History of Jackson County, Iowa; Volume I, Part 66

Author: Ellis, James Whitcomb, 1848-; Clarke, S. J., publishing company
Publication date: 1910
Publisher: Chicago, S. J. Clarke Publishing Co.
Number of Pages: 730

USA > Iowa > Jackson County > History of Jackson County, Iowa; Volume I > Part 66

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).

Yours in haste, J. V. BERRY.

"To His Excellency, Robert Lucas.

"P. S .- Captain Smith of steamboat 'Brazil' will see this delivered."

J. V. Berry, the district prosecutor for this third judicial district, didn't seem to have any doubts as to the matter, nor as to the folly of an attempt to bring the mob to trial in Jackson county, which, at best, would have been as much as a farce as Warren's so called special court of investigation that exhonorated them of all blame. Berry also seemed to have had a pretty clear understanding of the obligations laid upon the governor by the "organic law" to see the laws of the territory enforced in cases where localities were powerless or negligent. The governor sends the following reply to Berry's letter :

Executive Department, Iowa Territory, Burlington, April 7. 1840.

Sir-I received your letter of the 4th inst. by Captain Smith of the steamboat "Brazil." I regret extremely to hear of the transactions in Jackson county as detailed in your letter. It reflects a disgrace upon our territory, and I trust the persons who may be found guilty of so great a violation of the laws of the territory may ultimately receive the punishment the law prescribes, but it is a subject that is entirely under the control of the judicial branch of the govern- ment. The law gives to the judiciary the power to enforce obedience to its man- dates by fines and penalties. The executive branch has no such power. The executive may issue its proclamation, but he has no power to enforce it. He has neither funds, men, arms or ammunition under his control. The law vests the civil ministerial office with the power of the county and the judiciary is vested with power to impose fines and penalties for disobedience to its com- mands.

However desirous I may be to check such outrageous proceedings, yet I see no way in which an executive interference could be of any benefit. The duty is devolved upon you as district prosecutor to bring the subject before the proper judicial tribunal for investigation which I trust will be promptly and efficiently done. The account of this disgraceful affair, as published in the Iowa Territorial Gazette, of the 4th instant, differs materially from the one given in your letter. How far these accounts may be correct I do not pretend to decide, but one thing is certain, that is that a most disgraceful outrage has been com- mitted upon the laws of your county by somebody, and it becomes your duty, as the legitimate prosecuting officer to have the subject impartially and legiti- mately investigated and to cause the guilty parties, whoever they may be, to be

455

HISTORY OF JACKSON COUNTY

prosecuted and brought to justice. This should be done without prejudice or favor to anyone, but with a single eye to the maintenance of the supremacy of the laws. With sincere respect, I am

Your obedient servant, ROBERT LUCAS.

J. V. Berry, Esquire, district prosecutor, third judicial district, Dubuque.

Governor Lucas seems to have been a great stickler for form, but General Fred Funston would be more efficient in time of earthquakes. Berry had written to him that the judiciary of Jackson county resembled "thirty cents" and that the civil power was in a complete state of anarchy with the legislative representative, probate judge, and sheriff of the county the leading spirit. If the case in this county was as Berry said it was (there is a long string of evidence that it was), he would have no doubt been able (?) to bring the court, grand jury, and all of Jackson county before the bar of justice (if he could have found one) without prejudice or favor to any one, but with a single eye to the maintenance of the laws.

When we consider that Governor Cummins offered one thousand dollars reward for the conviction of the Charles City mob and no witnesses could be found, we easily see what a single eyed "maintenance of the supremacy of the laws" Berry would have had of it. The civil government of Jackson county was in a state of insurrection against the laws and the organic law not only gave the governor power to act in such cases, but commanded him to act, and his statement that he had neither men, money, arms or am- munition under his control, was at least a slip of memory, as he was made commander in chief of all the militia by act of Congress, and as commander in chief had used the militia to aid the law in holding a Missouri sheriff ar- rested for levying on property in Van Buren county, Iowa, at the time of the boundary dispute in 1839. The warrant was issued and served and arrest made by Van Buren county officials. Support was asked of a territorial mar- shal who appealed to the governor for military aid, which was furnished. Therefore he knew he had military power.

There are boys, even, who know that in case the county authorities are un- able to cope with a criminal circumstance or where the local powers are a party to the act, as they were in this case, the responsibility of governing reverts to the state with the governor as its head, and yet back of him is the federal power. Therefore, we do not understand Governor Lucas' reply to J. V. Berry and his total disregard of Colonel John King's letter, as that letter of King's he never answered, or, at least it so appears, as there is no file of it.

We have a right to presume, though, that he was influenced by the sensa- tional account as given by members of the mob influential in court, militia, and legislative circles, and published in the Iowa Territorial Gazette. He seems to have been as undemocratic nearly, as the czar of Russia, as it seems he paid no attention to any correspondence, however important, unless it bore an official stamp. There is not among his letters an answer even to the sworn petition of Roderfer and other citizens of Jackson county as to the eligibility of Thomas Cox for the legislature, although there are found in his letter files several hymns of his composition.

Hymns are, a potent force at a prayer meeting, but the judicial and politi- cal affairs of Jackson county at that time were not exactly similar to a prayer meeting. Taking into consideration only the evidence in favor of Brown and against the mob's action that comes to us first handed from those on the then field of action, which is written into history and corroborated by tradition (and also by Captain Warren's writings, as to many of the salient points), viz .: the letter of Colonel King, first chief justice of Dubuque county ; the let- ter of J. V. Berry, public prosecutor of the third judicial district at that time, the dictated leter of Joseph Henri, a Bellevue constable, and acting deputy sheriff at the time of the fight, who would not take a hand in mobbing Brown ;

456

HISTORY OF JACKSON COUNTY

the letter of S. Burleson to the Excelsior in 1879, and the written statement of A. H. Wilson, we find that all these accounts by men then living, are all in published form in Number 2 of the Jackson County Annals, and all agree as to the seemingly groundless charges against Brown as a criminal and agree as to the injustice and inhuman acts of the mob.

And the several accounts of Burleson, Wilson and Henri agree as to the jealousy of business rivals of Brown and agree as to the political rivalry be- tween Brown and Cox and the intense hatred of Cox for Brown (that point Warren corroborates) and agree, as does Warren, that Cox was very intem- perate and passionate. Burleson, Henri and Wilson agree that Cox and the rest of the mob were too drunk to be rational at the time of the attack on Brown's Hotel. None of these men who made these several statements were in the fight, consequently had no personal defense as a motive for their stories.

So far as I am aware, neither King, Berry, nor Wilson were eye witnesses of the Bellevue tragedy. But Burleson and Henri were both non-participant spectators of the affair and capable of speaking from personal knowledge. Burleson lived all of his remaining life on his farm in South Fork township, and wrote his account of the circumstances in 1879, thirty-nine years after the event. Joseph Henri left Iowa about a year after the Bellevue war, and was . not back here until 1897, fifty-seven years after that event, and was visiting John E. Goodenow, a settler of 1838, and who knew Henri when he was con- structing a sawmill on Mill Creek, south of the present limits of Maquoketa.

The mill was wrecked by high water and that made a financial wreck of Henri, after which he went to Bellevue, where he spent his time working at the carpenter trade until sometime in 1841, when he left the territory.

The account of the affair by Burleson, and the account of the affair by Henri, though written thirty-nine and fifty-seven years after the event, with no knowledge of the parties of each other through the lapse of over half a century agree so closely as to details that one might believe that both accounts were the product of one and the same person; one written, as Henri's was, in a mood of reminiscence, and the other, as Burleson's was, in a mood of partial provocation caused by memories of the trial he had with many of the self-same members of the mob in trying to get a settlement with them while administrator of Brown's estate.

Anson Wilson's statements as found in Number 2 of the Annals of Jack- son County, was made in 1906, still many years later than Burleson's and Henri's, and corroborates nearly every detail, and the three several statements of the three aforesaid parties support the main body of King's and Berry's charges against the mob and its leaders as made to Governor Lucas a few days after Brown and others were killed and the prisoners disposed of by Judge Lynch's court. Now the question inevitably comes: Is the evidence of these men, backed up by known opinions of many other pioneers, among them such men as the late John E. Goodenow, of Maquoketa ; Nathaniel But- terworth, of Andrew : the Biltoes and Forbes of Bellevue (the latter two were eye witnesses), to be impeached by historians of today ?

Evidence by men with no known personal interest more than any man should have, and which would be considered unimpeachable by any unbiased judge or jury. On the other hand, we are expected to accept as positive and unquestionable evidence, the popular version (popular, seemingly, because the mob was composed largely of men of power and political standing in the country), evidence of which there is little (I know of none), on record from the pen of any eye witness except the writings of Captain Warren, who was directly concerned in clearing himself and friends from criminal blame, if such existed. It is evidence, though true or false, that would not be accepted as conclusive, only in so far as it tends to condemn the defendant by any strictly impartial judge or jury.

457

HISTORY OF JACKSON COUNTY

Mr. Reid says, in Jackson County Annals Number 2, that Mr. Warren wrote at least three different accounts of the Bellevue war, the first being published in the "Loyal West" by Henry Howe, in Cincinnati, in 1865, ex- tracts from it being published in the annals of Iowa for April, 1869. Another very long account was published in the Bellevue Leader in 1875, which was partly condensed by the compilers of the Jackson County History of 1879, then in the same history is printed a communication written by W. A. Warren in the fall of 1879, in reply to one signed "Old Settler."

Old Settler was Shadrack Burleson, who, as Brown's administrator, was compelled to sue Captain Warren and others to force a collection of debts due the Brown estate. The writer of this has never read the Cincinnati account of the "fracas," but he has read all the rest several times. If read with all its embellishments of plots and counter plots and assertions of alibis (that the docket disputes), that it is said made justice heartsick and property and life uncertain, the ordinary reader can come to see Brown and his gang as ebony colored villains, and the attacking party, not excepting any of the "heroes ev- ery one of them," as Mr. Reid says. Nevertheless, if this is a government of law, and mob violence is unlawful, and those men were alive today and on trial for unlawfully disposing of the Brown party, and there was no other evi- dence except Captain Warren's writings, any good attorney for the state would strip those writings of all superfluities and with the bones of confession they contain, the Cox-Warren party would surely stand convicted.

We have not written this in the spirit of a "muckraker," or with any hostile feeling toward any party. We have not extolled the many acts of public ben- efit of members of the Cox-Warren party, as that was not our object in writ- ing this, besides it has not been necessary, as they have been written deeply into history by much abler pens than mine. I have made capital of the dam- aging evidence against the Bellevue mob and its leaders, as it was necessary in the above plea in favor of the probable innocence of W. W. Brown, which we could not have done if their case had been as Brown's is; that is, with no one left to put up any defense except aliens with a personal interest which is full of the descendants of those men, many of whom are socially and finan- cially strong, and some of them eminent lawyers with more than a state wide reputation. The columns of every newspaper in the past are open to them to tell what they know about that early tragedy and the historical society of Jackson county will be more than twice glad to publish it, no matter how long. But I hope nothing will open to them, as has been the case, for a veiled sneer at J. W. Ellis, or your humble servant (each of whom has offered evidence against the Bellevue mob) by stating "If I don't stop right here, I will get into the newspapers and become a great historian," Jim might not like it. He may be a little too touchy that way, but so far as we are concerned, and I think that means J. W., too, we solicit honest criticism with evidence back of it, as the student of history wants to know all the facts so he can scratch his head and think out a just conclusion.

To show that in an early day, before public opinion had been more exten- sively moulded by self-interested writers and latter day historians, there was a very strong sentiment in Jackson county against the work of the mob of April 1, 1840, and that King, Berry, Burleson, Goodenow, Butterworth, Wil- son and Henri were not alone in their opinion of that affair, I will quote a short paragraph from the pen of the Rev. Wm. Salter, D. D., a Congregational missionary to Jackson county, Iowa, in 1842; a scholar and college graduate, who, after serving his church for some years here in this county, was called to the pastorate at Burlington, where for about sixty years he has preached regu- larly from the pulpit of the Congregational church.

He has always been an interested historical writer. In the Annals of Jackson County, for the first quarter of 1907, will be found an article from his pen in which he briefly refers to the melee at Bellevue. As a minister of the

458

HISTORY OF JACKSON COUNTY

gospel his reference to the affair must necessarily be couched in seemingly un- biased language. This is what Dr. Salter says :

"When Wisconsin Territory extended to the Missouri River in 1836, Belle- vue was proposed as a central site for the capital, in rivalry with Dubuque. The town was discredited by a sanguinary mob on April 1, 1840, or "war" as it was called, several persons being killed on both sides, and the county seat was moved to the geographical center, the people voting two hundred and eight for Andrew and one hundred and eleven for Bellevue."

Dr. Salter being fully conversant with the meaning of the words he used knew what to say. Let us take Webster's definition of "discredited," "san- guinary," and "mob" and see just what Dr. Salter in substance said. The fol- lowing is the entire paragraph so interpreted. The town was "discredited" brought into disrepute, disgraced "by a sanguinary" murderous, blood thirsty, cruel, eager to shed blood, "mob" crowd or promiscuous multitude and dis- orderly. There is diplomacy in writing and it is necessary for preachers. But it will be noticed he does not, in his own language, give the Bellevue affray the dignity that is supposed to go with the word "war." He only uses it as the language of others. His statement, though terse, clearly means that on account of the disgrace and disrepute brought upon Bellevue by mob violence, the people of Jackson county took the county seat away from that town. The writer has always supposed it was on account of the need of a centrally lo- cated county seat. But, no doubt, the Rev. Salter knows what he says. He certainly does as to the definition of his words. He in no place refers to the cause that led up to the Bellevue war or mentions the name of Brown or speaks of outlaws and counterfeiters as in any way connected with that "sanguinary mob."

This short paragraph of Dr. Salter's shows conclusively to the thoughtful mind that the attack on and the summary punishment of the Brown party was not universally hailed as an act of heroism in those early days. It would be folly to claim the Brown party were a drove of lambs and the Cox-Warren party a natural pack of wolves, as it is not likely the Thompson faction we have previously spoken of, went about holding out the olive branch to the Mitchell faction, or that Brown offered his enemies his vest also when they sought his coat. Ordinarily human nature does not run in that groove. The likelihood is that there was a factional brew on between the Mitchell and Thompson factions that savored of the Kentucky and Tennessee feuds which sooner or later had to come to a head and that there was a political bee in the bonnets of both Brown and Cox; that each was bound to swarm, and it would seem from the evidence we have submitted that Cox tried to hive it with the aid of this factional feeling by being a party to Brown's arrest and humilia- tion, without taking into reckoning the demon of mob madness that takes possession of men's souls in the face of physical opposition when the restraint of conservative reasoning is temporarily lost.

It is charitable, also rational, to believe that they thought the few men who would stand with Brown in the face of the probable danger of opposing eighty armed men, could be taken and Brown and his friends discredited without bloodshed. But after the mistake had been made and men killed illegally by the pandemonium of man's wild nature that had reigned supreme, it became necessary to apply heroic remedies to save our Jackson county government's guardians from public censure (that is the kindest word I can think of), hence, naturally, the "citizen's court ;" hence also (as would be human nature), vin- dication by special grand jury of "Brown's own friends," as Mr. Warren in- forms us. Hence a great deal of pro and con history and seventy years of controversy. The fruit of mob violence has the same taste to a portion of mankind, no matter who picks it, whether there is great provocation, or no just provocation at all. It is anarchy, pure and simple, government disorgan-

459

HISTORY OF JACKSON COUNTY

ized ; has no place in the lexicon of civilization and is not a display of heroism, but temporary insanity "running amuck."

We have tried not to express our own opinion as to the Bellevue war, ex- cept as the evidence seems to warrant. The claim as to so much robbery being committed in Jackson county in early days is extremely doubtful. Anson Wilson says there was not. Levi Wagoner, however, says that as late as since 1855 members of Brown's gang were doing business in western Jackson county and "life and property wasn't safe." The writer came to western Jackson county, Iowa, with his parents in 1856 and in all the years following neither his nor his father's house or outbuildings have been locked by night or by day, and in the half century neither his nor his father's house has ever been entered with unlawful design, so far as known, or a dollar's worth of any kind of prop- erty stolen. We have found Jackson county a mighty safe place to live in so far as security for property is concerned. The writer was once knocked down and kicked into insensibility (or the middle of next week) by a drunken mob, but that is only nature's law not to fit one for life. It can be asked, has been asked, why, if this criticism is just, were not those men removed from office as recommended by Colonel King and why Colonel Cox was afterward re- turned to the legislature and made speaker of the house.

When someone can analyze political rings to my understanding I can an- swer the first ; and when someone explains the why of that inborn human trait that leads men, even healthy, animated preachers, to secretly cheer physical force victorious, even in a dog fight, I will be able to answer the last.

Now we will close this (until we have to open it again in our own defense) and we give it over to the court of public thought. We would have liked to have seen it in the Annals of Jackson County instead of on file in a newspaper office, where it is not so apt to face the future public. But historical societies are sometimes apparently inclined to be of the nature of the talked of "elastic currency," that is, they pucker up where there is a question of veracity affect- ing prominence, though silence leaves its shadow on the names of many less fortunate as to power of attorney, and unpucker to admit a resurrection of some case of manslaughter (that is of no real historic interest to the future and con- cerns no stranger) against some little runt four feet in stature and ten feet high in "sand" who was unwise enough to get into a dispute in a saloon and hasty enough to shoot after being followed into the street and attacked by a bully weighing about two hundred pounds. Legitimate material, of course, for any historical society that wants it, still containing no question of honor not al- ready legal and fairly settled by a court of justice.

I may be too realistic, but all men look alike to me, seen under like condi- tions for what they achieve. I have an utter contempt for the too often glori- fication of men with bombastic titles, cursed inheritance from a feudal age. In a matter of this kind where there is a point of honor at stake, it is emi- nently correct not to be firing from the ambush of an assumed name. There- fore, I am truly yours, John O. Seeley.

JOE HENRY'S STORY. (By J. W. Ellis.)

Last Saturday morning, Mr. J. E. Goodenow entered our office accompa- nied by a very aged man whom he introduced as Joseph Henry, a man who had lived in the vicinity of Maquoketa before Maquoketa was thought of.

The writer knew something of Joe Henry away back in the early days, but supposed that he had long ago joined the great majority of the Jackson county pioneers on the other shore. The old gentleman spent the forenoon with us, and gave us a brief outline of his history so far as it was connected with this county.

460

HISTORY OF JACKSON COUNTY

He came to Bellevue in 1835, worked at the carpenter trade for a time, then got a claim on the Maquoketa River, where Higginsport is; this he traded for a claim in the forks of the Maquoketa, intending to build a sawmill on it, and partly built the frame for one on the branch that runs through Hurstville. In some way he lost this claim; he then took up a claim which was afterward known as the Lyman Bates farm, now owned by M. E. Finton, and built a sawmill on Mill Creek, some eighty rods above where McCloy's Mill was afterward built ; this was in 1837, the mill was completed in the fall. On the Ist day of January, 1838, it began to rain, and a great flood came and swept away the products of all his labor and savings and left him without a dollar. He says: "In a few days after the flood, George Clausen came down from Dubuque and bought a yoke of cattle to butcher and stayed a night with me. I got him to let me help him drive the cattle to Dubuque and he paid me one dollar and a half for it, and kept me over night. A man by the name of Hapgood owed me ten dollars. I went to a Mr. Downs to inquire for him, told him my situation, what I had and where I was from. He gave me his hand and said, 'Henry, I know you, everybody that comes from that country stops with you and speaks well of you, now just make yourself at home, you are

welcome to all you can eat and drink.' While I was in Dubuque an agent came up from Davenport to get voters to go to Davenport to vote for the county seat for that place. He offered to pay my fare to Davenport and back, and board me. He finally made a bargain with me to give me one dollar and fifty cents a day to help him get a crowd to go with him. We got three sled loads of men from Dubuque, stopped at Bellevue and got two sled loads there. On leaving Bellevue each sled contained a big jug full of whiskey.

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 Jackson County, Iowa; Volume I, Part 66

Author: Ellis, James Whitcomb, 1848-; Clarke, S. J., publishing company Publication date: 1910 Publisher: Chicago, S. J. Clarke Publishing Co. Number of Pages: 730

Author: Ellis, James Whitcomb, 1848-; Clarke, S. J., publishing company
Publication date: 1910
Publisher: Chicago, S. J. Clarke Publishing Co.
Number of Pages: 730