TERRITORIAL HISTORY

    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 Louisiana purchase, and provide for a temporary government. By another act of the same session, approved March 28, 1804, the newly acquired country was divided, October 1, 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 Indiana Territory.

    In 1805, the District of Louisiana was organized as a Territory with a government of its own. In 1807, 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

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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, 1835, Gen. George 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 OF WISCONSIN,

of which Gen. Henry Dodge was appointed Governor; John S. Horner, Secretary of the Territory; Charles Dunn, Chief Justice; David Irwin and William C. Frazer, Associate Justices.

    September 9, 1836, Governor 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 Fally, Thomas McKnight, Thomas McCraney. House: Loring Wheeler, Hardin Nowlan, Peter Hill Engle, Patrick Quigley, Hosea T. Camp.

    Des Moines County—Council: Jeremiah Smith, Jr., Joseph B. Teas, Arthur B. Ingram. 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 the Wisconsin Territorial Legislature, in 1836, the county of Des Moines was divided into 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 a 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. George 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 estab-

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lish 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 head water or sources of the Mississippi to the territorial line." The organic act provided for a Governor, whose term of office should be three years, and for a Secretary, Chief 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. It also appropriated $5,000 for a public library, and $20,000 for 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, Associated 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 Burlington, 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. Swazey, Arthur Ingram, 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.

   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

*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.

†Samuel R. Murray was returned as elected from Clinton County, but his seat was successfully contested by Burchard.

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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. Champman 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 permanent 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; 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 Nap-

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leon, Johnson County, May 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, 1839. 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 is located in the center of this square. The second Territorial Legislature, which assembled in November, 1839, passed an act requiring 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 new 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 bee established as the boundary between Iowa and Missouri. The Constitution of Missouri defined her northern boundary to be the parallel of latitude which passes through the middle 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, however, 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 peaceable adjustment of the difficulty. Upon their arrival, they found that the County Commissioners of Clarke County, Missouri, had rescinded their order for the collecting of the taxes, and that Gov. Boggs had despatched messengers to the Governor of Iowa proposing

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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 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 the principal rivers and streams, and out over the broad and 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 westward. The following extract from Judge Nourse's Centennial Address shows how the immigrants 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

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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 immigrations 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 hour 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 of the night of the 30th of April, these were lighted, and when the midnight hour arrived, it was announced 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 sundown of the 1st day 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 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 man 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 by 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 laws 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 and 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 transfers a valid consideration to support a promise to pay for the same. (Acts of 1843, 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 accumulate 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

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broken up; and all that was hallowed on earth, the home of childhood and the scenes of youth, we severed; and we sat down 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 laid 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 I only received $50.00 in money. Wheat was hauled 100 miles from the interior, and sold for 37 1/2 cents per bushel.

    Another old settler, speaking of a later period, 1843, says:

    Land and everything had gone down in value to almost nominal prices. Corn and oats could be bought for six or ten cents a bushel; pork, $1.00 per hundred; and the best horse a man could raise sold out 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. These were indeed "the times that tried men's souls."

    "A few," says Mr. Nourse, "who were not equal to the trial, returned to their old homes, but such as had the 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 1841-42. 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 $15,000.

    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 Capitol Quarry," and contains, it is thought, an immense quantity of excellent 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 accounted for by the fact that the officers in charge of the work was 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 certificates of indebtedness, and from scrip, based upon unsold lots, which was to be received in payment for such lots 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 disbursements 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.

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    Iowa remained a Territory from 1838 to 1846, during which the office of Governor was held by Robert Lucas, John Chambers and James Clarke.

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State Organization