USA > Iowa > Des Moines County > Burlington > The semi-centennial of Iowa. A record of the commemoration of the fiftieth anniversary of the settlement of Iowa held at Burlington, June 1, 1883 > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11
France maintained her jurisdiction over the country thus discover- ed until 1763, when she ceded it to Spain. It was, however, grasped by the iron will of Napoleon in 1801,
The daring and ambitious first Consul had 25,000 French soldiers concentrated in the ports of Holland, under the command of Mar-
14
SEMI-CENTENNIAL OF IOWA.
shal Victor, to take possession of Louisiana. But in the Providence of God, and by a feat of diplomacy unparalleled in great results, the au- thor of our Declaration of Independence circumvented the French- man. Jefferson found the Mississippi, April 30th, 1803, our western boundary, and made it the center of the Republic. He reunited the two halves of this great Valley, and thus laid the foundation for the largest empire of freemen that time or earth has ever beheld.
The historian, Marbois, relates that after the conclusion of the treaty (1803), Napoleon remarked: "This cession of territory strengthens forever the power of the United States. I have this day raised up against England a maritime rival that will sooner or later humble her pride."
I must not omit to mention those pioneers of pioncers, Julien Dubuque and Louis Honore Tesson, natives of Canada, who obtain- ing "permits" looking to ownership of the soil, from the Spanish Governor of Upper Louisiana, settled respectively within the limits of Iowa. The former (Dubuque) came in 1788. His claim extend- ed along the margin of the Mississippi, 21 miles in length, by 9 in depth, and was intended to embrace all the lead mines in that vicin- ity. He was successful in the object of his pursuit; sunk numerous shafts, discovered valuable lodes and manufactured, for that day, large quantitiesof lead. He was held in high esteem by all with whom he came in contact, especially the merchants and traders of St. Louis, Mo. He obtained a wonderful ascendency over the na- tives which was augmented by a matrimonial alliance with an Indi- an lady of high rank, familiarly called, in our homely vernacular, "a Musquakee squaw." As indicative of the high estimation in which Dubuque was held by his associates, white and red, they bestowed upon him the title of "The Little Knight" [Le Petit Chevalier]. He made an interesting and valuable report of his progress to Gen. Z. M. Pike, upon the occasion of the explorations of the Upper Miss- issippi made in 1835, by that officer.
Dubuque died in 1810, and was buried with distinguished honor upon the high bluff near the present beautiful and prosperous city of Dubuque, called like the county, in honor of him.
Soon after the death of Dubuque, Col. John Smith "T"of Missouri, a gentleman of remarkable enterprise and bravery came from St. Louis in a keel-boat with sixty men to prosecute the business of mining and smelting. He, with others, had purchased an interest in the Dubu- que claim when it like Tesson's was sold at St. Louis. All fowa then constituted a part of St. Louis county, Mo. The Musquakee's (Foxes) however, formed under the Chief Piamosky, in front of their village in hostile array, and successfully resisted the landing of Col. Smith and bis men at Dubuque.
Louis Honore Tesson located at the head of the lower Rapids, (now Lee Co. Ia.,) March 30th, 1799, ostensibly to trade with the Indians; but he also cultivated a piece of ground, and planted an orchard on it. These apple trees were unquestionably the first ever raised in Iowa. They were the growth of seedlings transported
15
SEMI-CENTENNIAL OF IOWA.
from St. Charles, Mo., in Mackinaw boats, propelled by the muscular power of the French boatman of that day.
More fortunate than the representatives of Dubuque's claim, the assignees of Tesson, (heirs of Thomas F. Reddick), triumphed in the Supreme Court of the United States, in pursuance of whose decision they obtained a patent signed by President Van Buren, for 640 acres of land, covering the original claim of Tesson. This is the oldest le- gal title to land within our State. It was in the litigation proceeding this celebrated case, so ably contested in all the courts, that our gifted fellow townsman, the lamented Henry W. Starr, won "green laurels". In the person of Francis S. Key, author of the "Star Spangled Banner", Jackson's Attorney General, and brother-in-law of Chief Justice Taney, of the Supreme Court of the United States, (before whom the case was tried), Starr had an antagonist worthy of his steel, and seldom was ever forensic triumph greater than that achieved by Starr over Mr. Key.
In the spring of 1831, the Sac Chief Makataimeshekiakiak, (Black Sparrow Hawk) not appeased with the blood he had aided to shed at Tippecanoe, River Rasin, Lower Sandusky, Fort Madison, and many other places, determined to renew on the Illinois frontier, the scenes of his early life. Like Pontiac, Bryant and Tecumseh, Black Hawk was noted for his undying hatred of our countrymen.
Notwithstanding the Sac and Fox nation in 1804, 1816, and 1825, by treaty, had ceded the title to all their lands in Illinois, receiving therefor regular annual payments, and that such lands including their old village in Rock Island county, had been surveyed and many tracts sold to settlers as far back as 1829, Black Hawk and his band came in 1831 to repossess themselves of the country thus sold, they destroyed the crops of the settlers, maltreated and menaced them with death in a manner so outrageous as to compel the Governor of the State (Reynolds) to call for volunteers to expell the Indians.
In the mean time Gen. Gaines of our regular army with five com- panies of Infantry arrived at Rock Island. He notified Black Hawk and the "British band," so called, to meet him in council at the Agency. On the day appointed, a large body of Indians came and entered the Council Chamber, a log building half a mile from the Fort, dressed in war costume, armed with bows, arrows and war clubs; it was noticed too that their bows were all bent and ready for use. Gen. Gaines opened the Council in a mild and fatherly manner, asking the In- dians to return to their own lands on the Iowa side. Col. Davenport, Capt. May, and many others present represent the scene as one of transcendent excitement. The interpreter said to Black Hawk; "your father invites you to take a seat", pointing to a chair or bench, to which Black Hawk replied: "My father", with a negative shaking of his head, "The sun is my father, the earth is my mother, and on her bosom will I repose." General Gaines drew attention to the treaties by which they had sold the country to General Harrison in 1804, and to the signatures of the Chiefs and braves, affixed thereto, Black Hawk rejoined: "The treaties are lies, it is a lie that our Chiefs and
16
SEMI-CENTENNIAL OF IOWA.
head men signed those Treaties and you are a liar". The good genius of Antone Le Claire, a man of peace, caused him not to inter- pret the offensive language, but mollify and greatly soften Black Hawk's reply. This fact, and the timely arrival of a detachment of troops sent for at the earnest suggestion of George Davenport, Esq., who saw the danger, prevented, it is believed, a rencountre, which would in all probability have resulted in the killing of Gen: Gaines and his staff who were without arms. It was thought that Black Hawk sought to provoke the American General to assault him, when he intended to commit a deed of assassination, such as the Modoc Chief, (Captain Jack) inflicted upon the unfortunate Gen. Canby a few years since. Among other braggadocia speeches, Black Hawk boasted, that one Sac could whip three regular white soldiers etc.
On the arrival however a few days thereafter of some seven hundred Illinois volunteers under General Joseph Duncan, the hos- tile Sacs fled west of the river. Anxious to save these misguided In- dians from the fate which inevitably awaited them, Edmund Pen- dleton Gaines, as humane as he was fearless, concluded another treaty with them. He gave them some ten thousand bushels of corn and $5,000 worth of goods such as they needed. This treaty was negoti- ated June 30th 1831, and signed by Gen. E. P. Gaines, U. S. A., and John Reynolds, Gov. of Illinois, by Black Hawk and 27 Chiefs and warriors of the Sac and Fox tribes; it furnishing the second in- stance in which Black Hawk had affixed, with his own hands, his sig- nature to the Treaties.
April 1832 in contravention of all the solemn treaties before enu- merated, the "British Band" led by Black Hawk and his Prophet, (who assured the Indians that the bullets of white men could not harm them) and constituting a large portion of the confederate tribe of Sacs and Foxes crossed the Mississippi, again invaded Illinoisand commenced war upon her citizens, sparing neither age, sex nor condition. For many months they successfully resisted in battle, or eluded by retreat the troops sent against them. But on the 2d of August, 1832, at Bad Axe, in Wisconsin, they were finally beaten and their leaders soon after captured in attempting flight to Canada.
The treaty by which the county became ours was concluded at Rock Island, Sep. 21st 1832, and ratified February 13, 1833, but by some cruel and inexplicable order of government, the rich lands, sal- ubrious clime, town sites water power, and valuable lead mines re- mained forbidden fruit until the first day of June, 1833. At that date, ever glorious day, the officers and regular soldiers, who for many long months had driven back the pioneers, pulled down and burned their cabins, were withdrawn, and the first permanent settle- ment commenced in Iowa.
I may mention as an historic truth, the gentlemanly and humane treatment extended by Jefferson Davis, late of the Confederacy to the van-guards of Americans who first settled at Dubuque. Davis was a 2nd Lieutenant in the regular army and sent from Prairie Du Chien by General, afterwards President Taylor, to drive off the settlers. He
17
SEMI-CENTENNIAL OF IOWA.
left his men on the opposite side of the river (at Jordon's Ferry,) East Dubuque, and in person visited our people in their humble cabins. He persuaded them to withdraw until the first of June east of the Mis- sissippi; but wholly unlike the Lieutenant Gardner, sent here (to Flint Hills), he burnt not their humble huts, nor committed any act of de- struction upon their mining or other property, but treated all with characteristic civility and kindness.
The city of Burlington, and Des Moines county occupy portions of the so-called "Black Hawk purchase", a slip of land extending north from the state of Mo., along the margin of the Mississippi some two hundred miles in length, by an average width of forty miles. This cession of territory was a resulting consequence of war between us and the Indians, and as the treaty expresses, a part of the penalty they were required to pay for having brought on the war.
Rome was founded by two brothers, Romulus and Remus. But Burlington, destined to eclipse and cast that renowned old city into the shade, was founded by a triumvirate of brothers-in-law. Morton M. McCarver, Amasa Doolittle and Simpson White.
These three worthy pioneers attended the treaty at Rock Island and left as soon as it was signed to possess themselves of the land called "Flint Hills," always regarded as an eligible town site. First upon the ground they secured the "Settlers claim or right of prefer- ence to the site of Burlington in September 1832.
Such claim or right though destitute of legal authority was gener- ally held sacred by a majority of the pioneers provided the claimant, complied with the rules and regulations adopted for mntual protect- tion.
Twice expelled and their rude cabins destroyed, they returned again, and again, as soon as the troops would leave for the garrison at Rock Island.
Here, in 1834, with an old rickety compass and a rope used as a surveyor's chain, Dr. Wm. R. Ross, for the proprietors, surveyed a small piece of land into streets and lots for the purpose of laying off the town and Congress sanctioned the survey. It was named Burling- ton in honor of Burlington, Vermont, at the earnest imploration of John B. Gray, Esq., a native of the Green Mountain State. Gray in this act illustrates the sentiment so forcibly expressed by Walter Scott-
"Lives there a man with soul so dead, Who never to himself hath said, "This is my own, my native land."
Having been for nearly two years without any law or much gospel, the 28th of June, 1834, Congress attached the "Blackhawk purchase" to Michigan. On the 6th day of September in the same year the ter- ritorial legislature, sitting at Detroit, created the counties of Des Moines, and Dubuque dividing them by a line running due west from the southern extreme of Rock Island, to the Missouri river. The vil- lage of Dubuque is named in the law as the seat of justice for that
18
SEMI-CENTENNIAL OF IOWA.
county. But Burlington was not thuis honored, except by her orig- inal cognomen of "Flint Hills", neither her name nor fame, now world-wide, had then reached Detroit. A copy of this law I now hold in my hand. It, with the commissions for himself and the other of- ficers, was sent by the Governor of Michigan, enclosed in oil cloth and directed to Macomb, Mc Donough Co., Ills., whence Dr. Ross obtained the package.
This law enacts that the "said county (Des Moines) shall consti- tute a township, to be called 'Flint Hill.' The seat of justice of said county shall be at such place therein as shall be designated by the county court." Our gratitude is due, therefore, to our three worthy county judges-William Morgan, Young L. Hughes and Henry Walker, for having located the seat of justice at Burlington.
To effect an organization ab initio the clerk of the court (Dr Ross) administered the oath of office to the chief justice of the court (Wm. Morgan,) who after having been himself sworn in proceeded to ad- minister the oath of office to the said clerk (Ross) and to his two as- sociates of the county court, according to law.
Thus it will be seen that the venerable gentleman now present (Dr. Ross) was the first person who ever administered an oath in this county.
All the officers required under the Michigan code were appointed by the acting governor, the youthful but gifted and brave Stevens Thompson Mason, who so greatly distinguished himself in the mem- orable boundary conflict between Michigan and Ohio, and who was soon thereafter succeeded by John S. Horner, who modestly boasted that he was Governor of one state and two Territories.
Dr. William R. Ross, first clerk, first postmaster and first surveyor, says: "In the month of April, 1835, "the first court in Southern Iowa was held in my log cabin on the bluff immediately east of the north public square (where the family of the late Mr. Ritchie resides). [The presiding judges have been named]. The resident lawyers were W. W. Chapman, Robert Williams, Isaac Leffler, Joseph B. Teas and an elderly man from Canton, Ill. - name not recollected, but vulgar- ly called 'Horse Head.' The visiting lawyers were Mr. Little and James W. Woods, familiarly known as 'Old Timber,' both from Han- cock county, Ill. As none of the lawyers possessed a library at the time, the only books of reference were a few that I had purchased for my own use, such as Bacon's law Dictionary, Blackstone's Commen- taries and Phillips' evidence. "Solomon Perkins was the first sher- iff, and James Cameron succeeded him."
Though not mentioned by Dr. Ross, an episode somewhat out of the usual order of things occurred at this term. It was a fight in open court between John Toops and Richmond Chancy, they pitch- ing into each other after the most approved backwoods style. Toops being clearly the aggressor was fined five dollars and imprisoned, Chief Justice Morgan ordering the sheriff to barricade the door of the cabin used as a jail, securely with rails, and to retain the said Toops therein until the further order of this court.
19
SEMI-CENTENNIAL OF IOWA.
At a subsequent term during the trial of Dunwiddie for murder, a lawyer from Illinois of the first respectability, Cyrus S. Walker, not- ed for extraordinary talents-especially in criminal cases-believing that the stomach is a good medium through which to reach the heart, took the friendly liberty, while the jurymen were in the box sitting in the judgment upon his client's life, to treat them to apples, with which he had filled his pockets,-a rare treat in those days. Admon- ished of the impropriety of the act, he gracefully apologized to the court, remarking that he was very fond of apples himself and always felt like dividing the good things of this world with his friends. He won the case."
In October, 1835, Des Moines cast her maiden vote. Ft. Madison, Farmington, Mt. Pleasant, and Muscatine, (then Bloomington)' be- ing among its precincts. This was the last election ever held in the name or under the laws of the Territory of Michigan. The peninsula having determined to force its way into the union as a state, abandoned, or rather passed over, the territorial organization to the six counties lying west of Lake Michigan: Milwaukee, Brown, Craw- ford, Iowa, Dubuque and Des Moines.
The candidates for congressional honors at this election, were George Wallace Jones, (the chosen of the people), James Duane Doty and Morgan Lewis Martin. The two last named gentlemen were residents of Green Bay, Brown county, Wis., and though de- feated in 1835, were both afterwards elected to Congress. General Jones who triumphed over them lived at Sinsinnewa Mound; six miles east of Dubuque, in Grant county, Wis. , and he will excuse me for saying in his presence that if a "workman is known by his chips", he proved an able and most successful representative. At the same time (Oct. 1835) Major Jeremiah Smith, Jr., and Joseph B. Teas, Esq., were elect- ed to the legislature from this county, expecting to attend its session at Detroit. A proclamation, however, was subsequently issued by the acting governor, J. S. Horner, convening the legislature at Green Bay, Wis., the ninth of January, 1836, The midwinter journey through a country inhabited principally by Indians, with a whole- some dread of losing his scalp, prevented the governor (a recent im- portation from one of the older states) it is believed, from meeting his own appointment.
Very different, however, was the conduct of the pioneer members, including Messrs. Smith and Teas. They braved the elements, and the savages, and were on hand and made themselves heard in an eloquent memorial in which the legislature said: "Thrown off by Michigan in the formation of her new state, without an acting governor to en- force the fragments of the laws under which we live, without a com- petent civil jurisdiction to give security to our lives and property, we ask the intervention of the national aid to give us a new and efficient political existence."
April 20th, 1836, congress responded to the above appeal by the act organizing the territory of Wisconsin, to take effect the fourth day of July, I836.
20
SEMI-CENTENNIAL OF IOWA.
Henry Dodge and John S. Horner were respectively appointed governor and secretary, and General Jones (now with us), was re- warded with a re-election, receiving over his respectable competitor, Moses Meeker, Esq., more than three fourths of the votes of the people, thus making him Michigan's last, and Wisconsin's first dele- gate; and he was afterwards chosen one of Iowa's first senators.
Charles Dunn was appointed chief justice; William C. Frazier and David Irwin associate justices. All Iowa then constituted but one judicial district and Judge Irwin was assigned to it. Wm. H. Chap- man and Francis Gehon were respectively appointed U. S. District Attorney and Marshal.
Burlington, at that time, then in the third year of her existence, with a population of less, perhaps, than two hundred souls, while within the entire boundaries of the present state of Iowa, six months after that date, the census showed but 10,531 inhabitants.
July 2d, 1836, the law for laying off into streets, wharves, lots, and avenues; Burlington and five other towns in Wisconsin, was passed by congress, and on the 3d of March, 1837, the amendatory act thereto became a law, under the provisions of which George Cub- bage, W. A. Corell, and M. M. McCarver were appointed commis- sioners, and George W. Harrison of Galena, Ills., surveyor, to carry into effect the provisions of those laws. Six hundred and forty acres of land were granted for town purposes, and as surveyed, extended along our river front from old South Boundary street to North street, and west to "Old Boundary" street. This grant i as a beneficent one. It accelerated the growth of the town and se- cured a home to many a poor family.
On the roth day of October, 1836, in conformity with a proclama- tion of the governor-Henry Dodge-the first election was held un_ der the territorial government of Wisconsin.
Des Moines county was entitled to ten members, and chose Jere- miah Smith, Jr., Arthur Ingraham, and Joseph B. Teas to the coun- cil; (the upper branch of the legislature); Isaac Leffler, Thomas Blair, John Box, Geo. W. Teas, David R. Chance, Warren L. Jenkins and Eli Reynolds were elected members of the honse of representatives.
This legislature convened on the 25th day of October, 1836, at Belmont, Wis. It elected Peter Hill Engle of Dubuque Co., speaker of the House, and Henry S. Baird, of Green Bay, President of the Council. There old Des Moines gave birth to Lee, Van Buren, Henry, Louisa, and Muscatine counties, and like the mother of Gracchi, she will ever point with pride to them as her jewels. There also Burlington was made the seat of government for the time being of a region which now constitutes three states and one vast territory -Iowa, Wisconsin, Minnesota, and Dakota. The fact that Burling- ton was chosen the seat of government of this vast territory, tended greatly to attract the attention of immigrants to our city and county, and thus to increase their population and wealth. To redeem pledges voluntarily made in his zeal to serve his town and constituents, Maj-
21
SEMI-CENTENNIAL OF IOWA.
or Jeremiah Smith, Jr., whose venerable widow and many of his children are with us to-day, erected at his own expense a large building suitable for the accommodation of the two houses of the gen- eral assembly. It stood on Water street, near the former site of Dun- can & Hosford's mill, and while in the occupancy of the two houses of the Wisconsin legislature, on the night of the 13th of December, 1837, was consumed by fire. The calamity having occurred be- fore the era of water-works or of fire insurance in our city, the en- tire loss of the fine building, costing some ten thousand dollars, fell upon the public spirited citizen who had erected it.
Nov. 6th 1837 the Legislature convened at Burlington, in Wiscon- sin Territory in regular session and adjourned on the 30th day of Jan- uary, to meet again on the 11th of June 1838. Col. Isaac Leffler of this county, was chosen speaker of the House, and Arthur Inghram Esq. President of the council. Here under the parentage of Wiscon- sin were born the fourteen beautiful counties of Cedar, Linn, Benton, Clinton, Delawarc, Fayette, Jackson, Johnson, Jones, Keokuk, Scott Clayton, Slaughter, (now Washington) and Buchanan.
Monday, June 11, 1838, pursuant to adjournment, the legislature met in Burlington in special session, to make an apportionment of its members among the different counties of Wisconsin Territory. It had nearly accomplished this work when on the 25th day of June, by the slow mails of that day, the joyful news came that we were no longer under one and the same government: That 13 days anterior, (to-wit: on the 12th of June 1838), the law had passed con gress to divide Wisconsin and create a separate government for Iowa.
It was then that the "Hawkeyes" said to the "Badgers":" Gentle- men of the Legislature, with you Othello's occupation is gone;" "you may go, and not stand upon the order in which you retire". "Our heart's best wishes will ever attend grandma Michigan, and mother Wisconsin, but look out or your daughter will "eclipse her progeni- tors". [Already she has done it.] The 25th of June, 1838, witnessed the adjournment sine die of the Wisconsin Legislature. An up river steamer arriving the same day the Governor and all the Wiscon sin officials took passage upon her for their more northern homes.
June 12th 1838, congress enacted the law, dividing Wisconsin and organizing Iowa as a separate Territory to take effect July 4, 1838. Robert Lucas, our first governor, was succeeded by John Chambers and James Clarke.
Charles Mason was appointed chief justice, Joseph Williams and Thomas S. Wilson associate justices of the supreme court, and Thorn- ton Bayless Clerk.
Wm. B. Conray, James Clarke, O. H. W. Stull, Samuel J. Burr and Jesse Williams were respectively secretaries. The Attorneys, were Cyrus S. Jacobs, Van Allen, Charles Weston, John G. Deshler and Ste- phen Wicher. The Marshals, Francis Gehon, T. B. Johnson, and Gideon S. Bailey.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.