USA > Iowa > Polk County > The history of Polk County, Iowa : containing a history of the county, its cities, towns, &c., biographical sketches of its citizens, war record of its volunteers in the late rebellion, general and local statistics, portraits of early settlers and prominent men > Part 74
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Prior to the contract with O'Reilly the State had, from time to time, disposed of lands belonging to this grant and had applied the proceeds to the improvement of the river, and prior to the making of the contract with the Des Moines Navigation Company, June 9, 1854, the State had sold about 327,000 acres of land, of which amount 58,830 acres were located above the Raccoon Fork. .
Subsequent to June 9, 1854, the Des Moines Navigation Company car- ried on the work under their contract with the State. As the improvement progressed the State from time to time, by its authorized officers, issued to the company, in payment for said work, certificates for lands. These cer- tificates were in the usual form of certificates issued for entries of public land. The first one, dated May 14, 1855, certified 88,853.10 acres; the second, dated May 6, 1855, certified 116,636.54 acres; together, 205,489.64 acres, and all located above the Raccoon Fork, excepting about 50,000 acres.
At length a disagreement and misunderstanding arose between the State and the navigation company and the General Land Office ceased to certify lands under the act of August 8, 1846, and there being no other provision for paying for the improvement, for the purpose of final settlement with the River Navigation Company, the General Assembly, on March 22, 1858, passed the following joint resolution :
" WHEREAS, the Des Moines Navigation & Railroad Company have here- tofore claimed and do now claim to have entered into certain contracts with the State of Iowa, by its officers and agents, concerning the improvement of the Des Moines river in the State of Iowa, and, whereas, disagreements and misunderstandings have arisen and do now exist between the State of Iowa and said company, and it being conceded to be the interests of all parties concerned to have said matters and all matters and things between said company and the State of Iowa settled and adjusted; now, therefore,
" Be it resolved by the General Assembly of the State of Iowa, That for the purpose of such settlement, and for that purpose only, the following propositions are made by the State to said company :
"That the said company shall execute to the State of Iowa full releases
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and discharges of all contracts and agreements and claims with or against the State, including water-rents, which may hereafter or do now exist, and all claims of all kinds against the State of Iowa and the lands connected with the Des Moines River improvement, excepting such as are hereby secured by the State to the said company, and also surrender to the State the dredge- boat and its appurtenances, belonging to the said improvement; and the State of Iowa shall, by its proper officers, certify and convey to the said company all lands granted by act of Congress, approved August 8, 1846, to the then Territory of Iowa, to aid in the improvement of the Des Moines river of Iowa."
It was further agreed that said River Company convey to the State all materials of every kind and description prepared for or intended for the construction of locks and dams in the said improvement, and that the State should take the existing contracts but no other liabilities except construct- ing or repairing the works on certain improvements at Keosauqua, Bentons- port, Plymouth and Croton; it was also agreed that the River Company should be discharged from all claims, and was to pay to the State the sum of twenty thousand dollars. It was also provided that certain of the lands not then granted to the company for the improvement of the river be granted to the Keokuk, Des Moines & Minnesota Railroad Company to aid in the construction of a railroad up and along the valley of the Des Moines river, provided, further, that Congress should permit such diversion of the lands.
This proposition on the part of the State was conditional upon the Navi- gation Company accepting it within sixty days from the passage of the joint resolution.
The company accepted the proposition, paid the State $20.000 in cash, and conveyed to the State the old dredge-boat referred to in the resolution. On the 3d of May, 1858, the State issued to the company fourteen deeds or patents, conveying to the said company 256,703.64 acres of land, describing the same by section, township and range.
May 18th, same year, the State executed to the company still another conveyance, intended to cover any tracts or parcels which might have been overlooked or omitted in the fourteen deeds previously executed. These fifteen deeds conveyed to the River Company 266,108 acres, of which about 53,367 were below the Raccoon Fork and the balance, 212,741 acres above the Raccoon Fork.
The General Assembly, on the 22d of March, 1858, donated to the Keo- kuk, Des Moines & Minnesota Railroad Company all the lands, stone, tim- ber and other material turned over to the State by the Navigation Com- pany, excepting the land belonging to said grant sold to said Navigation Company by virtue of a settlement of the old contract. In accepting this donation the Keokuk, Des Moines & Minnesota Railroad Company agreed to assume certain liabilities growing out of original contracts made by the Navigation Company and assumed by the State.
Thus the matter stood, so far as the State and the Navigation Company and the Railroad Company were concerned, till 1861. Some progress was made in constructing the railroad, and the River Company was disposing of its lands. In the meantime private individuals and other corporations had acquired titles to certain lands along the river above the Raccoon Fork, and their titles conflicting with the titles of the River Company and the Railroad Company, the conflict resulted in litigations, and at the Decem-
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ber term, 1859, of the Supreme Court and during the month of April, 1860, in the case of the Dubuque & Pacific Railroad Company vs. Lichfield, 23 How., 66, it was decided that the river grant, as originally made, did not extend above the Raccoon Fork, and thereupon, on the 18th of May, 1860, the Commissioner of the General Land Office sent to the Registers and Re- ceivers of the local land offices a notice to be promulgated, as follows:
"Notice is hereby given that the lands along the Des Moines river, in Iowa, and within the claimed limits of the Des Moines grant in that State, above the mouth of the Raccon Forks of said river, which have been re- served from sale heretofore on account of the claim of the State thereto, will continue reserved for the time being from sale or from location by any species of scrip or warrants, notwithstanding the recent decision of the Su- preme Court against the claim.
"This action is deemed necessary to afford time for Congress to consider upon memorial or otherwise, the case of actual bona fide settlers holding under titles from the State, and to make such provision, by confirmation or adjustment of the claims of such settlers, as may appear to be right and proper."
On the second of March, 1861 (12 Stat., 251), Congress passed the fol- lowing joint resolution :
" JOINT RESOLUTION to quiet title to lands in the State of Iowa. .
" Resolved by the Senate and House of Representatives of the United States of America in Congress, assembled: That all the title which the United States still retain in the tracts of land along the Des Moines river, and above the mouth of the Raccoon Forks thereof in the State of Iowa, which have been certified to said State improperly by the Department of the Interior, as part of the grant by acts of Congress, approved August 8, 1846, and which is now held by bona fide purchasers under the State of Iowa, be and the same is hereby relinquished to the State of Iowa."
When this resolution of Congress was urged in the interest of the River Company in subsequent suits it was claimed by the attorneys, and held by the courts that titles to real estate could not pass by resolution, and that an act would be necessary to pass title. Consequently, July 12, 1862, the fol- lowing act was passed.
" Be it enacted by the Senate and House of Representatives of the United States of America in Congress, assembled: That the grant of lands to the Territory of Iowa, for the improvement of the Des Moines river, made by the act of August 8, 1846, is hereby extended so as to include the alternate sections (designated by odd numbers) lying within five miles of said river, between the Raccoon Forks and the northern boundary of said State; that such lands are to be held and applied in accordance with provisions of the original grant, except that the consent of Congress is hereby given to the application of a portion thereof to aid in the construct- ion of the Keokuk, Fort Des Moines & Minnesota railroad, in accord- ance with the provisions of the act of the General Assembly of the State of Iowa, approved March 22, 1858; and if any of said lands shall have been sold or otherwise disposed of by the United States before the passage of this act, excepting those released by the United States to the grantees of the State of Iowa, under the joint resolution of March 2, 1862, the Secre- tary of the Interior is hereby directed to set apart an equal amount of lands within said State to be certified in lieu thereof; provided, that if the said State shall have sold and conveyed any portion of the lands lying with-
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in the limits of this grant, the title of which has proved invalid, any lands which shall be certified to said State in lieu thereof, by virtue of the pro- visions of this act, shall inure to and be held as a trust fund for the benefit of the person or persons respectively whose titles shall have failed as afore- said."
After the passage of the joint resolution of March 2, 1861, the Commis- sioner of the General Land Office called on the Governor of the State for a list of the tracts of lands "held by bona fide purchasers of the State of Iowa," on that date. In response to this request, the Governor and Land Commissioner of the State, on the twentieth of November, 1862, furnished the list required, and, among others, included the tracts granted to the Navigation Company, on the settlement made with that company under the joint resolution of March 22, 1858. This list was filed in the General Land Office December 1, 1862.
Notwithstanding this additional legislation and frequent decisions by the higher courts, much of the land thus granted to the River Company was preempted by settlers, and quite a number of parcels were patented by them. These transactions have eventuated in interminable law suits, dis- putes and neighborhood disturbances, which at times have resembled riots. These disturbances have contributed to greatly retard the settlement of the country. While the best jurists hold that there is no longer any question in regard to the title of these lands being vested in the River Company, yet there seem to be some legal points in favor of the settlers and the moral grounds being generally considered to be that of the preemption, therefore many will still hold out and defy the River Company. The whole history of this river land controversy is a most deplorable one, and as many inno- cent persons have been made to suffer by the rulings of the court, they of course have the public sympathy on their side. It is one of those instances in which there seems to be a conflict between legal and moral right.
THE SWAMP LAND GRANT.
The history of the swamp land grant is brief and can be quickly re- counted; it nevertheless has an important bearing upon the history of Polk county.
When that region of country lying in the central and northern portions of Iowa was surveyed it appeared that there were many sloughs or small swamps. In 1850 the Congress of the United States passed an act en- titled " An act to enable the State of Arkansas and other States to reclaim the swamp lands in their limits." -
By this act the general government donated to Arkansas all the swamp lands in the State, the proceeds from the sale of the same to be applied to the draining and reclaiming of said lands. The last section of the act ex- tends the provisions of the bill to any and all States in the Union having swamp lands within their limits.
By virtue of the provisions of this act the title of the swamp lands in Iowa became vested in the State. These lands were afterward donated by the State to the several counties in which they were located. It was the duty of the County Surveyors and other officials appointed by the county courts to select and survey all the swamp lands in the several counties and when these lands were certified to, the title, which had already passed from the general government to the State, was passed from the State to the county ..
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HISTORY OF POLK COUNTY.
The swamp lands of Polk county were selected and surveyed in 1854. As a result of this survey it appeared that the county had in the aggregate, nearly fifteen thousand acres, all of which became the property of the county in 1855. According to the provisions of the act granting these lands, it was necessary that the proceeds of their sale should be used in draining and reclaiming them. These lands had now become the property of the county, but the county could make but one disposition of them, and that was to re- claim them. Thus it was that shortly after the county received the title to the swamp lands, contracts began to be made with various parties in the county whereby said parties were to receive certain parcels of swamp land for and in consideration of having drained a certain portion of them. This plan was continued for some time, when it was found that the lands were passing into the possession of private individuals who had given no consid- eration except, probably, plowing a furrow and calling it a ditch. Thus matters stood in March, 1858, when Congress passed another act permit- ting counties by a vote of the people to contribute their swamp lands in aid of railroads or the erection of seminary buildings.
About this time Polk county was authorized by a special act of the State Legislature to appropriate a certain portion of the swamp land fund for the purpose of completing the court-house which had already been begun.
In April, 1862, an act was passed directing the appraisement of all swamp lands, and authorizing the Board of Supervisors to sell them at either pub- lic or private sale, at not less than their appraised valuation, and in this way were the remainder of the lands disposed of. By this grant Polk county realized quite a large amount of revenue, and the swamp lands be- came the property of private individuals and a large proportion of them have become the most desirable and productive land in the county.
RECOLLECTIONS OF MEN AND THINGS.
Mr. Leonard Brown, who has lived in Polk county since 1853, and who has thought and wrote about the county probably more than any other in- dividual, kindly agreed when we began the preparation of this work to furnish us with some items of interest. What he has written would more properly belong to a former chapter, but as it was not written in time to be placed where it properly belonged, we insert it here. It is just as the author referred to hastily wrote it down, but the facts are of sufficient in- terest to make up for any apparent lack of unity and rhetorical finish:
To bring up again the men of my acquaintance that have passed away to the higher life, or have gone away from among us to other parts of our great and glorious country, and present a picture of them so that the reader may see them as they were or as they appeared to the writer, is a grateful task.
JOHN EVANS, who resided until recently on Walnut Creek. but who now lives near Guthrie, in Guthrie county, came to Fort Des Moines in 1841, and was employed by the Ewings in the Indian Agency here, and had been with them before in Indiana. He is a large man-strong and active. In religion a Universalist, as were a great many of the pioneers of Polk county. He possesses a strong, active mind, is an earnest political worker -a Republican. He brought up a large family of children, all of whom -girls and boys-have ever borne the highest and best of reputations in all respects. His son Tabor, who served a term in the army, has gained
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quite a reputation as an inventor, one of his useful inventions being an in- genious harrow for working amongst corn when small and keeping it clear of weeds. His daughters, many of them, gained good reputations as teachers in the public schools of Polk county. Mr. Evans has an inexhaustable fund of reminiscences of the early days of Iowa history to impart to the in- terested listener. He is a living book most interesting to read. I truly wish the author of Polk County History could run across him to get from him the interesting story of his pioneer life in Polk county.
BENJAMIN BRYANT, who was also an employe in the Indian Agency at Fort Des Moines as early as 1842, came up here from Missouri, and was taken into employment in the Agency by Mr. Evans. Mr. Bryant was a big-hearted western man. He was small in stature, and weighed not above 130 pounds. He married Elvira Birge June 11, 1846, the first marriage, I believe, in the county. This lady died of small-pox during the Cali- fornia emigration, and was buried in Des Moines about the year 1849 or '50. Mr. Bryant was for many years justice of the peace in Des Moines, and was once Recorder and Treasurer. He married a second wife in 1854, and died in 1862, leaving wife and three children in destitute circumstances. His house burnt down before his death and he had been unfortunate in business so that he was not able to rebuild it, though he began the erection of a fine brick residence that he was not able to complete. Mr. Bryant was a Universalist in religious belief.
HENRY BIRGE or Burge, came to the county while the soldiers still were here-as early as 1844-45. He was a tall active man, fond of hunting, and like most of the early settlers liked his bottle too well. He brought up a large family of girls and boys. His son Jackson died in the army, a mem- ber of the Fifteenth Iowa regiment. Gideon Birge, a benevolent-hearted young man, resides somewhere in the mountains of the West, and Benja- min, the eldest son of Henry Birge, now resides in Des Moines. He is a cooper by trade, a religious and worthy man. The writer remembers Henry Birge as a whole-souled, hospitable old man; his wife, a more than commonly intelligent woman. I remember a book that these two old peo- ple both prized greatly was "Hosea Ballou on the Atonement."
LEWIS JONES came to Des Moines in a very early day. He was a good citizen and a faithful friend. He became an abolitionist by seeing Ezra Rathbun forbidden to offer his vote. Mr. Rathbun was of Portugese de- scent, perhaps of Moorish blood. But the statute that would not allow any but " white " men to vote barred Ezra Rathbun from the polls, while a more intelligent man was not to be found perhaps in the county than was Ezra Rathbun. This Mr. Jones observed, and was converted from a Dem- ocrat to an abolitionist because Mr. Rathbun was not allowed in those earlier days to cast a vote. Mr. Jones acquired a comfortable fortune, and for several years before his death lived at ease, enjoying that leisure that he had earned by hard work in his youth. He brought up an intelligent and industrious family of boys and girls. Asbury C. Jones, one of Lewis Jones' sons, is a man of much promise, a lawyer of ability. Lewis Jones was in religion, I believe, too, a Universalist, though he had little to say on this subject. He was a moral, upright man, strictly honest, and had high regard for the Sabbath, and, I dare say, was never heard utter an oath.
The writer recalls a name that ought also to have mention in this work, JNO. F. HowEs, a young lawyer who lived in Fort Des Moines in 1854. He was more
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devoted to reading general literature than he was to the study of law. He was greatly interested in Abbott's Napoleon, published in Harper's Monthy about that time. Mr. Howes left Des Moines about the year 1855, for what bourne the writer knoweth not. He was all the rage among Des Moines misses of that day-a great beau.
JOHN MCCLAIN deserves particular mention in the history of Polk county. There are few men of his type-alas! too few. Complete in integrity, he was a watchful guardian of the public interests. He was for many years a member of the Board of County Supervisors or Commissioners. Saving of public money-opposed to increasing the burdens of taxation-an earnest Democrat, according to the true meaning of the word. Never a word of evil attaches to the name of honest John McClain. He was among the early settlers of the county, and died some time during the year 1874. His sons seem to be of the same make-up of the father -- men of sterling worth, of exalted character. A solid farmer, a granger of the grangers.
. WALTER OYLER, another honest man-God's noblest workmanship-passed to his final rest-I would say about the year 1873. An early settler, a true and good man -- in religion a Universalist. He was a brother-in-law of Judge W. H. McHenry. No stain attaches to the name of Walter Oyler, a hard-working farmer.
JOHN C. BENNETT, died at Polk City about the year 1864 or '65; one of the very early settlers of this county. His life history would make an in- teresting volume. He was general, at one time, of the Mormon Legion at Nauvoo; the chief next in dignity to Joseph Smith, and it is said he came within five votes of being elected over Brigham Young, president of the Mormon community. He apostasized about the time of the break-up at Nauvoo, and published a book against the Mormons. He practiced medi- cine at Des Moines and Polk City for many years; held a commission as major in the Union army of the Tenth Iowa infantry. He always greatly interested himself in agriculture; was an importer of fine poultry and fancy dogs, hogs, etc. He published a volume on chickens, and was the chief agitator in the great chicken rage about the year 1852, '53, and '54, when "Shanghai chickens were bound to shine." A man of mark; one of the strong men who greatly helped on the real progress of the world in his day.
I distinctly recall to memory two other Polk county physicians who helped materially in building up this county in the early time: Drs. F. C. and HENRY GRIMMEL. They were brothers, grand old men, as I recall them to my recollection; ambitious to promote the public welfare. Their loss was greatly felt by the community when they passed away.
J. D. MOGLOTHLEN, a farmer in Allen township, was a large-hearted, pub- lic-spirited man, a true Democrat, a live Granger. Mr. McGlothlen was successful in business, and built up for himself a comfortable home. He took a deep interest in public affairs, and was always seen at the county conventions of his party.
Another of Allen township's devoted men was MR. A. KENWORTHY, a quiet, straight-forward, hospitable man. His home was one of peace, comfort, happiness. There never was a truer patriot. His sons were among the first to enlist to defend their country. Mr. Kenworthy died about the close of the war.
CHARLES KEENEY lived for many years in Allen township. The writer found with Mr. Keeney a home during the winter of 1860. His house was
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a true home. The light of that household is gone out, the family circle is broken up, and exists now only as a pleasant memory. Mr. Keeney had been a hard worker, ambitious to build up a solid, lasting, comfortable home; but he lost nearly all by some misadventure. Yet he succeeded in bring- ing up a large family of sons and daughters that inherit the activity and tireless energy of the father.
J. C. JEWETT was one of the first-comers to the county. He practiced law for many years in Des Moines; was major of the Fourth Iowa cavalry. He was a resident of Iowa City at the time of his death, which occurred about the year 1870; a man of positive character, fearless in his opinions. He was an avowed abolitionist when it took courage to stand against tlie odium of the name. In recalling these men to mind I see distinctly that society is upheld by the few devoted souls, posts, or (as they have been fitly denominated) pillars; remove those and the mass would be little better than a huge collection of little children, without power of self direction. Democracy is impotent without leaders! What was Athens without Per- ecles? But without the enfranchised multitude to jealously watch, and when necessary, ostracise their leaders, and thus hold in check their ambi- tion and inspire wholesome fear of the people, society would become only a slave pen.
ISHMAEL LEE dwelt in Beaver township. This man deserves a marked name in this history, for he was one of the best and truest of the men of Polk county. Grand old man-deeply interested in his country's affairs; he was a member of the Friends, society; the friend of men. It is the glory of America that she develops such complete men-unselfish, public-spir- ited, hospitable. Ishmael Lee was ripe in every respect that goes to make up a complete, unselfish man.
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