USA > Iowa > Warren County > The history of Warren County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics &c > Part 20
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By the year 1836 the population had increased so that the people began to agitate for a separate Territorial organization. There were also several other matters in which they were deeply interested. In November, 1837, a convention was called at Burlington to take action. Some account of this first Iowa convention, and the action taken by it, will be of interest to every citizen of the State.
TERRITORIAL CONVENTION.
On Monday the 6th of November, 1837, a convention of delegates from the several counties in that portion of Wisconsin Territory west of the Missis- sippi river, then sometimes called Western Wisconsin, convened in the town of Burlington. Among the principal purposes for which this convention was called were: 1. To memoralize Congress for the passage of an act granting the right of pre-emption to actual settlers on government lands; 2. To memoralize Congress on the subject of the attempt then being made by the State of Missouri to extend her northern boundary line so as to embrace territory claimed as being a part of Wisconsin; 3. To memoralize Congress for the organization of a separate territorial government in that part of the Territory of Wisconsin west of the Mississippi river.
The following were the accredited delegates in the convention from the several connties:
Dubuque County .- P. H. Engle, J. T. Fales, G. W. Harris, W. A. War- ren, W. B. Watts, A. F. Russell, W. H. Patton, J. W. Parker, J. D. Bell, and J. H. Rose.
Des Moines County .- David Rorer, Robert Ralston, and Cyrus S. Jacobs.
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HISTORY OF IOWA.
Van Buren County .- Van Caldwell, J. G. Kenner, and James Hall. Henry County .- W. H. Wallace, J. D. Payne, and J. L. Myers.
Muscatine County .- J. R. Struthers, M. Couch, Eli Reynolds, S. C. Hastings, James Davis, S. Jenner, A. Smith, and E. K. Fay.
Louisa County .- J. M. Clark, Wm. L. Toole, and J. J. Rinearson. Lee County .- Henry Eno, John Claypool, and Hawkins Taylor.
The officers of the convention were: President, Cyrus S. Jacobs; Vice Presidents, J. M. Clark, and Wm. H. Wallace; Secretaries, J. W. Parker, and J. R. Struthers.
The following committees were appointed:
To draft and report a memorial in relation to the right of pre-emption- Messrs. Engle, Kenner, Payne, Struthers, Patton, Rorer, and Smith.
To draft and report a memorial on the subject of the boundary line- Messrs. Eno, Claypool, Kenner, Ralston, Davis, Watts, and Toole.
To draft and report a memorial on the subject of a separate territorial organization - Messrs. Rorer, Hastings, Caldwell, Myers, Claypool, Rinear- son, and Harris.
The convention continued in session three days, and on the afternoon of the last day all the committees reported, and their reports were unanimously adopted.
MEMORIAL ON THE SUBJECT OF PRE-EMPTIONS.
To the Honorable Senate and House of Representatives :
A convention of citizens representing all the counties in that part of Wis- consin Territory lying west of the Mississippi river, have assembled at Bur- lington, the present seat of government of said Territory, for the purpose of taking into consideration several measures immediately affecting their in- terests and prosperity. Among the most important of these is the passage by your honorable bodies, at the session about to be commenced, of a pre- emption law by which the settlers on the public land shall have secured to them at the minimum price, the lands on which they live, which they have improved and cultivated without fear of molestation, or over-bidding on the part of the rich capitalist and speculator. It is a fact well known to your hon- orable bodies, that none of the land in Wisconsin, west of the Mississippi river, in what is called the "Iowa District," has yet been offered for sale by the government. It is equally true that that tract of country is now inhabited by twenty-five thousand souls, comprising a population as active, intelligent, and worthy as can be found in any other part of the United States. The enterprise of these pioneers has converted what was but yesterday a solitary and uncultivated waste, into thriving towns and villages, alive with the en- gagements of trade and commerce, and rich and smiling farms, yielding their bountiful return to the labors of the husbandman. This district has been settled and improved with a rapidity unexampled in the history of the country; emigrants from all parts of the United States, and from Europe, are daily adding to our numbers and importance. An attempt to force these lands thus occupied and improved into market, to be sold to the highest bid- der, and to put the money thus extorted from the hard earnings of an indus- trions and laborious people into the coffers of the public treasury, would be an act of injustice to the settlers, which would scarcely receive the sanction of your honorable bodies. In most cases the labor of years and the accu- mulated capital of a whole life has been expended in making improvements on the public land, under the strong and firm belief that every safeguard would be thrown around them to prevent their property, thus dearly earned
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HISTORY OF IOWA.
by years of suffering, privation and toil, from being unjustly wrested from their hands. Shall they be disappointed? Will Congress refuse to pass such laws as may be necessary to protect a large class of our citizens from systemized plunder and rapine? The members comprising this convention, representing a very large class of people, who delegated them to speak in their stead, do most confidently express an opinion that your honorable bodies will at your present session, pass some law removing us from danger, and relieving us from fear on this subject. The members of this conven- tion, for themselves, and for the people whose interests they are sent here to represent, do most respectfully solicit that your honorable bodies will, as speedily as possible, pass a pre-emption law, giving to every actual settler on the public domain, who has made improvements sufficient to evince that it is bona fide his design to cultivate and occupy the land, the right to enter at the minimum government price, one-half section for that purpose, before it shall be offered at public sale.
MEMORIAL ON THE SUBJECT OF THE MISSOURI BOUNDARY LINE.
To the Honorable, the Senate and House of Representatives of the United States in Congress assembled:
The Memorial of a Convention of Delegates from the several counties in the Territory of Wisconsin, west of the Mississippi river, convened at Bnr- lington, in said Territory, November 6, 1837, respectfully represent:
That your memorialists are desirous of asking the attention of Congress to the adjustment of the boundary line between the State of Missouri and the Territory of Western Wisconsin. Much excitement already prevails among the inhabitants situated in the border counties of the State and Ter- ritory, and it is much to be feared that, unless the speedy action of Congress should be had upon the subject, difficulties of a serious nature will arise, militating against the peace and harmony which would otherwise exist among them. At the last session of the legislature of Missouri, commis- sioners were appointed to run the northern boundary line of the State. They have recently been engaged in the work, and, according to the line run by them, there is included within the limits of the State of Missouri a consid- erable tract of country hitherto supposed to belong to the Territory of Wis- consin, and which is still believed of right to belong to it. The northern boundary line of Missouri was run several years ago by commissioners ap- pointed by the State of Missouri, and will cross the Des Moines river at a point about twenty-five miles from its mouth. This line, if continued on due east, would strike the Mississippi river near the town of Fort Madison, abont ten miles above the rapids in said river, long since known as the Des Moines rapids; and this line, so run by the commissioners, has always been considered as the boundary line between the State and Territory. The pres- ent commissioners, appointed by the State of Missouri, giving a different construction to the act defining the boundary line of the State, passed up the Des Moines river in search of rapids, and have seen proper to find them some twelve or fourteen miles further up the river than the other commis -. sioners of Missouri formerly did, and, selecting a point which they call the rapids in the Des Moines river, have from thence marked out a line which is now claimed as the northern boundary line of the State. Were this line extended due east, it would strike the Mississippi river at the town of Burlington, some thirty miles above the rapids known, as stated above, as the Des Moines Rapids.
151
HISTORY OF IOWA.
Missouri was created into an independent State, and her boundary line defined, in June, 1820. At that time the country bordering on the Des Moines river was a wilderness, and little was known, except from the Indi- ans who lived on its banks, of its geographical situation. There was at that time no point on the river known as the Des Moines rapids, and at the present time between the mouth of the river and the Raccoon forks, a dis- tance of two hundred miles, fifty places can with as much propriety be desig- nated as the one selected by the commissioners of the State of Missouri.
Your memorialists conceive that no action of the State of Missouri can, or ought to, affect the integrity of the Territory of Wisconsin; and standing in the attitude they do, they must look to the general government to protect their rights and redress their wrongs, which, for so long a period of time, existed between the Territory of Michigan and the State of Ohio relative to their boundaries, will, it is hoped, prompt the speedy action of Congress on this existing subject. Confidently relying upon the wisdom of the general government, and its willingness to take such means as will settle this ques- tion, the people of Wisconsin will peaceably submit to an extension of the northern boundary line of the State of Missouri, if so be that Congress shall ordain it; but until such action, they will resist to the utmost extrem- ity any attempt made by the State of Missouri to extend her jurisdiction over any disputed territory.
We, therefore, pray that Congress will appoint commissioners, whose duty it shall be to run the line between the State of Missouri and the Territory of Wisconsin according to the spirit and intention of the act defining the boundary lines of the State of Missouri, and to adopt such other measures as in their wisdom they shall deem fit and proper.
MEMORIAL PRAYING FOR A DIVISION OF THE TERRITORY.
To the Honorable, the Senate and House of Representatives of the United States in Congress assembled:
The memorial of a general convention of delegates, from the respective counties in the Territory of Wisconsin, west of the Mississippi river, con- vened at the capitol at Burlington, in said Territory, November 6, 1837, respectfully represents:
That the citizens of that part of the Territory west of the Mississippi river, taking into consideration their remote and isolated position, and the vast extent of country included within the limits of the present Territory, and the utter impracticability of the same being governed as an entire whole, by the wisest and best administration of our municipal affairs, in such manner as to fully secure individual right and the right of property, as well as to maintain domestic tranquility, and the good order of society, have by their respective representatives, convened in general convention as aforesaid, for availing themselves of their right of petition as free citizens, by representing their situation and wishes to your honorable body, and asking for the organ- ization of a separate Territorial government over that part of the Territory west of the Mississippi river.
Without in the least designing to question the official conduct of those in whose hands the fate of our infant Territory has been confided, and in whose patriotism and wisdom we have the utmost confidence, your memorialists cannot refrain from the frank expression of their belief that, taking into consideration the geographical extent of her country, in connection with the probable population of Western Wisconsin, perhaps no Territory of the
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HISTORY OF IOWA.
United States has been so much neglected by the parent government, so illy protected in the political and individual rights of her citizens.
Western Wisconsin came into the possession of our government in June, 1833. Settlements were made, and crops grown, during the same season; and even then, at that early day, was the impulse given to the mighty throng of emigration that has subsequently filled our lovely and desirable country with people, intelligence, wealth and enterprise. From that period until the present, being a little over four years, what has been the Territory of West- ern Wisconsin? Literally and practically a large portion of the time with- out a government. With a population of thousands, she has remained ungoverned, and has been quietly left by the parent government to take care of herself, without the privilege on the one hand to provide a government of her own, and without any existing authority on the other to govern her.
From June, 1833, until June, 1834, a period of one year, there was not even the shadow of government or law in all Western Wisconsin. In June, 1334, Congress attached her to the then existing Territory of Michigan, of which Territory she nominally continued a part, until July, 1836, a period of little more than two years. During the whole of this time, the whole country west, sufficient of itself for a respectable State, was included in two counties, Dubuque and Des Moines. In each of these two counties there were holden, during the said term of two years, two terms of a county court (a court of inferior jurisdiction), as the only sources of judicial relief up to the passage of the act of Congress creating the Territory of Wisconsin. That act took effect on the third day of July, 1836, and the first judicial relief afforded under that act, was at the April term following, 1837, a period of nine months after its passage; subsequently to which time there has been a court holden in one solitary county in Western Wisconsin only. This, your memorialists are aware, has recently been owing to the unfortunate disposi- tion of the esteemed and meritorious judge of our district; but they are equally aware of the fact, that had Western Wisconsin existed under a sep- arate organization, we should have found relief in the services of other mem- bers of the judiciary, who are at present, in consequence of the great extent of our Territory, and the small number of judges dispersed at two great a distance, and too constantly engaged in the discharge of the duties of their own district, to be enabled to afford relief to other portions of the Territory. Thus, with a population of not less than twenty-five thousand now, and of near half that number at the organization of the Territory, it will appear that we have existed as a portion of an organized Territory, for sixteen months, with but one term of courts only.
Your memorialists look upon those evils as growing exclusively out of the immense extent of country included within the present boundaries of the Territory, and express their conviction and belief, that nothing would so effectually remedy the evil as the organization of Western Wisconsin into a separate territorial government. To this your memorialists conceive them- selves entitled by principles of moral right-by the same obligation that rests upon their present government, to protect them in the free enjoyment of their rights, until such time as they shall be permitted to provide protec- tion for themselves; as well as from the uniform practice and policy of the government in relation to other Territories.
The Territory of Indiana, including the present States of Indiana, Illinois, and Michigan, and also much of the eastern portion of the present Territory of Wisconsin, was placed under one separate territorial government in the year
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HISTORY OF IOWA.
1800, at a time that the population amounted to only five thousand six hun- dred and forty, or thereabouts.
The Territory of Arkansas was erected into a distinct Territory, in 1820, with a population of about fourteen thousand. The Territory of Illinois was established in 1809, being formed by dividing the Indiana Territory. The exact population of Illinois Territory, at the time of her separation from In- diana, is not known to your memorialists, but her population in 1812, one year subsequent to that event, amounted to but eleven thousand five hun- dred and one whites, and a few blacks-in all, to less than twelve thousand inhabitants.
The Territory of Michigan was formed in 1805, by again dividing the Indiana Territory, of which, until then, she composed a part. The popula- tion of Michigan, at the time of her separation from Indiana, your memo- rialists have been unable to ascertain, but in 1810, a period of five years sub- sequent to her separate organization, her population amounted to but about four thousand seven hundred and sixty; and in the year 1820, to less than nine thousand-so that Michigan existed some fifteen years, as a distinct Territory, with a population of less than half of Western Wisconsin at pres- ent; and each of the above named Territories, now composing so many proud and flourishing States, were created into separate territorial govern- ments, with a much less population than that of Western Wisconsin, and that too at a time when the parent government was burdened with a national debt of millions. Your memorialists therefore pray for the organ- ization of a separate territorial government over that part of the Territory of Wisconsin west of the Mississippi river.
TERRITORY OF IOWA.
Territorial Organization-Members of First Legislative Assembly-Its Presiding Officers-
Important Acts-The Great Seal of the Territory-Provision for Locating Seat of Gov- ernment-Some Prominent Members-The Boundary Dispute-Its Settement-Delegate to Congress-Territorial Governors-Death of Wm. B. Conway-Various Incorporations.
CONGRESS considered the prayer of the memorial favorably, and " An Act to divide the Territory of Wisconsin, and to establish the Territorial govern- ment of Iowa," was approved June 12, 1838, to take effect and be in force on and after July 3, 1838. The new Territory embraced " all that part of the present Territory of Wisconsin which lies west of the Mississippi River, and west of a line drawn due north from the head water or sources of the Mississippi to the territorial line." The organic act provided for a Governor whose term of office should be three years, and for a Secretary, Chief Jus- tice, two Associate Justices, and Attorney and Marshal, who should serve four years, to be appointed by the President, by and with the advice and consent of the Senate. The act also provided for the election, by the white male inhabitants, citizens of the United States, over twenty-one years of age, of a House of Representatives, consisting of twenty-six members, and a Council, to consist of thirteen members. It also appropriated $5,000 for a public library, and $20,000 for the erection of public buildings. President Van Buren appointed Ex-Governor Robert Lucas, of Ohio, to be the first Governor of the new Territory. William B. Conway, of Pittsburg, was appointed Secretary of the Territory; Charles Mason, of Burlington, Chief Justice; and Thomas S. Wilson, of Dubuque, and Joseph Williams, of Pennsylvania, Associate Judges of the Supreme and District Courts; Mr. Van Allen, of New York, Attorney; Francis Gehon, of Dubuque, Marshal;
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HISTORY OF IOWA.
Augustus C. Dodge, Register of the Land Office at Burlington, and Thom- as McKnight, Receiver of the Land Office at Dubugne. Mr. Van Al- len, the District Attorney, died at Rockingham, soon after his appointment, and Col. Charles Weston was appointed to fill his vacancy. 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 suc- ceed him. Immediately after liis arrival, Governor Lucas issued a procla- mation for the election of members of the first Territorial Legislature, to be held on the 10th of September, dividing the Territory into election districts for that purpose, and appointing the 12th day of November for the meeting of the Legislature to be elected, at Burlington.
The following were the names, county of residence, nativity, age, and occupation, of the members of that first Territorial Legislature:
COUNCIL.
NAME.
COUNTY.
NATIVITY. AGE.
OCCUPATION.
E. A. M. Swarzy.
Van Buren. |Vermont.
28| Farmer.
J. Kieth.
Virginia.
52 Gunsmith.
A. Ingram.
Des Moines. Penn.
60 Farmer.
Robert Ralston
"
Ohio.
31 Merchant.
C. Whittlesey.
Cedar.
New York.
31 Merchant.
George Hepner.
Des Moines. Kentucky.
33 Farmer.
Jesse B. Browne.
Lee.
Kentucky.
40 Formerly in U.S.A
Jesse D. Payne.
Henry.
Tennessee.
35 Physician.
L. B. Hughes.
Virginia.
34 Merchant.
J. W. Parker. .
Scott.
Vermont.
28 Lawyer.
Stephen Hempstead
Dubuque.
Conn.
26 Lawyer.
Warner Lewis.
Virginia.
32
J. M. Clark.
Louisa.
New York.
25 Farmer.
HOUSE OF REPRESENTATIVES.
NAME.
COUNTY. NATIVITY. AGE.
OCCUPATION.
Wm. H. Wallace
Henry. ¥
Ohio.
27|Farmer.
Wm. G. Coop
Virginia.
33 Farmer.
A. B. Porter.
Kentucky.
30|Farmer.
Laurel Summers
Scott.
Kentucky.
24 Farmer.
Jabez Burchard
Penn.
34 Farmer
James Brierly
Lee.
Ohio.
29 Farmer.
Wm. Patterson
..
Virginia.
37 Farmer.
H. Taylor.
Kentucky.
27 Farmer.
Harden Nowlin.
Dubuque.
Illinois.
34 Farmer.
Andrew Bankston
N. C.
51 | Farmer.
Thomas Cox
Kentucky.
51 Farmer.
C. Swan.
39|Miner.
C. J. Price.
Lee.
New York. N. C.
37 Farmer.
J. W. Grimes
Des Moines.
N. H.
22 Lawyer.
George Temple.
N. H
34 Farmer.
George H. Beeler
Virginia.
39 Merchant.
V. B. Delashmutt.
=
Kentucky.
49 Farmer.
James Hall
Van Buren.
Maryland.
27
Samuel Parker
Virginia.
34|Farmer.
G. S. Bailey
66
Kentucky.
27 Physician.
Levi Thornton
Louisa.
Penn.
42 Farmer.
Wm. L. Toole.
Virginia.
35|Farmer.
Robert G. Roberts.
Cedar.
Penn.
42 Farmer.
John Frierson
Muscatine.
Ohio.
34 Surveyor.
S. C. Hastings
New York.
25 Lawyer.
.
Virginia.
37 Farmer.
Thomas Blair
155
HISTORY OF IOWA.
Jesse B. Browne, of Lee county, was elected president of the council. He had been an officer in the regular army, was a gentleman of dignified appearance and commanding stature, being six feet and seven inches in height. William H. Wallace, of Henry county, was elected speaker of the House. Some years after he held the position of receiver at the United States land office located at Fairfield. He subsequently removed to Wash- ington Territory, and at one time served as a delegate in Congress from that Territory.
Among the acts passed were those for organizing the counties of Linn, Jefferson and Jones; for changing the name of Slaughter county to Wash- ington; providing for the election in each county of a board of commission- ers, to consist of three persons, to attend to all county business, and acts providing for the location of the capital and the penitentiary. The Terri- tory was divided into three judicial districts, in each county of which court was to be held twice a year. The counties of Lee, Van Buren, Henry and Des Moines constituted the first district, to which Charles Mason, of Bur. lington, was assigned as judge. The counties of Louisa, Washington, John- son, Cedar and Muscatine. constituted the second district, with Joseph Williams, of Muscatine, as judge. The counties of Jackson, Dubuque, Scott and Clayton constituted the third district, with Thomas S. Wilson, of Dubuque, as judge.
Among the proceedings was the passage of a resolution by the council, instructing Wm. B. Conway, the secretary of the Territory, to procure a seal. In compliance with this instruction, on the 23d of November, Mr. Conway submitted to the inspection of the council what became the "great seal of the Territory of Iowa." The design was that of an eagle bearing in its beak an Indian arrow, and clutching in its talons an unstrung bow. The seal was one inch and five-eighths in diameter, and was engraved by William Wagner, of York, Pennsylvania. The council passed a resolu- tion adopting the seal submitted by the secretary, but it does not appear that it was adopted by the other branch of the legislature. In his communi- cation to the council presenting the seal, Mr. Conway calls it the "great seal of the Territory of Iowa," but the word "great " did not appear upon it. This old territorial seal appears to have been lost in the removal from Iowa City to Des Moines.
Under the act passed for the location of the capital, Chauncey Swan, of Dubuque county, John Ronalds, of Louisa county, and Robert Ralston, of Des Moines county, were appointed commissioners, and were required to meet at the town of Napoleon, in Johnson county, on the first Monday of May, 1839, and proceed to locate the seat of government at the most suit- able point in that county. They proceeded at that time to discharge the duties of their trust, and procured the title to six hundred and forty acres. They had it surveyed into lots, and agreed upon a plan for a capitol, selecting one of their number, Chauncey Swan, to superintend the work of erecting the building. The site selected was about two miles northwest of what was then the town of Napoleon, a place which now is not known as a town. The new town was named Iowa City, and the first sale of lots took place August 16, 1839. In November, 1839, the second Territorial Legislature assembled in Burlington, and passed an act requiring the commissioners to adopt a plan for a building, not to exceed in cost $51,000. On the 4th day of July, 1840, the corner stone was laid with appropriate ceremonies, Sam-
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