USA > Iowa > Tama County > History of Tama County, Iowa, together with sketches of their towns, villages and townships, educational, civil, military and political history, portraits of prominent persons, and biographies of representative citizens > Part 6
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"We, a committee, having been chosen to draft certain rules and regulations (laws), by which we, as miners, will be governed, and, having duly considered the subject, do unanimously agree that we will be governed by the regulations on the east side of the Mississippi river, with the fol- lowing exceptions, to-wit:
Article I. That each and every man shall hold two hundred yards square of ground by working said ground one day in six."
"Article II. We further agree that there shall be chosen by the majority of the miners present, a person who shall hold this article, and who shall grant letters of arbitration on application having been made, and that said letters of arbitration shall be obligatory on the parties so apply- ing."
The report was accepted by the miners present, who elected Dr Jarote in accord- ance with article second. Here, then, we have, in 1830, a primitive Legislature elected by the people, the law drafted by it being submitted to the people for ap- proval, and under it Dr. Jarote was elected first Governor. And the laws thus enacted were as promptly obeyed as any have been since.
After this, the miners, who had thus erected an independent government of their own on the west side of the Missis- sippi river, continued to work succ ssfully for a long time, and the new settlement attracted considerable attention. But the west side of the Mississippi belonged to the Sac and Fox Indians, and the Govern- ment, in order to preserve peace on the frontier, as well as to protect the Indians in their rights under the treaty, ordered the settlers not only to stop mining, but to remove from the Indian Territory. They were simply intruders. The execution of this order was intrusted to Col. Zachary Taylor, then in command of the military post at Prairie du Chien, who, early in July, sent an officer to the miners to forbid settlement, and to command the miners to remove, within ten days, to the east side of the Mississippi, or they would be driven off by armed force The miners, how- ever, were reluctant about leaving the rich "leads" they had already discovered and opened, and were not disposed to obey the order to remove with any considerable degree of alacrity.
In due time Colonel Taylor dispatched a detachment of troops to enforce his order. The miners, anticipating their arrival, had, excepting three, recrossed the
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river, and from the east bank saw the troops land on the western shore. The three who had lingered a little too long were, however, permitted to make their eseape unmolested. From this time a mil- itary force was stationed at Dubuque o prevent the settlers from returning, until June, 1832. The Indians returned, and were encouraged to operate the rich mines opened by the late white occupants
In June, 1832, the troops were ordered to the east side of the Mississippi to assist in the annihilation of the very Indians whose rights they had been protecting on the west side. Immediately after the elose of the Black Hawk war, and the negotia- tions of the treaty in September, 1832, by which the Saes and Foxes ceded the tract known as the "Black Hawk Purchase," the settlers, supposing that now they had a right to re-enter the territory, returned and took possession of their claims, built cab- ins, erected furnaces and prepared large quantities of lead for market. But the prospeets of the hardy and enterprising settlers and miners were again ruthlessly interferred with by the Government, on the ground that the treaty with the Indians would not go into force until June Ist, 1833, although they had withdrawn from the vicinity of the settlement. Col. Taylor was again ordered by the War Department to remove the miners, and, in January, 1833, troops were again sent from Prairie du Chien to Dubuque, for that purpose. This was a serious and perhaps unneces- sary hardship imposed upon the miners. They were compelled to abandon their cabins and homes in mid-winter. This, too, was only out of respect for forms, for the purchase had been made, and the In-
dians had retired. After the lapse of fifty years, no very satisfactory reason for this rigorous action of the Government can be given. But the orders had been given, and there was no alternative but to obey. Many of the settlers re-crossed the river, and did not return; a few, however, re- moved to an island near the east bark of the river, built rude cabins of poles, in which to store their lead until spring, when they could float the fruits of their labors to St. Louis for sale, and where they could remain until the treaty went into force, when they could return. Among these were the Langworthy brothers, who had on hand about 300,000 poun.Is of lead.
No sooner had the miners left than Lieu- tenant Covington, who had been placed in command at Dubuque, by Colonel Taylor, ordered some of the cabins of the settlers to be torn down, and wagons and other property to be destroyed. This wanton and inexcusable action on the part of a subordinate, elothed with a little brief authority, was sternly rebuked by Col. Taylor, and Covington was superseded by Lieut. George Wilson, who pursued a just and friendly course with the pioneers, who were only waiting for the time when they could repossess their claims.
The treaty went formally into effect June, 1833; the troops were withdrawn, and the Langworthy brothers and a few others at once returned and resumed pos- session of their homes and claims. From this time must date the first permanent set- tlement of this portion of Iowa Mr. John P. Sheldon was appointed superintendent of the mines, by the Government, and a system of permits to miners and licenses to smelters was adopted, similar to that
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which had been in operation at Galena since 1825, under Lieut. Martin Thomas and Capt. Thomas C. Legate. Substan- tially the primitive law enacted by the miners assembled around that old cotton- wood drift log in 1830, was adopted and enforced by the United States Govern- ment, except that miners were required to sell their mineral to licensed smelters, and the smelter was required to give bonds for the payment of six per cent. of all lead manufactured, to the Government.
The rule in the United States mines, on Fever river, in Illinois, had been, until 1830, that the miners must pay a ten per cent. tax. This tax upon the miners created much dissatisfaction among the miners on the west side, as it had on the east side of the Mississippi. They thought they had suffered hardships and privations enough in opening the way for civilization, without being subjected to the imposition of an odious Government tax upon their means of subsistence, when the Federal Government could better afford to aid than to extort from them. The measure soon became very unpopular. It was difficult to collect the taxes, and the whole system was abolished in about ten years.
About five hundred people arrived in the mining district in 1833, after the In- dian title was fully extinguished, of whom one hundred and fifty were from Galena. In the same year Mr. Langworthy assisted in building the first school-house in Iowa, and thus was formed the nucleus of the populous and thriving city of Dubuque. Mr. Langworthy lived to see the naked prairie on which he first settled become the site of a city of 15,000 inhabitants; the small school-house which he aided in con-
strncting replaced by three substantial ed- ifices, wherein 2,000 children were being trained; churches erected in every part of the city, and railroads connecting the wil- derness, which he first explored, with all the eastern world. He died suddenly, on the 13th of March, 1865, while on a trip over the Dubnque & Southern railroad, at Monticello, and the evening train brought the news of his death, and his remains.
Lucius H. Langworthy, his brother, was one of the most worthy, gifted and influ- ential of the old settlers of this section of Iowa. He died greatly lamented by many friends, in June, 1865.
The name "Dubuque" was given to the settlement by the miners, at a meeting held in 1834.
Soon after the close of the Black Hawk war, in 1832, Zachariah Hawkins, Benja- min Jennings, Aaron White, Augustine Horton, Samuel Gooch, Daniel Thompson and Peter Williams made claims at Fort Madison. In 1833, Gen. John H Knapp and Col. Nathaniel Knapp purchased these claims, and, in the summer of 1835, they laid out the town of "Fort Madison," and lots were exposed for sale early in 1836. The town was subsequently re-surveyed and platted by the United States Govern- ment. The population rapidly increased, and in less than two years the beautiful location was covered by a flourishing town containing nearly 600 inhabitants, with a large proportion of enterprising merchants, mechanics and manufacturers.
In the fall of 1832, Simpson S. White erected a cabin on the site of Burlington, 79 miles below Rock Island During the war, parties had looked longingly upon the "Flint Hills" from the opposite side of the
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river, and White was soon followed by others. David Tothers made a claim on the prairie, about three miles back from the river, at a place since known as the farm of Judge Morgan. The following winter the settlers were driven off by the military from Rock Island, as intruders upon the rights of the Ind'ans. White's cabin was burned by the soldiers. He returned to Illinois, where he remained during the winter, and, in the following summer, as soon as the Indian title was extinguished, returned and re-built his cabin. White was joined by his brother- in-law, Doolittle, and they laid out the town of Burlington in 1834, on a beautiful area of sloping eminences and gentle de- clevities, enclosed within a natural amphi- theater formed by the surrounding hills, which were covered with luxuriant forests, and presented the most picturesque scenery. The same autumn witnessed the opening of the first dry goods stores, by Dr. W. R. Ross and Major Jeremiah Smith, each well supplied with Western merchandise. Such was the beginning of Burlington, which, in less than four years, became the seat of government for the territory of Wisconsin, and, in three years more, contained a pop- ulation of 1,400 persons.
Immediately after the treaty with the Sacs and Foxes, in September, 1832, Col. George Davenport made the first claim on the site of the present thriving eity of Davenport. As early as 1827, Col. Daven- port had established a flat-boat ferry, which ran between the island and the main shore of Iowa, by which he carried on a trade with the Indians west of the Mississippi.
In 1833 Capt. Benjamin W. Clark moved from Illinois, and laid the foundation of
the town of Buffalo, in Scott county, which was the first actual settlement within the limits of that county.
The first settlers of Davenport were Antoine LeClaire, Col. George Davenport, Major Thomas Smith, Major Wm. Gordon, Philip Hambough, Alex. W. McGregor, Levi S. Colton, Captain James May, and others.
A settlement was made in Clayton county in the spring of 1832, on Turkey river, by Robert Hatfield and Wm. W. Wayman. No further settlement was made in this part of the State until 1836
The first settlers of Muscatine county were Benjamin Nye, John Vanater and G. W. Kasey, all of whom came in 1834. E. E. Fay, Wm. St. John, N. Fullington, HI. Reece, Jona Pettibone, R. P. Lowe, Stephen Whicher, Abijah Whitney, J. E Fletcher, W. D. Abernethy and Alexis Smith were also early settlers of Muscatine.
As early as 1824 a French trader named Hart had established a trading post, and built a cabin on the bluffs above the large spring now known as "Mynster Spring," within the limits of the present city of Council Bluffs, and had probably been there some time, as the post was known to the employes of the American Fur Com- pany as "La Cote de Hart," or "Hart's Bluff."
In 1827 an agent of the American Fur Company, Francis Guitar, with others, en- camped in the timber at the foot of the bluffs, about on the present location of Broadway, and afterward settled there. In 1839 a block house was built on the bluff in the cast part of the city. The Pottawatomie Indians occupied this part of the State until 1846 7, when they re-
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linquished the territory and removed to Kansas. Billy Caldwell was then princi- pal chief. There were no white settlers in that part of the State except Indian traders, until the arrival of the Mormons under the lead of Brigham Young. These people, on their way westward, halted for the win- ter of 1846-7 on the west bank of the Mis- souri river, about five miles above Omaha, at a place now called Florence. Some of them had reached the eastern bank of the river the spring before, in season to plant a crop In the spring of 1847 Young and a portion of the colony pursued their jour- ney to Salt Lake, but a large portion of them returne.l to the Iowa side and settled mainly within the present limits of Potta- watomie county. The principal settlement of this strange community was at a place first called "Miller's Hollow," on Indian creek, and afterward named Kanesville, in honor of Col. Kane, of Pennsylvania, who visited them soon afterward. The Mor- mon settlement extended over the county and into neighboring counties, wherever timber and water furnished desirable loca- tions. Orson Hyde, priest, lawyer and editor, was installed as President of the Quorum of Twelve, and all that part of the State remained under Mormon control for several years. In 1847 they raised a bat- talion, numbering 500 men, for the Mexi- can war. In 1848 Hyde started a paper, called the Frontier Guardian, at Kanes- ville.
In 1849, after many of the faithful had left to join Brigham Young, at Salt Lake, the Mormons in this section of Iowa num- bered 6,552, and, in 1850, 7,828, but they were not all within the limits of Pottawat- omie county. This county was organized in 1848, all the first officials being Mor- mons. In 1852 the order was promulgated that all the true believers should gather together at Salt Lake. Genti es flocked in, and in a few years nearly all the first settlers were gone.
May 9, 1843, Capt. James Allen, with a small detachment of troops, on board the steamer "Ione," arrived at the present site of the capital of the State, DesMoines. This was the first steamer to ascend the Des Moines river to this point. The troops and stores were landed at what is now the foot of Court Avenue, Des Moines, and Capt. Allen returned in the steamer to Fort Sanford, to arrange for bringing np more soldiers and supplies. In due time they, too, arrived, and a fort was built near the mouth of Raccoon Fork, at its confluence with the DesMoines, and named Fort DesMoines. Soon after the arrival of the troops, a trading post was established on the east side of the river, by two noted Indian traders, named Ewing, from Ohio. Among the first settlers in this part of Iowa were Benjamin Bryant, J. B. Scott, James Drake (gunsmith), John Sturtevant, Robert Kinzie, Alexander Turner, Peter Newcomer, and others.
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CHAPTER V.
TERRITORIAL AND STATE ORGANIZATIONS.
The immigration to Iowa after the Black Hawk purchase was so rapid and steady that some provision for civil government became necessary. Accordingly, in 1834, all the territory comprising the present States of Iowa, Wisconsin and Minnesota was made subject to the jurisdiction of Michigan Territory. Up to this time there had been no county or other organization in what is now the State of Iowa, although one or two justices of the peace had been appointed, and a postoffice was established at Dubuque in 1833. In September of 1834, therefore, the Territorial Legislature of Michigan created two counties on the west side of the Mississippi river-Du- buque and DesMoines-separated by a line drawn westward from the foot of Rock Island. These counties were partially or- ganized. John King was appointed Chief Justice of Dubuque county, and Isaac Lef- fler (of Burlington) of DesMoines county. Two associate justices, in each county, were appointed by the Governor.
In October, 1835, Gen. George W. Jones, now a citizen of Dubuque, was elected a delegate to Congress. April 20, 1836, through the efforts of Gen. Jones, Con- gress passed a bill creating the Territory of Wisconsin, which went into operation July 4, of the same year. Iowa was then included in the Territory of Wisconsin, of which Gen. Henry Dodge was appointed
Governor; John S. Horner, Secretary; Charles Dunn, Chief Justice; David Irwin and William C. Frazer, Associate Justices. Sept. 9, 1836, Governor Dodge ordered a census of the new Territory to be taken. This census showed a population of 10,531, of which Des Moines county contained 6,257, and Dubuque 4,274. Under the apportionment, the two above named counties were entitled to six members of the Council 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 Wisconsin were elected from the two counties in the Black Hawk purchase :
DUBUQUE-Council : John Fally, Thos. MeKnight, Thos. MeCraney. House: Lor- ing Wheeler, Ilaldin Whelan, Peter Hill Engle, Patrick Quigly, Ilosea F. Camp.
DES MOINES-Council: Jeremiah Smith, Jr., Joseph B. Teas, Arthur B. Ingram. House: Isaac Leffler, Thos. Blair, Warren L. Jenkins, John Box, George W. Teas, Eli Reynolds, David R Chance.
The Legislature assembled at Belmont, in the present State of Wisconsin, October 25th, 1836, and organized by electing Henry Baird President of the Council, and Peter Hill Engle (of Dubuque) Speaker of the House.
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At this session the county of DesMoines was divided into DesMoines, Lee, Van Bu- ren, Henry, Muscatine and Cook. This last is now called Scott county. The first Legislature adjourned December 9th, 1836.
The second Legislature assembled at Burlington, November 9, 1837. It divided Dubuque into the counties of Dubuque, Clayton, Fayette, Delaware, Buchanan, Jackson, Jones, Linn, Benton, Clinton and Cedar, and adjourned January 20th, 1838.
A third session was held at Burlington, commencing June Ist, and ending June 12th, 1838. Most of the new counties were not organized until several years afterward
. The question of the organization of the Territory of Iowa now began to be agi- tated, and the desires of the people found expression in a convention held Nov. 1st, which memoralized Congress to organize a Territory west of the Mississippi, and to settle the boundary line between Wiscon- sin Territory and Missouri. The Territorial Legislature of Wisconsin, then in session at Burlington, joined in the petition Gen. George W. Jones, of Dubuque, then re- siding at Linsinawa Mound, in what is now Wisconsin, was delegate to Congress from Wisconsin Territory, and labored so earn- estly that the act was passed dividing the Territory of Wisconsin, and providing for the territorial government of Iowa. This was approved June 12, 1838, to take effect and be in force on and after July 3, 1838.
The new Territory embraced "all that part of the pr. sent Territory of Wisconsin west of the Mississippi river, and west of a line drawn dne north from the head- waters or sources of the Mississippi to the Territorial line." The organic act pro-
vided 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 Presi- dent, by and with the advice and consent of the Senate.
The act also provided for the election, by the white male inhabitants, citizens of the United States, over 21 years of age, of a House of Representatives, consisting of 26 members, and a council, to consist of 13 members. It also appropriated $5,000 for a public library, and $20,000 for the crec- tion of public buildings.
In accordance with this act, President Van Buren appointed ex-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, issued a proclamation for the elec- tion of members of the first Territorial Legislature, to be held on the 10th of Sep-
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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.
Hlouse-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 Couneil, and IIon. 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 hecded 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 Lucu- 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 sheriff» and magistrates. Among the first important matters demanding at- tention way 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 eentral 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- umphed, and, on January 21st, 1839, an act
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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 Ilawk Purchase. Johnson county was, from north to south, in the geographical center of this purchase, and as near the east and west geographieal 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 Oet. 21, 1837, was immediately west of the county limits.
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