USA > Iowa > Fayette County > Oelwein > The Telegraph-herald's abridged history of the state of Iowa and directory of Fayette County, including the city of Oelwein, with a complete classified business directory; > Part 6
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In 1831 the American Fur Co. erected on the bank of the river at Keokuk a row of hewn log buildings for the use of its agent in its traffic with the Indians, and for storing skins and furs. This place was called Farmers Port. In 1834 a meeting of the half-breed Indians was held at this place to prepare a petition to Congress, requesting the passage of an act to authorize them to sell the lands in the tract known as the "Half-Breed Reservation." There were nine faniilies living in that vicinity, and after the adjournment of the meeting. the citizens heid a council at John Gaines' saloon, to consider the prospect of
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building a city at that place. After some consultation John Gaines proposed, and it was agreed to, that the future city should be named for the Sac Chief Keokuk.
In 1829 James L. Langworthy, a native of Vermont, purchased an interest in the Galena Lead Mines and attempted to procure an interest in Dubuque's old "Mines of Spain." Securing Indian guides he explored the country between the Turkey and Maquoketa Rivers, to find the lead mines formerly worked. He made friends of the Indians and secured permission to work some of the mines. The next year, with his brother, Lucius H. Langworthy, and a company of miners, he began work.
A village of the Sac and Fox Indians which stood at the mouth of Catfish Creek had been depopulated by an attack of the Sioux Indians, who killed nearly all of its inhabitants. This battle took place near Dubuque's Grave, and tradition tells us that a remnant of the Sac and Foxes who escaped the slaughter rushed up the hill to the grave of their old friend and protector, Julien Dubuque, but being followed by the Sioux and hard pressed, they plunged over the rock precipice, which rises nearly two hundred feet, into the river and were no more. All perished.
There were about seventy empty houses standing here when the miners from Galena crossed to take possession of the abandoned "Mines of Spain." Some of the indiscreet miners thought to intimidate the Indians by burning their cabins and thereby preventing their return to the mines. In June, 1830, the miners on the West side of the river determined to organize a local govern- ment. They held a meeting and elected a legislature consisting of James L. Langworthy, W. I .. Lander, James McPeters, Samuel Scales and E. M. Wren, and instructed them to report a code of laws.
The pioneer law making body gathered around an old cotton wood log for a table and proceeded to business. Mr. Langworthy was chosen clerk and kept the records. The following is a copy of the codes adopted: "Having been chosen to draft laws by which we, as miners, will be governed, and having duly considered the subject, we do unanimously agree that we will be governed by the regulations on the East side of the Mississippi River, with the following exceptions :
'Article 1. That each and every man shall hold two hundred yards square of ground by working said ground one day in six.
"Article 2. We further agree that there shall be chosen by the majority of the miners present, a person who shall hold this article, and who shall grant letter of arbitration, on application having been made, and said letter of arbitration shall be obligatory on the party so applying."
The regulations referred to on the East side of the river, were the laws established by the Superintendent of the United States Lead Mines at Galena. Settlers soon began to arrive in the new colony, but as it was inviolation of the treaty with the Indians, the War Department ordered their removal, and & detachment of troops was stationed at the mines to protect the Indians in their rights. Jefferson Davis, then a young man, was sent from the fort at Prairie du Chien, with a detachment of troops, to remove the settlers across. the river. Jeff accomplished the very unpleasant task with the utmost prompt- ings of humanity. He made warm friends of the miners by his mild course, and the aid which he and his soldiers extended in helping them to remove
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their families and effects to the East side of the river or the island, whichever place they preferred to go.
At Flint Hill, Sand S. White and others had entered the Indian lands, erected cabins and staked off claims, but were also driven out and the cabins destroyed. The treaty by which the "Black Hawk Purchase" was acquired was ratified Feb. 13th, 1833.
CHAPTER XVI.
It had not been named Iowa, but was known as the "Black Hawk Purchase." On June 1st, 1832, there were no more than fifty white people living within the limits of the future State. When the troops were withdrawn from the "Mines of Spain" in June, 1833, the Langworthy Brothers crossed the river again and resumed work in the mines. Settlers flocked in and the second school in the State was established. A pioneer among the early inhabitants of this first Iowa village gives the following description of the place in that year: "The village resounded to the woodman's axe; the sturdy oaks fell before them on every side; the branches were used for fuel, and the trunks for the construction of rude log cabins without doors or windows. Three openings served for the entrance of light and the settler, and the egress of the smoke. The winter of that year shut us in from all communication with the outside world, with a short supply of provisions and not a woman in the settlement. There was plenty of whiskey and the demon intemperance stalked everywhere during the long winter evenings and short bleak days. The cholera claimed many victims, and the sick lay down and died with no gentle hand to nurse them, no medical aid to relieve, and no kindred or friend to mourn their untimely fate. We had no mail, no government, and were subject to no restraint of law or society. Drinking and gambling were the universal amusements, and criminals were only amendable to the penalties inflicted by Judge Lynch, from whose summary decrees there was no appeal. There were stirring times in the old days in this region. Every man was the protector of his own honor. Every man was expected to defend himself when the occasion demanded. They shot on sight. One incident will suffice to give the reader an idea of the established customs and society of those days. One Smith and his son became involved in a dispute over a mining claim with Woodbury Massey. A few days later Massey was shot down in cold blood. Both father and son had emptied their rifles into him. Every man was a law unto himself. Six months later a sister of Massey's, about twenty years old, appeared in Dubuque. She had Smith pointed out to her, and without ceremony planted a bullet in him. An account book in his pocket saved the fellow from instant death. He died from the effects of the wound two years after. Some months after this affair, the girl would have been killed by young Smith had not a Smith of another tribe intercepted the son as he was taking aim at the girl. Later a brother of Massey's shot and killed young Smith in Galena. With true romantic instinct William Smith, who had saved her life, married Miss Massey. Incidents of this nature and in which the Indians figured might be recounted indefinitely.
"In the spring of 1834 a transient steamer came up from St. Louis, bringing provisions, groceries, goods and newspapers. A few women came to join their husbands, and from that time on we began to exhibit some elements of civiliza- tion."
It is claimed that the first American flag raised by a citizen of Iowa was
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by Nicholas Carroll, July 4th, 1834. Also the first church in Iowa was built at Dubuque that year. A Mr. Johnson, a devout Methodist, raised the necessary funds by general subscription. The church was used by different denominations for several years. The first Catholic church erected in Iowa was a stone edifice built in Dubuque in 1835-36, through the efforts of a French priest, Mazzuchelli, and the pioneer Bishop Loras located in Dubuque in 1837.
Fort Madison was next to Dubuque as one of the earliest places in the limits of Iowa occupied by the whites. In 1833 Mr. M. Carver and Mr. White, with their families, crossed the river and took claims where Burlington now stands. They established a ferry across the river. In the fall Wm. Ross bought a stock of goods and opened the first store. In November, 1833, the town was laid out and platted.
The claim on which Davenport was laid out was made in 1833 by R. H. Spencer and A. M. Cloud. Soon after Anton Le Clair purchased it for $100. In. 1835 it became the property of a company of eight persons, who laid out a town and called it Davenport, after Col. Davenport. A long and bitter contest was waged between Rockingham and Davenport for the County Seat. It was finally decided in favor of the latter. This proved a death blow to Rockingham. The first record to be found in which the name Iowa is applied, to the section of country which became the State of Iowa, is Lieut. Lee's report, and book description of the "Black Hawk Purchase," and a little later a writer in the "Dubuque Visitor" refers to it as the "future State of Iowa. The name of the "Dubuque Visitor" was soon after changed to the News. So far as can be ascertained, the first time the name Iowa is found in any public record is in 1829. At a session of the Legislature of the Territory of Michigan held in Detroit that year, an act was passed and approved by which all the territory lying South of the Wisconsin River, West of Lake Michigan, East of the Mississippi River and North of Illinois, was formed into a new county called lowa, and the County Seat was located at Mineral Point.
CHAPTER XVII.
When the treaty of Aug. 4th, 1824, was made with the Sac and Fox Indians, it was stipulated that the "small tract of land lying between the Mississippi and Des Moines Rivers should belong to the half-breeds of the Sac and Fox nations, they holding it by the same title and in the same manner that other Indian titles are held." This reservation consisted of 119,000 acres of choice lands lying in the Southeast corner of Iowa. Congress passed an act authorizing the half breeds to pre-empt, the District Court of Lee County appointed a committee consisting of Edward Johnson, T. S. Wilson and David Brigham, to take testi- mony as to claimants and report to the court. Before the case was disposed of the Legislature repealed the act under which the committee was appointed. The repealing act authorized the commissioners to bring suit against the owners of the land for their service. Suit was brought and judgment rendered in favor of the plaintiff for $5,773.32. It has never been explained how the attorneys managed to get the fraction of thirty-two cents in their bill; but it is claimed by some that it came as a result of close and careful figuring, tempered by justice and fair dealing. Still others seemed to think that their bill was out- rageously high, and the United States Court seemed to take that view, for it set aside the sale made under the judgment which they obtained. The lands
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were levied on, and the whole tract sold to satisfy the judgment. This case would indicate that a great change for the better has taken place among the attorneys. Now in such a case the average attorney would be willing to take a good sized farm for his fee, but the attorneys of that day took the whole tract, 119,000 acres. The judgment, so manifestly unjust, was not, however, allowed to stand. When the Territory became a State the Supreme Court was reorgan- ized, John F. Kinny and George Greene having succeeded Mason and Wilson. The court thus constructed, in a case brought by the purchasers to dispossess the settlers, held that the sheriff's deed was invalid, so the attorneys who wanted to get all lost all. It would have been better for their reputation, conscience and finances to have taken a farm each.
T. S. Wilson was afterward elected Judge of the District Court. His circuit was very large, which necessitated considerable of travel. Those days the Judges of our Courts were almost invariably good judges of whiskey, and T. S. Wilson was no exception to the rule. The hotel accommodations were poor, and it was common for two, and sometimes three, to sleep in a bed. One night it. fell to Judge Wilson's lot to sleep with an Irishman. They had never met before, but as the Irishman had a bottle of what he called good whiskey, their first meeting was pleasant and they soon became warm friends. In the morning, the Judge remarked: "Well, Patrick, you would be in Ireland a long time before you could sleep with a Judge." "Yes, your honor," replied Patrick, "and you would be in Ireland a long time before you could be a Judge."
In 1824 the Iowa district was divided into two counties, by running a line due West from the Iowa end of Rock Island. The territory North of this line was called Dubuque County and the territory South Des Moines County. A court was organized in each county, the terms of which were held in Dubuque and Burlington. The judges were Isaac Loeffler of Des Moines and John King of Dubuque.
In 1835 George W. Jones, who lived at Sinsinawa Mound, was elected to represent the Michigan Territory in Congress. He secured the passage of a bill creating the new Territory of Wisconsin, which also included Iowa, part of Minnesota and the Dakotas. Governor Dodge ordered a census to be taken of the new territory in 1836, and it was found that the counties of Dubuque and Des Moines had a population of 10,531, which entitled them to six members in the Council and thirteen members in the House of Representatives of the Territorial Legislature. At the election held that year, Des Moines County Elected to the Council, J. Smith, Joc B. Teas and A. B. Ingham. In the House Isaac Loeffler, Thos. Blair, John Box, George W. Teas, D. R. Chance, W. L. Jenkins and John Reynolds. The County of Dubuque sent to the Council Thos. McCraney, John Foley and Thos. McKnight; to the House, Wheeler, Hardin Nowlin, H. D. Camp, P. H. Engle and P. Quigley. The Legislature convened at Belmond Oct. 25th, 1836. Peter H. Engle of Dubuque was elected Speaker of the House and H. P. Baird President of the Council. An act was passed by this Legislature authorizing the establishment at Dubuque of the "Miners' Bank." The charter required that the bank should have a capital stock of $200,000.
The first act regulating the sale of spirituous liquors in Iowa was passed in 1836. It provided that the County Supervisor might authorize any person to keep a grocery, under such regulations as a majority might deem expedient, by paying a dollar per month into the County Treasury. For running a grocery without a license a fine of two dollars for each offense was levied.
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The first newspaper West of the Mississippi River was established in St. Louis in 1808; it was called the Louisiana Gazette; changed to the Missouri Gazette; the Missouri Republican, and now the St. Louis Republic.
The first newspaper established in Iowa was the Dubuque Visitor, in 1836, Dy John King. In 1838 the name was changed to the Iowa News; in 1841 to the Miners Express; in 1855 to the Express and Herald, then the Dubuque Herald, and finally consolidated with the Telegraph, under the name of the Telegraph Herald. In 1836 Dr. Isaac Galland established the second paper in Iowa, at Montrose, called the Western Advertiser; two years later it was moved to Fort Madison and the name changed to the Fort Madison Patriot. The first issue of the Patriot contained the text of a bill introduced in Congress by General George W. Jones, providing for the division of the Territory of Wisconsin and the creation of a new territory West of the Mississippi River to be called "Iowa."
The editor of the Patriot in an article referring to the bill said: "If a division of the Territory is effected, we propose that lowans take the cognomen of 'Hawkeyes.' Our etymology can thus be more definitely traced than that of the Wolverines, Suckers and Hoosiers; and we can rescue from oblivion a memento at least of the old chief." The suggestion met with favor. Hence the people of Iowa are called "Hawkeyes."
The second session of the Legislature of Wisconsin Territory assembled at Burlington, Iowa, on the first Monday of November, 1837. Previous to its meeting a call had been issned for a convention of delegates from the West side of the Mississippi River, to assemble at Burlington on the 6th day of November, for the following purposes: First, to memorialize Congress to pass an act granting the right of pre-emption to actual settlers of government lands.
Second, on the subject of an attempt by the State of Missouri to extend her Northern boundary so as to embrace territory claimed as a part of Wisconsin.
Third, for the organization of a separate territorial government in that part of Wisconsin lying West of the Mississippi River.
The convention assembled at the appointed time, and among other business transacted, the report on the disputed boundary settlement, asked Congress to appoint commissioners to run the line between Missouri and Wisconsin, and to adopt such measures as might be necessary to settle and establish said boundary line. The convention also memorialized Congress for a division of the Territory of Wisconsin.
The assembling of the Legislature at Burlington at this time was the first meeting of a legislative body in the future State of Iowa. Early in its session an act was passed dividing Dubuque County, and organizing from its territory Dubuque, Clayton, Jackson, Clinton, Scott, Lima, Johnson, Benton, Iowa and Delaware.
CHAPTER XVIII.
In the fall of 1837 the United States negotiated another treaty with the Sac and Fox Indians, by which 1,250,000 acres of land along the West side of the Black Hawk Purchase was secured. The census taken in August, 1836, showed the population on the West side of the Mississippi River as follows: Dubuque County, 4,247; Des Moines County, 6,257; total, 10,531. In May, 1838, a second census taken in the sixteen counties organized from the original two
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counties showed a population of 22,859. In June, 1838, the bill was passed by Congress establishing the Territory of Iowa.
It provided that: From and after the 3rd day of July next, all that part of the present Territory of Wisconsin which lies West of the Mississippi River, and West of the line drawn due North from the head waters of said river to the territorial line, shall be constituted a separate territorial government by the name of Iowa.
This territory included all of Iowa, most of Minnesota and a portion of Dakota. The act provided that the President should appoint a Governor to hold office three years. The legislative department consisted of a Council and House of Representatives. The Council was composed of thirteen members, and the House of twenty-six. Members of the Council were elected for two years, and of the House one year. The courts consisted of Supreme, District, Probate and Justice of the Peace. President Van Buren appointed Brig .- Gen. Henry Atkinson Governor of Iowa Territory because of his intimate acquaintance with the Indian affairs in the Mississippi Valley. But he declined. The President then made the following appointments for the new Territory: Robert Lucas, Gov- ernor; W. B. Conway, Secretary; Francis Gahon, Marshal; C. S. Jacob, United States Attorney; Chas. Mason, Chief Justice; Joseph Williams and Thomas S. Wilson, Associate Judges: C. A. Dodge, Registrar, and J. P. Van Antwerp, Receiver, and Thomas Mcknight, Receiver of the Land Office at Dubuque. Cyrus S. Jacobs was killed in a political affray and the vacancy was filled by the appointment of Isaac Van Allen, who also died soon after his appointment, and was succeeded by Chas Weston.
When Governor Lucas arrived at Burlington, Ang. 13, 1838, he was surprised to hear that Wm. B. Conway, the Secretary, when notified of his appointment at his home in Pittsburg, had hurried to the Territory and assumed the duties of Governor, and had issued a proclamation for an election, signing the docu- ment "Acting Governor." Governor Lucas quietly ignored this presumptious act of the Secretary, and at once entered upon the discharge of his duties. The first official act of the Governor was to issue a proclamation dated Aug. 13, 1838, dividing the territory into eight representative districts, and apportioning the members of the Council and House among the counties organized. The Legis- lature met at the old Zion church in Burlington, Nov. 12th, 1838. James W. Grimes, who was the youngest member of the House, being but 22 years old, became Governor of the State and later a distinguished United States Senator. S. Hempstead, a member of the Council, 26 years old, became the second Governor of the State in 1850. S. C. Hastings, member of the House, 24 years old. was afterwards elected to Congress, and in 1846 chief justice of the State Supreme Court. The laws enacted by this Legislature ir the main were satisfactory and worthy of men of greater experience. The only discreditable act was that prohibiting free negroes from settling in the Territory, unless they gave a bond of $500 as security for good behavior, and against their becoming a charge on the county. This act provided that any negro who should settle in the Territory without giving such bond, should be arrested and forcibly hired out to the highest bidder for cash, to serve six months. Any citizen who sheltered or employed a colored man, who had failed to give a bond, was subject to a fine of $100. Any slaveholder was authorized to come into the Territory to procure their arrest and surrender to him, by an Iowa officer, of any slave who had escaped from bondage and sought freedom on Iowa soil. The House
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Journal shows no opposition to this infamous law, but in the Council, Jas. M. Clark, Robert Ralsom and J. W. Parker voted against it. An unpleasant contest soon arose between the Governor and the Legislature. A joint resolution was passed directing the Secretary to pay certain officers and employes. The Governor held that a law must be enacted and approved by the Governor before the Secretary would be warranted in paying out money. This dispute became warm and culminated in a majority of the House joining in an effort to induce the President of the United States to remove him. Governor Lucas explained the matter to the President and it was dropped. The Missouri boundary line was settled by act of Congress March 6th, 1820, as follows:
The parallel of latitude which passes through the rapids of the River Des Moines, then along said parallel of latitude to the middle of the channel of the main fork of said River Des Moines; then down along the middle of the main channel of said River Des Moines to the Mouth of the same, where it empties into the Mississippi River.
In 1837 the State of Missouri appointed commissioners to run the Northern boundary line and mark it. In a search for rapids in the Des Moines River, they found ripples near Keosauqua, which they assumed to be the "Rapids of the Des Moines" named in the act of Congress defining the boundary in 1820. But these ripples had never been called the "Rapids of the Des Moines," until so designated by those Missouri commissioners. The conflict first arose over a disputed territory when Clark County, Mo., enrolled the citizens within its limits, and placed their names on its tax lists. When the Missouri tax officer undertook to collect the taxes for Clark County, the settlers who lived in the territory in dispute refused to pay. The collector levied upon their property, and was arrested on a warrant issued by a magistrate of Van Buren County, and delivered into custody at Muscatine.
CHAPTER XVIV.
Governor Boggs of Missouri sent Gen. Allen, with 1,000 armed men, to aid the officer of Clark County in collecting the tax. Governor Lucas promptly ordered Gen. Browne to call out the militia and march to the defense of Van Buren County officials; 1,200 men responded to the call. Before proceeding to hostilities, Gen. Browne selected A. C. Dodge, of Burlington; Gen. Chaurch- man, of Dubuque, and Dr. Clark, of Fort Madison, to act as commissioners to negotiate a peaceable settlement. In the meantime the sheriff of Clark County had been directed to postpone the collecting of taxes, and a delegate had been sent to Governor Lucas to propose an amicable adjustment of the controversy. Gen. Allen had withdrawn his army and awaited the result of negotiations. The Iowa militia was disbanded. Col. McDaniels and Dr. Wagland, the Missouri commissioners, went to Burlington and conferred with the Governor and Legislature then in session, and it was agreed that hostilities should be post- poned, and the matter in dispute be referred to Congress for settlement.
On the 18th of June, 1838, Congress authorized the President to cause the Southern boundary of Iowa to be ascertained and marked. Lieut. Lee was appointed for the United States and Dr. Davis by Governor Lucas for Iowa. Missouri had no representative on the commission. The matter was not finally settled until 1848, when the Supreme Court gave Iowa the boundary it claimed. The commissioners, John Reynolds of Louisiana, Robert Ralstom of Des Moines,
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