USA > Iowa > Lee County > The history of Lee county, Iowa, containing a history of the county, its cities, towns, &c. > Part 19
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As rapidly as the Indian titles were extinguished and the original owners removed, the resistless tide of emigration flowed westward. The following extract from Judge Nourse's Centennial Address shows how the immigrants gathered on the Indian boundary, ready for the removal of the barrier :
In obedience to our progressive and aggressive spirit, the Government of the United States made another treaty with the Sac and Fox Indians, on the 11th day of August, 1842, for the remaining portion of their land in Iowa. The treaty provided that the Indians should retain
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HISTORY OF THE STATE OF IOWA.
possession of all the lands thus ceded until May 1, 1843, and should occupy that portion of the ceded territory west of a line running north and south through Redrock, until October 11, 1845. These tribes, at this time, had their principal village at Ot-tum-wa-no, now called Ottumwa. As soon as it became known that the treaty had been concluded, there was a rush of immigration to Iowa, and a great number of temporary settlements were made near the Indian boundary, wait- ing for the 1st day of May. As the day approached, hundreds of families encamped along the line, and their tents and wagons gave the scene the appearance of a military expedition. The country beyond had been thoroughly explored, but the United States military authorities had prevented any settlement or even the making out of claims by any monuments whatever.
To aid them in making out their claims when the hour should arrive, the settlers had placed piles of dry wood on the rising ground, at convenient distances, and a short time before twelve o'clock of the night of the 30th of April, these were lighted, and when the midnight hour arrived, it was announced by the discharge of firearms. The night was dark, but this army of occupa- tion pressed forward, torch in hand, with axe and hatchet, blazing lines with all manner of curves and angles. When daylight came and revealed the confusion of these wonderful surveys, numerous disputes arose, settled generally by compromise, but sometimes by violence. Between midnight of the 30th of April and sundown of the Ist of May, over one thousand families had settled on their new purchase.
While this scene was transpiring, the retreating Indians were enacting one more impressive and melancholy. The Winter of 1842-43 was one of unusual severity, and the Indian prophet, who had disapproved of the treaty, attributed the severity of the Winter to the anger of the Great Spirit, because they had sold their country. Many religious rites were performed to atone for the crime. When the time for leaving Ot-tum-wa-no arrived, a solemn silence pervaded the Indian camp, and the faces of their stoutest men were bathed in tears; and when their cavalcade was put in motion, toward the setting sun, there was a spontaneous outburst of frantic grief from the entire procession.
The Indians remained the appointed time beyond the line running north and south through Redrock. The government established a trading post and military encampment at the Raccoon Fork of the Des Moines River, then and for many years known as Fort Des Moines. Here the red man lingered until the 11th of October, 1845, when the same scene that we have before described was re-enacted, and the wave of immigration swept over the remainder of the " New Purchase." The lands thus occupied and claimed by the settlers still belonged in fee to the Gen- eral Government. The surveys were not completed until some time after the Indian title was extinguished. After their survey, the lands were publicly proclaimed or advertised for sale at public auction. Under the laws of the United States, a pre-emption or exclusive right to purchase public lands could not be acquired until after the lands had thus been publicly offered and not sold for want of bidders. Then, and not until then, an occupant making improvements in good faith might acquire a right over others to enter the land at the minimum price of $1.25 per acre. The " claim laws" were unknown to the United States statutes. They originated in the " eternal fitness of things," and were enforced, probably, as belonging to that class of natural rights not enumerated in the constitution, and not impaired or disparaged by its enumeration.
The settlers organized in every settlement prior to the public land sales, appointed officers, and adopted their own rules and regulations. Each man's claim was duly ascertained and recorded by the Secretary. It was the duty of all to attend the sales. The Secretary bid off the lands of each settler at $1.25 per acre. The others were there, to see, first, that he did his duty and bid in the land, and, secondly, to see that no one else bid. This, of course, sometimes led to trouble, but it saved the excitement of competition, and gave a formality and degree of order and regularity to the proceedings they would not otherwise have attained. As far as practicable, the Territorial Legislature recognized the validity of these " claims " upon the public lauds, and in 1839 passed an act legalizing their sale and making their transfer a valid consideration to sup- port a promise to pay for the same. (Acts of 1843, p. 456). The Supreme Territorial Court held this law to be valid. (See Hill v. Smith, 1st Morris Rep. 70). The opinion not only con- tains a decision of the question involved, but also contains much valuable erudition upon that " spirit of Anglo-Saxon liberty " which the Iowa settlers unquestionably inherited in a direct line of descent from the said " Anglo-Saxons." But the early settler was not always able to pay even this dollar and twenty-five cents per acre for his land.
Many of the settlers had nothing to begin with, save their hands, health and courage and their family jewels, "the pledges of love," and the " consumers of bread." It was not so easy to accumulate money in the early days of the State, and the " beautiful prairies," the " noble streams," and all that sort of poetic imagery, did not prevent the early settlers from becoming discouraged.
An old settler, in speaking of the privations and trials of those early days, says :
Well do the " old settlers " of Iowa remember the days from the first settlement to 1840. Those were days of sadness and distress. The endearments of home in another land had been
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HISTORY OF THE STATE OF IOWA.
broken up; and all that was hallowed on earth, the home of childhood and the scenes of youth, we severed ; and we sat down by the gentle waters of our noble river, and often " hung our harps on the willows."
Another, from another part of the State, testifies :
There was no such thing as getting money for any kind of labor. I laid brick at $3.00 per thousand, and took my pay in anything I could eat or wear. I built the first Methodist Church at Keokuk, 42x60 feet, of brick, for $600, and took my pay in a subscription paper, part of which I never collected, and upon which I only received $50 00 in money. Wheat was hauled 100 miles from the interior, and sold for 37} cents per bushel.
Another old settler, speaking of a later period, 1843, says :
Land and everything had gone down in value to almost nominal prices. Corn and oats could be bought for six or ten cents a bushel ; pork, $1.00 per hundred ; and the best horse a man could raise sold for $50.00. Nearly all were in debt, and the Sheriff and Constable, with legal processes, were common visitors at almost every man's door. These were indeed " the times that tried men's souls."
" A few," says Mr. Nourse, "who were not equal to the trial, returned to their old homes, but such as had the courage and faith to be the worthy founders of a great State remained, to more than realize the fruition of their hopes, and the reward of their self-denial."
On Monday, December 6, 1841, the fourth Legislative Assembly met, at the new capital, Iowa City, but the capitol building could not be used, and the Legislature occupied a temporary frame house, that had been erected for that purpose, during the session of 1841-2. At this session, the Superintendent of Public Buildings (who, with the Territorial Agent, had superseded the Commis- sioners first appointed), estimated the expense of completing the building at $33,330, and that rooms for the use of the Legislature could be completed for $15,600.
During 1842, the Superintendent commenced obtaining stone from a new quarry, about ten miles northeast of the city. This is now known as the " Old Capitol Quarry," and contains, it is thought, an immense quantity of excellent building stone. Here all the stone for completing the building was obtained, and it was so far completed, that on the 5th day of December, 1842, the Legis- lature assembled in the new capitol. At this session, the Superintendent esti- mated that it would cost $39,143 to finish the building. This was nearly $6,000 higher than the estimate of the previous year, notwithstanding a large sum had been expended in the meantime. This rather discouraging discrep- ancy was accounted for by the fact that the officers in charge of the work were constantly short of funds. Except the congressional appropriation of $20,000 and the loan of $5,500, obtained from the Miners' Bank, of Dubuque, all the funds for the prosecution of the work were derived from the sale of the city lots (which did not sell very rapidly), from certificates of indebtedness, and from scrip, based upon unsold lots, which was to be received in payment for such lots when they were sold. At one time, the Superintendent made a requisition for bills of iron and glass, which could not be obtained nearer than St. Louis. To meet this, the Agent sold some lots for a draft, payable at Pittsburgh, Pa., for which he was compelled to pay twenty-five per cent. exchange. This draft, amounting to $507, that officer reported to be more than one-half the cash actually handled by him during the entire season, when the disbursements amounted to very nearly $24,000.
With such uncertainty, it could not be expected that estimates could be very accurate. With all these disadvantages, however, the work appears to have been prudently prosecuted, and as rapidly as circumstances would permit.
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HISTORY OF THE STATE OF IOWA.
Iowa remained a Territory from 1838 to 1846, during which the office of Governor was held by Robert Lucas, John Chambers and James Clarke.
STATE ORGANIZATION.
By an act of the Territorial Legislature of Iowa, approved February 12, 1844, the question of the formation of a State Constitution and providing for the election of Delegates to a convention to be convened for that purpose was submitted to the people, to be voted upon at their township elections in April following. The vote was largely in favor of the measure, and the Delegates elected assembled in convention at Iowa City, on the 7th of October, 1844. On the first day of November following, the convention completed its work and adopted the first State Constitution.
The President of the convention, Hon. Shepherd Leffler, was instructed to transmit a certified copy of this Constitution to the Delegate in Congress, to be by him submitted to that body at the earliest practicable day. It was also pro- vided that it should be submitted, together with any conditions or changes that might be made by Congress, to the people of the Territory, for their approval or rejection, at the township election in April, 1845.
The boundaries of the State, as defined by this Constitution, were as fol- lows :
Beginning in the middle of the channel of the Mississippi River, opposite 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 intersected 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 in 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. Peters 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 channel of said river to the place of beginning.
These boundaries were rejected by Congress, but by act approved March 3, 1845, a State called Iowa was admitted into the Union, provided the people accepted the act, bounded as follows :
Beginning at the mouth of the Des Moines River, at the middle of the Mississippi, thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato or Blue Earth River; thence west, along said parallel of latitude, to a point where it is intersected by a meridian line seventeen degrees and thirty minutes west of the meridian of Washington City ; thence due south, to the northern boundary line of the State of Missouri ; thence eastwardly, following that boundary to the point at which the same intersects the Des Moines River ; thence by the middle of the channel of that river to the place of beginning.
These boundaries, had they been accepted, would have placed the northern boundary of the State about thirty miles north of its present location, and would have deprived it of the Missouri slope and the boundary of that river. The western boundary would have been near the west line of what is now Kossuth County. But it was not so to be. In consequence of this radical and unwel- come change in the boundaries, the people refused to accept the act of Congress and rejected the Constitution at the election, held August 4, 1845, by a vote of 7,656 to 7,235.
A second Constitutional Convention assembled at Iowa City on the 4th day of May, 1846, and on the 18th of the same month another Constitution for the new State with the present boundaries, was adopted and submitted to the people for ratification on the 3d day of August following, when it was accepted ; 9,492 votes were cast " for the Constitution," and 9,036 "against the Constitution."
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HISTORY OF THE STATE OF IOWA.
The Constitution was approved by Congress, and by act of Congress approved December 28, 1846, Iowa was admitted as a sovereign State in the American Union.
Prior to this action of Congress, however, the people of the new State held an election under the new Constitution on the 26th day of October, and elected Oresel Briggs, Governor ; Elisha Cutler, Jr., Secretary of State ; Joseph T. Fales, Auditor; Morgan Reno, Treasurer ; and members of the Senate and House of Representatives.
At this time there were twenty-seven organized counties in the State, with a population of nearly 100,000, and the frontier settlements were rapidly push- ing toward the Missouri River. The Mormons had already reached there.
The first General Assembly of the State of Iowa was composed of nineteen Senators and forty Representatives. It assembled at Iowa City, November 30, 1846, about a month before the State was admitted into the Union.
At the first session of the State Legislature, the Treasurer of State reported that the capitol building was in a very exposed condition, liable to injury from storms, and expressed the hope that some provision would be made to complete it, at least sufficiently to protect it from the weather. The General Assembly responded by appropriating $2,500 for the completion of the public buildings. At the first session also arose the question of the re-location of the capital. The western boundary of the State, as now determined, left Iowa City too far toward the eastern and southern boundary of the State; this was conceded. Congress had appropriated five sections of land for the erection of public buildings, and toward the close of the session a bill was introduced providing for the re-location of the seat of government, involving to some extent the location of the State University, which had already been discussed. This bill gave rise to a deal of discussion and parliamentary maneuvering, almost purely sectional in its character. It provided for the appointment of three Commissioners, who were authorized to make a location as near the geographical center of the State as a healthy and eligible site could be obtained ; to select the five sections of land donated by Congress ; to survey and plat into town lots not exceeding one section of the land so selected ; to sell lots at public sale, not to exceed two in each block. Having done this, they were then required to suspend further operations, and make a report of their proceedings to the Governor. The bill passed both Houses by decisive votes, received the signature of the Governor, and became a law. Soon after, by " An act to locate and establish a State University," approved February 25, 1847, the unfinished public buildings at Iowa City, together with the ten acres of land on which they were situated, were granted for the use of the University, reserving their use, however, by the General Assembly and the State officers, until other provisions were made by law.
The Commissioners forthwith entered upon their duties, and selected four sections and two half sections in Jasper County. Two of these sections are in what is now Des Moines Township, and the others in Fairview Township, in the southern part of that county. These lands are situated between Prairie City and Monroe, on the Keokuk & Des Moines Railroad, which runs diagonally through them. Here a town was platted, called Monroe City, and a sale of lots took place. Four hundred and fifteen lots were sold, at prices that were not considered remarkably remunerative. The cash payments (one-fourth) amounted to $1,797.43, while the expenses of the sale and the claims of the Commissioners for services amounted to $2,206.57. The Commissioners made a report of their proceedings to the Governor, as required by law, but the loca- tion was generally condemned.
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HISTORY OF THE STATE OF IOWA.
When the report of the Commissioners, showing this brilliant financial ope- ration, had been read in the House of Representatives, at the next session, and while it was under consideration, an indignant member, afterward known as the eccentric Judge McFarland, moved to refer the report to a select Committee . of Five, with instructions to report " how much of said city of Monroe was under water and how much was burned." The report was referred, without the instructions, however, but Monroe City never became the seat of government. By an act approved January 15, 1849, the law by which the location had been made was repealed and the new town was vacated, the money paid by purchas- ers of lots being refunded to them. This, of course, retained the seat of govern- ment at Iowa City, and precluded, for the time, the occupation of the building and grounds by the University.
At the same session, $3,000 more were appropriated for completing the State building at Iowa City. In 1852, the further sum of $5,000, and in 1854 $4,000 more were apppropriated for the same purpose, making the whole cost $123,000, paid partly by the General Government and partly by the State, but principally from the proceeds of the sale of lots in Iowa City.
But the question of the permanent location of the seat of government was not settled, and in 1851 bills were introduced for the removal of the capital to Pella and to Fort Des Moines. The latter appeared to have the support of the majority, but was finally lost in the House on the question of ordering it to its third reading.
At the next session, in 1853, a bill was introduced in the Senate for the removal of the seat of government to Fort Des Moines, and, on final vote, was just barely defeated. At the next session, however, the effort was more successful, and on the 15th day of January, 1855, a bill re-locating the capital within two miles of the Raccoon Fork of the Des Moines, and for the appoint- ment of Commissioners, was approved by Gov. Grimes. The site was selected in 1856, in accordance with the provisions of this act, the land being donated to the State by citizens and property-holders of Des Moines. An association of citizens erected a building for a temporary capitol, and leased it to the State at a nominal rent.
The third Constitutional Convention to revise the Constitution of the State assembled at Iowa City, January 19, 1857. The new Constitution framed by this convention was submitted to the people at an election held August 3, 1857, when it was approved and adopted by a vote of 40,311 "for " to 38,681 " against," and on the 3d day of September following was declared by a procla- mation of the Governor to be the supreme law of the State of Iowa.
Advised of the completion of the temporary State House at Des Moines, on the 19th of October following, Governor Grimes issued another proclamation, declaring the City of Des Moines to be the capital of the State of Iowa.
The removal of the archives and offices was commenced at once and con- tinued through the Fall. It was an undertaking of no small magnitude; there was not a mile of railroad to facilitate the work, and the season was unusually disagreeable. Rain, snow and other accompaniments increased the difficulties ; and it was not until December, that the last of the effects-the safe of the State Treasurer, loaded on two large " bob-sleds "-drawn by ten yoke of oxen was de- posited in the new capital. It is not imprudent now to remark that, during this passage over hills and prairies, across rivers, through bottom lands and timber, the safes belonging to the several departments contained large sums of money, mostly individual funds, however. Thus, Iowa City ceased to be the capital of the State, after four Territorial Legislatures, six State Legislatures and three
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HISTORY OF THE STATE OF IOWA.
Constitutional Conventions had held their sessions there. By the exchange, the old capitol at Iowa City became the seat of the University, and, except the rooms occupied by the United States District Court, passed under the immedi- ate and direct control of the Trustees of that institution. .
Des Moines was now the permanent seat of government, made so by the fundamental law of the State, and on the 11th day of January, 1858, the seventh General Assembly convened at the new capital. The building used for governmental purposes was purchased in 1864. It soon became inadequate for the purposes for which it was designed, and it became apparent that a new, large and permanent State House must be erected. In 1870, the General Assembly made an appropriation and provided for the appointment of a Board of Commissioners to commence the work. The board consisted of Gov. Samuel Merrill, ex officio, President ; Grenville M. Dodge, Council Bluffs ; James F. Wilson, Fairfield; James Dawson, Washington; Simon G. Stein, Muscatine ; James O. Crosby, Gainsville ; Charles Dudley, Agency City ; John N. Dewey, Des Moines ; William L. Joy, Sioux City ; Alexander R. Fulton, Des Moines, Secretary.
The act of 1870 provided that the building should be constructed of the best material and should be fire proof; to be heated and ventilated in the most approved manner; should contain suitable legislative halls, rooms for State officers, the judiciary, library, committees, archives and the collections of the State Agricultural Society, and for all purposes of State Government, and should be erected on grounds held by the State for that purpose. The sum first appropriated was $150,000; and the law provided that no contract should be made, either for constructing or furnishing the building, which should bind the State for larger sums than those at the time appropriated. A design was drawn and plans and specifications furnished by Cochrane & Piquenard, architects, which were accepted by the board, and on the 23d of November, 1871, the cor- ner stone was laid with appropriate ceremonies. The estimated cost and present value of the capitol is fixed at $2,000,000.
From 1858 to 1860, the Sioux became troublesome in the northwestern part of the State. These warlike Indians made frequent plundering raids upon the settlers, and murdered several families. In 1861, several companies of militia were ordered to that portion of the State to hunt down and punish the murderous thieves. No battles were fought, however, for the Indians fled when they ascertained that systematic and adequate measures had been adopted to protect the settlers.
" The year 1856 marked a new era in the history of Iowa. In 1854, the Chicago & Rock Island Railroad had been completed to the east bank of the Mississippi River, opposite Davenport. In 1854, the corner stone of a railroad bridge, that was to be the first to span the "Father of Waters," was laid with appropriate ceremonies at this point. St. Louis had resolved that the enter- prise was unconstitutional, and by writs of injunction made an unsuccessful effort to prevent its completion. Twenty years later in her history, St. Louis repented her folly, and made atonement for her sin by imitating our example. On the 1st day of January, 1856, this railroad was completed to Iowa City. In the meantime, two other railroads had reached the east bank of the Missis- sippi-one opposite Burlington, and one opposite Dubuque-and these were being extended into the interior of the State. Indeed, four lines of railroad had been projected across the State from the Mississippi to the Missouri, hav- ing eastern connections. On the 15th of May, 1856, the Congress of the United States passed an act granting to the State, to aid in the construction of
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