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 21
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HISTORY OF IOWA.
uel C. Trowbridge acting as marshal of the day, and Governor Robert Lucas as orator.
This first legislative body which enacted laws for the government of the new Territory of Iowa held its sessions in the then unfinished Methodist church in Burlington, the lower story or basement being built of stone, and the upper story of brick. It was known in later years as "Old Zion." Of the members of that legislature several afterward held prominent official positions in the State. Two of them, Stephen Hempstead, of Dubuque, and James W. Grimes, of Burlington, held the office of Governor. The latter also became prominent in the United States Senate, and in the National Cabinet.
William G. Coop continued to be returned as a member of one or the other branch of almost every General Assembly, up to the change of parties in the election of James W. Grimes, as Governor. His later legislative career was as a member of the State Senate from Jefferson county. He was the Democratic candidate in that county against James F. Wilson in 1856, for member of the constitutional convention, but was defeated by the latter. He was a man of strong party attachments, being a Democrat in the strictest sense, but was faithful to his constituents, and honest in his discharge of duty. We recognize other names that were familiar in the subsequent history of the Territory or State, and among them, the following: Asbury B. Porter, who became the first colonel of the Fourth Iowa Cavalry during the Rebellion; Hawkins Taylor, of Lee county, who, during later years, has resided most of the time in Washington City; Warner Lewis, of Dubuque, who afterward held the position of Surveyor General for Iowa and Wisconsin; William L. Toole, of Louisa county, after whom the town of Toolesboro in that county was named; Laurel Summers, of Scott county, and others. In the organi- zation of this first Territorial Legislature party ties do not seem to have been very strictly drawn, for General Browne, who was chosen president of the council without opposition, and Colonel Wallace, who was elected speaker of the house, with but little opposition, were both Whigs, while both branches of the legislature were largely Democratic. Party lines were not tightly drawn until the campaign of 1840, when the young Territory canght the enthusiasm which characterized that contest throughout the country.
THE BOUNDARY DISPUTE.
One of the exciting questions with which the Territory of Iowa had to deal was that in relation to the southern boundary. The constitution of Missouri in defining the boundaries of that State had defined her northern boundary to be the parallel of latitude which passes through the rapids of the Des Moines river. In the Mississippi river, a little above the mouth of the Des Moines river, are the rapids, which had been known as the Des Moines Rapids, or the Rapids of the Des Moines river. Just below the town of Keosanqua, in Van Buren county, there are rapids (though very slight and inconsiderable) also in the Des Moines river. The Missouri authorities claimed that the latter rapids were referred to in the definition of her boundary, and insisted on ex- ercising jurisdiction over a strip of territory some eight miles in width which Iowa claimed as being a part of her territory. At the first court held in Far- mington, Van Buren county, in April, 1837, by David Irwin, Judge of the Second Judicial District of Wisconsin, an indictment was found against one David Doose for exercising the office of constable in Van Buren county
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HISTORY OF IOWA.
under authority of the State of Missouri. This, and other similar acts by Missouri officials, were the origin of the despute which resulted in demon- strations of hostilities, and very nearly precipitated a border war. Governor Boggs, of Missouri, called out the militia of that State to enforce its claims, and Governor Lucas, of Iowa, called out the militia of the Territory to main- tain its rights. About 1200 men were enlisted and armed. There was no difficulty in raising volunteers, for the war spirit ran high. At this stage, however, it was considered best to send peace commissioners to Missouri with a view of adjusting the difficulties. Gen. A. C. Dodge, of Burlington; Gen. Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were ap- pointed and proceeded to discharge the duties of their mission. When they arrived they found that the county commissioners of Clarke county, Mis- souri, had rescinded their order for the collection of taxes in Iowa, and the Governor of Missouri had sent messengers to Governor Lucas with a propo- sition to submit an agreed case to the Supreme Court of the United States. This proposition was declined, but afterward both Iowa and Missouri petitioned Congress to authorize a suit to settle the question. This was done, and the decision was adverse to the claims of Missouri. Under an order of the Supreme Court of the United States, William G. Miner, of Missouri, and Henry B. Hendershott, of Iowa, acted as commissioners to sur- vey and establish the boundary line. They discharged the duties assigned them, and peace was restored.
In September, 1838, the election was held for delegate to Congress. There were four candidates in the field, to-wit: William W. Chapman and David Rorer, of Des Moines county; B. F. Wallace, of Henry county, and Peter H. Engle, of Dubuque county. William W. Chapman was elected by a majority of thirty-six votes over P. H. Engle. During the time that Iowa remained a separate Territory, from 1838 to 1846, the office of Gov- ernor was held successively by Robert Lucas, John Chambers, and James Clarke. Robert Lucas had been one of the early Governors of Ohio, and was appointed the first Governor of the Territory of Iowa by President Van Buren. John Chambers had been a Representative in Congress from Ken- tucky, aud a warm supporter of Gen. Wm. H. Harrison for President in 1840. After the change of the National administration he was appointed to succeed Governor Lucas. James Clarke had been the editor of the Gazette at Burlington, but at the death of Wm. B. Conway, Secretary of the Terri- tory, which occurred at Burlington, November 6, 1839, Mr. Clarke was ap- pointed his successor, and afterward succeeded John Chambers as the last Territorial Governor.
The death of Wmn. B. Conway, Secretary of the Territory, was an event which cast a gloom over the Territory. Prior to his appointment by Presi- dent Van Buren he had been a resident of Pittsburg, Penn. His remains were taken to Davenport for interment, and on the 9th of November a pub- lic meeting of the citizens of that place passed resolutions expressing the highest esteem both for his character as a citizen and as an officer of the Territory. His remains were taken to St. Anthony's Church where the solemn services for the dead were performed by Rev. Father Pelamorgues. On the 11th a meeting of the members of the bar of the Territory was held at Burlington, in which his associates in the profession also passed resolutions of respect for the deceased. Of this meeting Charles Mason was chairman, and David Rorer was appointed to present the resolutions to the Supreme
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HISTORY OF IOWA.
Court of the Territory, for the purpose of having them entered on the record of the court. The deceased left a wife and one child.
The first Territorial Legislature provided by law that "no action commenced by a single woman, who intermarries during the pending thereof, shall abate on account of such marriage; secured religious toleration to all; vested the judiciary power in a Supreme Court, District Court, Probate Court, and Justices of the Peace; made real estate divisible by will, and intestate prop- erty to be divided equitably among heirs; made murder punishable by death, and provided proportionate penalties for other crimes; established a system of free schools, open to all classes of white children; provided for a system of roads and highways; enacted a law to prevent and punish gambling, and in fact enacted a pretty complete code of laws, many of which still remain in force.
Among the various institutions and associations incorporated were the fol- lowing: The Wapello Seminary, in Louisa county; the Bloomington and Cedar River Canal Company; the Des Moines Mill Company, in Van Buren county; the Burlington Steam Mill Company; seminaries of learning in Fort Madison, West Point, Burlington, Augusta, Farmington, Bentonsport, Rockingham, Keosauqua, Dubuque, and Davenport; the Burlington and Iowa River Turnpike Company; the Burlington and Des Moines Transpor- tation Company; the Keosauqua Lyceum, and the Iowa Mutual Fire Insur- ance Company at Burlington.
STATE ORGANIZATION.
First Constitution-Proposed Boundaries -- Changed by Congress-Rejection of Constitution by the People -Congress Repeals its former Provision as to Boundaries and Fixes the Present Limits-The Second Constitution-Its Adoption by the People-Election of State Offiers-First General Assembly-Seat of Government-Monroe City-Fort Des Moines -- Final Permanent Location-Removal-Third Constitutional Convention-New Capitol- Case of Attempted Bribery in First General Assembly.
BY the year 1844 the population of the Territory had reached 75,152, and the people began to desire a State organization. In October of that year a constitutional convention was held at Iowa City, which formed a constitution defining the boundaries of the State as follows:
"Beginning in the middle of the main channel of the Mississippi river, opposite the 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 in- tersected 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 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. Peter's 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 chan- nel of said river to the place of beginning."
On the 3d of March, 1845, Congress passed an act providing for the admis- sion of the State into the Union, but with boundaries different from those defined in the proposed constitution. By this act the State was to extend north to the parallel passing through Mankato, or Blue Earth river, in the
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HISTORY OF IOWA.
present State of Minnesota, and west to the meridian of 17 deg. 30 min. west from Washington. These boundaries would have deprived the State of the Missouri Slope and of one of the grand rivers by which it is now bounded, while in shape it would have been long and comparatively narrow. As a result, at an election held August 4, 1845, the people of the Territory rejected the constitution with the change of boundaries as proposed by Congress. The vote stood 7,235 for, and 7,656 against it, being a majority of 421 against the adoption. On the 4th of August, 1846, Congress passed an act repealing so much of the act of March, 3, 1845, as related to the boundaries of Iowa, and fixing the boundaries as now defined. On the 4th of May of that year a sec- ond constitutional convention had convened at Iowa City, and after a session of fifteen days formed the constitution which was sanctioned by the people at an election held August 3, 1846. The popular vote stood 9,492 for, and 9,036 against the constitution at this election, being a majority of 456 in favor of it. A copy of this constitution was presented in Congress, and on the 28th of December, 1846, an act was passed and approved for the admission of the State of Iowa into the Union.
On the 26th of October, 1846, an election had been held for State officers, when the following were elected: Ansel Briggs, Governor; Elisha Cutler, Jr., Secretary of State; Joseph T. Fales, Auditor, and Morgan Reno, Treas- urer. At this time there were twenty-seven organized counties with a popu- lation, according to the census, of 96,088.
The first General Assembly under the State organization, convened at Iowa City, November 30, 1846. Thomas Baker was elected President of the Senate, and Jesse B. Browne, Speaker of the House of Representatives. . As the latter had been President of the first Territorial Council, so he was the first Speaker of the House when Iowa became a State.
The capitol building at Iowa City being at this time still in an unfinished condition, an appropriation of $5,500 was made to complete it. The boun- dary being so much extended west of the limits of the Territory when the capital was located at Iowa City, the question of removal and permanent loca- tion at some point further west began to be agitated, and the first General Assembly appointed commissioners to locate the seat of government, and to select five sections of land which had been granted by Congress for the erec- tion of public buildings. The commissioners in. discharge of their duties selected the land in Jasper county, lying between the present towns of Prairie City and Monroe. The commissioners also surveyed and platted a town, to which they gave the name of Monroe City. Four hundred and fif- teen lots were sold, the cash payments yielding $1,797.43, being one-fourth of the price for which they sold. When the commissioners made their re- port to the next General Assembly, it was observed that their claim for services and expenses exceeded the cash received by $409.14. The report was referred to a committee without instructions, but the location was never sanctioned by the General Assembly. The money paid by purchasers was mostly refunded. Meantime the question of re-location continued to be agitated at each session. In 1851 bills were introduced in the House for removal to Pella and Fort Des Moines, but both of them failed to pass. At the next session a bill was introduced in the Senate for removal to Fort Des Moines, which was also defeated on a final vote. In January, 1855, the ef- fort proved successful, and on the 15th of that month the Governor ap- proved the bill re-locating the seat of government within two miles of the Raccoon Fork of the Des Moines, and providing for the appointment of com-
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HISTORY OF IOWA.
missioners for that purpose. Under this act the commissioners made selec- tion of the present site. A temporary building was erected by an associa- tion of citizens of Des Moines, or Fort Des Moines, as it was then called. On the 19th of October, 1857, Governor Grimes, having been advised that the building was completed and ready for occupaney, issued a proclamation declaring the city of Des Moines the capital of Iowa. The officers with the archives of the State removed during the fall and winter, and on the 11th day of January, 1858, the Seventh General Assembly convened at Des Moines.
Meantime a third constitutional convention had been called to frame a new State constitution. It convened at Iowa City, January, 19, 1857, and adjourned March 5th of the same year. Franeis Springer, of Louisa county, was chosen President. The constitution as adopted by this convention was approved by the people at an election held August 3d of the same year, the vote being 40,311 for, and 38, 681 against it. It took effeet by proclamation of the Governor, September 3, 1857. In this constitution the location of the seat of government at Des Moines was made a part of the fundamental law. In 1868 an amendment was made to this constitution, striking the word "white" from the clause defining the qualification of electors. The whole vote cast by the people on this amendment was 186,503, with a ma- jority in favor of striking out, of 24,265.
The first capitol building ereeted in Des Moines being inadequate for the growing wants of the State, being too small and not sufficiently safe, an aet was passed and approved April 13, 1870, providing for the erection of a new one. The following were constituted a Board of Commissioners to have charge of the erection: Grenville M. Dodge, of Pottawattamie county; James F. Wilson, of Jefferson county; James Dawson, of Washington county; Simon G. Stein, of Muscatine county; James O. Crosby, of Clay- ton county; Charles Dudley, of Wapello county; John N. Dewey, of Polk county, and William L. Joy, of Woodbury county. The Governor was also constituted a member of the Board, and President ex-officio. A. R. Fulton was elected Secretary of the Board. It was provided in the aet that the plan to be selected should not be for a building exceeding in cost $1,500- 000, and the sum of $150,000 was appropriated to commence the work. In the fall of 1870 excavation for the foundation was commenced, and on the 23d of November of the next year, the ceremony of laying the corner stone took place. Gen. N. B. Baker was chief marshal of the day, and Governor Samuel Merrill delivered an appropriate address.
The Board of commissioners experienced many difficulties in finding stone, especially within the limits of the State, that had been sufficiently tested for a building of such magnitude. The law required them to give . preference to material obtained in the State, price and quality being equal, and they desired to comply with the spirit of the law. As a result, how- ever, some material was placed in the foundation, which being exposed, dur- ing the next winter, was affected by the weather, and the next season it was necessary to remove a portion of the foundation, involving a large addi- tional expense.
The Fourteenth General Assembly convened in January, 1872, and in March a joint committee was authorized to examine and report upon the character of the material used. They reported that unfit material had been placed in the foundation, and recommended its removal. An act was passed at this session appropriating $100,000 for the work in 1872, and
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HISTORY OF IOWA.
$125,000 to be used annually thereafter for the prosecution of the work, but the whole cost not to exceed the limit of $1,380,000. The Board were required, however, to direct all their action with a view to the completion of the building for $1,500,000. The same act placed the work in charge of a Board of commissioners consisting of five members, including the Governor, who was also to be President, ex-officio. The following were con- stituted the members of the new Board: John G. Foote, of Des Moines county; Maturin L. Fisher, of Clayton county; Robert S. Finkbine, and Peter A. Dey, of Johnson county, and the Governor, as above stated. Ed. Wright was appointed Secretary by the Board. This Board proceeded with the work in accordance with the general plan adopted by the former Board, and when completed Iowa will have one of the finest and most substantial capitol buildings in the Union.
Having presented a brief review of the legislation in regard to seat of gov- ernment, which, as we have seen, was inaugurated by the first General As- sembly, we return to that session. The contest between the two political parties for ascendency was at that time a very earnest one, and especially in view of the election of U. S. Senators. The two political parties in the legislature were nearly equally divided. The friends of the several candidates were present at the opening of the session to take part in the lobby branch, in behalf of their respective favorites. Keokuk county was represented in the House by Nelson King, a Whig, although his county at that time was regarded as Democratic. Gen. A. O. Dodge, of Burlington, was the prom- inent Democratic candidate for Senator, and the name of J. C. Hall, also of Burlington, was likewise favorably mentioned. On the afternoon of December 9th, Mr. King, of Keokuk county, by consent of the House, rose in his place and made a statement to the following effect: That since he had presented his credentials, and taken his seat as a member, he had been ap- proached by several different persons relative to the casting of his vote for United States Senators; that several distinct propositions for the payment of money and other reward had been offered him, if he would vote for certain candidates, or either of theni, as might be determined upon, which deter- mination was to be made known to him previous to casting his vote for United States Senator; and that the said partics offering thus to reward him for his vote, had promised to secure him from all blame or suspicion, by procuring written instructions from his constituents, urging him so to vote. He further stated that one Marshall had the day previously given him a five dollar note on the State Bank of Ohio, and told him to call on him at any future time, and he would give him one hundred dollars, or any amount he wanted. He said that Marshall had also surrendered to him two receipts for indebtedness-one for legal service while he (King) had resided in Lee county, and the other in discharge of a claim of two dollars and fifty cents, held against him by one William Stotts. Mr. King having concluded his statement, Mr. Stewart Goodrell, then a member of the House from Wash- ington county, moved the appointment of a committee of five to investigate the charges made by Mr. King. The committee was subsequently increased to seven, as follows: W. J. Cochran, of Lee connty; Stewart Goodrell, of Washington county; Alfred Hebard, of Des Moines county; Andrew Leech, of Davis county; Samuel Whitmore of Jefferson county; John L. Morton, of Henry county, and Robert Smyth, of Linn county. The com- mittee commenced their investigations on the same day that Mr. King made his statement. Marshall was arrested, and various witnesses were com- 11
ยท
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HISTORY OF IOWA.
manded to appear before the committee to give evidence in the case, and the investigation which was commenced on the 9th of December, 1846, appears not to have ended until the 19th of January, 1847. Not until the 4th of February was any report made to the House, and then it did not show that the committee had arrived at any conclusions. The report and testimony were ordered to be laid on the table, subject to the further order of the House. The report was never called up. On the same day that Mr. King made his original statement to the House of the attempted bribery, a resolu- tion tendering him a vote of thanks, was laid on the table. Near the close of the session (Feb. 24) this resolution was called up, and a substitute offered for it by Mr. Smyth, of Linn, censuring both King and Marshall. The original resolution and the substitute were both laid on the table, and that was the end of the bribery case, which excited a great deal of interest among thie pol- iticians and people of the State at that early day in her political history. It should be stated that Mr. Marshall was not a member of either branch of the General Assembly. The developments on investigation were generally understood at the time to be quite as damaging to the party making the charge as to any other person. The legislature adjourned without electing United States Senators at that session. The next General Assembly elected George W. Jones, of Dubuque, and Augustus C. Dodge, of Burlington. A. Clinton Hastings, and Shepherd Leffler, represented the State in the 29th Congress, 1846 to 1847, being the first Representatives in Congress from Iowa.
EDUCATIONAL.
Public Schools-How Supported-State University-Its Presidents-Faculty-University Fund-Agricultural College-State Normal School-Other State Educational Institutions -- Public and Private Colleges and Schools.
PUBLIC SCHOOLS.
WE have seen that the first territorial legislature made provision for gen- eral education by organizing a system of common schools. The famous or- dinance of 1787 required that "schools and the means of education shall be forever encouraged," and this has been the policy of the government in the admission of every new State since that time, as evinced by the liberal grants of the public lands for educational purposes.
The public schools are supported by funds arising from several different sources. In the first place, the sixteenthi section of every congressional town- ship was set apart by the government for school purposes - being one thirty- sixth part of all the land in the State. Congress also made to the State an additional donation of 500,000 acres, and an appropriation of five per cent on all the sales of public lands in the State. The State also gives the pro- ceeds of the sales of all lands which escheat to it. The money derived from . these sources constitutes the permanent school fund, and, including the proceeds of the land still unsold, will amount to over four millions of dol- lars. The interest on this fund is apportioned by the State Auditor semi- annually to the several counties of the State, in proportion to the number of persons between the ages of five and twenty-one years. The counties also levy an annual tax for school purposes, which is apportioned to the several district townships in the same way, A district tax is also generally levied for the same purpose. The money arising from these several sources consti-
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