The history of Warren County, Iowa, from its Earliest Settlementto 1908, Part 7

Author: Union Historical Company
Publication date: 1879
Publisher: Des Moines : Union historical company
Number of Pages: 1010


USA > Iowa > Warren County > The history of Warren County, Iowa, from its Earliest Settlementto 1908 > Part 7


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HISTORY OF WARREN COUNTY


MEXICAN WAR.


About the time the people of Iowa territory were getting in line for state- hood, the Mexican war began. The territory was asked for a regiment of men. Governor Clarke found no difficulty in securing twelve companies, for the war spirit spread like an irresistible tide throughout the territory. The cause of this ready response is not clear to the mind of the average layman, but it appears that almost every able bodied man was anxious for a taste of war. Governor Clarke tendered the command of the regiment to his predecessor, Governor Chambers, but owing to ill health, Chambers declined the offer. For some reason these troops were not accepted, perhaps more men were anxious for the fight than the government needed or could at that time handle. So far, in United States history, its citizens have proven their patriotism by responding promptly to every war-call that has been made. Company K, of the Fifteenth United States Infantry, was largely composed of Iowa men. Edwin Guthrie of Fort Madison, was captain and died from wounds received in battle. The of- ficial reports show that the regiment did valiant service in the war. The fact that the regiment offered by Governor Clarke was not received, dampened the ardor of the Iowa people. any way, but little went on record in regard to the war, in the annals of lowa, after that. Nothing of special interest transpired during the latter part of Governor Chambers' administration or during Gov- ernor Clarke's, except the preparation for statehood. The people voted down the proposition to call a constitutional convention twice, and when it carried it was by a small majority. However, there were enough anxious for state organization to keep the subject before the people. Indeed, it was the all- absorbent topie of discussion throughout the entire territory until statehood was accomplished.


TIFE FOLLOWING IS A LIST OF THE OFFICERS WHO SERVED IN IOWA TERRITORY.


GOVERNORS.


Robert Lucas, appointed 1838. John Chambers, appointed 1841. James Clarke, appointed November, 1845.


SECRETARIES.


William B. Conway, appointed 1838: died in office, November. 1839. James Clarke, appointed 1839. O. H. W. Stull, appointed 1841. Samuel J. Burr, appointed 1843. Jesse Williams, appointed 1845.


TERRITORIAL AUDITORS.


Office created January 7, 1840.


Jesse Williams, appointed January 14, 1840. William b. Gilbert, appointed January 23, 1843; reappointed February 27. 1844. Robert M. Secrest, ap- pointed 1845.


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TERRITORIAL TREASURERS. Office created January 24, 1839.


Thornton Bayless, appointed January 23, 1839. Morgan Reno, appointed 1840.


TERRITORIAL AGENTS.


Office created January 14, 1841; abolished May 29, 1845.


Jesse Williams, appointed Jammary 15, 1841. John M. Colman, appointed in 1842; reappointed February 15, 1843, and February 12, 1844. Anson Hart, appointed 1844 or 1845.


SUPERINTENDENT OF PUBLIC INSTRUCTION.


Office created February 12, 1841; abolished March 9, 1842. William Reynolds, appointed in 1841.


COMMISSIONERS TO LOCATE THE SEAT OF GOVERNMENT AT IOWA CITY.


Under act approved January 21, 1839.


Chauncey Swan, appointed Jannary 18, 1839. John Rolands, appointed January 18, 1839. Robert Ralston, appointed January 18, 1839.


Legislated out of office January 14, 1841.


SUPREME COURT.


Charles Mason, chief justice, 1838 to 1846. Joseph Williams, associate justice, 1838 to 1846. Thomas S. Wilson, associate justice, 1838 to 1846. Thornton Bayless, clerk, 1838 to 1839. George S. Hampton, clerk, 1839 to 1846. Eastin Morris, reporter, 1843 to 1846.


DISTRICT ATTORNEYS FOR THE TERRITORY.


Isaac Van Allen, appointed 1838. Charles Weston, appointed 1840. John D. Deshler, appointed 1843. Edward Johnston, Fort Madison; appointed 1845 and 1846.


MARSHALS.


Francis Gehon, appointed 1838. Thomas Johnson, appointed 1841. Isaac Leffler, appointed 1842. Gideon S. Bailey, Van Buren county ; appointed 1845 and 1846.


DELEGATES IN CONGRESS.


William W. Chapman, in Twenty-fifth and Twenty-sixth Congresses. Francis Gehon was elected in 1839, but appears never to have acted as delegate. Augustus C. Dodge, in the Twenty-seventh, Twenty-eighth and Twenty-ninth Congresses.


STATE ORGANIZATION.


In October, 1844, a constitutional convention assembled in Iowa City and prepared a constitution and defined the boundaries of the proposed state of Iowa, which was presented to Congress. On the 3rd of March, 1845, Congress


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HISTORY OF WARREN COUNTY


changed the boundary as defined in the constitution, making lowa very narrow, east and west, and very long, north and south. The constitution thus amended was again submitted to the people for ratification, on August the 4th, 1845, and was rejected by 421 majority in a total vote of nearly 15,000. all the questions voted upon touching the admission into the Union as a state, the majorities were small, showing that the people were far from unanimous on the subject of statehood. For several years the governors had been urging the people to take the necessary steps for admission, and many of the leading men favored it, but the masses seemed satisfied with territorial government.


The boundaries of the proposed state of Iowa, as defined in the constitution of 1844 were 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 Des Moines river 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 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 Watowan 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." Congress changed this boundary by fixing the northern boundary on the parallel running through Mankato, or Blue Earth river, in the present state of Minnesota. The western boundary was to be on the meridian of longitude 17 degrees and 30 minutes west from Washington. This is the Congressional boundary rejected by the voters in Iowa territory at an election on August the 4th, 1845. The wisdom of this vote cannot be over-estimated, for had the boundary fixed by Congress been ratified by the voters, Iowa would have been deprived of the Missouri river and the entire slope. Congress repealed the act of March the 3rd, 1845, or so much of it as related to the boundary of Iowa, and passed an act August 4th, 1846, establishing the present boundary, for which all the future inhabitants of Iowa should be thankful. The boundary question had been discussed by the voters of the territory for two years, and by persistent effort they secured the present satisfactory arrangement. Congressmen were opposed to making large states in the west, fearing that in some way it might affect the balance of power in the states, and in the future give the large states an advantage. The dissatisfaction now is on the other side. Many of the large and populous western states are dis- posed to complain because the little states in New England have equal representation in the United States Senate with them. But few, if any of the statesmen in the early days of the republic, had any just conception of the future of the Mississippi valley. On the 4th of May, 1846, a second constitutional convention assembled in Iowa City and in fifteen days framed another constitu- tion. The constitution of 1844 was not a bad document, the chief objection to it was the boundary designated by Congress. Among the seventy-two delegates


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there were none but the strictest economists. An item in the proceedings reveals the character of the men composing the body, and their regard for economy. Mr. Sells introduced a resolution in the early part of the session providing "that the convention be opened every morning by prayer to Almighty God." One member favored the resolution, believing the ministers would gladly attend and render their services without compensation. Many speeches were made for, and many against the resolution. Upon the whole the discussions very clearly indicate the temper of the delegates and their want of faith in the efficacy of prayer. One member moved that the prayers should be a half an hour before the time for opening the session. Another member said: "This was a day of improvement. Let those who believe in prayer pray at home." Another became vehement and cried out: "In the name of heaven, don't force men to hear prayers." By a vote of forty-four to twenty-six, the resolution was indefinitely postponed. If the resolution had been adopted without debate, and the ministers had been paid a reasonable compensation for their time, it would not have cost as much as the time of the seventy-two delegates consumed in the discussion.


While on the subject of religion the convention showed its liberal spirit by inserting the following clause in the Bill of Rights: "No religious test shall be required as a qualification for any office or public trust, and no person shall be deprived of any of his rights, privileges, capacities, or disqualified for the performance of any of his duties, publie or private, in consequence of his opinion on the subject of religion, or be rendered incompetent to give testimony in any court of law or equity." This was called the atheist's law, for some of the members were of the opinion that atheists ought not to be permitted to give testimony in the courts. The vote on the "atheist's clause" showed that ten were willing to deny the atheist the right of giving evidence in courts. The economy of the convention developed again in fixing the salaries of the state officers. The governor's salary was finally agreed upon at $800, and the secre- tary of state at $500, and the treasurer's at $300. After much debate in which the economy feature kept bubbling up, the auditor's salary was fixed at $500. When the times and conditions are duly considered, it is not strange that the convention was so parsimonious. In purchasing power a dollar then, in most things, was equal to two dollars now. There were less than a hundred thousand people in the territory, so that in proportion, the salaries fixed by the conven- tion in 1844 were as high as they now are, after a lapse of sixty-four years.


The Constitutional Convention of May the 4th, 1846, met in the capitol building in Iowa City, and organized by electing Enos Lowe of Des Moines county, president of the convention, and William Thompson, secretary. The Rev. Mr. Smith invoked a blessing from the Deity upon the work about to be engaged in by the convention. No more praying was heard in that convention.


Such were the sectional differences throughout the territory, that it became necessary to reconcile or unify publie sentiment ; looking to that end the follow- ing resolution was adopted: "RESOLVED, that a committee of three be added to the supervisory committee, whose duty shall be to inquire into the sectional feelings on the different parts of a constitution, and to report such alterations as to them appear most likely to obviate the various objections that may operate


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against the adoption of this constitution." This convention was equally noted for economy with its predecessor. The entire expense of this convention is put down at $2,844.07; and that of 1844, at $7,850.20. However, the first had seventy-three, delegates, while the last one had thirty-two. The convention of 1846 was modeled after that of 1844, consequently the work was very much abridged.


The salaries of the state officers were fixed as follows: Governor, $1,000; secretary of state, $500; treasurer. $400; auditor, $600; judges of the Supreme court and district courts, $1,000. It will be seen that the convention wrestled with the subject of corporations, a subject that still continues to agitate the public mind, and to bring worry to legislators. Among other things in Article IX is: "No corporate body shall hereafter be created, renewed or extended, with the privilege of making, issuing or putting in circulation, any bill, check, ticket, certificate, promissory note or other paper, or the paper of any bank, to circulate as money. The general assembly of this state shall prohibit by law, any person or persons, association, company or corporation, from exercising the privileges of banking, or creating paper to circulate as money." Article IX made it necessary to call the convention of 1857. Here the persistent law : "One extreme follows another, " prevailed. The constitution of 1846 made no provision for the organization of counties or townships, but left the whole matter with the legislature. At every campaign and election, partisan feeling grew more and more intense. It was evident what would please one political party would displease the other. Nevertheless, the constitution of 1846 had been formulated and must now be submitted to the people for their adoption, The constitution of 1844 was presented to Congress before its adoption by the people. Many of the leaders saw that this was a blunder, and determined to avoid it in the present case. There was much opposition to the work of the last conven- tion; the whigs claimed that the democrats were in the ascendency and had incorporated into the new constitution their favorite dogmas, especially Article IX, which dealt with the subject of corporations and banks. William Penn Clarke set forth in a very clear manner the objections to the constitution made by the whigs. In his address to the voters of Muscatine, Johnson and Iowa counties, he said: "The ratification of this code will prove greatly detrimental, if not entirely ruinous to the nearest or dearest interests of the people by retarding the growth of the proposed state in population, commerce, wealth and prosperity. First: Because it entirely prohibits the establishing of banking institutions. The question narrows down to the single point, whether we will have banks of our own and a currency of our own creation, under our own control; or whether we will become dependent on other states for such a circu- lating medium. ... . . By prohibiting the creation of banks we but disable ourselves and constitute a foreign currency for a home currency. The effect of the article on incorporations will be to make lowa the pluuder ground of all banks in the Union. Secondly : The article on state debts is tantamount to an inhibition of publie improvements. Thirdly: An elective judicial system is calculated to disrobe our courts of justice of their sacred character." He also objected to the constitution because it did not provide for the organization of counties and


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townships. He objected further to the boundaries (the same boundaries as we now have) prophesying that if adopted it would necessitate the removal of the capital from lowa City to some point farther west, perhaps the Raccoon Forks. Ilis prophecy also contained these words: "To quiet the center, we shall probably be promised a state university or something of that character. and then be cheated in the end." The chief objection, however, to the constitu- tion was Article IN, on prohibiting banking. The campaign was exceedingly bitter. The election was held Angust 3rd, 1846; and resulted in a majority of 456 ont of a total vote of 18,528. Governor Clarke issued a proclamation on September 9. 1846, declaring the adoption of the constitution, providing for tlfe election of state officers to take place on the 26th of October following. At this election Ansel Briggs was elected governor by a majority of 161 votes, and a majority of the general assembly were democratic.


The legislature met in Iowa City. December 3rd, 1846; and witnessed the inauguration of Governor Briggs; but it was not until the 28th day of December. 1846, that Congress admitted Towa into the Union on an egnal footing with the other states. No doubt many voted for the adoption of the constitution simply to settle the question of admission ; and entertaining the hope that at an early day the constitution might be amended. The legislature was in session when the state was admitted into the Union; and during that session there was some talk of a new constitution. The editor of the Iowa City Standard, said: "The constitution was accepted purely from motives of expedieney, and with a tacit understanding that it was to receive some slight amendments as soon as they conld constitutionally and legally be made. And bnt for this it would have been rejected by a very handsome majority. No well informed citizen can deny this." The same paper declared: "Three-fourths of the people of Iowa have determined that cost what it may. the Ninth Article shall not remain unaltered in the constitution." During the second session of the legislature an effort was made to call another constitutional convention, but was indefinitely postponed. During the third session of the legislature another effort was made in the same direction ; but was indefinitely postponed. The fifth general assembly passed an aet providing for revision or amendment of the constitution. The question was submitted to the people at the general election in August, 1856, for or against a constitutional convention. The majority in favor of the proposition was declared by Governor Grimes to be 18,628 votes.


In the following November. 36 delegates were elected, and met in the capitol at Iowa City on Jannary 19, 1857. Twenty-one of the thirty-six members were republicans. The act calling for a convention, provided for a revision or amendment of the constitution; but the convention chose to revise the entire code of fundamental laws. The question of banking was the most important. vet many other subjects were duly considered. Men of unbiased judgment have prononneed it a much better guarded instrument than either of its predecessors. At the close of this convention the president used the following language: "We have added some new and important gnards for the seenrity of popular rights. and for the promotion of the best interests of the social compact. Restrictions existed in the old constitution, which it is believed have operated to check and


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retard the energies and prosperity of the state. These we have removed. We have stricken the fetters from the limbs of the infant giant, and given free scope to resonrees, capable as we believe, of working ont the highest results." Article TIT provides for the meeting of the general assembly on the second Monday in January next ensuing the election of its members. Provision was made for a lieutenant governor and an attorney general. It was also provided that the state should not become involved in a debt exceeding the sum of $250.000. The ability with which this convention did its work may be seen in the fact that it has survived for more than half a century. At the time of its adoption. it gave general satisfaction, and has continued to do so down to the present, with a few amendments. This convention remained in session thirty- nine days, adjourning March 5th. 1857; and the people then turned their at- tention to the discussion of other problems after having grappled with the question of a constitution for fifteen years.


The fiftieth anniversary of this constitution was duly celebrated in the Voar 1907. an account of which was written by John C. Parish. as follows:


THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF THE CONSTITUTION OF IOWA.


BY JOHN C. PARISH.


In the year 1907 the State of Iowa closes the first half century of existence under the constitution of 1857. In April. 1906. the general assembly. looking forward to the suitable celebration of so important an anniversary, passed an act appropriating $750 to be used by the State Historical Society of Iowa, in a commemoration of the fiftieth anniversary of the constitution of 1857. It was eminently desirable that the celebration should occur at Iowa City. for it was at that place, then the capital of the state, that the constitutional convention of 1857 was held. And it was particularly fitting that the exercises should be placed under the auspices of the State Historical Society of Iowa, for the same year. 1857. marks the birth of the society. While the convention was drafting the fundamenal law of the state in a room on the lower floor of the Old Stone Capitol, the Sixth General Assembly in the legislative halls upstairs in the same building passed an act providing for the organization of a State Historical Society. Thus the event of 1907 became a celebration of the fiftieth anniversary of the State Historical Society as well as a commemoration of the semi-centennial of the constitution of 1857.


In due time plans were matured for a program covering four days. be- ginning on Tuesday, March 19, and closing on Friday, March 22. 1907. It consisted of addresses by men of national reputation in constitutional and historical lines, together with conferences on state historical subjects. On Tuesday evening. Professor Andrew C. MeLaughlin of Chicago University, do- livered an address upon "A Written Constitution in Some of His Historical Aspects." He dwelt in a scholarly way upon the growth of written constitutions. showing the lines along which their historical development has progressed.


The speaker of Wednesday was Professor Engene Wambaugh of the Har- vard Law School, one of the leading anthorities in the country npon questions


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of constitutional law, and formerly a member of the faculty of the College of Law of the University of lowa. Professor Wambangh, taking for his subject "The Relation Between General History and the History of Law, " outlined the history of the long rivalry between the civil law of Rome and the common law of England, in their struggle for supremacy. both in the old world and the new. In closing, he referred to the constitution of Towa as typical of the efforts of the American people to embody in fixed form the principles of right and justice.


Thursday morning was given over to a conference on the teaching of history. Professor Isaae A. Loos of the State University of Iowa, presided, and members of the faenlties of a number of the colleges and high schools of the state were present and participated in the program. In the afternoon the Conference of Historical Societies convened. Dr. F. E. Horack of the State Historical Society of Iowa, presiding. Reports were read from the Historical department at Des Moines, and from nearly all of the local historical societies in the state. Methods and policies were discussed and much enthusiasm was aroused looking toward the better preservation of the valuable materials of local history.


The history of the Mississippi valley is replete with events of romantic interest. From the time of the early French voyagers and explorers, who paddled down the waters of the tributaries from the north, down to the days of the sturdy pioneers of Anglo-Saxon blood, who squatted upon the fertile soil and staked out their claims on the prairies. there attaches an interest that is scarcely egnaled in the annals of America. On Thursday evening. Dr. Reuben Gold Thwaites. superintendent of the State Historical Society of Wisconsin. delivered an address npon "The Romance of Mississippi Valley History." ITe traced the lines of exploration and immigration from the northeast and east. and drew interesting pictures of the activities in the great river valley when the land was young and the ways full of wonder to the pioneer adventurer.


Friday's program closed the session. On this day Governor Albert B. Cummins attended and participated in the celebration. At the University Ar- mory, before a large gathering. he spoke briefly on the constitution of the United States, paying it high tribute and at the same time showing the need of amendment to fit present day needs. He then introduced Judge Emlin MeClain of the Supreme Court of Iowa, who delivered the principal address of the day. Judge McClain took for his subject "The Constitutional Convention and the Issnes Before It." He told of that memorable gathering at the Old Stone Capitol in Iowa City fifty years ago, when thirty-six men met in the Supreme Court room to draft fundamental law for the commonwealth.


The members of the convention of 1857 were from various occupations. The representatives of the legal profession led in numbers with fourteen mem- bers, among whom were many men of prominence ; William Pemi Clarke. Edward Johnstone and .J. C. IFall were there. .James F. Wilson. afterwards so promi- ment in national politics, was a member. then only twenty-eight years of age. .J. C. Hall was the only delegate who had served in either of the preceding con- stitutional conventions of the state. having represented Henry county in the convention of 1844. There were twelve farmers in the convention of 1857 - rugged types of those men who settled upon the land and built into the early




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