USA > Iowa > Webster County > Fort Dodge > History of Fort Dodge and Webster County, Iowa, Volume I > Part 7
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In the popular mind Iowa was still looked upon as barren and uninhabitable. The few white men who had "squatted" along its eastern portion were driven off by the soldiers and their cabins burned. They were not even permitted to work the lead mines at Dubuque. The Black Hawk war, however, was the immediate cause of immigration turning to Iowa. At the close of this war the Indians were compelled to sell to the United States a large tract of land along the Mississippi known as the "Black Hawk Purchase of 1832." On the first day of June, 1833, the United States troops were withdrawn. Immigration rapidly spread over the territory. The settler outran the government surveyor, and without law or license staked his claim and awaited the official opening. Already the Iowa idea, of "get more land, to raise more corn, to feed more hogs, to buy more land," had taken hold of the Iowa farmer. It was the pioneer of the highest type that came. Lieutenant Albert Lea, in 1836, writes thus of the early Iowa pioneers, "the character of this population is such as is rarely found in our newly acquired territories. With very few exceptions, there is not a more orderly, industrious, active, painstaking population west of the Alleghanies than is this of the Iowa district." Up to this time the white men, who had come, were merely adventurers whose sole aim was making money. These pioneers came for the purpose of building homes. They brought with them American institutions. No sooner had they arrived than they began the erection of schools and churches. These pioneers of the thirties had no legis- lative-made law in this new country. However, they obeyed the higher law of God and applied the precepts of the Golden Rule to their dealings with their fellowmen. There were some instances of strife and contention among these early settlers for town sites, mill sites, choice belts of timber and best land. There was the occasional claim jumper. There was the man, who would have completely confirmed Calhoun's idea that the new Iowa country was peopled with rascals. These were the exceptions. Good feeling generally prevailed. Rules and regulations as to claims were agreed upon in the interest of fair
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dealings and mutual protection. Moreover, with but few exceptions, these regu- lations were kept. As yet, the United States had given these pioneers no title to their land. They had simply "squatted" beside stream, or in grove, or wherever a pleasant homestead site appeared. In a strict interpretation of the law, these "squatters" might be called trespassers. Yet no class of men were more law respecting. Since there was no national protection for the claims they had staked out, they formed organizations for mutual protection. These organizations were called land clubs or claim associations. In all there were perhaps about one hundred of these during the time Iowa was in the different stages of territorial development.
Crime was punished and justice was meted out as surely and quickly as though there had been regularly appointed courts. The fact that Iowa was a sort of "no man's land" did not deter the cause of right from prevailing. An instance of this is shown in the trial and execution of Patrick O'Connor for the murder of George O'Keefe in Dubuque. The citizens of Dubuque county appealed in vain to the governor of Missouri and to the judge of the western district of Michigan territory ; but they each claimed it was without their juris- diction. A citizen court conducted the trial with deliberation and solemnity. A jury was empaneled. All judicial forms were observed. Sentence was pro- nounced and the death penalty imposed within a month after the commission of the crime-an example of speedy execution of justice.
In 1834, the territory was attached to the territory of Michigan for tem- porary government. The citizens of the Iowa country were given the same privileges and immunities and subjected to the same laws as the other citizens of Michigan territory. Iowa for the first time became in reality a free terri- tory. By the terms of the Missouri Compromise, slavery had been prohibited within its borders, yet this prohibition had been a dead letter for fourteen years. Slaves had been carried into the territory at will. But this transfer of the Iowa country to a free territory caused the importation of slaves to cease. The pioneers in Iowa gladly welcomed the change in government. To show their appreciation, they made the Fourth of July, 1834, a double holiday. It was in honor of this occasion that Nicholas Carroll, an Irishman, who lived in the vicinity of Dubuque, first unfurled the Stars and Stripes in Iowa. It is said that a black woman, who was a slave, superintended the making of this flag.
Governor Mason called an extra session of the legislative council of Mich- igan territory in 1834. At this session the council established the two counties of Dubuque and Demoines, and constituted each a township, one Julien, and the other Flint Hills (afterwards called Burlington). A county court was pro- vided for each county and the laws then in force in Iowa county were extended to them. Iowa county at that time, was the nearest organized portion of Michi- gan Territory to the new counties. The same judge presided over the three counties ; and together they formed what was known as the Iowa District. Later the name Iowa was applied to the new territory. The first officers of Dubuque county were appointed September 6, 1834. It is said they were men of fine character and ability. John King, who was appointed chief justice of the county courts, in 1836, established the first newspaper in Iowa, "The Dubuque Visitor." The officers of Demoines county were appointed in December, 1834.
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FORT DODGE CITY OFFICIALS (1912-13)
1-J. F. FORD, Mayor 2-C. H. SMITH, Commissioner 3-F. W. COLLINS, Commissioner 4-W. L. TANG, City Clerk 5-E. S. WELCHI, Captain of Police 6-M. J. JORDAN, Chief of Police 7-F. B. TRUSTY, Fire Chief
8-C. F. HEILEMAN, Deputy Clerk
THE NEAROFY
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Like the officers of Dubuque county they were men of ability and strong char- acter. William R. Ross, the county clerk, built in the city of Burlington, a Methodist church, which he said, "was free for every order to preach in." This was afterward called "Old Zion Church." In it was held the first, second and third Legislative Assemblies of the Territory of Iowa.
Michigan was admitted as a state in 1836 and the Iowa country was again without government. For a while there existed a Michigan State and a Mich- igan Territory, due to the fact that the state had a smaller territorial extent than the territory. Andrew Jackson appointed John S. Horner, governor of the territory. However, he proved unworthy of the office. A council was organized with William Schuyler Hamilton, son of Alexander Hamilton, as president. This council by a vote of eight to one, asked President Jackson to revoke the commission of Governor Horner. This he declined to do. The following plaintive petition was then sent to congress: "Thrown off by Michi- gan in the formation of her new state, without an acting governor to enforce the laws, without a competent civil jurisdiction to give security to our lives and property, we ask the intervention of national aid to give us a new efficient political existence. It has been decided by the Federal court, that the popula- tion west of the Mississippi are not under its jurisdiction; and the monstrous anomaly is presented, that citizens of the United States living in its territory should be unprotected by its courts of civil and criminal jurisprudence." Congress delayed action. Finally through the persistent efforts of the dele- gates of the Michigan Territory, congress at last created the Territorial govern- ment of Wisconsin, April 30, 1836.
The Territory of Wisconsin included the country between Lake Michigan and the Missouri and White Earth rivers, north of the state of Illinois and Missouri. Provision was made for a legislative body of two houses. Henry Dodge was appointed Governor of the new territory. He took the oath of office the Fourth of July, 1836 at Mineral Point, at a big celebration, which also celebrated the sixtieth anniversary of American independence. A similar celebration was held at Dubuque. Here one of the speakers said of Governor Dodge, "he has been our leader through two Indian wars, and is now governor of the Territory and superintendent of Indian Affairs in the Northwest. His experience as a frontier man and Indian fighter has pointed him out for these responsible positions."
George W. Jones was chosen the first territorial delegate to congress, and "continued in office until the formation of Iowa Territory. The first legislative assembly fixed upon Madison as the capital of the new Territory with a proviso that a second session and also a special session were to be held at Burlington in Des Moines county. At this session Demoines was divided into the counties of Lee, Van Buren, Des Moines, Henry, Louisa, Muscatine and Cook,-the last named was afterwards changed to Scott.
The first legislative assembly ever held on what is now Iowa soil was in Burlington in the year 1837. At this session the county of Dubuque was divided into the counties of Clayton, Fayette, Dubuque, Delaware, Buchanan, Jack- son, Jones, Linn, Benton, Clinton, Scott, Cedar, Johnson and Keokuk. But the people of the Iowa country were not long satisfied to be a part of the Wis-
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consin Territory. They had an inherent longing for a government of their own. The very first day, that the legislative assembly convened, a convention also met to approve a petition to congress demanding the organization of a separate territory. The petition was approved by both the convention and the legislative assembly. It was sent to General George W. Jones the delegate in congress. He at once began to work for the establishment of a territorial gov- ernment for the Iowa people, although he lived on the east side of the Missis- sippi river, and if successful in his efforts would remain a citizen of Wiscon- sin. At this time there was considerable dispute over what the new territory should be named. The names Washington, Jefferson and Iowa were most strongly advocated. After much discussion in the convention the name Iowa was decided upon. It is also interesting to note how the people of Iowa came to be called "Hawkeyes." "The Fort Madison Patriot," in the year 1836, published the following: "If a division of the territory is effected we propose that the Iowans take the cognomen of "Hawkeyes:"-our etymology can thus be more definitely traced than that of 'Wolverines,' 'Suckers,' and 'Hoosiers' and we can rescue from oblivion at least a memento of the old chief." Through the diplomacy of George W. Jones, a bill establishing Iowa Territory passed both houses of congress and was signed by President Van Buren to take effect July 4, 1838. A census taken May of that year gave Iowa Territory a popula- tion of 21,859. President Van Buren selected Brigadier-General Henry Atkin- son to be the first governor of Iowa Territory. This choice was made because of his intimate acquaintance with Indian Affairs in the Mississippi valley. But General Atkinson preferred to retain his position as commander of the west- ern division of the army and declined the office. The president then appointed Robert Lucas. His commission was dated, July 17, 1838.
Robert Lucas seemed to have a genius for pioneering. He was born and brought up in a pioneer settlement in Virginia. When a young man he moved to a frontier settlement in Ohio. In his fifty-seventh year he had the courage to go forthi again into a new country. Robert Lucas had been twice governor of Ohio and was well fitted for moulding the government of a new territory. On his way to Iowa, Governor Lucas stopped at Cincinnati, to purchase a library for the new territory, for which purpose five thousand dollars had been appropriated by the Organic Act of the Territory of Iowa.' It was here that he made the acquaintance of Theodore S. Parvin, who came west with him. and for a while acted as his private secretary. Parvin was one of the founders of the Masonic order of Iowa, and was Grand Secretary of the Grand Lodge of the state for many years. He was largely instrumental in the founding of the Masonic Library at Cedar Rapids the largest of its kind in the world. The first official act of Governor Lucas was the choosing of Burlington as the capital of the Territory. The election to choose members to the First Legis- lative Assembly was held September 10, 1838. This Assembly consisting of thirty-nine members convened in the "Old Zion Church" at Burlington, Novem- ber 12, 1838.
On the first day of the session, Governor Lucas read his message to the legislature, a message which was in many respects in advance of his time. In it, he declared that the rights and immunities of the Ordinance of 1787 belonged
FORT DODGE HIGH SCHOOL BASKET BALL TEAM, 1911. Kullenbeck-Townsend- Gilleas-Skein-Hardwick-Spainhower -Welty-McKinley-Gustafson
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ASTOR, LINOX AND TILDEN FOUNDA IONS.
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to Iowa. He urged the compilation of a complete code of laws for the Terri- tory, the establishment of a system of common schools, the necessity of a code of criminal law, the organization of an efficient militia for defense against pos- sible Indian attacks and the appointment of three commissioners to choose a permanent seat of government. He arranged the two vices, gambling and intemperance, in the severest terms. He said, "Could you in your wisdom devise ways to check the progress of gambling and intemperance in this terri- tory, you will perform an act which would immortalize your names and entitle you to the gratitude of posterity." In speaking of appointments he said, "I shall at all time pay a due respect to recommendations but cannot conscien- tiously nominate to office any individual of bad moral character or that may be addicted to intemperance or gambling if known to me." This was a bold doc- trine to preach to a body of men, many of whom were themselves addicted to these vices. "Strict economy but not parsimony" was the financial policy of Governor Lucas.
The members of the first legislative assembly were for the most part young men. Over a third of them were under thirty years of age. Governor Lucas was past the prime. of life. The disparity in the ages of Governor Lucas and the members of the legislature was the cause of many disagreements. Governor Lucas felt that on account of their youth the judgment of the legislators could not be trusted. This circumstance coupled with the fact that the Organic Act of Iowa had put an absolute veto into the hands of. the governor,-a veto, which sometimes was used too arbitrarily-made a wide breach between the legislators and the chief executive. So intense did the dissatisfaction become, that at one time, the legislature sent a petition to the President of the United States, asking the removal of Governor Lucas. Their petition however, was refused and Governor Lucas remained in office until a change in the politics of the national administration made necessary the appointment of a whig.
The first legislative assembly for the most part adopted the recommenda- tions of Governor Lucas. A commission was appointed to select a new site for the capital, somewhere nearer the center of population than Burlington. This commission later chose Iowa City. The code prepared by the assembly covered all the ordinary subjects of legislation. Considering their lack of experi- ence, their work was remarkably well done. The only discreditable act was the one concerning the rights of the negro to settle in the territory. In this law the prevailing prejudice against the negro is shown. No free negro could move into Iowa without giving bond of five hundred dollars for his good behavior. If he failed to do this, his service could be sold to the highest bidder. It also provided that an escaped slave should not be harbored but should be returned to his owner. Any slave holder was authorized to come into Iowa Territory to procure the arrest and the surrender to him, by an Iowa officer, of any slave who had escaped from bondage and sought freedom on the Iowa soil.
In pleasing contrast to this, however, is the attitude shown by the supreme court of Iowa in the case of Ralph, a colored man. Ralph had been a slave in Missouri, and had belonged to a man named Montgomery. His master had made a written contract with him to sell him his freedom for five hundred and
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fifty dollars, and to permit him to go to the Dubuque lead mines to earn the money. Ralph worked industriously for several years, but was unable to earn enough to pay the price of his freedom. Two Virginians, who knew of this agreement, volunteered to deliver Ralph to his former owner for one hundred dollars. Montgomery accepted the offer. Ralph was seized and taken to Belle- vue to be sent by steamer to Missouri. Alexander Butterworth, who had seen the kidnapping, hastened to the office of Thomas S. Wilson, one of the judges of the supreme court, and demanded a writ of habeas corpus, which Judge Wilson promptly granted. By this means, Ralph was returned to Dubuque. The case was brought before the first supreme court of Iowa for trial. The members of this tribunal were Judge Charles Mason, chief justice, and Judge Joseph Williams and Judge Thomas S. Wilson, associate justices. After a full hearing, the court unanimously decided, that Montgomery's contract with Ralph, whereby he was permitted to become a citizen of a free territory, liber- ated him, as slavery did not, and could not exist in Iowa. This opinion was just the reverse of the famous Dred Scott Decision given by the United States supreme court eighteen years later.
In his message to the second legislative assembly, which met November 4, 1839, at Burlington, Governor Lucas recommended the passage of an act pro- viding for the calling of a convention to form a state constitution. The legis- lature adopted this recommendation, and a proposition calling a constitutional convention, was submitted to the vote of the people at the next election. But the people of Iowa Territory did not feel quite ready to shoulder the expenses and burdens of statehood and the proposition was defeated, by a vote of 937 for and 2,907 against.
At the third legislative assembly, which convened in Burlington, November 2. 1840, several new offices of importance were created, one of them being the office of superintendent of public instruction. William Reynolds was the first appointee to this office.
The election of President Harrison, the first national whig victory, was followed in Iowa by rapid changes in federal appointments. Governor Lucas, who was a democrat, was succeeded by a whig, John Chambers of Kentucky. Governor Chambers was a native of New Jersey. During his childhood, his parents moved to Kentucky. Here he grew to manhood, and served several terms in the Kentucky legislature. Later he represented that state in congress. He was a warm personal friend of William Henry Harrison. Governor Cham- bers brought to the governorship of the Territory of Iowa, the mature judg- ment of a man past three score years, together with a wide experience in state and national affairs. As superintendent of Indian Affairs of Iowa Territory, an office held in connection with his governorship, he was most successful in conducting the affairs of the office and negotiated a number of notable treaties with the Indians. During his administration the Sacs and Foxes ceded all their lands in central Iowa, and agreed to remove to Kansas. This cession was made September, 1842, and with the throwing open to settlement of this large tract, immigration to the Des Moines valley began.
Iowa was fortunate in the selection of her territorial delegates. Like the governors they proved men of ability. William A. Chapman, the first delegate
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THE R. W. BLAIN FAMILY At home on farm in Douglas township, 1893
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to congress, was elected in 1838. Through his efforts Iowa territory secured a grant of 500,000 acres as an appropriation for improvements. The income from this was afterwards devoted to school purposes. In the controversy with the state of Missouri over the southern boundary line, he ably defended the claims of Iowa Territory against the encroachment of her southern neighbor. His successor, Augustus Caesar Dodge, was the first man, born in the Louisiana Purchase, to sit in congress. His services were of great value in securing pre- emption rights of settlers, extending surveys of the public lands, establishing mail routes, postoffices, and a land office at Iowa City, and in obtaining a land grant for the purpose of aiding the territory to improve the navigation of the Des Moines river ; a grant which afterwards caused the river land troubles. It was largely through his efforts that the difficulties, over the admission of Iowa Territory to statehood, were adjusted. The city of Fort Dodge received its name from Augustus Caesar Dodge and his father Henry Dodge, who respec- tively at the same time represented in congress the territory of Iowa and the territory of Wisconsin.
Governor Chambers in his message to the fourth legislative assembly, which convened in Iowa City in 1841, renewed the recommendations of Governor Lucas concerning statehood. Upon submission to the people in 1847, the proposition was again defeated. Two years later it was submitted for the third time, and this time carried by a vote of nearly two to one. The constitutional conven- tion met at Iowa City, October 7, 1844, and continued in session until November I. The general sentiment of the convention was in favor of creating a large state with the Missouri river as the western boundary and St. Peter's river as the northern. An extension to include the Falls of St. Anthony was also advocated. "The State of Iowa," it was said, "could not have too much water power." The boundaries as finally settled upon were the Mississippi river on the east, the state of Missouri on the south, the Missouri river to the mouth of the Sioux river on the west, and thence in a direct line from the mouth of the Sioux river to the mouth of the Blue Earth river, thence down the St. Peter's river to the Mississippi on the northwest and north.
Unexpectedly the question of boundaries became the bone of contention. first in congress and afterwards in Iowa. In haste for admission into the Union, the constitution, accompanied by a memorial asking admission, were presented to congress in December, 1844, nearly three months before the vote was to be taken. Congress objected to the boundaries as prescribed by the constitution as creating too large a state. The annexation of Texas, with a proviso for forming four additional states out of it, was then pending. The northern members felt that more free states should be created to keep the balance of power between the North and the South. In the house of representatives the larger boundaries were supported by the delegate from the territory, A. C. Dodge. The delegates from Ohio advocated keeping Iowa about the size of their state. Samuel F. Vinton in a speech declared that, "it was the true inter- est of the people of the Mississippi valley, that new states should be of rea- sonable dimensions." He appealed to the western members "to check that legis- lation, which had heretofore deprived the West of its due representation in the senate." The result of these debates was to reduce the proposed bound-
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aries. The bill for statehood as finally passed fixed the western boundary at about the present site of the city of Des Moines, while the northern boundary extended to the Blue Earth river. Assent to this reduction of boundaries was made a condition of the admission of the state into the Union. When that assent was given, the president was to announce the fact. and the admission of Iowa into the Union was to be considered complete. It was arranged that Florida should be admitted at the same time as Iowa. Florida, a slave state, had been waiting seven years to have a free state ready to come into the Union with it; and now that Iowa applied for admission, it was arranged that the two states should come into the Union together under the same act. Iowa rejected the condition imposed by congress and remained a territory. Even Texas was annexed before Iowa came in. Strong as was their desire to come into the Union, the desire for large boundaries conquered. It was in vain that Augustus Caesar Dodge, fearing the predominance of the slave states in con- gress, plead with them to accept the restricted boundaries and thus add another free state to the Union. As a vote for the constitution would involve assent to the boundaries enacted by congress, the people voted against the constitu- tion by a majority of 996 votes. and the governor by proclamation announced its rejection.
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