USA > Iowa > Floyd County > History of Floyd County, Iowa : together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons, and biographies of representative citizens > Part 14
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104
In closing this section we again would impress upon the minds of our readers the fact that they owe a debt of gratitude to those who pioneered this State, which can be but partially repaid. Never
142
HISTORY OF IOWA.
grow unmindful of the peril and adventure, fortitude, self-sacrifice and heroic devotion so prominently displayed in their lives. As time sweeps on in its ceaseless flight, may the cherished memories of them lose none of their greenness, but may future generations alike cherish and perpetuate them with a just devotion to gratitude.
TERRITORIAL HISTORY.
The immigration to Iowa after the Black Hawk purchase was so rapid and steady that some provision for civil government be- came necessary. Accordingly, in 1834, all the territory compris. ing the present States of Iowa, Wisconsin and Minnesota was made subject to the jurisdiction of Michigan Territory. Up to this time there had been no county or other organization in what is now the State of Iowa, although one or two justices of the peace had been appointed and a postoffice was established at Dubuque in 1833. In September of 1834, therefore, the Territorial Legislature of Michigan created two counties on the west side of the Mississippi River,-Dubuque and Des Moines, separated by a line drawn westward from the foot of Rock Island. These counties were par- tially organized. John King was appointed Chief Justice of Du- buque County, and Isaac Leffler, of Burlington, of Des Moines County. Two associate justices, in each county, were appointed by the governor.
In October, 1835, Gen. George W. Jones, now a citizen of Du- buque, was elected a delegate to Congress. April 20, 1836, through the efforts of Gen. Jones, Congress passed a bill creating the Territory of Wisconsin, which went into operation July 4 of the same year. Iowa was then included in the Territory of Wis- consin, of which Gen. Henry Dodge was appointed Governor; John S. Horner, Secretary; Charles Dunn, Chief Justice; David Irwin and William C. Frazer, Associate Justices.
Sept. 9, 1836, Governor Dodge ordered a census of the new Ter- ritory to be taken. This census showed a population of 10,531, of which Des Moines County contained 6,257, and Dubuque, 4,274. Under the apportionment, these two counties were entitled to six members of the Council and 13 of the House of Representatives. The governor issued his proclamation for an election to be held on the first Monday of October, 1836, on which day the following members of the first Territorial Legislature of Wisconsin were elected from the two counties in the Black Hawk purchase.
143
HISTORY OF IOWA.
Dubuque .- Council: John Fally, Thomas McKnight, Thomas McCraney. House: Loring Wheeler, Haldin Whelan, Peter Hill Engle, Patrick Quigly, Hosea F. Camp.
Des Moines .- Council: Jeremiah Smith, jr., Joseph B. Teas, Arthur B. Ingram. House: Isaac Leffler, Thomas Blair, Warren L. Jenkins, John Box, George W. Teas, Eli Reynolds, David R. Chance.
The Legislature assembled at Belmont, in the present State of Wisconsin, Oct. 25, 1836, and organized by electing Henry T. Baird, President of the Council, and Peter Hill Engle, of Dubuque, Speaker of the House. At this session the county of Des Moines was divided into Des Moines, Lee, Van Buren, Henry, Muscatine and Cook. This last is now called Scott County. The first Leg- islature adjourned Dec. 9, 1836.
The second Legislature assembled at Burlington, Nov. 9, 1837. It divided Dubuque into the counties of Dubuque, Clayton, Fay- ette, Delaware, Buchanan, Jackson, Jones, Linn, Benton, Clinton and Cedar, and adjourned Jan. 20, 1838. A third session was held at Burlington, commencing June 1, and ending June 12, 1838. Most of the new counties were not organized until several years afterward, under the authority of the Territorial Legislature of Iowa.
As early as the fall of 1837, the question of a separate Territo- rial organization for Iowa began to be agitated. The wish of the people found expression in a convention held Nov. 1, which me- morialized Congress to organize a Territory west of the Mississippi, and to settle the boundary line between Wisconsin Territory and Missouri. The Territorial Legislature of Wisconsin, then in ses- sion at Burlington, joined in the petition. Gen. George W. Jones, of Dubuque, then residing at Sinsinawa Mound, in what is now Wisconsin, was delegate to Congress from Wisconsin Territory, and labored so earnestly that the act was passed dividing the Ter- ritory of Wisconsin, and providing for the Territorial government of Iowa. This was approved June 12, 1838, to take effect and be in force on and after July 3, 1838. The new Territory embraced "all that part of the present Territory of Wisconsin which lies west of the Mississippi River, and west of a line drawn due north from the head-waters or sources of the Mississippi to the Territorial line." The organic act provided for a governor, whose term of office should be three years, and for a secretary, chief justice, two as- sociate justices, and attorney and marshal, who should serve four
.
144
HISTORY OF IOWA.
years, to be appointed by the President, by and with the advice and consent of the Senate. The act also provided for the election, by the white male inhabitants, citizens of the United States, over 21 years of age, of a House of Representatives, consisting of 26 mem- bers, and a Council, to consist of 13 members. It also appropri- ated $5,000 for a public library, and $20,000 for the erection of public buildings.
In accordance with this act, President Van Buren appointed ex- Governor Robert Lucas, of Ohio, to be the first Governor of the new Territory. Wm. B. Conway, of Pittsburg, was appointed Secretary of the Territory; Charles Mason, of Burlington, Chief Justice, and Thomas S. Wilson, of Dubuque, and Joseph Williams, of Pennsylvania, Associate Judges of the Supreme and District Courts; Mr. Van Allen, of New York, Attorney; Francis Gehon, of Dubuque, Marshal; Augustus C. Dodge, Register of the Land Office at Burlington, and Thomas McKnight, Receiver of the Land Office at Dubuque. Mr. Van Allen, the District Attorney, died at Rockingham soon after his appointment, and Col. Charles Weston was appointed to fill his vacancy. Mr. Conway, the Secretary, also died at Burlington during the second session of the Legislature, and James Clarke, editor of the Gazette, was appointed to succeed him.
Governor Lucas, immediately after his arrival, issued a proclama- tion for the election of members of the first Territorial Legislature, to be held on the 10th of September, dividing the Territory into election districts for that purpose, and appointing the 12th of November for the meeting of the Legislature to be elected at Bur- lington. The members were elected in accordance with this proc- lamation, and assembled at the appointed time and place. The fol- lowing are their names:
Council .- Jesse B. Brown, J. Keith, E. A. M. Swazey, Arthur Ingram, Robert Ralston, George Hepner, Jesse J. Payne, D. B. Hughes, James M. Clark, Charles Whittlesey, Jonathan W. Parker, Warner Lewis, Stephen Hempstead.
House .- Wm. Patterson, Hawkins Taylor, Calvin J. Price, James Brierly, James Hall, Gideon S. Bailey, Samuel Parker, James W. Grimes, George Temple, Van B. Delashmutt, Thomas Blair, George H. Beeler, Wm. G. Coop, Wm. H. Wallace, Asbury B. Porter, John Frierson, Wm. L. Toole, Levi Thornton, S. C. Hastings, Robert G. Roberts, Laurel Summers, Jabez A. Burchard, Jr., Chauncey Swan, Andrew Bankson, Thomas Cox and Hardin Nowlin.
.
145
HISTORY OF IOWA.
Although a large majority of both branches of the Legislature were Democrats, Gen. Jesse B. Brown (Whig), of Lee County, was elected President of the Council, and Hon. William H. Wallace (Whig), of Henry County, Speaker of the House of Representa- tives-the former unanimously and the latter with but little oppo- sition. At that time national politics were little heeded by the people of the new Territory, but in 1840, during the Presidential campaign, party lines were strongly drawn.
At the same time with this Legislature, a Congressional delegate was also elected. Out of four candidates, Wm. W. Chapman was elected.
The first session of the Iowa Territorial Legislature was a stormy and exciting one. By the organic law, the governor was clothed with almost unlimited veto power. Governor Lucas seemed disposed to make free use of it, and the independent Hawkeyes could not quietly submit to arbitrary and absolute rule, and the result was an unpleas- ant controversy between the executive and legislative departments. Congress, however, by act approved March 3, 1839, amended the organic law by restricting the veto power of the governor to the two-thirds rule, and took from him the power to appoint sheriffs and magistrates. Among the first important matters demanding attention was the location of the seat of government and provision for the erection of public buildings, for which Congress had appro- priated $20,000. Governor Lucas, in his message, had recommended the appointment of commissioners, with a view to selecting a cen-
tral location. The extent of the future State of Iowa was not known or thought of. Only on a strip of land 50 miles- wide, bor- dering on the Mississippi River, was the Indian title extinguished and a central location meant some central point in the Black Hawk Purchase. The friends of a central location supported the govern- or's suggestion. The southern members were divided between Burlington and Mount Pleasant, but finally united on the latter as the proper location for the seat of government. The central and southern parties were very nearly equal, and in consequence, much excitement prevailed. The central party at last triumphed, and Jan. 21, 1839, an act was passed appointing Chauncey Swan, of Dubuque County, John Ronalds, of Louisa County, and Robert Ralston, of Des Moines County, commissioners, to select a site for a permanent seat of government within the limits of Johnson County.
9
146
HISTORY OF IOWA.
The first settlement within the limits of Johnson County was made in 1837. The county was created by act of the Territorial Legislature of Wisconsin, approved Dec. 21, 1837, and organ- ized by act passed at the special session at Burlington, in June, 1838, the organization to date from July 4, following. Napoleon, on the Iowa River, a few miles below the future Iowa City, was designated as the temporary county-seat.
All things considered, the location of the capital in Johnson County was a wise act. The Territory was bounded on the north by the British possessions; cast, by the Mississippi River, to its source; thence by a line drawn due north to the northern bound- ary of the United States; south, by the State of Missouri, and west, by the Missouri and White Earth Rivers. But this immense territory was in undisputed possession of the Indians, except a strip on the Mississippi known as the Black Hawk Purchase. Johnson County was, from north to south, in the geographical cen- ter of this purchase, and as near the east and west geographical center of the future State of Iowa as could then be made, as the boundary line between the lands of the United States and the In- dians established by the treaty of Oct. 21, 1837, was immediately west of the county limits.
After selecting the site, the commissioners were directed to lay out 640 acres into a town, to be called Iowa City, and to proceed to sell lots and erect public buildings thereon, Congress having granted a section of land to be selected by the Territory for this purpose. The commissioners met at Napoleon, Johnson County, May 1, 1839, selected for a site section 10, in township 79 north, of range 6 west of the fifth principal meridian, and immediately sur- veyed it and laid off the town. The first sale of lots took place Aug. 16, 1839. The site selected for the public buildings was a little west of the center of the section, where a square of 10 acres on the elevated grounds overlooking the river was reserved for the purpose. The capitol is located in the center of this square. The second Territorial Legislature, which assembled in November, 1839, passed an act requiring the commissioners to adopt such plan for the building that the aggregate cost when complete should not exceed $51,000, and if they had already adopted a plan involving a greater expenditure, they were directed to abandon it. Plans for the building were designed and drawn by Mr. John F. Rague, of Springfield, Ills., and July 4, 1840, the corner-stone of the edi-
147
HISTORY OF IOWA.
fice was laid with appropriate ceremonies. Samuel C. Trowbridge was marshal of the day, and Gov. Lucas delivered the address on that occasion.
July 13, 1840, Gov. Lucas announced to the Legislature then as- sembled in special session that on the 4th of that month he had visited Iowa City, and found the basement of the capitol nearly completed. A bill authorizing a loan of $20,000 for the building was passed Jan 15, 1841, the unsold lots of Iowa City being the security offered, but only $5,500 was obtained under the act.
Monday, Dec. 6, 1841, the fourth Legislative Assembly met at the new capital, Iowa City, but the capitol building could not be used, and the Legislature occupied a temporary frame house, that had been erected for that purpose during the session of 1841-'2. At this session, the superintendent of public buildings (who, with the Territorial agent, had superseded the commissioners first appointed), estimated the expense of completing the building at $33,330, and of completing rooms for the use of the Legislature at $15,600.
During the following year, the superintendent commenced ob- taining stone from a new quarry, about 10 miles northeast of the city. This is now known as the "Old Capitol Quarry," and is thought to contain an immense quantity of excellent building stone. Here all the stone for completing the building was obtained, and it was so far completed, that on the 5th day of December, 1842, the Legislature assembled in the new capitol. At this session, the super- intendent estimated that it would cost $39,143 to finish the building. This was nearly $6,000 higher than the estimate of the previous year, notwithstanding a large sum had been expended in the mean- time. This rather discouraging discrepancy was accounted for by the fact that the officers in charge of the work were constantly short of funds. Except the Congressional appropriation of $20,000, and the loan of $5,500 obtained from the Miner's Bank, of Dubuque, all the funds for the prosecution of the work were derived from the sale of the city lots (which did not sell very rapidly), from certificates of indebtedness, and from scrip, based upon unsold lots, which was to be received in payment for such lots when they were sold. At one time the superintendent made a requisition for bills of iron and glass, which could not be obtained nearer than St. Louis. To meet this, the agent sold some lots for a draft, payable at Pitts- burg, Pa., for which he was compelled to pay 25 per cent. ex- change. This draft, amounting to $507, that officer reported to be
14S
HISTORY OF IOWA.
more than one-half the cash actually handled by him during the entire season, when the disbursements amounted to very nearly $24,000. With such uncertainty, it could not be expected that the estimate could be very accurate. With all these disadvantages, however, the work appears to have been prudently prosecuted, and as rapidly as circumstances would permit.
In 1841, John Chambers succeded Robert Lucas as Territorial Governor. The office was held by him until 1845, when it was filled by James Clarke.
The first Legislative Assembly laid the broad foundation of civil equality, on which has been constructed one of the most liberal governments in the Union. Its first act was to recognize the equality of woman with man before the law by providing that "no action commenced by a single woman, who marries during the pen- dency thereof, shall abate on account of such marriage." This principle has been adopted in all subsequent legislation in Iowa, and to-day woman has full and equal rights with man, excepting only the right of the ballot.
Religious toleration was also secured to all, personal liberty strictly guarded the rights and privileges of citizenship extended to all white persons, and the purity of elections secured by heavy penalties against bribery and corruption. The judiciary power was vested in a Supreme Court, District Court, Probate Court and justices of the peace. Real estate was made divisible by will, and intestate property divided equitably among heirs. Murder was made punishable by death, and proportionate penalties fixed for lesser crimes. A system of free schools, open for every class of white citizens, was established. Provision was made for a sys- tem of roads and highways. Thus, under the Territorial organiza- tion, the country began to emerge from a savage wilderness, and take on the forms of civil government.
The Territorial Legislature held its eighth and last session at Iowa City, commencing Dec. 1, 1845. James Clark was the same year appointed the successor of Governor Chambers, and was the third and last Territorial governor. In 1843 the Territorial Legis- lature compiled and published a code of general statutes, making a volume of 800 pages, that continued in force until July, 1851.
THE MISSOURI WAR.
In defining the boundaries of the counties bordering on Missouri, the Iowa authorities had fixed a line which has since been estab-
149
HISTORY OF IOWA.
lished as the boundary between Iowa and Missouri. The constitu- tion of Missouri defined her northern boundary to be the parallel of latitude which passes through the rapids of the Des Moines River. The lower rapids of the Mississippi immediately above the mouth of the Des Moines River had always been known as the Des Moines Rapids, or the " rapids of the Des Moines River." The Missou- rians (evidently not well versed in history or geography), insisted on running the northern boundary line from the rapids in the Des Moines River, just below Keosauqua, thus taking from Iowa a strip of territory eight or 10 miles wide. Assuming this as her northern boundary line, Missouri attempted to exercise jurisdiction over the disputed territory by assessing taxes, and sending her sheriffs to collect them by distraining the personal property of the settlers. The Iowans, however, were not disposed to submit, and the Missouri officials were arrested by the sheriffs of Davis and Van Buren Counties and confined in jail. Gov. Boggs, of Missouri, called out his militia to enforce the claim and sustain the officers of Missouri. Gov. Lucas called out the militia of Iowa. About 1,200 men were enlisted, and 500 were actually armed and encamped in Van Buren County, ready to defend the integrity of the Terri- tory. Subsequently, Gen. A. C. Dodge, of Burlington, Gen. Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were sent to Missouri as envoys plenipotentiary, to effect, if possible, a peaceable adjustment of the difficulty. Upon their arrival, they found that the county commissioners of Clark County, Missouri, had rescinded their order for the collection of the taxes, and that Gov. Boggs had dispatched messengers to the governor of Iowa proposing to submit an agreed case to the Supreme Court of the United States for the settlement of the boundary question. This proposition was declined; but afterward, upon petition of Iowa and Missouri, Congress authorized a suit to settle the controversy. The suit was duly instituted, and resulted in the decision that Iowa had only asserted " the truth of history," and that she knew where the rapids of the Des Moines River were located. Thus ended the Missouri war. "There was much good sense," says Hon. C. C. Nourse, "in the basis upon which peace was secured, to-wit: 'If Missourians did not know where the rapids of the river Des Moines were located, that was no sufficient reason for killing them off with powder and lead; and if we did know a little more of history and geography than they did, we ought not to be shot for our learning. We commend our mutual forbearance to
-
150
HISTORY OF IOWA.
older and greater people.' " Under an order from the Supreme Court of the United States, Wm. G. Miner, of Missouri, and Henry B. Hendershott, of Iowa, acted as commissioners and surveyed and established the boundary. The expenses of the war on the part of Iowa were never paid, either by the United States or the Territo- rial government. The patriots who furnished supplies to the troops had to bear the cost and charges of the struggle.
STATE ORGANIZATION.
The population being sufficient to justify the formation of a State government, the Territorial Legislature of Iowa passed an act which was approved Feb. 12, 1844, submitting to the people the ques- tion of the formation of a State constitution and providing for the election of delegates to a convention to be convened for that pur- pose. The people voted upon this at their township elections in the following April. The measure was carried by a large majority, and the delegates elected assembled in convention at Iowa City, Oct. 7, 1844. On the first day of November following, the conven- tion completed its work and adopted the first State constitution.
Hon. Shepherd Leffler, the president of this convention, was instructed to transmit a certified copy of this constitution to the delegate in Congress, to be by him submitted to that body at the earliest practicable day. It also provided that it should be sub- mitted, together with any conditions or changes that might be made by Congress, to the people of the Territory, for their approval of rejection, at the township election in April, 1845.
The Constitution as thus prepared provided the following bound- aries for the State: Beginning in the middle of the channel of the Mississippi River, opposite the mouth of the Des Moines River; thence up the said river Des Moines, in the middle of the main channel thereof, to a point where it is intersected by the old In- dian boundary line, or line run by John C. Sullivan in 1816; thence westwardly along said line to the " old " northwest corner of Mis- souri; thence due west to the middle of the main channel of the Missouri River; thence up the middle of the main channel of the river last mentioned, to the mouth of the Sioux or Calumet River; thence in a direct line to the middle of the main channel of the St. Peter's River, where the Watonwan River-according to Nicollet's map-enters the same; thence down the middle of the main chan-
151
HISTORY OF IOWA.
nel of the said river to the middle of the main channel of the Mis- sissippi River; thence down the middle of the main channel of said river to the place of beginning.
These boundaries were considerably more extended than other Western States, and Congress therefore amended the constitution, by act approved March 3, 1845, as follows: Beginning at the mouth of the Des Moines River, at the middle of the Mississippi; thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato or Blue Earth River; thence west, along said parallel of latitude, to a point where it is intersected by a meridian line 17° 30' west of the meridian of Washington City; thence due south, to the northern boundary line of the State of Missouri; thence eastwardly, following that bound- ary to the point at which the same intersects the Des Moines River; thence by the middle of the channel of that river to the place of beginning.
Had these boundaries been accepted, they would have placed the northern boundary of the State about 30 miles north of its pres- ent location, and would have deprived it of the Missouri slope and the boundary of that river. The western boundary would have been near the west line of what is now Kossuth County. But it was not so to be. In consequence of this radical and unwelcome change in the boundaries, the people refused to accept the act of Congress, and rejected the constitution, at the election held Aug. 4, 1845, by a vote of 7,656 to 7,235.
May 4, 1846, a second convention met at Iowa City, and on the 18th of the same month another constitution, prescribing the boundaries as they now are, was adopted. This was accepted by the people Aug. 3, by a vote of 9,492 to 9,036. The new constitu- tion was approved by Congress, and Iowa was admitted as a sov- ereign State in the American Union, Dec. 28, 1846.
The people of the State, anticipating favorable action by Con- gress, held an election for State officers Oct. 26, which resulted in Ansel Briggs being declared Governor; Elisha Cutler, jr., Secre- tary of State; Joseph T. Fales, Auditor; Morgan Reno, Treasurer; and members of the Senate and House of Representatives.
The act of Congress which admitted Iowa, gave her the 16th section of every township of land in the State, or its equivalent, for the support of schools; also 72 sections of land for the purpose of a university; also five sections of land for the completion of her pub- lic buildings; also the salt springs within her limits, not exceeding 12 in number, with sections of land adjoining each; also, in con-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.