History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 7

Author:
Publication date: 1883
Publisher: Springfield IL : Union Publishing Co.
Number of Pages: 1002

USA > Iowa > Hardin County > History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens > Part 7

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).

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 members, and a council, to consist of 13 members. It also appropriated $5,000 for a public library, and $20,000 for the erec- tion of public buildings.

In accordance with this act, President Van Buren appointed cx-Governor Robert Lucas, of Ohio, to be the first Governer 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 Penn- sylvania, 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 Thos. McKnight, Receiver of the Land Office at Dubuque. Mr. Van Allen, the District Attorney, died at Rockingham soon after his appointment, and Col. Chas. 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, issucd a proclamation for the elec- tion of members of the first Territorial Legislature, to be held on the 10th of Scp-

HISTORY OF IOWA.

tember, 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 Burlington. The members were elected in accordance with this proclamation, 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 Tay- lor, 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, Ja- bez A. Burchard, Jr., Chauncey Swan, An- drew Bankson, Thomas Cox and Hardin Nowlin.

Although a large majority of both branches of the Legislature were Demo- ocrats, Gen. Jesse B. Brown (Whig), of Lee county, was elected President of the Council, and Hon. Wm. H. Wallace (Whig), of Henry county, Speaker of the House of Representatives-the former unanimously and the latter with but little opposition. At that time national politics were little heeded by the people of the new Territory, but in 1840, during the Presidential cam- paign, party lines were strongly drawn.

At the same time with this Legislature, a Congressional delegate was also elected.

Out of four candidates, William W. Chap- man 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 Lucus seemed disposed to make free use of it, and the independent Hawk- eyes could not quietly submit to arbitrary and absolute rule, and the result was an unpleasant controversy between the execu- tive and legislative departments; Congress, however, by act approved March 3d, 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 at- tention was the location of the seat of government, and provision for the erection of public buildings, for which Congress had appropriated $20,000. Gov. Lucas, in his message, had recommended the ap- pointment of commissioners with a view to selecting a central location. The extent of the future State of Iowa was not known or thought of. Only a strip of land fifty miles wide, bordering 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 sup- ported the Governor'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 pre- vailed. The central party at last tri- umplred, and, on January 21st, 1839, an act

HISTORY OF IOWA.

was passed appointing Chauncey Swan, of Dubuque county, John Ronalds, of Louisa county, and Robert Ralston, of DesMoines county, Commissioners to select a site for a permanent seat of government within the limits of Johnson county.

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 organized by act pa-sed 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; east, by the Mississippi river to its source; thence by a line drawn due north to the northern boundary 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 center 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 lauds of the United States and the Indians estab- lished by the treaty of Oct. 21, 1837, was immediately west of the county limits.

After selecting the site, the Commission- ers were directed to lay out 640 acres into a town, to be called Iowa City, and to pro-

ceed 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 prin- cipal meridian, and immediately surveyed 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 Ter- ritorial 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 involv- ing a greater expenditure, they were direct- ed 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 edifice was laid with appropriate ceremonies. Samuel C. Trowbridge was marshal of the day, and Governor Lucas delivered the address on that occasion.

On July 13, 1840, Governor Lucas an- nounced 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 cap- itol nearly completed. A bill authorizing a loan of $20,000 for the building was passed January 15, 1841, the unsold lots of Iowa City being the security offered, but only $5,500 was obtained under the act.

HISTORY OF IOWA.

Monday, December 6, 1841, the fourth Legislative Assembly met at the new cap- ital, Iowa City, but the capitol building could not be used, and the Legislature oc- cupied 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,) esti- mated the expense of completing the build- ing at $33,330, and of completing rooms for the use of the Legislature at $15,600,

During the following year the Superin- tendent commenced obtaining stone from a new quarry about ten miles northeast of the city. This is now known as the "Old Cap- itol 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 De- cember, 1842, the Legislature assembled in the new Capitol. At this session the Su- perintendent 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 meantime, 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 Miners' 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 rap- idly), 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 Pittsburg, Pennsylvania, for which he was compelled to pay 25 per cent. exchange. This draft amounted to $507, which that officer reported to be more than one-half the cash actually handled by him during the entire season, when the dis- bursements amounted to very nearly $24,- 000. With such uncertainty, it could not be expected that the estimate could be very accurate. With all these disadvan- tages, 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 iib- eral 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 pendency 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 ex- tended to all white persons, and the purity of elections secured by heavy penalties

HISTORY OF IOWA.

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 pro- perty 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 estab- lished. Provision was made for a system of roads and highways. Thus, under the Territorial organization, 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, com- mencing December 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 Legislature compiled and pub- lished 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 coun- ties bordering on Missouri, the Iowa authorities had fixed a line which has since been established as the boundary between Iowa and Missouri. The consti- tution of Missouri defined her northern boundary to be the parallel of latitude which passes through the rapids of 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 Missourians (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 Keosau- qua, thus taking from Iowa a strip of ter- ritory eight or ten 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 offi- cials were arrested by the sheriffs of Davis and Van Buren counties and confined in jail. Governor Boggs, of Missouri, called out his milita to enforce the claim and sustain the officers of Missouri. Governor 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 Territory. Subsequently, Gen. A. C. Dodge, of Burlington, General Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were sent to Missouri as envoys plenipotentiary, to effect, if possi- ·ble, a peaceable adjustment of the diffi- culty. Upon their arrival, they found that the county commissioners of Clark county, Missouri, had rescinded their order for the collection of taxes, and that Governor 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

HISTORY OF IOWA.

truth of history," and that she knew where the rapids of 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 suf- ficient 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 for- bearance to older and greater people.'" Under an order from the Supreme Court of the United States, William G. Miner, of Missouri, and Henry B. Hendershott, of Iowa, acted as commissioners, and surveyed and established the boundary. The ex- penses of the war on the part of Iowa were never paid, either by the United States or the Territorial Government. The patriots who furnished supplies to the troops had to bear the cost and charges of the struggle

The population being sufficient to justify the formation of a State government, the Territorial Legislature of Iowa passed an act, which was approved February 12th, 1844, submitting to the people the ques- tion of the formation of a State constitu- tion and providing for the election of delegates to a convention to be convened for that purpose. The people voted upon this at their township elections in the fol- lowing April. The measure was carried by a large majority, and the delegates elected assembled in convention at Iowa City October 7th, 1844. On the first day of November following, the convention 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 sub- mitted to that body at the earliest practi- cable day. It also provided that it should be submitted, together with any conditions or changes that might be made by Con- gress, to the People of the Territory, for their approval or rejection, at the township election in April, 1845.

The Constitution, as thus prepared, pro- vided the following boundaries 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 mid- dle of the main channel thereof, to a point where it is intersected by the old Indian boundary line, or line run by John C. Sul- livan in 1816; thence westwardly along said line to the "old" northwest corner of Missouri; 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 chan- nel of the St. Peters river, where the Wa- tonwan river - according to Nicollett's map-enters the same; thence down the middle of the main channel of the said river to the middle of the main channel of the Mississippi 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 Con- stitution, by act approved March 3, 1845, as follows: Beginning at the mouth of

عـ

HISTORY OF IOWA.

the Des Moines river, at the middle of the Mississippi; thence by the middle of the channel of that river to a parallel of lati- tude, 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 meridia" line 17 ° 30' west of the meridian of Wash- ington City; thence due south, to the northern boundary line of the State of Missouri; thence eastwardly, following that boundary 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 present 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 Con- stitution, 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, August 3, by a vote of 9,492 to 9,036. The new Constitution was approved by Con- gress, 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 Congress, held an

election for State officers October 26, which resulted in Ansel Briggs being de- clared 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 public buildings; also, the salt springs within her limits, not exceeding 12 in number, with sections of Jand adjoining each; also, in consideration that her public lands should be exempt from taxation by the State, she gave the State five per cent. of the net proceeds of the sale of public lands within the State. Thus provided for as a bride with her marriage portion, Iowa commenced house- keeping on her own account.

A majority of the Constitutional Con- vention of 1846 were of the Democratic party; and the instrument contains some of the peculiar tenets of the party of that day. All banks of issue were prohibited within the State. The State was prohibited from becoming a stockholder in any cor- poration for pecuniary profit, and the Gen- eral Assembly could only provide for pri- vate corporations by general statutes. The constitution also limited the State's indebt- edness to $100,000. It required the Gen- eral Assembly to provide public schools throughout the State for at least three months in the year. Six months previous residence of any white male citizen of the United States constituted him an elector.

HISTORY OF IOWA.

- The government was started on an economical basis. The members of the General Assembly received, each, two dol- lars per day for the first fifty days of the session, and one dollar per day thereafter. The sessions were to be biennial. The salaries of the State officers were limited the first ten years as follows: Governor, $1,000 per annum; Secretary of State, $500; Treasurer of State, $400; Auditor of State, $600; and Judges of the Supreme Court, $1,000 each. And it may be said here that

these prices did not discourage the best talent of the State from seeking these positions, and that during these ten years none of these officers were ever known to receive bribes, or to steal one dollar of the public money. At the time of organiza- tion as a State, Iowa had a population of 116,651, as appears by the census of 1847. There were twenty-seven organized coun- ties in the State, and the settlements were being rapidly pushed toward the Missouri river.

CHAPTER VI.

GROWTH AND DEVELOPMENT OF THE STATE.

The first General Assembly was com- posed of nineteen Senators and forty Rep- resentatives. It assembled in Iowa City, November 30th, 1846, about one month be- fore Congress passed the act of admission. The most important business transacted was the passage of a bill authorizing a loan of $50,000 for means to run the State government and pay the expenses of the Constitutional Convention. The election of United States Senators was called up at this session, and was the occasion of much excitement and no little hard feeling. The Whigs had a majority of two in the House and the Democrats a majority of one in

the Senate. After repeated attempts to control these majorities for caucus nom- inees, and frequent sessions of a joint con- vention for purposes of an election, the attempt was abandoned. A public school law was passed at this session, for the or- ganization of public schools in the State. In pursuance of its provisions, an election for superintendent of public instruction was held the following spring, and James Harlan received a majority of the votes cast. After the election the Democratic Secretary of State discovered that the law contained no provision for its publication in the newspapers, and he claimed it had

· HISTORY OF IOWA.

not gone into effect. He, therefore, and the Governor, refused Harlan a certificate of election. The Supreme Court sustained their action.

At this first session of the General As- sembly, the Treasurer of State reported that the capitol building was in a very exposed condition, liable to injury from storms, and expressed the hope that some provision would be made to complete it, at least sufficiently to protect it from the weather. The General Assembly re- sponded by appropriating $2,500 for the completion of the public buildings. At the first session, also, arose the question of the relocation of the capitol. The western boundary of the State, as now determined, left Iowa City too far toward the eastern and southern. boundary of the State; this was conceded. Congress had appropri- ated five sections of land for the erection of public buildings, and toward the close of the session a bill was introduced pro- viding for the relocation of the seat of government, involving to some extent the location of the State University, which had already been discussed. This bill gave rise to much discussion, and parlia- mentary maneuvering almost purely sec- tional in its character. It provided for the appointment of commissioners, who were authorized to make a location as near the geographical centre of the State as a healthy and eligible site could be ob- tained; to select the five sections of land donated by Congress, to survey and 'plat into town lots not exceeding one section of the land so selected; to sell lots at public sale, not to exceed two in each block. Having done this, they were then required to suspend further operations, and make a

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.

History of Hardin county, Iowa, together with sketches of its towns, villages and townships, educational, civil, military and political history; portraits of prominent persons, and biographies of representative citizens, Part 7

Author: Publication date: 1883 Publisher: Springfield IL : Union Publishing Co. Number of Pages: 1002

Author:
Publication date: 1883
Publisher: Springfield IL : Union Publishing Co.
Number of Pages: 1002