USA > Iowa > Des Moines County > History of Des Moines County, Iowa, Volume I > Part 2
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HISTORY OF DES MOINES COUNTY
journey until they came to the mouth of the Illinois River. Thence proceeded up that river to near its source ; then made a portage over the prairies to the Chicago River which they followed till they came to Lake Michigan. Here they parted, Joliet going to Quebec to report the discoveries he had made and Mar- quette to his missions among the Hurons. Thus ended one of the greatest dis- coveries on this continent, a discovery by which France laid claim to all the territory west of the Mississippi to the Rocky Mountains. The claim of France to the land existed for a short period of time when it was ceded to Spain, then, by the famous treaty of San Ildifonso, it became once more a French colony.
DEATH OF MARQUETTE
"On the Sth day of May, 1675, while with some of his boatmen, he was pass- ing up Lake Michigan, he asked them to land at the mouth of a stream near by. Leaving them in the canoe, he went away a short distance to pray. The boatmen waited some time for his return, then they recollected he had said something of the time of his death being near at hand, and sought him. They found him dead where he had been praying. His companions dug a grave near the mouth of the stream on whose banks he had offered his last earthly prayer, and there buried him in the sand."
"His solitary grave was made Beside thy waters, Michigan ; In the forest shade, The bones were laid.
Of a world-wide wondering man : By all the world unknown ; No mausoleum marks the spot, Nor monumental stone.
He died alone-no pious hand Smoothed the pillow for his head : No watching followers reared the tent, Or strewed the green leaves for his bed.
His followers left the holy man Beside a rustic altar kneeling- The slanting sunbeams' setting rays Through the thick forest branches stealing.
An hour has passed, and they returned ; They found him laying where he knelt, But lo! how changed : the calm of death Upon his marble features dwelt.
Even while he prayed his living soul Had to its native heaven fled, While the last twilight's holiest beams Fell, like a glory, on his head."
-Western Messenger.
CHAPTER II
THE LOUISIANA PURCHASE
The region west of the Mississippi was first explored to a certain extent by white men in 1512, but no settlement was made until in 1699, when two French gentlemen, Iberville and Bienville, during the reign of Louis XIV founded a colony in Louisiana. In 1712 the French king granted a charter to M. Crozot which included the then Province of Louisiana. At the termination of the French and Indian war, and the treaty in 1768, the British power was extended from the Atlantic to the main channel of the Mississippi; a tide of emigration began to pour into this country. The Ohio River was the means by which its occupation was greatly facilitated from the northern portions of the country; while from the Carolinas and Virginia the Cumberland Gap permitted a passage to the southern portion of the country. By the hardy pioneers the wilderness was being subdued, and the foundation of an empire laid. But no means of com- munication existed by which to reach the outside world, except down the Mis- sissippi, and through its month into the Gulf of Mexico. These people were hemmed in, and conditions were such that it was impossible to have communica- tions with their own countrymen on the Atlantic seaboard. Spain controlled the mouth of the Mississippi on both sides, and laid an embargo on every parcel of merchandise which passed into the Gulf of Mexico. These pioneers were men not to be fooled with, and let it be known to the authorities at Washington what they wanted. In 1788 Spain proffered to grant them the free navigation of the river on condition they would separate themselves from the United States and establish a government of their own, which proposition was rejected. Thomas Jefferson had been elected President, and was a strict constructionist of the Con- stitution, when a strict construction was necessary, and a loose constructionist when such in his opinion was necessary. He was a great politician but a poor lawyer. At this time the New England States were not overzealous for the free navigation of the Mississippi, for it would bring into competition with them things which they produced. Conditions were such, something had to be done to satisfy the West. When it was learned Spain had been compelled to cede to France all her domain west of the Mississippi, was Jefferson's opportunity to gain by diplomacy what must in the end be gained by war, if diplomacy failed. In 1788 Congress in a resolution had declared "The free navigation of the Missis- sippi to be a clear and essential right of the United States and ought to be enforced." A more foolish resolution was never put on paper, because Spain, at the time, owned and held both banks of the river and New Orleans was a port of entry. When Spain had control, the American minister at Madrid pro- posed, if Spain would cede to the United States what she held east of the Missis-
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HISTORY OF DES MOINES COUNTY
sippi and New Orleans, the United States would enter into a treaty that in no event would it claim any of the territory west of that river. But Spain would not agree to the proposition. On January II, 1803, Jefferson sent a message to the Senate in which he says: "The cession of the Spanish Province of Louisiana to France, and the suspension of our right of deposit at New Orleans are events of primary interest to the United States." Then he states: "Measures have been taken to prevent further causes of disquietude. The object of these meas- ures was to obtain territory on the left bank of the Mississippi, and eastward, if practicable, on conditions to which the proper authorities of our country could agree, or at least to prevent any changes which might lessen the secure exercise of our right." Mr. Livingston at this time was minister to France. Also in the above message Mr. Jefferson nominated Mr. Livingston minister plenipotentiary, and James Monroe minister extraordinary and plenipotentiary, with full powers to enter into a treaty with the First Consul of France for the purpose of enlarging and more effectually securing our rights and interests in the River Mississippi, and the tributaries castward thereof." It will be seen from the above, it never was the intention of Mr. Jefferson to acquire any territory west of the Mississippi. Above all things else. history wants to be reliable so as to give credit where it belongs. On the 16th of July, 1803, Mr. Jefferson issued a call for the convening of Congress on the 17th of October following, and in his message on its con- vening said: "We have not been unaware of the danger to which our peace would be exposed with so important a key to our commerce, if the western coun- try remained under foreign control. Propositions had been authorized for obtain- ing on fair conditions the sovereignty of New Orleans, and other possessions in that quarter interesting to our quiet, to such an extent as was deemed practicable, and an appropriation of $2.000,000 to be applied. The intelligent government of France saw with just discernment the importance to both nations such liberal arrangements as might best permanently promote the peace and interest of both, and the property and sovereignty of all of Louisiana be transferred to the United States." Then Mr. Jefferson in his message tells Congress "if it can constitu- tionally carry out the bargain to do so." The making of the bargain in the first instance belongs to Mr. Livingston, for Mr. Monroe did not reach Paris until after the bargain had been completed. At the special session called the Senate ratified the treaty. Thus for a bagatelle ($15,000,000) the United States acquired the whole of Louisiana. But the strange part of the transaction is, that it had to be shown to the administration at Washington by the First Consul, it was to our interest to obtain the whole instead of that small strip of land east of the Missis- sippi in which New Orleans was situated. What influenced Napoleon was not that he needed the money so badly, that he would cede away an empire twice as large as Europe, but of his inability to hold it against England and the Continent leagued against him.
CHAPTER III
PIKE'S EXPEDITION
On the 19th of October, 1803. the treaty agreed upon between Mr. Livingston and the First Consul was ratified by the Senate of the United States, and on the 3Ist of the same month the President was directed by the Congress to take pos- session, which was done on the 20th of December of the same year, through William C. C. Claiborne, who had been authorized to go to New Orleans for that purpose ; by hoisting the American flag, and the issuance of a proclamation informing the people of the change of the nationality of the territory in which they lived. On the 26th of March, 1804, Congress caused to be organized out of the territory purchased the Territory of Orleans, which territory was in 1812 admitted as a state into the Union, under the name of Louisiana. After the organization of the Territory of Orleans, the remainder of the land purchased from France was called the District of Louisiana. On March 3, 1805, this district was organized into a territory by the name of Louisiana, and Gen. James Wil- kinson appointed its governor. It was an unknown and uninhabited region, except by the Indians and some hunters and trappers, the white population not exceeding ten or twelve hundred souls. To know something of the land pur- chased, its climate, soil, and mineral resources, and to find out the navigability of its waters, two exploring expeditions were fitted out, one, known as the Lewis and Clark Expedition, which started from St. Louis on the 14th day of May, 1804. These explorers were to go up the Missouri River and explore a region entirely unknown. This expedition consisted of forty-two men, of whom Lewis and Clark had joint command. The other expedition was under the sole command of Zebulon M. Pike, a son of a hero of the Revolution. He was a young man, a lieutenant in the army, and distinguished himself not only in this exploration, but as an officer in the War of 1812. He was mortally wounded at the taking of Toronto, Canada, at which place he died. On the 9th of August, 1805, with twenty men under his command, he left St. Louis to explore the Mississippi River to its source. Among other things in his report he says: "We have arrived at the foot of the Rapids des Moines, which are immediately above the confluence of the river of that name with the Mississippi. The rapids are eleven miles long, with successive shoals, extending from shore to shore across the bed of the river. The channel, which is a bad one, is on the eastern side of the first two falls. It then passes under the edge of the third, crosses to the west side, and ascends that side all the way to a Sac village. We had passed the first and most difficult shoal when we were met by William Ewing, an agent of the United States, resid- ing at the Sac village, to instruct the Indians in agriculture. A French interpreter and fifteen men of the Sac Nation came with Mr. Ewing in their canoes (with a
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PLAT OF CRAPO PARK
SPOT WHERE LIEUTENANT PIKE LANDED AUGUST 23. 1-09
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HISTORY OF DES MOINES COUNTY
United States flag) to assist me over the rapids. Taking a part of my load and putting two pilots in my barges, we soon reached Mr. Ewing's house at the village." We wish to be particular as to this part of Lieutenant Pike's exploration for the purpose of showing that members of the "Stars and Stripes Chapter of the Daughters of the American Revolution of Burlington" are not mistaken as to the place Lieutenant Pike landed and unfurled the Stars and Stripes, and to com- memorate the same have placed in Crapo Park in the City of Burlington a large granite boulder on which is inscribed :
1 805 1905 COMMEMORATIVE OF THE FIRST UNFURLING OF THE STARS AND STRIPES ON THIS SITE BY LIEUT. ZEBULON M. PIKE SON OF A REVOLUTIONARY HERO AUGUST 23d. 1805 ERECTED BY THE STARS AND STRIPES CHAPTER, DAUGHTERS OF THE AMERICAN REVOLUTION, ON THE ONE HUNDREDTH ANNIVERSARY
On the 20th of August they had reached the mouth of the Des Moines River, and with difficulty passed over the rapids, and came to a Sac village situate at what is now the Town of Montrose. They stayed at this place over night, for the next morning he made known to the chief men of the village the purpose of the expedition. On August 23d he passed a number of islands, and the river was wide and full of sandbars. After ascending twenty-eight miles from the Sac village, they came to a place where the channel passes under a hill which rises perpendicularly to a height of about one hundred and sixty-six feet. "On the summit is a platform of about four hundred yards. In the rear is a small prairie of about ten acres, suitable for a garrison. Directly under the rocks is a lime- stone spring, which wouldl supply a regiment of men with water. The landing is bold and safe, and a road could easily be made up the hill for teams. Black and white oak timber are found in abundance. The hill continues for two miles, and gives rise to fine springs in this section. The view from the hill across the river east is very beautiful, showing broad prairies as far as the eye can reach. occasionally interrupted by groups of trees. We remained here for nine hours and saw traces of Indians. We learned that the largest Sac village was about two miles and a half westward on the prairie, and that this point was about half way between St. Louis and Prairie du Chien." From the description of the place where Lieutenant Pike landed it must have been where the Daughters of the American Revolution placed that granite boulder.
CHAPTER IV
ORGANIZATIONS OF THE DIFFERENT TERRITORIES OUT OF WHICH DES MOINES COUNTY, IOWA, CAME INTO EXISTENCE
To discover whence Iowa and Des Moines County came into existence as municipal bodies we will have to go back to 1784; at which time was ceded to the United States by Virginia what is called the North Western Territory, lying north of the Ohio and east of the Mississippi rivers, and extending to the northern boundary of the now United States. When the western boundary of the United States was extended to the Rocky Mountains, that portion west of the Mississippi River was called the New Northwest. On the 13th of July, 1787, Congress adopted an ordinance for the government of the territory northwest of the Ohio River, which ordinance forever consecrated it to freedom. In 1805, Congress passed an act dividing the Territory of Indiana into two separate governments. This act provided "That all that part of Indiana Territory which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan until it shall intersect Lake Erie, and east of a line drawn from the said southerly line through the middle of said lake to its northeast extremity, and thence due north to the north boundary of the United States, shall, for the purpose of temporary government, constitute a separate territory and shall be called Michigan.
In June, 1834, Congress adopted an act which provided "that all that part of the territory of the United States bounded on the east by the Mississippi River, on the south by the State of Missouri, and a line drawn due west from the north- east corner of said state to the Missouri River on the southwest, and on the west by the Missouri River and the White Earth River, flowing into the same; and on the north by the northern boundary of the United States, shall be attached to Michigan Territory." In the September following, all that part of Michigan Territory west of the Mississippi was by an act of the Territory of Michigan divided into two counties ; the dividing line was run due west from the lower end of Rock Island. The county south of this line was named Des Moines, the one north, Dubuque. Prior to this time settlements had been made at Flint Hills, now Burlington, and other points, and, it is claimed, the settlers were not subject to any government or law until in 1834. While in a sense this may be true, but as Englishmen they brought the common law of England with them and had the right to organize themselves into a political body and enforce that law. On the 20th of April, 1836, Congress passed an act creating the Territory of Wisconsin, and Henry Dodge was appointed its governor by President Jackson. Prior to this time this district was a part of Northwest Territory, and in 1809 was included in the Territory of Illinois, and so continued till 1818, when Illinois was admitted in the Union as a state. When organized in 1836 it was made to include that part of
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HISTORY OF DES MOINES COUNTY
Michigan lying west of the Mississippi and the limits of the now State of lowa. In 1836, Dr. Isaac Galland published at Montrose, Lee County, a newspaper called the Western Adventurer. Two years afterwards James G. Edwards, who subsequently became known as "Old Hawk," purchased the paper, removed its place of publication to Fort Madison, and changed its name to Fort Madison Patriot. Not only changed its name, but politics from one of democracy to one advocating the political principles of the whigs. The first number of the Patriot published a bill introduced in Congress by George W. Jones for a division of Wisconsin Territory.
The first session of the Wisconsin Legislature convened at Belmont in the then Iowa County, Wisconsin, in October, 1836. It selected Madison to be the capital of the territory and provided that until the capitol building was completed the Legislature meet at Burlington, in November, 1837.
The second session of the Legislature of Wisconsin met at Burlington on the first Monday of November, 1837; but prior to this time a call had been made for a convention of delegates from the west side of the Mississippi to meet in Burling- ton on the 6th of November to consider many things, and to memorialize Congress in reference thereto, among which was one for the organization of a territorial government over all that part of Wisconsin Territory west of the Mississippi River. This convention consisted of delegates chosen from Dubuque, Des Moines, Lee, Louisa, Van Buren, Henry, and Muscatine counties. The delegates chosen from Des Moines County were David Rorer, Robert Ralston, and Cyrus W. Jacobs. Cyrus W. Jacobs of Des Moines County was president of the convention ; vice presidents, W. V. Williams of Henry County and J. M. Clark of Louisa County. A committee was appointed to draft a memorial to Congress setting forth the reasons for the things asked. The committee to prepare the memorial for the territorial organization consisted of David Rorer of Des Moines County, who was chairman of the committee; S. C. Hastings of Muscatine County, Van Caldwell of Van Buren County, J. L. Meyers of Henry County, Jolin Claypool of Lee County, J. J. Rinearson of Louisa County. and G. W. Harris of Dubuque County. This committee made its report ; the report is a long one, but since it so largely explains the conditions existing at the time, we here set out the greater part of the report :
MEMORIAL
"To the Honorable Senate and House of Representatives of the United States in Congress Assembled :
"The memorial of a general convention of delegates from the respective coun- ties in the Territory of Wisconsin, west of the Mississippi River, convened at the capitol at Burlington in said territory. November 6, 1837, respectfully represents : "That the citizens of that part of the territory west of the Mississippi River. taking into consideration their remote and isolated position, and the vast extent of country included within the limits of the present territory, and the impractica- bility of the same being governed as an entire whole, by the best administration of our municipal affairs, in such manner as to fully secure individual rights, and the rights of property, as well as to maintain domestic tranquillity and the good order of society, have by their respective representatives, convened in general
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HISTORY OF DES MOINES COUNTY
convention as aforesaid, for availing themselves of the right of petition as free citizens, by representing their situation and wishes to your honorable body, and asking for the organization of a separate territorial government over that part of the territory west of the Mississippi River.
"Without in the least designing to question the official conduct of those in whose hands the fate of our infant territory has been confined, and in whose patriotism and wisdom we have the utmost confidence, your memorialists cannot refrain from the expression of their belief, that taking into consideration the geographical extent of her country, in connection with the probable population of Western Wisconsin, perhaps no territory of the United States has been so much neglected by the parent Government, so illy protected in the political and individual rights of her citizens.
"Western Wisconsin came into possession of our Government in June, 1833. Settlements were made and crops grown during the same season; and at that early day was the impulse given to the mighty throng of immigration that has subsequently filled our lovely and desirable country with people of intelligence, wealth and enterprise. In a little over four years, what has been the condition of Western Wisconsin ? Literally and practically a large portion of the time with- out a government. With a population of thousands, she has remained ungoverned, and has been left by the parent Government to take care of herself without the privilege on the one hand to provide a government of her own, and without any existing authority on the other to govern her. From June, 1833. to June, 1834, there was not even the shadow of government or law in all Western Wisconsin.
"In June, 1834, Congress attached her to the then existing Territory of Michi- gan, of which territory she nominally continued a part until July. 1836, a period of a little more than two years. During this time, the whole country west, sufficient of itself for a respectable state, was included in two counties. Dubuque and Des Moines. In each of these two counties there were holden during this time of two years, two terms of a county court of inferior jurisdiction, as the only sources of judicial relief, up to the passage of the act of Congress creating the Territory of Wisconsin. That act took effect the 3d of July, 1836, and the first judicial relief afforded under that act was at the April term following, 1837, a period of nine months after its passage ; subsequently to which time there had been a court holden in one solitary county of Western Wisconsin only. This, your memorial- ists are aware, has recently been owing to the unfortunate indisposition of the esteemed judge of our district ; but they are also aware of the fact that had West- ern Wisconsin existed under a separate organization, we should have found relief in the service of other members of the judiciary, who are at present, in conse- quence of the great extent of our territory and the small number of judges, dis- persed at too great a distance, and too constantly engaged in the discharge of the duties of their own district, to be able to afford relief to other portions of the territory. Thus, with a population now of not less than twenty-five thousand, and of near half that number at the organization of the territory, it will appear that we have existed as a portion of an organized territory for sixteen months with but one term of court.
"Your memorialists look upon these evils as growing exclusively out of the immense extent of country included within the present boundaries of the terri- tory, and express their belief that nothing would so effectually remedy the evil
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HISTORY OF DES MOINES COUNTY
as the organization of Western Wisconsin into a separate territorial government. To this your memorialists consider themselves entitled by right, and the same obligation that rests upon their present Government to protect them in the enjoy- ment of their rights, until such time as they shall be permitted to provide pro- tection for themselves, as well as from the uniform practice and policy of the Government in relation to other territories.
"Your memorialists therefore pray for the organization of a separate terri- torial government over that part of Wisconsin Territory lying west of the Missis- sippi River."
One of the reasons for the production of the memorial in these pages is to show that the men who wrote it were not ordinary men. But few papers can be found which are its equal in simplicity of language and clearness of statements. The report was unanimously adopted by the convention ; was then transmitted to Gen. George W. Jones, their delegate in Congress, through whose efforts the bill then pending to establish a separate territory became a law on the 12th day of June, 1838. The bill recited "That from and after the 3d day of July next. all that part of the present Territory of Wisconsin which lies west of the Missis- sippi River and west of a line drawn due north from the headwaters or sources of the Mississippi to the territorial limits, shall, for the purpose of temporary government, be and constitute a separate territorial government by the name of "Iowa." It will be seen from the above boundaries given, lowa Territory com- posed a large part of what is now Minnesota and Dakota. When the Legislative Assembly of Iowa Territory met at lowa City on the 4th of December, 1843. it adopted an act in accordance with which was submitted to the people the question of forming a state government. At this time the total white population was a little over seventy-five thousand, of which Des Moines County had 9.109. In accord- ance with the provisions of the act, an election was held in April for the pur- pose of ascertaining whether the people were in favor of a convention of delegates to frame a state constitution, from which it appeared 6,719 votes were in favor of such constitution and 3,974 against. As soon as the vote was ascertained, Governor Chambers issued a call for an election to nominate seventy-three dele- gates to frame a constitution. In selecting delegates to this convention party lines were strictly observed. The democrats had a large majority of the delegates in the convention. James Clarke, J. C. Hall, Henry Robinson. John D. Wright, Shepherd Leffler, Andrew Horton, Enos Lowe, John Ripley and George Hepner were from Des Moines County. J. C. Hall was an eminent lawyer and without a superior for his time. Shepherd Leffler was more of a politician, but both were democrats to the core. The convention met at Iowa City on the 17th of October, 1844, and continued in session till the first of the following November, and as a result of their labors, produced a constitution which, among other things, forbade the establishment of banking institutions. It defined the boundaries of the state as follows: "The south line the line separating Towa from Missouri, the west line the middle of the channel of the Missouri River north to the mouth of the Big Sioux ; thence in a direct line in a northeasterly direction to the middle channel of St. Peter's River ( Minnesota ), where the Watonwan River ( Blue Earth ) enters the same : thence down the middle of that river to the middle channel of the Mis- sissippi River, thence down the middle channel of that river to the place of begin-
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