rites of the Catholic church being celebrated over the remains at St. Kuni- gunda's church, on which occasion Father Pelamourgues delivered a feeling and appropriate address, while the members of the Old Settlers Association attended
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