CHAPTER 1 __________
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Arbitrary political divisions, large or small, do not necessarily determine ownership or establish a clear title. In tracing the title to our county, we find it cloudy at the further end. A complete abstract, meeting all the requirements of a sensitive conscience and fulfilling exact justice, can not be made and no court of record can possibly grant it. Like tracing many a family name, prudence would dictate not to trace it too far lest the final discovery might be embarrassing. Originally there was no right of title or ownership other than the flimsy and absurd "right of discovery"~~the real occupants and owners not being taken into consideration~~a custom adopted b European nations in accordance with an understanding among them that the discoverer could hold possession by establishing colonies. The country west of the Mississippi River, of which our county is a small integral part, was discovered by the Spaniards and held by them for a time, but they never perfected title, such as it was. Subsequently it was visited and occupied by the French for nearly one hundred years and was then, in the course of European affairs, ceded back to Spain, which afterwards mad some effort to colonize and govern the great tract later known as Louisiana. The Spaniards had control of three hundred miles of the Mississippi River and established military posts at different points on the east bank from New Orleans northward to the mouth of the Ohio River, exacting heavy duties on all imports by way of the river to the Ohio regions. Page 2 Every boat ascending or descending the river was forced to submit to the most arbitrary exactions of the Spanish authorities. This the American citizen considered a clear case of "hold-up," and resolved to endure it no longer than measures could be taken to suppress such highway robbery. It was a live question of immediate and personal concern to the western population of the United States. The pressure which was bought to bear from this section led our government to demand the free navigation of the river~~not as a favor, but as an absolute right. Public sentiment was unanimous on this question and President Jefferson, responding to the demands of the people, sought to solve this vexatious problem through the peaceable methods of diplomacy. Congress authorized him to send commissioners to the courts of Spain and France, and vested him with large discretionary power to make the best possible terms. Fortunate, indeed, for our republic was the treaty made between the two powers mentioned, on March 1st, 1801, by which France again obtained possession and control of the vast territory of Louisiana. Our commissioners were chosen, given due authority and hastened on their journey. Arriving at Paris, they laid before the French government the object of their visit. In conversation with Tallyrand, Napoleon's prime minister, it was learned that France was well disposed and a satisfactory arrangement could easily be made; it was even hinted that possibly she would sell outright her possessions in the New World. The commissioners were advised by the French statesman "to think it over" during the night. The next day Napoleon himself told Mr. Livingston, one of the commission, that he would "give them a splendid bargain for a mere trifle," and thus an undertaking which originally contemplated merely the establishing of trade relations, opened up the question of the purchase of a vast empire. No doubt Napoleon was influenced in this matter by his comparative helplessness to defend this great territory against the English, with whom war was inevitable. The price which he finally named was $15,- Page 3 000,000, and after considerable parley, this was agreed to by the commission and the transfer was duly made. The price agreed upon seemed to many at that time a fabulous sum~~"enough to pay all expenses of the government for eighteen months. The timid Yankees of that early day were alarmed on account of the enormous debt which this sum in bonds would represent, which demonstrates how limited is the foresight of even the wisest in any generation of men. This transaction was the most important event of our history since the formation of the National Union accomplished through the patriotism, courage and devotion of the founders of our government after having endured eight years of the stress of war. Soon afterwards, our flag was unfurled in triumph over the city of New Orleans, typifying our National sovereignty in the newly acquired possessions. From that time our nation has steadily expanded, extending its domain west of the Mississippi to the Pacific Ocean and north from the Gulf of Mexico to British America. We sought merely an outlet to the Gulf and obtained by peaceable methods,~~by barter and sale,~~an empire of unparalleled richness and extent. The transfer of this imperial domain from Europe to America was one of those transactions which render the period of their accomplishment memorable for all time. "Our Revolutionary Father," says Lowell, "were men with empires in their brains," men of prophetic foresight, and the actual results of their labors far surpassed the ulterior dreams of the wisest of them. The vast territory acquired was greater in extent than France, German, Great Britain, Italy, Spain and Portugal combined and is now occupied by fourteen great states of the American Union, whose taxable wealth exceeds $7,000,000,000, and whose population is over 16,000,000. It is true that in any event the acquisition of this territory by the United States could hardly have been long delayed, although had it passed into the hands of England, our history might have been far different. It was well, Page 4 however, that it came into our possession so early. The spirit of the age, under the guidance of that Providence which directs the great movements of human society, conspired to accomplish this event so fraught with blessings to mankind, and this in spite of the ambitions and conflicting characteristics of the distinguished actors by whom the deal was made. On one hand was Napoleon, who dreamed of establishing a Latin empire reaching from the Gulf to the Pacific Ocean, assuring in future ages the glory and power of France, and he of all the sovereigns of Europe seemed least likely to yield up so glorious a project. On the other hand was Jefferson, who was wedded to the doctrine of strict construction of American constitution and doubted that it permitted the acquisition of the territory by purchase. He was wisely guided, however, "by the spirit that giveth life and not by the letter that killeth," and he stands vindicated in history. No human influence could have controlled either of these men and it seemed as if they obeyed the mandate of fate which was, in the case of each, the mandate of enlightened patriotism. France, having divested herself of this encumbrance, was better fitted for the supreme gladiatorial effort which awaited her and Jefferson gained immortal fame by preferring an immense benefit to his country rather than consistency in the narrow construction of the written law. The first year after the acquisition of this territory, it was placed under the jurisdiction of the judges and governor of Indiana. Two years later it was designated as the Territory of Louisiana and after about eight years more, was included in the Territory of Missouri. Nine years afterward, in 1821, that portion of the "purchase" which includes Iowa was forever dedicated to freedom by a compromise with the forces of slavery and for fourteen years our present state was a political orphan without governmental parentage. For the purpose of temporary government, it was attached to the Territory of Michigan. The Capitol was in the eastern Page 5 part of the territory, at Belmont, Iowa County, (now Lafayette County) Wisconsin, where the first session of the Territorial Legislature was held in 1836. Gov. Mason, in his message of Sept., 1, 1834, referred to the inhabitants of the Iowa country as "an intelligent, industrious and enterprising people who depended alone on their own virtue, intelligence and good sense as a guarantee of their mutual land undivided rights," and he urged the immediate organization for them of one or two counties with one or two townships in each county. This suggestion was acted upon in "An act to lay off and organize counties west of the Mississippi River" which was passed and approved. The counties of Des Moines and Dubuque were subsequently formed. This act provided that each county should constitute a township, and provided also for an election of township officers on the first Monday in November, 1834. It appears that the offices of the newly acquired counties~~each of these large enough to make a respectable state~~were filled by the Governor of the Territory of MIchigan, by and with the consent of the Legislative Council. The people were impatient because of existing conditions, there being no courts of civil or criminal jurisdiction, and, impelled by the sentiment of American liberty with a desire to govern themselves, held a delegate convention in November, 1837. Here the attention of Congress was called to this subject of vital importance to the people west of the Mississippi. The people of the western part of what had been the Territory of Michigan had framed and adopted a state constitution as early as 1835, and had elected state officers, but on account of a dispute with Ohio as to boundaries, Congress was in no hurry to recognize the new state. The territorial epoch of our history dates from the 4th of July, 1836, when Wisconsin was constituted a separate territory for the purpose of temporary government, and our first code of law was an act to establish the territorial government of Wisconsin. We must remember that at that time Iowa was a constituent part and not an adjunct of Wisconsin and that the area west Page 6 with indefinite borders, was largely in excess of the area east of the Mississippi River. After one session of the territorial legislature, the seat of government was transferred from Belmont to Burlington. In the year 1838 the name "Iowa" was given to that portion west of the river, known as the "Black Hawk Purchase," which was a strip of land along the eastern border of Iowa, beginning fifty miles north of the border of Missouri and extending to the mouth of the upper Iowa River, containing perhaps six million acres. The western line of the territory was parallel with the Mississippi River. After this organization was effected, the people at once became interested and eager for the formation of a new territory separate from Wisconsin. Meetings were held and a general campaign of education inaugurated among the people throughout the proposed state. The people of Des Moines County were the first to make a move in this direction owing probably to the fact that Burlington, the capital, was located in its borders, and would give them a commanding influence in the movement. A spontaneous outpouring of the people in this little town of six or eight hundred inhabitants occurred Sept. 16, 1837, and in the spirit of our democratic institutions it was resolved that "while we have the utmost confidence in the ability, integrity and patriotism of those who control the destinies of our present territorial government and of our delegates in the Congress of the United States, we do nevertheless look to a division of the territory and the organization of a separate territorial government by Congress, west of the Mississippi River, as the only means of immediately and fully securing to the citizens there-of the benefits and immunities of a government of laws." In less than two months afterwards, delegates from seven organized counties formulated and sent a memorial to Congress relating to pre-emption, the northern boundary of Missouri and a division of the territory. The meeting was well timed, coming during a session of the Legislative Assembly. The members of its body were observers of the earnestness and impressed with the justice of Page 7 the claim and joined with the people of the proposed new state of Iowa in their movement for statehood, issuing a lengthy recommendation to Congress that their request be granted. Congress accordingly took the matter under consideration and favorable action was taken by both House and Senate, which received on June 12, 1838, the approval of President Van Buren. There was, however, persistent hostility to this act from southern members of Congress who were jealous of the growing power and influence of the North, which they considered a menace to their peculiar institution of slavery. To preserve the balance of power between the two sections, they insisted they would oppose the admission of free states so long as the fanatical North poured into the House memorials against the annexation of Texas. Mr. Shepard of North Carolina found other reasons. He contended that the object of the measure was really to open up fresh fields for land sharks and speculators and to find place for political favorites. In the course of his remarks he stated that he had no sympathy with the settlers, whom he styled "squatters," "who have left their own homes and seized upon the public lands, cut down the timber, built houses and cultivated the soil as if it were their own property." "These are they who required a governor and council, judges and marshals, when every act of their lives is contrary to justice and every petition which they make is an evidence of their guilt and violence. We, who are insulted, whose authority is trampled under foot, are asked for new privileges and favors. The guardians of the law are approached by its open contemners [contemnors] and begged to establish for these modest gentlemen a dignified government." He was very emphatically in favor of putting them off at the point of the bayonet if they did not behave more peaceably. He declared that if the Territory of Iowa be now established it would soon become a state "and if we cross the Mississippi under the powerful patronage of this government, the cupidity and enterprise of
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