USA > Iowa > Des Moines County > The history of Des Moines county, Iowa, containing a history of the country, its cities, towns, &c., a biographical directory of citizens, war record of its volunteers > Part 45
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SEC. 2. Be it further enacted, That the country included in the following boundaries, to wit : Beginning at the northeast corner of Lee ; thence, south with the west line of said county, to the river Des Moines ; thence, up the same to where the Missouri line strikes the same ; thence, west with the said Missouri boundary line to the Indian boundary line; thence, north with the said boundary line twenty-four miles ; thence east to the beginning, be and the same is hereby set off into a separate county, by the name of Van Buren.
SEC. 3. Be it further enacted, That the country included within the following limits, to wit : Beginning on the Mississippi River at the northeast corner of Lee ; thence, up said river to a point fifteen miles above the town of Burlington, on the bank of said river ; thence, on a
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HISTORY OF DES MOINES COUNTY.
westerly direction to a point on the dividing ridge between the Iowa River and Flint Creek, being twenty miles on a due west line from the Mississippi River ; thence a southerly direction so as to intersect the northern line of the county of Lee at a point twenty miles on a straight line from the Mississippi River ; thence, east with the northerly line of the said county of Lee to the beginning, be and the same is hereby set off into a separate county, by the name of Des Moines. .
SEC. 4. Be it further enacted, That the country included within the following limits, to wit : Beginning at the southwest corner of Des Moines ; thence, northwest with the line of the said county of Van Buren, to the Indian boundary line ; thence north with the boundary line, twenty- four miles ; thence, southeast to the northwest corner of the county of Des Moines ; thence, south with the west line of the county of Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Henry.
SEC. 5. Be it further enacted, That the country included within the following limits, to wit : Beginning at the Mississippi River, at the northeast corner of Des Moines ; thence, up the said river twelve miles above the mouth of Iowa ; thence, west to the Indian boundary line; thence, with said boundary line to the northwest corner of Henry ; and with the line of the same to the northwest corner of the county of Des Moines ; thence, east with the line of the same county of Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Louisa.
SEC. 6. Be it further enacted, That the country included within the following boundaries, to wit : Beginning on the Mississippi River at the northeast corner of the county of Louisa; thence up said river twenty-five miles on a straight line; thence west to the Indian boundary line ; thence with said boundary line south to the northwest corner of the county of Louisa ; thence east with the line of said county of. Louisa to the beginning, be and the same is hereby set off into a separate county, by the name of Musquitine.
SEC. 7. Be it further enacted, That the country included withiin the following boundaries, to wit : Beginning on the Mississippi River, at the northeast corner of the county of Musquitine , thence up said river to the southeast corner of Du Buque ; thence with the line of the said couuty of Du Buque to the Indian boundary line; thence with said line south to the northwest corner of the county of Musquitine; thence east with the said line of the said county of Musquitine to the beginning, be and the same is hereby set off into a separate county, by the name of Cook.
SEC. 8. Be it further enacted, That the District Court shall be held at the town of Madison, in the county of Lee, on the last Monday in March and on the last Monday in August in each year ; in the town of Farmington, in the county of Van Buren, on the second Monday in April and the second Monday in September of each year; in the town of Mount Pleasant, in the county of Henry, on the first Friday after the second Monday in April and September in each year; in the town of Wapello, in the county of Louisa, on the first Thursday after the third Monday in April and September in each year; in the town of Bloomington, in the county of Musquitine, on the fourth Monday in April and September in each year.
SEC. 9. Be it further enacted, That the county of Cook be and the same is hereby attached to the county of Musquitine, for all judicial purposes.
SEC. 10. And be it further enacted, That the proper authority of the several counties hereby established, so soon as the said counties shall be organized, shall liquidate and pay so much of the debt now due and unpaid by the present county of Des Moines, as may be their legal and equitable proportion of the same, according to the assessment value of the taxable property which shall be made therein.
SEC. 11. This act to be in force from and after its passage and until the end of the next annual session of the Legislative Assembly, and no longer.
P. H. ENGLE, Speaker of the House of Representatives.
HENRY S. BAIRD, President of the Council. HI. DODGE.
Approved December 7, 1836.
Act No. 38 authorized Matthias Hamm and Horace Smead to establish and operate a ferry across the Mississippi River from a point on the east side, on the southeast quarter of Section 20, Township 1 north, Range 2 west of the Fourth Principal Meridian, across to Eagle Point, or Hamm's Landing, on the west bank.
On the 12th of June, 1838. Gen. Dodge, as delegate in Congress from Wisconsin, succeeded in getting an act passed entitled "An act to divide the Territory of Wisconsin, and to establish the Territorial Government of Iowa." This act took effect on the 3d day of July following. In accordance with the provisions of the act, Ex-Gov. Robert Lucas, of Ohio, was appointed Governor of the Territory by Mr. Van Buren, then President of the United States. Gov.
I. Threwruan
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HISTORY OF DES MOINES COUNTY.
Lucas, on his arrival in the Territory, immediately issued a proclamation for an election of members to the first Legislative Assembly, and dividing the Terri- tory into suitable districts for that purpose. It is stated by one authority that Secretary Conway arrived a day or two before Gov. Lucas, and that the proclamation was, in fact, issued by him.
The election was held on the 10th day of September, 1838, and the Legis- lature, in accordance with the proclamation, met at Burlington on the first day of November of the same year.
The Assembly was composed of a council of thirteen members, and a House of Representatives of twenty-six members.
One of the members returned elected, Cyrus S. Jacobs, of Des Moines County, was killed in an unfortunate encounter in Burlington before the meet- ing of the Legislature, and George H. Beeler was elected to fill the vacancy. Samuel R. Murray, of Camanche, Clinton County, was returned as elected from the district composed of the counties of Scott and Clinton, but whose seat was successfully contested by J. A. Birchard, Jr., of Scott County. With these two exceptions the members returned elected, and proclaimed as such by the Governor, held their seats during the session. At that day national politics was little thought of in the Territory.
Notwithstanding a large majority of the members of both branches of the Legislature were Democrats, yet Gen. Jesse B. Brown, of Lee Co. (Whig), was elected President of the Council, and Hon. William H. Wallace (afterward delegate from Idaho, and first Governor of that Territory), Whig, of Henry County, was elected Speaker of the House of Representatives, the former unanimously, and the latter with but little opposition ; nevertheless, the session in many respects was a stormy one. Under the provisions of the organic law, the Governor had an unqualified veto, if he chose to exercise it, of all bills passed by the Legislature.
The members thought he used the power rather too freely, and an exciting controversy was the result. The seat-of-government question, also, gave rise to much excitement. The friends of a central location favored the plan of the Governor, as recommended in his message; namely, the appointment of Com- missioners, with a view of making a central location, while the southern mem- bers were in favor of Burlington, but finally withdrew that place, and united their forces on Mount Pleasant. The parties were very equally divided, and much excitement prevailed. The central party finally succeeded, however, and Robert Ralston, of Des Moines County, John Ronalds, of Louisa County, and Chauncey Swan, of Dubuque County, were appointed Commissioners, under the law, who met at Napoleon, in Johnson County (the location chosen as the orig- inal county seat, but now a farm,) the following spring, and located the capital at Iowa City.
The law provided that the seat of government should remain at Burling- ton till suitable buildings could be erected at the new location.
At the election in September, for members of the Legislature, a Delegate to Congress was also elected. There were four candidates in the field for this office, viz .: William W. Chapman and David Rorer, of Des Moines County, B. F. Wallace, of Henry County, and Peter Hill Engle, of Dubuque County. Mr. Chapman was elected, having beaten P. H. Engle by 36 majority. Mr. Engle afterward removed to St. Louis, where he was elected Judge of the Court, and died a few years since. He was a man of character and talent. and would have been elected, but that his opponents circulated the report (which they doubtlessly believed) that he had been drowned in swimming the Maquo-
E
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HISTORY OF DES MOINES COUNTY.
keta, to meet one of his opponents. An Indian rescued him from a watery grave. The vote at this election stood :
Chapman 1,490
Engle 1,454
Wallace. 913
Rorer 605
30 (?)
Talliaferio
Total .4,492
There were fifteen counties. Des Moines casting the highest-854. John- son, Linn, Jones, Washington (then Slaughter) casting from thirty-five to twenty-seven votes each. Eugle, Chapman and Rorer were Democrats, and Wallace was a Whig. The Territory included all the region to the northern boundary of the United States. Gen. Talliaferio lived at St. Peters (now St. Paul, Minnesota), and received the northern vote.
The Federal appointments in the Territory, in addition to the Governor, were as follows, viz. : Charles Mason, of Burlington, Joseph Williams, of Pennsylvania, and Thomas S. Wilson, of Dubuque, Judges of the Supreme and District Courts ; Mr. Van Allen, of New York, United States Attorney ; Francis Gehon, of Dubuque, United States Marshal ; William B. Conway, of Pittsburgh, Secretary of the Territory ; A. C. Dodge, of Burlington, Register, and V. P. Van Antwerp, of Terre Haute, Iowa, Receiver, of the land office at Burlington ; Thomas McKnight, Receiver, and - Worthington (?), Register, of the land office at Dubuque. Mr. Van Allen, the Attorney, died at Rock- ingham, Scott Co., soon after his appointment, and Col. Charles Weston was appointed in his place. Mr. Conway, the Secretary, also died at Burlington during the second session of the Legislature, and James Clarke, editor of the Gazette, was appointed to fill the vacancy. The first Register of the land office at Dubuque served but a short time, and resigned, and B. Rush Petrikin, of Pennsylvania, was appointed in his place. Many of these names are yet familiar to the people of Iowa, the gentlemen having since then filled stations of trust and honor.
Politics did not enter into the elections till 1840. In that year, the Whigs and Democrats both held Territorial Conventions at Bloomington (Muscatine), and nominated candidates for Delegates to Congress. The Whigs nominated Alfred Rich, of Lee Co., and the Democrats. Gen. A. C. Dodge, of Des Moines Co., both popular and talented men. The contest was spirited on both sides, each party being thoroughly united. Gen. Dodge was elected.
THE FIRST STATE HOUSE.
Something of a history attaches to the first State-house erected in Iowa, although the existence of the structure was brief and brilliant. When the Leg- islature voted to come to Burlington in 1837, there was no suitable place in which the noble body could meet. It became necessary to erect a building.
Now, it chanced that, in the early days, two men of the same name located in Burlington. Both were known as Jeremiah Smith. They were cousins in relationship. To distinguish the one from the other, it became customary to speak of the younger as Jeremiah Smith, Jr., while the elder accepted the less respectful title of " Old Jere."
Jeremiah, Jr., sought after and obtained the job of building the State-house, and during the summer of 1837 he carried out his agreement. When the Leg- islature assembled, the two houses convened in a two-story frame which did credit alike to the city of Burlington and the contractor. The house was heated by a
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HISTORY OF DES MOINES COUNTY.
large fire-place. In December, the heating apparatus proved too much for the general building, and, after the Legislature had adjourned for the night, the boasted State-house disappeared in flame and smoke. The building was located on Main street, between Court and Columbia.
Smith made application to Congress for relief, and his claim was allowed. The amount exceeded $4,000.
A fatality seemed to follow Mr. Smith's work, for, soon after the allowance of his claim, Old Jere visited the capital. He there met Delegate Jones, who told him, through misapprehension of his identity, that his claim had been allowed and that he could get the money by making the necessary application and receipt. Old Jere was quick to see the possibility of making his trip to Washington a profitable one, and hastened to draw the funds, receipting for them in the name of "Jeremiah Smith," which he could legally do.
It speedily became known that Old Jere had secured the money, but that was all the good it ever did the rightful owner, for he could never make the old man disgorge. He never obtained a' dollar of the allowance.
TEMPORARY QUARTERS.
After the burning of the State-house, the Legislature occupied temporary rooms on opposite sides of Main street, corner of Columbia street.
The next session was held in the Methodist Episcopal Church, " Old Zion." The " Upper House " occupied the lower room, and the " Lower House" the upper. The " Third House " was held in numerous lawyers' offices, we infer from the manifest influence exerted by the able bar of those days.
From a paper published in the " Annals of Iowa," from the pen of Mr. Charles Negus, we quote the following concerning the first session of the Legislature in Burlington :
" At the first Legislature of the Territory, there was a great deal of sparring between the members of that body and the Governor and Secretary. This diffi- culty first commenced with the Secretary. The Council passed a resolution requiring the Secretary to furnish their body with knives, stamps, folders, tin cups, etc. The Secretary not being able at the time to furnish these articles, addressed a communication to the Council on the subject, in which they were informed that the Secretary had made arrangements to procure the necessary stationery for the use of the Legislature, in Cincinnati, but owing to the low stage of water in the Ohio, the things ordered had not been received. The Secretary, in his communication, said, 'The navigation of the Ohio was entirely suspended ; this was the act of God, whose holy name is pronounced with deep reverence, and to whose holy will it is our duty to submit. Human power can- not resist the dispensation of His providence, nor can human wisdom counter- act His unfathomable designs.' The Secretary informed the Council that he had been to St. Louis, 'and returned in spite of every peril ; ' that ' much exer- tion had been made to procure knives in Burlington, but,' said he, 'knives of suitable finish and quality could not be procured in town, nor can sufficient knives of any quality be obtained ; and the Secretary cannot make knives-if he could, he would do so with expedition and pleasure : ' that ' it was the earnest and anxious wish of the Secretary that all the members should have knives, and stamps and folders, and all and singular such thing or things, device or devices whatever, as may facilitate the operation of the hands in yielding assistance to deliberations of the heads ;' that in relation to 'that part of the resolution which related to extra inkstands and tin patty-pans, can, and shall be promptly complied with.'
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HISTORY OF DES MOINES COUNTY.
" This communication of the Secretary greatly insulted the dignity of the Council, and the matter was referred to a special committee, of whom Stephen Hempstead (afterward Governor) was Chairman. The committee, after due deliberation, made their report, in which they set forth that the Secretary's communication was ' of such a nature as to call forth a severe animadversion upon its tone and spirit ;' that ' the evident intent of that communication was not only to treat the resolution adopted by the Council with irony and con- tempt, but at the same time to convey the idea that the articles asked for by the resolution were unnecessary and unimportant.' The report went on to show that the house in which they held deliberations was not properly furnished ; that the Secretary had used his influence to prevent the Council from obtaining things without his sanction, and ' that the honorable Secretary of the Territory might rest assured that the present Legislature will not tamely submit tothe insults and derisions of any officer of the Territory, and they at all times will defend to the last their honest rights, and the liberty of the people, whom they have the honor to represent.' This report of the committee was unanimously adopted.
" The controversy about knives, etc., though fiercely commenced, did not last long. The Secretary, through the intervention of Judge Wilson, apolo- gized to the Council, and withdrew the objectionable paper, and the Council let the insult to their dignity pass without further notice.
" But this matter had hardly been adjusted before another difficulty arose, implicating the Governor with the Secretary. The Legislature passed a joint resolution that the Secretary of the Council and Chief Clerk of the House should receive $6 per day for their services in this assembly, and each of the additional clerks, sergeant-at-arms, door-keepers, messengers and firemen should receive $3 per day, to be paid by the Secretary of the Territory upon the pre- sentation of a certificate of their services, signed by the presiding officer of the house in which they served, and countersigned by the Secretary or Clerk.' The Secretary, doubting whether this would be a sufficient authority for him to pay out money, referred the matter to the Governor, and the Governor gave him his opinion in writing, in which he took the ground that the Secretary ought not to disburse the public moneys under that authority. And the Secretary, being sustained in his views as to the disbursing of the public moneys by the written opinion of the Governor, sent to the Legislature a communication, informing that body that he did not feel authorized to pay out money under such authority, and to sustain his views, sent with the communication the written opinion of the Governor.
" This counseling of the Governor was considered by most of the members of the Legislature as interfering with their prerogatives, and a matter of so great importance that there was a joint convention of the two Houses held to devise ways and means by which to protect their rights against the supposed encroach- ments of the Governor. This convention passed resolutions expressive of what they considered to be the rights of the Legislature, and in their discussions many of the members severely animadverted upon the part which the Governor had taken in this matter.
" The attacks made upon the Governor at the fore part of the session prob- ably caused him to be a little prejudiced in his feelings toward the members, and less disposed to yield his opinion of what he conceived to be right to the wishes of that body, than he would have been had there been no misunderstanding between them. And from the time of this joint convention, instead of recon- ciling the strife which had been engendered between His Excellency and the Leg- islature, the quarrel became sharper and more bitter, until the adjournment.
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HISTORY OF DES MOINES COUNTY.
" Gov. Lucas being an old man, and having occupied the gubernatorial chair in Ohio, thought himself better versed in making laws and what was for the best interests of the Territory than most of the members of the Legislature, who were young men and inexperienced as legislators, and all laws which they passed that did not entirely meet with his approbation, he vetoed. And by the provisions of the organic act of the Territory, it was necessary that the Gov- ernor should approve of all bills passed by the Legislature before they could become laws, so that his veto was absolute, and no act of that body could become a law without his consent.
" For the purpose of harmonizing differences, there was a joint committee appointed by both branches of the Legislature to consult with the Governor and prepare a bill to regulate the intercourse between the legislative and executive parties of the Territorial Government. After a consultation with His Excellency, a bill was prepared by the committee, with such restrictions and provisions as met with his approbation ; but when it was brought before the Legislature, there were some very material alterations made in the bill which were very obnoxious to the Governor, and when it was presented to him for his approval, he refused to sign it, and returned it to the house in which it originated ; and in his veto message, he laid down the rules by which he would be governed in relation to acts presented to him for approval.
" He informed the Legislature that all bills submitted to him would be care- fully examined, and if approved, would be deposited in the Secretary's office ; but he said if 'special objections are found, but not sufficient to induce me to withhold my assent from the bill, a special note will be indorsed with my approval. Bills that may be considered entirely objectionable, or of doubtful policy, will be returned to the Legislative Assembly with my objections, at such times and in such manner as I may from time to time deem most advisable.' This veto message fanned the flame of strife already enkindled, and many of the members became very bitter toward His Excellency.
" Among the many acts vetoed by the Governor was an act requiring him, when a bill was presented for his approval, to inform the Legislature of his approval thereof, or if he did not approve of it, to return the bill with his objections ; an act authorizing the Postmaster at Davenport to have the mail carried from that place to Dubuque twice a week in two-horse post-coaches ; a joint resolution, making the Secretary of the Territory a fiscal agent of the Legislature, authorizing him to pay out money, without an appropriation, to the members and officers of the Legislature.
" The feelings of the members were so bitter toward the Governor because ยท he kept them in check by his vetoes, that there was a Special Committee appointed in the House, on Vetoes, of which James W. Grimes (afterward Gov- ernor and United States Senator) was the Chairman. The organic act provided that the Governor 'shall approve of all laws passed by the Legislative Assem- bly before they shall take effect.' On this provision of the law, the Committee made a lengthy report, in which they took the ground that the words 'shall approve all laws' meant that it was his imperative duty, under the organic law, to approve of all acts passed by the Legislature of the Territory ; and that the mere fact of the Governor vetoing them, or withholding his approval, did not prevent the acts of the Legislature from becoming laws, but was a neglect of duty on the part of the Governor.
" And this report of the Committee was concurred in by the House by a vote of 16 to 6-Bailey, Beeder, Brierly, Coop, Frierson and Patterson voting against it.
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HISTORY OF DES MOINES COUNTY.
" These acts, and the abuse of the Legislature, did not intimidate the Gov- ernor in the discharge of his duties, being actuated with a desire to do what he supposed was right, and let those of the future judge of the wisdom of his course.
" When the members of the Legislature found they could not control the Governor by resolutions, reports of committees and abusive speeches, their next move was to remove him from office.
" Bankson introduced a resolution in the House, in which was set forth that, whereas it was known to the Legislature 'that Gov. Lucas had been writing notes and explanations on sundry laws adopted by the Legislature,' and also setting forth that these aets of his were 'an unwarrantable encroachment upon the judicial department of the Territorial Government, as well as an insult and rude invasion of the rights of the Legislature,' 'Therefore, Resolved, That Robert Lucas is unfit to be the ruler of a free people, and that a Select Com- mittee be appointed to prepare a report and memorial to the President * praying in strong terms for his immediate removal from office.'
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