USA > Iowa > Black Hawk County > The history of Black Hawk County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers in the late rebellion > Part 24
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74
This appears to have been the correct construction of the act, but by a sub- sequent act of Congress, approved June 2, 1864, amending the act of 1856, the terms of the grant were changed, and numerous controversies arose between the companies and the State.
The ostensible purpose of this additional act was to allow the Davenport & Council Bluffs Railroad "to modify or change the location of the uncompleted portion of its line," to run through the town of Newton, Jasper County, or as nearly as practicable to that point. The original grant had been made to the State to aid in the construction of railroads within its limits and not to the com- panies, but Congress, in 1864, appears to have been utterly ignorant of what had been done under the act of 1856, or, if not, to have utterly disregarded it. The State had accepted the original grant. The Secretary of the Interior had already certified to the State all the lands intended to be included in the grant within fifteen miles of the lines of the several railroads. It will be remembered that Section 4, of the act of May 15, 1856, specifies the manner of sale of these lands from time to time as work on the railroads should progress, and also provided that "if any of said roads are not completed within ten years, no fur- ther sale shall be made, and the lands unsold shall revert to the United States." Having vested the title to these lands in trust, in the State of Iowa, it is plain that until the expiration of the ten years there could be no reversion, and the State, not the United States, must control them until the grant should expire by limitation. The United States authorities could not rightfully require the Secretary of the Interior to certify directly to the companies any portion of the lands already certified to the State. And yet Congress, by its act of June 2, 1864, provided that whenever the Davenport & Council Bluffs Railroad Com- pany should file in the General Land Office at Washington a map definitely showing such new location, the Secretary of the Interior should cause to be cer- tified and conveyed to said Company, from time to time, as the road progressed, out of any of the lands belonging to the United States, not sold, reserved, or
216
HISTORY OF THE STATE OF IOWA.
otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached, and on which a bona fide settlement and improvement had not been made under color of title derived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this was an amendment.
The term "out of any lands belonging to the United States, not sold, re- served or otherwise disposed of, etc.," would seem to indicate that Congress did intend to grant lands already granted, but when it declared that the Company should have an amount per mile equal to that originally authorized to be granted, it is plain that the framers of the bill were ignorant of the real terms of the original grant, or that they designed that the United States should resume the title it had already parted with two years before the lands could revert to the United States under the original act, which was not repealed.
A similar change was made in relation to the Cedar Rapids & Missouri Railroad, and dictated the conveyance of lands in a similar manner.
Like provision was made for the Dubuque & Sioux City Railroad, and the Company was permitted to change the location of its line between Fort Dodge and Sioux City, so as to secure the best route between those points ; but this change of location was not to impair the right to the land granted in the orig- inal act, nor did it change the location of those lands.
By the same act, the Mississippi & Missouri Railroad Company was author- ized to transfer and assign all or any part of the grant to any other company or person, " if, in the opinion of said Company, the construction of said railroad across the State of Iowa would be thereby sooner and more satisfactorily com- pleted ; but such assignee should not in any case be released from the liabilities and conditions accompanying this grant, nor acquire perfect title in any other manner than the same would have been acquired by the original grantee."
Still further, the Burlington & Missouri River Railroad was not forgotten, and was, by the same act, empowered to receive an amount of land per mile equal to that mentioned in the original act, and if that could not be found within the limits of six miles from the line of said road, then such selection might be made along such line within twenty miles thereof out of any public lands belonging to the United States, not sold, reserved or otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached.
Those acts of Congress, which evidently originated in the "lobby," occa- sioned much controversy and trouble. The Department of the Interior, how- ever, recognizing the fact that when the Secretary had certified the lands to the State, under the act of 1856, that act divested the United States of title, under the vesting act of August, 1854, refused to review its action, and also refused to order any and all investigations for establishing adverse claims (except in pre-emption cases), on the ground that the United States had parted with the title, and, therefore, could exercise no control over the land.
May 12, 1864, before the passage of the amendatory act above described, Congress granted to the State of Iowa, to aid in the construction of a railroad from MeGregor to Sioux City, and for the benefit of the MeGregor Western Railroad Company, every alternate section of land, designated by odd numbers, for ten sections in width on each side of the proposed road, reserving the right to substitute other lands whenever it was found that the grant infringed upon pre-empted lands, or on lands that had been reserved or disposed of for any other purpose. In such cases, the Secretary of the Interior was instructed to select, in lieu, lands belonging to the United States lying nearest to the limits specified.
217
HISTORY OF THE STATE OF IOWA.
X .- AGRICULTURAL COLLEGE AND FARM LANDS.
An Agricultural College and Model Farm was established by act of the General Assembly, approved March 22, 1858. By the eleventh section of the act, the proceeds of the five-section grant made for the purpose of aiding in the erection of public buildings was appropriated, subject to the approval of Con- gress, together with all lands that Congress might thereafter grant to the State for the purpose, for the benefit of the institution. On the 23d of March, by joint resolution, the Legislature asked the consent of Congress to the proposed transfer. By act approved July 11, 1862, Congress removed the restrictions imposed in the " five-section grant," and authorized the General Assembly to make such disposition of the lands as should be deemed best for the interests of the State. By these several acts, the five sections of land in Jasper County certified to the State to aid in the erection of public buildings under the act of March 3, 1845, entitled " An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," were fully appropriated for the benefit of the Iowa Agricultural College and Farm. The institution is located in Story County. Seven hundred and twenty-one acres in that and two hundred in Boone County were donated to it by individuals interested in the success of the enterprise.
By act of Congress approved July 2, 1862, an appropriation was made to each State and Territory of 30,000 acres for each Senator and Representative in Congress, to which, by the apportionment under the census of 1860, they were respectively entitled. This grant was made for the purpose of endowing colleges of agriculture and mechanic arts.
Iowa accepted this grant by an act passed at an extra session of its Legis- lature, approved September 11, 1862, entitled "An act to accept of the grant, and carry into execution the trust conferred upon the State of Iowa by an act of Congress entitled 'An act granting public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved July 2, 1862." This act made it the duty of the Governor to appoint an agent to select and locate the lands, and provided that none should be selected that were claimed by any county as swamp lands. The agent was required to make report of his doings to the Governor, who was instructed to submit the list of selections to the Board of Trustees of the Agricultural College for their approval. One thousand dollars were appro- priated to carry the law into effect. The State, having two Senators and six Representatives in Congress, was entitled to 240,000 acres of land under this grant, for the purpose of establishing and maintaining an Agricultural College. Peter Melendy, Esq., of Black Hawk County, was appointed to make the selec- tions, and during August, September and December, 1863, located them in the Fort Dodge, Des Moines and Sioux City Land Districts. December 8, 1864, these selections were certified by the Commissioner of the General Land Office, and were approved to the State by the Secretary of the Interior December 13, 1864. The title to these lands was vested in the State in fee simple, and con- flicted with no other claims under other grants.
The agricultural lands were approved to the State as 240,000.96 acres; but as 35,691.66 acres were located within railroad limits, which were computed at the rate of two acres for one, the actual amount of land approved to the State under this grant was only 204,309.30 acres, located as follows :
In Des Moines Land District ..
6,804.96 acres.
In Sioux City Land District.
59,025.37
In Fort Dodge Land District.
138,478.97
218
HISTORY OF THE STATE OF IOWA.
By act of the General Assembly, approved March 29, 1864, entitled, " An act authorizing the Trustees of the Iowa State Agricultural College and Farm to sell all lands acquired, granted, donated or appropriated for the benefit of said college, and to make an investment of the proceeds thereof," all these lands were granted to the Agricultural College and Farm, and the Trustees were au- thorized to take possession, and sell or lease them. They were then, under the control of the Trustees, lands as follows :
Under the act of July 2, 1852.
204,309.30 acres.
Of the five-section grant.
3,200.00 66
Lands donated in Story County.
721.00
Lands donated in Boone County.
200.00
Total
208,430.30 acres.
The Trustees opened an office at Fort Dodge, and appointed Hon. G. W. Bassett their agent for the sale of these lands.
THE PUBLIC SCHOOLS.
The germ of the free public school system of Iowa, which now ranks sec- ond to none in the United States, was planted by the first settlers. They had migrated to the " The Beautiful Land " from other and older States, where the common school system had been tested by many years' experience, bringing with them some knowledge of its advantages, which they determined should be enjoyed by the children of the land of their adoption. The system thus planted was expanded and improved in the broad fields of the West, until now it is justly considered one of the most complete, comprehensive and liberal in the country.
Nor is this to be wondered at when it is remembered humble log school houses were built almost as soon as the log cabin of the earliest settlers were occupied by their brave builders. In the lead mining regions of the State, the first to be occupied by the white race, the hardy pioneers provided the means for the education of their children even before they had comfortable dwellings for their families. School teachers were among the first immigrants to Iowa. Wherever a little settlement was made, the school house was the first united public act of the settlers; and the rude, primitive structures of the early time only disappeared when the communities had increased in population and wealth, and were able to replace them with more commodious and comfortable buildings. Perhaps in no single instance has the magnificent progress of the State of Iowa been more marked and rapid than in her common school system and in her school houses, which, long since, superseded the log cabins of the first settlers. To-
day, the school houses which everywhere dot the broad and fertile prairies of Iowa are unsurpassed by those of any other State in the great Union. More especially is this true in all her cities and villages, where liberal and lavish appropriations have been voted, by a generous people, for the erection of large, commodious and elegant buildings, furnished with all the modern improvements, and costing from $10,000 to $60,000 each. The people of the State have ex- pended more than $10,000,000 for the erection of public school buildings.
The first house erected in Iowa was a log cabin at Dubuque, built by James L. Langworthy and a few other miners, in the Autumn of 1833. When it was completed, George Cabbage was employed as teacher during the Winter of 1833-4, and thirty-five pupils attended his school. Barrett Whittemore taught the second term with twenty-five pupils in attendance. Mrs. Caroline Dexter
219
HISTORY OF THE STATE OF IOWA.
commenced teaching in Dubuque in March, 1836. She was the first female teacher there, and probably the first in Iowa. In 1839, Thomas H. Benton, Jr., afterward for ten years Superintendent of Public Instruction, opened an English and classical school in Dubuque. The first tax for the support of schools at Dubuque was levied in 1840.
Among the first buildings erected at Burlington was a commodious log school house in 1834, in which Mr. Johnson Pierson taught the first school in the Winter of 1834-5.
The first school in Muscatine County was taught by George Bumgardner, in the Spring of 1837, and in 1839, a log school house was erected in Musca- tine, which served for a long time for school house, church and public hall. The first school in Davenport was taught in 1838. In Fairfield, Miss Clarissa Sawyer, James F. Chambers and Mrs. Reed taught school in 1839.
When the site of Iowa City was selected as the capital of the Territory of Iowa, in May, 1839, it was a perfect wilderness. The first sale of lots took place August 18, 1839, and before January 1, 1840, about twenty families had settled within the limits of the town; and during the same year, Mr. Jesse Berry opened a school in a small frame building he had erected, on what is now College street.
The first settlement in Monroe County was made in 1843, by Mr. John R. Gray, about two miles from the present site of Eddyville; and in the Summer of 1844, a log school house was built by Gray, William V. Beedle, C. Renfro, Joseph MeMullen and Willoughby Randolph, and the first school was opened by Miss Urania Adams. The building was occupied for school purposes for nearly ten years. About a year after the first cabin was built at Oskaloosa, a log school house was built, in which school was opened by Samuel W. Caldwell in 1844.
At Fort Des Moines, now the capital of the State, the first school was taught by Lewis Whitten, Clerk of the District Court in the Winter of 1846-7, in one of the rooms on " Coon Row," built for barracks.
The first school in Pottawattomie County was opened by George Green, a Mormon, at Council Point, prior to 1849; and until about 1854, nearly, if not quite, all the teachers in that vicinity were Mormons.
The first school in Decorah was taught in 1853, by T. W. Burdick, then a young man of seventeen. In Osceola, the first school was opened by Mr. D. W. Scoville. The first school at Fort Dodge was taught in 1855, by Cyrus C. Carpenter, since Governor of the State. In Crawford County, the first school house was built in Mason's Grove, in 1856, and Morris McHenry first occupied it as teacher.
During the first twenty years of the history of Iowa, the log school house pre- vailed, and in 1861, there were 893 of these primitive structures in use for school purposes in the State. Since that time they have been gradually dis- appearing. In 1865, there were 796; in 1870, 336, and in 1875, 121.
Iowa Territory was created July 3, 1838. January 1, 1839, the Territorial Legislature passed an act providing that " there shall be established a common school, or schools in each of the counties in this Territory, which shall be open and free for every class of white citizens between the ages of five and twenty-one years." The second section of the act provided that " the County Board shall, from time to time, form such districts in their respective counties whenever a petition may be presented for the purpose by a majority of the voters resident within such contemplated district." These districts were gov- erned by boards of trustees, usually of three persons ; each district was required
220
HISTORY OF THE STATE OF IOWA.
to maintain school at least three months in every year ; and later, laws were enacted providing for county school taxes for the payment of teachers, and that whatever additional sum might be required should be assessed upon the parents sending, in proportion to the length of time sent.
When Iowa Territory became a State, in 1846, with a population of 100,- 000, and with 20,000 scholars within its limits, about four hundred school dis- tricts had been organized. In 1850, there were 1,200, and in 1857, the number had increased to 3,265.
In March, 1858, upon the recommendation of Hon. M. L. Fisher, then Su- perintendent of Public Instruction, the Seventh General Assembly enacted that " each civil township is declared a school district," and provided that these should be divided into sub-districts. This law went into force March 20, 1858, and reduced the number of school districts from about 3,500 to less than 900.
This change of school organization resulted in a very material reduction of the expenditures for the compensation of District Secretaries and Treasurers. An effort was made for several years, from 1867 to 1872, to abolish the sub- district system. Mr. Kissell, Superintendent, recommended, in his report of January 1, 1872, and Governor Merrill forcibly endorsed his views in his annual message. But the Legislature of that year provided for the formation of inde- pendent districts from the sub-districts of district townships.
The system of graded schools was inaugurated in 1849; and new schools, in which more than one teacher is employed, are universally graded.
The first official mention of Teachers' Institutes in the educational records of Iowa occurs in the annual report of Hon. Thomas H. Benton, Jr., made December 2, 1850, who said, " An institution of this character was organized a few years ago, composed of the teachers of the mineral regions of Illinois, Wisconsin and Iowa. An association of teachers has, also, been formed in the county of Henry, and an effort was made in October last to organize a regular institute in the county of Jones." At that time-although the beneficial influence of these institutes was admitted, it was urged that the expenses of attending them was greater than teachers with limited compensation were able to bear. To obviate this objection, Mr. Benton recommended that " the sum of $150 should be appropriated annually for three years, to be drawn in install- ments of $50 each by the Superintendent of Public Instruction, and expended for these institutions." He proposed that three institutes should be held annu- ally at points to be designated by the Superintendent.
No legislation in this direction, however, was had until March, 1858, when an act was passed authorizing the holding of teachers' institutes for periods not less than six working days, whenever not less than thirty teachers should desire. The Superintendent was authorized to expend not exceeding $100 for any one institute, to be paid out by the County Superintendent as the institute might direct for teachers and lecturers, and one thousand dollars was appropriated to defray the expenses of these institutes.
December 6, 1858, Mr. Fisher reported to the Board of Education that institutes had been appointed in twenty counties within the preceding six months, and more would have been, but the appropriation had been exhausted.
The Board of Education at its first session, commencing December 6, 1858, enacted a code of school laws which retained the existing provisions for teachers' institutes.
In March, 1860, the General Assembly amended the act of the Board by appropriating " a sum not exceeding fifty dollars annually for one such institute, held as provided by law in each county.
221
HISTORY OF THE STATE OF IOWA.
In 1865, Mr. Faville reported that " the provision made by the State for the benefit of teachers' institutes has never been so fully appreciated, both by the people and the teachers, as during the last two years.
By act approved March 19, 1874, Normal Institutes were established in each county, to be held annually by the County Superintendent. This was regarded as a very decided step in advance by Mr. Abernethy, and in 1876 the Sixteenth General Assembly established the first permanent State Normal School at Cedar Falls, Black Hawk County, appropriating the building and property of the Soldiers' Orphans' Home at that place for that purpose. This school is now " in the full tide of successful experiment."
The public school system of Iowa is admirably organized, and if the various officers who are entrusted with the educational interests of the commonwealth are faithful and competent, should and will constantly improve.
" The public schools are supported by funds arising from several sources. The sixteenth section of every Congressional Township was set apart by the General Government for school purposes, being one-thirty-sixth part of all the lands of the State. The minimum price of these lands was fixed at one dollar and twenty-five cents per acre. Congress also made an additional donation to the State of five hundred thousand acres, and an appropriation of five per cent. on all the sales of public lands to the school fund. The State gives to this fund the proceeds of the sales of all lands which escheat to it; the proceeds of all fines for the violation of the liquor and criminal laws. The money derived from these sources constitutes the permanent school fund of the State, which cannot be diverted to any other purpose. The penalties collected by the courts for fines and forfeitures go to the school fund in the counties where collected. The proceeds of the sale of lands and the five per cent. fund go into the State Treasury, and the State distributes these proceeds to the several counties accord- ing to their request, and the counties loan the money to individuals for long terms at eight per cent. interest, on security of land valued at three times the amount of the loan, exclusive of all buildings and improvements thereon. The interest on these loans is paid into the State Treasury, and becomes the avail- able school fund of the State. The counties are responsible to the State for all money so loaned, and the State is likewise responsible to the school fund for all moneys transferred to the counties. The interest on these loans is apportioned by the State Auditor semi-annually to the several counties of the State, in pro- portion 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 levied for the same purpose. The money arising from these several sources constitutes 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."
The taxes levied for the support of schools are self-imposed. Under the admirable school laws of the State, no taxes can be legally assessed or collected for the erection of school houses until they have been ordered by the election of the district at a school meeting legally called. The school houses of Iowa are the pride of the State and an honor to the people. If they have been some- times built at a prodigal expense, the tax payers have no one to blame but themselves. The teachers' and contingent funds are determined by the Board of Directors under certain legal restrictions. These boards are elected annually, except in the independent districts, in which the board may be entirely changed every three years. The only exception to this mode of levying taxes for support
2.22
HISTORY OF THE STATE OF IOWA.
of schools is the county school tax, which is determined by the County Board of Supervisors. The tax is from one to three mills on the dollar ; usually, however, but one. Mr. Abernethy, who was Superintendent of Public Instruc- tion from 1872 to 1877, said in one of his reports :
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.