Chickasaw and Howard Counties
BY W. E. ALEXANDER.
WESTERN PUBLISHING COMPANY.
The object of this work is to place upon record in a reliable manner, and in a permanent form what ever incidents of importance may have transpired, within the limits of Howard and Chickasaw counties, since their first settlement. While the publisher does not arrogate to himself a degree of accuracy beyond criticism, he hopes to be found measureably correct, in the compilation, and arrangement, of the almost immeasurable incidents that have been swallowed up in the past, and that enter so largely into the present of the community, in whose interest this volume is written.
Without the aid and assistance of the pioneers, or their immediate descendants, and numerous notes from their carefully written, and well preserved diaries, the task would have been far more arduous and difficult. To the patriarchs of the. past, who have so favored us; as well as to the representative men of the present we tender our grateful acknowledgement. Among those we take especial pleasure in mentioning are J. H. Powers, Jos. F. Grawe, B. A, Billings, L. E. Smith, W. R. Mead and John E. Peck, whose retentive memories, and carefully preserved newspaper files and general records, have added largely to whatever of interest may be found in this volume.
The undertaking of the publisher completed, it only remains to tender to the people of Howard and Chickasaw counties in general, his obligations and acknowledgement, for the uniform kindness and courtesy extended to him and his representatives and agents, during the preparation of these annals, as well as for their liberal patronage, without which this history would have been left buried beneath the debris of time, unwritten and unprepared.
W. E. ALEXANDER.
HISTORY OF IOWA.
DISCOVERY AND OCCUPATION.
The name Iowa is said to signify "The Beautiful Land," and was applied to this magnificent and fruitful region by its ancient owners, to express their appreciation of its superiority of climate, soil and location. Prior to 1803, the Mississippi River was the extreme western boundary of the United States. All the great Empire lying west of the "Father of Waters," from the Gulf of Mexico on the south, to British America on the north, and west-ward to the Pacific Ocean, was a Spanish province. A brief historical sketch of the discovery and occupation of this great empire by the Spanish and French governments will be a fitting introduction to the young and thriving state of Iowa, which, until the commencement of the present century, was a part of the Spanish possessions in America.
Early in the spring of 1542, Ferdinand DeSoto discovered the mouth of the Mississippi River at the mouth of the Washita. After the sudden death of DeSoto, in May, of the same year, his followers built a small vessel, and in July, 1543, descended the great river to the Gulf of Mexico.
In accordance with the usage of nations, under which title to the soil was claimed by right of discovery, Spain, having conquered Florida and discovered the Mississippi, claimed all the territory bordering on that river and the Gulf of Mexico. But it was also held by the European nations that, discovery gave title, that title must be perfected by actual possession and occupation. Although Spain claimed the territory by right of first discovery, she made no effort to occupy it ; by no permanent settlement had she perfected and held her title, and therefore had forfeited it when, at a later period, the Lower Mississippi Valley was re-discovered and occupied by France.
The labors of the zealous French Jesuits of Canada in penetrating the unknown rigion of the West, commencing in 1611, form a history of no ordinary interest, but have no particular connection with the scope of the present work, until in the fall of 1665. Pierre Claude Allouez, who had entered Lake Superior in September and sailed along the southern coast in- search of copper, had arrived at the great village of the Chippewas at Chegoincegon. Here a grand council of some ten or twelve of the principal Indian nations was held. The Pottawatomies of Lake Michigan, and Sacs and Foxes of the West, the Hurons from the North, the Illinois from the South, and the Sioux from the land of prairie and wild rice, were all assembled there. The Illinois told the story of their ancient glory, and about the noble river on the banks of which they dwelt. The Sioux also told their white brother of the same great river, and Allouez promised to the assembled tribes the protection of the French nation against all their enemies, native or foreign.
The purpose of discovering the great river about which the Indian nations had given such glowing accounts, appears to have originated with Marquette, in 1669. In the year previous, he and Claude Dablon had established the Mission of St. Mary's, the oldest white settlement within the present limits of the state of Michigan. Marquette was delayed in the execution of his great under-taking, and spent the interval in studying the language and habits of the Illinois Indians, among whom he expected to travel.
About this time the French government had determined to ex-tend the Dominion of France to the extreme western borders of Canada. Nicholas Perrott was sent as the agent of the government to propose a grand council of the Indian nation, at St. Mary's.
When Perrot reached Green Bay, he extended the invitation far and near ; and, escorted by Pottawatomies, repaired on a mission of peace and friendship to the Miamis, who occupied the region about the present location of Chicago.
In May, 1671, a great council of Indians gathered at the Falls of St. Mary, from all parts of the northwest, from the head waters of the St. Lawrence, from the valley of the Mississippi and from the Red River of the North. Perrot met with them, and after grave consultation, formally announced to the assembled nations that their good French Father felt an abiding interest in their welfare, and had placed them all under the powerful protection of the French Government.
Marquette, during that same year had gathered at Point St. Ignace the remnants of one branch of the Hurons. This station, for a long series of years, was considered the key to the unknown West.
The time was now auspicious for the consummation of Marquette's grand project. The successful termination of Perrott's mission, and the general friendliness of the native tribes, rendered the contemplated expedition much less perilous. But it was not until 1673 that the intrepid and enthusiastic priest was finally ready to depart on his daring and perilous journey to lands never trod by white men. Having implored the blessing of God upon his undertaking, on the 13th day of May, 1673, with Joliet and five Canadian-French voyageurs, or boatmen, he left the mission on his daring journey. Ascending Green Bay and Fox River, these bold and enthusiastic pioneers of religion and discovery proceeded until they reached a Miami and Kickapoo village, where
Marquette was delighted to find a "beautiful cross planted in the middle of the town, ornamented with white skins, red girdles and bows and arrows, which these good people had offered to the Great Manitou, or God, to thank Him for the pity He had bestowed on them during the winter, in having given them abundant chase." This was the extreme point beyond which the explorations of the French missionaries had not then extended. He called together the principal men of the village, and informed them that his companion, Joliet, had been sent by the French Governor of Canada to discover new countries, to be added to the dominion of France ; but that he, himself, had been sent by the Most High God, to carry the glorious religion of the Cross ; and assured his wondering hearers that on this mission he had no fear of death, to which he knew he would be exposed on his perilous journey.
Obtaining the services of two Miami guides, to conduct his little band to the Wisconsin River, he left the hospitable Indians on the 10th of June. Conducting them across the portage, their Indian guides returned to their village, and the little party descended the Wisconsin, to the great river which had so long been so anxiously looked for, and boldly floated down its unknown waters.
On the 25th of June, the explorers discovered indications of Indians on the west bank of the river, and landed a little above the mouth of the river now known as Des Moines, and for the first time European trod the soil of Iowa. Leaving the Canadians to guard the canoe, Marquette and Joliet boldly followed the trail in-to the interior for fourteen miles (some authorities say six), to an Indian village situated on the banks of a river, and discovered two other villages, on the rising ground about a half a league distant. Their visit, while it created much astonishment, did not seem to be entirely unexpected, for there was a tradition or prophecy among the Indians that white visitors were to come to them. They were, therefore, received with great respect and hospitality, and were cordially tendered the calumet or pipe of peace. They were informed that this band was a part of the Illini nation, and that their village was called Monin-gou-ma or Moingona, which was the name of the river on it stood. This from its similarity of sound, Marquette corrupted into Des Moines (Monk's River) its present name.
Here the voyagers remained six days, learning much of the manners and customs of their new friends. The new religion they boldly preached, and the authority of the King of France they proclaimed were received without hostility or remonstrance by their savage entertainers. On their departure, they were accompanied to their canoes by the chiefs and hundreds of warriors. Marquette received from them the sacred calumet, the emblem of peace and safeguard among the nations, and re-embarked for the. rest of their journey.
In 1682, LaSalle descended the Mississippi to the Gulf of Mexico, and in the name of the King of France took formal possession of all the immense region watered by the great river and its tributaries from its source to its mouth, and named it Louisiana, in honor of his master, Louis XIV. At the close of the seventeenth century, France claimed, by right of discovery and occupancy, the whole valley of the Mississippi and its tributaries, including Texas, as far as the Rio del Norte.
In 1719, Phillipe Francis Renault arrived in Illinois with two hundred miners and artisans. The war between France and Spain at this time rendered it extremely probable that the Mississippi Valley might become the theater of Spanish hostilities against the French settlements ; to prevent this, as well as to extend French claims, a chain of forts was begun, to keep open the connection between the mouth and the source of the Mississippi. Fort Orleans. high up the Missouri River, was built as an outpost in 1720.
The Mississippi scheme was at the zenith of its power and glory in January, 1720, but the gigantic bubble collapsed more suddenly than it had been inflated, and the company was declared hopelessly bankrupt in May following. France was impoverished by it, both private and public credit was overthrown, capitalists suddenly found themselves paupers, and labor was left without employment. The effect on the colony of Louisiana was very disastrous.
While this was going on in Lower Louisiana the region about the lakes was the theater of Indian hostilities, rendering the passage from Canada to Louisiana extremely dangerous for many years. The English had not only extended their Indian trade in-to the vicinity of the French settlement, but through their friends, the Iroquois, had gained a marked ascendancy over the Foxes, a fierce and powerful tribe, of Iroquois descent, whom they incited to hostilities against the French. The Foxes began their hostilities with the siege of Detroit, in 1712, a siege which continued for nineteen consecutive days, and although the expedition re, suited in diminishing their numbers and humbling their pride, yet it was not until after several successive campaigns, embodying the best military resources of New France, had been directed against them, that they were finally defeated at the great battles of Butte des Morts, and on the Wisconsin river, and driven west in 1746.
The Company, having found that the cost of defending Louisiana exceeded the returns from its commerce, solicited leave to surrender the Mississippi wilderness to the home government. Accordingly, on the 10th of April, 1732, the jurisdiction and control over the commerce reverted to the crown of France. The Company had held possession of Louisiana fourteen years. In 1725, Bienville returned to assume command for the King,
A glance at a few of the old French settlement will show the progress made in portions of Louisiana during the early part of the eighteenth century. As early as 1705, traders and hunters had penetrated the fertile regions of the Wabash, and from this region at that early date, fifteen thousand hides and skins had been collected and sent to Mobile for the European market.
In the year 1716, the French population on the Wabash kept up a lucrative commerce with Mobile by means of traders and voyageurs. The Ohio river was comparatively unknown.
In 1746, agriculture on the Wabash had attained to greater prosperity than in any of the French settlements besides, and in that year six hundred barrels of flour were manufactured and shipped to New Orleans, together with considerable quantities of hay, peltry, tallow and beeswax.
In the Illinois country, also, considerable settlement had been made, so that, in 1730, they embraced one hundred and forty French families, about six hundred "converted Indians," and many traders and voyageurs.
In 1753, the first actual conflict arose between Louisiana and the Atlantic colonies. From the earliest advent of the Jesuit fathers, up to the period of which we speak, the great ambition of the French had been, not alone to preserve their possessions in the West, but by every possible means to prevent the slightest attempt of the English, east of the mountains, to extend their settlement towards the Mississippi. France was resolved on retaining possession of the great territory which her missionaries had discovered and revealed to the world. French commandants had avowed their intention of seizing every Englishman within the Ohio Valley.
The colonies of Pennsylvania, New York and Virginia were most affected by the encroachments of France in the extension of her dominion ; and particularly in the great scheme of uniting Canada with Louisiana. To carry out this purpose the French had taken possession of a tract of country claimed by Virginia, and had commenced a line of forts extending from the lakes to the Ohio River. Virginia was not only alive to her own interests, but attentive to the vast importance of an immediate and effectual resistance on the part of all the English colonies to the actual and contemplated enrochments of the French.
In 1753, Governor Dinwiddie of Virginia, sent George Washing-ton, then a young man, just twenty-one, to demand of the French commandant "a reason for invading British Dominions while a solid peace subsisted." Washington met the French commandant Gardeur de St. Pierre, on the headwaters of the Alleghany, and having communicated to him the object of his journey, received the insolent answer that the French would not discuss the matter of right, but would make prisoners of every Englishman found trading on the Ohio and its waters. The country, he said, belonged to the French, by virtue of the discoveries of LaSalle, and they would not withdraw from it.
In January, 1754, Washington returned to Virginia, and made his report to the Governor and Council. Forces were at once raised, and Washington as Lieutenant Colonel, was dispatched at the head of a hundred and fifty men, to the Forks of the Ohio, with orders to "finish the fort already begun there by the Ohio company, and to make prisoners, kill or destroy all who interrupted the English settlements."
On his march through the forests of Western Pennsylvania, Washington, through the aid of friendly Indians, discovered the French concealed among the rocks, and as they ran to seize their arms, ordered his men to fire upon them, at the same time, with his own musket, setting the example. An action lasting about a quarter of an hour ensued; ten of the Frenchmen were killed, among them Jumonville, the commander of the party, and twenty one were made prisoners. The dead were scalped by the Indians, and the chief, bearing a tomahawk and a scalp, visited all the tribes of the Miamis, urging them to join the Six Nations and the English against the French. The French, however, were soon re-enforced and Col. Washington was compelled to return to Fort Necessity. Here, on the 3d day of July, DeVilliers invested the fort with 600 French troops and 100 Indians. On the 4th, Washing-ton accepted terms of capitulation and the French garrison with-drew from the valley of the Ohio.
This attack of Washington upon Jumonville aroused the indignation of France, and war was formerly declared in May, 1756, and the "French and Indian war" devastated the colonies for several years. Montreal, Detroit, and all Canada were surrendered to the English, and on the 10th of February, 1763, by the treaty of Paris-which had been signed, though not formerly ratified by the respective governments, on the third of November, 1762-France relinquished to Great Britain all that portion of the province of Louisiana lying on the east side of the Mississippi, except the Island and town of New Orleans. On the same day that the treaty of Paris was signed, France, by a secret treaty, ceded to Spain all her possessions ox the west side of the Mississippi, including the whole country to the headwaters of the Great River, and west to the Rocky Mountains, and the jurisdiction of France in America, which had lasted nearly a century, was ended.
At the close of the Revolutionary war, by the treaty of peace between Great Britain and the United States, the English government ceded to the latter all the territory on the east side of the Mississippi River, and north of the thirty-first parallel of north latitude. At the same time Great Britain ceded to Spain all the Floridas, comprising all the territory east of the Mississippi and south of the southern limits of the United States.
At this time, therefore, the present State of Iowa was a part of the Spanish possessions in North America, as all the territory west of the Mississippi River was under the dominion of Spain. That government also possessed all the territory of the Floridas east of the great river and south of the thirty-first parallel of north latitude. The Mississippi, therefore, so essential to the prosperity of the western portion of the United States, for the last three hundred miles of its course flowed. wholly within the Spanish dominions, and that government claimed the exclusive right to use and control it below the southern boundary of the United States.
The free navigation of the Mississippi was a very important question during all the time that Louisiana remained a dependency of the Spanish Crown, and as the final settlement intimately affected the status of the then future state of Iowa, it will be interesting to trace its progress.
The people of the United States occupied and exercised jurisdiction over the entire eastern valley of the Mississippi, embracing all the country drained by its eastern tributaries ; they had a natural right, according to the accepted international law, to follow these rivers to the sea, and to the use of the Mississippi River accordingly, as the great natural channel of commerce. The river was not only necessary but absolutely indispensible to the prosperity and growth of the western settlement then rapidly rising into commercial and political importance. They were situated in the heart of the great valley, and with wonderful expansive energies and ac-cumulating resources, it was very evident that no power on earth could deprive them of the free use of the river below them, only while their numbers were insufficient to enable them to maintain their rights by force. Inevitably, therefore, immediately after the ratification of the treaty in 1785, the western people began to demand the free navigation of the Mississippi-not as a favor, but as a right. In 1786 both banks of the river, below the Ohio, were occupied by Spain, and military posts on the east bank enforced her power to exact heavy duties on all imports by way of the river for the Ohio region. Every boat descending the river was forced to land and submit to the arbitrary revenue exactions of Spanish authorities. Under the administration of Governor Miro, these rigorous exactions were somewhat relaxed from 1787 to 1790; but Spain held it as her right to make them. Taking advantage of the claim of the American people, that the Mississippi should be opened to them, in 1791, the Spanish Government concocted a scheme for the dismembership of the Union. The plan was to induce the Western people to separate from the Eastern States by liberal land grants and extraordinary commercial privileges.
Spanish emissaries, among the people of Ohio and Kentucky, informed them that the Spanish Government would grant them favorable commercial privileges, provided they would secede from the Federal Government east of the mountains. The Spanish
Minister to the United States plainly declared to his confidential correspondent that, unless the Western people would declare their independence and refuse to remain in the Union, Spain was determined never to grant the free navigation of the Mississippi.
By the treaty of Madrid, October 20, 1795, however, Spain formally stipulated that the Mississippi River, from its source to the Gulf for its entire width, should be free to American trade and commerce and that the people of the United States should be permitted for three years to use the port of New Orleans as a port of deposit of their merchandise and produce, duty free.
In November, 1810, the United States Government received, through Rufus King, its Minister at the Court of St. James, a copy copy of the treaty between Spain and France, signed at Madrid, March 21, 1801, by which the cession of Louisiana to France made the previous autumn, was confirmed.
The change offered a favorable opportunity to secure the just rights of the United States, in relaton to the free navigation of the Mississippi, and ended the attempt to dismember the Union by an effort to secure an indendent government west of the Alleghany Mountains. On 7th day of January, 1803, the American House of Representatives adopted a resolution declaring their "unalterable petermination to maintain the boundaries and the rights of navigation and commerce through the River Mississippi, as established by existing treaties."
In the same month President Jefferson nominated and the Senate confirmed Robert R. Livingston and James Monroe as Envoys Plenipotentiary to the Court of France, and Charles Pinckney. and Jamas Monroe to the Court of Spain, with plenty of power to negotiate treaties to effect to object the enunciated by the popular branch of the National Legislature. These envoys were instructed to secure, if possible, the cession of Florida and New Orleaans to the United States, but it does not appear that Mr. Jefferson had any idea of purchasing that part of Louisiana lying on the west side of the Mississippi. In fact, on the 2d of March following the instructions were sent to our Ministers, containing a plan which expressly left to France "all her territory on the west side of the Mississippi." Had these instructions been followed, it might have been that there would not have been any State of Iowa or any other member of the glorious Union of States west of the Father of Waters.
In obedience to his instructions, however, Mr. Livingston broached this plan to M. Talleyrand, Napoleon's Prime Minister, when that courtly diplomatist quietly suggested to the American Minister that France might be willing to cede the whole French dominion in North America to the United States, and asked how much the Federal Government would be willing to give for it. Livingston intimated that twenty million francs might be a fair price. Talleynand thought that not enough, but asked the American to "think of it." A few days later; Napoleon, in an interview with Mr. Livingston, in effect informed the American Envoy that he had secured Louisiana in a contract with Spain for the purpose of turning it over to the United States for a mere nominal sum. He had been compelled to provide for the safety of that province by the treaty, and he was anxious to give the United States a magnificent bargain for a mere trifle. The price proposed was one hundred and twenty-five million francs. This was subsequently modified to fifteen million dollars, and on this basis a treaty was negotiated, and was signed on tha 30th day of April, 1803.
This treaty was ratified by the Federal Government, and by ac-of Congress, approved October 31, 1803, the President of the United States was authorized to take possession of the territory and provide for a temporary government. Accordingly, on the 20th day of September following, on behalf of the President, Governor Clairborne and Gen. Wilkinson took possession of the Louisiana purchase, and raised the American flag over the newly acquired domain , at New Orleans. Spain, although it had by treaty ceded the province to France in 1801, still held quasi possession and at first objected to the transfer, but withdrew her opposition early in 1804.
By this treaty, thus successfully consummated, and the peaceable withdrawal of Spain, the then infant nation of the New World extended its dominion west of the Mississippi to the Pacific ocean, and north from the Gulf of Mexico to British America.
If the original design of Jefferson's administration had been accomplished, the United States would have acquired only that portion of the French territory lying east of the Mississippi River, and while the American people would thus have acquired the free navigation of that great river, all of the vast and fertile empire on the west, so rich in its agricultural and inexhaustible mineral re-sources, would have remained under the dominion of a foreign power. To Napoleon's desire to sell the whole of his North American possessions, and Livingston's act transcending his instructions which was acquiesced in after it was done, does Iowa owe her position as a part of the United States by the Louisiana purchase.
By authority of an act of Congress, approved March 26, 1804, the newly acquired territory was, on the first day of October following divided: that part lying south of the thirty-third parallel of north latitude was called the territory of Orleans, and all north of that parallel the District of Louisiana, which was placed under the authority of the officers of Indian Territory, until July 4,1805, when it was organized with territorial government of its own, and so remained until 1812, when the Territory of Orleans became the State of Louisiana, and the name of the Territory of Louisiana was changed to Missouri. On the 4th of July, 1814, that part of the Missouri Territory comprising the present State of Arkansas, and the country to the westward was organized into the Arkansas Territory.
On, the 2d of March, 1821, the State of Missouri, being a part of the territory of that name, was admitted to the Union. June 28, 1834, the territory west of the Mississippi River and north of Missouri, was made a part of the territory of Michigan; but two years later on the 4th of July, 1836, Wisconsin Territory was erected, embracing within its limits the present States of Iowa, Wisconsin and Minnesota.
By act of Congress, approved June 12, 18S8, the
TERRITORY OF IOWA
was erected, comprising, in addition to the present State, much the larger part of Minnesota, and extending north to the boundary of the British possessions.
THE ORIGINAL OWNERS
Having traced the early history of the great empire lying west of the Mississippi, of which the State of Iowa constitutes a part from the earliest discovery to the organization of the Territory of Iowa, it becomes necessary to give some history of the Indians of Iowa.
According to the policy of the European nations, possession perfected title to any territory. We have seen that the country west of the Mississippi was first discovered by the Spaniards, but afterwards, was visited and occupied by the French. It was ceded by France to Spain, and by Spain back to France again, and then was purchased and occupied by the United States. During all that time, it does not appear to have entered into the heads or hearts of the high contracting parties that the country they bought, sold and gave away was in the possession of a race of men, who, al-though savage, owned the vast domain before Columbus first crossed the Atlantic. Having purchased the territory the United States found it still in possession of its original owners, who had never been dispossesed; and it became necessary to purchase again what had already been bought before, or forcibly eject the occupants; therefore, the history of the Indian nations who occupied Iowa prior to and during its early settlement by the whites, be-comes an important chapter in the history of the State, that can-not .be omitted.
For more than one hundred years after Marquette and Joliet trod the virgin soil of Iowa, not a single settlement had been made or attempted; not even a trading post had been established. The whole country remained in the undisputed possession of the native tribes, who roamed at will over her beautiful and fertile prairies, hunted in her woods, fished in her streams, and often poured out their life-blood in obstinately contested contests for supremacy. That this State so aptly styled "The Beautiful Land," had been the theater of numerous fierce and bloody struggles between rival nations, for possessions of the favored region, long before its settlement by civilized man, there is no room for doubt. In these savage wars, the weaker party whether aggressive or defensive, was either exterminated or driven from their ancient hunting grounds.
In 1673, when Marquette discovered Iowa, the Illini were a very powerful people, occupying a large portion of the State, but when the country was again visited by the whites, not a remnant of that once powerful tribe remained on the west side of the Mississippi, and Iowa was principally in the possession of the Sacs and Foxes, a war-like tribe which, originally two distinct nations, residing in New York and on the waters of the St. Lawrence, had gradually fought their way westward, and united, probably, after the Foxes had been driven out of the Fox River country, in 1846, and crossed the Mississippi. The death of Pontiac, a famous Sac chieftain, was made the pretext for war against the Illini, and a fierce and bloody struggle ensued, which continued until the Illinois were nearly destroyed and their hunting grounds possessed by their victorious foes. The Iowas also occupied a portion of the State for a time, in common with the Sacs, but they, too, were nearly destroyed by the Sacs and Foxes, and, in "The Beautiful Land," these natives met their equally war-like foes, the Northern Sioux, with whom they maintained a constant warfare for the possession of the country for many years.
When the United States came in possession of the great valley of the Mississippi, by the Louisiana purchase, the Sacs and Foxes and Iowas possessed the entire territory, now comprising the State of Iowa. The Sacs and Foxes, also occupied the most of the State of Illionois.
The Sacs had four principal villages, where most of them re-sided, viz.: Their largest and most important town-if an Indian village may be called such-and from which emanated most of the obstacles and difficulties encountered by the Government in the extinguishment of Indian titles to land in this region, was on Rock River, near Rock Island; another was on the east bank of the Mississippi, near the mouth of Henderson River; the third was at the head of the Des Moines Rapids, near the present site of Montrose, and the fourth was near the mouth of the Upper Iowa.
The Foxes had three principal villages, viz.: One on the west side of the Mississippi, six miles above the rapids of Rock River; another about twelve miles from the river, in the rear of the Dubuque lead mines, and the third on Turkey River.
The Iowas, at one time identified with the Sacs, of Rock River, had withdrawn from them and become a separate tribe. Their principal village was on the Des Moines River, in Van Buren County, on the site where Iowaville now stands. Here the last great battle between the Sacs and Foxes and the lowas was fought, in which Black Hawk, then a young man, commanded one division of the attacking forces.
The Sacs had a fierce conflict with the Winnebagoes, subdued them and took possession f their lands. Their village on Rock River, at one time, contained upward of sixty lodges, and was among the largest Indian villages on the continent. In 1825, the Secretary of War estimated the entire number of the Sacs. and Foxes at 4,600 souls. Their villages was situated in the immediate vicinity of the upper rapids of the Mississippi, where the beautiful and flourishing towns of Rock Island and Davenport are now situated. The beautiful scenery of the island, the extensive prairies, dotted over with groves; the picturesque bluffs along the river banks, the rich and fertile soil, producing large crops of corn, squash and other vegetables, with little labor; the abundance of wild fruit, game, fish, and almost everything calculated to make it a delightful spot for an Indian village, which was found there, had made this place a favorite home of the Sacs, and secured for it the strong attachment and veneration of the whole nation.
North of the hunting grounds of the Sacs and Foxes, were those of the Sioux, a fierce and warlike nation, who often disputed possession with their rivals in savage and bloody warfare. The possessions of these tribes were mostly located in Minnesota, but ex-tended over a portion of Northern and Western Iowa to the Missouri River. Their descent from the north upon the hunting grounds of Iowa frequently brought them into collision with the Sacs and Foxes; and after many a conflict and bloody struggle, a boundary line was established between them by the Government of the United States, in a treaty held at Prairie du Chien in 1825. But this, instead of settling the difficulties, caused them to quarrel all the more, in consequence of alleged trespasses upon each other's side of the line. These contests were kept up and became so unrelenting that, in 1830, Government bought of the respective tribes of the Sacs and Foxes, and the Sioux, a strip of land twenty miles in width, on both sides of the line and thus throwing them forty miles a part by creating between them a "neutral ground," commanded them to cease their hostilities. Both the Sacs and Foxes and the Sioux, however, were allowed to fish and hunt on the ground unmolested, provided they did not interfere with each other on the United States territory. The Sacs and Foxes and the Sioux were deadly enemies, and neither let an opportunity to punish the other pass unimproved.
In April, 1852, a fight occurred between the Musquaka band of Sacs and Foxes and a band of Sioux, about six miles above Algona, in Kossuth County, on the west side of the Des Moines River. The Sacs and Foxes were under the leadership Ko-kowah, a subordinate chief, and had gone up from their home in Tama County, by way of Clear Lake, to what was then the "neutral ground." At Clear Lake, Ko-ko-wah was informed that a party of Sioux were encamped on the west side of the East Fork of the Des Moines, and he determined to attack them. With sixty of his warriors, he started and arrived at a point on the east side of the river, about a mile above the Sioux encampment, in the night, and concealed themselves in a grove, where they were able to discover the position and strength of their hereditary foes. The next morning, after many of the Sioux braves had left their camp on hunting tours, the vindictive Sacs and Foxes crossed the river and suddenly attacked the camp. The conflict was desperate for a short time, but the advantage was with the assailants, and the Sioux were routed. Sixteen of them, including some of their women and children, were killed, and a boy 14 years old was captured. One of the Musquakas was shot in the breast by a squaw as they were rushing into the Sioux's camp. He started to run away, when the same brave squaw shot him through the body, at a distance of forty rods, and he fell dead. Three other Sac braves were killed. But few of the Sioux escaped. The victorious party hurriedly buried their own dead, leaving the dead Sioux above ground, and made their way home, with their captive, with all possible expedition.
Very soon after the acquisition of Louisiana the United States Government adopted measures for the exploration of the new territory, having in view the concilation of the numerous tribes of Indians by whom it was possessed, and, also, the selection of proper sites for the establishment of military posts and trading stations. The Army of the West, Gen. James Wilkinson, commanding, had its headquarters at St. Louis. From this post Captains Lewis Clarke, with a sufficient force were detailed to explore the unknown sources of the Missouri and Lieut Zebulon M. Pike to ascend to the head waters of the Mississippi. Lieut. Pike, with one Sergeant, two Corporals and seventeen privates, left the military camp, near St. Louis, in a keel-boat, with four month's rations on the 9th day of August, 1805. On the 20th of the same month, the expedition arrived within the present limit of Iowa, at the foot of the Des Moines Rapids, where Pike met William Ewing, who had just been appointed Indian agent at this point, a French interpreter and four chiefs and fifteen Sac and Fox warriors.
At the head of the rapids, where Montrose is now situated, Pike held a council with the Indians, in which he addressed them substantially as follows: "Your great Father, the President of the United States, wished to be more intimately acquainted with the situation and wants of the different nations of red people in our newly acquired territory of Louisiana, and has ordered the General to send a number of his warriors in different direction to take them by the hand and such inquiries as might afford the satisfaction required." At the close of the council he presented the red men with some knives, whisky and tobacco.
Pursuing his way up the river, he arrived, on the 23d of August, at what is supposed, from his description, to be the site of the present city of Burlington, which he selected as the location of a military post. He describes the place as being "'on a hill, about forty miles above the River de Moyne Rapids, on the west side of the river, in latitude about 41 degress 21 minutes north. The channel of the river runs on that shore; the hill in front is about sixty feet perpendicular; nearly level on top; four hundred yards in the rear is a small prairie fit for gardening, and immediately under the hill is a limestone spring, sufficient for the consumption of a whole regiment." In addition to this description, which corresponds to Burlington, the spot is laid down on his map at a bend in the river a short distance below the mouth of the Henderson, which pours its waters into the Mississippi from Illinois. The fort was built at Fort Madison, but from the distance, latitude, description and map furnished by Pike, it could not have been the place selected by him while all the circumstances corroborate the opinion that the place he selected was the spot where Burlington is now located, called by the early voyagers on the Mississippi, "Flint Hills."
On the 24th with one of his men, he went 'on shore on a hunting expedition, and following a stream which they supposed to be a part of the Mississippi, they were led away from their course. Owing to the intense heat and tall grass, his two favorite dogs, which he had taken with him, became exhausted and he left them on the prairie, supposing that they would follow him as soon as they should get rested, and went on to overtake his boat. Reaching the river, he waited some time for his canine friends, but they did not come, and as he deemed it inexpedient to detain the boat longer, two of his men volunteered to go in pursuit of them, and he continued on his way up the river, expecting that the two men would soon overtake him. They lost their way, however, and for six days were without food, except a few morsels gathered from the stream and might have perished had they not accidentally met a trader from St. Louis, who induced two Indians to take them up, the river and they over took the boat at Dubuque.
At Dubuque, Pike was cordially received by Julien Dubuque, a Frenchman, who held a mining claim under a grant from Spain. Dubuque had an old field piece and fired a salute in honor of the advent of the first Americans who had visited that part of the Territory. Dubuque, however, was not disposed to publish the wealth of his mines, and the young and apparently inquisitive officer could obtain but little information from him.
After leaving this place, Pike pursued his way up the Fiver, but as he passed beyond the limits of the present State of Iowa, a detailed history of his exploration on the upper water of the Mississippi more properly belongs to the history of another State.
It is sufficient to say that on the site of Fort Snelling, Minnesota, at the mouth of the Minnesota River, Pike held a council with the Sioux, September 23, and obtained from them a grant of one hundred thousand acres of land. On the 8th of January, 1806, Pike arrived at a trading post belonging to the Northwest Company, on Lake De Sable in latitude 47°. At this time the then powerful Northwest Company carried on their immense operations from Hudson's Bay to the St. Lawrence; up the river on both sides, along the Great Lakes to the head of Lake Superior, thence to the sources of the Red River of the North, and west to the Rocky Mountains, embracing within the scope of their operations the entire Territory of Iowa. After successfully accomplishing his mission, and performing a valuable service to Iowa and the whale Northwest, Pike returned to St. Louis, arriving there on tha 30th day April, 1806.
The territory of Iowa, although it had been purchased by the United States, and was ostensibly in the possession of the Government, was still occupied by the Indians, who claimed title to the soil by right of ownership and possession. Before it could be open to settlement by the whites, it was indispensable that the Indian title should be extinguished, and the original owners re-moved. The accomplishment of this purpose required the expenditure of large sums of money and blood, and for a long series of years the frontier was disturbed by Indian wars, terminated repeatedly by treaty, only to be renewed by some act of oppression on the part of the whites or some violation of treaty stipulation,
As previously shown, at the time when the United States assumed the control of the country by virtue of the Louisiana purchase nearly the whole state was in possession of the Sacs and Foxes, a powerful and warlike nation, who were not disposed to submit without a struggle to what they considered the encroachments of the pale faces.
Among the most noted chiefs, and one whose restlessness and hatred of the Americans occasioned more trouble to the Government than any others of his tribe, was Black Hawk, who was born at the Sac village, on Rock river, in 1767. He was simply the chief of his own band of Sac warriors, but by his energy and ambition he became the leading spirit of the united nation of Sacs and Foxes, and one of the prominent figures in the history of the country from 1803 until his death. In early manhood he attained some distinction as a fighting chief, having led campaigns against the Osages and other neighboring tribes. About the beginning of the present century he began to appear prominent in affairs on the Mississippi. Some historians have added to the statement "it does not appear that he was ever a. great general, or possessed any of the qualification of a successful leader." If this was so his life was a marvel. How any man who had none of the qualification of a leader became so prominent as such, as he did, indicates either that he had some ability, or that his cotemporaries, both Indian and Anglo-Saxon, had less than he. He is said to have been the victim of a narrow prejudice and bitter ill-will against the Americans" but the impartial historian must admit that if he was the enemy of the Americans, it was certainly not without some reason.
It will be remembered that Spain did not give up possession of the country to France on its cession to the latter power, in 1801, but retained possession of it, and, by the authority of France, transferred it to the United States, in 1804. Black Hawk and his band were in St. Louis at the time, and were invited to be present and witness the ceremonies of the transfer, bit he refused the invitation, and it is but just to say that this refusal was caused probably more from regret that the Indians were to be transfered from the jurisdiction of the Spanish authorities than from any special hatred toward the Americans. In his life he says : "I found many sad and gloomy faces because the United States were about to take possession of the town and country. Soon after the Americans came, I took my band and went to take leave of our Spanish father. The Americans came to see him also. Seeing them approach, we passed out of one door as they entered another, and immediately started in our canoes for our village, on Rock River, not liking the change any more than our friends appeared to at St. Louis On arriving at our village, we gave the news that strange people had arrived at St. Louis, and that we should never see our Spanish father again. The information made all our people sorry."
On the 3d day of November, 1804, a treaty was concluded between William Henry Harrison, than Governor of Indiana Territory, on behalf of the United States, and five chiefs of the Sac and Fox nation, by which the latter, in consideration, of two thousand two hundred and thirty-four dollars' worth of goods then delivered, and a yearly annunity of one thousand dollars to be paid in goods at just cost, ceded to the United States all that land on the east side. of the Mississippi, extending from a point opposite the Jefferson, in Missouri, to the Wisconsin River, embracing an area of over fifty-one millions of acres.
To this treaty Black Hawk always objected and always refused to consider it binding upon his people. He asserted that the chiefs or braves who made it had no authority to relinquish the title of the nation to any of the lands they held or occupied; and, more-over, that they had been sent to St. Louis on quite a different errand, namely, to get one of their people released, who had been imprisoned at St. Louis for killing a white man.
The year following this treaty (1805), Lieutenant Zebiilon M. Pike came up the river for the purpose of holding friendly councils with the Indians and selecting sites for forts within the territory recently acquired from France by the United States. Lieu-tenant Pike seems to have been the first American whom Black Hawk ever met or had a personal interview with; and he was very much prepossessed in Pike's favor. He gives the following ac-count of his visit to Rock Island:
"A boat came up the river with a young American chief and a small party of soldiers. We heard of them soon after they passed Salt River. Some of our young braves watched them every day, to see what sort of people he had on board. The boat at length arrived at Rock River, and the young chief came on shore with his interpreter, and made a speech and gave us some presents. We in turn presented them with meat and such other provisions as we had to spare. We were well pleased with the young chief. He gave us good advice, and said our American father would treat us well."
The events which soon followed Pike's expedition were the erection of Fort Edwards, at what is now Warsaw, Illinois, and Fort Madison, on the site of the present town of that name, the latter being the first fort erected in Iowa. These movements occasioned great uneasiness among the Indians. When work was commenced on Fort Edwards, a delegation from their nation, headed by some of their chiefs, went down to see what the Americans were doing, and had an interview with the commander; after which they re-turned home apparently satisfied. In like manner, when Fort Madison was being erected, they sent down another delegation from a council of the nation held at Rock River. According to Black Hawk's account, the American chief told them that he was building a house for a trader who was coming to sell them goods cheap, and that the soldiers were coming to keep him company-a statement which Black Hawk says they distrusted at the time, believing that the fort was an encroachment upon their rights, and designed to aid in getting their lands away from them.
It has been held by good American authorities, that the erection of Fort Madison at the point where it was located was a violation of the treaty of 1804. By the eleventh article of the treaty, the United States had a right to build a fort near the mouth of the Wisconsin River; by article six they had bound themselves "that if any citizens of the United States or any other white persons should form a settlement upon their lands, such intruders should forthwith be removed." Probably the authorities of the United States did not regard the established of military posts as coining properly within the meaning of the term "settlement," as used in the treaty. At all events, they erected Fort Madison within the territory reserved to the Indians, who became very indignant. Not long after the fort was built, a party led by Black Hawk attempted its destruction. They sent spies to watch the movements of the garrison, who ascertained that the soldiers were in the habit of marching out of the fort every morning and evening for parade, and the plan of the party was to conceal themselves near the fort, and attack and surprise them when they were outside. On the morning of the proposed day of attack, five soldiers carne out and were fired upon by the Indians, two of them being killed. The Indians were too hasty in their movements, for the regular drill had not yet commenced. However, they kept up the attack for several days, attempting the old Fox strategy of setting fire to the fort with blazing arrows; but findinng their efforts unavailing they soon gave up and returned to Rock River.
When war was declared between the United States and Great in Britian, 1812, Black Hawk and his band allied themselves with the British, partly because he was dazzled by their specious promises, and more probably because they had been deceived by the Americans. Black Hawk himself declared that they were "forced into the war by being deceived." He narrates the. circumstance& as follows : "Several of the chiefs and head men of the Sacs and Foxes were called upon to go to Washington to see their Great Father. On their return, they related what had been said and done. They said the Great Father wished them, in the event of a war taking place with England, not to interfere on either side, but to remain neutral. He did not want our help, but wished us to hint and support our families, and live in peace. He said that British traders would not be permitted to come on the Mississippi to furnish us with goods. bnt that we should be supplied with an American trader. Our chiefs then told him that the British traders always gave them credit in the fall for guns, powder and goods, to enable us to hunt and clothe our families. He repeated that the traders at Fort Madison would have plenty of goods; that we should go there in the fall and he would supply us on credit, as the British traders had done."
Black Hawk seems to have accepted this proposition, and he and his people were very much pleased. Acting in good faith, they fitted out for their winter's hunt, and went to Fort Madison in high spirits to receive from the trader their outfit of supplies. But, after waiting some time, they were told by the trader that he would not trust them. It was in vain they pleaded the promise of their Great Father at Washington. The trader was inexorable; and, disapointed and crestfallen, they turned sadly toward their own villiage. "Few of us," says Black Hawk, "slept that night; all was gloom and discontent.. In the morning a canoe was seen ascending the river; it soon arrived, bearing an express, who brought intelligence that a British trader had landed at Rock Island, with two boats loaded with goods, and requested us to come up immediately, because he had good news for us, and a variety of presents. The express presented us with tobacco, pipes and wampum. The news ran through our camp like fire on a prairie. Our lodges were soon taken down, and all started for Rock Island. Here ended all hopes of our remaining at peace, having been forced into the war by being deceived.
He joined the British, who flattered him, styled him "General Black Hawk," decked him with medals, excited his jealousies against the Americans, and armed his band; but he met with de-feat and disappointment, and soon abandoned the service and came home. With all his skill and courage, Black Hawk was unable to lead all the Sacs and Foxes into hostilities to the United States. A portion of them, at the head of whom was Keokuk ("the Watchful Fox"), were disposed to abide by the treaty of 1804, and to cultivate friendly relations with the American people. Therefore, when Black Hawk and his band joined the fortunes of Great Britain, the rest of the nation remained neutral, and, for protection organized, with Keokuk for their chief. This divided the nation into the "War and Peace Party."
Black Hawk says he was informed, after he had gone to the war, that the nation, which had been reduced to so small a body of fighting men, were unable to defend themselves in case the Americans should attack them, and having all the old men and women and children belonging to warriors who had joined the British on their hands to provide for, a council was held, and it was agreed that Quash-qua-me (the Lance) and other chiefs, together with the old men, women and children, and such others as chose to accompany them, should go to St. Louis, and place themselves under the American chief stationed there. They accordingly went down and were received as the "friendly band" of the Sacs and Foxes, and were provided for and sent up the Missouri river. On Black Hawk's return from the British army, he says Keokuk was introduced to him as the war chief of the braves then in the village. He inquired how he had become chief, and was informed that their spies had seen a large armed force going toward Peoria, and fears were entertained of an attack upon the village; whereupon a council was held, which concluded to leave the village and cross over to the west side of the Mississippi.
Keokuk had been standing at the door of the lodge where the council was held, not being allowed to enter on account of never having killed an enemy, where he remained until Wa-co-me came out. Keokuk asked permission to speak in the council, which Wa-co-me obtained for him. Keokuk then addressed the chiefs; he remonstrated against the desertion of the village, their own homes and the graves of their fathers, and offered to defend the village. The council consented that he should be their war chief. He marshaled his braves, sent out spies, and advanced on the trail leading to Peoria, but returned without seeing the enemy. The Americans did not disturb the village, and all were satisfied with the appointment of Keokuk.
Keokuk, like Black Hawk, was a descendant of the Sac branch of the nation, and was born on Rock river, in 1780. He was of a pacific disposition, but possessed the elements of true courage, and could fight, when occasion required, with a cool judgment and heroic energy. In his first battle he encountered and killed a Sioux, which placed him in the rank of warriors; and he was honored with a public feast, by his tribe, in commemoration of the event.
Keokuk has been described as an orator, entitled to rank with the most gifted of his race. In person he was tall, and of portly bearing; in his public speeches he displayed a commanding attitude and graceful gestures; he spoke rapidly, but his enunciation was clear, distinct and forcible; he culled his figures from the stores of nature, and based his arguments on skillful logic. Unfortunately for the reputation of Keokuk as an orator, among white people, he was never able to obtain an interpreter who could claim eved a slight acquaintance with philosophy. With one exception only, his interpreters were unacquainted with the elements of their mother tongue. Of this serious hindrance to his fame, Keokuk was well aware, and retained Frank Labershure, who had receiued a rudimental education in the French and English languages, until the latter broke down by dissipation and died. But during the meridian of his career among the white people, he was compelled to submit his speeches for translation to uneducated men, whose range of thought fell below the flights of a gifted mind, and the fine imagery drawn from nature was beyond their power of re-production. He had sufficient knowledge of the English language to make him sensible of this bad rendering of his thought, and often a feeling of mortification at the bungling efforts was depicted on his countenance while speaking. The proper place to form a correct estimate of his ability as an orator was in the Indian council, where he addressed himself exclusively to those who understonnd his language, and witness the electrical effect of his eloquence upon his audience.
Keokuk seems to have possessed a more sober judgment, and to have had a more intelligent view of the great strength and re-sources of the United States, than his noted and restless cotemporary, Black Hawk. He knew from the first that the reckless war which Black Hawk and his band had determined to carry on could result in nothing but defeat and disaster, and used every argument against it. The large number of warriors whom he had dissuaded from following Black Hawk became, however, greatly excited with the war spirit after Stillman's defeat, and but for the signal tact displayed by Keokuk on that occasion, would have forced him to submit to their wishes in joining the rest of the warriors in the field. A war-dance was held, and Keokuk took part in it, seeming to be moved with the current of the rising storm. When the dance was over, he called the council to prepare for war. He made a speech, in which he admitted the justice of their complaints against the Americans. To seek redress was a noble aspiration of their nature. The blood of their brethern had been shed by the white man, and the spirits of their braves, slain in battle, called loudly for vengeance. "I am your chief," he said, "and it is my duty to lead you to battle, if, after fully considering the matter, you are determined to go. But before you decide on taking this important step, it is wise to inquire into the chances of success. He then portrayed to them the great power of the United States, against whom they would have to contend, that their chances of success was utterly hopeless. "But," said he, "if you do determine t. go upon the war-path, I will agree to lead you, on one condition, viz.: that before we go, we will kill all our old men and our wives and children, to save them from a lingering death of starvation, and that every one of us determine to leave our homes on the other side of the Mississippi."
This was a strong but truthful picture of the prospect before them, and was presented in such a forcible light. as to cool their ardor, and cause them to abandon the rash undertaking.
But, during the war of 1832, it is now considered certain that small bands of Indians, from the west side of the Mississippi, made incursions into the white settlements, in the lead mining region, and committed some murders and depredations.
When peace was declared between the United States and England, Black Hawk was required to make peace with the former, and entered into a treaty at Portage des Sioux, September 14, 1815, but did not " touch the goose-quill to it until May 13, 1816, when he smoked the pipe of peace with the great white chief," at St. Louis. This treaty was a renewal of the treaty of 1804, but Black Hawk declared he had been deceived; that he did not know that by singing the treaty he was giving away his villiage. This weighed upon his mind, already soured by previous disappointment and the irresistible encroachments of the whites; and when a few years later, he and his people were driven from their possessions by the military, he determined to return to the home of his fathers.
It is also to be remarked that in 1816, by treaty with various tribes, the United States, relinquished to the Indians all the lands lying north of a line drawn from the southermost point of Lake Michigan west to the Mississippi, except a reservation five leagues square, on the Mississippi River, supposed then to be sufficient to include all the mineral lands on an adjacent to Fever River, and one league square at the mouth of the Wisconsin River.
The immediate cause of the Indian outbreak in 1830 was the occupation of Black Hawk's villiage, on the Rock River, by the whites, during the absence of the chief and his braves on a hunting expedition, on the west side of the Mississippi. When they returned they found their wigwams occupied by white families, and their own women and children were shelterless on the banks of the river. The Indians were indignant, and determined to re-possess their villiage at all hazards, and early in the spring of 1831 recrossed the Missisiippi and menacingly took possession of their own cornfields and cabins. It may be well to remark here that it was expressly stipulated in the treaty of 1804, to which they attributed all their troubles, that the Indians should not be obliged to leave their lands until they were sold by the United States, and it does not appear that they occupied any lands other than those owned by the Government. If this was true, the Indians had good cause for indignation and complaint. But the whites, driven out in turn by the returning Indians, became so clamorous against what they termed the encroachments of the natives, that Gov. Reynolds, of Illinoise, ordered Gen. Gaines to Rock Island with a militay force to drive the Indians again from their homes to the west side of the Mississippi. Black Hawk says he did not intend to be provoked into war by anything less than the blood of some of his own people; in other words, that there would be no war unless it should be commenced by the pale faces. But it was said and probably thought by the military commanders along the frontier, that the Indians intended to unite in a general war against the whites, from Rock River to the Mexican borders, But it does not appear that the hardy frontiersmen themselves had any fears, for their experience had been that, when well treated, their Indian neighbors were not dangerous. Black Hawk and his band had done no more than to attempt to repossess the old homes of which they had been deprived in their absence. No blood had been shed. Black Hawk had his chiefs sent a flag of truce, and a new treaty was made, by which Black Hawk and has band agreed to remain for-ever on the Iowa side.
On the 6th day of April, 1832, Black Hawk, and his en-tire band, with their women and children, again recrossed the Mississippi River in plain view of the garrison of Fort Armstrong, and went up the Rock River. Although this act was construed into an act of hostility by the military authorities, who declared that Black Hawk intended to recover his village, or the site where it stood, by force; yet it does not appear that he made any such attempt, nor did his appearance create any special alarm among the settlers. They knew that the Indians never went on the war-path encumbered with the old men, their women and their children.
The Galenian, printed in Galena, of May 2, 1832, says that Black Hawk was invited by the Prophet, and had taken possession of a tract about forty miles up Rock river; but that he did not re, main there long, but commenced his search up Rock river. Capt. W. B. Green, who served in Captain Stevenson's company of mounted rangers, says that "Black Hawk and his band crossed the river with no hostile intention, but that his band had had bad luck in hunting during the previous winter, were actually in a starving condition, and had come over to spend the summer with a friendly tribe on the headwaters of the Rock and Illinois rivers by invitation from their chief." Other old settlers, who all agree that Black Hawk had no idea of fighting, say that he came back to the west side expecting to negotiate another treaty, and get a new supply of provisions. The most reasonable explanation of this movement, which resulted so disastrously to Black Hawk and his starving people, is that, during the fall and winter of 1831-32, his people became greatly indebted to their favorite trader at Fort Armstrong (Rock Island), they had not been fortunate in hunting, and he was likely to lose heavily, as an Indian debt was outlawed in one year. If, therefore, the Indians could be induced to came over, and the fears of the military could be sufficiently aroused to pursue them, another treaty could be negotiated, and from the payments from the government the shrewd trader could get his pay. Just a week after Black Hawk crossed the river, on the 13th of April, 1832, George Davenport wrote to Gen. Atkinson: "I am informed that the British band of Sac Indians are determined to make war on the frontier settlements.
* * * * * *
From every information that I have received, I am of the opinion that the intention of the British band of Sac Indians is to commit depredations on the inhabitants of the frontier." And yet, from the 6th day of April, until after Stillman's men commenced war by firing on the flag of truce from Black Hawk, no murders nor depredations were committed by the British band of Sac Indians.
It is not the purpose of this sketch to detail the incidents of the Black Hawk war of 1832, as it pertains rather to the history of the State of Illinois. It is sufficient to say that, after the disgraceful affair at Stillman's Run, Black Hawk concluded that the whites refusing to treat with him, were determined to exterminate his people, determined to return to the Iowa side of the Mississippi. He could not return by the way he came, for the army was behind him, an army, too, that would sternly refuse to recognize the white flag of peace. His only course was to make his way northward and reach the Mississippi, if possible, before the troops could overtake him, and this he did; but, before he could get his women and children across the Wisconsin, he was overtaken, and a battle en-sued. Here, again, he sued for peace, and, through his trusty lieutenant, "the Prophet," the whites were plainly informed that the starving Indians did not wish to fight, but would return to the west side of the Mississippi, peaceably, if they could be permitted to do so. No attention was paid to this second effort to negotiate peace, and, as soon as the supplies could be obtained the pursuit was resumed, the flying Indians were overtaken again eight miles before they reached the mouth of the Bad Axe, and the slaughter (it should not be dignified by the name of battle) commenced. Here, overcome by starvation and the victorious whites, his band was scattered, on the 2d day of August, 1832_ Black Hawk escaped, but was brought into camp at Prairie du Chien by three Winnebagoes. He was confined in Jefferson bar-racks until the spring of 1833, when he was sent to Washington, arriving there April 22. On the 26th of April they were taken to Fortress Monroe, where they remained till the 4th of June, 1833, when orders were given for them to be liberated and returned to their own country. By orders of the president he was brought back through the principal eastern cities. Crowds flocked to see him all along the route, and he was very much flattered by the attention he received. He lived among his people on the Iowa river till that reservation was sold, in 1836, when, with the rest of the Sacs and Foxes, he removed to the Des Moines reservation, where he remained till his death, which occurred on the 3d of October, 1838.
INDIAN PURCHASES, RESERVES AND TREATIES.
At the close of the Black Hawk War, in 1832, a treaty was made, at a council held on the west bank of the Mississippi, where now stands the thriving city of Davenport, on grounds now occupied by the Chicago, Rock Island and Pacific, railroad company on the 21st day of September, 1832. At this council, the United States were represented by Gen. Winfield Scott and Gov. Reynolds, of Illinois. Keokuk, Pash-a-pa-ho and some thirty other chiefs and warriors of the Sac and Fox nation were present. By this treaty, the Sacs and Foxes ceded to the United States a strip of land on the eastern border of Iowa, fifty miles wide, from the northern boundary of Missiouri to the mouth of the Upper Iowa River, containing about six million acres. The western line of the purchase was parallel with the Mississippi. In consideration of this cession, the United States Government stipulated to pay annually to the confederated tribes, for thirty consecutive years, twenty thousand dollar in specie, and to pay the debts of the Indians at Rock Island, which had been accumulating for seventeen years, and amounted to fifty thousand dollars, due to Davenport & Farnham, Indian traders. The Government also generously donated to the Sac and Fox women and children, whose husbands and fathers had fallen in the Black Hawk war, thirty-five beef cattle, twelve bushels of salt, thirty barrels of pork, fifty barrels of flour and six thousand bushels of corn.
This territory is known as the "Black Hawk Purchase." Al-though it was not the first portion of Iowa ceded to the United States by the Sacs and Foxes, it was the first opened to actual settlement by the tide of emigration that flowed across the Mississippi as soon as the Indian title was extinguished. The treaty was ratified February 13, 1833, and took effect on the 1st of Juneollowing, when the Indians quietly removed from the ceded territory, and this fertile and beautiful region was opened to white-settlers.
By the terms of the treaty, out of the Black Hawk Purchase was reserved for the Sacs and Foxes 400 square miles of land situated on the Iowa River, and including within its limits Keokuk's village, on the right bank of that river. This tract was known as "Keokuk's Reserve," and was occupied by the Indians until 1836, when, by a treaty made in September between them and Gov. Dodge, of Wisconsin Territory, it was ceded to the United States. The council was held on the banks of the Mississippi, above Davenport, and was the largest assemblage of the kind ever held by the Sacs and Foxes to treat for the sale of lands. About one thousand of their chiefs and braves were present, and Keokuk was their leading spirit and principal speaker on the occasion. By the terms of the treaty, the Sacs and Foxes were re-moved to another reservation on the Des Moines River, where an agency was established for them at what is now the town of Agency City.
Besides the Keokuk Reserve the government gave out of the Black Hawk Purchase to Antoine Le Clair, interpeter, in fee simple, one section of land opposite Rock Island, and another at the bead of the first rapids above the island, on the Iowa side. This was the first land title granted by the United States to an individual in Iowa.
Soon after the removal of Sacs and Foxes to their new reservation on the Des Moines River, Gen. Joseph M. Street was transfered from the agency of the Winnebagoes, at Prairie du Chein, to establish an agency among them. A farm was selected, on which the necessary buildings erected, including a comfortable farm house for the agent and his family, at the expense of the Indian Fund. A salaried agent was employed to superintend. the farm and dispose of the crops. Two mills were erected, one on Soap Creek, and the other on Sugar Creek. The latter was soon swept away by a flood, but the former remained and did. good service for many years. Connected with the agency were Joseph Smart and John Goodell, interpreters. The latter was interperter for Hard Fish's band. Three of the Indian chiefs, Keokuk, Wapello and Appanoose, had each a large field improved, the two former on the right bank of the Des Moines, back from the river, in what is now Keokuk's Prairie, and the latter on the present site of the city of Ottumwa. Among the traders connected with the agency were the Messrs. Ewing, from Ohio, and Phelps & Co., from. Illinois, and also Mr. J. P. Eddy, who established his post at what is now the site of Eddyville.
The Indians at this agency became idle and listless in the absence of their natural and wonted excitements, and many of them plunged into dissipation. Keokuk himself became dissipated in the latter years of his life, and it has been reported that. he died of delirium tremens after his removal with his tribe to Kansas.
In May, 1843, most of the Indians were removed up the Des Moines River, above the temporary line of Red Rock, having ceded the remnant of their lands in Iowa to the United States on the 21st of September, 1837, and on the 11th of October 1842. By the terms of the latter treaty, they held possessisn of the "New Purchase" till the Autum of 1845, when the most of them were removed to their reservation in Kansas, the balance being removed in the Spring of 1846.
1. Treaty with the Sioux.-Made July 19, 1815: ratified December 16, 1815. This treaty was made at Portage des Sioux, between the Sioux of Minnesota and Upper Iowa and the Uniied States, by William Clark and Ninian Edwards, Commissioners, and was merely a treaty of peace and friendship on the part of those Indians toward the United States at the close of the war of 1812.
2. Treaty with the Sacs.-A similar treaty of peace was made at Portage des Sioux, between the United States and the Sacs, by William Clark, Ninian Edwards and Auguste Choteau, on the 13th of September, 1815, and ratified at the same date as the above. In this, the treaty of 1804 was re-affirmed, and the Sacs here represented promised for themselves and their bands to keep entirely seporate from the Sacs of Rock River, who, under Black Hawk, had joined the British in the war just then closed.
3. Treaty with the Foxes.-A separate treaty of peace was made with Foxes at Portage des Sioux by the same Commissioners on the 14th of Septembr, 1815, and ratified the same as the above, wherein the Foxes re-affirmed the treaty at St. Louis, of November 3, 1804, and agreed to deliver up all their prisoners to the officer in command at Fort Clark now Peoria, Illinois.
4. Treaty with the Iowas.-A treaty of peace and mutual good will was made between the United States and the Iowa tribe of Indians, at Portage des Sioux, by the same Commissioners as above, on the 16th of September 1815, at the close of the war with Great Britain, and ratified at the same date as the othors.
5. Treaty with the Sacs at Rock River.-Made at St. Louis on the 13th of May, 1816, between the Unitad States and the Sacs of Rock River, by the Commissioners, William Clark, Ninian Ed-wards and Auguste Choteau, and ratified December 30, 1816. In this treaty, that of 1804 was re-established and confirmed by twenty-two chiefs and head men of the Sacs of Rock River, and Black Hawk himself attached to it his signature, or, as he said, "touched the goose quill."
6. Treaty of 1824.-On the 4th of August, 1824, a treaty was made between the United States and the Sacs and Foxes, in the city of Washington, by William Clark, Commissioner, wherein the Sac and Fox nation relinquished their title to all lands in Missouri, and that portion of the southeast corner of Iowa know as the "Hal-Breed Tract" was set off and reserved for the use of the half-breeds of the Sacs and Foxes, they holding title in the same manner as Indians. Ratified January 18, 1825.
7. Treaty of August 19, 1825.-At this date a treaty was made by William Clark and Lewis Cass, at Prairie du Chien, betwen the United States and the Chippewas, Sacs and Foxes, Menomonees, Winnebagoes and a portion of the Ottawas and Pottawatomies. In this treaty, in order to make peace between the contending tribes as to the limits of their respective hunting grounds in Iowa, it was agreed that the United States Government should run a boundary line between the Sioux, on the north, and the Sacs and Foxes, on south, as follows:
Commencing at the mouth of the Upper Iowa River, on, the west bank of the Mississippi, and ascending said Iowa River to its west fork; thence up to the fork to its source; thence crossing the fork of Red Cedar River in a direct line to the second or upper fork of the Des Moines River; thence in a direct line to the lower fork of the Calumet River, and down that river to its junction with the Missouri River.
8. Treaty of 1830.-On the 15th of July, 1830, the confederate tribes of the Sacs and Foxes ceded to the United States a strip of country lying south of the above line, twenty miles in width and extending along the line a forosaid from the Mississippi to the Des Moines River. The Sioux also, whose possessions were north of the line, ceded to the Government, in the same treaty, a like strip on the north side of the boundary. Thus the United States, at the ratification of this treaty, February 24, 1831, came into possession of a portion of Iowa forty miles wide, extending along the Clark and Cass line of 1825, from the Mississippi to the Des Moines River. This territory was known as the "Neutral Ground" and the tribes on either side of the line were allowed to fish and hunt on it unmolested till it was made a Winnebago reservation, and the Winnebagoes were removed to it in 1841.
9. Treaty with the Sacs and Foxes and other Tribes.-At the same time of the above treaty respecting the "Neutral Ground" (July 15, 1830), the Sacs and Foxes, Western Sioux, Omahas, Iowas and Missouris ceded to the United States a portion of the western slope of Iowa, the boundaries of which were defined as follows:
Beginning at the upper fork of the Des Moines River, and passing the sources of the Little Sioux and Floyd Rivers, to the fork of the first creek that falls into the Big Sioux, or Calument, on the east side; thence down said creek and the Calumet River to the Missouri River; thence down said Missouri River to the Missouri State line above the Kansas; thence along said line to the northwest corner of said State; thence to the high lands between the waters falling into the Missouri and Des Moines, passing to said high lands along the dividing ridge between the forks of the Grand River; thence along said high lands or ridge separating the waters of the Missouri from those of the Des Moines, to a point opposite the source of the Boyer River, and thence in a direct line to the upper fork of the Des Moines, the place of beginning.
It was understood that the lands ceded and relinquished by this treaty were to be assigned and allotted, under the direction of the President of the United States, to the tribes then living thereon, or to such other tribes as the President might locate thereon, for hunting and other purposes. In consideration of three tracts of land ceded in this treaty, the United States agreed to pay to the Sacs three thousand dollars; to the Foxes, three thousand dollars; to the Sioux two thousand dollars; to the Yankton and San-tee bands of Sioux, three thousands dollars; to the Omahas, two thousand five hundred dollars; and to the Otoes and Missouris, two thousand five hundred dollars-to be paid annually for ten successive years. In addition to these annuities, the Government agreed to furnish some of the tribes with blacksmiths and agricultural implements to the amount of two hundred dollars, at the expense of the United States, and to set apart three thousand dollars annually for the education of the children of these tribes. It does not appear that any fort was erected in this territory prior to the erection of Fort Atkinson on the Neutral Ground, in 1840-1.
This treaty was made by William Clark, Superintendent of Indian affairs, and Col. Willoughby Moran, of the United States First Infantry, and came into effect by proclamation, February 24, 1831.
While the territory now embraced in the State of Iowa was under Spanish rule as a part of its province of Louisiana, certain claims to and grants of land were made by the Spanish authorities, with which, in addition to the extinguishment of Indian titles, the United States, had to deal. It is proper that these should be briefly reviewed:
Dubuque.-On the 22d day of September, 1788, Julien Dubuque, a Frenchman, from Prairie du Chien, obtained from the Foxes a cession or lease of lands on the Mississippi River for mining purposes, on the site of the present city of Dubuque. Lead had been discovered here eight years before, in 1780, by the wife of Peosta Fox, a warrior, and Dubuque's claim embraced nearly all the lead bearing lands in that vicinity. He immediately took possession of his claim and commenced mining, at the same time making a settlement. The place became known as the "Spanish Miners," or, more commonly, "Dubuque's Lead Mines."
In 1796, Dubuque filed a petition with Baron de Carondelet, the Spanish Governor of Louisiana, asking that the tract ceded to him by the Indians might be granted to him by patent from the Spanish Government. In this petition Dubuque rather indefinitely set forth the boundaries of his claim as "about seven leagues along the Mississippi River, and three leagues in width from the river," intending to include, as is supposed, the river front between the Little Maquoketa and the Tete des Mertz Rivers, embracing more than twenty thousand acres. Carondelet granted the prayer of the petition, and the grant was subsequently confirmed by the Board of Land Commissioners of Louisiana.
In October, 1804, Dubuque transfered the larger part of his claim to Auguste Choteau, of St. Louis, and on the 17th of May, 1805, he and Choteau jointly filed their claims with the Board of Commissioners. On the 20th of September, 1806, the Board decided in their favor, pronouncing the claim to be a regular Spanish grant, made and compeleted prior to the 1st day of October, 1800, only one member, J. B. C. Lucas, dissenting.
Dubuque died March 24, 1810. The Indians, understanding that the claim of Dubuque under their former act of cession was only a permit to occupy the tract and work the mines during his life, and that at his death they reverted to them took possession and continued mining operations, and were sustained by the military authority of the United States, notwithstanding the decision of the Commissioners. When the Black Hawk purchase was con-summated, the Dubuque claim thus held by the Indians was absorbed by the United States, as the Sacs and Foxes made no reservation of it in the treaty of 1832.
The heirs of Choteau, however, were not disposed to relinquish their claim without a struggle, Late in 1832, they employed an agent to look after their interests, and authorized him to lease the right to dig lead on the lands. The miners who commenced work under this agent were compelled by the military to abandon their operations, and one of the claimants, went to Galena to institute legal proceedings, but found no court of competent jurisdiction, although he did bring an action for the recovery of a quantity of lead dug at Dupuque, for the purpose of testing the title. Being finable to identify the lead, however, he was non-suited.
By act of Congress, approved July 2, 1836, the town of Dubuque was surveyed and platted. After lots had been sold and occupied by the purchasers, Henry Choteau brought an action of ejectment against Patrick Malony, who held land in Dubuque under a patent from the United States, for the recovery of seven undivided eighth parts of the Dubuque claim, as purchased by Auguste Choteau in 1804. The case was tried in the District Court of the United States for the District of Iowa, and was decided adversely to the plaintiff. The case was carried to the Supreme Court of the United States on a writ of error, when it was heard at the December term, 1853, and the decision of the lower court was affirmed, the court holding that the permit from Carondelet was merely a lease, or permit to work the mines; that Dubuque asked, and the Governor of Louisiana granted, nothing more than the "peaceable possession of certain lands obtained from the Indians; that Carondolet had no legal authority to make such a grant as claimed, and that, even if he had, this was but an "in choate and imperfected title."
Girard.-In 1795, the Lietenant Governor of Upper Louisiana granted to Basil Giard five thousand eight hundred and sixty acres of land, in what is now Clayton County, known as the "Girard Tract." He occupied the land during the time that Iowa passed from Spain to France, and from France to the United States, in consideration of which the Federal Government granted a patent of the same to Girrad in his own right. His heirs sold the whole tract to James H. Lockwood and Thomas P. Burnett, of Prairie du Chien, for three hundred dollars.
Honori.-March 30, 1799, Zenon Trudeau, acting Lieutenant Governor of Upper Liousiana, granted to Louis Honori a tract of land on the site of the present town of Montrose, as follows: "It is permitted to Mr. Louis (Fesson) Honori, or Louis Honore Fes-son, to establish himself at the head of the rapids of the River Des Moines, and his establishment once formed, notice of it shall be given to the Governor General, i, order to obtain for him a commission of a space sufficient to give value to such establishment, and at the same time to render it useful to the commerce of the peltries of this country, to watch the Indians and keep them in the fidelity which they owe to His Majesty."
Honori took immediate possession of his claim, which he retained until 1805. While trading with the natives he became indebted to Joseph Robedoux, who obtained an execution on which the property was sold May 13,1803, and was purchased by the creditor. In these proceedings the property was described as being "about six leaugues above the River Des Moines." Robedoux died soon after he purchased the property. Auguste Choteau, his executor, disposed of the Honori Tract to Thomas F. Reddeck, in April, 1805, up to which time Honori contiued to occupy it. The grant, as made by the Spanish Government, was a league square, but only one mile square was confirmed by the United States. After the half-breeds sold their lands in which the Honori grant was included, various claimants resorted to litigation in attempts to invalidate the title of the Reddeck heirs, but it was finally con-firmed by a decision of the Supreme Court of the United States in 1839, and is the oldest legal title to any land in the State of Iowa.
Before any permanent settlement had been made in the Territory of Iowa, white adventurers, trappers and traders, many of whom were scattered along the Mississippi and its tributaries, as agents and employes of the American Fur Company, intermarried with the females of Sac and Fox Indians, producing a race of half-breeds, whose number was never definitely ascertained. There were some respectable and excellent people among them, children of men of some refinement and education. For instance: Dr. Muir, a gentleman educated at Edinburg, Scotland, a surgeon in the United States Army, stationed at a military post located an the present site of Warsaw, married an Indian woman and reared his family of three daughters in the city of Keokuk. Other examples might be cited, but they are probably exceptions to the general rule, and the race is now nearly or quite extinct in Iowa.
A treaty was made at Washington, August 4, 1824, between the Sacs and Foxes and the United State, by which that portion of Lee County was reserved to the half-breeds of those tribes, and which was afterwards known as "The Half-Breed Tract." This reservation is the triangular piece of land, containing about, 119,-000 acres, lying between the Mississippi and Des Moines Rivers. It is bounded on the north by the prolonggtion of the northern line Missouri. This line was intended to be a straight one, running due east, which would have caused it to strike the Missssippi River at or below Montrose; but the surveyor who ran it took no notice of the change of the variation of the needle as he proceeded eastward, and, in consequence, the line he run was bent; deviating more and more to the northward of a direct line as he approached the Mississippi, so it struck that river at the lower edge of the town of Fort Madison. "This erroneous line," says Judge Mason, "has been acquiesced in as well in fixing the northern limit of the Half-Breed Tract as in determining the northern boundary line of the State of Missouri." The line thus run in eluded in the reservation a portion of the lower part of the city of Fort Madison, and all of the present townships of Van Buren, Charleston, Jefferson, Des Moines, Montrose and Jackson.
Under the treaty of 1824, the half-breeds had the right to occupy the soil, but could not convey it, the reversion being reserved to the United States. But on the 30th day of January, 1834, by act of Congress, this reversionary right was relinquished, and the half-breeds acquired the lands in fee simple. This was no sooner done than a horde of speculators rushed in to buy land of the half-breed owners, and in many instances, a gun, a blanket, a pony or a few quarts of whisky was sufficient for the purchase of large estates. There was a deal of sharp practice on both sides; Indians would often claim ownship of land by virtue of being half-breeds, and had no difficulty in proving their mixed blood by the Indians, and they would then cheat the speculators by selling land to which they had no rightful title. On the other hand, speculators often claimed land in which they had no ownership. It was diamond cut diamond, until at last things became badly mixed. There was no authorized surveys and no boundary lines to claims, and, as a natural result, numerous conflicts and quarrels ensued.
To settle these difficulties, to decide the validity of claims or sell them for the benefit of the real owners, by act of the Legislature of Wisconsin Territory, approved January 16, 1838, Edward Johnstone, Thomas S. Wilson and David Brigham were appointed Commissioners, and clothed with power to effect these objects. The act provided that these Commissioners should be paid six dollars a day each. The commission entered upon its duties and continued until the next session of the Legislature, when the act creating it was repealed, invalidating all that had been done and depriving the Commissioners of their pay. The repailing act, how-ever, authorized the Commissioners to commence action against the owners of the Half-Breed Tract, to receive pay for their services in the District Court of Lee County. Two judgments were obtained, and on execution the whole of the tract was sold to Hugh T. Reid, the Sheriff executing the deed. Mr. Reid sold portions of it to various parties, but his own title was questioned, and he became involved in litigation. Decisions in favor of Reid and those holding under him were made by both District and Supreme Court; but in Dember, 1850, these decisions were finally reversed by the Supreme Court of the United States in the case of Joseph Webster, plaintiff in error, vs. Hugh T. Reid and the judgment titles failed. About nine years before the "judgement titles" were finally abrogated as above, another class of titles were brought into competition with them, and in the conflict between the two, the final decision was obtained. These were the titles based on the "decree of partion" issued by the United States District Court for the Territory of Iowa, on the 8th of May, 1841, and certified to by the Clerk on the 2d day of June of that year. Ed-ward Johnstone and Hugh T. Reid, then law partners at Fort Madison, filed the petition for the decree in behalf of the St. Louis claimants of half-breed lands. Francis S. Key, author of the Star Spangled Banner, who was then attorney for the New York Land Company, which held heavy interest in these lands, took a leading part in the measure, and drew up the document in which it was presented to the court. Judge Charles Mason, of Burlington, pre-sided. The plan of partition divided the tract into one hundred and one shares, and arranged that each claimant should draw his proportion by lot, and should abide the result, whatever it might be. The arrangement was entered into, the lots drawn, and the plat of the same filed in the Recorder's office, October 6, 1841. Upon this basis the titles to land in the Half-Breed Tract are now held.
The first permament settlement by the whites within the limits of Iowa was made by Julien Dubuque, in 1788, when, with a small party of miners, he settled on the site of the city that now bears his name, where he lived until his death, in 1810. Louis Honori settled on the site of the present town of Montrose, probably in 1799, and resided there until 1805, when his property passed Into other hands. Of the Girard settlement, opposite Prairie du Chien, little is known, except that it was occupied by some parties prior to the commencement of the present century, and contained three cabins in 1805. Indian traders, although not strictly to be considered settlers, had established themselves at various points at an an early date. A Mr. Johnson, Agent of the American Fur Company, had a trading post below Burlington, where he carried on traffic with the Indians some time before the United States possessed the country. In 1820, Le Moliese, a French trader, had a station at what is now Sandusky six miles above Keokuk, in Lee County. In 1829. Dr. Isaac Gallaud made a settlement on the Lower Rapids, at what is now Nashville.
The first settlement in Lee county was made in 1820, by Dr. Samuel C. Muir, a surgeon in the United States army, who had been stationed at Fort Edwards, now Warsaw, Ill., and who built a cabin where the city of Keokuk now stands.
Messrs. Reynolds & Culver, who had leased Dr. Muir's claim at Keokuk, subsequently employed as their agent Mr. Moses Still-well, who arrived with his family in 1828, and took possession of Muir's cabin. His brothers-in-law, Amos and Valencourt Van Ansdal came with him and settled near.
His daughter, Margaret Stillwell (afterward Mrs. Ford), was born in 1831, at the foot of the rapids, called by the Indians Niche-she-tuck, where Keokuk now stands. She was probably the first white American child born in Iowa.
In 1831, Mr. Johnson, agent of the American Fur Company, who had a station at the foot of the rapids, removed to another location, and Dr. Muir having returned from Galena, he and Isaac R. Campbell• took the place and buildings vacated by the Company, and carried on trade with the Indians and half-breeds. Campbell, who had first visited and traveled through the southern part of Iowa, in 1821, was an enterprising settler, and besides trading with the natives, carried on a farm and kept a tavern.
Dr. Muir died of cholera in 1832.
In 1830, James L. and Lucius H. Langworthy, brothers and natives of Vermont, visited the Territory for the purpose of working the lead mines at Dubuque. They had been engaged in lead mining at Galena, Plinois, the former as early as 1824. The lead mines in the Dubuque region were an object of great interest to the miners about Galena, for they were known to be rich in lead ore. To explore these mines and to obtain permission to work them was therefore eminently desirable.
In 1829, James L. Langworthy resolved to visit the Dubuque mines. Crossing the Mississippi at a point now known as Dun-kith in a canoe, and swimming his horse by his side, he landed on the spot now known as Jones Street Levee. Before him spread out a beautiful prairie, on which the city of Dubuque now stands. Two miles south, at the mouth of Catfish Creek, was a village of Sacs and Foxes. Thither Mr. Langworthy proceeded, and was well received by the natives. He endeavored to obtain permission from them to mine in their hills, but this they refused. He, however, succeeded in gaining the confidence of the chief to such an extent as to be allowed to travel in the interior for three weeks and explore the country. He employed two young Indians as guides, and traversed in different directions the whole region lying between the Maquoketa and Turkey Rivers. He returned to the village, secured the good will of the Indians, and returning to Galena, formed plans for future operations, to be exeeuted as soon as circumstances would permit.
In 1830, with has brother, Lucius H., and others, having obtained the consent of the Indians, Mr. Langworthy crossed the Mississippi and commenced mining in the vicinity around Dubuque.
At this time, the. lands were not in the actual possession of the United States. Although they had been purchased from France, the Indian title had not been extinguished, and these adventurous persons were beyond the limits of any State or Territorial government. The first settlers were therefore obliged to be their own law-makers, and to agree to such regulations as the exigencies of the case demanded. The first act resembling civil legislation within the limits of the present State of Iowa was done by the miners at this point, in June, 1830. They met on the bank of the river, by the side of an old cottonwood drift log, at what is now the Jones Street Levee, Dubuque, and elected a committee, consisting of J. L. Langworthy, H. F. Lander, James McPhetres, Samuel Scales, and E. M. Wren. This may be called the first Legislature in Iowa, the members of which gathered around that old cottonwood log, and agreed to and reported the following, written by Mr. Langworthy, on a half-sheet of coarse, unruled paper, the old log being the writing desk:
We, a Committee, having been chosen to draft certain rules and regulations (laws) by which we, as miners, will be governed, and having duly considered the subject, do unanimously agree that we will be governed by the regulations on the east side of the Mississippi River,* with the following exceptions, to wit:
[Footnote in original text: * Established by the Superintendent of U. S. Lead Mines at Fever River.]
ARTICLE I. That each and every man shall hold 200 yards square of ground by working said ground one day in six.
ARTICLE II. We further agree that there shall be chosen, by the majority of the miners present, a person who shall hold this article, and who shall grant letters of arbitration on application having been made, and that said letters of arbitration shall be obligatory on the parties so applying.
The report was accepted by the miners present, who elected Dr. Jarote, in accordance with Article S. Here, then, we have in 1830, a primitive Legislature elected by the people, the law drafted by it being submitted to the people for approval, and under it Dr. Jarote was elected first Governor within the limits of the present State of Iowa. And it is to be said that the laws thus enacted were as promptly obeyed, and the acts of the executive officer thus elected as duly respected, as any have been since.
The miners who had thus erected an independent government of their own on the west side of the Mississippi River, continued to work successfully for a long time, and the new settlement attracted considerable attention. But the west side of the Mississippi belonged to the Sac and Fox Indians, and the Government in order to preserve peace on the frontier, as well as to protect the Indians in their rights under the treaty, ordered the settlers not only to stop -mining, but to remove from the Indian territory. They were simply intruders. The execution of this order was en-trusted to Col. Zachary Taylor, then in command of the military post at Prairie du Chien, who, early in July, sent an officer to the miners with orders to forbid settlement, and to command the miners to remove within ten days to the east side of the Mississippi, or they would be driven off by armed force. The miners, however; were reluctant about leaving the rich " leads" they had already discovered and opened, and were not disposed to obey the order to remove with any considerable degree of alacrity. In due time, Col. Taylor dispatched a detachment of troops to enforce his order. The miners, anticipating their arrival, had, excepting three, recrossed the river, and from the east bank saw the troops land on the western shore. The three who had lingered a little too long were, however, permitted to make their escape unmolested. From this time a military force was stationed at Dubuque to prevent the settlers from returning, until June, 1832. The Indians returned, and were encouraged to operate the rich mines opened by the late white occupants.
In June 1832, the troops were ordered to the east side to assist in the annihilation of the very Indians whose rights they had been protecting on the west side. Immediately after the close of the Black Hawk war, and the negotiations of the treaty in September, 1832, by which the Sacs and Foxes ceded to the United States the tract known as the "Black Hawk Purchase," the settlers, supposing that now they had a right to re-enter the Territory, returned and took possession. of their claims, built cabins, erected furnaces, and prepared large quantities of lead for market. Dubuque was becoming a noted place on the river, but the prospects of the hardy and enterprising settlers and miners were again ruthlessly interfered with by the government, on the ground that the treaty with the Indians would not go into force until June 1, 1833, although they had withdrawn from the vicinity of the settlement. Col. Taylor was again ordered by the War Department to remove the miners, and in January, 1833, troops were again sent from Prairie du Chien to Dubuque for that purpose. This was a serious and perhaps unnecessary hardship imposed upon the settlers. They were compelled to abandon their cabins and homes in midwinter. It must be now said, simply that "red tape" should be respected. The purchase had been made, the treaty ratified, or was sure to be; the Indians had retired, and, after the lapse of nearly fifty years, no very satisfactory reason for this rigorous action of the Government can be given.
But the orders had been given, and there was no alternative but to obey. Many of the settlers recrossed the river and did not re-turn; a few, however, removed to an island near the east bank of the river, built rude cabins of poles, in which to stare their lead until spring, when they could float the fruits of their labor to St. Louis for sale, and where they could remain until the treaty went into force, when they could return. Among these were James L. Langworthy, and his brother Lucius, who had on hand about three hundred thousand pounds of lead.
Lieut. Covington, who had been placed in command at Dubuque by Col. Taylor, ordered some of the cabins of the settlers to be torn down, and wagons and other property to be destroyed. This wanton and inexcusable action on the part of a subordinate clothed with a little brief authority was sternly rebuked by Col. Taylor, and Covington was superseded by Lieut. Geo. Wilson, who pursued a just and friendly course with the pioneers, who were only waiting for the time when they could repossess their claims.
June 1, 1833, the treaty formally went into effect, the troops were withdrawn, and the Langworthy brothers and a few others at once returned and resumed possession of their home claims and mineral prospects, and from this time the first permament settlement of this portion of Iowa must date. Mr. John P. Sheldon was appointed Superintendent of the mines by the Government, and a system of permits to miners and licenses to smelters was adopted, similar to that which had been in operation at Galena, since 1825, under Lieut. Martin Thomas and Capt. Thomas C. Le-gate. Substantially the primitive law enacted by the miners assembled around that old cottonwood drift log in 1830 was adopted and enforced by the United States Government, except that miners were required to sell their mineral to licensed smelters, and the smelter was required to give bonds for the payment of six per cent. of all lead manufactured to the Government. This was the same rule adopted in the United States mines on Fever River in Illinois, except that, until 1830, the Illinois miners were compelled to pay ten per cent tax. This tax upon the miners created much dissatisfaction among the miners on the west side as it had on the east side of the Mississippi. They thought they had suffered hardships and privations enough in opening the way for civilization without being subjected to the imposition of an odious government tax upon their means of subsistence, when the Federal Government could better afford to aid than to extort from them. The measure soon became unpopular. It was difficult to collect the taxes, and the whole system was abolished in about ten years.
During 1883, after the Indian title was fully extinguished, about five hundred people arrived at the mining district, about one hundred and fifty of them from Galena.
In the same year Mr. Langworthy assisted in building the first school house in Iowa, and thus was formed the nucleus of the now populous and thriving city of Dubuque. Mr. Langworthy lived to see the naked prairie on which he first landed become the site of a city of fifteen thousand inhabitants, the small school house which he aided in constructing replaced by three substantial edifices, wherein two thousand children were being trained, churches erected in every part of the city, and railroads connecting the wilderness which he first explored with all the eastern world. He died suddenly on the 13th of March, 1865, while on a trip over the Dubuque & Southwestern Railroad, at Monticello, and the evening train broeight news of his death and his remains.
Lucius H. Langworthy, his brother, was one of the most worthy, gifted and influential of the old settlers of this section of Iowa. He died, greatly lamented by many friends, in June, 1865.
The name Dubuque was given to the settlement by miners at a meeting held in 1834.
In 1832, Captain James White made a claim on the present site of Montrose. Ip 1834 a military post was established at this point and a garrison of cavalry was stationed here, under the command of Col. Stephen W. Kearney. The soldiers were removed from this post to Fort Leavenworth, Kansas, in 1837.
During the same year, 1832, soon after the close of the Black Hawk war, Zachariah Hawkins, Benjamin Jennings, Aaron White, Augustine Horton, Samuel Gooch, Daniel Thompson and Peter Williams made claims at Fort Madison. In 1833, these claims were purchased by John and Nathaniel Knapp, upon which, in 1835', they laid out the town. The next summer, lots were sold. The town was subsequently re-surveyed and platted by the United States Government.
At the close of the Black Hawk War, parties who had been impatiently looking across upon "Flint Hills," now Burlington, came over from Illinois and made claims. The first was Samuel S. White, in the fall of 1832, who erected a cabin on the site of the city of Burlington. About the same time, David Tothero made a claim on the prairie about three miles back from from the river, at a place since known as the farm of Judge Morgan. In the winter of that year, they were driven off by the military from Rock Island, as intruders upon the rights of the Indians, and White's cabin was burnt by the soldiers. He retired to Illinois, where he spent the winter, and in the summer, as soon as the Indian. title was extinguished, returned and rebuilt his cabin. White was joined by his brother-in-law, Doolitle, and they laid out the original town of Burlington, in 1834.
All along the river borders of the Black Hawk Purchase settlers were flocking into Iowa. Immediately after the treaty with the Sacs and Foxes, in September, 1832, Col. George Davenport made the first claim on the spot where the thriving city of Davenport now stands. As early as 1827, Col. Davenport had established a flatboat ferry, which ran between the island and the main shore of Iowa, by which he carried on a trade with the Indians west of the Mississippi. In 1833, Capt. Benjamin W. Clark moved across from Illinois, and laid the foundation of the town of Buffalo, in Scott county, which was the first actual settlement within the limits of that county. Among other early settlers in this part of the Territory were Adrian H. Davenport, Col. John Sullivan, Mulligan and Franklin Easly, Capt. John Coleman, J. M. Camp, William White, H. W. Higgins, Cornelius Harrold, Richard Harrison, E. H. Shepherd and Dr. E. S. Barrows.
The first settlers of Davenport were Antoine LeClaire, Col. George Davenport, Major Thomas Smith, Major William Gordon, Philip Hambaugh, Alexander W. McGregor, Levi. S. Colton, Capt. James May and others. Of Antoine LeClaire, as the representative of the two races of men who, at this time occupied Iowa, Hon. C. C. Nourse, in his admirable Centennial address, says: "Antoine LeClaire was born in St. Joseph, Michigan, 1797. His father was French, his mother a granddaughter of a Pottawattamie chief.
In 1818 he acted as official interpreter to Col. Davenport, at Fort Armstrong (now Rock Island). He was well acquainted with a dozen Indian dialects, and was a man of strict integrity and great energy. In 1820 he married the granddaughter of a Sac chief. The Sac and Fox Indians reserved for him and his wife two sections of land in the treaty of 1833, one at the town of LeClaire and one at Davenport. The Pottawattamies, in the treaty at Prairie du Chien, also reserved for him two sections of land, at the present site of Moline, Ill. He received the appointment of Post-master and Justice of the Peace in the Black Hawk Purchase, at an early day. In 1833 he bought for $100 a claim on the land upon which the original town of Davenport was surveyed and platted in 1836. In 1836 LeClaire built the hotel, known since, with its valuable addition, as the LeClaire 'House. He died September 25, 1861."
In Clayton county the first settlement was made in the Spring of 1832, on Turkey River, by Robert Hatfield and William W. Way-man. No further settlements were made in this part of the State till the beginning of 1836.
In that portion now known as Muscatine county, settlements were made in 183'4, by Benjamin Nye, John Vanater and G: W. Kasey, who were the first settlers. E. E. Fay, William St. John, N. Fullington, H. Reece, Jona. Pettibone, R. P. Lowe, Stephen Whither, Abijah Whiting, J. E. Fletcher, W. D. Abernethy and Alexis Smith were early settlers of Muscatine.
During the summer of 1835, William Bennett and his family, from Galena, built the first cabin within the present limits of Delaware county, in some timber since known as Eads' Grove.
The first postoffice in Iowa was established at Dubuque in 1833. Milo H. Prentice was appointed postmaster.
The first Justice of the Peace was Antoine LeClaire, appointed in 1833, as "a very suitable person to adjust the difficulties between the white settlers and the Indians still remaining there."
The first Methodist Society in the Territory was formed at Dubuque on the 18th of May, 1831, and the first class meeting was held June 1st of that year.
The first church bell brought into Iowa, was in March, 1834.
The first mass of the Roman Catholic Church in the Territory was celebrated at Dubuque, in the house of Patrick Quigley, in the fall of 1833.
The first school-house in the Territory was erected by the Dubuque miners in 1833.
The first Sabbath school was organized at Dubuque early in the Summer of 1834.
The first woman who came to this part of the Territory with a view to permanent residence, was Mrs. Noble F. Dean, in the Fall of 1832.
The first family that lived in this part of Iowa was that of Hosea T. Camp, in 1832.
The first meeting house was built by the Methodist Episcopal Church, at Dubuque, in 1834.
The first newspaper in Iowa was the Dubuque Visitor, issued May 11th, 1836. John King, afterward Judge King, was editor, and William C. Jones, printer.
The pioneers of Iowa, as a class, where brave, hardy, intelligent and enterprising people.
As early as 1824, a French trader named Hart had established a trading post, and built a cabin on the bluffs above the large spring now known as "Mynster Spring," within the limits of the present city of Council Bluffs, and had probably been there some time, as the post was known to the employes of the American Fur Company as Lacote de Hart, or "Hart's Bluff." In 182'7 an agent of the American Fur Company, Francis Guittar, with others, encamped in the timber at the foot of the bluffs, about on the present location of Broadway, and afterward settled there. In 1839 a block house was built on the bluff in the east part of the city. The Pottawattamie Indians occupied this part of the State until 1846-7, when they relinquished the territory and removed to Kansas. Billy Caldwell was then principal chief. There were no white settlers in that part of the State, except Indian traders, until the arrival of the Mormons under the lead of Brigham Young. These people, on their way westward, halted for the Winter of 1846-7 on the west bank of the Missouri River, about five miles above Omaha, at a place now called Florence. Some of them had reached the eastern bank of the river the Spring before, in season to plant a. crop. In the Spring of 1847, Young and a portion of the colony pursued their journey to Salt Lake, but a large portion of them returned to the Iowa side and settled mainly within the limits of Pottawattamie County. The principal settlement of this strange community was at a place called "Miller's Hollow," on Indian Creek, and afterward named Kanesville, in honor of Col. Kane, of Pennsylvania, who visited them soon after-ward. The Mormon settlement extended over the county and into neighboring counties, wherever timber and water furnished desirable locations. Orson Hyde, priest, lawyer and editor, was installed as President of the Quorum of Twelve, and all that part of the State remained under Mormon control for several years. In 1846, they raised a battalion, numbering some five hundred men, for the Mexican war. In 1848 Hyde started a paper called the Frontier Guardian, at Kanesville. In 1849, after many of the faithful had left to join Brigham Young at Salt Lake, the Mormons in this section of Iowa numbered 6,552, and in 1850, 7,828, but they were not all within the limits of Pottawattamie County. This county was organized in 1848, all the first officials being Mormons. In 1852 the order was promulgated that all the true believers should gather together at Salt Lake. Gentiles flocked in, and in a few years nearly all the settlers were gone.
May 9, 1843, Captain James Allen, with a small detachment of troops on board the steamer Ione, arrived at the present site of the capital of the State, Des Moines. The Ione was the first steamer to ascend the Des Moines River to this point. The troops and stores were landed at what is now the foot of Court avenue, Des Moines, and Capt. Allen returned in the steamer to Fort Sanford to arrange for bringing up more soldiers and supplies. In due tithe, they, too, arrived, and a fort was built near the mouth of Raccoon Fork, at its confluence with the Des Moines, and named Fort Des Moines. Soon after the arrival of the troops, a trading post was established on the east side of the river, by two noted Indian traders named Ewing, from Ohio.
Among the first settlers in this part of Iowa were Benjamin Bryant, J. B. Scott, James Drake (gunsmith), John Sturtevant, Robert Kinzie, Alexander Turner, Peter Newcomer, and others.
The Western States have been settled by many of the best and most enterprising men of the older States, and a large immigration of the best blood of the Old World, who, removing to an arena of larger opportunies, in a more fertile soil and congenial climate, have developed a spirit and energy peculiarly Western. In no country on the globe have enterprises of all kinds been pushed forward with such rapidity, or has there been such independence and freedom of competition. Among, those who have pioneered the civilization of the West, and been the founders of great States, none have ranked higher in the scale of intelligence and moral worth than the pioneers of Iowa, who came to the territory when it was an Indian country, and through hardship, privation and suffering, laid the foundation of the populous and prosperous commonwealth which to-day dispenses its blessings to a million and a half of people. From her first settlement and from the first organization as a territory to the present day, Iowa has had able men to manage her affairs, wise statemen to shape her destiny and frame her laws, and intelligent and impartial jurists to administer justice to her citizens; her bar, pulpit and press have been able and widely influential; and in all the professions, arts, enterprises and industries which go to make up a great and prosperous commonwealth, she has taken and holds a front rank among her sister States of the West.
By act of Congress, approved October 31, 1803, the President of the United States was authorized to take possession of the territory included in the Lousiana purchase, and provided for a temporary government. By another act of the same session, approved March 26, 1804, the newly acquired country was divided, October 1st, 1804, into the territory of Orleans, south of the thirty-third parallel of north latitude, and the district of Louisiana, which latter was placed under the authority of the officers of Indian Territory.
In 1802 the district of Louisiana was organized as a Territory, with a government of its own. In 1 807 Iowa was included in the Territory of Illinois, and in 1812 in the Territory of Missouri. When Missouri was admitted as a State, March 2, 1821, "Iowa," says Hon. C. C. Nourse, "was left a political orphan," until by act of Congress, approved June 28, 1834, the Black Hawk purchase having been made, all the territory west of the Mississippi and north of the northern boundary of Missouri, was made a part of Michigan Territory. Up to this time there had been no county or other organization in what is now the State of Iowa, although one or two Justices of the Peace had been appointed and a post-office was established at Dubuque in 1833. In September, 1834, however, the Territorial Legislature of Michigan created two counties on the west side of the Mississippi River, viz.: Dubuque and Des Moines, separated by a line drawn westward from the foot of Rock Island. These counties were partially organized. John King was appointed Chief Justice of Dubuque County, and Isaac Leffler of Burlington, of Des Moines County. Two Associate Justices in each county were appointed by the Governor.
On the first Monday in October, 1825, Gen. Geo. W. Jones, now a citizen of Dubuque, was elected a Delegate to Congress from this part of Michigan Territory. On the 20th of April, 1836, through the efforts of Gen. Jones, Congress passed a bill creating the Territory of Wisconsin, which went into operation July 4, 1836, and Iowa was then included in
THE TERRITORY 0F WISCONSIN,
of which Gen. Henry Dodge was appointed Governor; John S. Horner, Secretary of the Territory; Charles Dunn, Chief Justice; David Irwin and Wm. C. Frazer, Associate Justices.
September 9, 1836, Gov. Dodge ordered the census of the new territory to be taken. This census resulted in showing a population of 10,531 in the counties of Dubuque and Des Moines. Under the apportionment, these two counties were entitled to six members of the Council and thirteen of the House of Representatives. The Governor issued his proclamation for an election to be held on the first Monday of October, 1836, on which day the following members of the First Territorial Legislature of Wisconsin were elected from the two counties in the Black Hawk purchase:
Dubuque County.-Council: John Folly, Thomas McKnight, Thomas McCarney. House: Loring Wheeler, Hardin Nowlan, Peter Hill Engle, Patrick Quigley, Hosea T. Camp.
Des Moines County.-Council: Jeremiah Smith, Jr., Joseph R. Teas, Arthur B. Inghram. House: Isaac Leffler, Thomas Blair, Warren L. Jenkins, John Box, George W. Teas, Eli Reynolds, David R. Chance.
The first Legislature assembled at Belmont, in the present State of Wisconsin, on the 25th day of October, 1836, and was organized by electing Henry T. Baird President of the Council, and Peter Hill Engle, of Dubuque, Speaker of the House. It adjourned December 9, 1836.
The second Legislature assembled at Burlington, November 10, 1837. Adjourned January 20, 1838. The third session was at Burlington; commenced June 1st, and adjourned June 12, 1838.
During the first session of Wisconsin Territorial Legislature, in 1836, the County of Des Moines was divided in Des Moines, Lee, Van Buren, Henry, Muscatine and Cook (the latter being subsequently changed to Scott) and defined their boundaries. During the second session, out of the territory embraced in Dubuque County, were created the counties of Dubuque, Clayton, Fayette, Delaware, Buchanan, Jackson, Jones, Linn, Clinton and Cedar, and their boundaries defined, but the most of them were not organized until several years afterward, under the authority of the Territorial Legislature of Iowa.
The question of a separate territorial organization for Iowa, which was then a part of Wisconsin Territory, began to be agitated early in the autumn of 1837. The wishes of the people found expression in a convention held at Burlington on the 1st of November, which memorialized Congress to organize u Territory west of the Mississippi, and to settle the boundary line between Wisconsin Territory and Missouri. The Territorial Legislature of Wisconsin, then in session at Burlington, joined in the petition. Gen. Geo. W. Jones, of Dubuque, then residing at Sinsinawa Mound, in what is now Wisconsin, was Delegate to Congress from Wisconsin Territory, and labored so earnestly and successfully, that "An act to divide the Territory of Wisconsin, and to establish the Territorial Government 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 headwaters 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 justice, 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 Pittsburgh, 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; Augustus C. Dodge, Register of the Land Office at Burlington, and Thomas McKnight, Receiver of the Land Office at Dubuque. Mr. Van Allen, 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 Burling-ton, during the second session of the Legislature, and James Clarke, editor of the Gazette, was appointed to succeed him.
Immediately after his arrival, Governor Lucas issued a proclamation 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 meeting of the Legislature to be elected, at Burlington.
The first Territorial Legislature was elected in September, and assembled at Burlington on the 12th of November, and consisted of the following members:
Council.-Jesse B. Brown, J. Keith, E. A. M. Swazy, Arthur In-gram, Robert Ralston, George Hepner, Jesse J. Payne, D. B. Hughes, James M. Clark, Charles Whittlesey, Jonathan W. Parker, Warner Lewis, Stephen Hempstead.
House.-William Patterson, Hawkins Taylor, Calvin J. Price, James Brierly, James Hall, Gideon S. Bailey, Samuel Parker, James W. Grimes, George Temple, Van B. Delashmutt, Thomas Blair, George H. Beeler,* William G. Coop, William H. Wallace, Asbury B. Porter, John Frierson, William L. Toole, Levi Thornton, S. C. Hastings, Robert G. Roberts, Laurel Summers,** Jabez A. Burchard, Jr., Chauncey Swan, Andrew Bankson, Thomas Cox and Hardin Nowlin.
[Footnote in original text: *Cyrus S. Jacobs. who was elected for Des Moines County, was killed in an unfortunate encounter at Burlington before the meeting of the Legislature, and Mr. Beeler was elected to fill the vacancy.]
[Footnote in original text: ** Samuel R. Nurray was returned as elected from Clinton County, but his seat was successfully contested by Burchard.]
Notwithstanding a large majority of the members of both branches of the Legislature were Democrats, yet Gen. Jesse B. Browne (Whig), of Lee County, was elected President of the Council, and Hon. William H. Wallace (Whig), of Henry County, Speaker of the House of Representatives-the former unanimously and the latter with but little opposition. At that time national politics were little heeded by the people of the new Territory, but in 1840, during the Presidential campaign, party lines were strongly drawn.
At the election in September, 1838, for members of the Legislature, a Congressional Delegate was also elected. There were four candidates, viz.: William W. Chapman and David Rohrer, of Des Moines County; B. F. Wallace, of Henry County, and P. H. Engle, of Dubuque County. Chapman was elected, receiving a majority of thirty-six over Engle.
The first session of the Iowa Territorial Legislature was a stormy and exciting one. By the organic law, the Governor was clothed with almost unlimited veto power. Governor Lucas seemed disposed to make free use of it, and the independent Hawkeyes could not quietly submit to arbitrary and absolute rule, and the result was an unpleasant controversy between the Executive and Legislative departments. Congress, however, by act approved March 3, 1839, amended the organic law by restricting the veto power of the Governor to the two-thirds rule, and took from him the power to appoint sheriffs and Magistrates.
Among the first important matters demanding attention was the location of the seat of government and provision for the erection of public buildings, for which Congress had appropriated $20,000. Governor Lucas, in his message, had recommended the appointment of Commissioners, with a view to making a central location. The extent of the future State of Iowa was not known or thought of. Only on a strip of land fifty miles wide, bordering on the Mississippi River, was the Indian title extinguished, and a central location meant some central point in the Black Hawk Purchase. The friends of a central location supported the Governor's suggestion. The southern members were divided between Burlington and Mount Pleasant, but finally united on the latter as the proper location for the seat of government. The central and southern parties were very nearly equal, and, in consequence, much excitement prevailed. The central party at last triumphed, and on the 21st day of January, 1839, an act was passed, appointing Chauncey Swan, of Dubuque County; John Ronalds, of Louisa County, and Robert Ralston, of Des Moines County, Commissioners, to select a site for a permament seat of Government within the limits of Johnson County.
Johnson County had been created by act of the Territorial Legislature of Wisconsin, approved December 21, 1837, and organized by act passed at the special session at Burlington in June, 1838, the organization to date from July 4th, following. Napoleon, on the Iowa River, a few miles below the future Iowa City, was designated as the county seat, temporarily.
Then there existed good reason for locating the capital in the county. The Territory of Iowa was bounded on the north by the British Possessions; east, by the Mississippi River to its source; thence by a line drawn due north to the northern boundary of the United States; south, by the State of Missouri, and west, by the Missouri and White Earth Rivers. But this immense territory was in undisputed possession of the Indians, except a strip on the Mississippi known as the Black Hawk Purchase. Johnson County was, from north to south, in the geographical center of this purchase, and as near the east and west geographical center of the future State of Iowa as could then be made, as the boundary line between the lands of the United States and the Indians, established by the treaty of October 21, 1837, was immediately west of the county limits.
The Commissioners, after selecting the site, were directed to lay out 640 acres into a town, to be called Iowa City, and to proceed to sell lots and erect public buildings thereon, Congress having granted a section of land to be selected by the Territory for this purpose. The Commissioners met at Napoleon, Johnson County, a 1, 1839, selected for a site Section 10, in Township 79 North of Range 6, West of the Fifth Principal Meridian, and immediately surveyed it and laid off the town. The first sale of lots took place August 16, 1339. The site selected for the public buildings was a little west of the geographical center of the section, where a square of ten acres on the elevated grounds overlooking the river was reserved for the purpose. The capitol was located in the center of this square. The second Territorial Legislature, which assembled in November, 1839, passed an act requiriing the Commissioners to adopt such plan for the building that the aggregate cost when complete, should not exceed $51,000; and if they had already adopted a plan involving a greater expenditure, they were directed to abandon it. Plans for the building were designed and drawn by Mr. John F. Rague, of Springfield, Ill., and on the 4th day of July, 1840, the corner stone of the edifice was laid with appropriate ceremonies. Samuel C. Trowbridge was Marshal of the day, and Gov. Lucas delivered the address on that occasion.
When the Legislature assembled at Burlington in special session, July 13, 1840, Gov. Lucas announced that on the 4th of that month he had visited Iowa City, and found the basement of the capitol nearly completed. A bill authorizing a loan of $20,000 for the building was passed, January 15, 1841, the unsold lots of Iowa City being the security offered, but only $5,500 was obtained under the act.
THE BOUNDARY QUESTION.
The boundary line between the Territory of Iowa and the State of Missouri was a difficult question to settle in 1838, in consequence of claims arising from taxes and titles, and at one time civil war was imminent. In defining the boundaries of the counties bordering on Missouri, the Iowa authorities had fixed a line that has since been established as the boundary between Iowa and Missouri. The Constitution of Missouri defines her northern boundary to be the parallel of the latitude which passes through the rapids of the Des Moines River. The lower rapids of the Mississippi immediately above the mouth of the Des Moines River had always been known as the Des Moines Rapids, or "the rapids of the Des Moines River." The Missourians (evidently not well versed in history or geography) insisted on running the northern boundary line from the rapids in the Des Moines River, just below Keosauqua, thus taking from Iowa a strip of territory eight or ten miles wide. Assuming this as her northern boundary line, Missouri attempted to exercise jurisdiction over the disputed territory by assessing taxes, and sending her Sheriffs to collect them by distraining the personal property of the settlers. The Iowans, how-ever. were not disposed to submit, and the Missouri officials were arrested by the Sheriffs of Davis and Van Buren Counties and confined in jail. Gov. Boggs, of Missouri, called out his militia to enforce the claim and sustain the officers of Missouri. Gov. Lucas called out the militia of Iowa, and both parties made active preparations for war. In Iowa, about 1,200 men were enlisted, and 500 were actually armed and encamped in Van Buren County, ready to defend the integrity of the Territory. Subsequently, Gen. A. C. Dodge, of Burlington, Gen. Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were sent to Missouri as envoys plenipotentiary, to effect, if possible, a peacable adjustment of the difficulty., Upon their arrival, they found that the County Commissioners of Clarke County, Missouri, had rescinded their order for the collection of the taxes, and that Gov. Boggs had dispatched messengers to the Governor of Iowa proposing to submit an agreed case to the Supreme Court of the United States for the final settlement of the boundary question. This proposition was declined, but afterward Congress authorized a suit to settle the controversy, which was instituted, and which resulted in a judgment for Iowa. Under this decision, William G. Miner, of Missouri, and Henry B. Hendershott were appointed Commissioners to survey and establish the boundary. Mr. Nourse remarks that "the expenses of the war on the part of Iowa were never paid, either by the United States or the Territorial Government. The patriots who furnished supplies to the troops had to bear the cost and charges of the struggle."
The first legislative assembly laid the broad foundation of civil equality, on which has been constructed one of the most liberal governments in in the Union. Its first act was to recognize the equality of woman with man before the law, by providing that "no action commenced by a single woman, who intermarries during the pendency thereof, shall abate on account of such marriage. This principle has been adopted by all subsequent legislation in Iowa, and to-day woman has full and equal civil rights with man, except only the right of the ballot.
Religious toleration was also secured to all, personal liberty strictly guarded, the rights and privileges of citizenship extended to all white persons, and the purity of elections secured by heavy penalties against bribery and corruption. The judiciary power was vested in a Supreme Court, District Court Probate Court, and Justices of the Peace. Real estate was made divisible by will, and intestate property divided equitably among heirs. Murder was made punishable by death, and proportionate penalties fixed for lesser crimes. A system of free schools, open for every class of white citizens, was established. Provision was made for a system of roads and highways. Thus, under the territorial organization, the country began to emerge from a savage wilderness, and take on the forms of civil government.
By act of Congress of June 12, 1838, the lands which had been purchased of the Indians were brought into market, and land .offices opened in Dubuque and Burlington. Congress provided for military roads and bridges, which greatly aided the settlers, who were now coming in by thousands, to make their homes on the fertile prairies of Iowa-"The Beautiful Land." The fame of the country had spread far and wide; even before the Indian title was extinguished, many were crowding the borders, impatient to cross over and stake out their claims on the choicest spots they could find in the new Territory. As soon as the country was open . for settlement, the borders, the Black Hawk Purchase, all along the Mississippi, and up the principal rivers and streams, and out over the broad rolling prairies, began to be thronged with eager land hunters and immigrants, seeking homes in Iowa. It was a sight to delight the eyes of all comers from every land-its noble streams, beautiful and picturesque hills and valleys, broad and fertile prairies extending as far as the eye could reach, with a soil surpassing in richness anything which they had ever seen. It is not to be wondered at that immigration into Iowa was rapid, and that within less than a decade from the organization of the Territory it contained a hundred and fifty thousand people.
As rapidly as the Indian titles were extinguished and the original owners removed, the resistless tide of emigration flowed west-ward. The following extract from Judge Nourse's Centennial Address shows how the emigrants gathered on the Indian boundary, ready for the removal of the barrier:
In obedience to our progressive and aggressive. spirit, the Government of the United States made another treaty with the Sac and Fox Indians, on the 11th day of August, 1842, for the remaining portion of their land in Iowa. The treaty provided that the Indians should retain possession of all the lands thus ceded until May 1, 1843, and should occupy that portion of the ceded territory west of a line running north and south through Redrock, until October 11, 1845. These tribes, at this time, had their principal village at Ot-tum-wa-no; now called Ottumwa. As soon as it became known that the treaty had been concluded, there was a rush of immigration to Iowa, and a great number of temporary settlements were made near the Indian boundary, waiting for the 1st day of May. As the day approached, hundreds of families encamped along the line, .and their tents and wagons gave the scene the appearance of a military expedition. The country beyond had been thoroughly explored, but the United States military authorities had prevented any settlement, or even the making out of claims by any monuments whatever.
To aid them in making out their claims when the honr should arrive, the settlers had placed piles of dry wood on the rising ground, at convenient distances, and a short time before twelve o'clock on the night of the 30th of April, these were lighted, and when the midnight hour arrived it was anounced by the discharge of firearms. The night was dark, but this army of occupation pressed forward, torch in hand, with axe and hatchet, blazing lines with all manner of curves and angles. When daylight came and revealed the confusion of these wonderful surveys, numerous disputes arose, settled generally by compromise, but. sometimes by violence. Between midnight of the 30th of April and sun-down of the 1st of May, over one thousand families had settled on their new purchase.
While this scene was transpiring, the retreating Indians were enacting one more impressive and melancholy. The winter of 1842-43 was one of unusual severity, and the Indian prophet, who had disapproved of the treaty, attributed the severity of the winter to the anger of the Great Spirit, because they had sold their country. Many religious rites were performed to atone for the crime. When the time for leaving Ot-tum-wa-no arrived, a solemn silence pervaded the Indian camp, and the faces of their stoutest men were bathed in tears; and when their cavalcade was put in motion, toward the setting sun, there was a spontaneous outburst of frantic grief from the entire procession.
The Indians remained the appointed time beyond the line running north and south through Redrock. The Government established a trading post and military encampment at the Raccoon Fork of the Des Moines River, then and for many years known as Fort Des Moines. Here the red men lingered until the 11th of October, 1845, when the same scene that we have before described was re-enacted, and the wave of immigration swept over the remainder of the "New Purchase." The lands thus occupied and claimed 1 y the settlers still belonged in fee to the General Government. The surveys were not completed until some time after the Indian title was extinguished. After their survey, the lands were publicly proclaimed or advertised for sale at public auction. Under the taws of the United States, a pre-emption or exclusive right to purchase public lands could not be acquired until after the lands had thus been publicly offered end not sold for want of bidders. Then, and not until then, an occupant making improvements in good faith might acquire a right over others to enter the land at the minimum price of $1.25 per acre. The "claim laws" were unknown to the United States statutes. They originated in the "eternal fitness of things," and were enforced, probably, as belonging to that class of natural (rights not enumerated in the constitution, and not impaired or disparaged by its enumeration.
The settlers organized in every settlement prior to the public land sales, appointed officers, and adopted their own rules and regulations. Each man's claim was duly ascertained and recorded by the Secretary. It was the duty of all to attend the sales. The Secretary bid off the lands of each settler at $1.25 per acre. The others were there to see, first, that he did his duty and bid in the land, and, secondly, to see that no one else bid. This, of course, sometimes led to trouble, but it saved the excitement of competition, and gave a formality and degree of order and regularity to the proceedings they would not otherwise have attained. As far as practicable, the Territorial Legislature recognized the validity of these "claims" upon the public lands, and in 1839 passed an act legalizing their sale and making their transfer a valid consideration to support a promise to pay for the same. (Acts of 1845, p. 456.) The Supreme Territorial Court held this law to be valid. (See Hill v. Smith, 1st Morris Rep, 70.) The opinion not only contains a decision of the question involved, but also contains much valuable erudition upon that "spirit of Anglo-Saxon liberty" which the Iowa settlers unquestionably inherited in a direct line of descent from the said "Anglo-Saxons." But the early settler was not always able to pay even this dollar and twenty-five cents per acre for his land.
Many of the settlers had nothing to begin with, save their hands, health and courage and their family jewels, "the pledges of love," and the "consumers of bread." It was not so easy to accummulate money in the early days of the State, and the "beautiful prairies," the "noble streams," and all that sort of poetic imagery, did not prevent the early settlers from becoming discouraged.
An old settler, in speaking of the privations and trials of those early days, says:
Well do the "old settlers" of Iowa remember the days from the first settlement. to 1840. Those were days of sadness and distress. The endearments of home in another land had been broken up; and all that was hallowed on earth, the home of childhood, and the scenes of youth, were severed; and we sat by the gentle waters of our noble river, and, often "hung our harps on the willows."
Another, from another part of the State, testifies:
There was no such thing as getting money for any kind of labor. I ]aid brick at $3.00 per thousand, and took my pay in anything I could eat. or wear. I built the first Methodist Church at Keokuk, 42x60 feet, of brick, for $600, and took my pay in a subscription paper, part of which I never collected,: and upon which 1 only received $50 00 in money. Wheat was hauled 100 miles from the interior, and sold for 37% cents per bushel.
Another old settler, in speaking of a later period, 1843, says:
Land and everything had gone down in value to almost nominal prices. Cora and oats could be bought for six or ten cents a bushel; pork, $1.00 per hundred, and the heat horse a man could raise sold for $50.00. Nearly all were in debt, and the Sheriff and Constable, with legal processes, were common visitors at almost every man's door. Those were indeed "the times that tried men's souls."
"A few," says Mr. Nourse, "who were not equal to the trial, re-turned to their old homes, but such as had courage and faith to be the worthy founders of a great State remained, to more than realize the fruition of their hopes, and the reward of their self-denial."
On Monday, December 6, 1841, the fourth Legislative Assembly met, at the new capital, Iowa City, but the capitol building could not be used, and the Legislature occupied a temporary frame house, that had been erected for that purpose, during the session of 1841-2. At this session, the Superintendent of Public Buildings (who, with the Territorial Agent, had. superseded the Commissioners first appointed), estimated the expense of completing the building at $33,330, and that rooms for the use of the Legislature could be completed for $15,600.
During 1842, the Superintendent commenced obtaining stone from a new quarry, about ten miles northeast of the city. This is now known as the "Old Captain Quarry," and contains, it is thought, an immense quantity of exellent building stone. Here all the stone for completing the building was obtained, and it was so far completed that on the 5th day of December, 1842, the Legislature assembled in the new capitol. At this session, the Superintendent estimated that it. would cost $39,143 to finish the building. This was nearly $6,000 higher than the estimate of the previous year, notwithstanding a large sum had been expended in the meantime. This rather discouraging discrepancy was ac-counted for by the fact that the officers in charge of the work were constantly short of funds. Except the Congressional appropriation of $20,000 and the loan of $5,500, obtained from the Miners' Bank, of Dubuque, all the funds for the prosecution of the work were derived from the sale of the city lots (which ,did not sell very rapidly), from the certificates of indebtedness, and from scrip, based upon unsold lots, which was to be received in payment for such when they were sold. At one time the Superintendent made a requisition for bills of iron and glass, which could not be obtained nearer than St. Louis. To meet this, the Agent sold some lots, for a draft, payable at Pittsburgh, Pa., for which he was compelled to pay twenty-five per cent. exchange. This draft, amounting to $507, that officer reported to be more than one-half the cash actually handled by him during the entire season when the disbursement amounted to very nearly $24,000.
With such uncertainty it could not be expected that estimates could be very accurate. With all these disadvantages, however, the work appears to have been prudently prosecuted, and as rapidly as circumstances would permit.
Iowa remained a territory from 1838 to 1846, during which the office of Governor was held by Robert Lucas, John Chambers and James Clark.
By an act of the Territorial Legislature of Iowa, approved February 12, 1844, the question of the formation of a State Constitution and providing for the election of delegates to a convention to he convened for that purpose was submitted to the people, to be voted upon at their township elections in April following. The vote was largely in favor of the measure, and the delegates elected assembled in convention at Iowa city on the 7th of October, 1844. On the first day of November following the convention completed its work and adopted the first State constitution.
The President of the convention, Hon. Shepherd Leffler, was instructed to transmit a certified copy of this constitution to the delegate in Congress, to be by him submitted to that body at the earliest practicable day. It was also provided that it should be submitted, together with any conditions or changes that might' be made by Congress, to the people of the Territory for their approval or rejection, at the township election in April, 1845.
The boundaries of the State, as defined by the constitution, were as follows:
Beginning in the middle of the channel of the Mississippi river, opposite 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 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 in the middle of the main channel of the river last mentioned to the month of the Sioux or Calumet river; thence in a direct line to the middle of the main channel of the St. Peters 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 channel of said river to the place of beginning.
These boundaries were rejected by Congress, but by act approved March 3, 1845, a State called Iowa was admitted into the Union, provided the people adopted the act, bounded as follows:
Beginning at the mouth of the Des Moines river, at the middle of the Mississippi , thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato or Blue Earth river; thence west, along said parallel of latitude to a point where it is intersected by a meridian line seventeen degrees and thirty minutes west of the meridian of Washington City; thence due south to the northern boundary line of the State of Missouri; thence easterly following that boundary line to the point at which the same intersects the Des Moines river; thence by the middle of the channel of that river to the place of beginning.
These boundaries, had they been accepted, would have placed the northern boundary of the State about thirty miles north of its present location, and would have deprived it of the Missouri slope and the boundary of that river. The western boundary would have been near the west line of what is now Kossuth county. But it was not so to be. In consequence of this radical and unwelcome change in the boundaries, the people refused to accept the act of Congress and rejected the constitution at the election, held August 4, 1845, by a vote of 7,656 to '7,235.
A second constitutional convention assembled at Iowa City on the 4th day of May, 1846, and on the 18th of the same month an-other Constitution for the new State with the present boundaries-was adopted and submitted to the people for ratification on the 3d day of August following, when it was accepted; 9,492 votes were east "for the Constitution," and 9,036 "against the Constitution."
The Constitution was approved by Congress, and by act of Congress approved December 28, 1846, Iowa was admitted as a sovereign State in the American Union.
Prior to this action of Congress, however, the people of the new State held an election under the new Constitution on the --26th day of October, and elected Oresel Briggs, Governor; Elisha Cutler, Jr., Secretary of State; Joseph T. Pales, Auditor; Morgan Reno, Treasurer, and members of the Senate and House of Representatives.
At this time there were twenty-seven organized counties in the State, with a population of nearly 100,000, and the frontier settlements were rapidly pushing toward the Missouri river. The Mormons had already reached there.
The first General Assembly of the State of Iowa was composed of nineteen Senators and forty Representatives. It assembled at Iowa City November 30, 1840, about a month before the State was admitted into the Union.
At the first session of the State Legislature, the Treasurer of State reported that the capitol building was in a very exposed condition, liable to injury from storms, and expressed the hope that some provision would be made to complete it, at least sufficiently to protect it from the weather. The General Assembly responded by appropriating $2,500 for the completion of the public buildings, At the first session also arose the question of the re-location of the capital. The western boundary of the State, as now deter-mined, left Iowa City too far toward the eastern and southern boundary of the State; this was conceded. Congress had appropriated five sections of land for the erection of public buildings, and toward the close of the session a bill was introduced providing for the re-location of the seat of government, involving to some extent the location of the State University, which had al-ready been discussed. This bill gave rise to a deal of discussion and parliamentary maneuvering, almost purely sectional in its character. It provided for the appointment of three Commissioners, who were authorized to make a location as near the geographical center of the State as a healthy and eligible site could he obtained; to select the five sections of land donated by Congress; to survey and plat into town lots not exceeding one section of the land so selected; to sell lots at public sale, not to exceed two in each block. Having done this, they were then required to suspend further operations, and make a report of their proceedings to the Governor. The bill passed both Houses by decisive votes, received the signature of the Governor and became a law. Soon after, by "An act to locate and establish a State University," approved February 25th, 1847, the unfinished public buildings at Iowa City, together with the ten acres of land on which they were situated, were granted for the use of the University, reserving their use, however, by the General assembly and the State officers, until other provisions were made by law.
The commissioners forthwith entered upon their duties, and selected four sections and two half sections in Jasper county. Two of these sections are in what is now Des Moines Township, and the others in Fairview township, in the southern part of that county; These lands are situated between Prairie City and Mon-roe, on the Keokuk & Des Moines Railroad, which runs diagonally through them. Here a town was platted, called Monroe City, and a sale of lots took place. Four hundred and fifteen lots were sold at prices that were not considered remarkably remunerative. The gash payments (one-fourth) amounted to $1,797.43, while the expenses of the sale and the claims of the Commissioners for services amounted to $2,206.57. The Commissioners made a report of their proceedings to the Governor, as required by law, but the location was generally condemned.
When the report of the Commissioners, showing this brilliant financial operation, had been read in the House of Representatives at the next session, and while it was under consideration, an indignant member, afterward known as the eccentric Judge McFarland, moved to refer the report to a select committee of five, with instructions to report "how much of said city of Monroe was under water and how much was burned." The report was referred, without the instructions, however, but Monroe City never became the seat of government. By an act approved January 15, 1849, the law by which the location had been made was repealed and the new town was vacated, the money paid by purchasers of lots being refunded to them. This, of course, retained the seat of government at Iowa City, and precluded for the time, the occupation of the building and grounds by the University.
At the same session $3,000 more were appropriated for completing the State building at Iowa City. In 1852 the further sum of $5,000, and in 1854 $4,000 more were appropriated for the same purpose, making the whole cost $123,000, paid partly by the General Government and partly by the State, but principally from the proceeds of the sale of lots in Iowa City.
But the question of the permanent location of the seat of government was not settled; and in 1851 bills were introduced for the removal of the capital to Pella and to Fort Des Moines. The latter appeared to have the support of the majority, but was finally lost in the House on the question of ordering it to its third reading.
At the next session, in 1853, a bill was introduced in the Senate` for the removal of the seat of government to Fort Des Moines, and, on final vote, was just barely defeated. At the next session, however, the effort was more successful, and on the 15th day of January, 1855, a bill re-locating the capital within two miles of the Racoon Fork of the Des Moines, and for the appointment of Commissioners, was approved by Gov. Grimes. The site was selected in 1856, in accordance with the provisions of this act, the land being donated to the State by citizens and property-holders of-Des Moines. An association of citizens erected a building for a temporary capitol, and leased it to the State at a nominal rent.
The third constitutional convention to revise the Constitution of. the State assembled at Iowa City, January 19, 1857. The new constitution framed by this convention was submitted to the people at an election held August 3, 1857, when it was approved and adopted by a vote of 40,311 "for" to 38,681 "against," and on the 3rd day of September following was declared by a proclamation of the Governor to be the supreme law of the State of Iowa.
Advised of the completion of the temporary State House at Des Moines, on the 19th of October following, Governor Grimes issued another proclamation, declaring the city of Des Moines to be the capital of the State of Iowa.
The removal of the archives and offices was commenced at once and continued through the fall. It was an undertaking of no small magnitude; there was not a mile of railroad to facilitate the work, and the season was unusually disagreeable. Rain, snow, and other accompaniments increased the difficulties, and it was not until December that the last of the effects-the safe of the State Treasurer, loaded on two large "bob-sleds"-drawn by ten yoke of oxen, was deposited in the new capitol. It is not imprudent now to remark that, during this passage over hills and prairies, across rivers, through bottom lands and timber, the safes belonging to the several departments contained large sums of money, mostly individual funds, however. Thus, Iowa City ceased to be the capital of the State, after four Territorial Legislatures, six State Legislatures and three Constitutional Conventions had held their sessions there. By the exchange, the old capitol at Iowa City became the seat of the University, and except the rooms occupied by the United States District Court, passed under the immediate and direct control of the trustees of that institution.
Des Moines was now the permanent seat of government, made so by the fundamental law of the State, and on the 11th day of January, 1858, the seventh General Assembly convened at the new capital. The building used for governmental purposes was purchased in 1864. It soon became inadequate for the purposes for which it was designed, and it became apparent that a new, large and permanent State House must be erected. In 1870, the General Assembly made an appropriation, and provided for the appointment of a Board of Commissioners to commence the work. The board consisted of Gov. Samuel Merrill, ex-officio President; Grenville M. Dodge, Council Bluffs; James F. Wilson, Fairfield; James Dawson, Washington; Simon G. Stein, Muscatine; James U. Crosby, Gainsville; Charles Dudley, Agency City; John N. Dewey, Des Moines; William L. Joy, Sioux City; Alexander It. Fulton, Des Moines, Secretary.
The act of 1870 provided that the building should be constructed of the best material and should be fire proof, to be heated and ventilated in the most approved manner; should contain suitable legislative halls, rooms for State officers, the judiciary, library, committees, archives and the collections of the State Agricultural Society, and for all purposes of State Government, and should be erected on grounds held by the State for that purpose. The sum first appropriated was $150,000; and the law provided that no contract should be made, either for constructing or furnishing the building, which should bind the State for larger sums than those at the time appropriated. A design was drawn and plans and specifications furnished by Cochrane & Piquenard, architects, which were accepted by the board, and on the 23d of November, 1ST!, the corner stone was laid with appropriate ceremonies. The estimated cost and present value of the capitol is fixed at $2,000,000.
From 1858 to 1860, the Sioux became troublesome in the north-western part of the State. These warlike Indians made frequent plundering raids upon the settlers, and murdered several families. In 1861, several companies of militia were ordered to that portion of the State to hunt down and punish the murderous thieves. No battles were fought, however, for the Indians fled when they ascertained that systematic and adequate measures had been adopted to protect the settlers.
"The year 1856 marked a new era in the history of Iowa. In 1854, the Chicago & Rock Island Railroad had been completed to the east bank of the Mississippi River, opposite Davenport. In 1854, the corner stone of a railroad bridge, that was to be the first to span the "Father of Waters," was laid with appropriate ceremonies at this point. St. Louis had resolved that the enterprise was unconstitutional, and by writs of injunction made an unsuccessful effort to prevent its completion. Twenty years later in her history, St. Louis repented her folly, and made atonement for her sin by imitating our example. On the first day of January, 1856, this railroad was completed to Iowa City. In the meantime, two other railroads had reached the east bank of the Mississippi-one opposite Burlington, and one opposite Dubuque-and these were being extended into the interior of the State. Indeed, four lines of railroad had been projected across the State from the Mississippi to the Missouri, having eastern connections. On the 15th of May, 1856, the Congress of the United States passed an act granting to the State, to aid in the construction of railroads, the public lands in alternate sections, six miles on either side of the proposed line. An extra session of the General Assembly was called in July of this year, that disposed of the. grant to the several companies that proposed to complete these enterprises. The population of our State at this time had increased to 500,000. Public attention had been called to the necessity of a railroad across the continent. The position of Iowa, in the very heart and center of the Republic, on the route of this great highway across the continent, began to at-tract attention. Cities and towns sprang up through the State as if by magic. Capital began to pour into the State, and had it been employed in developing our vast coal measures and establishing manufactories among us, or if it had been expended in improving our lands, and building houses and barns, it would have been welt But all were in haste to get rich, and the spirit of speculation ruled the hour.
In the meantime every effort was made to help the speedy completion of the railroads. Nearly every county and city on the Mississippi, and many in the interior, voted large corporate subscriptions to the stock of the railroad companies, and issued their negotiable bonds for the amount. Thus enormous county and city debts were incurred, the payment of which these municipalities tried to avoid upon the plea that they had exceeded the constitutional limitation of their powers. The Supreme Court of the United States held these bonds to be valid, and the courts by mandamus compelled the city and county authorities to levy taxes to pay the judgments. These debts are not all paid even yet, but the worst is over and ultimately the burden will be entirely re-moved.
The first railroad across the State was completed to Council Bluffs in January, 1871. The others were completed soon after. [n 1851 there was not a mile of railroad in the State. In 1814, twenty years after, there were 3,765 miles in successful operation.
GROWTH AND PROGRESS.
When Wisconsin Territory was organized, in 1836, the entire population of that portion of the Territory now embraced in the Mate of Iowa was 10,531. The Territory then embraced two counties; Dubuque and Des Moines, erected by the Territory of Michigan, in 1834. From 1836 to 1838, the 'territorial Legislalature of Wisconsin increased the number of counties to sixteen, and the population had increased to 22,859. Since then the counties have increased to ninety-nine, and the population, in 1$75, was 1,366,000. The following table will show the population at different periods since the erection of Iowa Territory:
1838 ......... 22,589
1840 ......... 43,115
1844 ......... 75,152
1846 ......... 97,588
The most populous county in the State is Dubuque. Not only in population, but in everything contributing to the growth and greatness of a State has Iowa made rapid progress. In a little more than thirty years, its wild but beautiful prairies have advanced from the home of the savage to a highly civilized common-wealth, embracing all the elements of progress which characterize the older States.
Thriving cities and towns dot its fair surface; an iron net-work of thousands of miles of railroads is woven over its broad acres; ten thousand school houses, in which more than five hundred thousand children are being taught the rudiments of education, testify to the culture and liberality of the people; high schools, colleges and universities are generously endowed by the State; manufactories spring up on all her water courses, and in most of her cities and towns.
Whether measured from the date of her first settlement, her organization as a Territory, or admission as a State, Iowa has thus far shown a growth unsurpassed, in a similar period, by any commonwealth on the face of the earth; and, with her vast extent of fertile soil, with her inexhaustible treasures of mineral wealth, with a healthful, invigorating climate; an intelligent, liberty-loving people; with equal, just and liberal laws, and her free schools, the future of Iowa may be expected to surpass the most hopeful anticipations of her present citizens.
Looking upon Iowa as she is to-day-populous, prosperous and happy-it is hard to realize the wonderful changes that have occurred since the first white settlements were made within her borders. When the number of States was only twenty-six, and their total population about twenty millions, our republican form of government was hardly more than an experiment, just fairly put upon trial. The development of our agricultural resources and inexhaustible mineral wealth had hardly commenced. Westward the "Star of Empire" had scarcely started on its way. West of the great Mississippi was a mighty empire, but almost unknown, and marked on the maps of the period as `"The Great American Desert."
Now, thirty-eight stars glitter on our national escutcheon, and fifty millions of people, who know their rights and dare maintain them, tread American soil, and the grand sisterhood of States extends from the Gulf of Mexico to the Canadian border, and from the rocky coast of the Atlantic to the golden shores of the Pacific.
THE AGRICULTURAL COLLEGE AND FARM.
Ames, Story County.
The Iowa State Agricultural College and Farm were established by an act of the General Assembly, approved March 22d, 1858. A Board of Trustees was appointed, consisting of Governor It. P. Lowe, John D. Wright, William Duane Wilson, M. W. Robinson, Timothy Day, Richard Gaines, John Pattee, G. W. F. Sherwin, Suet Foster, S. W. Henderson, Clement Coffin, and E. G. Day; the Governor of the State and President of the College being ex-officio members. Subsequently the number of Trustees was reduced to five. The Board met in June, 1859, and received propositions for the location of the College and Farm from Hardin, Polk, Story and Boone, Marshall, Jefferson and Tama counties. In duly, the proposition of Story County and some of its citizens and by the citizens of Boone County was accepted, and the farm and the site for the buildings were located. In 1860-61, the farm house and barn were erected. In 1862 Congress granted to the State 240,000 acres of land for the endowment of schools of agriculture and the mechanical arts, and 195,000 acres were located by Peter Melendy, Commissioner, in 1862-63. In 1864 the General Assembly appropriated $20,000 for the erection of the college building.
In June of that year the Building Committee proceeded to let the contract. The $20,000 appropriated by the General Assembly were expended in putting in the foundations and making the brick for the structure. An additional appropriation of $91,000 was made in 1866, and the building was completed in 1868.
Tuition in this college is made by law forever free to pupils from the State over sixteen years of age, who have been resident of the State six months previuous to their admission. Each county in the State has a previous right of tuition for three scholars from each county; the remainder, equal to the capacity of the college, are by the trustees distributed among the counties in proportion to the population, and subject to the above rule. All sale of ardent spirits, wine or beer, is prohibited by law within a distance of three miles from the college, except for sacramental, mechanical or medical purposes.
The course of instruction in the Agricultural College embraces the following branches: Natural Philosophy, Chemistry, Botany, Horticulture, Fruit Growing, Forestry, Animal and Vegetable Anatomy, Geology, Mineralogy, Meteorology, Entomology, Zoology, the Veterinary Art, Plain Mensuration, Leveling, Surveying, Bookkeeping, and such Mechanical Arts as are directly connected with agriculture; also such other studies as the Trustees may, from time to time, prescribe, not inconsistent with the purposes of the institution. The funds arising from the lease and sale of lands, and interest on investments, are sufficient for the support of the institution.
The Board of Trustees, in 1881. was composed of Charles W. Tenney, Plymouth ; George H. Wright, Sioux City; Henry G. Little, Grinnell; William McClintock, West Union; John N. Dixon, Oskaloosa. A. S. Welch, President of the Faculty, W. D. Lucas, Treasurer; E. W. Stanton, Secretary.
The Trustees are elected by the General Assembly, in joint convention, for four years, three being elected at one session and two the next.
THE STATE UNIVERSITY.
Iowa. City, Johnson County.
In the famous Ordinance of 1787, enacted by Congress before the Territory of the United States extended beyond the Mississippi River, it was declared that in all the territory northwest of the Ohio River, "Schools and the means of education shall for-ever be encouraged." By act of Congress, approved July 20, 18443, the Secretary of the Treasury was authorized "to set apart and re-serve from sale, out of any of the public lands within the Territory of Iowa, to which the Indian title has been or may be extinguished, and not otherwise appropriated, a quantity of land, not exceeding the entire townships, for the use and support of a university within said Territory when it becomes a State, and for no other use or purpose whateverr; to be located in tracts of not less than an entire section, corresponding with any of the large divisions into which the public lands are authorized to be surveyed."
William W. Dodge, of Scott County, was appointed by the Secretary of the Treasury to make the selections. He selected Section 5, in Township 78, north of Range 3, east of the Fifth Principal Meridian, and then removed from the Territory. No more land were selected until 1846, when, at the request of the Assembly, John M. Whitaker, of Van Boren County, was appointed, who selected the remainder of the grant except about 122 acres.
In the first Constitution, under which loves was admitted to the Union, the people directed the disposition of the proceeds of this munificent grant in accordance with its terms, and instructed the General Assembly to provide, as soon as may be, effectual means for the improvement and permanent security of the funds of the University derived from the lands.
The first General Assembly, by act approved February 25, 1847, established the "State University of Iowa" at Iowa City, then the Capital of the State, "with such other branches_ as public convenience may hereafter require." The "public buildings at Iowa City, together with the ten acres of land in which they are situated, were granted for the use of said University, provided, how-ever, that the sessions of the Legislature and State offices should be held in the capitol until otherwise provided by law. The control and management of the University were committed to a Board of fifteen Trustees, to be appointed by the Legislature, five of whom were to be chosen biennially. The Superintendent of Public Instruction was made president of this Board. Provisions were made for the disposal of the two townships of land, and for the investment of the funds arising therefrom. The act further provides that the University shall never be under the exclusive control of any religious denomination whatever, and as soon as the revenue for the grant and donations amounts to $2,000 a year, the University should commence and continue the instruction, free of charge, of fifty students annually. The General Assembly retained full supervision over the University, it officers and the grants and donations made and to be made to it by the State.
The organization of the University at Iowa City was impracticable, however, so long as the seat of government was retained there.
In January, 1849, two branches of the University and three Normal Schools were established. The branches were located-one at Fairfield, and the other at Dubuque, and were placed upon an equal footing, in respect to funds and all other matters, with the University established at Iowa City. "This act," says Col. Benton, "created three State Universities, with equal rights and powers, instead of a `University with such branches as public convenience may hereafter demand,' as provided by the Constitution."
The Board of Directors of the Fairfield Branch consisted of Barnet Ristine, Christian W. Slagle, Daniel Rider, Horace Gay-lord, Bernhart Henn and Samuels. Bayard. At the first meeting of the Board Mr. Henn was elected President, Mr. Slagle Secretary, and Mr. Gaylord Treasurer.. Twenty acres of land were purchased, and a building erected thereon, costing ,2,500. This building was nearly destroyed by a hurricane, in 1850, but was re-built more substantially, all by contributions of the citizens of Fairfield. This branch never received any aid from the State or from the University Fund, and by act approved January 24, 1853, at the request of the Board, the General Assembly terminated its relation to the State.
The branch at Dubuque was placed under the control of the Superintendent of Public Instruction. The Trustees never organized, and its existence was only nominal.
The Normal Schools were located at Andrew, Oskaloosa and Mount Pleasant, respectively. Each was to be governed by a board of seven Trustees, to be appointed by the Trustees of the University. Each was to receive $500 annually from the income of the University fund, upon condition that they should educate eight common school teachers, free of charge for tuition, and that the citizens should contribute an equal sum for the erection of the requisite buildings. The several Boards of Trustees were appointed. At Andrew, the school was organized November 21, 1849. A building was commenced and over $1,000 expended on it, but it was never completed. At Oskaloosa, the Trustees organized in April, 1852. This school was opened in the Court House, September 13, 1852. A two-story brick building was completed in 1853, costing $2,473. The school at Mount Pleasant was never organized. Neither of these schools received any aid from the University fund, but in 1857 the Legislature appropriated $1,000 each for those at Oskaloosa and Andrew, and repealed the law authorizing the payment of money to them from the University fund. From that time they made no further effort to continue in operation.
At a special meeting of the Board of Trustees, held February 21, 1850, the "College of Physicians and Surgeons of the Upper Mississippi," established at Davenport, was recognized as the “College of Physicians and Surgeons of the State University of Iowa," expressly stipulating, however, that such recognition should not render the University liable for any pecuniary aid, nor was the Board to have any control over the property or management of the Medical Association. Soon after, this College was removed to Keokuk, its second session being opened there in November, 1850. In 1851, the General Assembly confirmed the action of the Board, and by act approved January 22, 1855, placed the Medical College under the supervision of the Board of Trustees of the University, and it continued in operation until this arrangement was terminated by the new Constitution, September 3, 1857.
From 1847 to 1855, the Board of Trustees was kept full by regular elections by the Legislature, and the Trustees held frequent meetings, but there was no effectual organization of the University. In March, 1855, it was partially opened for a term of sixteen weeks. July 16, 1855, Amos Dean, of Albany, N. Y., was elected President, but he never entered fully upon its duties. The University was again opened in September, 1155, and continued in operation until June, 1856, under Professors Johnson, Welton, Van Valkenburg and Guffin.
In the Spring of 1856 the capital of the State was located at Des Moines; .but there were no buildings there, and the capitol at Iowa City was not vacated by the State until December, 1857.
In June. 1856, the faculty was re-organized, with some changes, and the University was again opened on the third Wednesday of September, 1856. There were one hundred and twenty-four students-eighty-three males and forty-one females in attendance during the year 1856-7, and the first regular catalogue was published.
Article IX, Section 11, of the new State Constitution, which went into force Sept. 3, 1857, provided as follows:
The State University shall be established at one place, without branches at any other place; and the University fund shall be applied to that institution, and no other.
Article XI, Section 8, provided that
The seat of government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk; and the State University at Iowa City, m the county of Johnson.
The new Constitution created the Board of Education, consisting of the Lieutenant-Governor, who was ex-officio President, and one member to be elected from each judicial district in the State. This Board was endowed with "full power and authority to legislate and make all needful rules and regulations in relation to common schools and other educational institutions," subject to alteration, amendment or repeal by the General Assembly, which was vested with authority to abolish or re-organize the Board at any time after 1863.
In December, 1857, the old capitol building, now known as Central Hall of the University, except the rooms occupied by the United States District Court, and the property, with that exception, passed under the control of the Trustees, and became the seat of the University. The old building had had hard usage, and its arrangement was illy adapted for University purposes. Extensive repairs and changes were necessary, but the Board was with-out funds for these purposes.
The last meeting of the Board, under the old law, was held in January, 1858. At this meeting a resolution was introduced, and seriously considered, to exclude females from the University; but it finally failed.
March 12, 1858, the first Legislature under the new Constitution enacted a new law in relation to the University, but it was not materially different from the former. March 11, 1858, the Legislature appropriated $3,000 for the repair and modification of the old capitol building, and $10,000 for the erection of a boarding house, now known as South Hall.
The Board of Trustees created by the new law met and duly organized April 27, 1858, and determined to close the University until the income from its funds should be adequate to meet the current expenses, and the buildings should be ready for occupation. Until this term, the building known as the "Mechanics' Academy" had been used for the school. The Faculty, except the Chancellor (Dean), was dismisse3, and all further instruction suspended, from the close of the term then in progress until September, 1859: At this meeting, a resolution was adopted excluding females from the University after the close of the existing term; but this was afterward, in August, modified, so as to admit them to the Normal Department.
An "Act for the Government and Regulation of the State University of Iowa," approved December 25, 1858, was mainly a re-enactment of the law of March 12, 1858, except that changes were made in the Board of Trustees, and manner of their appointment. This law provided that both sexes were to be admitted on equal terms to all departments of the institution, leaving the Board no discretion in the matter.
At the annual meeting June 28, 1860, a full Faculty was appointed, and the University re-opened, under this new organization, September 19, 1860 (third Wednesday); and at this date the actual existence of the University may be said to commence.
August 19, 1862, Dr. Totten having resigned, Prof. Oliver M. Spencer was elected President and the honorary degree of Doctor of Laws was conferred upon Judge Samuel F. Miller, of Keokuk.
At the commencement, in June, 1863, was the first class If graduates in the Collegiate Department.
The Board of Education was abolished March 19, 1864 and the office of Superintendent of Public Instruction was restored; the General Assembly resumed control of the subject of education, and on March 21 an act was approved for the government of the University. It was substantially the same as the former law, but provided that the Governor should be ex-officio President of the Board of Trustees. Until 1858, the Superintendent of Public Instruction had been ex-officio President. During the period of the Board of Education, the University trustees were elected by it, and elected their own President.
The North Hall was completed late in 1866.
The Law Department was established in June, 1868, and in September following an arrangement was perfected with the Iowa Law School, at Des Moines, which had been in successful operation for three years, by which that institution was transferred to Iowa City and merged in the Law Department of the University.
At a special meeting of the Board, on the 17th of September, 1,868, a committee was appointed to consider the expediency of establishing a Medical Department. The committee reported at once in favor of the proposition, the Faculty to consist of the President of the University and seven Professors, and recommended that, if practicable, the new department should be opened at the commencement of the University year, in 1869-70.
By an act of the General Assembly, approved April 11, 1870, the "Board of Regents" was instituted as the governing power of the University, and since that time it has been the fundamental law of the institution. The Board of Regents held its first meeting June 28, 1870.
The South Hall, having been fitted up for the purpose, the first term of the Medical Department was opened October 24, 1870, and continued until March, 1871.
In June 1874, the "Chair of Military Instruction" was established, and the President of the United States was requested to detail an officer to perform its duties. At the annual meeting, in 1876, a Department of Homepathy was established. In March, 1877 a resolution was adopted affiliating the High Schools of the State with the University.
In 1872, the ex-officio membership of the Superintendent of Public Instruction was abolished, but it was restored in 1876.
The Board of Regents, in 1881, was composed as follows: John H. Gear, Governor, ex-officio, President; Carl W. VonCoelln, Superintendent of Public Instruction, ex-officio; J. L. Picard, President of the University, ex-officio. C. W. Slagle, Fairfield, First District; D. N. Richardson, Davenport. Second District; H. C. Bulis, Decorah, Third District; A. T. Reeve, Hampton, Fourth District; J. N . W. Rumple, Marengo, Fifth District; W. O. Crosby, Centerville, Sixth District; T. S. Parr, Indianola, Seventh District; Horace Everett, Council Bluffs, Eighth District; J. F. Duncombe, Fort Dodge, Ninth District. John N. Coldren, Iowa City, Treasurer; W. J. Haddock, Iowa City, Secretary.
The Regents are elected by the General Assembly, in Joint Convention, for six years, one-third being elected at each regular session., one member to be chosen from each Congressional District.
The present educational corps of the University consists of the President, nine Professors in the Collegiate Department, one Professor and six Instructors in Military Science; Chancellor, three Professors and four Lecturers in the Law Department; eight Professor demonstrators of Anatomy; Prosector of Surgery and two Lecturers in the Medical Department, and two Professors in the Homeopathic Medical Department.
STATE HISTORICAL SOCIETY.
By act of the General Assembly, approved January 28, 1851, a State Historical Society was provided for in connection with the University. At the commencement, an appropriation of $250 was made, to be expended in collecting, embodying and preserving in an authentic form, a library of books, pamphlets, charts, maps, manuscripts, papers, painting, statuary, and other materials illustrative of the history of Iowa; and with the further object to rescue from oblivion the memory of the early pioneers; to obtain and preserve various accounts of their exploits, perils and hardy ad-ventures; to secure facts and statements relative to the history and genius, and progress and decay of the Indian tribes of Iowa, to exhibit faithfully the antiquities and past and, present re-sources of the State; to aid in the publication of such collections of the society as shall, from time to time, be deemed of value and interest; to aid in binding its books, pamphlets, manuscripts and papers, and in defraying other necessary incidental expenses of the Society.
There was appropriated by law to this institution, till the General Assembly shall otherwise direct, the sum of $500 per annum. The Society is under the management of a Board of Curators, consisting of eighteen persons, nine of whom are appointed by the Governor, and nine elected by the members of the Society. The Curators receive no compensation for their services. The annual meeting is provided for by law, to be held at Iowa City on Mon-day preceding the last Wednesday in June of each year.
The State Historical Society has published a series of very valuable collections, including history, biography, sketches, reminiscences, etc., with quite a large number of finely engraved portraits of prominent and early settlers, under the title of "Annals of Iowa.'
Located at Fort Madison, Lee County.
The first act of the Territorial Legislature, relating to a Penitentiary in Iowa, was approved January 25, 1839, the fifth section of which authorized the Governor to draw the sum of $20,000 appropriated by an act of Congress approved July 7, 1838, for public buildings in the Territory of Iowa. It provided for a Board of Directors of three persons elected by the Legislature, who should direct the building of the Penitentiary, which should be located within one mile of the public square, in the town of Fort Madison, Lee County, provided Fort Madison should deed to the. Directors a tract of land suitable for a site, and assign them, by contract, a spring or stream of water for the use of the Penitentiary. To the Directors was also given the power of appointing the Warden; the latter to appoint his own assistants.
The first Directors appointed were John S. David and John Claypole. They made their first report to the Legislative Council November 9, 1839. The citizens of the town of. Fort Madison had executed a deed conveying ten acres of land for the building site. Amos Ladd was appointed Superintendent of the building June 5, 1839. The building was designed of sufficient capacity to contain one hundred and thirty-eight convicts, and estimated to cost $55,933.90. It was begun on the 9th of July, 1839; the main building and Warden's house were completed in the fall of 1841. Other additions were made from time to time till the building and arrangements were all complete according to the plan of the Directors. It has answered the purpose of the State as a Penitentiary for more than thirty years, and during that period many items of practical experience in prison management have been gained.
Located at Anamosa, Jones County.
By an Act of the Fourteenth General Assembly, approved April 23, 1872, William Ure, Foster L. Downing and Martin Heisey were constituted Commissioners to locate and provide for the erection and control of an additional Penitentiary for the State of Iowa. These Commissioners met on the 4th of the following June, at Anamosa, Jones County, and selected a site donated by the citizens, within the limits of the city. L. W. Foster & Co., architects, of Des Moines, furnished the plan, drawings and specifications, and work was commenced on the building on the 28th day of September, 1872. May 13, 1873, twenty convicts were transferred to Anamosa from the Fort Madison Penitentiary. The entire enclosure includes fifteen acres, with a frontage of 663 feet.
IOWA HOSTITAL FOR THE INSANE.
Mount Pleasant, Henry County.
By an act of the General Assembly of Iowa, approved January 24, 1855, $4,425 were appropriated for the purchase of a site, and $50,000 for building an Insane Hospital, and the Governor (Grimes), Edward Johnston, of Lee County, and Charles S. Blake, of Henry County, were appointed to locate the institution and superintend the erection of the building. These Commissioners located the institution at Mt. Pleasant, Henry County. A plan for a building designed to accommodate 300 patients was accepted, and in October work was commenced. Up to February 25,1858, and including an appropriation made on that date, the Legislature had appropriated $258,555.6.7 to this institution, but the building was not finished ready for occupancy by patients until March 1, 1861. April 18, 1876, a portion of the hospital building was destroyed by fire.
Trustees, 1881:-Timothy Whiting, Mount Pleasant; J. H. gulp, Davenport; Denison A. Hurst, Oskaloosa; John Conaway, Brooklyn; L. E. Fellows, Lansing. Mark Ranney, M. D., Mt. Pleasant, is the Medical Superintendent; C. V. Arnold, Mt. Pleas-ant, Treasurer.
HOSPITAL FOR THE INSANE.
Independence, Buchanan County.
In the winter of 1867-8 a bill providing for an additional Hospital for the insane was passed by the Legislature, and an appropriation of $125,000 was made for that purpose. Maturin L. Fisher, of Clayton County; E. G. Morgan, of Webster County, and Albert Clark, of Buchanan County, were appointed Commissioners to locate and supervise the erection of the building.
The Commissioners met and commenced their labors on the 8th day of June, 1868, at Independence. The act under which they were appointed required them to select the most eligible and desirable location, of not less than 320 acres, within two miles of the City of Independence, that might be offered by the citizens free of charge to the State. Several such tracts were offered, but the Commissioners finally selected the south half of southwest quarter of Section 5; the north half of northeast quarter of Section 7; the north half of northwest quarter of Section 8, and the north half of northeast quarter of Section 8, all in Township 88 north, Range 9 west of the Fifth Principal Meridian. This location is on the west side of the Wapsipinicon River, and about a mile from its banks, and about the same distance from Independence.
The contract for erecting the building was awarded for $88,114. The contract was signed November 7, 1868, and work was at once commenced. The main buildings were constructed of dressed limestone, from the quarries at Anamosa and Farley. The basements are of the local granite worked from the immense boulders found in large quantities in this portion of the State.
In 1872 the building was so far completed that the Commissioners called the first meeting of the Trustees, on the 10th day of July of that year. The building was ready for occupancy' April 21, 1873.
In 1877, the south wing was built, but was not completed ready for occupancy until the Spring or Summer of 1878.
Trustees, 1881:-Erastus G. Morgan, Fort Dodge, President; Jed. Lake, Independence; Mrs. Jennie C. McKinney, Decorah; Lewis H. Smith, Algona; David Hammer, McGregor; A. Reynolds, M. D., Independence, Medical Superintendent; W. G. Donnar, Independence, Treasurer.
IOWA COLLEGE FOR THE BLIND.
Tinton, Benton County.
In August, 1852, Prof. Samuel Bacon, himself blind, established an Institution for the instruction of the blind of Iowa, at Keokuk.
By act of the General Assembly, entitled "An act to establish an Asylum for the Blind," approved January 18, 1853, the institution was adopted by the State, removed to Iowa City, February 3d, and opened for the reception of pupils April 4, 1853, free to all the blind in the State.
The Board of Trustees appointed Prof: Samuel Bacon, Principal; T. J. McGittigen, Teacher of Music, and Mrs. Sarah K.. Bacon, Matron. Twenty-three pupils were admitted during the first term.
In his first report, made in 1854, Prof. Bacon suggested that the name should be changed from "Asylum for the Blind," to that of "Institution for the Instruction of the Blind." This was done in 1855, when the General Assembly made an annual appropriation for the College of $55 per quarter for each pupil. This was subsequently changed to $3,000 per annnm, and a charge of $25 as an admission fee for each pupil, which sum, with the amounts realized from the sale of articles manufactured by the blind pupils,, proved sufficient for the expenses of the institution during Mr. Bacon's administration.
On the 8th of May, 1858, the Trustees met at Vinton, and made arrangements for securing the donation of $5,000 made by the citizens of that town.
In June of that year a quarter section of land was donated for the College, by John W. O. Webb and others, and the Trustees adopted a plan for the erection of a suitable building. In 1860 the plan was modified, and the contract for enclosing let for $10,420.
In August, 1862, the building was so far completed that the goods and furniture of the institution were removed from Iowa City to Vinton, and early in October the School was opened there with twenty-four pupils.
Trustees, 1881:-Clinton O. Harrington, Vinton; S. H. Watson, Vinton, Treasurer; J.. F. White, Sidney; M. H. Westerbrook, Lyons; W. H. Leavitt, Waterloo; Jacob Springer, Watkins; Rev. Robert Carothers, Principal of the Institution and Secretary of the Board.
INSTITUTION FOR THE DEAF AND DUMB.
Council Bluffs, Pottawattarnie County.
The Iowa Institution for the Deaf and Dumb was established at Iowa City by an act of the General Assembly, approved January 24, 1855. The number of deaf mutes then in the State was 301; the number attending the Institution, 50.
A strong effort was made, in 1866, to remove this important institution to Des Moines, but it was located permanently at Council Bluffs, and a building rented for its use. In 1868, Commissioners were appointed to locate a site for, and to superintend the erection of a new building, for which the Legislature appropriated $125,-000 to commence the work of construction. The Commissioners selected ninety acres of land about two miles south of the city of Council Bluffs. The main building and one wing were completed October 1, 1870, and immediately occupied by the Institution. February 25, 1877, the main building and east wing were destroyed by fire; and August 6th, following, the roof of the new west wing was blown off and the walls partially demolished by a tornado. At the time of the fire about one hundred and fifty pupils were in attendance. After the fire, half the classes were dismissed and the number of scholars reduced to about seventy, and in a week or two the school was in running order.
Trustees, 1881:-B. F. Clayton, Macedonia, President; J. H. Stubenrauch, Pella, Treasurer; Louis Weinstein, Burlington. Rev. A. Rogers, Superintendent.
SOLDIERS' ORPHANS' HOMES.
Davenport, Cedar Falls, Glenwood.
The movement which culminated in the establishment of this benificent institution was originated by Mrs. Annie Wittenmeyer, during the civil war of 1861-65. This noble find patriotic lady called a convention at Muscatine, on the 7th day of October, 1863, for the purpose of devising measures for the support and education of the orphan children of the brave sons of Iowa, who had fallen in defense of national honor and integrity. So great was the public interest in the movement that there was a large representation from all parts of the State on the day named, and an association was organized called the Iowa State Orphan Asylum.
The first meeting of the Trustees was held February 14, 1864, in the Representative Hall, at Des Moines. Committees from both branches of the General Assembly were present and were invited to participate in their deliberations. Arrangements were made for raising funds.
At the next meeting, in Davenport, in March 1864, the Trustees decided to commence operations at once, and a committee was appointed to lease a suitable building, solicit donations, and pro-cure suitable furniture. The committee secured a large brick building in Lawrence, Van Buren County, and engaged Mr. Fuller, of Mt. Pleasant, as Steward.
At the annual meeting. in Des Moines, in June, 1864, Mrs. C. B. Baldwin, Mrs. G. G. Wright, Mrs. Dr. Horton, Miss Mary E. Shelton and Mr. George Sherman, were appointed a committee to furnish the building and take all necessary steps for opening the "Home," and notice was given that at the next meeting of the Association, a motion would be made to change the name of the Institution to Iowa Orphans' Home.
The work of preparation was conducted so vigorously that on the 13th day of July following, the Executive Committee announced that they were ready to receive the children. In three weeks twenty-one were admitted, and the number constantly in-creased, so that, in a little more than six months from the time of opening, there were seventy children admitted, and twenty more applications, which the Committee had not acted upon-all orphans of soldiers.
The "Home" was sustained by the voluntary contributions of the people until 1866, when it was assumed by the State. In that year, the General Assembly provided for the location of several such "Homes", in the different counties, and which were. established at Davenport, Scott County; Cedar Falls, Black Hawk County, and at Glenwood, Mills County.
The Board of Trustees, elected by the General Assembly, had the oversight and management of the Soldiers' Orphans' Homes of the State, and consisted of one person from each county in which such Home was located, and one for the State at large, who held their offices two years, or until their successors were elected and qualified. An appropriation of $10 per month for each orphan actually supported was made by the General Assemby.
The Home in Cedar Falls was organized in 1865, and an old hotel building was fitted up for it. January, 1866, there were ninety-six inmates.
October 12, 1869, the Home was removed to a large brick buildinw, about two miles west of Cedar Falls, and was very prosperous for several years, but in 1876, the General Assembly established a State Normal school at Cedar Falls, and appropriated the buildings and grounds for that purpose.
By "An act to provide for the organization and support of an asylum at Glenwood, in Mills County for feeble-minded children,' approved March 17, 1876, the buildings and grounds used by the Soldiers' Orphans' Home at that place were appropriated for this purpose. By another act, approved March 15, 1876, the soldiers' orphans, then at the Homes at Glenwood and Cedar Falls, were to be removed to the Home at Davenport within ninety days there after, and the Board of Trustees of the Home were authorized to receive other indigent children into that institution, and provide for their education in industrial pursuits.
Trustees, 1881: C. M. Holton, Iowa City; Seth P. Bryant, Davenport; C. C. Horton, Muscatine. S. W. Pierce, Davenport, Superintendent.
STATE NORMAL SCHOOL.
Cedar Falls, Black Hawk County.
Chapter 129 of the laws of the Sixteenth General Assembly, in 1876, established a State Normal School at Cedar Falls, Black Hawk County, and required the Trustees of the Soldiers' Orphans' Home to turn over the property in their charge to the Directors of the new institution.
The Board of Directors met at Cedar Falls June 7, 1876, and duly organized. The Board of Trustees of the Soldiers' Orphans' Home met at the same time for the purpose of turning over to the Directors the property of that institution, which was satisfactorily done and properly receipted for as required by law.
On the 12th of July, 1876, the Board again met, when executive and teachers' committees were appointed and their duties assigned. A Steward and a Matron were elected, and their respective duties defined.
The buildings and grounds were repaired and fitted up as well as the-appropriation would admit, and the first term of school opened September 6, 1876, commencing with twenty-seven and closing with eighty-seven students.
Directors, 1881:-C. C. Cory, Pella; E. H. Thayer, Clinton; G. S. Robinson, Storm Lake; N. W. Boyes, Dubuque; L. D. Lewelling, Mitchellville; J. J. Tollerton, Cedar Falls; E. Townsend, Cedar Falls, Treasurer.
ASYLUM FOR FEEBLE-MINDED CHILDREN.
Glenwood, Mills County.
Chapter 152 of the laws of the Sixteenth General Assembly, approved March 17, 1876, provided for the establishment of an asylum for feeble-minded children at Glenwood, Mills County, and the buildings and the grounds of . the Soldiers' Orphans' Home at that place were to be used for that purpose. The asylum was placed under the management of three Trustees, one at least of whom should be a resident of Mills County. Children between the ages of 7 and 18 years are admitted. Ten dollars per month for each child actually supported by the State was appropriated by the act, and $2,000 for salaries of officers and teachers for two years.
Hon. J. W, Cattell, of Polk County; A. J. Russell, of Mills County, and W. S. Robertson, were appointed Trustees, who held their first meeting at Glenwood, April 26, 1876. The Trustees found the house and farm which had been turned over to them in a shamefully dilapidated condition. The fences were broken down and the lumber destroyed or carried away; the windows broken, doors off their hinges, floors broken and filthy in the extreme, cellars reeking with offensive odors from decayed vegetables, and every conceivable variety of filth and garbage; drains obstructed, cisterns broken, pump demoralized, wind-mill broken, roof leaky, and the whole property in the worst possible conditition. It was the first work of the Trustees to make the house tenable.
The institution was opened September 1, 1876; the first pupil admitted September 4, and the school was organized September 10.
Trustees, 1881:-Fred. O'Donnell, Dubuque; S. B. Thrall, Ottumwa; E. R. S. Woodrow, Glenwood; O. W. Archibald, M. D., Medical Superintendent.
THE REFORM SCHOOL.
Eldora, Hardin County.
By "An act to establish and organize a State Reform School for Juvenile Offenders," approved March 31,1868, the General Assembly established a State Reform School at Salem, Lee (Henry), County; provided for a Board of Trustees, to consist of one per-son from each Congressional District. For the purpose of immediately opening the school, the Trustees were directed to accept the proposition of the Trustees of White's Iowa Manual Labor Institute, at Salem, and lease, for not more than ten years, the lands, buildings, etc., of the Institute, and at once proceed to prepare for and open a reform school as a temporary establishment.
The contract for fitting up the buildings was let September 21, 1868, and on the 7th of October following, the first inmate was received from Jasper County. The law provided for the admission of children of both sexes under 18 years of age. In 1876 this was amended, so that they are now received at ages over 7 and under 16 years.
April 19, 1872, the Trustees were directed to make a permanent location for the school, and $45,000 was appropriated for the erection of the necessary buildings. The. Trustees were further directed, as soon as practicable, to organize a school for girls in the buildings where the boys were then kept.
The Trustees located the school at Eldora, Hardin County, and in the code of 1873, it is permanently located there by law.
The institution is managed by five Trustees, who. are paid mile-age, but no compensation for their services.
The object is the reformation of children of both sexes, under the age of 16 and over 7 years of age; and the law requires that the Trustees shall require the boys and girls under their charge to be instructed in piety and morality, and in such branches of useful knowledge as are adapted to their age and capacity, and in some regular course of labor, either mechanical, manufacturing or agricultural, as is best suited to their age, strength, disposition and capacity, and as may seem best adapted to secure the reformation and future benefit of the boys and girls.
A boy or girl committed to the State Reform School is there kept, disciplined, instructed, employed and governed, under the direction of the Trustees, until he or she arrives at the age of majority, or is bound out, reformed or legally discharged. The binding out or discharge of a boy or girl as reformed, or having arrived at the age of majority, is a complete release from all penalties incurred by conviction of the crime for which he or she is committed.
Trustees, 1881:-J. A. Parvin, Muscatine, President; W. J. Moir, Eldorado, Treasurer; W. G. Stewart, Dubuque: J. T. Moor-head, Ely; T. E. Corkhill, Mount Pleasant; B. J. Miles, Eldora, Superintendent. L. D. Lewelling is Superintendent of the Girl's Department, at Mitchellville, Polk County.
FISH HATCHING ESTABLISHMENT.
Near Anamosa, Jones County.
The Fifteenth General Assembly, in 1874. passed "An act to provide for the appointment of a Board of Fish Commissioners for the construction of fishways for the protection and propagation of fish;" also "an act to provide for furnishing the rivers and lakes with fish and fish spawn." This act appropriated $3,000 for the purpose. In accordance with the provisions of the first act above mentioned, on the 9th of April, 1874, S. B. Evans, of Ottumwa, Wapello County; B. F. Shaw, of Jones County, and Charles A. Haines, of Black Hawk County. were appointed to be Fish Commissioners by the Governor. These Commissioners met at Des Moines, May 10, 1874, and organized by the election of Mr. Evans, President; Mr. Shaw, Secretary and Superintendent, and Mr. Haines, Treasurer.
The State was partitioned into three districts or divisions to en-able the Commissioners to better superintend the construction of fishways as required by law. At this meeting, the Superintendent was authorized to build a State Hatching House; w procure the spawn of valuable fish adapted to the waters of Iowa; hatch and prepare the young fish for distribution, and assist in putting them into the waters of the State.
In compliance with these instructions, Mr. Shaw at once commenced work, and in the summer of 1874, erected a "State Hatching House" near Anamosa, 20x40 feet, two stories; the second story being designed for a tenement; the first story being the "hatching room." The hatching troughs are supplied with water from a magnificent spring, four feet deep and about ten feet in diameter, affording an abundant and unfailing supply of pure running water. = During the first year, from May 10, 1874, to May 10, 1875, the Commissioners distributed within the State 100,000 shad, 300,000 California salmon, 10,000 bass, 80,000 Penobscot (Maine) salmon, 5,000 land-locked salmon, 20,000 of other species.
By act approved March 10, 1876, the law was amended so that there should be one instead of three Fish Commissioners, and B. F. Shaw was appointed, and the Commissioner was authorized to purchase twenty acres of land, on which the State Hatching House was located, near Anamosa.
In the fall of 1876, Commissioner Shaw gathered from the sloughs of the Mississippi, where they would have been destroyed, over a million and a half of small fish, which .were distributed in the various rivers of the State and turned into the Mississippi.
In 1875-6, 533,000 California salmon, and in 1877, 303,500 lake trout were distributed in various rivers and lakes in the State. The experiment of stocking the small streams with brook trout is being tried, and 81,000 of the speckled beauties were distributed in 1877. In 1876, 100,000 young eels were distributed. These came from New York, and they are increasing rapidly.
A. A. Mosier, of Spirit Lake, was appointed Assistant Fish Commissioner by the Governor, under Chapter 156, Laws of 1880.
THE PUBLIC LANDS.
The grants of public lands made in the State of Iowa, for various purposes, are as follows:
1. The 500,000 Acre Grant.
2. The 16th Section Grant.
3. The Mortgage School Lands.
4. The University Grant.
5. The Saline Grant.
6. The Des Moines River Grant.
7. The Des Moines River School Lands.
8. The Swamp Land Grant.
9. The Railroad Grant.
10. The Agricultural College Grant.
I. THE FIVE HUNDRED THOUSAND ACRE GRANT.
When the State was admitted into the Union she became en-titled to 500,000 acres of land by virtue of an act of Congress, approved September 4, 1841, which granted to each State therein specified 500,000 acres of public land for internal improvements; to each State admitted subsequently to the passage of the act, an amount of land which, with the amount that might have been granted to her as a Territory, would amount to 500,000 acres. All these lands were required to be selected within the limits of the State to which they were granted.
The Constitution of Iowa declares that the proceeds of this grant, together with all lands then granted or to be granted by Congress for the benefit of schools, shall constitute a perpetual fund for the support of schools throughout the State. By an act approved January 15, 1849, the Legislature established a Board of School Fund Commissioners, and to that Board was confided the selection, care and sale of these lands for the benefit of the School Fund. Until 1855, these Commissioners were subordinate to the Superintendent of Public Instruction, but on the 15th of January of that year, they were clothed with exclusive authority in the management and sale of school lands. The office of School Fund Commissioner was abolished March 23, 1858, and that officer in each county was required to transfer all papers to and make full settlement with the County Judge. By this act, County Judges and Township Trustees were made the agents of the State to control and sell the sixteenth sections; but no further provision was made for the sale of the 500,000 acre grant until April 3d, 1860, when the entire management of the school lands was committed to the Boards of: Supervisors of the several counties.
II. THE SIXTEENTH SECTIONS.
By the provisions of the act of Congress admitting Iowa to the Union, there was granted to the new State the sixteenth section in every township, or where that section had been sold, other lands of like amount for the use of schools. The Constitution of the State provides that the proceeds arising from the sale of these sections shall constitute a part of the permanent school fund. The control and sale of these lands were vested in the School Fund Commissioners of the several counties until March 23, 1858, when they were transferred to the County Judges and Township Trustees, and were finally placed under the supervision of the County Boards of Supervisors in January, 1861.
III. THE MORTGAGE SCHOOL LANDS.
These do not belong to any of the grants of land proper. They are lands that have been mortgaged to the school fund, and became school lands when bid off by the State by virtue of a law passed in 1862. Under the provisions of the law regulating the management and investment of the permanent school fund, persons de-siring loans from that fund are required to secure the payment thereof with interest at ten per cent. per annum, by promissory notes endorsed by two good sureties and by mortgage on unincumbered real estate, which must be situated in the county where the loan is made, and which must be valued by three appraisers. Making these loans and taking the required securities was made the duty of the County Auditor, who was required to report to the Board of Supervisors at each meeting thereof, all notes, mortgages and abstracts of title connected with the school fund, for examination.
When default was made of payment of money so secured by mortgage, and no arrangement made for extension of time as the law provides, the Board of Supervisors were authorized to bring suit and prosecute it with diligence to secure said fund; and in action in favor of the county for the use of the school fund, an injunction may issue without bonds, and in any such action, when service is made by publication, default and judgment may be entered and enforced without bonds. In case of sale of land on execution founded on any such mortgage, the atttorney of the board, or other person duly authorized, shall, on behalf of the State or county for the use of said fund, bid such sum as the interests of said fund may require, and if struck off to the State the land shall be held and disposed of as the other lands belonging to the fund. These lands are known as the Mortgage School. Lands, and reports of them, including description and amount, are required to be made to the State Land Office.
IV. UNIVERSITY LANDS.
By act of Congress July 20, 1840, a quantity of land, not exceeding two entire townships, was reserved in the Territory of Iowa for the use and support of a university within said Territory when it should become a State. This land was to be located in tracts of not less than an entire section, and could be used for no other purpose than that designated in the grant. In an act supplemental to that for the admission of Iowa, March 3, 1845, the grant was renewed, and it was provided that the lands should be used "solely for the purpose of such university, in such manner as the Legislature may prescribe."
Under this grant there were set apart and approved by the Secretary of the Treasury, for the use of the State, the following lands:
In the Iowa City Land District, Feb. 29, 1849 .......... 20,150.49
In the Fairfield Land District, Oct. 17, 1849 ............ 9,685.20
In the Iowa City Land District, Jan. 28, 1850 .......... 2,571.81
In the Fairfield Land District, Sept. 10, 1850 .......... 3,198.20
In the Dubuque Land District, May 19, 1852 .......... 10,552.24
Total ....................................................... 45,957.94
These lands were certified to the State November 19, 1859. The University lands are placed by law under the control and management of the Board of Trustees of the Iowa State University. Prior to 1865 there had been selected and located under 282 patents, 22,892 acres in sixteen counties, and 23,036 acres unpatented, making a total of 45,928 acres.
V. SALINE LANDS.
By act of Congress approved March 3, 1845, the State of Iowa was granted the use of the salt springs within her limits, not exceeding twelve. By a subsequent act, approved May 27, 1852,
Congress granted the springs to the State in fee simple, together with six sections of land contiguous to each, to be disposed of as the Legislature might direct . In 1861 the proceeds of these lands then to be sold were constituted a fund for founding and supporting a lunatic asylum, but no sales were made. In 1856 the proceeds of the saline lands were appropriated to the Insane Asylum, repealed in 1858. In 1860, the saline lands and funds were made a part of the permanent fund of the State University. These lands were located in Appanoose, Davis, Decatur, Lucas, Monroe, Van Buren and Wayne counties.
VI. THE DES MOINES RIVER GRANT.
By act of Congress, approved August 8, 1846, a grant of land was made for the improvement of the navigation of Des Moines River, as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, granted to said Territory of Iowa for the purpose of aiding said Territory to improve the navigation of the Des Moines River from its mouth to the Racoon Fork (so called) in said Territory, one equal moiety, in alternate sections, of the public lands (remaining unsold and not otherwise disposed of, incumbered or appropriated), in a strip five miles in width on each side of said river, to be selected within said Territory by an agent or agents to be appointed by the Governor thereof, subject to the approval of the Secretary of the Treasury of the United States.
SEC. 2. And be it further enacted, That the lands hereby granted shall not be conveyed or disposed of by said Territory, nor by any State to be formed out of the same, except as said improvement shall progress; that is, the said. Territory or State may sell so much of said lands as shall produce the sum of thirty thousand dollars, and then the sales shall cease until the Governor of said Territory or State shall certify the fact to the President of the United States that one-half of said sum has been expended upon said improvements, when the said Territory or State may sell and convey a quantity of the residue of said lands sufficient to replace the amount expended and thus the sales shall progress as the proceeds thereof shall be expended, and the fact of such expenditure shall be certified as aforesaid.
SEC. 3. And be it further enacted, That the said River Des Moines shall be and forever remain a public highway for the use of the Government of the United States, free from any toll or other charge whatever, for any property of the United States or persons in their service passing through or along the same; Provided always, That it shall not be competent for the said Territory or future State of Iowa to dispose of said lands, or any of them, at a price lower than, for the tan , being, shall be the minimum price of other public lands.
SEC. 4. And be it further enacted, That whenever the Territory of Iowa shall be admitted into the Union as a State, the lands hereby granted for the above purpose shall be and become the property of said State for the purpose contemplated in this act, and for no other; Provided, the Legislature of the State of Iowa shall accept the said grant for the said purpose. Approved August 8, 1846.
By joint resolution of the General Assembly of Iowa, approved January 9, 1847, the grant was accepted for the purpose specified. By another act, approved February 24, 1847, entitled `An act creating the Board of Public Works, and providing for the improvement of the Des Moines River," the Legislature provided for a Board consisting of a President, Secretary and Treasurer, to be elected by the people. This Board was elected August 2, 1847, and was organized on the 22d of September following. The same act defined the nature of the improvement to be made, and provided that the work should be paid for from the funds to be de-rived from the sale of lands to be sold by the Board.
Agents appointed by the Governor selected the sections designated by "odd numbers" throughout the whole extent of the grant, and this selection was approved by the Secretary of the Treasury. But there was a conflict of opinion as to the extent of the grant. It was held by some that it extended from the mouth of the Des Moines River only to the Racoon Forks; others held, as the agents to make selection evidently did, that it extended from the mouth to the headwaters of the river. Richard M. Young, Commissioner of the General Land office, on the 23d of February, 1848, construed the grant to mean that "the State is entitled to the alternate sections within five miles of the Des Moines River, throughout the whole extent of that river within the limits of Iowa. Under this construction, the alternate sections above the Raccoon Forks would, of course, belong to the State; but on the 19th of June, 1848, some of these lands were, by proclamation, thrown into market. On the 18th of September, the Board of Public Works filed a remonstrance with the Commissioner of the General Land office. The Board also sent in a protest to the State Land Office, at which the sale was ordered to take place. On the 8th of January, 1849, the Senators and Representatives in Congress from Iowa also protested against the sale, in a communication to Hon. Robert J. Walker, Secretary of the Treasury, to which the Secretary replied, concurring in the opinion that the grant extended the whole length of the Des Moines River in Iowa.
On the 1st of June, 1849, the Commissioner of the General Land Office directed the Register and Receiver of the Land Office at Iowa City "to withhold from sale all lands situated in the odd numbered sections within five miles on each side of the Des Moines River above the Raccoon Forks." March 13, 1850, the Commissioner of the General Land Office submitted to the Secretary of the Interior a list "showing the tracts falling within the limits of the Des Moines River grant, above the Raccoon Forks, etc., under the decision of the Secretary of the Treasury, of March 2, 1849," and on the 6th of April following Mr. Ewing, then Secretary of the Interior, reversed the decision of Secretary Walker, but ordered the lands to be withheld from sale until Congress could have an opportunity to pass an explanatory act. The Iowa authorities appealed from this decision to the President (Taylor), who referred the matter to the Attorney General (Mr. Johnson). On the 19th of July, Mr. Johnson submitted as his opinion, that by the terms of the grant itself, it extended to the very source of the Des Moines, but before his opinion was published President Taylor died. When Mr. Tyler's cabinet was formed, the question was submitted to the new Attorney General (Mr. Crittenden), who, on the 30th of June, 1851, reported that in his opinion the grant did not extend above the Raccoon Forks. Mr. Stewart, Secretary of the Interior, concurred with Mr. Crittenden at first, but subsequently consented to lay the whole subject before the President and Cabinet, who decided in favor of the State.
October 29, 1851, Mr. Stewart directed the Commissioner of the General Land Office to "submit for his approval such lists as had been prepared, and to proceed to report for like approval lists of the alternate sections claimed by the State of Iowa above the Raccoon Forks, as far as the surveys have progressed, or may here-after be completed and returned." And on the following day, three lists of these lands were prepared in the General Land Office.
The lands approved and certified to the State of Iowa under this grant, and all lying above the Raccoon Forks, are as follows:
By Secretary Stewart, Oct. 30, 1851 ..............81,707.93 acres.
March 10, 1852 ....... 143,908.37 "
By Secretary McLellan, Dec. 17, 1853 .......... 33,142.43 “
Dec. 30, 1853 ...........12,813.51 "
Total .................................................271,572.24 acres.
The Commissioners and Register of the Des Moines River, Improvement, in their report to the Governor, November 30, 1852, estimate the total amount of lands then available for the work, including those in possession of the State and those to be surveyed and approved, at nearly a million acres. The indebtedness then standing against the fund was about $108,000, and the Commissioners estimated the work to be done would cost about $1,200,000.
January 19, 1853, the Legislature authorized the Commissioners to sell "any or all the lands which have or may hereafter be granted, for not less than $1,300,000."
On the 24th of January, 1853, the General. Assembly provided for the election of a Commissioner by the people, and appointed two Assistant Commissioners, with authority to make a contract, selling the lands of the Improvement for $1,300,000. This new Board made a contract, June 9, 1855, with the Des Moines Navigation & Railroad Company, agreeing to sell all the lands donated to the State by Act of Congress of August 8, 1846, which the State had not sold prior to December 23, 1853, for $1,300,000, to be expended on the improvement of the river, and in paying the indebtedness then due. This contract was duly reported to the Governor and General Assembly.
By an act approved January 25, 1855, the Commissioner and Register of the Des Moines River Improvement were authorized to negotiate with the Des Moines Navigation & Railroad Company for the purchase of lands in Webster County, which had been sold by the School Fund Commissioner as school lands, but which had been certified to the State as Des Moines River lands, and had, therefore, become the property of the Company, under the pro-visions of its contract with the State.
March 21, 1856, the old question of the extent of the grant was again raised, and the Commissioner of the General Land Office decided that it was limited to the Raccoon Fork. Appeal was made to the Secretary of the Interior, and by him the matter was referrred to the Attorney General, who decided that the grant ex-tended to the northern boundary of the State; the State relinquished its claim to the lands lying along the river in Minnesota, and the vexed question was supposed to be finally settled.
The land which had been certified, as well as those extending to the northern boundary within the limits of the grant, were re-served from pre-emption and sale by the General Land Commissioner, to satisfy the grant of August 8, 1846, and they were treated as having passed to the State, which from time to time sold portions of them prior to their final transfer to the Des Moines Navigation & Railroad Company, applying the proceeds thereof to the improvement of the river in compliance with the terms of the grant. Prior to the final sale to the Company, June 9, 1854, the State had sold about 327,000 acres, of which amount 58,830 acres were located above the Raccoon Fork. The last certificate of the General Land Office bears date December 30, 1853.
After June 9th, 1854, the Des Moines Navigation & Railroad Company carried on the work under its contract with the State. As the improvement progressed, the State, from time to time, by its authorized officers, issued to the Company, in payment for said work, certificates for land. But the General Land Office ceased to certify lands under the grant of 1846. The State had made no other provision for paying for the improvements, and disagreements and misunderstanding arose between the State authorities and the Company.
March 22, 1858, a joint resolution was passed by the Legislature submitting a proposition for final settlement to the Company, which was accepted. The Company paid to the State $20,000 in cash, and released and conveyed the dredge boat and materials named in the resolution; and the State, on the 3d day of May, 1858, executed to the Des Moines Navigation & Railroad Company fourteen deeds or patents to the lands, amounting to 256,703.64 acres. These deeds were intended to convey all the lands of this grant certified to the State by the General Government not previously sold; but, as if for the purpose of covering any tract or parcel that might have been omitted, the State made another deed of conveyance on the 18th day of May, 1858. These fifteen deeds, it is claimed, by the Company, convey 266,108 acres, of which about 53,367 are below the Raccoon Fork, and the balance, 212,741 acres, are above that point.
Besides the lands deeded to the Company, the State had deeded to individual purchasers 58,830 acres above the Raccoon Fork, making an aggregate of 271,571 acres, deeded above the Fork, all of which had been certified to the State by the Federal Government.
By act approved March 28, 1858, the Legislature donated the remainder of the grant to the Keokuk, Fort Des Moines & Minnesota Railroad Company, upon condition that said Company assumed all liabilities resulting from the Des Moines River improvement operations, reserving 50,000 acres of the land in security for the payment thereof, and for the completion of the locks and dams at Bentonsport, Crotton, Keosauqua and Plymouth. For every three thousand dollars' worth of work done on the locks and dams, and for every three thousand dollars paid by the Company of the liabilities above mentioned, the Register of the State Land Office was instructed to certify to the Company 1,000 acres of the 50,000 acres reserved for these purposes. Up to 1865, there had been presented by the Company, under the provisions of the act of 1858, and allowed, claims amounting to 109,579.37, about seventy-five per cent. of which had been settled.
After the passage of the act above noticed, the question of the extent of the original grant was again mooted, and at the December term of the Supreme Count of the United States, in 1859-60, a decision was rendered declaring that the grant did not ex-tend above Raccoon Fork, and that all certificates of land above the Fork had been issued without authority of law and were, therefore, void (see 23 How., 66).
The State of Iowa had disposed of a large amount of land with-out authority, according to this decision, and appeal was made to Congress for relief, which was granted on the 3d day of March, 1861, in a joint resolution relinquishing to the State all the title which the United States then still retained in the tracts of land along the Des Moines River above Raccoon Fork, that had been. improperly certified to the State by the Department of the Interior, and which is now held by bona fide purchasers under the State of Iowa.
In confirmation of this relinquishment, by act approved July 12, 1862, Congress enacted:
That the grant of lands to the then Territory of Iowa for the improvement of the Des Moines River, made by the act of August 8, 1846, is hereby extended so as to include the alternate sections (designated by odd numbers) lying within five miles of said river, between the Raccoon Fork and the northern boundary of said State; such lands are to be held and applied in accordance with the provisions of the original grant, except that the consent of Congress is hereby given to the application of a portion thereof to aid in the construction of the
Keokuk, Fort Des Moines & Minnesota Railroad, in accordance with the pro-visions of the act of the General Assembly of the State of Iowa approved March 22, 1858. And if any of the said lands shall have been sold or otherwise disposed of by the United States before the passage of this act, except those re-leased by the United States to the grantees of the State of Iowa, under joint resolution of March 3, 1861, the Secretary of the Interior is hereby directed to set apart an equal amount of lands within said State to be certified in lieu thereof: Provided, that if the State shall have sold and conveyed any portion of the lands lying within the limits of the grant the title of which has proved in-valid, any lands which shall be certified to said State in lieu thereof by virtue of the provisions of this act, shall inure to and be held as a trust fund for the benefit of the person, or persons, respectively, whose titles shall have failed as aforesaid.
The grant of lands by the above act of Congress was accepted by a joint resolution of the General Assembly, Sept. 11, 1862, in extra session. On the same day, the Governor was authorized to appoint one or more Commissioners to select the lands in accordance with the grant. These Commissioners were instructed to report their selections to the Registrar of the State Land Office. The lands so selected were to be held for the purposes of the grant, and were not to be disposed of until further legislation should be had. D. W. Kilburne, of Lee County, was appointed Commissioner, and, on the 25th day of April, 1864, the General Land Officer authorized the selection of 300,000 acres from the vacant public lands as a part of the grant of July 12, 1862, and the selections were made in the Fort Dodge and Sioux City Land Districts.
Many difficulties, controversies and conflicts, in relation to claims and titles, grew out of this grant, and these difficulties were enhanced by the uncertainty of its limits until the act of Congress of July, 1862. But the General Assembly sought, by wise and appropriate legislation, to protect the integrity of titles derived from the State. Especially was it the determination to protect the actual settlers, who had paid their money and made improvements pr or to the final settlement of the limits of the grant by Congress.
VII.-THE DES MOINES RIVER SCHOOL LANDS.
These lands constituted a part of the 500,000 acre grant made by Congress in 1841; including 28,378.46 acres in Webster County, selected by the Agent of the State under that grant, and approved by the Commissioner of the General Land Office February 20, 1851. They were ordered into the market June 6, 1853, by the Superintendent of Public Instruction, who authorized John Tolman, School Fund Commissioner for Webster County, to sell them as school lands. Subsequently, when the act of 1846 was construed to extend the Des Moines River grant above Raccoon Fork, it was held that the odd numbered sections of these lands within five miles of the river were appropriated by that act, and on the 30th day of December, 1853, 12,813.51 acres were set apart and approved to the State by the Secretary of the Interior, as a part of the Des Moines River grant. January 6, 1854, the Commissioner of the General Land Office transmitted to the Superintendent of Public Instruction a certified copy of the lists of these lands, indorsed by the Secretary of the Interior. Prior to this action of the Department, however, Mr. Tolman had sold to individual purchasers 3,194.28 acres as school lands, and their titles were, of course, killed. For their relief, an act, approved April 2, 1860, provided that, upon application and proper showing, these purchasers should be entitled to draw from the State Treasury the amount they had paid, with ten per cent. interest, on the contract to purchase made with Mr. Tolman. Under this act, five applications were made prior to 1864, and the applicants received, in the aggregate, $949.53.
By an act approved April 7, 1862, the Governor was forbidden to issue to the Dubuque & Sioux City Railroad Company any certificate of the completion of any part of said road, or any conveyance of lands, until the company should execute and file, in the State Land office, a release of its claim-first to certain swamp lands; second, to the Des Moines River Lands sold by Tolman; third, to certain other river lands. That act provided that `the said company shall transfer their interests in those tracts of land in Webster and Hamilton Counties heretofore sold by John Tolman, School Fund Commissioner, to the Register of the State Land Office in trust, to enable said Register to carry out and per-form said contracts in all cases when he is called upon by the parties interested to do so, before the 1st day of January, A. D., 1864.
The company filed its release to the Tolman lands, in the Land Office, February 27, 1864, at the same time entered its protest that it had no claim upon them, never had pretended to have, and had never sought to claim them. The Register of the State Land Office, under the advice of the Attorney General, decided that patents would be issued to the Tolman purchasers in all cases where contracts had been made prior to December 23, 1853, and remaining uncancelled under the act of 1860. But before any were is-sued, on the 27th of August, 1864, the Des Moines Navigation and Railroad Company commenced a suit in Chancery, in the District Court of Polk County, to enjoin the issue of such patents. On the 30th of August, an ex paste injunction was issued. In January, 1868, Mr. J. A. ,Harvey, Register of the Land Office, filed in the court an elaborate answer to plaintiffs' petition, denying that the company had any right to or title in the lands. Mr. Harvey's successor, Mr. C. C. Carpenter, filed a still more exhaustive answer February 10, 1868. August 3, 1868, the District Court dissolved the injunction. The company appealed to the Supreme Court, where the decision of the lower court was affirmed in December, 1869.
VIII. SWAMP LAND GRANT.
An act of Congress, approved March 28, 1850, to enable Arkansas and other States to reclaim swampy lands within their limits, granted all the swamp and overflowed lands remaining unsold within their respective limits to the several States. Although the total amount claimed by Iowa under this act does not exceed 4,000,000 acres, it has, like the Des Moines River and some of the land grants, cost the State considerable trouble and expense, and required a deal of legislation. The State expended large sums of money in making the selections, securing proofs, etc., but the General Government appeared to be laboring under the impression that Iowa was not acting in good faith; that she had selected a large amount of lands under the swamp land grant, transferred her interest to counties, and counties to private speculators, and the General Land office permitted contests as to the character of the lands already selected by the Agents of the State as "swamp lands." Congress, by joint resolution December 18, 1856, and by act March 3, 1857, saved the State from the fatal result of this ruinous policy. Many of these lands were selected in 1854 and 1855, immediately after several remarkably wet seasons, and it was but natural that some portions of the selections would not appear swampy after a few dry seasons. Some time after these first selections were made, persons desired to enter parcels of the so-called swamp lands and offering to prove them to be dry. In such cases the General Land office ordered hearing before the local land officers, and if they decided the land to be dry, it was permitted to be entered and the claim of the State rejected. Specula-tors took advantage of this. Affidavits were bought of irresponsible and reckless men, who, for a few dollars, would confidently testify to the character of lands they never saw. These applications multiplied until they covered 3,000,000 acres. It was necessary that Congress should confirm all these selections to the State, that this gigantic scheme of fraud and plunder might be stopped. The act of Congress of March 3, 1857, was designed to accomplish this purpose. But the Commissioner of the General Land office held that it was only a qualified confirmation and under this construction sought to sustain the action of the Department in rejecting the claim of the State, and certifying them under act of May 15, 1856, under which the railroad companies claimed all swamp land in odd numbered sections within the limits of their respective roads. This action led to serious complications. When the railroad grant was made, it was not intended, nor was it understood that it included any of the swamp lands. These were already disposed of by previous grant. Nor did the companies• expect to receive any of them, but under the decision of the Department adverse to the State the way was opened, and hey were not slow to enter their claims. March 4, 1862, the Attorney General of the State submitted to the General Assembly an opinion that the railroad companies were not entitled even to con-test the right of the State to these lands, under the swamp land grant. A letter from the Acting Commissioner of the General Land Office expressed the same opinion, and the General Assembly by joint resolution, approved April 7, 1862, expressly repudiated the acts of the railroad companies, and disclaimed any intention to claim these lands under any other than the act of Congress of September 28, 1850. A great deal of legislation has been found necessary in relation to these swamp lands.
IX. THE RAILROAD GRANT.
One of the most important grants of public lands to Iowa for purposes of internal improvement was that known as the "Rail-road Grant," by act of Congress, approved May 15, 1856. This act granted to the State of Iowa, for the purpose of aiding in the construction of railroads from Burlington, on the Mississippi River, to a point on the Missouri River, near the mouth of Platte River; from the city of Davenport, via Iowa City and Fort Des Moines to Council Bluffs; from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad, near Maquoketa; thence on said main line, running as near as practicable to the Forty-second Parallel; across the said State of Iowa to the Missouri River; from the city of Dubuque to a point on the Missouri River near Sioux City, with a branch from the mouth of the Tete des Morts, to the nearest point on said road, to be completed as soon as the main road is completed to that point, every alternate section of land designated by odd numbers, for six sections in width, on each side of said roads. It was also provided that if it should appear, when the lines of those roads were definitely fixed, that the United States had sold, or right of pre-emption had attached to any portion of said land, the State was authorized to select a quantity equal thereto, in alternate sections, or parts of sections, within fifteen miles of the line so located. The lands remaining to the United States within six miles on each side of said roads were not to be sold for less than the double mininum price of the public lands when sold, nor were any of said lands to become subject to private entry until they had been first offered at public sale at the increased price.
Section 4 of the act provided that the lands granted to said State shall be disposed of by said State only in the manner following, that is to say: "That a quantity of land not exceeding one hundred and twenty sections for each of said roads, and included within a continuous length of twenty miles of each of said roads, may be sold; and when the Governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads having twenty continuous miles completed as afore-said, and included within a continuous length of twenty miles of each of such roads, may be sold; and so from time to time until said roads are completed, and if any of said roads are not completed within ten years, no further sale said shall be made, and the lands unsold shall revert to the United States."
At a special session of the General Assembly of Iowa, by act approved my 14, 1856, the grant was accepted and the lands were granted by the State to the several railroad companies named, provided that the lines of their respective roads should be definitely fixed and located before April 1, 1857; and provided, further, that if either of said companies should fail to have seventy-five miles of road completed and equipped by the 1st day of December, 1859, and its entire road completed by December 1, 1865, it should be competent for the State of Iowa to resume all rights to lands remaining undisposed of by the company so failing.
The railroad companies, with the single exception of the Iowa Central Air Line, accepted the several grants in accordance with the provisions of the above act, located their respective roads and selected their lands. The grant to the Iowa Central was again granted to the Cedar Rapids & Missouri River Railroad Company, which accepted it.
By act, approved April 7, 1862, the Dubuque & Sioux City Rail-road Company was required to execute a release to the State of certain swamp and school lands, included within the limits of its grant, in compensation for an extension of the time fixed for the completion of its road.
A careful examination of the act of Congress does not reveal any special reference to railroad companies. The lands were granted to the State, and the act evidently contemplated the sale of them by the State, and the appropriation of the proceeds to aid in the construction of certain lines of railroad within its limits. Section 4 of the act clearly defines the authority of the State in disposing of the lands.
Lists of all the lands embraced by the grant were made, and certified to the State by the proper authorities. Under an act of Congress approved August 3, 1864, entitled, "An act to vest in the several States and Territories the title in fee of the lands which have been or may be certified to them," these certified lists, the originals of which are filed in the General Land Office, conveyed to the State "the fee simple title to all the lands embraced in such lists that are of the character contemplated" by the terms of the act making the grant, and "intended to be granted thereby; but where lands embraced in such lists are not. of the character embraced by such act of Congress, and were not intended to be granted thereby, said lists, so far as these lands are concerned, shall be perfectly null and void; and no right, title, claim or interest shall be conveyed thereby." Those certified lists made under the act of May 15, 1856, were forty-three in number, viz.: For the Burlington & Missouri River Railroad, nine; for the Mississippi & Missouri Railroad, eleven; for the Iowa Central Air Line, thirteen; and for the Dubuque & Sioux City- Railroad, ten. The lands thus approved to the State were as follows:
Burlington & Missouri River R. R ................. 287,095.34 acres
Mississippi & Missouri River R. R ................ 74,674.36 "
Cedar Rapids & Missouri River R. R ............ 75,454.19 "
Dubuque & Sioux City R. R ......................1,226,558.32 "
A portion of these had been selected as swamp lands by the State, under the act of September 28, 1850, and these, by the terms of the act of August 3, 1854, could not be turned over to the rail-roads unless the claim of the State to them as swain') was first rejected. It was not possible to determine from the records of the Mate Land Office the extent of the conflicting claims arising under the two grants, as copies of the swamp land selections in some of the counties were not filed of record. The Commissioner of the General Land Office, however, prepared lists of the lands claimed by the State as swamp under the act of September 28, 1850, and also claimed by the railroad companies under act of May 15, 1856, amounting to 553,293.33 acres, the claim to which as swamp had been rejected by the Department. These were consequently certified the State as railroad lands. There was no mode other than the act of July, 1856, prescribed for transferring the title to these lands from the State to the companies. The courts had decided that, for the purposes of the grant, the lands belonged to the State, and to her the companies should look for their titles. It was. generally accepted that the act of the Legislature of July, 1856, was all that was necessary to complete the transfer of title. It was assumed that all the rights and powers conferred upon the State by the act of Congress of May 14, 1856, were by the act of the General Assembly transferred to the companies; in other words that it was designed to put the companies in the place of the State as the grantees from Congress-and, therefore, that which perfected the title thereto to the State perfected the title to the companies by virtue of the act of July, 1856. One of the companies, however, the Burlington & Missouri River Railroad Company, was not entirely satisfied with this construction. Its managers thought that some further and specific action of the State authorities in addition to the act of the Legislature was necessary to complete their title. This induced Gov. Lowe to attach to the certified lists his official certificate, tinder the broad seal of the State. On the 9th of November, 1859, the Governor thus certified to them (commencing at the Missouri River) 187,207.44 acres, and December 27th, 43,775.70 acres, an aggregate of 231,073.14 acres. These were the only lands under the grant that were certified by the State authorities with any design of perfecting the title already vested in the company by the act of July, 1856. The lists which were. afterward furnished to the company were simply certified by the Governor as being correct copies of the lists received by the State from the United States General Land Office. These subsequent lists embraced lands that had been claimed by the State under the Swamp Land Grant.
It was urged against the claim of the Companies that the effect of the act of the Legislature was simply to substitute them for the State as parties to the grant. 1st. That the lands were granted to the State to be held in trust for the accomplishment of a specific purpose, and therefore the State could not part with the title until that purpose should have been accomplished. 2d. That it was not the intention of the act of July 14, 1856, to deprive the State of the control of the lands, but on the contrary that she should retain supervision of them and the right to withdraw all rights and powers and resume the title conditionally conferred by that act upon the companies in the event of their failure to complete their part of the contract. 3d. That the certified lists from the General Land Office vested the title in the State only by virtue of the act of Congress approved August 3, 1854. The State Land Office held that the proper_ construction of the act of July 14, 1856, when accepted by the companies was that it became a conditional contract that might ripen into a positive sale of the lands as from time to time the work should progress, and as the State thereby became authorized by the express terms of the grant to sell them.
This appears to have been the correct construction of the act, but by . a subsequent act of Congress, approved June 2, 1864, amending the act of 1856, the terms of the grant were changed, and numerous controversies arose between the companies and the State
The ostensible purpose of this additional act was to allow the Davenport & Council Bluffs Railroad "to modify or change the location of the uncompleted portion of its line," to run through the town of Newton, Jasper county, or as nearly as practicable to that point. The original grant had been made to the State to aid in the construction of railroads within its limits, and not to the companies, but Congress, in 1864, appears to have been utterly ignorant of what had been done under the act of 1856, or, if not, to have utterly disregarded it. The State had accepted the origin-al grant. The Secretary of the Interior had already certified to the State all the lands intended to be included in the grant within fifteen miles of the lines of the . several railroads. It will be remembered that section 4, of the act of May 15, 1856, specifies the manner of sale of these lands from time to time as work on the railroads should progress, and also provided that "if any of said roads are not completed within ten years, no further sale shall be made, and the lands unsold shall revert to the United States." Having vested the title to these lands in trust, in the State of Iowa, it is plain that until the expiration of the ten years there could be no reversion, and the State, not the United States, must control them until the grant should expire by limitation. The United States authorities could not rightfully require the Secretary of the Interior to certify directly to the companies any portion of the lands already certified to the State. And yet Congress, by its act of June 2, 1864, provided that whenever the Davenport & Council Bluffs Railroad Company should file in the General Land Office, at Washington, a map definitely showing such new location, the Secretary of the Interior should cause to be certified and conveyed to said company, from time to time, as the road progressed, out of any of the lands belonging to the United States, not sold, reserved or otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached, and on which a bona fide settlement and improvement had not been made under color of title de-rived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this was an amendment.
The term "out of any lands belonging to the United States, not sold, reserved or otherwise disposed of, etc.," would seem to indicate that Congress did intend to grant lands already granted, but when it declared that the Company should have an amount per mile equal to that originally authorized to be granted, it is plain that the framers of the bill were ignorant of the real terms of the original grant, or that they designed that the United States should resume the title it had already parted with two years before the lands could revert to the United States under the original act, which was not repealed.
A similar change was made in relation to the Cedar Rapids & Missouri Railroad, and dictated the conveyance of lands in a similar manner.
Like provision was made for the Dubuque & Sioux City Rail-road, and the Company was permitted to change the location of its line between Fort Dodge and Sioux City, so as to secure the best route between those points; but this change of location was not to impair the right to the land granted in the original act, nor did it change the location of those lands.
By the same act, the Mississippi & Missouri Railroad Company was authorized to transfer and assign all or any part of the grant to any other company or person, "if, in the opinion of said Company, the construction of said railroad across the State of Iowa would be thereby sooner and more satisfactorily completed; but such assignee should not in any case be released from the liabilities and conditions accompanying this grant, nor acquire perfect title in any other manner than the same would have been acquired by the original grantee."
Still further, the Burlington & Missouri River Railroad was not forgotten, and was, by the same act, empowered to receive an amount of land per mile equal to that mentioned in the original act, and if that could not be found within the limits of six miles from the line of said road, then such selection might be made along such line within twenty miles thereof out of any public lands belonging to the United States, not sold, reserved or other-wise disposed of, or to which a pre-emption claim or right of homestead had not attached.
Those acts of Congress, which evidently originated in the "lobby," occasioned much controversy and trouble. The Department of the Interior, however, recognizing the fact that when the Secretary had certified the lands to the State, under the act of 1856, that act divested the United States of title, under the vesting act of August, 1854, refused to review its action, and also re-fused to order any and all investigations for establishing adverse claims (except in pre-emption cases), on the ground that the United States had parted with the title, and, therefore, could exercise no control over the land.
May 12, 1864, before the passage of the amendatory act above described, Congress granted to the State of Iowa, to aid in the construction of a railroad from McGregor to Sioux City, and for the benefit of the McGregor Western Railroad Company every alternate section of land, designated by odd numbers, for ten sections in width on each side of the proposed road, reserving the right to substitute other lands, whenever it was found that the grant infringed upon pre-empted lands, or on lands that had been reserved or disposed of for any other purpose. In such cases, the Secretary of the Interior was instructed to select, in lieu, lands belonging to the United States lying nearest to the limits specified.
X. AGRICULTURAL COLLEGE AND FARM LAND.
An Agricultural College and Model Farm was established by act of the General Assembly, approved March 22, 1858. By the eleventh section of the act, the proceeds of the five-section grant made for the purpose of aiding in the erection of public buildings was appropriated, subject to the approval of Congress, together with all lands that Congress might thereafter grant to the State for the purpose for the benefit of the institution. On the 23d of March, by joint resolution, the Legislature asked the consent of Congress to the proposed transfer, By act approved July 11, 1862, Congress removed the restrictions imposed in the "Five-section grant," and authorized the General Assembly to make such disposition of the lands as should be deemed best for the interests of the State. By these several acts the five sections of land in Jasper County certified to the State to aid in the erection of public buildings under the act of March 3, 1845, entitled: "An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," were fully appropriated for the benefit of the Iowa Agricultural College and Farm. The institution is located in Story County. Seven hundred and twenty-one acres in that and two hundred in Boone County were donated to it by individuals interested in the success of the enterprise.
By act of Congress approved July 2, 1852, an appropriation was made to each State and Territory of 30,000 acres for each Senator and Representative in Congress to which, by the apportionment under the census of 1850, they were respectfully entitled. This grant was made for the purpose of endowing colleges of agriculture and mechanic arts.
Iowa accepted this grant by an act passed at an extra session of its Legislature, approved Sept 11, 1862, entitled: "An act to accept of the grant, and carry into execution the trust conferred upon the State of Iowa by an act of Congress entitled `An act granting public lands to the several States and Territories which may provide colleges for the benefit of agricultural and the mechanic arts, approved July 2, 1862." This act made it the duty of the Governor to appoint an agent to select and locate the lands, and provided that none should be selected that were claimed by any county as swamp lands. The agent was required to make re-port of his doings to the Governor, who was instructed to submit the list of selections to the Board of Trustees of the Agricultural College for their approval. One thousand dollars were appropriated to carry the law into effect. The State having two Senators and six Representatives in Congress, was entitled to 240,000 acres of land under this grant, for the purpose of establishing and maintaining an Agricultural College. Peter Melendy, Esq., of Black Hawk County, was appointed to make the selections, and during August, September and December, 1863, located them in the Fort Dodge, Des Moines and Sioux City Land Districts. December 8, 1864, these selections were certified by the Commissioner of the General land Office, and were approved to the State by the Secretary of the Interior December 13, 1864. The title to these lands were vested in the State in fee simple, and conflicted with no other claims under other grants.
The agricultural lands were approved to the State as 240,000.96 acres; but 35,691.66 acres were located within railroad limits, which were computed at the rate of two acres for one, the actual amount of land approved to the State under this grant was only 204,309.30 acres, located as follows:
In Des Moines Land District .......................... 6,804.96 acres.
In Sioux City Land District ............................59,025.37 "
In Fort Dodge Land District .........................138,478.97 "
By act of the General Assembly, approved March 29, 1864, en-titled, "An act authorizing the Trustees of the Iowa State Agricultural College and Farm, to sell all lands acquired, granted, donated or appropriated for the benfit of said College, and to make an investment of the proceeds thereof," all these lands were granted to the Agricultural College- and Farm, and the Trustees were authorized to take possession and sell or lease them. There was then under the control of the Trustees, lands as follows:
Under the act of July 2, 1852 ...................... 304,309.30 acres.
Of the five-section grant .............................. 3,200.00 "
Lands donated in Story County ................... 721.00 "
Lands donated in Boone County ................. 200.00 "
Total .............................................. 208,430.30 acres.
The Trustees opened an office at Fort Dodge, and appointed Hon. G. W. Bassett their agent for the sale of these lands.
THE PUBLIC SCHOOLS.
The germ of the free public school system of Iowa, which now ranks second to none in the United States, was planted by the first settlers. They had migrated to the "Beautiful Land" from other and older States, where the common school system had been tested by many years' experience, bringing with them some knowledge of its advantages, which they determined should be enjoyed by the children of the land of their adoption. The system thus planted was expanded and improved in the broad fields of the West, until now it is justly considered one of the most complete, comprehensive and liberal in the country.
Nor is it to be wondered at when it is remembered humble log school houses were built almost as soon as the log cabin of the earliest settlers were occupied by their brave builders. In the lead mining regions of the State, the first to be occupied by the white race, the hardy pioneers provided the means for the education of their children even before they had comfortable dwellings for their families. School teachers were among the first immigrants to Iowa. Wherever a little settlement was made, the school house was the first united public act of the settlers; and the rude primitive structures of the early time only disappeared when the communities had increased in population and wealth, and were able to replace them with more commodious and comfortable buildings. Perhaps in no single instance has the magnificent progress of the State of Iowa been more marked and rapid than in her common school system and in her school houses, which, long since, super-ceded the log cabins of the first settlers. To-day, the school houses which everywhere dot the broad and fertile prairies of Iowa are unsurpassed by those of any. other State in the great Union. More especially is this true in all her cities and villages, where liberal and lavish appropriations have been voted, by a generous people, for the erection of large commodious and elegant buildings, furnished with all the modern improvements, and costing from $10,-000 to $60,000 each. The people of the State have expended more than $10,000,000 for the erection of public school buildings.
The first house erected in Iowa was a log cabin at Dubuque; built by James L. Langworthy and a few other miners, in the Autumn of 1833.
Mrs. Caroline Dexter commenced teaching in Dubuque in March, 1836. She was the first female teacher there, and probably the first in Iowa. The first tax for the support of schools at Dubuque was levied in 1840.
Among the first buildings erected at Burlington was a commodious log school house in 1834, in which Mr. Johnson Pierson taught the first school in the Winter 'of 1834-5.
The first school in Muscatine County was taught by George Bumgardner, in the ring, of 1837, and in 1839, a log school house was erected in Muscatine, which served for a long time for school house, church and public hall. The first school in Davenport was taught in 1838. In Fairfield Miss Clarissa Sawyer. James F. Chambers and Mrs. Reed taught school in 1839.
When the site of Iowa City was selected as the capital of the Territory of Iowa, in May, 1839, it was a perfect wilderness. The first sale of lots took place August 18, 1839, and before January 1, 1840, about twenty families had settled within the limits of the town; and during the same year, Mr. Jesse Berry opened a school in a small frame building he had erected, on what is now College street.
The first settlement in Monroe County was made in 1848, by Mr. John R. Gray, about two miles from the present site of Eddyville; and in the Summer of 1844, a log school house was built, and the first school was opened. About a year after the first cab-in was built at Oskaloosa, a log school house was built.
At Fort Des Moines, now the Capital of the State, the first school was taught in the winter of 1846-7.
The first school in Pottawattamie County was opened at Council Point, prior to 1849.
The first school in Decorah was taught in 1853. In Osceola, the first school was opened by Mr. D. W. Scoville. The first school at Fort Dodge was taught in 1855, by Cyrus C. Carpenter, since Governor of the State. In Crawford County the first school house was built in Mason's Grove in 1856, and Morris McHenry first occupied it as teacher.
During the first twenty years of the history of Iowa, the log school houses prevailed, and in 1861, there were 893 of these primitive structures in use for school purposes in the State. Since that time they have been gradually disappearing. In 1865, there were 796; in 1870, 336; and in 1875, 121.
Iowa Territory was created July 3, 1838. January 1, 1839, the Territorial Legislature passed an act providing that "there, shall be established a common school, or schools, in each of the counties in this Territory, which shall be open and free for every class of white citizens between the ages of five and twenty-one years."
The second section of the act provided that "the County Board shall, from time to time, form such districts in their respective counties whenever a petition may be presented for the purpose by a majority of the voters resident within such contemplated district." These districts were governed by boards of trustees, usually of three persons; each district was required to maintain school at least three months in every year; and later, laws were enacted providing for county school taxes for the payment of teachers, and that whatever additional sum might be required should be assessed upon the parents sending, in proportion to the length of time sent.
When Iowa Territory became a State, in 1846, with a population of 100,000 and with 20,000 pupils within its limits, about four hundred school districts had been organized. In 1850, there were 1,200, and in 1857, the number had increased to 3,265.
In March, 1858, the Seventh General Assembly enacted that "each civil township is declared a school district," and provided that these should be divided into sub-districts. This law went in-to force March 20, 1858, and reduced the number of school districts from about 3,500 to less than 900.
The change of school organization resulted in a very material reduction of the expenditures for the compensation of District Secretaries and Treasurers. An effort was made for several years, from 186'7 to 1872, to abolish the sub-district system. The Legislature of 1870, provided for the formation of independent districts from the sub-districts of district townships. The system of graded schools was inaugurated in 1849; and new schools, in which more than one teacher is employed, are universally graded.
The first official mention of Teachers' Institutes in the educational records of Iowa, occurs in the annual report of Hon. Thomas H. Benton, Jr., made December 2, 1850.
In March, 1858, an act was passed authorizing the holding of Teachers' Institutes for periods not less than six working days, whenever not less than thirty teachers should desire. The Superintendent was authorized to expend not exceeding $100 for any one Institute, to be paid out by the County Superintendent as the Institute might direct for teachers and lecturers, and one thou-sand dollars was appropriated to defray the expenses of these Institutes.
The Board of Education at its first session, commencing December 6, 1858, enacted a code of school laws which retained the existing provisions for Teachers' Institutes. In March, 1860, the General Assembly amended the act of the Board by appropriating "a sum not exceeding fifty dollars annually for one such Institute, held as provided by law in each county."
By act approved March 19, 1874, Normal Institutes were established in each county, to be held annually by the County Superintendent, and in 1876 the Sixteenth General Assembly established the first permanent State Normal School at Cedar Falls, Black Hawk County, appropriating the building and property of the Soldiers' Orphans' Home at that place for that purpose.
The public school system of Iowa is admirably organized, and if the various officers who are entrusted with the educational interests of the commonwealth are faithful and competent, should and will constantly improve.
"The public schools are supported by funds arising from several sources. The sixteenth section of every Congressional Township was set apart by the General Government for school purposes, being one-thirty-sixth part of all of the lands of the State. The minimum price of these lands was fixed at one dollar and twenty-five cents per acre. Congress also made an additional donation to the State of five hundred thousand acres, and an appropriation of five per cent. on all the sales of public lands to the school fund. The State gives to this fund the proceeds of the sales of all lands which escheat twit; the proceeds of all fines for the violation of the liquor and criminal laws. The money derived from these sources constitutes the permanent school fund of the State, which cannot be diverted to any other purpose. The penalties collected by the courts for fines and forfeits go to the school fund in the counties where collected. The proceeds of the sale of lands and the five per cent. fund go into the State Treasury, and the State distributes these proceeds to the several counties according to their request, and the counties loan the money to individuals for long terms at eight per cent. interest, on security of land valued at three times the amount of the loan, exclusive of all buildings and improvements thereon. The interest on these loans is paid into the State Treasury, and becomes the available school fund of the State. The counties are responsible to the State for all money so loaned, and the State is likewise responsible to the school fund for all moneys transferred to the counties. The interest on these loans 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 levied for the same purpose. The money arising from these several sources constitutes the support of the public schools, and is sufficient to enable every sub-district in the State to afford from six to nine months' school each year."
The taxes levied for the support of schools are self-imposed. Under the admirable school laws of the State, no taxes can be legally assessed or collected for the erection of school houses until they have been ordered by the election of the district at a school meeting legally called. The school houses of Iowa are the pride of the State and an honor to the people. If they have been some-times built at a prodigal expense, the tax-payers have no one to blame but themselves. The teachers' and contingent funds are determined by the Directors, under certain legal restrictions. These boards are elected annually, except in the independent districts, in which the board may be entirely changed every three years. The only exception to this mode of levying taxes for sup-port of schools is the county school tax, which is determined by the County Board of Supervisors. The tax is from one to three mills on the dollar; usually, however, but one.
In his admirable message to the General Assembly, just previous to retiring from the Gubernatorial chair, Gov. Gear has the following to say concerning the public schools of Iowa:
"The number of school children reported is 594,750. Of this number 384,192 are, by approximation, between the ages of six and sixteen years. he number of all ages enrolled in the schools is 431,513, which shows that much the greater proportion of children of school age avail themselves of the benefits of our educational system. The average attendance is 254,088. The schools of the State have been in session, on an average, 148 days.
"There is, doubtless, quite a percentage of children who attend schools other than those of a public character. Yet the figures I have quoted show clearly that very many children, through the negligence or unwillingness of parents, do not attend school at all, but are in a fair way to grow up in ignorance. I, therefore, earnestly suggest that you consider the expediency of enacting a compulsory educational law, which should require attendance upon schools of some kind, either public or private. To me it does seem as if the State shall not have done her full duty by the children, until she shall have completed her educational system by some such enactment.
"The interest in the normal institutes is maintained, and, beyond doubt, they render great aid in training the teachers who attend them.
The receipts for all school purposes throughout the State were $5,006,023. 60, and the expenditures $5,129,279.49; but of these receipts and expenditures about $400,000 was of money borrowed to refund outstanding bonds at lower rates of interest.
"The amount on, hand aggregated, at the end of the fiscal year, $2,653,356.55. This sum is, in my judgment, much larger than the necessities of the schools require, and it would be well to impose some check to prevent an excessive or unnecessary levy of taxes for school purposes."
The significance of such facts as these is unmistakable. Such lavish expenditures can only be accounted for by the liberality and public spirit of the people, all of whom manifest their love of popular education and their faith in the public schools by the annual dedication to their support of more than one per cent. of their entire taxable property; this too, uninterruptedly through a series of years, commencing in the midst of a war which taxed their energies and resources to the extreme, and continuing through years of general depression in business-years of moderate yield of produce, of discouragingly low prices, and even amid the scanty surrounding and privations of pioneer life. Few human enterprises have a grander significance or give evidence of a more noble purpose than the generous contributions from the scanty resources of the pioneer for the purpose of public education.
Governors-Robert Lucas, 1838-41; John Chambers, 1841-45; James Clarke, 1845.
Secretaries-William B. Conway, 1838, died 1839; James Clarke, 1839; O. H. W. Stull, 1841; Samuel J. Burr, 1843; Jesse Williams, 1845.
Auditors-Jesse Williams, 1840; Wm. L. Gilbert, 1843; Robert M. Secrest, 1845.
Treasurers-Thornton Bayliss, 1839; Morgan Reno, 1840. Judges-Charles Mason,Chief Justice, 1838; Joseph Williams, 1838, Thomas S. Wilson, 1838.
Presidents of Council-Jesse B. Browne, 1838-9; Stephen Hem-stead, 1839-40; M. Bainridge, 1840-1; Jonathan W. Parker, 1841-2; John D. Elbert, 1842-3; Thomas Cox, 1843-4; S. Clinton Hastings, 1845; Stephen Hemstead, 1845-6.
Speakers of the House-William H. -Wallace, 1838-9; Edward Johnston, 1839-40; Thomas Cox, 1840-1; Warner Lewis, 1841-2; James M. Morgan, 1842-3; James P. Carleton 1843-4; James M. Morgan, 1845; George W. McCleary, 1845-6.
First Constitutional Convention, 1844-Shepherd Leffler, President; George S. Hampton, Secretary.
Second Constitutional Convention, 1S46-Enos Lowe, President; William Thompson, Secretary.
OFFICERS OF THE STATE GOVERNMENT.
Governors-Ansel Briggs, 1846 to 1850; Stephen Hemstead, 1850 to 1854; James W. Grimes, 1854 to 1858; Ralph P. Lowe, 1858 to 1860; Samuel J. Kirkwood, 1860 to 1864; William M. Stone, 1864 to 1868; Samuel Merrill, 1868 to 1872; Cyrus C. Carppenter, 1872 to 1876; Samuel J. Kirkwood, 1676 to 1877; Joshua Q . Newbold, Acting, 1877 to 1878; John H. Gear, 1878 to 1882; Buren R. Sherman, 1882 to
Lieutenant Governors-Office created by the new Constitution, September 3, 1857-Oran Faville, 1858-9; Nicholas J. Rush, 1860-1; John R Needham, 1862-3; Enoch W. Eastman, 1864-5; Benjamin F. Gue, 1866-7; John Scott, 1868-9; M. M. Walden, 1870-1; H. C._ Bulis, 18'72-3; Joseph Dysart, 1874-5; Joshua G. Newbold, 1876-7; Frank T. Campbell, 1878-82; 0. H. Manning, 1882 to-.
Secretaries of State-Elisha Cutler, Jr., Dec. 5, 1846, to Dec. 4, 1848; Josiah H. Bonney, Dec. 4, 1848, to Dec 2, 1850; George W. McCleary, Dec. 2, 1850, to Dec. 2, 1856; Elijah Sells, Dec. 1, 1856, to Jan 5, 1863; James Wright, Jan. 5, 1863, to Jan. 7, 1867; Ed. Wright, Jan. '7, 1867, to Jan 6, 1873; Josiah T. Young, Jan 6, 1873, to 1879; J. A. T; Hull, 1879 to-.
Auditors of State-Joseph T. Fales, Dec. 5, 1846 to Dec. 2, 1850; William Pattee, Dec. 2, 1850, to Dec. 4, 1854; Andrew J. Stevens, Dec. 4, 1854, resigned in 1855; John Pattee, Sept. 22, 1855 to Jan. 3 1859; Jonathan W. Cattell, 1859, to 1865; John A. Elliot, 1865 to 1871; John Russell, 1871 to 1875; Buren R. Sherman, 1875 to 1881; W. V. Lucas, 1881 to-.
Treasurers of State-Morgan Reno, Dec. 18, 1846, to Dec. 2, 1850; Israel Kister, Dec 2, 1850, to Dec. 4, 1852; Martin L. Morris, Dec. 4, 1852, to Jan. 2, 1859; John W. Jones 1859 to 1863; William H. Holmes, 1863 to 1867; Samuel E. Rankin, 1867 to 1873; William Christy, 1873 to 1877; George W. Bernie, 1877 to 1881; Edwin G. Conger. 1881 to-.
Superintendents of Public Instruction-Office created in 1847-James Harlan, June 5, 1845 (Supreme Court decided election void); Thomas IT. Benton, Jr., May 23, 1844, to June 7, 1854; James D. Eads, 1854-7; Joseph C. Stone, March to June, 1857; Maturin L. Fisher, 1857 to Dec. 1858, when the office was abolished and the duties of the office devolved upon the Secretary of the Board of Education.
Secretaries of the Board of Education-Thomas H. Benton, Jr., 1859-1863; Oran Faville, Jan. 1, 1864. Board abolished March 23, 1864.
Superintendents of Public Instruction-Office re-created March 23, 1864-Oran Faville, March 28, 1864, resigned March 1, 1867; D. Franklin Wells, March 4, 1879, to Jan., 1870; A. S. Kissel], 1870 to 1872; Alonzo Abernethy, 1872 to 1877; Carl W. von Coelln, 1877 to 1882; J. W. Akers, 1882 to -.
State Binders-Office created February 21, 1845-William M. Coles, May 1, 1855, to May 1, 1859; Frank M. Mills, 1859 to 1867; James S. Carter, 1867 to 1870; J. J. Smart, 1870 to 1874; H. A. Perkins, 1874 to 1878; Matt Parrott, 1878 to -.
Registers of the State Land Office-Anson Hart, May 5, 1855, to May 13, 1857; Theodore S. Parvin, May 13, 1857, to Jan. 3, 1859; Amos B. Miller, Jan. 3, 1859, to October, 1862; Edwin Mitchell, Oct. 31, 1862, to Jan. 5, 1863; Josiah A. Harvey, Jan. 5, 1863, to Jan. 7, 1867; Cyrus C. Carpenter, Jan. 7, 1867, to Jan. 1871; Aaron Brown, January, 1871, to January, 1875; David Secor, January, 1875, to 1879; J. K. Powers, 1879 to -.
State Printers-Office created Jan. 3, 1810-Garrett D. Palmer and George Paul, 1849; William H. Merritt, 1851 to 1853; William A. Hornish, 1853 (resigned May 16, 1853); Mahoney & Dorr, 1853 to 1855; Peter Moriarty, 1855 to 1857; John Teesdale, 1857 to 1861; Francis W. Palmer, 1861 to 1869; Frank M. Mills, 1869 to 1870; G. W. Edwards, 1870 to 1872; R. P. Clarkson, 1872 to 1878; Frank M. Mills, 1878 to -.
Adjutants General-Daniel S. Lee, 1851-5; Geo. W. McCleary, 1855-7; Elijah Sells, 1857; Jesse Bowen, 1857-61; Nathaniel Baker, 1861 to 1877; John H. Looby, 1877 to 1879; W. L. Alexander, 1879 to -.
Attorneys General-David C. Cloud, 1843-56; Samuel A. Rice, 1856-60; Charles C. Nourse, 1861-4; Isaac L. Allen, 1865 (resigned January, 1866); Frederick E. Bissell, 1866 (died June 12, 1867); Henry O'Connor, 1867-'12; Marsena E. Cutts, 1872-6; John F. McJunkin, 1877 to 1881; Smith McPherson, 1881 to -.
Presidents of the Senate-Thomas Baker, 1846.7; Thomas Hughes, 1848; John J. Selman, 1848-9; Enos Lowe, 1850-1: William E. Leffingwell, 1852-3; Maturin L. Fisher, 1854-5; William W. Hamilton, 1856-7. Under the new Constitution, the Lieutenant Governor is President of the Senate.
Speakers of the House-Jesse B. Brown, 1847-8; Smiley H. Bonhan, 1849-50; George Temple, 1851-2; James Grant, 1853-4; Reuben Noble, 1855-6; Samuel McFarland, 1856-7; Stephen B. Sheledy, 1858-9; John Edwards, 1860-1; Rush Clark, 1862-3; Jacob Butler, 1864-5; Ed. Wright, 1866-7; John Russell, 1868-9; Aylett R. Cotton, 1870-71; James Wilson, 1872-3; John H. Gear, 1874-7; John Y. Stone, 1878-9; Lore Alford, 1880-1; G. R. Strahle, 1882 to -.
New Constitutional Convention, 1859-Francis Springer, President; Thos. J. Saunders, Secretary.
STATE OFFICERS, 1882.
Buren R. Sherman, Governor; O. H. Manning, Lieutenant Governor; John A. T. Hull, Secretary of Late; William V. Lucas, Auditor of State; Edward H. Conger, Treasurer of State; James K. Powers, Register of State Land Office; W. L. Alexander, Adjutant General; Smith McPherson, Attorney General; Edward J. Holmes, Clerk of the Supreme Court; Jno. S. Runnells, Reporter Supreme Court; J. W. Akers, Superintendent of Public Instruction; Frank M. Mills, State Printer; Matt. Parrott, State Binder; Prof. Nathan R. Leonard, Superintendent of Weights and Measures; Mrs. S. B Maxwell, State Librarian.
SUPREME COURT OF IOWA, 1882.
Chief Justice, Austin Adams, Dubuque; Associate Judges, William H. Seevers, Oskaloosa; James D. Day, Sidney; James H. Roth-rock, Tipton; Joseph M. Beck, Fort Madison.
DISTRICTS COURTS, 1882.
First Judicial District, Abraham H. Stutsman, Burlington; Second Judicial District, Edward L. Burton, Ottumwa; Third Judicial District, R. C. Henry, Mount Ayr; Fourth Judicial District, Charles H. Lewis, Cherokee; Fifth Judicial District, William H. McHenry, Des Moines; Sixth Judicial District, John C. Cook, Newton; Seventh Judicial District, Walter I. Hayes, Clinton; Eighth Judicial District, John Shane, Vinton; Ninth Judicial District, Sylvester Bagg, Wa'erloo; Tenth Judicial District, Ezekial E. Cooley, Decorah; Eleventh Judicial District, James W. McKenzie, Hampton; Twelfth Judicial District, Geo. W. Ruddick, Waverly; Thirteenth Judicial District, Joseph R. Reed, Council Bluffs; Fourteenth Judicial District, Ed. R. Duffle, Sac City.
CIRCUIT COURTS, 1882.
First Judicial Circuit, First District, William J. Jeffries, Mt. Pleasant; Second Judicial Circuit, First District, Charles Phelps, Burlington; Second Judicial Circuit, H. C. Traverse, Bloomfield; Third Judicial Circuit, D. D. Gregory, Afton; Fourth Judicial Circuit, J. R. Zuver, Sioux City; First Judicial Circuit, Fifth District, Josiah Given, Des Moines; Second Judicial Circuit, Fifth District, Stephen A. Callvert, Adel; Sixth Judicial Circuit, W. R. Lewis, Montezuma; First Judicial Circuit, Seventh District, Charles W. Chase, Clinton; Second Judicial Circuit, Seventh District, DeWitt C. Richman, Muscatine, Eighth Judicial Circuit, Christian Hedges, Marengo; Ninth Judicial Circuit, Benjamin W. Lacy, Dubuque; Tenth Judicial Circuit, Charles T. Granger, Waukon; Eleventh Judicial Circuit, D. D. Miracle, Webster City; Twelth Judicial Circuit, Robert G. Reineger, Charles City; Thirteenth Judicial Circuit, C. F. Loofbourrow, Atlantic; Fourteenth Judicial Circuit, John N. Weaver, Algona.
UNITED STATES SENATORS.
(The firs General Assembly failed to elect Senators.)
George W. Jones, Dubuque, Dec. 7, 1848-1858; Augustus C. Dodge, Burlington, Dec. 7, 1848-1855; James Harlan, Mt. Pleas-ant, Jan. 6, 1855-1865; James W. Grimes, Burlington, Jan. 26, 1858-died 1870; Samuel J. Kirkwood, Iowa City, elected Jan. 13, 1866, to fill vacancy caused by resignation of James Harlan; James Harlan, Mt. Pleasant, March 4, 1866-1872; James B. Howell, Keokuk, elected Jan. 20, 1870, to fill vacancy caused toy the death of J. W. Grimes-term expired March 3d; Geo. G. right, Des Moines, March 4, 1871-1877; William B. Allison, Dubuque, March 4, 1872; Samuel J. Kirkwood, March 4, 1877; James-W. McDill, appointed to fill vacancy caused by the resignation of S. J. Kirkwood, in 1881, and elected Jan. 1882, to fill the unexpired term; James F. Wilson, elected Jan. 1882, for the full term, be-ginning March 4, 1883.
MEMBERS OF HOUSE OF REPRESENTATIVES.
Twenty-ninth .Congress-1846 to 1817.-S. Clinton Hastings; Shepherd Leffler.
Thirtieth Congress-1817 to 1849.-First District, William Thompson; Second District, Shepherd Leffler.
Thirty-first Congress-1849 to 1851.-First District, First Session, Wm. Thompson; unseated by the House of Representatives on a contest, and election remanded to the people. First District, Second Session, Daniel F. Miller. Second District, Shepherd Leffler.
Thirty-second Congress-1851 to 1853.-First District, Bernhart Henn. Second District, Lincoln Clark.
Thirty-third Congress-1853 to 1855.-First District, Bernhart Henn. Second District, John P. Cook.
Thirty fourth Congress-1855 to 1857.-First District, Augustus Hall.. Second District, James Thorington.
Thirty-fifth Congress-1857 to 1859.-First District, Samuel R. Curtis. Second District, Timothy Davis.
Thirty-sixth Congress-1859 to 1861.-First District, Samuel It. Curtis. Second District, William Vandever.
Thirty-seventh Congress-1861 to 1863.-First District, First Session, Samuel R. Curtis.* First District. Second and Third Sessions, James F. Wilson. Second District, William Vandever.
[Footnote in original text: *Vacated seat by acceptance of commission as Brigadier General, and J. F. Wilson chosen his successor.]
Thirty-eighth Congress-1863 to 1865.-First District, James F. Wilson; Second District, Hiram Price; Third District, William B. Allison; Fourth District, Josiah B. Grinnell; Fifth District, John A. Kasson; Sixth District, Asahel W. Hubbard.
Thirty-ninth Congress-1865 to 1867.-First District, James F. Wilson; Second District, Hiram Price; Third District, William B. Allison; Fourth District, Josiah B. Grinnell; Fifth District, John A. Kasson; Sixth District, Asahel W. Hubbard,
Fortieth Congress-1867 to 1869.-First District, James F. Wilson; Second District, Hiram Price; Third District William B. Allison; Fourth District, William Loughridge; Fifth District, Grenville M. Dodge; Sixth District, Asahel W. Hubbard.
Forty-first Congress-1869 to 1871-First District, George W. McCrary; Second District, William Smyth; Third District, William B. Allison; Fourth District, William Loughridge; Fifth District, Frank W. Palmer; Sixth District, Charles Pomeroy.
Forty-second Congress-1871 to 1873-First District, George W. McCrary; Second District, Aylett R. Cotton; Third District, W. G. Dorman; Fourth District, Madison M. Waldon; Fifth District, Frank W. Palmer; Sixth District, Jackson Orr.
Forty-third Congress-1873 to 1875-First District, George W. McCrary; Second District, Aylett R. Cotton; Third District, William G. Doi nan; Fourth District, Henry O. Pratt; Fifth District, James Wilson; Sixth District, Williaml,oughridge; Seventh District, John A. Kasson; Eighth District, James W. McDill; Ninth District, Jackson Orr.
Forty-fourth Congress-1875 to 1877.-First District, George W. McCrary, Second District, John Q. Tufts; Third District, L. L. Ainsworth; Fourth District, Henry O. Pratt; Fifth District, James Wilson; Sixth District; Ezekiel S. Sampson; Seventh District, John A. Kasson; Eighth District, James W. McDill; Ninth District, Addison Oliver.
Forty-fifth Congress-1877 to 1879.-First District, J. C. Stone; Second District, Hiram Price; Third District, T. W. Burdick; Fourth District, H. C. Deering; Fifth District, Rush Clark; Sixth District, E. S. Sampson; Seventh District, H. J. B. Cummings; Eighth District, W. F. Sapp; Ninth District, A. Oliver.
Forty-sixth Congress-1879 to 1881.-First District, Moses A. McCoid; Second District. Hiram Price; Third District, Thomas Updegraff; Fourth District, Nathaniel C. Deering; Fifth District, W. G. Thompson; Sixth District, James B. Weaver; Seventh District, Edward H. Gillette; Eighth District, William F. Sapp; Ninth District, Cyrus C. Carpenter.
Forty-seventh Congress-1881 to 1883.-First District Moses A. McCoid; Second District, Sewall S. Farwell; Third District, Thomas Updegraff; Fourth District, Nathaniel C. Deering; Fifth District, W. G. Thompson; Sixth District, Madison E. Cutts, Seventh District, John A. Kasson; Eighth District, William P. Hepburn; Ninth District, Cyrus C. Carpenter.
The State of Iowa may well be proud of her record during the War of the Rebellion, from 1861 to 1865. The following brief but comprehensive sketch of the history she made during that trying period, is largely from the pen of Col. A. P. Wood, of Dubuque, the author of The History of Iowa and the War," one of the best works of the kind yet written.
"Whether in the promptitude of her responses to the calls made on her by the General Government, in the courage and constancy of her soldiery in the field, or in the wisdom and efficiency with which her civil administration was conducted during the trying period covered by the War of the Rebellion, Iowa proved herself the peer of any loyal State. The proclamation of her Governor, responsive to that of the President, calling for volunteers to compose her First Regiment, was issued on the fourth lay after the fall of Sumter. At the end of only a single week, men enough were reported to be in quarters (mostly in the vicinity of their own homes) to fill the regiment. These, however, were hardly more than a tithe If the number who had been offered by company commanders for acceptance under the President's call. So urgent were these offers that the Governor requested (on the 24th of April) permission to organize an additional regiment. While awaiting an answer to this request, he conditionally accepted a sufficient number of companies to compose two additional regiments. In a short time, he was notified that both of these would be accepted. Soon after the completion of the Second and Third Regiments (which was near the close of May), the Adjutant General of the State reported that upwards of one hundred and seventy companies had been tendered to the Governor to serve against the enemies of the Union.
"Much difficulty and considerable delay occurred in fitting these regiments for the field. For the First Infantry a complete outfit (not uniform) of clothing was extemporized-principally by the volunteered labor of loyal women in the different towns-from material of various colors and qualities, obtained within the limits of the State. The same was done in part for the Second Infantry. Meantime, an extra session of the General Assembly had been called by the Governor, to convene on the 15th of May. With but little delay, that body authorized a loan of $800,000 to meet the extraordinary expenses incurred, and to be incurred, by the Executive Department, in consequence of the new emergency. A wealthy merchant of the State (ex-Governor Merrill, then a resident of McGregor) immediately took from the Governor a con-tract to supply a complete outfit of clothing for the three regiments organized, agreeing to receive, should the Governor so elect, his pay therefor in State bonds at par. This contract he executed to the letter, and a portion of the clothing (which was manufactured in Boston to his order) was delivered at Keokuk, the place at which the troops had rendezvoused, in exactly one month from the day on which the contract had been entered into. The remainder arrived only a few days later. This clothing was delivered to the regiment, but was subsequently condemned by the Government, for the reason that its color was gray, and blue had been adopted as the color to be worn by the national troops."
Other States also clothed their troops, sent forward under the first call of President Lincoln, with gray uniforms, but it was soon found that the Confederate forces were also clothed in gray, and that color was once abandoned by the Union troops. If both armies were clothed alike, annoying if not fatal mistakes were liable to be made.
But while engaged in these efforts to discharge her whole duty, in common with all the other Union-loving States in the great emergency, Iowa was compelled to make immediate and ample pro-vision for the protection of her own borders, from threatened invasion on the south by the Secessionists of Missouri, and from incursions from the west and northwest by bands of hostile Indus, who were freed from the usual restraint imposed upon than by the presence of regular troops stationed at the frontier posts. These troops are withdrawn to meet the greater and more pressing danger threatening the life of the nation at its very heart.
To provide for the adequate defense of her borders from the ravages of both rebels in arms against the Government, and of the more irresistible foes from the Western plains, the Governor of the State was authorized to raise and equip two regiments of infantry, a squadron of cavalry (not less than five companies) and a battalion of artillery (not less than three companies). Only cavalry were enlisted for home defense, however, "but," says Col. Wood, "in times of special danger, or when calls were made by the Unionists of Northern Missouri for assistance against their disloyal enemies, large numbers of militia on foot often turned out, and remained in the field until the necessity for their services had passed.
"The first order for the Iowa volunteers to move to the field was received on the 13th of June. It was issued by Gen. Lyon, then commanding the United States forces in Missouri. The First and Second Infantry immediately embarked in steamboats, and moved to Hannibal. Some two weeks later, the Third Infantry was ordered to the same point. These three, together with many other of the earlier organized Iowa regiments, rendered their first field service in Missouri. The First Infantry formed a part of the little army with which Gen. Lyon moved on Spring-field, and fought the bloody battle of Wilson's Creek. It received unqualified praise for its gallant bearing on the field. In the following month (September), the Third Iowa, with but very slight support, fought with honor the sanguinary engagement of Blue Mills Landing; and in November, the Seventh Iowa, as a part of a force commanded by Gen. Grant, greatly distinguished itself in the battle of Belmont, where it poured out its blood like water-losing more than half the men it took into action.
"The initial operations in which the battles referred to took place, were followed by the more important movements led by dace, Grant, Gen. Curtis, of this state, and other commanders, which resulted in defeating the armies defending the chief strategic lines held by the Confederates in Kentucky, Tennessee, Missouri and Arkansas, and compelling their withdrawal from much of the territory previously controlled by them in those States. In these and other movements, down to the grand culminating campaign by which Vicksburg was captured and the Confederacy permanently severed on the line of the Mississippi River, Iowa troops took part in steadily increasing numbers. In the investment and siege of Vicksburg, the State was represented by thirty regiments and two batteries, in addition to which, eight regiments and one battery were employed on the outposts of the besieging army. The brilliancy of their exploits on the many fields where they served, won for them the highest need of praise, both in military and civil circles. Multiplied were the terms in which expression was given to this sentiment, but these words of one of the journals of a neighboring State, `The Iowa troops have been heroes among heroes,' embody the spirit of all.
"In the veteran re-enlistments that distinguished the closing months of 1863, above all other periods in the history of re-enlistments for the national armies, the Iowa three years' men (who were relatively more numerous than those of any other State) were prompt to set the example of volunteering for another term of equal length, thereby adding many thousands to the great army of those who gave this renewed and practical assurance that the cause of the Union should not be left without defenders.
"In all the important movements of 1864-65, by which the Confederacy was penetrated in every quarter, and its military power finally overthrown, the Iowa troops took part. Their drum-beat was heard on the banks of every great river of the South, from the Potomac to the Rio Grande, and everywhere they rendered the same faithful and devoted service, maintaining on all occasions their wonted reputation for valor in the field and en-durance on the march.
"Two Iowa three-year cavalry regiments were employed during the whole term of service in the operations that were in progress from 1863 to 1866 against the hostile Indians of the western plains. A portion of these men were among the last of the volunteer troops to be mustered out of service. The State also sup-plied a considerable number of men to the navy, who took part in most of the naval operations prosecuted against the Confederate power on the Atlantic and Gulf coasts, and the rivers of the Nest.
"The people of Iowa were early and constant workers in the sanitary field, and by their liberal gifts and personal efforts for the benefit of the soldiery, placed their State in front rank of those who became distinguished for their exhibition of patriotic benevolence during the period covered by the war. Agents appointed by the Governor were stationed at points convenient for rendering assistance to the sick and needy soldiers of the State, while others were employed in visiting from time to time, hospitals, camps and armies in the field, and doing whatever the circumstances rendered possible for the health and comfort of such of the Iowa soldiers as, might be found there.
"Some of the benevolent people of the State early conceived the idea of establishing a Home for such of the children of deceased soldiers as might be left in destitute circumstances. This idea first took form in in 1863, and in the following year a Home was opened at Farmington, Van Buren County, in a building leased for that purpose, and which soon became filled to its utmost capacity. The institution received liberal donations from the general public, and also from the soldiers in the field. In 1865 it be-came necessary to provide increased accommodations for the large number of children who were seeking the benefits of its care. This was done by establishing a branch at Cedar Falls, in Black Hawk County, and by securing, during the same year, for the use of the parent Home, Camp Kinsman, near the city of Davenport. This property was soon afterward donated to the institution by act of Congress.
"In 1866, in pursuance of a law enacted for that purpose., the Soldiers' Orphans' Home (which then contained about four hundred and fifty inmates) became a State institution, and thereafter the sums necessary for its support were appropriated from the State Treasury. A second branch was established at Glenwood, Mills county. Convenient tracts were secured and valuable improvements made at the different points. Schools were also established and employments provided for such of the children as were of suitable age. In always the provision made for these wards of the State has been such as to challenge the approval of every benevolent mind. The number of children who have been in-mates of the Home from its foundation to the present time is considerably more than two thousand.
"At the beginning of the war, the population of Iowa included about one hundred and fifty thousand men, presumably liable to render military service. The State raised, for general service, thirty-nine regiments of infantry, nine regiments of cavalry, and four companies of artillery, composed of three years' men; one regiment of infantry, composed of three months' men; and four regiments and one battallion of infantry composed of one hundred days' men. The original enlistments in these various organizations, including seventeen hundred and twenty-seven men raised by draft, numbered a little more than sixty-nine thousand. The re-enlistments, including upward of seven thousand veterans, numbered very nearly eight thousand. The enlistments in the regular army and navy, and organizations of other States, will, if added, raise the total to upward of eighty thousand. The number of men who, under special enlistments, and as militia, took part at different times in the operations on the exposed borders of the State, was probably as many as five thousand.
"Iowa paid no bounty on account of the men she placed in the field. In some instances, toward the close of the war, bounty to a comparatively small amount was paid by cities and towns. On only one occasion-that of the call of July 18, 1864-was a draft made in Iowa. This did not occur on account of her proper liabilty, as established by previous rulings of the War Department, to supply men under that call, but grew out of the great necessity that there existed for raising men. The Government insisted on temporarily setting aside, in part, the former rule of settlements, and enforcing a draft in all cases where sub-districts in any of the States should be found deficient in their supply of men. In no instance was Iowa, as a whole, found to be indebted to the General Government for men, on a settlement of her quota accounts."
It is to be said to the honor and credit of Iowa, that while many of the loyal States, older and larger in population and wealth, incurred heavy State debts for the purpose of fulfilling their oblitions to the General Government, Iowa, while she was foremost in duty, while she promptly discharged all her obligations to her sister States and the Union, found herself at the close of the war without any material addition to her pecuniary liabilities incurred before the war commenced. Upon final settlement after the restoration of peace, her claims upon the Federal Government were found to be fully equal to the amount of her bonds issued and sold during the war to provide the means for raising and equipping troops sent into the field, and to meet the inevitable demands upon her treasury in consequence of the war.
STATEMENT showing the number of men furnished and casualities in Iowa regiments during the War of the Rebellion.
REGIMENTS. NO. OF TOTAL KILLED or DIED of
MEN CASUALIES DIED DISEASE
1st Battery .............. 149 124 10 51
2d Battery ............... 123 62 2 29
3d Battery ............... 142 79 4 33
4th Battery .............. 152 17 ... 5
1st Cavalry .............. 1478 543 54 187
2d Cavalry ............... 1391 602 65 191
3d Cavalry ............... 1360 770 77 224
4th Cavalry ............. 1227 590 48 186
5th Cavalry ............. 1245 452 43 127
6th Cavalry ............. 1125 193 21 59
7th Cavalry ............. 562 402 40 92
8th Cavalry ............. 1234 274 33 91
9th Cavalry ............. 1178 258 15 162
Sioux City Cavalry .. 93 7 .. ...
Co. A, 11th Penn.
Cavalry .. 87 5 1 4
1st Infantry ............. 959 165 17 7
2d Infantry .............. 1247 758 72 107
3d Infantry .............. 1074 749 80 99
2d and 3d Inf.
Consolidated .. .... 28 8 9
4th Infantry ............. 1184 973 108 237
5th Infantry ............. 1037 699 88 90
6th Infantry ............. 1013 855 132 124
7th Infantry ............. 1138 885 129 135
8th Infantry ............. 1027 761 93 137
9th Infantry ............. 1090 973 133 208
10th Infantry ........... 1027 739 91 134
11th Infantry ........... 1022 610 79 148
12th Infantry ........... 981 768 62 243
13th Infantry ........... 989 852 99 182
14th Infantry ........... 840 526 50 122
14th Inf. Res. Batt ... .... 11 .. ....
15th Infantry ........... 1196 1029 130 194
16th Infantry ........... 918 819 89 217
17th Infantry ........... 950 614 61 97
18th Infantry ........... 875 449 33 109
19th Infantry ........... 985 562 86 91
20th Infantry ........... 925 359 13 130
21st Infantry ............ 980 531 66 157
22d Infantry ............. 1108 634 105 126
23d Infantry ............. 961 570 69 196
24th Infantry ............ 959 761 111 197
25th Infantry ............ 995 564 61 199
26th Infantry ............ 919 562 69 204
27th Infantry ............ 940 530 21 162
28th Infantry ............ 956 696 76 180
29th Infantry ............ 1005 511 36 248
30th Infantry ............ 978 646 63 233
31st Infantry ............ 977 540 27 261
32d Infantry ............. 925 589 89 203
33d Infantry ............. 985 580 62 196
34th Infantry ............. 953 561 6 228
34th Consolidated ..... ... 72 5 13
35th Infantry ............. 984 510 42 182
36th Infantry ............. 986 619 59 226
37th Infantry ............. 914 503 3 141
38th Infantry ............. 910 431 1 310
39th Infantry ............. 933 406 54 119
40th Infantry ............. 900 361 15 179
41st Infantry .............. 294 17 .. 2
44th Infantry ............. 867 15 .. 14
45th Infantry ............. 912 22 1 17
46th Infantry ............. 892 28 1 23
47th Infantry ............. 884 47 .. 45
48th Infantry ............. 346 4 .. 4
1st African Infantry ... 903 383 5 331
Totals .............. 56,364 30,394 3, 139 8,695
History of Chickasaw and Howard Counties Iowa, by W. E. Alexander, Western Publishing Company, Decorah, Iowa, 1883.