USA > Iowa > Marion County > The History of Marion County, Iowa: Containing a History of the County, Its Cities, Towns, & C. > Part 21
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In September, 1838, the election was held for delegate to Congress. There were four candidates in the field, to-wit: William W. Chapinan and David Rorer, of Des Moines county; B. F. Wallace, of Henry county, and Peter H. Engle, of Dubuque county. William W. Chapman was elected by a majority of thirty-six votes over P. H. Engle. During the time that Iowa remained a separate Territory, from 1838 to 1846, the office of Gov- ernor was held successively by Robert Lucas, John Chambers, and James Clarke. Robert Lucas had been one of the early Governors of Ohio, and was appointed the first Governor of the Territory of Iowa by President Van Buren. John Chambers had been a Representative in Congress from Ken- tucky, and a warm supporter of Gen. Wm. H. Harrison for President in 1810. After the change of the National administration he was appointed to succeed Governor Lucas. James Clarke had been the editor of the Gazette at Burlington, but at the death of Wm. B. Conway, Secretary of the Terri- tory, which occurred at Burlington, November 6. 1839, Mr. Clarke was ap- pointed his successor, and afterward succeeded John Chambers as the last Territorial Governor.
The death of Win. B. Conway, Secretary of the Territory, was an event which cast a gloom over the Territory. Prior to his appointment by Presi- dent Van Buren he had been a resident of Pittsburg, Penn. His remains were taken to Davenport for interment, and on the 9th of November a pub- lic meeting of the citizens of that place passed resolutions expressing the highest esteem both for his character as a citizen and as an officer of the Territory. His remains were taken to St. Anthony's Church where the solemn services for the dead were performed by Rev. Father Pelamorgues. On the 11th a meeting of the members of the bar of the Territory was held at Burlington, in which his associates in the profession also passed resolutions of respect for the deceased. Of this meeting Charles Mason was chairman, and David Rorer was appointed to present the resolutions to the Supreme
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Court of the Territory, for the purpose of having them entered on the record of the court. The deceased left a wife and one child.
The first Territorial Legislature provided by law that " no action commenced by a single woman, who intermarries during the pending thereof, shall abate on account of such marriage; secured religious toleration to all; vested the judiciary power in a Supreme Court, District Court, Probate Court, and Justices of the Peace; made real estate divisible by will, and intestate prop- erty to be divided equitably among heirs; made murder punishable by death, and provided proportionate penalties for other crimes; established a system of free schools, open to all classes of white children; provided for a system of roads and highways; enacted a law to prevent and punish gambling, and in fact enacted a pretty complete code of laws, many of which still remain in force.
Among the various institutions and associations incorporated were the fol- lowing: The Wapello Seminary, in Lonisa county; the Bloomington and Cedar River Canal Company; the Des Moines Mill Company, in Van Buren county; the Burlington Steam Mill Company; seminaries of learning in Fort Madison, West Point, Burlington, Augusta, Farmington, Bentonsport, Rockingham, Keosauqua, Dubuque, and Davenport; the Burlington and Iowa River Turnpike Company; the Burlington and Des Moines Transpor- tation Company; the Keosauqua Lyceum, and the Iowa Mutual Fire Insur- ance Company at Burlington ..
STATE ORGANIZATION.
First Constitution-Proposed Boundaries-Changed by Congress-Rejection of Constitution by the People Congress Repeals its former Provision as to Boundaries and Fixes the Present Limits-The Second Constitution-Its Adoption by the People Election of State Offiers-First General Assembly-Seat of Government-Monroe City-Fort Des Moines- Final Permanent Location-Removal-Third Constitutional Convention-New Capitol- Case of Attempted Bribery in First General Assembly.
BY the year 1844 the population of the Territory had reached 75,152, and the people began to desire a State organization. In October of that year a constitutional convention was held at Iowa City, which formed a constitution defining the boundaries of the State as follows:
"Beginning in the middle of the main channel of the Mississippi river, opposite the mouth of the Des Moines river; thence up the said river Des Moines in the middle of the main channel thereof, to a point where it is in- tersected by the Old Indian Boundary Line, or line run by John C. Sullivan in the year 1816; thence westwardly along said line to the 'Old northwest corner of Missouri'; thence due west to the middle of the main channel of the Missouri river; thence up the middle of the main channel of the river last mentioned to the mouth of the Sioux or Calumet river; thence in a direct line to the middle of the main channel of the St. Peter's river, where the Watonwan river (according to Nicollet's map) enters the same; thence down the middle of the main channel of said river to the middle of the main channel of the Mississippi river; thence down the middle of the main chan- nel of said river to the place of beginning."
On the 3d of March, 1845, Congress passed an act providing for the admis- sion of the State into the Union, but with boundaries different from those defined in the proposed constitution. By this act the State was to extend north to the parallel passing through Mankato, or Blue Earth river, in the
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resent State of Minnesota, and west to the meridian of 17 deg. 30 min. west om Washington. These boundaries would have deprived the State of the Lissouri Slope and of one of the grand rivers by which it is now bounded, hile in shape it would have been long and comparatively narrow. As a sult, at an election held August 4, 1845, the people of the Territory rejected Le constitution with the change of boundaries as proposed by Congress. be vote stood 7,235 for, and 7,656 against it, being a majority of 421 against Le adoption. On the 4th of August, 1846, Congress passed an act repealing , much of the act of March, 3, 1845, as related to the boundaries of Iowa, and ring the boundaries as now defined. On the 4th of May of that year a sec- id constitutional convention had convened at Iowa City, and after a session : fifteen days formed the constitution which was sanctioned by the people : an election held August 3, 1846. The popular vote stood 9,492 for, and ,036 against the constitution at this election, being a majority of 456 in favor [ it. A copy of this constitution was presented in Congress, and on the 3th of December, 1846, an act was passed and approved for the admission [ the State of Iowa into the Union.
On the 26th of October, 1846, an election had been held for State officers, ben the following were elected: Ansel Briggs, Governor; Elisha Outler, r., Secretary of State; Joseph T. Fales, Auditor, and Morgan Reno, Treas- rer. At this time there were twenty-seven organized counties with a popa- tion, according to the census, of 96,088.
The first General Assembly under the State organization, convened at wwa City, November 30, 1846. Thomas Baker was elected President of le Senate, and Jesse B. Browne, Speaker of the House of Representatives. s the latter had been President of the first Territorial Council, so he was we first Speaker of the House when Iowa became a State.
The capitol building at Iowa City being at this time still in an unfinished mdition, an appropriation of 85,500 was made to complete it. The boun- ary being so much extended west of the limits of the Territory when the spital was located at Iowa City, the question of removal and permanent loca- on at some point further west began to be agitated, and the first General seembly appointed commissioners to locate the seat of government, and to lect five sections of land which had been granted by Congress for the erec- on of public buildings. The commissioners in discharge of their duties Jected the land in Jasper county, lying between the present towns of rairie City and Monroe. The commissioners also surveyed and platted a wwn, to which they gave the name of Monroe City. Four hundred and fif- en lots were sold, the cash payments yielding $1,797.43, being one-fourth " the price for which they sold. When the commissioners made their re- ort to the next General Assembly, it was observed that their claim for rvices and expenses exceeded the cash received by $409.14. The report as referred to a committee without instructions, but the location was never actioned by the General Assembly. The money paid by purchasers was costly refunded. Meantime the question of re-location continued to be gitated at each session. In 1851 bills were introduced in the House for moval to Pella and Fort Des Moines, but both of them failed to pass. At so next session a bill was introduced in the Senate for removal to Fort Des [oines, which was also defeated on a final vote. In January, 1855, the ef- art proved successful, and on the 15th of that month the Governor ap- roved the bill re-locating the seat of government within two miles of the Raccoon Fork of the Des Moines, and providing for the appointment of com-
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missioners for that purpose. Under this act the commissioners made seleo- tion of the present site. A temporary building was erected by an associa- tion of citizens of Des Moines, or Fort Des Moines, as it was then called. On the 19th of October, 1857, Governor Grimes, having been advised that the building was completed and ready for occupancy, issued a proclamation declaring the city of Des Moines the capital of Iowa. The officers with the archives of the State removed during the fall and winter, and on the 11th day of January, 1858, the Seventh General Assembly convened at Des Moines.
Meantime a third constitutional convention had been called to frame a new State constitution. It convened at Iowa City, January, 19, 1857, and adjourned March 5th of the same year. Francis Springer, of Louisa county, was chosen President. The constitution as adopted by this convention was approved by the people at an election held August 3d of the same year, the vote being 40,311 for, and 38, 681 against it. It took effect by proclamation of the Governor, September 3, 1857. In this constitution the location of the seat of government at Des Moines was made a part of the fundamental law. In 1868 an amendment was made to this constitution, striking the word "white" from the clause defining the qualification of electors. The whole vote cast by the people on this amendment was 186,503, with a ma- jority in favor of striking out, of 24,265.
The first capitol building erected in Des Moines being inadequate for the growing wants of the State, being too small and not sufficiently safe, an act was passed and approved April 13, 1870, providing for the erection of a new one. The following were constituted a Board of Commissioners to have charge of the erection: Grenville M. Dodge, of Pottawattamie county; James F. Wilson, of Jefferson county; James Dawson, of Washington county; Simon G. Stein, of Muscatine county; James O. Crosby, of Clay- ton county; Charles Dudley, of Wapello county; John N. Dewey, of Polk county, and William L. Joy, of Woodbury county. The Governor was also constituted a member of the Board, and President ex officio. A. R. Fulton was elected Secretary of the Board. It was provided in the act that the plan to be selected should not be for a building exceeding in cost 81,500- 000, and the sum of $150,000 was appropriated to commence the work. In the fall of 1870 excavation for the foundation was commenced, and on the 23d of November of the next year, the ceremony of laying the corner stone took place. Gen. N. B. Baker was chief marshal of the day, and Governor Samuel Merrill delivered an appropriate address.
The Board of commissioners experienced many difficulties in finding stone, especially within the limits of the State, that had been sufficiently tested for a building of such magnitude. The law required them to give preference to material obtained in the State, price and quality being equal, and they desired to comply with the spirit of the law. As a result, how- ever, some material was placed in the foundation, which being exposed, dur- ing the next winter, was affected by the weather, and the next season it was neccessary to remove a portion of the foundation, involving a large addi- tional expense.
The Fourteenth General Assembly convened in January, 1872, and in March a joint committee was authorized to examine and report upon the character of the material used. They reported that unfit material had been placed in the foundation, and recommended its removal. An act was passed at this session appropriating $100,000 for the work in 1879, and
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$125,000 to be used annually thereafter for the prosecution of the work, but the whole cost not to exceed the limit of $1,380,000. The Board were required, however, to direct all their action with a view to the completion of the building for $1,500,000. The same act placed the work in charge of a Board of commissioners consisting of five members, including the Governor, who was also to be President, ex officio. The following were con- stituted the members of the new Board: John G. Foote, of Des Moines county; Maturin L. Fisher, of Clayton county; Robert S. Finkbine, and Peter A. Dey, of Johnson county, and the Governor, as above stated. Ed. Wright was appointed Secretary by the Board. This Board proceeded with the work in accordance with the general plan adopted by the former Board, and when completed Iowa will have one of the finest and most substantial capitol buildings in the Union.
Having presented a brief review of the legislation in regard to seat of gov- ernment, which, as we have seen, was inaugurated by the first General As- sembly, we return to that session. The contest between the two political parties for ascendency was at that time a very earnest one, and especially in view of the election of U. S. Senators. The two political parties in the legislature were nearly equally divided. The friends of the several candidates were present at the opening of the session to take part in the lobby branch, in behalf of their respective favorites. Keokuk county was represented in the House by Nelson King, a Whig, although his county at that time was regarded as Democratic. Gen. A. C. Dodge, of Burlington, was the prom- inent Democratic candidate for Senator, and the name of J. C. Hall, also of Burlington, was likewise favorably mentioned. On the afternoon of December 9th, Mr. King, of Keokuk county, by consent of the House, rose in his place and made a statement to the following effect: That since he had presented his credentials, and taken his seat as a member, he had been ap- proached by several different persons relative to the casting of his vote for United States Senators; that several distinct propositions for the payment of money and other reward had been offered him, if he would vote for certain candidates, or either of them, as might be determined upon, which deter- mination was to be made known to him previous to casting his vote for United States Senator; and that the said parties offering thus to reward him for his vote, had promised to secure him from all blame or suspicion, by procuring written instructions from his constituents, urging him so to vote. He further stated that one Marshall had the day previously given him a five dollar note on the State Bank of Ohio, and told him to call on him at any future time, and he would give him one hundred dollars, or any amount he wanted. He said that Marshall had also surrendered to him two receipts for indebtedness-one for legal service while he (King) had resided in Lee county, and the other in discharge of a claim of two dollars and fifty cents, held against him by one William Stotts. Mr. King having concluded his statement, Mr. Stewart Goodrell, then a member of the House from Wash- ington county, moved the appointment of a committee of five to investigate the charges made by Mr. King. The committee was subsequently increased to seven, as follows: W. J. Cochran, of Lee county; Stewart Goodrell, of Washington county; Alfred Hebard, of Des Moines county; Andrew Leech, of Davis county; Samuel Whitmore of Jefferson county; John L. Morton, of Henry county, and Robert Smyth, of Linn county. The com- mittee commenced their investigations on the same day that Mr. King made his statement. Marshall was arrested, and various witnesses were com-
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manded to appear before the committee to give evidence in the case, and the investigation which was commenced on the 9th of December, 1846, appears not to have ended until the 19th of Jannary, 1847. Not until the 4th of February was any report made to the House, and then it did not show that the committee had arrived at any conclusions. The report and testimony were ordered to be laid on the table, subject to the further order of the House. The report was never called up. On the same day that Mr. King made his original statement to the House of the attempted bribery, a resolu- tion tendering him a vote of thanks, was laid on the table. Near the close of the session (Feb. 24) this resolution was called up, and a substitute offered for it by Mr. Smyth, of Linn, censuring both King and Marshall. The original resolution and the substitute were both laid on the table, and that was the end of the bribery case, which excited a great deal of interest among the pol- iticians and people of the State at that early day in her political history. It should be stated that Mr. Marshall was not a member of either branch of the General Assembly. The developments on investigation were generally understood at the time to be quite as damaging to the party making the charge as to any other person. The legislature adjourned without electing United States Senators at that session. The next General Assembly elected George W. Jones, of Dubuque, and Augustus C. Dodge, of Burlington. A. Clinton Hastings, and Shepherd Leffler, represented the State in the 29th Congress, 1846 to 1847, being the first Representatives in Congress from Iowa.
EDUCATIONAL.
Public Schools-How Supported-State University-Its Presidents-Faculty-University Fund-Agricultural College-State Normal School-Other State Educational Institutions -- Public and Private Colleges and Schools.
PUBLIC SCHOOLS.
WE have seen that the first territorial legislature made provision for gen- eral education by organizing a system of common schools. The famous or- dinance of 1787 required that "schools and the means of education shall be forever encouraged," and this has been the policy of the government in the admission of every new State since that time, as evinced by the liberal grants of the public lands for educational purposes.
The public schools are supported by funds arising from several different sources. In the first place, the sixteenth section of every congressional town- ship was set apart by the government for school purposes-being one thirty- sisth part of all the land in the State. Congress also made to the State an additional donation of 500,000 acres, and an appropriation of five per cent on all the sales of public lands in the State. The State also gives the pro- ceeds of the sales of all lands which escheat to it. The money derived from these sources constitutes the permanent school fund, and, including the proceeds of the land still unsold, will amount to over four millions of dol- lars. The interest on this fund is apportioned by the State Auditor semi- annually to the several counties of the State, in proportion to the number of persons between the ages of five and twenty-one years. The counties also levy an annual tax for school purposes, which is apportioned to the several district townships in the same way. A district tax is also generally levied for the same purpose. The money arising from these several sources consti.
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tntes the support of the public schools, and is sufficient to enable every sub- district in the State to afford from six to nine months school each year.
While Iowa is fostering and building up many excellent institutions of a higher order, the glory of her educational work consists in her admirable system of common schools-her peoples' colleges. The superintendent of public instruction is the highest school officer of the State, and exercises a general supervision over its educational interests, so far as relates to the pub- lic schools. Each county has a county superintendent, who examines appli- cants for teachers' certificates, visits the schools, reports annually to the State Superintendent, and exercises a general charge over the schools of the county. Each civil township constitutes what is called a district township, which is divided into sub-districts, and each sub-district elects a sub-director. The several sub-directors in the district township constitute a board of directors. In towns and cities there are independent districts, which elect officers to manage their affairs independently of the district townships.
The common school system has recently been greatly improved by the in- anguration of normal institutes, under the auspices of the superintendent of public instruction, and also by the establishment of a permanent State normal school at Cedar Falls. The total permanent school fund, November 1, 1877, was $3,460,348.78. This is being augmented from different sources, and the interest only is applied toward the support of the common schools.
STATE UNIVERSITY.
By an act of Congress of July 20, 1840, the secretary of the treasury was authorized to set apart and reserve from sale not exceeding two entire town- ships of land in Iowa, for the use and support of a university. The consti- tution under which Iowa was admitted into the Union contained a provision requiring the General Assembly to take measures for the protection, im- provement, or other disposition of the land granted by Congress for the university, and to create from the proceeds of the same a permanent fund for the use of a university. A bill was passed by the first General Assembly, establishing at Iowa City an institution to be called the "State University," with such branches as, in the opinion of the General Assembly, the public convenience might thereafter require. The same act also granted for the use of the university the public building, with ten acres of ground, at Iowa City, the same to be used, however, for the purposes of the State government until the removal of the capital. By acts of January 15, 1849, and January 16, 1849, two branches of the university, located respectively at Fairfield and Dubuque, were established, and placed npon equal footing, " in respect to funds and other matters," with the university established at Iowa City by the act of 1847. The branch at Fairfield was organized May 6, 1849. A site of twenty acres of ground was purchased and a building erected, upon which' twenty-five hundred dollars had been expended. The building was almost destroyed by a hurricane in 1851. No aid from the State or the University fund was ever given in support of the branches. The board at Fairfield requested the termination of its relation to the State, and, in ac- cordance with this request, an act was passed January 24, 1853, severing the connection. The branch at Dubuque was never organized. The new con- stitution, which took effect September 3, 1857, provided that "the State University shall be established at one place, without branches at any other place, and the university fund shall be applied to that institution and no other."
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At a special meeting of the board, February 21, 1850, it recognized the "College of Physicians and Surgeons of the Upper Mississippi," an institu- tion at Davenport established under the laws of the State as the "College of Physicians and Surgeons of the State University of Iowa," but with the express stipulation that such recognition should not render the university liable for any pecuniary aid, nor was the board to acquire any control over the property or management of the medical association. Soon after this the medical college removed to Keokuk. This arrangement was terminated by the operation of the new constitution.
In March, 1855, the University was partially opened for a term of sixteen weeks, and there was an attendance of from seventy-five to one hundred students during the term. The first regular catalogue was published for the year 1850-7. At a meeting of the board, Angust 4, 1858, the degree of Bachelor of Science was conferred upon Dexter Edson Smith, being the first degree conferred upon a student of the University.
From 1860 to 1877, inclusive, the total number of ladies in the collegiate department was 2,994, and gentlemen 3,941; total number of ladies in the law department since its organization, 6, and gentlemen, 632; total number of ladies in the medical department since its organization 48, and gentlemen 469.
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