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 6
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buildings. Before the division, the last Wisconsin legislature met at Burling- tou. which was the first legislative body in the future state of Iowa. At this vision Dubuque county was divided so as to organize Clayton. Jackson. Jones Linn. Clinton, Cedar, and Scott counties. President Van Buren appointed Robert Lucas, governor; Wm. B. Conway, secretary: Francis Kichou. marshal : Cyrus S. Jacobs, United States attorney: Charles Mason, chief justice: Joseph Williams and Thomas S. Wilson, associate judges: A. C. Dodge. register: J. P. Van Antwerp, receiver of the United States land offire at Burlington: B. R. Peterkin, register : and Thomas MeKnight. receiver of the land office at Dubwvpie. Governor Lucas received his commission on the 17th July. 1838. W.m. B. Con- way, who had been appointed secretary, hasteved to Burlington and assumed the duties of governor, issued a proclamation for an election. signed the document "acting governor." This very much exasperated Governor Lucas and he ig- uored the proceeding. His first official act was to issue a proclamation dividing the territory into eight representative distriets and apportioning the members of the Conneil and House, among the nineteen counties then organized. The organ- izing art provided for the House of Representatives, consisting of twenty-sis members and the council to consist of thirteen members. Governor Lavas im- undliately issued a proclamation for the election of members of the first territorial legislature, to be held on the 10th day of September, and appointing the 12th day of November for the meeting of the legislature at Burlington. The following is a list of the names, place of residence, nativity, age and occupation of the members elected.
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HISTORY OF WARREN COUNTY
COUNCIL.
Name
County
Nativity Age
Ocenpation
E. A. M. Swarzy Van Buren
Vermont 28
Farmer
J. Keith
Van Buren
Virginia 52 Gunsmith
A. Ingram
Des Moines
Pennsylvania 60 Farmer
Robert Ralston
Des Moines
Ohio
31
Merchant
C. Whittlesey
Cedar
New York
31
Merchant
George Hepner
Des Moines
Kentucky
33
Farmer
Jesse B. Browne Lee
Kentucky
40
Formerly U.S.A.
Jesse D. Payne
Henry
Tennessee
35
Physician
1 .. B. Hughes Henry
Virginia
34
Merchant
JJ. W. Parker
Scott
Vermont
28
Lawyer
Step'n Hempstead Dubnque
Connectient
26
Lawyer
Warner Lewis
Virginia
32
J. M. Clark
Lonisa
New York
25
Farmer
HOUSE OF REPRESENTATIVES.
Name
County
Nativity
Age
Occupation
Win. HI. Wallace Henry
Ohio
27
Farmer
Wm. G. Coop
Henry
Virginin 33
Farmer
A. B. Porter
Henry
Kentucky
30
Farmer
Laurel Simmers Scott
Kentucky
24
Farmer
Jabez Burchard Scott
Pennsylvania
34
Farmer
II. Taylor
Kentucky
27
Farmer
Hardin Nowlin
Illinois
34 Farmer
Andrew Bankston Dubuque
North Carolina
51 Farmer
Thomas Cox
Dubuque
Kentucky
51
Farmer
(. Swan
Dubuque
New York
39
Miner
( *. J. Price
North Carolina 37
Farmer
J. W. Grimes
Des Moines
New Hampshire
22
Lawyer
George Temple
Des Moines
New Hampshire
34
Farmer
George II. Beeler Des Moines
Virginia
39 Merchant
V. B. Delashmutt Des Moines
Virginia
37
Farmer
Thomas Blair
Des Moines
Kentucky
49
Farmer
James Hall
Van Buren
Maryland
27
Sammel Parker
Van Buren
Virginia
34
Farmer
G. S. Bailey
Van Buren
Kentneky
27
Physician
Levi Thornton
Louisa
Pennsylvania
42
Farmer
Wm. L. Toole
Louisa
Virginia
35
Farmer
Robert G. RobertsCedar
Pennsylvania
42
Farmer
John Frierson
Muscatine
Ohio
34
Surveyor
S. C. Hastings
Muscatine
New York
25
Lawyer
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James Brierly
Ohio
29
Farmer
Wm. Patterson
Virginia
37
Farmer
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HISTORY OF WARREN COUNTY
It will be seen from the above list that twenty-three of the thirty-nine members were farmers; that their ages ranged from 22 to 60. They did their work well. considering that the majority of them were without legislative experience. On the 12th day of November, 1838, the legislature elected, met in Burlington, and held its session in the old Zion M. E. church. Jesse B. Browne was chosen President of the Council, and Wm. II. Wallace of Henry county, Speaker of the House. Among the members of the legislature were several young men, who afterward attained high positions, both in state and nation. James W. Grimes, who was the youngest member, afterward was elected gov- ernor of the state and later to the United States senate. Stephen Hempstead. a member of the council, was elected governor of the state in 1850. The legislature after organizing, notified the governor that . they were ready to hear from him. He recommended them to exclude all technicalities and ambiguous phrases, and to consider the wants of the people, such as a system of road laws, the suppression of intemperance and gambling. a system of common schools, and the selection of commissioners to locate the seat of government. The arts of this legislature filled a book of almost five hundred pages, dealing with all the subjects that required legal enactment in that day. It was a strong pro-slave body. They prohibited free negroes from settling in the terri- tory and from becoming a charge on any county. Any citizen, who cared for or protected a free negro, was subject to a fine of one hundred dollars. Slave holders were authorized to come into the territory and recover their slaves.
The Organic AAct declared "that the legislative power shall be vested in the governor and a legislative assembly." Henee, it gave to the governor the power of absolute veto over all acts of the assembly. The Organizing Art also gave the governor power to appoint all inferior judicial officers, justices of peace, sheriff's, militia officers, and county surveyors, so that he was in real power no less than a king. Owing to the authority reposed in the governor. he soon found himself in trouble with the legislature. The legislature had not proceeded far mutil there was conflict between the governor and the two Houses. The governor assumed the power to veto any or all the arts of the legislature. A joint resolution requested the governor to immediately notify the assembly upon the approval of a bill; this he declined to do. A special committee was appointed to consider the governor's vetoes, which committee reported in part as follows :
"Several bills of importance have been vetoed by the governor, some ap- proved in part, and to some he has attached exceptions and explanations. We do not consider that the governor has treated the Assembly with dignity or fairness due to it or himself as executive. We deny the power of the governor to unconditionally veto bills. We claim that the act organizing the territory makes it the imperative duty of the Governor to approve all bills passed by the Legislative Assembly. We believe that Congress never intended that the vote power should be exercised by the governor. We believe the principle claimed by the governor is dangerous and pernicious, and as representatives of a free people we cannot acquiesce in it."
Andrew Bankson, of Dubuque, offered a resolution declaring that : " Rubert
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HISTORY OF WARREN COUNTY
Lucas is unfit to be ruler of a free people, and that a committee be appointed to report a memorial setting forth our reasons to the president, and praying for his immediate removal from office." Twelve votes were recorded in favor of the resolution and ten against it. A lengthy memorial. containing many grievances and complaints, and requesting the removal of the governor from office, was adopted by a vote of sixteen for. and eight against. The memorial was signed by the presiding officers of the two Houses and forwarded to Washington. The minority claimed the privilege of filing a protest to accompany the memorial, but was denied the privilege by a vote of sixteen to eight. The declaration of the minority is as follows :
"Believing the governor is acceptable as executive to a large majority of the people of the territory, and believing him to be an honest and pure man, and in all respects well qualified for the high station he now holds, we desire his continuance in office." This was also forwarded to the President, who asked the governor for an explanation, which was given in a satisfactory way, so that the President continued him in office until the expiration of his term. The governor believed and so expressed himself that W. B. Conway, the secretary, inspired all this opposition and formulated the resolution requesting his removal. This seems to have been the end of the controversy. All parties settled down to business. The Organic Act gave the executive great authority in these words: "The executive power and authority over the said territory of Iowa shall be vested in a governor, who shall hold his office for three years unless sooner removed by the President of the United States." And further: "that the legislative power shall be vested in a governor and in a legislative assem- bly." It seems from this that the governor was not transcending the limit of his powers, but the legislature thought he was. The result of the controversy was that Congress adopted two amendments to the Organic Act on the same day, March 3, 1839.
AMENDMENTS TO THE ORGANIC LAW.
AN ACT TO ALTER AND AMEND THE ORGANIC LAW OF THE TERRITORIES OF WISCONSIN AND JOWA.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every bill which shall have passed the Council and House of Representatives of the territories of Iowa and Wisconsin shall, before it becomes a law, be presented to the governor of the territory; if he approve he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such consideration, two-thirds of that honse shall agree to pass the bill, it shall be sent, together with the objections. to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house it shall become a law. But in all such cases the votes of both honses shall be
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HISTORY OF WARREN COUNTY
determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within three days, (Sunday excepted.) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly by adjournment prevent its return, in which case it shall not be a law.
Section 2. And be it further enacted. That this act shall not be so construed as to deprive Congress of the right to disapprove of any law passed by the said legislative assembly, or in any way impair or alter the power of Congress over laws passed by said assembly.
AN ACT TO AUTHORIZE THE ELECTION OR APPOINTMENT OF CERTAIN OFFICERS IN THE TERRITORY OF IOWA. AND FOR OTHER PURPOSES.
Sertion 1. Be it enacted by the Senate and House of Representatives of the United States of America. in Congress assembled. That the legislative assembly of the territory of Iowa, shall be, and are hereby authorized. to pro- vide by law for the election or appointment of sheriff's, judges of probate. justices of the peace, and county surveyors within the said territory. in such way or munner, and at such times and places, as to them mmy seem proper : and. after a law shall have been passed by the legislative assembly for that purpose. all elections or appointments of the above named officers thereafter to he had or made shall be in pursuance of such law.
Section 2. And be it further enacted. That the term of service of the present delegate for said territory of Towa shall expire on the twenty-seventh day of October. eighteen hundred and forty : and the qualified electors of said territory may elect a delegate to serve from the said twenty-seventh day of October to the fourth day of March thereafter, at such time and place as shall he prescribed by law by the legislative assembly, and thereafter a delegate shall I. elected, at such time and place as the legislative assembly may direct. to serve for a Congress. as members of the House of Representatives are now derted.
If the two amendments just recited had been incorporated into the original Organic Act. the trouble between Governor Lucas and the legislature could not have arisen. W. B. Conway. the secretary, died November. 1839. James Clarke. was appointed in his stead. Channeey Swan. of Dubuque county: General Ronalds, of Louisa county, and Robert Ralston. of Des Moines county. were appointed commissioners to locate the seat of government and directed to mert at the town of Napoleon. in Johnson county, on the first Monday of May. 1839 They were limited to that county in the selection of a site. They seeured the title to six hundred and forty acres of land. had it surveyed into lots, derided to erect thereon a capitol building to be superintended by Chauncey Swan The new town was named Iowa City, and was located about two miles northwest of the town of Napoleon. The next session of the legislature which began in November. 1839. in Burlington, passed an act requiring the commissioners tu adopt a plan for the building, limiting the cost thereof to fifty-one thousand
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HISTORY OF WARREN COUNTY
dollars. The corner stone, with appropriate ceremonies, was laid on the fourth day of July. 1840, Governor Robert Lncas delivering an oration. In September. 1838, Wm. W. Chapman was elected delegate to Congress for the next sur- eeeding two years.
Political partisanship was scarcely known in the first legislature. The people were too eager to promote their common interests and encourage immi- gration to enltivate political animosities, but in 1840 they caught the spirit of the presidential campaign that raged throughout the states. Wm. Henry Har- rison, who had been so closely identified with the west for almost half a century, was the whig candidate for President of the United States. He had been a delegate in Congress from the Northwest territory, and had been governor of Indiana territory, and negotiated the treaty at St. Louis in which several Indian chiefs, who had been drinking, ceded to the United States no less than fifty-one million acres of land. General Harrison commanded the white forces at the battle of Tippecanoe in northern Indiana, which proved so disastrous to Tecumseh's forces. The campaign condneted by the whigs had for its motto, "Log cabin and hard cider." Perhaps never in the history of the country did political excitement reach a higher tide than in 1840. The whigs were trium- phant, and the great westerner was elected president ; but unfortunately served only one month, when death came and called him away.
THE BOUNDARY DISPUTE.
The people of Iowa territory and those of the state of Missouri became greatly excited over the line between the two governments. The northern boundary of Missouri was described as the parallel of latitude which passed through the rapids of Des Moines; these rapids were in the Mississippi river, and a little above the month of the Des Moines river. In Van Buren county, Iowa, just below the town of Keosanqua, there is a slight rapids in the Des . Moines river. The governor of Missouri claimed that the line was to be on the parallel of the last named rapids, while the governor of Iowa territory claimed that it was to be on the parallel of the first named rapids in the Mississippi river. By reference to a map, it will be seen that it would make a difference of a strip of some eight miles in width; this was the bone of conten- tion. One David Doose, under the authority of the state of Missouri, went into the contested strip in Van Buren county, Iowa, to collect taxes and perform other duties as a constable; other Missouri officials assumed similar authority, and thus very nearly brought on a war between the two governments. Governor Boggs of Missouri, went so far as to eall ont the militia of that state, in order to possess and maintain authority over the strip in contention. Governor Lucas of Iowa territory, called out his militia, consisting of twelve hundred armed men. No people ever more fully imbibed the war spirit than did the people living in and on either side of this strip of territory. Fortunately, there were some level heads on both sides, who saw that the way out of the difficulty was the way of
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HISTORY OF WARREN COUNTY
peace and not of war. General A. C. Dodge, of Burlington; General Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were appointed commissioners on the part of the territory. The county commissioners of Clark county, Mis- souri, rescinded their order for the collection of taxes in Iowa. The governor of Missouri sent messengers to Governor Lucas, proposing to submit the matter to the Supreme Court of the United States. Governor Lucas declined to accept the proposition, but afterward both Iowa and Missouri petitioned Congress to settle the question. William G. Miner of Missouri, and Henry B. Ilendershott of Iowa, surveyed aud established, under an order of the Supreme Court of the United States, the boundary line, which averted war. The whole matter of contention has been treated as a joke by the people of southern Iowa and northern Missouri, believing that there never was any cause for ill feeling. Governor Lucas filled his teri of office acceptably, at the close of which he was succeeded by John Chambers, who was appointed in 1841. General Robert Lucas was born at Shepardstown, Virginia, April 1, 1781. He was a descendant of the immortal peace man, Win. Penn. In 1800, Lucas went to Ohio. Ile had not inherited the pacific qualities of character which distinguished his illustrious progenitor. At an early age he began cultivating the spirit of war, so was ready to enter his country's service in 1812, and continued throughout the last conthiet with England, which ended in 1815. He was promoted from captain to lieutenant colonel in the volunteer army, and was brigadier general of the Ohio militia on the frontier. He was chairman of the Democratic con- vention, which nominated Andrew Jackson for president in 1832. Mr. Lucas was governor of the state of Ohio from 1832 to 1836; and as we have seen was appointed governor of lowa territory in 1838. Hle died at Iowa City, February 7th, 1853.
Governor Chambers was a man of large experience, and had passed middle life; he had served for many years in the Kentucky legislature and had also been attorney general of his state, and had been a member of Congress three terms. On the 22d of June, he made his first visit to the new capital, and was kindly received by the people. On the sixth of December, 1841, the fourth Legislative Assembly met in lowa City, in a building prepared by Walter Butler. Some pledges had been made to him that he would be reimbursed. which were never fulfilled. At this session, J. W. Parker of Scott county, was elected president of the council. and Warner Lewis, of Dubuque county, was elected speaker of the house. There were still parties in the legislature who were in favor of calling a convention to frame a constitution preparatory to the admission of the territory as a state. The legislature provided for an art for submission of the question to the voters. The majority of whom were opposed to assuming the duties of statehood at present, indeed every county in the territory gave a majority against the proposition. By virtue of his office, John Chambers was superintendent of Indian affairs, and in September of 1542. made a treaty with the Sae and Fox Indians, in which they coded all their lands in lowa to the United States, and further agreed to move In Kansas within three years. Many settlers rushed into the newly purchased territory, exposing themselves to Indian depredations, and without any warrant of protection from
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the government. Governor Chambers, after having requested these intruders to retire from the territory, called upon the war department to expel them. Captain Beach with a company of soldiers, removed the squatters to the south side of the Des Moines river. It seemed that soldiers were now needed to protect the Indians and care for their rights, rather than to protect the frontier white settlers. So in 1842, Captain James Allen was ordered to establish a post on the Des Moines river to prevent squatters from entering the reservation. The post was located near the Sae and Fox agency, twenty-five miles north of the Missouri line, and sixty-five miles west of Fort Madison. This post was abandoned in May, 1843, and Captain Allen established another post at the mouth of the Raccoon river, the present site of Des Moines. This tract of land was estimated at ten million acres, and the military authorities were unable to prevent squatters from entering the territory before the expiration of the three years, as agreed upon in the treaty. "The hard times" of 1842 reached the territory. Money was scarce, banks all over the states were failing; the Miners' Bank of Dubuque, the only bank in Iown, wns compelled to suspend. The mass of the inhabitants of the territory were unable to purchase many of the actual necessaries of life. The winter following, 1842-'43, was one of unusual severity, beginning early and lasting until late in the spring. The intensity of the cold has not been surpassed or even equaled, unless it was the winter of 1856 and 1857. Great suffering prevailed. Many farmers lost all of their cattle and hogs, and many of the wild animals, such as the deer, prairie chickens and quail, were almost annihilated; perhaps there is no era in the history of Iowa so full of suffering as was this winter of 1842 and 1843. The farmers who had grain or any other farm products to market, found it almost impossible to sell anything for cash. The only market they had was that of immigrants moving into the territory, and the only money put into circulation was that which the immigrants brought. The sixth legislative assembly met at Iowa City, Decem- ber 4, 1843. James Cox was elected president of the council, and James Carlton was chosen speaker of the house. Again Governor Chambers insisted upon the legislature taking steps to organize a state government. An aet was again passed submitting to the people the proposition for the constitutional convention, looking toward statehood, and also for the taking of the census of the territory, which census was taken in 1844, and showed the population to be seventy-five thousand. The election for the convention to frame a constitution, was held in April, 1844. and showed a majority of two thousand seven hundred and forty-five for the convention. Before considering the labor of the consti- tutional convention of 1844, it would be well to turn attention to some other subjects that were agitating the public mind.
Among the various questions that interested the people of the territory, was to find a market for their products. The hard winters, the scarcity of money, and the low prices of farm prodnets, made it very difficult for the average settler to meet expenses ; so that the settlers anxiously watched every movement that would increase expenditures. In 1842-3, immigration had not met expec- tation, and the ery of "hard times" was coming up from every neighborhood
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throughout the territory. Any proposition that pointed toward financial relief was sure to receive due consideration. Wagon transportation was slow and expensive; railways were seemingly far in the future. The only hope for improving the markets lay in the water ways, hence the public mind turned in that direction.
NAVIGATION.
As early as 1841, the settlers in the territory became enthusiastic in regard to the navigation of the rivers, especially the Iowa and Des Moines. Some time during the summer of 1841, a steamer called the "Ripple" ascended the lowa river as far as Iowa City. Upon its arrival the people were frantic with delight. They already were beginning to feel the need of a market. If the rivers were navigable, the question was at once solved. The settlers along the Des Moines river were equally solicitous. In 1843, the "Ione" had landed the soldiers and their equipments at the Raccoon Forks, now Des Moines city. The settlers seemed to have no doubt that with a little improvement the Des Moines river could be navigated a good part of the year. The matter was laid before Congress and a grant of lands was asked for to build dams and thereby con- stitute slack water navigation. The request was considered, and in August, 1846, Congress granted to the state of lowa the odd sections of land, yet unsold, within five miles of the river, on either side, from the mouth of the river to its source. It was for the purpose of making slack water navigation. It was an ummense grant. Some of the lands were sold by the state, and the proceeds honestly expended. The scheme was abandoned as an impracticable one, the lands, or at least most of them, were conveyed to private parties, then followed litigation, stretching through a lifetime. In the meantime the lands were trupied by settlers, much of the timber was stripped off by enterprising saw mill owners, and others. After the first generation of settlers had passed away, and in a large measure new claimants had appeared upon the scene, Congress to a considerable extent indemnified the settlers. By this time it was universally admitted that the Des Moines river was not a navigable stream. The facts are that the occupation of the country by white men has materially affected the river. The draining and tramping of the soil prevents the slow process of nature's drainage, by which the river was kept supplied with water for a longer time than at present. The land-grant as handled by the state and the early contractors, who agreed to improve the river, was one of the greatest land frauds ever perpetrated between the two oceans. Polk. Boone, Webster and Hamilton counties suffered by it, because it hindered permanent settlements. The forces of nature referred to above, and poor engineering, and the visionary judgment of those in authority, account for this blunder, which entailed so much litigation and disappointment. The state authorities did not profit by the transactions, but the parties with whom they dealt were the gainers, and the general government and settlers were the losers.
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