USA > Iowa > Des Moines County > History of Des Moines County, Iowa, Volume I > Part 39
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From and prior to the organization of the state government the sons of Des Moines County have won for themselves both a name and fame of which the people of the county justly have feelings of pride. The first of its sons, and the first son of Iowa who gave his life for his country's cause on a foreign battle field was Capt. Frederick D. Mills of Burlington. Fourteen years had only passed away when its sons were again called upon to help save the country.
GEN. CHARLES L. MATTHIES
The subject of this sketch, a native of Germany, was born May 31, 1824. Died at the Union Hotel, Burlington, Iowa, October 16, 1868. Was devoted to his adopted country. Was both generous and liberal. He was Nature's free man. He loved children, although unmarried and had none of his own. Cared little for wealth, and was satisfied with the ordinary and simple comforts of life. When Mr. Lincoln issued his call for 75,000 volunteers for the suppression of the rebellion Mr. Matthies was the captain of a volunteer military company in Bur- lington. On reading the call he immediately telegraphed the President offering his services and that of his company to the Government. He was commissioned captain of Company D, First Iowa Infantry, on the 9th day of May, 1861. Was in the front line of the battle of Springfield and near General Lyon when he fell. For gallant services he was promoted to lieutenant colonel of the Fifth Iowa Infantry. Was afterwards commissioned brigadier general. General Rosecrans, in his report of the battle of Iuka says: "The glorious Fifth Jowa under the brave and distinguished Matthies, sustained by Boomer with part of the Twenty- fifth Missouri, bore the repeated charges and cross-fires of the enemy's left and center with a valor and determination never excelled by the most veteran sol- diery." General Hamilton in his official report says: "The Fifth Iowa, under the brave and accomplished Matthies, held its ground against four times its numbers, making their desperate charges with the bayonet, driving back the foe in disorder each time."
JACOB GARTER LAUMAN
Jacob Garter Lauman, a resident and citizen of Burlington, on the call of the President for volunteers, was commissioned colonel of the Seventh Iowa Infantry. In times of danger he was cool and brave, was a born soldier. He exhibited this quality of manhood in the first battle in which his regiment was engaged, Bel- mont, where he was wounded. It can be said, through his bravery and self-
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control, he saved the day at this battle. Was commissioned brigadier general for gallant services rendered his country. While sons of Des Moines County have become distinguished for the services rendered their country in the army, there are those who have won for themselves a name and the gratitude of the nation for distinguished services in the navy.
JOHN M. CORSE
There were few men in the volunteer service of the army who rose more rapidly than John M. Corse, a resident of Burlington. His father, John L. Corse, was one of the early settlers in the city where young Corse spent his boyhood days and received his early education.
When Mr. Lincoln issued his call for 400,000 volunteers, Mr. Corse offered his services to his country. He took an active part in providing enlistments in the volunteer service. When the Sixth Iowa Infantry Volunteers was organized he was commissioned major on July 6, 1861. After the regiment had gone south and seen some service, he was promoted colonel of the regiment on the 2Ist of May, 1862.
Colonel Corse was a great disciplinarian, and it was principally through his efforts as the commander of the regiment it became recognized one of the best drilled regiments in the service.
For distinguished services he was commissioned brigadier general on August II, 1863. It was because of the valor displayed by those veterans under his command Allatoona Pass was held with a force of about fifteen hundred against assaults made by 7,000 of the enemy.
On October 5, 1864, he was promoted major general.
The people of Burlington and Des Moines County have erected in Crapo Park his equestrian statue.
GEORGE GARTNER REMEY
The people of the county rightfully have feelings of admiration and respect for the subject of this sketch. George Collier Remey was born in Burlington, August 4, 1841. His father was one of the early settlers of the county, having come to Burlington in April, 1837. George C. Remey attended the schools of the city and graduated at the Burlington University, and at his graduation was awarded the medal for proficiency in his studies. Through Gen. A. C. Dodge, he received an appointment to a cadetship at the naval academy at Annapolis, when fourteen years of age. He graduated in the class of 1859 when eighteen years of age. At the commencement of the Civil war he was in China aboard warship on what is called in naval parlance the "firing line." Was on the U. S. Hartford for a time at the beginning of the war and engaged in the blockade service. Had command of a naval battery on Morris Island, S. C., for a time. A night attack was made on Fort Sumter, then in the possession of the enemy. The attack was made only by those who would volunteer and take the risk, and was not commanded by those in charge, on account of the great hazard of the undertaking. In this assault, George C. Remey, then twenty-two years of age, was taken prisoner and continued to be a captive of the enemy for fourteen
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months. Part of this time he was in Libby Prison, the balance in the jail at Columbia, S. C. Was released on parole, and a few months later was exchanged. After being exchanged, he went back into active service, and continued in it until the close of the war, and is still connected with the navy. He was promoted to a lieutenancy in August, 1861. Afterwards was promoted to lieutenant commander. From that to a captaincy and in the regular order of promotion to that of admiral. In the early 'zos he had charge of a surveying expedition for what was known as the Tehuantepec Canal Route. He reported the route feasible, but the cost of construction would be too great.
WILLIAM B. REMEY
Brother of George C. Remey, was born in Burlington in 1842. Died in Wash- ington, D. C., 1895. Was for a time connected with one of the departments of the Government in Washington, and while there studied law and was admitted to the practice. Soon after the breaking out of the Civil war, he entered the marine service of the United States. Had command of the marine guards on the U. S. Vanderbilt, a ship which Cornelius Vanderbilt had purchased and fitted as a war vessel, which he gave to the Government. Was present at the time and saw the battle between the Monitor and the Merrimac. Because of his legal ability was made judge advocate withi office at Washington. He held the office at the time of his decease.
EDWARD W. REMEY
Was born in Burlington, Iowa, in 1846. Like his brothers, his life was a sea life. Received his primary education in the schools of Burlington. When sixteen years of age he was through James W. Grimes appointed to a cadetship at Annapolis, U. S. Military Academy, where he graduated in the class of 1866. Never was a midshipman, but was commissioned a lieutenant on account of having seen service during the war. He was a practical sailor and loved that life. His nature was such he had great influence with sailors. He died at sea in 1885.
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HON. J. C. HALL First Judge of Supreme Court from Des Moines County
CHAPTER XVIII JUDICIAL DISTRICTS AND JUDGES AND OTHER OFFICES
MICHIGAN TERRITORY
In the year 1834 the territory north of Missouri and west of the Mississippi was attached to the Territory of Michigan for judicial purposes, and that part now comprising Iowa was divided into two counties, Des Moines and Dubuque. That part south of Rock Island to the mouth of the Des Moines River and fifty miles west of the Mississippi composed Des Moines County. As directed by the governor of Michigan, Dr. William R. Ross gave notice of an election to be held in the fall of 1834. At this election Col. William Morgan was chosen chief justice, George L. Hughes and Henry Walker assistant judges. At this election John King of Dubuque was elected one of the judges. The first court held in old Des Moines County, Michigan Territory, convened in the Town of Burling- ton, in a log house situated on North Hill, on lot No. - , original city. The judges presiding were William Morgan and George L. Hughes, who continued to hold office till the next election, which occurred in the fall of 1835. The first court held in Des Moines County convened on the 13th day of April, 1835, at the place above stated. Present, William Morgan and George L. Hughes, judges. At the fall election of 1835 were elected Isaac Leffler, Arthur Inghram and Henry Walker, judges. They entered upon the discharge of their duties on the IIth of April, 1836, at which time they held a session of court in Burlington. William R. Ross was the clerk.
WISCONSIN TERRITORY
The bill creating Wisconsin Territory was approved April 20, 1836, just one week after Leffler, Inghram and Walker, judges, had entered upon the discharge of the duties of their offices. Upon the organization of Wisconsin Territory, Gen. Henry Dodge was appointed its governor by President Jackson. The act of organization provided that the Legislative Assembly consist of a Council and House of Representatives, the Council to consist of thirteen members, whose term of office was fixed at four years, and the House to consist of twenty-six members, whose term of office was fixed at two years. The act also provided for calling of an election at such times and places as determined by the gov- ernor, but before the calling of an election a census of the territory be taken in order to apportion the number of representatives to each district. The first ses- sion of court held in old Des Moines County during the Wisconsin territorial existence convened at Burlington on the 3d of April, 1837. Hon. David Irwin,
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judge of the Second Judicial District and associate justice of the Supreme Court of Wisconsin, presided : William R. Ross, clerk, and Francis Gehorn, marshal. But we want to know what became of Justices Leffler, Inghram and Walker. The record shows that the last session which they held terminated on the 16th of April, 1836, just four days before Michigan Territory ceased to exist and Wisconsin Territory took its place. The organic act of Wisconsin failed to make provision for the holding over of the judges of Michigan Territory, but, on the contrary, provided that suits pending in the Michigan territorial courts be transferred and tried by the courts herein established. The result was, no district courts were held from the 16th of April, 1836, to the 8th of April. 1837, in Des Moines County. This was one of the reasons which led to the memorial we have set forth, asking that that part of Wisconsin Territory west of the Mississippi River be organized into a separate territory, which was accomplished June 12, 1838.
IOWA TERRITORY
The law organizing Iowa Territory, June 12, 1838, provided that the gov- ernor shall nominate, and, by the advice and consent of the Legislative Council, "shall appoint all judicial officers, justices of the peace, sheriffs," etc. That the judicial power shall be vested in a Supreme Court, District Court and in justices of the peace. It provided for the division of the territory into three judicial districts, and a District Court to be held in each district by one of the judges, the judges of the District courts to constitute the Supreme Court. The Leg- islative Assembly of Wisconsin Territory on the 19th of January. 1838, passed an act entitled, "An act to amend an act concerning the Supreme and District courts, and defining their powers and duties and the commencement of actions in the District courts." This act was repealed by an act of the General Assembly of Iowa Territory, December 14, 1838. On November 28, 1838, the Legislative Assembly of Iowa Territory passed an act by which the Supreme Court of Iowa Territory was to be held at Burlington on the 28th of November, 1838, the date of the approval of the act. The Legislative Assembly on January 25, 1839, passed an act fixing the times of the Supreme and District courts and for other purposes. By the eighth section of the act the counties of Des Moines, Lee, Henry and Van Buren were to comprise the First Judicial District ; the counties of Louisa, Muscatine, Cedar, Johnson and Slaughter (Washington) to consti- tute the Second Judicial District ; the counties of Jackson, Dubuque, Scott and Clayton to constitute the Third Judicial District. The governor had appointed Hon. Charles Mason chief justice of the Supreme Court, Joshua Williams and Thomas S. Wilson associate justices. Judge Mason was assigned to the First District, Joseph Williams to the Second and Thomas S. Wilson to the Third. For judicial purposes Lynn County was attached to Johnson County, Jones to Cedar and Clinton to Scott. At this time we had thirteen counties with three judges to do the work. From November, 1838, to January 10, 1842, Burlington was the place at which sessions of the Supreme Court were held. The Territorial Legislature on the toth of February, 1842, passed an act which provided, "The Supreme Court should have and exercise appellate jurisdiction only, and shall have final and conclusive jurisdiction in all cases wherein the rules of law or
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equity prevail." The first session of the District Court of Des Moines County, Iowa Territory, convened at Burlington, November 26, 1838, the Hon. Thomas S. Wilson, associate justice, presiding ; John S. Dunlap, clerk ; Alfred Rich, pros- ecuting attorney.
STATE OF IOWA
The constitution of Iowa provided: "The judicial power shall be vested in a Supreme Court, District Court and such other inferior courts as the General Assembly may from time to time establish. The Supreme Court to consist of a chief justice and two associate justices." One of the first acts of the State General Assembly was to divide the state into four judicial districts-First Dis- trict, the counties of Lee, Des Moines, Louisa and Washington. This act went into force February 4, 1847. The above named counties constituted the First Judicial District until January 22, 1853, when the governor approved an act which provided that the counties of Lee, Des Moines, Louisa and Henry "shall constitute the First Judicial District." The Legislature on April 3, 1868, passed an act establishing the Circuit Court and a General Term Court, and defined the powers of the same. The Circuit Court was abolished by an act of the Leg- islature approved April 10, 1886. The act abolishing the Circuit Court enlarged the powers and jurisdiction of the District Court by giving it jurisdiction over all probate matters. By the provisions of the act there was a general reorganiza- tion of the judicial districts of the state. This act provided that the First Judicial District shall consist of the counties of Lee and Des Moines. Henry County was attached to the Second District and Louisa to the Sixth. Des Moines County remained in the First District until 1896, when the General Assembly passed an act which provided the counties of Des Moines, Henry and Louisa constitute the Twentieth Judicial District.
JUDGES OF THE FIRST JUDICIAL DISTRICT OF IOWA WHO HAVE HELD COURT IN DES MOINES COUNTY :
Term
Name- Residence
1847-1852
George W. Williams Lee County
Keokuk, Lee County 1852-1857
Ralph P. Lowe.
Keokuk, Lee County. 1857-
Thomas H. Clagett
Columbus City, Louisa County. 1858-1869
Francis Springer
Burlington, Des Moines County 1869-1874
Joshua Tracy .
Burlington, Des Moines County 1874-
P. Henry Smyth.
Burlington, Des Moines County
1874-1878
Thomas W. Newman
Burlington, Des Moines County 1878-1886
Charles H. Phelps
Fort Madison. Lee County 1887-1895
Joseph M. Casey
Keokuk. Lee County. 1895-
Alvin M. McCrary
James D. Smyth. Burlington, Des Moines County 1891-1897
1
Abraham H. Stutsman
Burlington, Des Moines County 1887-1891
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HISTORY OF DES MOINES COUNTY
TWENTIETHI JUDICIAL DISTRICT
Name- Residence Term
James D. Smyth. Burlington, Des Moines County. 1897-
Winfield S. Withrow Mount Pleasant. Henry County. 1896-1913
Oscar Hale Wapello, Louisa County. .1913-
P. Henry Smyth served but a short time when he resigned and Thomas W. Newman was appointed to fill the vacancy.
Winfield S. Withrow was appointed associate justice of the Supreme Court and Oscar Hale appointed to fill vacancy.
PROBATE COURT
During the Michigan, Wisconsin and Iowa territorial existence of lowa there existed what was called a Probate Court. This court had jurisdiction of the probate of wills of deceased persons and the settlement of their estates. The Legislative Assembly of Iowa Territory passed an act of date January 25, 1839, specifically defining the mode of procedure in the Probate Court and the admin- istration and settlement of decedent's estates. By this act a widow in all cases was allowed one bed and bedding, the wearing apparel of herself and family, one milk cow and calf, her saddle and bridle, one horse, household and kitchen furniture sufficient for herself and family, and provisions for the same for one year. If the deceased husband did not have any of the above articles and left other property, then she was entitled to the money value of a cow and calf, etc. The title of the property of the deceased dying intestate descended in equal shares to his children, the share of a deceased child going to his children. No distinction was made between the whole and half blood, but in all cases the fee title was subject to the common law of dower in the widow, and if the deceased a wife, then he took his courtesy as at common law. When a will gave the widow a certain portion of property, either real or personal, even if the will failed to state it was given in lieu of dower, she took in lieu of dower unless within six months she executed a written instrument and delivered it to the probate judge renouncing the provisions for her benefit made in the will. The Legislative Assembly of Iowa Territory passed an act of date February 13, 1843, which provided, a person dying intestate, his property shall descend as follows: First, in equal shares to his children and to the issue of any deceased child by right of representation. Second, if he leave no issue, then to his father. Third, if he have no issue, nor father, his estate shall be divided equally among his brothers and sisters, and to the children of any brother or sister, and to the children of any brother or sister by right of representation ; provided, if he have a mother she will take an equal share with his brothers and sisters. Fourth, if he shall have no issue, no father, and no brother or sister, his estate shall descend to his mother to the exclusion of any issue. if any, of deceased brothers or sisters. Fifth, if he have no issue, and no father, mother, brother or sister, his estate descends to his next of kin in equal degree. Sixth, if any person shall die, leav- ing several children, or having one child, and the issue of one or more others, and any such living child shall die under age and not having been married, all
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HISTORY OF DES MOINES COUNTY
the estate that came to the deceased child by inheritance front such deccased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who shall have died, by right of rep- resentation. Seventh, if at the death of such child, who shall die under age and not having been married, all the other children of his said parent shall also be dead, and any of the same shall have left issue, the estate that came to said child by inheritance from his said parent shall descend to all the issue of the other children of the same parent, and if all the said issue are in the same degree of kindred to the said child, they shall share the said estate equally, otherwise they shall take according to the right of representation. Eighth, if the intestate leave no kindred, his estate shall escheat to the people of the territory or state.
Section 2. Every illegitimate child shall be considered as heir of his mother, and shall inherit her estate in whole or in part, as the case may be, in like man- ner as if he had been born in lawful wedlock, but he shall not be allowed to claim, as representing his mother, any part of the estate of any of her kindred, either lineal or collateral.
If any illegitimate child shall die intestate, without lawful issue, his estate shall descend to his mother, except as follows: When, after the birth of an illegitimate child, his parents shall intermarry, and his father shall, after the marriage, acknowledge him as his child, such child shall be considered as legiti- mate. The act provided, "Nothing contained in this chapter shall affect the title of the husband as tenant by the courtesy, nor that of a widow as tenant in dower."
The code of 1851 took effect July 1, 1851. Under the head, "The disposition of real property," it was provided, "One third in value of all the real estate in which the husband at any time during the marriage had a legal or equitable interest, which had not been sold on execution, etc., or to which she had not made relinquishment of her rights, shall under the direction of the court be set apart by the executor as her property in fee simple upon the death of the hus- band if she survive him." This act provided the widow's dower could not be affected by any will of the husband if she objects thereto and relinquishes all the rights conferred upon her by the will. The remaining estate, in the absence of any will, descended in equal shares to his children. If one of his children be dead, the heirs of such child inherit by right of representation. If the intestate leave no issue, the one-half of his estate (including the dower of his wife) shall go to his father and the other half to his wife, and if he leave no wife nor issue, the whole shall go to his father. If his father be previously dead, the portion which would have fallen to his share shall be disposed of in the same manner as though he had outlived the intestate and died in the ownership of the portion falling to his share, and so on through each ascending ancestor and his issue unless heirs are sooner found. If heirs are not found in the male line, the por- tion thus uninherited shall go to the mother of the intestate, and to her heirs, following the same rules as above described. If heirs are not thus found, the portion uninherited shall go to the wife of the intestate, or to her heirs if dead, according to like rules; and if he has had more than one wife, who either died or survived in lawful wedlock, it shall be equally divided between the one living and the heirs of those who are dead, such heirs taking by the right of repre- sentation. If there remain property uninherited, it shall escheat to the state. Illegitimate children inherit from the mother and the mother from the children.
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All the provisions made in relation to the widow of a deceased husband shall be applicable to the husband of a deceased wife. The estate of courtesy was abolished.
The General Assembly passed an act which took effect July 1, 1853, which repealed the provisions of the code of 1851 in reference to the widow's share in her deceased husband's estate, and in lieu thereof provided, "One-third in value of all the real estate in which the husband at any time during the mar- riage had a legal or equitable interest, and to which the wife had made no relin- quishment of her rights, shall under the direction of the court be set apart by the executor as her property in dower upon the death of the husband. Said estate in dower to be and remain the same as at common law."
The Ninth General Assembly passed an act which was approved April 8. 1862, which took effect April 18, 1862, repealing the act of July 1, 1853, and in lieu thereof provided, "One-third in value of all the real estate in which the hus- band had a legal or equitable interest at the time of his death to which she had not made any relinquishment of her rights shall be set apart to her in fee simple." The provisions of the Ninth General Assembly in reference to the widow's share in her deceased husband's estate were so enacted by the code of 1873, the hus- band having the same share in his deceased wife's estate. Dower and courtesy at common law abolished. The law thus remains at the present time.
I have gone into the history of legislation on this matter as much as space will permit. I did so for the reason the subject is one of the greatest importance and with which so few people are familiar.
JUDGES OF PROBATE COURTS OF DES MOINES COUNTY DURING TERRITORIAL EXISTENCE
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