History of western Iowa, its settlement and growth. A comprehensive compilation of progressive events concerning the counties, cities, towns, and villages-biographical sketches of the pioneers and business men, with an authentic history of the state of Iowa, Part 13

Author: Western Publishing Company, Sioux City, Iowa
Publication date: 1882
Publisher: Sioux City, Western Publishing Company
Number of Pages: 586


USA > Iowa > History of western Iowa, its settlement and growth. A comprehensive compilation of progressive events concerning the counties, cities, towns, and villages-biographical sketches of the pioneers and business men, with an authentic history of the state of Iowa > Part 13


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Other States also clothed their troops, sent forward under the first call of President Lincoln, with gray uniforms, but it was soon found that the Confederate forces were also clothed in gray, and that color was at once abandoned by the Union troops. If both armies were clothed alike, annoying if not fatal mistakes were liable to be made.


But while engaged in these efforts to discharge her whole duty, in common with all the other Union-loving States in the great emergency, Iowa was compelled to make immediate and ample pro- vision for the protection of her own borders, from threatened inva- sion on the south by the Secessionists of Missouri, and from incursions from the west and northwest by bands of hostile Indians, who were freed from the usual restraint imposed upon them by the presence of regular troops stationed at the frontier posts. These troops were withdrawn to meet the greater and more press- ing danger threatening the life of the nation at its very heart.


To provide for the adequate defense of her borders from the ravages of both rebels in arms against the Government, and of the more irresistible foes from the Western plains, the Governor of the State was authorized to raise and equip two regiments of infantry, a squadron of cavalry (not less than five companies) and a battalion of artillery (not less than three companies). Only cavalry were enlisted for home defense, however, "but," says Col. Wood, "in times of special danger, or when calls were made by the Unionists of Northern Missouri for assistance against their disloyal enemies, large numbers of militia on foot often turned out, and remained in the field until the necessity for their services had passed.


112


HISTORY OF IOWA.


" The first order for the Iowa volunteers to move to the field was received on the 13th of June. It was issued by Gen. Lyon, then commanding the United States forces in Missouri. The First and Second Infantry immediately embarked in steamboats, and moved to Hannibal. Some two weeks later, the Third In- fantry was ordered to the same point. These three, together with many other of the earlier organized Iowa regiments, rendered their first field service in Missouri. The First Infantry formed a part of the little army with which Gen. Lyon moved on Springfield, and fought the bloody battle of Wilson's Creek. It received un- qualified praise for its gallant bearing on the field. In the follow- ing month (September), the Third Iowa, with but very slight sup- port, fought with honor the sanguinary engagement of Blue Mills Landing; and in November, the Seventh Iowa, as a part of a force commanded by Gen. Grant, greatly distinguished itself in the battle of Belmont, where it poured out its blood like water- losing more than half of the men it took into action.


" The initial operations in which the battles referred to took place, were followed by the more important movements led by Gen. Grant, Gen. Curtis, of this State, and other commanders, which resulted in defeating the armies defending the chief strategic lines held by the Confederates in Kentucky, Tennessee, Missouri and Arkansas, and compelling their withdrawal from much of the territory previously controlled by them in those States. In these and other movements, down to the grand culmin- ating campaign by which Vicksburg was captured and the Con- federacy permanently severed on the line of the Mississippi River, Iowa troops took part in steadily increasing numbers. In the in- vestment and siege of Vicksburg, the State was represented by thirty regiment and two batteries, in addition to which, eight regiments and one battery were employed on the outposts of the besieging army. The brilliancy of their exploits on the many fields where they served, won for them the highest meed of praise, both in military and civil circles. Multipled were the terms in which expression was given to this sentiment, but these words of one of the journals of a neighboring State, 'The Iowa troops have been heroes among heroes,' embody the spirit of all.


"In the veteran re-enlistments that distinguished the closing months of 1863, above all other periods in the history of re-enlist- ments for the national armies, the Iowa three years' men (who were relatively more numerous than those of any other State) were prompt to set the example of volunteering for another term of equal length, thereby adding many thousands to the great army of those who gave this renewed and practical assurance that the cause of the Union should not be left without defenders.


"In all the important movements of 1864-65, by which the Confederacy was penetrated in every quarter, and its military power finally overthrown, the Iowa troops took part. Their drum-beat


113


HISTORY OF IOWA.


was heard on the banks of every great river of the South, from the Potomac to the Rio Grande, and everywhere they rendered the same faithful and devoted service, maintaining on all occasions their wonted reputation for valor in the field and endurance on the march.


"Two Iowa three-year cavalry regiments were employed during the whole term of service in the operations that were in progress from 1863 to 1860 against the hostile Indians of the western plains. A portion of these men were among the last of the vol- unteer troops to be mustered out of service. The State also sup- plied a considerable number of men to the navy, who took part in most of the naval operations prosecuted against the Confederate power on the Atlantic and Gulf coasts, and the rivers of the West.


"The people of Iowa were early and constant workers in the san- itary field, and by their liberal gifts and personal efforts for the benefit of the soldiery, placed their State in front rank of those who became distinguished for their exhibition of patriotic benevo- lence during the period covered by the war. Agents appointed by the Governor were stationed at points convenient for rendering assistance to the sick and needy soldiers of the State, while others were employed in visiting, from time to time, hospitals, camps and armies in the field, and doing whatever the circumstances rendered possible for the health and comfort of such of the Iowa soldiers as might be found there.


"Some of the benevolent people of the State early conceived the idea of establishing a Home for such of the children of deceased soldiers as might be left in destitute circumstances. This idea first took form in 1863, and in the following year a Home was opened at Farmington, Van Buren County, in a building leased for that purpose, and which soon became filled to its utmost ca- pacity. The institution received liberal donations from the gen- eral public, and also from the soldiers in the field. In 1865 it be- came necessary to provide increased accommodations for the large number of children who were seeking the benefits of its care. This was done by establishing a branch at Cedar Falls, in Black Hawk County, and by securing, during the same year, for the use of the parent Home, Camp Kinsman, near the city of Daven- port. This property was soon afterward donated to the institu- tion by act of Congress.


"In 1866, in pursuance of a law enacted for that purpose, the Soldiers' Orphans' Home (which then contained about four hun- dred and fifty inmates) became a State institution, and thereafter the sums necessary for its support were appropriated from the State treasury. A second branch was established at Glenwood, Mills County. Convenient tracts were secured, and valuable im- provements made at the different points. Schools were also estab- lished, and employments provided for such of the children as were


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HISTORY OF IOWA.


of suitable age. In all ways the provision made for these wards of the State has been such as to challenge the approval of every benevolent mind. The number of children who have been in- mates of the Home from its foundation to the present time is con- siderably more than two thousand.


"At the beginning of the war, the population of Iowa included about one hundred and fifty thousand men, presumably liable to render military service. The State raised, for general service, thirty-nine regiments of infantry; nine regiments of cavalry, and four companies of artillery, composed of three years' men; one regiment of Infantry, composed of three months' men; and four regiments and one battallion of infantry composed of one hundred days' men. The original enlistments in these various organiza- tions, including seventeen hundred and twenty-seven men raised by draft, numbered a little more than sixty-nine thousand. The re-enlistments, including upward of seven thousand veterans, numbered very nearly eight thousand. The enlistments in the regular army and navy, and organizations of other States, will, if added, raise the total to upward of eighty thousand. The number of men who, under special enlistments, and as militia, took part at different times in the operations on the exposed borders of the State, was probably as many as five thousand.


"Iowa paid no bounty on account of the men she placed in the field. In some instances, toward the close of the war, bounty to a comparatively small amount was paid by cities and towns. On only one occasion-that of the call of July 18, 1864-was a draft made in Iowa. This did not ocenr on account of her proper liabil- ity, as established by previous rulings of the War Department, to supply men under that call, but grew out of the great necessity that there existed for raising men. The Government insisted on temporarily setting aside, in part, the former rule of settlements, and enforcing a draft in all cases where sub-districts in any of the States should be found deficient in their supply of men. In no instance was Iowa, as a whole, found to be indebted to the General Government for men, on a settlement of her quota accounts."


It is to be said to the honor and credit of Iowa, that while many of the loyal States, older and larger in population and wealth, in- curred heavy State debts for the purpose of fulfilling their obli- gations to the General Government, Iowa, while she was foremost in duty, while she promptly discharged all her obligations to her sister States and the Union, found herself at the close of the war without any material addition to her pecuniary liabilities incurred before the war commenced. Upon final settlement after the res- toration of peace, her claims upon the Federal Government were found to be fully equal to the amount of her bonds issued and sold during the war to provide the means for raising and equipping her troops sent into the field, and to meet the inevitable demands upon her treasury in consequence of the war.


115


HISTORY OF IOWA


STATEMENT showing the number of men furnished and casualties in Iowa regiments during the War of the Rebellion.


REGIMENTS.


No. of


Men.


Total


Casualties.


Killed or


died of


wounds.


Died of


Disease.


1st Battery


149


124


10


51


2d Battery


123


62


2


29


3d Battery


142


79


4


33


4th Battery


152


17


5


1st Cavalry


1478


543


54


187


2d Cavalry.


1394


602


65


191


3dl Cavalry.


1360


770


77


224


4th Cavalry


1227


590


48


186


5th Cavalry


1245


452


43


127


6th Cavalry.


1125


193


21


59


7th Cavalry.


562


402


40


92


8th Cavalry


1234


274


33


91


9th Cavalry


1178


258


15


162


Sioux City Cavalry


93


7


.. .


Co. A, 11th Penn. Cavalry.


87


5


1


4


1st Infantry


959


165


17


7


2d Infantry


1247


758


72


107


3d Infantry.


1074


749


80


99


2d and 3d Inf. Consolidated.


28


18


9


4th Infantry


1184


973


108


237


5th Infantry


1037


699


88


90


6th Infantry


1013


855


132


124


7th Infantry.


1138


885


129


135


8th Infantry


1027


761


93


13


9th Infantry


1090


973


133


208


10th Infantry


1027


739


91


134


11th Infantry


1022


610


79


148


12th Infantry


981


768


62


243


13th Infantry


989


852


99


182


14th Infantry


840


526


50


122


14th Inf. Res. Batt.


11


15th Infantry.


1196


1029


130


194


16th Infantry


918


819


89


217


17th Infantry


950


614


61


97


18th Infantry


875


449


33


109


19th Infantry


985


562


86


91


20th Infantry


925


359


13


13


21st Infantry


980


531


66


157


22d Infantry.


1108


634


105


126


23d Infantry


961


570


69


196


24th Infantry


959


761


111


197


25th Infantry


995


564


61


199


26th Infantry


919


562


69


204


27th Infantry


940


530


21


162


28th Infantry


956


696


76


180


29th Infantry


1005


511


36


248


30th Infantry


978


646


63


233


31st Infantry.


977


540


27


261


32d Infantry .


925


589


89


203


33d Infantry .


985


580


62


196


34th Infantry


953


561


6


228


116


HISTORY OF IOWA.


Statement of Number of Men, Casualties. etc .- continued.


REGIMENTS.


No. of


Men.


Total


Casualties.


Killed or


Died of


Wounds


Died of


|Disease


34th Consolidated.


72


5


13


35th Infantry


984


510


42


182


36th Infantry


986


619


59


226


37th Infantry


914


503


3


141


38th Infantry


910


431


1


310


39th Infantry


933


406


54


119


40th Infantry


900


361


15


179


41st Infantry ..


294


17


. .


2


44th Infantry


867


15


.


14


45th Infantry.


912


22


1


17


46th Infantry


892


28


1


23


47th Infantry


884


47


. .


45


48th Infantry.


346


4


.


4


1 st African Infantry


903


383


5


331


Totals


56,364


30,394


3,139


8,695


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117


HISTORY OF IOWA.


ABSTRACT OF IOWA STATE LAWS.


BILLS OF EXCHANGE AND PROMISSORY NOTES.


Upon negotiable bills, and notes payable in this State, grace shall be allowed according to the law merchant. All the above men- tionea paper falling due on Sunday, New Year's Day, the Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or the Governor of the State, as a day of fast or thanksgiving, shall be deemed as due on the day pre- vious. No defense can be made against a negotiable instrument (assigned before due) in the hands of the assignee without notice, except fraud was used in obtaining the same. To hold an indors- er, due diligence must be used by suit against the maker or his rep- resentative. Notes payable to persons named or to order, in order to absolutely transfer title, must be indorsed by the payee. Notes payable to bearer may be transferred by delivery, and when so pay- able, every indorser thereon is held as a guarantor of payment, un- less otherwise expressed.


In computing interest or discount on negotiable instruments, a month shall be considered a calendar month or twelfth of a year, and for less than a month, a day shall be considered a thirtieth part of a month. Notes only bear interest when so expressed; but after due, they draw the legal interest, even if not stated.


INTEREST.


The legal rate of interest is six per cent. Parties may agree, in writing, on a rate not exceeding ten per cent. If a rate of inter- est greater than ten per cent. is contracted for, it works a forfeit- ure of ten per cent. to the school fund, and only the principal sum can be recovered.


DESCENT.


The personal property of the deceased (except (1) that necessary for payment of debts and expenses of administration; (2) property set apart, to widow, as exempt from execution; (3) allowance by court, if necessary, of twelve month's support to widow, and to children under fifteen years of age), including life insurance, de- scends as does real estate.


One-third in value (absolutely) of all estates in real property, possessed by husband at any time during marriage, which have not


118


HISTORY OF IOWA.


been sold on execution or other judicial sale, and to which the wife has made no relinquishment of her right, shall be set apart as her property, in fee simple, if she survive him.


The same share shall be set apart to the surviving husband of a deceased wife.


The widow's share cannot be affected by any will of her hus- band's, unless she consents, in writing thereto, within six months after notice to her of provisions of the will.


The provisions of the statutes of descent apply alike to surviving husband or surviving wife.


Subject to the above, the remaining estate of which the deced- ent died seized, shall in absence of other arrangements by will, de- scend;


First. To his or her children and their descendants in equal parts; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal shares among them.


Second. Where there is no child, nor descendant of such child, and no widow or surviving husband, then to the parents of the deceased in equal parts; the surviving parent, if either be dead, tak- ing the whole: and if there is no parent living, then to the broth- ers and sisters of the intestate and their descendants,


Third. When there is a widow or surviving husband, and no child or children, or descendants of the same, then one-half of the estate shall descend to such widow or surviving husband, absolutely; and the other half of the estate shall descend as in other cases where there is no widow or surviving husband, or child or children or descendants of the same.


Fourth. If there is no child, parent, brother or sister, or des- cendants of either of them, then to wife of intestate, or to her heirs, if dead, according to like rules.


Fifth. If any intestate leaves no child, parent, brother or sister or descendant of either of them, and no widow or surviving hus- band, and no child, parent, brother or sister (or descendant of either of them) of such widow or surviving husband, it shall escheat to the State.


WILLS AND ESTATES OF DECEASED PERSONS.


Notexact form of words are necessary in order to make a will good at law. Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind and memory, can make a valid will; it must be in writing, signed by the testator, or by some one in his or her presence, and by his or her express direction, and attested by two or more competent wit- nesses. Care should be taken that the witnesses are not interested in the will. Inventory to be made by the executor or adminstrator within fifteen days from date of letters testamentary or of admin- istration. Executors' and administrators' compensation on amount


119


HISTORY OF IOWA.


of personal estate distributed, and for proceeds of sale of real es- tate, five per cent. for first one thousand dollars, two and one-half per cent. on overplus up to five thousand dollars, and one per cent. on overplus above five thousand dollars, with such additional allow- ance as shall be reasonable for extra services.


Within ten days aftes the receipt of letters of administration, the executor or administrator shall give such notice of appointment as the court or clerk shall direct.


Claims (other than preferred) must be filed within one year there- after, are forever barred, unless the claim is pending in the District or Supreme Court, or unless peculiar circumstances entitle the claim- ant to equitable relief.


Claims are classed and payable in the following order:


1. Expenses of administration.


2. Expenses of last sickness and funeral.


3. Allowance to widow and children, if made by the court.


4. Debts preferred under laws of the United States.


5. Public rates and taxes.


6. Claim filed within six months after the first publication of the notice given by the executors of their appointment.


7. All other debts.


8. Legacies.


The award, or property which must be set apart to the widow in her own right, by the executor, includes all personal property which, in the hands of the deceased, as head of a family, would have been exempt from execution.


TAXES.


The owners of personal property, on the first day of January of each year, and the owners of real property on the first day of No- vember of each year, are liable for the taxes thereon.


The following property is exempt from taxation, viz .:


1. The property of the United States and of this State, includ- ing university, agricultural college and school lands and all prop- erty leased to the State; property of a county, township, city, in- corporated town or school district when devoted entirely to the public use and not held for pecuniary profit; public grounds, in- cluding all places for the burial of the dead; fire engines and all implements for extinguishing fires, with the grounds used exclu- sively for their buildings and for the meetings of the fire com pan- ies; all public libraries, grounds and buildings of literary, scientific, benevolent, agricultural and religious institutions, and societies de- voted solely to the appropriate objects of these institutions, not ex- ceeding 640 acres in extent, and not leased or otherwise used with a view of pecuniary profit; and all property leased to agricultural, charitable institutions and benevolent societies, and so devoted dur- ing the term of such lease; provided, that all deeds, by which such


120


HISTORY OF IOWA.


property is held, shall be duly filed for record before the property therein described shall be omitted from the assessment.


2. The books, papers and apparatus belonging to the above in- stitutions: used solely for the purposes above contemplated, and the like property of students in any such institution, used for their ed- ucation.


3. Money and credits belonging exclusively to such institutions and devoted solely to sustaining them, but not exceeding in amount or income the sum prescribed by their charter.


4. Animals not hereafter specified, the wool shorn from sheep, belonging to the person giving the list, his farm produce harvested within one year previous to the listing; private libraries not exceed- ing three hundred dollars in value; family pictures, kitchen furni- ture, beds and bedding requisite for each family; all wearing ap- parel in actual use, and all food provided for the family; but no person from whom a compensation for board or lodging is received or expected, is to be considered a member of the family within the intent of this clause.


5. The polls or estates or both of persons who, by reason of age or infirmity, may, in the opinion of the Assessor, be unable to con- tribute to the public revenue; such opinion and the fact upon which it is based being in all cases reported to the Board of Equalization by the Assessor or any other person, and subject to reversal by them.


6. The farming utensils of any person who makes his livelihood by farming, and the tools of any mechanic, not in either case to ex- ceed three hundred dollars in value.


7. Government lands entered or located, or lands purchased from this State, should not be taxed for the year in which the entry, lo- cation or purchase is made.


There is also a suitable exemption, in amount, for planting fruit trees or forest trees or hedges.


Where buildings are destroyed by fire, tornado, or other unavoid- able casualty, after being assessed for the year, the Board of Super- visors may rebate taxes for that year on the property destroyed, if same has not been sold for taxes, and if said taxes have not been delin- quentfor thirty days at the time of destruction of property, and the rebate shall be allowed for such loss only as is not covered by insur- ance.


All other property is subject to taxation. Every inhabitant of full age and sound mind shall assist the Assessor in listing all tax- able property of which he is the owner, or which he controls or man- ages, eitlier as agent, guardian, father, husband, trustee, executor, accounting officer, partner, mortgagor or lessor, mortgagee or lessee.


Road beds of railway corporations shall not be assessed to owners of adjacent property, but shall be considered the property of the companies for purposes of taxation; nor shall real estate used as a


121


HISTORY OF IOWA.


public highway be assessed and taxed as part of adjacent lands whence the same was taken for such public purpose.


The property of railway, telegraph and express companies shall be listed and assessed for taxation as the property of an individual would be listed and assessed for taxation. Collection of taxes made as in the case of an individual.


The Township Board of Equalization shall meet first Monday in April of each year. Appeal lies to the Circuit Court.


The County Board of Equalization (the Board of Supervisors) meet at their regular session in June of each year. Appeal lies to the Circuit Court.


Taxes become delinquent February 1st of each year, payable without interest or penalty, at any time before March 1st of each year.


Tax sale is held on first Monday in October of each year.


Redemption may be made at any time within three years after date of sale, by paying to the County Auditor the amount of sale, and twenty per centum of such amount immediately added as pen- alty with ten per cent. interest per annum on the whole amount thus made from the day of sale, and also subsequent taxes, interest and costs paid by purchaser after March 1st of each year, and a sim- ilar penalty of twenty per centum added as before, with ten per cent. interest as before.


If notice has been given, by purchaser, of the date at which the redemption is limited, the cost of same is added to the redemption money. Ninety days notice is required, by the statute, to be pub- lished by the purchaser or holder of certificate, to terminate the right of redemption.


JURISDICTION OF COURTS.


DISTRICT COURTS


have jurisdiction, general and original, both civil and criminal, ex- cept in such cases where Circuit Courts have exclusive jurisdiction. District Courts have exclusive supervision over courts of Justices of the Peace and Magistrates, in criminal matters, on appeal and writs of error.




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