USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 4
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The Galenian, printed in Galena, of May 2, 1832, says that Black Hawk was' invited by the prophet and had taken possession of a tract about forty miles up Rock River ; but that he did not remain there long, but commenced his march up Rock River. Captain W. B. Green, who served in Capt. Stephenson's company of mounted rangers, says that, "Black Hawk and his band crossed the river with no hostile intent, but that his band had had bad luck in hunting during the pre- vious winter, were actually in a starving condition and had come over to spend the summer with a friendly tribe on the head waters of the Rock and Illinois rivers, by invitation of their chief. Other old settlers who agree that Black Hawk had no idea of fighting, say that he came back to the east side expecting to negotiate another treaty and get a new supply of provisions. The most rea- sonable explanation of this movement, which resulted so disastrously to Black Hawk and his starving people, is that, during the fall and winter of 1831-2, his people became deeply indebted to their favorite trader at Fort Armstrong (Rock Island). They had not been fortunate in hunting, and he was likely to lose heavily, as an Indian debt was outlawed in one year. If, therefore, the Indians could be induced to come over, and the fears of the military could be sufficiently aroused to pursue them, another treaty could be negotiated, and from the pay- ments from the government the shrewd trader could get his pay. Just a week
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HISTORY OF JACKSON COUNTY
after Black Hawk crossed the river, on the 13 of April, 1832, George Davenport wrote to General Atkinson: "I am informed that the British band of Sac In- dians are determined to make war on the frontier settlements. From every in- formation that I have received, I am of the opinion that the intention of the British band of Sac Indians is to commit depredations on the inhabitants of the frontier." And yet, from the 6th day of April until after Stillman's men com- menced war by firing on a flag of truce from Black Hawk, no murders nor depredations were committed by the British band of Sac Indians.
It is not the purpose of this sketch to detail the incidents of the Black Hawk war of 1832, as it pertains rather to the history of the state of Illinois. It is sufficient to say that, after the disgraceful affair at Stillman's Run, Black Hawk, concluding that the whites refusing to treat with him were determined to ex- terminate his people, determined to return to the Iowa side of the Mississippi. He could not return by the way he came, for the army was behind him, an army, too, that would sternly refuse to recognize the white flag of peace. His only course was to make his way northward and reach the Mississippi, if possible, be- fore the troops could overtake him, and he did; but, before he could get his women and children across the Wisconsin, he was overtaken and a battle ensued. Here again he sued for peace and through his trusty lieutenant, "the Prophet," the whites were plainly informed that the starving Indians did not wish to fight, but would return to the west side of the Mississippi, peaceably, if they could be permitted to do so. No attention was paid to this second effort to negotiate peace, and, as soon as supplies could be obtained, the pursuit was resumed, the flying Indians were overtaken again eight miles before they reached the mouth of the Bad Axe, and the slaughter (it should not be dignified by the name of bat- tle) commenced. Here, overcome by starvation and the victorious whites, his band was scattered, on the 2nd day of August, 1832. Black Hawk escaped but was brought into camp at Prairie du Chien by three Winnebagoes. He was con- fined in Jefferson barracks until the spring of 1833, when he was sent to Wash- ington, arriving there April 22nd. On the 26th of April they were taken to Fortress Monroe, where they remained till the 4th of June, 1833, when orders were given for them to be liberated and returned to their own country. By order of the president he was brought back to Iowa through the principal eastern cities. Crowds flocked to see him all along his route, and he was very much flattered by the attentions he received. He lived among his people on the Iowa River till the reservation was sold, in 1836, when, with the rest of the Sac and Foxes, he re- moved to the Des Moines reservation, where he remained till his death, which occurred on the 3d of October, 1838.
The writer's theory of the cause of the Black Hawk fiasco is, that from the time that Black Hawk espoused the cause of the King of England as against the United States, that he was an object, not only of distrust and suspicion, but of persecution by the government and by the traders. Keokuk, who had accepted the bounty of the government, had remained neutral and had been made much of, and when Black Hawk returned from his efforts to assist the British, he found himself supplanted as chief of his tribe so far as being recognized as such by the United States authorities, and Keokuk who had no claim to be a chieftain of his tribe, except his shrewdness, was recognized as such and had a powerful influence as he was backed up by the Indian agents whose reports largely moulded opinions at Washington. Black Hawk was destined to soon feel the displeasure of the authorities. His band was the first to be driven out from the lands that had been their homes for at least three generations, to give up the cultivated fields that had cost so much of labor with their crude implements to prepare for crops, and go across the river into a wild country, to make new homes. They could not have attempted very much in the way of raising corn, as the first settlers that came into Jackson county found but few spots where any attempt at raising corn had ever been attempted. They depended rather upon hunting, but the buffalo had departed, and the smaller game was not plentiful, and when the spring of
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1832 came, Black Hawk had neither provisions nor furs to buy them of the traders, and upon making their condition known to their friends on Rock River, was invited to come and live with them until they could raise a crop of corn. No one who knew anything of Indian customs believed that Black Hawk would have taken his entire band, including old men and women and children, had he been going on the war path. Rather would he have concealed them in some secluded place of safety while he made the raid with the fighting men of his tribe. Neither would he have crossed the river in day light in plain sight of Fort Arm- strong, had he been on the war path. From the end of the war of 1812 up to 1832 Black Hawk's band had always been termed the British Band of Sacs, and when he crossed the river in the spring of 1832, although to all appearances in peaceful pursuits, the hue and cry was raised by the traders at Rock Island that the British Band of Sacs, with the bloodthirsty Black Hawk at their head, was marching to attack the helpless settlers in Illinois, and the authorities of Illinois, as well as the United States government authorities, hurried troops to expel the invaders. Black Hawk did all that he could to try to convince the authorities that he did not want war, but wanted provisions; that his people were starving. But his flag of truce was fired upon and no attention was paid to the protestations of the prophet, that Black Hawk only crossed the river because his people were starving, and the assurance that he would immediately return to the west side of the river, if permitted to do so. When Black Hawk ascertained that nothing would satisfy the authorities but the destruction of his band, he made every pos- sible effort to get back to and cross the Mississippi where he would be safe at least from pursuit, but the troops were so eager for a fight, that it is claimed that they marched fifty miles in one day and were not deterred by storm nor darkness from the pursuit, in order to overhaul the Indians before they could reach the river, and when they did overtake the fleeing natives, they were hunted to death like vicious wild beasts, and no more quarter was given them. It was not a war, but a massacre of starving, helpless Indians, and yet there were more pen- sions granted to survivors of the Black Hawk war than there were warriors under Black Hawk.
TERRITORIAL HISTORY.
By act of Congress, approved October 31, 1803, the president of the United States was authorized to take possession of the territory included in the Louisiana purchase, and provide for a temporary government. By another act of the same session, approved March 26, 1804, the newly acquired country was divided, Oc- tober I, 1804, into the territory of Orleans, south of the thirty-third parallel of north latitude, and the district of Louisiana, which later was placed under the authority of the officers of Indiana Territory. In 1805, the district of Louisiana was organized as a territory, with a government of its own. In 1807, Iowa was included in the territory of Illinois, and in 1812 in the territory of Missouri. When Missouri was admitted as a state, March 2, 1821, "Iowa," says Hon. C. C. Nourse, "was left a political orphan," until by act of Congress, approved June 28, 1834, the Black Hawk purchase having been made, all the territory west of the Mississippi and north of the northern boundary of Mis- souri, was made a part 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 estab- lished in Dubuque in 1833. In September, 1834, however, the territorial legis- lature of Michigan created two counties on the west side of the Mississippi River, viz. : Dubuque and Des Moines, separated by a line drawn westward from the foot of Rock Island. These counties were partially organized. John King was appointed chief justice of Dubuque county, and Isaac Leffler of Bur- lington, of Des Moines county. Two associate justices, in each county were appointed by the governor.
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HISTORY OF JACKSON COUNTY
On the first Monday in October, 1835, General George W. Jones was elected a delegate to Congress from this part of Michigan territory. On the 20th of April, 1836, through the efforts of General Jones, Congress passed a bill creat- ing the territory of Wisconsin, which went into operation July 4, 1836, and Iowa was then included in the territory of Wisconsin, of which General Henry Dodge was appointed governor; John S. Horner, secretary of the territory; Charles Dunn, chief justice ; David Irwin and William C. Frazer, associate justices.
September 9, 1836, Governor Dodge ordered the census of the new terri- tory to be taken. This census resulted in showing a population of ten thousand five hundred and thirty-one in the counties of Dubuque and Des Moines. Under the appointment, these two counties were entitled to six members of the coun- cil and thirteen 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 Wis- consin were elected from the two counties in the Black Hawk purchase :
Dubuque county .- Council: John Fally, Thomas McKnight, Thomas Mc- Craney. House : Loring Wheeler, Hardin Nowlan, Peter Hill Engle, Patrick Quigley, Hosea T. Camp. Des Moines county .- Council: Jeremiah Smith, Jr., Joseph B. Teas, Arthur B. Ingram. House : Isaac Leffler, Thomas Blair, War- ren L. Jenkins, John Box, George W. Teas, Eli Reynolds, David R. Chance.
The first legislature assembled at Belmont, in the present state of Wiscon- sin, on the 25th day of October, 1836, and was organized by electing Henry T. Baird president of the council, and Peter Hill Engle, of Dubuque, speaker of the house. It adjourned December 9, 1836. The second legislature assembled at Burlington, November 10, 1837. Adjourned January 20, 1838. The third ses- sion was at Burlington; commenced June Ist, and adjourned June 12, 1838.
During the first session of the Wisconsin territorial legislature, in 1836, the county of Des Moines was divided into Des Moines, Lee, Van Buren, Henry, Muscatine and Cook (the latter being subsequently changed to Scott) and de- fined their boundaries. During the second session, out of the territory em- braced in Dubuque county, were created the counties of Dubuque, Clayton, Fayette, Delaware, Buchanan, Jackson, Jones, Linn, Clinton and Cedar, and their boun- daries defined, but the most of them were not organized until several years afterward, under the authority of the territorial legislature of Iowa.
The question of a separate territorial organization for Iowa, which was then a part of Wisconsin territory, began to be agitated early in the autumn of 1837. The wishes of the people found expression in a convention held at Burlington on the Ist of November, which memorialized 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 session at Burlington, joined in the petition. General George W. Jones, then residing at Sinsinawa Mound, in what is now Wisconsin, was delegate to congress from Wisconsin territory, and labored so earnestly and successfully, that "An act to divide the territory of Wisconsin, and to establish the terri- torial government of Iowa," 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 water or sources of the Mississinni 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 associate justices, and attorney and marshal, who should serve four 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 twenty-one years of age, of a house of representatives, consisting of twenty-six members, and a council to consist of thirteen members. It also appropriated five thousand dollars for a public library, and twenty thousand dollars for the erection of public buildings.
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HISTORY OF JACKSON COUNTY
President Van Buren appointed Ex-Governor Robert Lucas, of Ohio, to be the first governor of the new territory. William B. Conway, of Pittsburgh, was appointed secretary of the new 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 Colonel Charles Weston was appointed to fill his vacancy. Mr. Conway, the secretary, also died at Bur- lington, during the second session of the legislature, and James Clark, editor of the Gazette, was appointed to succeed him.
Immediately after his arrival, Governor Lucas issued a proclamation for the election of members of the first territorial legislature, to be held on the Ioth of September, dividing the territory into election districts for that pur- pose, and appointing the 12th day of November for meeting of the legislature to be elected, at Burlington.
The first territorial legislature was elected in September and assembled at Burlington on the 12th day of November, and consisted of the following members: Council .- Jesse B. Brown, J. Keith, E. A. M. Swazey, Arthur In- gram, Robert Ralston, George Hepner, Jesse J. Payne, D. B. Hughes, James M. Clark, Charles Whittlesay, Jonathan W. Parker, Warner Lewis, Stephen Hempstead. House .- William Patterson, Hawkins Taylor, Calvin J. Price, James Briarly, James Hall, Gideon S. Bailey, Samuel Parker, James W. Grimes, George Temple, Van B. Delashmutt, Thomas Blair, George H. Beeler, (Cyrus S. Jacobs, who was elected for Des Moines county, was killed in an unfortunate encounter at Burlington before the meeting of the legislature, and Mr. Beeler was elected to fill the vacancy), William G. Coop, William H. Wallace, Asbury B. Porter, John Frierson, William L. Toole, Levi Thornton, S. C. Hastings, Robert G. Roberts, Laurel Sumners, (Samuel R. Murray was returned as elected from Clinton county, but his seat was successfully contested by Bur- chard), Jabez A. Burchard, Jr., Chauncey Swan, Andrew Bankson, Thomas Cox, and Hardin Nowlin.
Notwithstanding a large majority of the members of both branches of the legislature were democrats, yet General Jesse B. Browne (whig), of Lee county was elected president of the council, and Hon. William H. Wallace (whig), of Henry county, speaker of the house of representatives-the former unani- mously 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 campaign, party lines were strongly drawn. At the election in September, 1838, for members of the legislature, a congressional delegate was also elected. There were four candidates, viz .: William W. Chapman and David Rohrer, of Des Moines county; B. F. Wallace, of Henry county, and P. H. Engle, of Dubuque county. Chapman was elected, receiving a majority of thirty-six over Engle.
The first session of the Iowa territorial legislature was a stormy and ex- citing one. By the organic law, the governor was clothed with almost un- limited veto power. Governor Lucas seemed disposed to make free use of it and the independent Hawkeyes could not quietly submit to arbitrary and ab- solute rule, and the result was an unpleasant controversy between the execu- tive 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-third 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
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HISTORY OF JACKSON COUNTY
which congress had appropriated twenty thousand dollars. Governor Lucas, in his message, had recommended the appointment of commissioners, with a view to making a central location. The extent of the future state of Iowa was not known or thought of. Only on a strip of land fifty miles wide, bordering on the Mississippi River, was the Indian title extinguished, and a central loca- tion meant some central point in the Black Hawk purchase. The friends of a central location supported the governor's suggestion. The southern members were divided between Burlington and Mount Pleasant, but finally united on the latter as a 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 on the 21st day of Jan- uary, 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. Johnson county had been created by act of the territorial legislature of Wisconsin, approved December 21, 1837, and organ- ized by act passed at the special session at Burlington, in June, 1838, the organ- ization to date from July 4th, following. Napoleon, on the Iowa River, a few miles below the future Iowa City, was designated as the county seat temporarily. Then there existed good reason for locating the capital in the county. The territory of Iowa 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 geo- graphical 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 Indians, estab- lished by the treaty of October 21, 1837, was immediately west of the county limits.
The commissioners, after selecting the site, were directed to lay out six hundred and forty 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 surveyed it and laid off the town. The first sale of lots took place August 16, 1839. The site selected for public buildings was a little west of the geo- graphical center of the section, where a square of ten 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 fifty-one thousand, and if they had already adopted a plan involv- ing a greater expenditure they were directed to abandon it. Plans for the building were designed and drawn by Mr. John F. Rague, of Springfield, Illinois, and on the 4th day of July, 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.
When the legislature assembled at Burlington in special session, July 13, 1840, Governor Lucas announced 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 twenty thousand dollars for the building was passed, January 15, 1841, the unsold lots of Iowa City being the security offered, but only five thousand five hundred dollars was obtained under the act.
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HISTORY OF JACKSON COUNTY
INDIAN PURCHASES, RESERVES AND TREATIES.
At the close of the Black Hawk war, in 1832, a treaty was made at a council held on the west bank of the Mississippi, where now stands the thriving city of Davenport, on grounds now occupied by the Chicago, Rock Island and Pacific Railroad Company, on the 21st day of September, 1832. At this council the United States were represented by General Winfield Scott and Governor Rey- nolds of Illinois. Keokuk, Pash-a-pa-ho and some thirty other chiefs and war- riors of the Sac and Fox nation were present. By this treaty the Sacs and Foxes ceded to the United States a strip of land on the eastern border of Iowa fifty miles wide, from the northern boundary of Missouri to the mouth of the Upper Iowa River, containing about six million acres. The western line of the purchase was parallel with the Mississippi. In consideration of this cession, the United States government stipulated to pay annually to the confederated tribes, for thirty consecutive years, twenty thousand dollars in specie, and to pay the debts of the Indians at Rock Island, which had been accumulating for seventeen years and amounted to fifty thousand dollars, due to Davenport & Farnham, Indian traders. The government also generously donated to the Sac and Fox women and children whose husbands and fathers had fallen in the Black Hawk war, thirty-five beef cattle, twelve bushels of salt, thirty barrels of pork, fifty barrels of flour, and six thousand bushels of corn.
This territory is known as the "Black Hawk purchase." Although it was not the first portion of Iowa ceded to the United States by the Sacs and Foxes, it was the first opened to actual settlement by the tide of immigration that flowed across the Mississippi as soon as the Indian title was extinguished. The treaty was ratified February 13, 1833, and took effect on the Ist of June following, when the Indians quietly removed from the ceded territory, and this fertile and beauti- ful region was opened to white settlers.
By the terms of the treaty, out of the Black Hawk purchase was reserved for the Sacs and Foxes 400 square miles of land situated on the Iowa river, and in- cluding within its limits Keokuk's village, on the right bank of that river. This tract was known as Keokuk's reserve, and was occupied by the Indians until 1836, when, by a treaty made in September between them and Governor Dodge of Wisconsin territory, it was ceded to the United States. The council was held on the banks of the Mississippi, above Davenport, and was the largest assem- blage of the kind ever held by the Sacs and Foxes to treat for the sale of lands. About one thousand of their chiefs and braves were present, and Keokuk was their leading spirit and principal speaker on the occasion. By the terms of the treaty, the Sacs and Foxes were removed to another reservation on the Des Moines River, where an agency was established for them at what is now the town of Agency City. Besides the Keokuk Reserve, the government gave out of the Black Hawk purchase to Antoine Le Claire, interpreter, in fee simple, one section of land opposite Rock Island, and another at the head of the first rapids above the island, on the Iowa side. This was the first land title granted by the United States to an individual in Iowa.
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