USA > Iowa > Warren County > History of Warren County, Iowa : from its earliest settlement to 1908; with biographical sketches of some prominent citizens of the county > Part 3
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killed Lott's stock and burned his cabin, now he had visited a heavier punishment upon them. If the quarrel had ended there, the community would long since have forgotten the incident, but revenge may be hushed into quiet, yet it is a quality that never dies, whether in white or red men. Ink-pa-du-ta, like Lott, took his time to weigh and survey all the surroundings. He determined that white blood should answer for the death of his mother and brother, whether that blood was nearly or remotely related to Lott. He was the more enraged because he believed that the white people had shielded Lott and aided in his escape. He waited and watched for a favorable opportunity when he might glut his revenge to the fullest extent. He prowled about, observing each new settler who came into the upper Des Moines country. At last the opportune time arrived. It was the winter of 1856-7; a winter remembered to this day by the first settlers of that region; indeed it was the severest and most destructive ever known in Iowa. The winter of 1842-3 was probably as cold, but the settlers at that time were largely located in the timber and on the rivers, where it was comparatively easy to obtain supplies. By 1856 the pioneers had pushed into the interior of the state, and to the very borders of the northern line. Many were several miles from timber, where they had hastily erected rude cabins in which were scanty supplies, and but little provisions made for the domestic animals. On the first day of December the snow began to fall, and a furious blizzard pre- vailed for three days. The snow had fallen to an average depth of three feet or more, the mercury went down to from thirty to forty degrees below zero. The winds were high and often moved at hurricane rates, driving the snow into the ravines in many places to a depth of forty feet, making it almost impossible to travel with a team in any direction. The live-stock in the new settlements fared badly, much of it perished. The deer and elk met with a similar fate. The hardships endured in the northwestern part of the state can scarcely be de- scribed at this late date by one who witnessed them, much less by a writer who never had similar experiences. In the fall of 1856, a little settlement had been made around the Okoboji and Spirit lakes, composed of nearly fifty souls. When the storm came Rowland Gardner, Harvey Luce, (Gardner's son-in-law,) each had cabins. Another cabin had been erected by Dr. Herriott. Bertell Snyder, William and Carl Granger. Nearby was the cabin of James II. Mattoeks and family. Robert Mathieson and son boarded with Mattoeks, Not far away was Joel Ilowe's cabin. One mile from Howe's was his son-in-law, Alvin Noble. · together with Joseph M. Hatcher and wife; with them boarded a trapper named Markham. William Marble and wife had established themselves on the west shore of Spirit lake, some six miles away from those mentioned. By the middle of the winter their food supplies were almost exhausted. Fort Dodge was the nearest point south where supplies could be obtained, and roads were absolutely impassable. Ink-pa-du-ta was not slow to take in these conditions. He saw the utter helplessness of the settlers on the Little Sionx and around the lakes. Ile and his band no doubt held many pow-wows. and canvassed every possible turn in affairs in case they should begin hostilities. Their plans were well laid, they had cautiously made every necessary preparation for the attack. They first went to the settlers on the Little Sioux and at Gillette's grove, where they shot
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the live-stock, captured the seanty supplies of provisions and appropriated them to their own use. They committed nameless deeds of brutality. In the study of this case. it should be remembered that the Indians claimed that white men had begun the brutal warfare several years before, but all the charges made can never justify the awful tragedy at Spirit and Okoboji lakes. But Indians are savages, and never was savagery more clearly displayed than in this massacre. Up to this time Ink-pa-dn-ta and his band had refrained from downright murder, but it seems like a thousand miracles that the Gillettes ever reached a place of safety. turned out of home with seanty clothing to wrestle with the snow drifts for several miles, with no track in the snow to guide them, but fortunately they made their way through apparent impossibilities. They afterward resided in Boone county for many years. It was on the morning of March the 8th. 1857, while the Gardner family were at breakfast that Ink-pa-du-ta and four of his band unbidden, entered the cabin, their visages indicated their evil determina- tion, but Indian-like they professed friendship until they had eaten all the provision on the table. they undertook to take Gardner's guns which his son-in- law. Mr. Lnee, resisted. About this time three neighbor men came in, and the savages withdrew. Mr. Gardner, the most far-seeing man in the company, connseled the young men to gather all the neighbors into his house that they might fortify and make the best defense possible. for he believed the Indians were evil-disposed. but the young men thought that there was no danger. If Mr. Gardner's advice had been taken the massacre might have been saverted. for a while at least. The Indians were deliberate, they waited around until near noon, making no further demonstration than shooting the cattle. About noon the Gardners heard rapid firing over at Mattocks'. This settled the question ; all knew that the trying hour had arrived. Gardner's wife objected to barriead- ing the door. or making any resistance, believing that kindness was the best weapon. This shows how little she knew of Indian nature. When the firing began at the Mattoeks. Dr. Herriott and Bert Snyder hastened to the spot, but the savages were too strong for them. No doubt they made a brave effort to save the women and children, but all in vain. They were slain in a hand to hand encounter. The cabin was set on fire. Late in the afternoon they approached the Gardner home, insolently walked into the house and asked for meal. Gardner started to get some for them in the hope that he might pacify them, but as he turned his back to the Indians he was shot. Mrs. Gardner, Mrs. Luce and the children were all killed with sticks of stove wood. except Abigal Gardner, a girl of fourteen. who was taken prisoner. She was dragged over to the Mattocks cabin, saw it in flames, and heard the groans of some of the inmates, who were still capable of making a noise; she saw the dead men, who fought to the last. No wonder that she begged the savages to kill her. What a night for the poor girl, as the worse than savages daneed and yelled in fiendish triumph over their ghastly deed of carnage. The next day they went from cabin to cabin until the entire neighborhood had been massacred, except three married women, Mrs. J. M.
· Thatcher, Mrs. Lydia Noble and Mrs. Margaret Marble. These with Abigal Gardner made four prisoners, the other thirty-nine were killed. Mr. Thatcher. husband of one of the prisoners, had been absent ; Mr. Noble and Mr. Marble had
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been killed. Morris Markham who had been boarding with the Thatchers, was away at the time, but returned on the night of the 10th, and knew nothing of what had taken place, but as soon as he reached the Thatcher cabin, a glance and the situation and all was revealed to him. He barely escaped getting into the Indian camp, but determined to make his way, if possible, to Springfield, Minne- sota and give the alarm. His warning was almost too late, the settlers did not all get to the place agreed upon as the fort. The next day several were overtaken and killed. A little boy, who belonged to the home where the rendezvous was made, was making his way to the house when he was shot in the head, and lay upon the steps moaning. His mother within the house could hear his eries but was powerless to aid him. The resistance of the inmates of the cabin was sue- cessful. A Mrs. Church, whose husband had gone to Fort Dodge, and who afterward returned with the rescuers, nobly did her part in the defense of that day. It was affirmed by the company that she shot and killed a savage who peered from behind a tree. It was a fearful contest, but at last the Indians, seeing that they were losing ground, withdrew, and gave the settlers a rest, but not assurance that they were safe. They did not know at what hour the savages might return and renew the attack. They felt that it would be wise to imme- diately start south in the direction of the nearest white settlement. Accordingly they rigged an ox team and started through the snow drifts for Fort Dodge, a distance of ninety miles. On March the 24th, R. U. Wheelock, O. C. Howe and B. E. Parmenter arrived in Fort Dodge and confirmed a report that had already reached there of the Spirit lake massacre. They had gone to Spirit lake expect- ing to improve their lands, which they had purchased the fall before, but found only dead bodies, and hastened immediately to Fort Dodge to bear the sad news. The next day a public meeting was called and eighty men volunteered to start to the lakes. The news reached Webster City and a company of forty men was enlisted there under the captainey of J. C. Johnson. John E. Duncombe and C. B. Richards were appointed captains of the men raised at Fort Dodge. Major William Williams was placed in command of the battalion of one hundred and twenty men. Major Williams had been some time at Fort Clark and was familiar with military tacties and with Indian methods of warfare; he was then sixty-two years of age. A more suitable man could not have been found in the state for the command. On the 25th of March, the battalion of one hundred and twenty men with wagons, clothing and provisions, started on the most perilous campaign recorded in American history. Such was the depth of the snow and other intervening obstacles, that the first day they made but seven of the severity miles before them. The second day they made ten miles; here ten men utterly failed and had to return. The one hundred and ten pressed on; the march was tedious. Frequently the men had to tramp a path through the snow and then pull the wagons through. The streams were swift and had to be waded by men and beasts. Several of the men were attacked by snow blindness. Their slow progress made it apparent that they had but a scanty supply of food, and they had at onee to begin strict economy in that line. The entire march lasted eighteen days. On March the 31st, having been out six days, they came to a high piece of ground near High lake in Emmet county.
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They saw ahead what they supposed to be Indians ready for battle. All ex- pected to be plunged into a bloody confliet in a few minutes, but upon coming closer they discovered oxen, and then white faces. As they approached, W. L. Church, in the advance, cried: "Oh, boys! There are my wife and babies." The party met by the soldiers was that from Springfield, Minnesota. For three days and four nights they had been making their way southward through the snow drifts as best they could. The meeting of Church and his family will never be forgotten by those who witnessed it. When the rescuers reached a point near where the town of Estherville now stands, they learned that a party of soldiers from Fort Ridgely had scoured the country about the lakes and along the Minnesota line, and that the Sioux had escaped. Major Williams thought it would be well to send a party to the lakes to bury the dead. Im- mediately twenty-six of the battalion volunteered to undertake the hazardous task. The Irish colony was designated as the meeting place for the main body and those detached to bury the dead. Several. of the burial party were abso- lutely dazed when they entered the Irish colony, so mineh so that they knew nothing. Fortunately others were calm and deliberate, and gave direction to their movements. Now every effort was put forth to make a safe return to Fort Dodge. A terrible blizzard broke forth upon them; the mercury sank away below zero. The difficulty of travel was greatly increased. By far the worst part of the journey was before them, but stimulated by the hope of getting home, they urged on until they marched into Fort Dodge, having made the most perilous march on record. Reached home! No, not all. Two men, William E. Burkholder and Captain Johnson of Webster City, wandered away from their fellow-soldiers and perished. One at least of the bodies was not found for ten years. It was identified by pieces of clothing and a gun. The soldiers from Fort Ridgely and the battalion from Fort Dodge frightened the Indians. Ink-pa-du-ta and his band went into Dakota and were never punished for this terrible massacre. The women who were prisoners were compelled to walk, and at night were made to gather wood and set up the tepees. The fact that Mrs. Thatcher was ill was overlooked by the savages. She was made to do as the others. Not wanting to be troubled any longer with her, while crossing a stream on a narrow bridge, she was pushed off into the water and shot. Mrs. Noble wept and wailed almost continuously, so they grew tired of her and put an end to her life. Mrs. Marble was sold to another band of Sioux, and afterward rescued by an Indian agent at Yellow Medicine River, Minnesota. Later Abigal Gardner was purchased from the Sioux at the same place. The price paid for her was two horses, twelve blankets, two kegs of powder, thirty-two yards of cloth and ten pounds of tobacco. Abigal lived to be grown and married; and twenty- five years after this awful experience, wrote and published a history of the massacre, from which many of the facts contained in this narrative were gleaned. Also credit is here given to the "Making of Iowa," by Sabin.
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THIE NORTHWEST TERRITORY.
At the close of the Revolutionary war, the colonies fell heir to a vast ter- ritory which was afterward called The Northwest Territory. It comprised what is now known as the states of Ohio, Indiana, Illinois, Michigan, Wisconsin, and a part of Minnesota. Virginia laid claim to this territory, but New York, Massachusetts and Connecticut also claimed to have rights therein. Maryland opposed granting such vast stretches of territory to any of the states and re- fused to sign the Articles of Federation until this territory was ceded to the United States. Maryland maintained that the general goverment was the rightful owner of all territory outside of the original colonies. Congress wrestled with the problem of organizing this territory for several years. It was not until the year 1787 that the matter was settled. The Ordinance of 1787, which put the territory in dispute under the control of the general government, has justly been denominated the great "American Charter." It is one of the wisest state documents ever evolved in this or any other country. It received the unanimous endorsement of all the states that were present at the time of its adoption, and although it forever prohibited slavery in the territory, Virginia, Delaware, New York, New Jersey, North Carolina, South Carolina and Georgia, all slave holding colonies, voted for the Ordinance. At that time many of the foremost statesmen of the south were strongly opposed to the existence and extension of slavery. This document has been praised and will be praised by the best authorities in this country. In speaking of it, Daniel Webster said: "We are accustomed to praise the law givers of antiquity, but I doubt not whether one single law, ancient or modern, has produced effects of more distinet, marked, and lasting character than the Ordinance of 1787." Chief Justice Salmon P. Chase, speaking of this act, said: "Never probably in the history of the world did a measure of legislation so accurately fulfill and yet so mightily exceed the anticipations of the legislators. It has been well de- seribed as having been a pillar of cloud by day and of fire by night, in the settlement and government of the Northwestern States." The student of history must give careful thought to this document, because it unfolds the plan by which territories have been settled and developed into states. Therefore, the document in its entirety is here given.
THE ORDINANCE OF 1787.
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE OHIO RIVER.
(1.) Be it ordained by the United States, in Congress assembled, That the said territory, for the purpose of temporary government, be one distriet ; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
(2.) Be it ordained by the authority aforesaid, That the estates, both of
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resident and non-resident proprietors in the said territory, dying intestate, shall descend to and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take a share of their deceased parent in equal parts among them; and where there shall be no children of descendants, then in equal parts to the next kin. in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them. their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower shall remain in force until altered by the legislature of the district. And unitl the governor and judges shall adopt laws, as hereinafter mentioned. estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age.) and attested by three witnesses; and real estates may be conveyed by lease and release, or bar- gain and sale, signed, sealed and delivered by the person, being of full age. in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts and registers shall be appointed for that purpose; and personal property may be transferred by delivery ; saving, however, to the French and Canadian inhabi- tants. and other settlers of Kaskaskias, Saint Vineents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them relative to the descent and conveyance of property.
(3.) Be it ordained by the authority aforesaid, That there shall be ap- pointed from time to time, by Congress, a governor, whose commission shall continue in foree for the term of three years, unless sooner revoked by Con- gress; he shall reside in the district, and have a freehold estate therein in one thousand acres of land. while in the exercise of his office.
(4.) There shall be appointed from time to time by Congress, a secretary. whose commission shall continue in force for four years. unless sooner revoked ; he shall reside in the district, and have a freehold estate therein in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive depart- ment; and transmit authentie copies of such aets and proceedings, every six months, to the secretary of Congress. There shall also be appointed a court. to consist of three judges, and two of whom form a court, who shall have a common law jurisdiction. and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continne in force during good behavior.
(5.) The governor and judges, or a majority of them, shall adopt and publish, in the district, such laws of the original states, criminal and civil, as may be necessary and best suited to the circumstances of the district. and report
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them to Congress from time to time; which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress ; but afterwards the legislature shall have authority to alter them as they shall think fit.
(6.) The governor, for the time being. shall be commander-in-chief of the militia. appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.
(7.) Previous to the organization of the general assembly. the governor shall appoint such magistrates and other civil officers, in each county or town- ship. as he shall find necessary for the preservation of peace and good order in the same. After the general assembly shall be organized, the powers and duties of the magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall. during the continuance of this temporary government. be appointed by the governor.
(8.) For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil. the governor shall make proper divisions thereof : and he shall proceed from time to time, as eireminstances may require, to lay out the parts of the district in which the Indian titles shall have been extin- guished. into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.
(9.) So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the governor. they shall receive authority, with time and place, to elect representatives from their counties or townships. to represent them in the general assembly : provided that for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the mmuber of representatives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the legislature: provided that no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the distriet, or unless he shall have resided in the district three years, and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; provided. also, that a freehold in fifty acres of land in the district, having been a citizen of one of the states, and being resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative.
(10.) The representative thus elected shall serve for the term of two years; and in the case of the death of a representative or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residne of the term.
(11.) The general assembly. or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall
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consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum. And the member of the council shall be nominated and appointed in the following manner, to-wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and when met, they shall nominate ten persons. residents in the district, and each possessed of a freehold in five hundred acres of land. and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the commeil. hy death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom Congress shall appoint, and commission for the residue of the term. And every five years, four months at least before the expira- tion of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the vonneil five years, unless sooner removed. And the governor, legislative council and house of representatives shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent ; but no bill or legislative art whatever, shall be of any forre without his assent. The governor shall have power to convene, proroghe and dissolve the general assembly, when in his opinion it shall be expedient.
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