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Full text of "The history of Benton County, Iowa, containing a history of the county, its cities, towns, &c., a biographical directory of its citizens, war record of its volunteers in the late rebellion, general and local statistics .."

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THE 



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HISTOEY 



OF 



Benton County. 



1 o ^^r j^. 



CONTAINING 



A Biographical Directory of its Citizens, War Record of its Vol- 
unteers in the late Rebellion, General and Local Statistics, v 
Portraits of Early Settlers and Prominent Men, His- 
tory of the Northwest, History of Iowa, Map 
of Benton County, Constitution of the 
United States, Miscellaneous 
Matters, &c. 



IliljTJSTiaJ^TEr)- 




CHICAGO: 
WESTERN HISTORICAL COMPANY, 

1R78. 



^ 






Entered, according to Act ol Congress, in the year 1878, by 

THE WESTERN HISTORICAL COMPANY, 

In the Office of the Librarian of Congress, at Washington, D. C. 




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Rc-9H 



PREFACE 



LESS than half a century has rolled into eternity since the resistless tide of 
emigration was permitted to flow across the Mississippi, by the extinguish- 
ment of the Indian title to any portion of the State of Iowa ; and only thirty-five 
years have gone since the Indians were the owners of nearly the whole of Benton 
County. Less than forty years have elapsed since the first log cabin was built 
by white settlers in Benton County ; and only thirty-two years since it became 
an independent county. But those fleeting years have been full of eventful 
changes — of history that it has been the purpose of this work to collect, arrange 
and preserve for transmission to posterity, as one of the almost countless chap- 
ters in the annals of this great country. 

The task has not been an easy one. Some years had passed after the first 
settlements by Wright, Hinkley, Lockhart, Bordwell and others, before 
any written records were made — indeed, before the western and central 
portions of the county were open to settlement ; and the written records made 
during the first five years of the existence of the county have been lost or 
destroyed. This has added very materially to our labor, and the compilers 
have been indebted largely to the recollections of the early settlers, who still 
remain to tell the story of their struggles, toils and privations, for many of the 
incidents recorded in the following pages. Men's memories fail, however, with 
the accumulating burdens of years, and it frequently happens that incidents 
and events that were fresh and vivid in memory ten or fifteen years ago, are 
now so nearly lost that they are recalled with difficulty. Justice to ourselves 
requires us to state, also, that many persons to whom application was made for 
information made no reply. 

In the absence of written records, it has often occurred that dift'erent indi- 
viduals have given honest but nevertheless conflicting versions of the same 
event ; and it has been a task of extreme delicacy to harmonize these diverse 
statements, and arrive at the absolute truth as nearly as it is possible for human 
judgment to do. How thorough and well this task has been performed is for 
the intelligent reader to judge. It is not to be expected that the work is beyond 
criticism, or that, in all its numerous and varied details, it is absolutely correct ; 
but it is hoped and believed that it will be found measurably correct, and, in the 
main, accurate and reliable. Studious care has been constantly exercised in 
the preparation of the text, in the hope of making a standard work of refer- 
ence, as well as a volume of interest to the general reader. 



PREFACE. 

Such as it shall be found to be, however, our work is done, our offering 
completed, and it remains for us to tender a grateful acknowledgment to the 
people of Benton County for the liberal patronage that has enabled us to pre- 
sent them with this volume, and for the courtesy and kindness extended to our 
representatives, to whom was intrusted the work of collecting and arranging 
the historical record herein presented to posterity. 

Particularly do we desire to express our warmest thanks to those citizens 
who have so generously and so freely furnished so much valuable information, 
without whose aid this history of Benton could not have been so complete as it is 
hoped it will be found to be. To James Rice, Esq., Dr. J. C Traer, James 
Wood, Esq., L. D. Bordwell, Esq., J. C. Collister, John W. Filkins, 
J. F. Pyne, Prof. S. A. Knapp, W. H. Ehred, Clerk of Le Roy Township; 
to the county officers, who have so courteously and kindly aided us and placed 
the official records of the county at our disposal ; to the members of the press 
of the county — particularly the Vinton Eagle — who have so generously offered 
us free access to their files ; to the clergymen and official representatives of the 
churches, lodges and societies — this paragraph of grateful appreciation and 
thanks is respectfully dedicated. 

We are also under obligation to the Post Office Department at Washing- 
ton, for courtesies extended to our representatives. 

In conclusion, we must be permitted to express the earnest hope that before 
twoscore more of years have passed, other and abler pens than ours will have 
gathered and recorded the historic events that are to follow the close of this 
offering to the people of Benton, that the history of the county may be pre- 
served unbroken from generation to generation ; and to this end, public records, 
private journals and newspaper files should be carefully preserved. 

Publishers. 

August, 1878. 




CONTENTS. 



HISTORICAL.. 



Page. 

History Northwest Territory 19 

Geographical Position 19 

Early Kxploiations 20 

Discovery of the Ohio 33 

English Explorations and Set- 
tlements 35 

American Settlements GO 

Division of the Northwest Ter- 
ritory 66 

Tecumseh and the War of 1812 70 
Black Hawk and the Black 

Hawk War 74 

Other Indian Troubles 79 

Present Condition of the North- 
west 86 

Chicago 95 

Illinois 240 

Indiana 242 

Iowa.. 243 

Michigan 244 

Wisconsin 245 

Minnesota 247 

Nebraska 248 

History of Iowa: 

Geographical Situation 109 

Topography 109 

Drainage System 110 

Rivers. Ill 

Lakes 118 

Springs 119 

Prairies 120 

Geology 120 

Climatology 137 

Discovery and Occupation 139 

Territory 147 



Page. 

Indians 147 

Pike's Expedition 151 

Indian Wars 152 

Black Hawk War 157 

Indian Purchase, Reserves and 

Treaties 159 

Spanish Grants 103 

History of Iowa : 

Half-Breed Tract 164 

Early Settlements 166 

Territorial History 173 

Boundary Question 177 

State Organization 181 

Growth and Progress 185 

Agricultural College and Farm.186 

State University 187 

State Historical Society 193 

Penitentiaries 194 

Insane Hospitals 195 

College for the Blind 197 

Deaf and Dumb Institution 199 

Soldiera' Orphans' Homes 199 

State Normal School 201 

Asylum for Feeble Minded 

Children 201 

Reform School 262 

Fish Hatching Establishment..2n3 

Public Lands 204 

Public Schools 218 

Political Record 223 

War Record 229 

Number Volunteers 233 

Number Casualties — Officers. ..234 
Number Casualties — Enlisted 

Men 236 



Pagb. 

History ol Iowa : 

Population 238 

Agricultural Statistics 274 

History of Beaton County from its 
early settlement to the pres- 
ent time 307 

War History 384 

Roster 392 

County Officers 406 

Educational 411 

Press 417 

Post Offices 419 

Agricultural Societies 420 

Bledical Society 421 

Patrons of Husbandry 421 

Blind Asylum 423 

Miscellaneous 424 

Real and Personal Property 469 

Tax Levied, 1877 470 

Vote, 1876 471 

Town Histories: 

Vinton 424 

Belle Plaine 443 

Blairstown 453 

Shellsburg 459 /^ 

Luzerne 463 

Florence and Norway 465 

Watkins 466 

Mount Auburn 467 

Benton 467 

Benton City 467 

Irving 468 

Marysville 468 



ILiIiUSTRATIONS. 



Page. 

Mouth of the Mississippi 21 

Source of the Mississippi 21 

AVild Prairie 23, 

La Salle Landing on the Shore of 

Green Bay 25 

Buffalo Hunt 27 

Trapping 29 

Hunting 32 

Iroquois Chief 34 

Pontiac, the Ottawa Chieftain 43 

Indians Attacking Frontiersmen.. 56 
A Prairie Storm 59 i 



Page. 

A Pioneer Dwelling 61 

Breaking Prairie 63 

Tecumseh, the Shawanoe Cliieftain 69 

Indians Attacking a Stockade 72 

Black Hawk, the Sac Chieftain 75 

Big Eagle 8(i 

Captain Jack, the Modoc Chieftain 83 

Kinzie House 85 

A Representative Pioneer 86 i 

Lincoln Monument 87 

A Pioneer School House 88 , 



Page 

Pioneers' First Winter 94 

Great Iron Bridge of C, R. I. Sc P. 
R. R., Crossing the Mississippi at 

Davenport, Iowa 91 

Chicago in 1833 95 

Old Fort Dearborn, 1830 98 

Present Site Lake Street Bridge, 

Chicago, 1833 98 

Ruins of Chicago 104 

View of the City of Chicago 106 

Hunting Prairie Wolves 249 



L,ITHOCiKAI»III€ PORTKAITS. 



Page. I 

Hcrridge, Geo 425-+ Nichols, John D, 

Johnson, E. S.'. 



Page. 
373 



441 1 Tobin, T 407- Watson, Saml. H 339 

.__ I — . _ „ „.., ^Vood, Jas 305 



McMorris, J 227 I Voris, D. E 261 



Page. 
Voris, F. R 27* 



CONTENTS. 



BEIVTOIV' COrXTY VOLiUKTEERS. 



Page. 
Infantry : 

First 392 

Eighth 393 

Twelfth 395 

Thirteenth 395 

Eighteenth 397 



Page. 

Infantry : 

Twenty-eighth 398 

Fortieth 400 

Forty-seventh 401 

Cavalry : 

Fifth, Veteran 401 



Page. 

Cavalry : 

Sixth 401 

Seventh 402 

Ninth 402 

Miscellaneous 402 



BIOORAPHICAL. TOWXSHIP DIRECTORY. 



Page. 

Big Grove 579 

Benton 618 

Bruce 597 

Canton 557 

Cedar 545 

Eden 573 

Eldorado 630 



Page. 

Florence 623 

Fremont 585 

Harrison 538 

Homer 609 



Page. 

LeBoy 521 

Monroe 591 

Polk 604 

St. Clair 635 



Iowa 504 \ Taylor 473 

Jackson .541 i Union 616 

Kane 551 | 



ABSTRACT OF IOWA STATE EAWS. 



Page. 

Adoption of Children 287 

Bills of E.Ychange and Promissory 

Notes 275 

Commercial Terms 289 

Capital Punishment 282 

Charitable, Scientific and Religious 

Associations 300 

Descent 275 

Damages from Trespass 284 

Exemptions from Execution 282 

Estrays 283 

Forms : 

Articles of Agreement 291 

Bills of Sale 292 

Bond for Deed 299 

Bills of Purchase 290 



Page. 
Forms : 

Chattel Mortgage 298 

Confession of Judgment 290 

Lease 296 

Mortgages 294 

Notice to Quit 293 

Notes 290,297 

Orders 290 

Quit Claim Deed 299 

Receipts 290 

Wills and Codicils 293 I 

AVarranty Deed 298 

Fences 284 

Interest 275 

Intoxicating Liquors 301 

Jurisdiction of Courts 281 



Page. 

Jurors 281 

Limitation of Actions 281 

Landlord and Tenant 288 

Married Women 282 

Marks and Brands 284 

Mechanics' Liens. 285 

Koads and Bridges 286 

Survej'ors and Surveys 287 

Suggestions to Persons Purchasing 

Books by Subscription 303 

Support of Poor 287 

Taxes 277 

Wills and Estates 276 

Weights and Measures 289 

Wolf Scalps 2S4 



Page. 

Map of Benton County.' Front. 

Constitution of United States 250 

Vote for President and Vice Pres- 
ident 264 

Practical Rules for Every-Day Use..265 
United States Government Land 
Measure 268 



MISC EiiL. A^NEOIT!!^. 

Page. 

Surveyor's Measure 269 

How to Keep Accounts 269 

Interest Table 270 

Miscellaneous Tai'le 270 

Names of the States of the Union 

and their Significations 271 

Population of the United States 272 



Page 

Population of Fifty Principal Cities 
of the United States 272 

Population and Area of the United 
States 273 

Population of the Principal Coun- 
tries in the World 273 

Population of Benton Couijty 304 




>^ -rvr ^^ ^^ 



The Northwest Territory. 



GEOGRAPHICAL POSITION. 

When the Northwestern Territory was ceded to the United States 
by Virginia in 1784, it embraced only the territory lying between the 
Ohio and the Mississippi Rivers, and north to the northern limits of the 
United States. It coincided with the area now embraced in the States 
of Ohio, Indiana, Michigan, Illinois, Wisconsin, and that portion of 
Minnesota lying on the east side of the Mississippi River. The United 
States itself at that period extended no farther west than the Mississippi 
River ; but by the purchase of Louisiana in 1803, the western boundary 
of the United States was extended to the Rocky Mountains and the 
Northern Pacific Ocean. The new territory thus added to the National 
domain, and subsequently opened to settlement, has been called the 
" New Northwest," in contradistinction from the old " Northwestern 
Territory." 

In comparison with the old Northwest this is a territory of vast 
magnitude. It includes an area of 1,887,850 square miles ; being greater 
in extent than the united areas of all the Middle and Southern States, 
including Texas. Out of this magnificent territory have been erected 
eleven sovereign States and eight Territories, wnth an aggregate popula- 
tion, at the present time, of 13,000.000 inhabitants, or nearly one third of 
the entire population of the United States. 

Its lakes are fresh-water seas, and the larger rivers of the continent 
flow for a thousand miles through its rich alluvial valleys and far- 
stretching prairies, more acres of which are arable and productive of the 
highest percentage of the cereals than of any other area of like extent 
on the globe. 

For the last twenty years the increase of population in the North- 
west has been about as three to one in any other portion of the United 
States. 

(19) 



20 THE NORTHWEST TERRITORY. 



EARLY EXPLORATIONS. 

In the year 1541, DeSoto first saw the Great West in the New 
World. He, however, penetrated no farther north than the 35th parallel 
of latitude. The expedition resulted in his death and that of more than 
half his army, the remainder of whom found their way to Cuba, thence 
to Spain, in a famished and demoralized condition. DeSoto founded no 
settlements, produced no results, and left no traces, unless it were that 
he awakened the hostility of the red man against the white man, and 
disheartened such as might desire to follow up the career of discovery 
for better purposes. The French nation were eager and ready to seize 
upon any news from this extensive domain, and were the first to profit by 
DeSoto's defeat. Yet it was more than a century before any adventurer 
took advantage of these discoveries. 

In 1616, four years before the pilgrims " moored their bark on the 
wild New England shore," Le Caron, a French Franciscan, had pene- 
trated through the Iroquois and Wyandots (_Hurons) to the streams which 
run into Lake Huron ; and in 1634, two Jesuit missionaries founded the 
first mission among the lake tribes. It was just one hundred years from 
the discovery of the Mississippi by DeSoto (1541) until the Canadian 
envoys met the savage nations of the Northwest at the Falls of St. Mary, 
below the outlet of Lake Superior. This visit led to no permanent 
result; yet it was not until 1659 that any of the adventurous fur traders 
attempted to spend a Winter in the frozen wilds about the great lakes, 
nor was it until 1660 that a station was established upon their borders by 
Mesnard, who perished in the woods a few months after. In 1665, Claude 
Allouez built the earliest lasting habitation of the white man among the 
Indians of the Northwest. In 1668, Claude Dablon and James Marquette 
founded the mission of Sault Ste. Marie at the Falls of St. Mary, and two 
years afterward, Nicholas Perrot, as agent for M. Talon, Governor Gen- 
eral of Canada, explored Lake Illinois (Michigan) as far south as the 
present City of Chicago, and invited the Indian nations to meet him at a 
grand council at Sault Ste. Marie the following Spring, where they were 
taken under the protection of the king, and formal possession was taken 
of the Northwest. This same year Marquette established a mission at 
Point St. Ignatius, where was founded the old town of Michillimackinac. 

During M. Talon's explorations and Marquette's residence at St. 
Ignatius, they learned of a great river away to the west, and fancied 
— as all others did then — that upon its fertile banks whole tribes of God's 
children resided, to whom the sound of the Gospel had never come. 
Filled with a wish to go and preach to them, and in compliance with a 



THE NORTHWEST TERRITORY. 



21 




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22 THE NORTHWEST TERRITO^tY. 

request of M. Talon, who earnestly desired to extend the domain of his 
king, and to ascertain whether the river flowed into the Gulf of Mexico 
or the Pacific Ocean, Marquette with Joliet, as commander of the expe- 
dition, prepared for the undertaking. 

On the 13th of May, 1673, the explorers, accompanied by five assist- 
ant French Canadians, set out from Mackinaw on their daring voyage of 
discovery. The Indians, who gathered to witness their departure, were 
astonished at the boldness of the undertaking, and endeavored to dissuade 
them from their purpose by representing the tribes on the Mississippi as 
exceedingly savage and cruel, and the river itself as full of all sorts of 
frightful monsters ready to swallow them and their canoes together. But, 
nothing daunted by these terrific descriptions, Marquette told them he 
was willing not only to encounter all the perils of the unknown region 
they were about to explore, but to lay down his life in a cause in which 
the salvation of souls was involved ; and having prayed together they 
separated. Coasting along the northern shore of Lake Michigan, the 
adventurers entered Green Bay, and passed thence up the Fox River and 
Lake Winnebago to a village of the Miamis and Kickapoos. Here Mar- 
quette 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 
giving them an abundant " chase." This was the farthest outpost to 
which Dablon and Allouez had extended their missionary labors the 
year previous. Here Marquette drank mineral waters and was instructed 
in the secret of a root which cures the bite of the venomous rattlesnake. 
He assembled the chiefs and old men of the village, and, pointing to 
Joliet, said : " My friend is an envoy of France, to discover new coun- 
tries, and I am an ambassador from God to enlighten them with the truths 
of the Gospel." Two Miami guides were here furnished to conduct 
them to the Wisconsin River, and they set out from the Indian village on 
the 10th of June, amidst a great crowd of natives who had assembled to 
witness their departure into a region where no white man had ever yet 
ventured. The guides, having conducted them across the portage, 
returned. The explorers launched their canoes upon the Wisconsin, 
which they descended to the Mississippi and proceeded down its unknown 
waters. What emotions must have swelled their breasts as they struck 
out into the broadening current and became conscious that they were 
now upon the bosom of ths Father of Waters. The mystery was about 
to be, lifted from the long-sought river. The scenery in that locality is 
beautiful, and on that delightful seventeenth of June must have been 
clad in all its primeval loveliness as it had been adorned by the hand of 



THE NORTHWEST TERRITORY. 



23 



Nature. Drifting rapidly, it is said that the bold bluffs on either hand 
" reminded them of the castled shores of their own beautiful rivers of 
France." By-and-by, as they drifted along, great herds of buffalo appeared 
on the banks. On going to the heads of the valley they could see a 
country of the greatest beauty and fertility, apparently destitute of inhab- 
itants yet presenting the appearance of extensive manors, under the fas- 
tidious cultivation of lordly proprietors. 




THE WILD PRAIRIE. 



On June 25, they went ashore and found some fresh traces of men upon 
the sand, and a path which led to the prairie. The men remained in the 
boat, and Marquette and Joliet followed the path till they discovered a 
village on the banks of a river, and two other villages on a hill, within a 
half league of the first, inhabited by Indians. They Avere received most 
hospitably by these natives, who had never before seen a white person. 
After remaining a few days they re-embarked and descended the river to 
about latitude 33°, where they found a village of the Arkansas, and being 
satisfied that the river flowed into the Gulf of Mexico, turned their course 



24 THE NORTHWEST TERRITORY. 

up the river, and ascending the stream to the mouth of the Illinois, 
rowed up that stream to its source, and procured guides from that point 
to the lakes. " Nowhere on this journey," says Marquette, •' did we see 
such grounds, meadows, woods, stags, buffaloes, deer, wildcats, bustards, 
swans, ducks, parroquets, and even beavers, as on the Illinois River." 
The party, without loss or injury, reached Green Bay in September, and 
reported their discovery — one of the most important of the age, but of 
which no record was preserved save Marquette's, Joliet losing his by 
the upsetting of his canoe on his way to Quebec. Afterward Marquette 
returned to the Illinois Indians by their request, and ministered to them 
until 1675. On the 18th of May, in that year, as he was passing the 
mouth of a stream — going with his boatmen up Lake Michigan — he asked 
to land at its mouth and celebrate Mass. Leaving his men with the canoe, 
he retired a short distance and began his devotions. As much time 
passed and he did not return, his men went in search of him, and found 
him upon his knees, dead. He had peacefull}^ passed away while at 
prayer. He was buried at this spot. Charlevoix, who visited the place 
fifty years after, found the waters had retreated from the grave, leaving 
the beloved missionary to repose in peace. The river has since been 
called Marquette. 

While Marquette and his companions were pursuing their labors in 
the West, two men, differing widely from him and each other, were pre- 
paring to follow in his footsteps and perfect the discoveries so well begun 
by him. These were Robert de La Salle and Louis Hennepin. 

After La Salle's return from the discovery of the Ohio River (see 
the narrative elsewhere), he established himself again among the French 
trading posts in Canada. Here he mused long upon the j)et project of 
those ages — a short way to China and the East, and was busily planning an 
expedition up the great lakes, and so across the continent to the Pacific, 
when Marquette returned from the Mississippi. At once the vigorous mind 
of LaSalle received from his and hi^ companions' stories the idea that by fol- 
lowing the Great River northward, or by turning up some of the numerous 
western tributaries, the object could easily be gained. He applied to 
Frontenac, Governor General of Canada, and laid before Iiim the plan, 
dim but gigantic. Frontenac entered warmly into his plans, and saw that 
LaSalle's idea to connect the great lakes by a chain of forts with the Gulf 
of Mexico would bind the countrj- so wonderfully together, give un- 
measured power to France, and glory to himself, under whose adminis- 
tration he earnestly hoped all would be realized. 

LaSalle now repaired to France, laid his plans before the King, who 
warmly approved of them, and made him a Chevalier. He also receivad 
from all the noblemen the warmest wishes for his success. The Ghev- 



THE NORTHWEST TERRITORY. 



25 



alier returned to Canada, and busily entered upon his work. He at 
once rebuilt Fort Frontenac and constructed the first ship to sail on 
these fresh-water seas. On the 7th of August, 1679, having been joined 
by Hennepin, he began his voyage in the Grifiin up Lake Erie. He 
passed over this lake, through the straits beyond, up Lake St. Clair and 
into Huron. In this lake they encountered heavy storms. They were 
some time at Michillimackinac, where LaSalle founded a fort, and passed 
on to Green Bay, the " Baie des Puans " of the French, where he found 
a large quantity of furs collected for him. He loaded the Griffin with 
these, and placing her under the care of a pilot and fourteen sailors, 




LA SALLE LANDING ON THE SHORE OF GREEN BAY. 

started her on her return voyage. The vessel was never afterward heard 
of- He remained about these parts until early in the Winter, when, hear- 
ing nothing from the Griffin, he collected all the men — thirty working 
men and three monks — and started again upon his gi-eat undertaking. 

By a short portage they passed to the Illinois or Kankakee, called by 
the Indians, "Theakcke," tvolf. because of the tribes of Indians called 
by that name, commonly known as the Mahingans, dwelling there. The 
French pronounced it Kiakiki, which became corrupted to Kankakee. 
"Falling down the said river by easy journeys, the better to observe the 
country," about the last of December they reached a village of the Illi- 
nois Indians, containing some five hundred cabins, but at that moment 



26 THE NORTHWEST TERRITORY. 

no inhabitants. The Seur de LaSalle being in want of some breadstuffs, 
took advantage of the absence of the Indians to help himself to a suffi- 
ciency of maize, large quantities of which he found concealed in holes 
under the wigwams. This village was situated near the present village 
of Utica in LaSalle County, Illinois. The corn being securely stored, 
the voyagers again betook themselves to the stream, and toward evening, 
on the 4th day of January, 1680, they came into a lake which must have 
been the lake of Peoria. This was called by the Indians Pim-i-te-wi^ that 
is, a place where there are many fat beasts. Here the natives were met 
with in large numbers, but they were gentle and kind, and having spent 
some time with them, LaSalle determined to erect another fort in that 
place, for he had heard rumors that some of the adjoining tribes were 
trying to disturb the good feeling which existed, and some of his men 
were disposed to complain, owing to the hardships and perils of the travel. 
He called this fort " Crevecoeur"' (broken-heart), a name expressive of the 
very natural sorrow and anxiety which the pretty certain loss of his ship, 
Griffin, and his consequent impoverishment, the danger of hostility on the 
part of the Indians, and of mutiny among his own men, might well cause 
him. His fears were not entirely groundless. At one time poison was 
placed in his food, but fortunately was discovered. 

While building this fort, the Winter wore away, the prairies began to 
look green, and LaSalle, despairing of any reinforcements, concluded to 
return to Canada, raise new means and new men, and embark anew in 
the enterprise. For this purpose he made Hennepin the leader of a party 
to explore the head waters of the Mississippi, and he set out on his jour- 
ney. This journey was accomplished with the aid of a few persons, and 
was successfully made, though over an almost u \known route, and in a 
bad season of the year. He safely reached Cana ia, and set out again for 
the object of his search. 

Hennepin and his party left Fort Crevecceur on the last of February, 
1680. When LaSalle reached this place on his return expedition, he 
found the fort entirely deserted, and he was obliged to return again to 
Canada. He embarked the third time, and succeeded. Seven days after 
leaving the fort, Hennepin reached the Mississippi, and paddling up the 
icy stream as best he could, reached no higher than the Wisconsin River 
by the 11th of April. Here he and his followers were taken prisoners by a 
band of Northern Indians, who treated them with great kindness. Hen- 
nepin's comrades were Anthony Auguel and Michael Ako. On this voy- 
age they found several beautiful lakes, and " saw some charming prairies." 
Their captors were the Isaute or Sauteurs, Chippewas, a tribe of the Sioux 
nation, who took them up the river until about the first of May, when 
they reached some falls, which Hennepin christened Falls of St. Anthony 



THE NORTHWEST TERRITORY. 



27 



in honor of his patron saint. Here they took the land, and traveling 
nearly two hundred miles to the northwest, brousrht them to their villaaes. 
Here they were kept about three months, were treated kindly by their 
captors, and at the end of that time, were met by a band of Frenchmen, 




BUFFALO HUNT. 



headed by one Seur de Luth, who, in pursuit of trade and game, had pene- 
trated thus far by the route of Lake Superior ; and with these fellow- 
countrymen Hennepin and his companions Avere allowed to return to the 
borders of civilized life in November, 1680, just after LaSalle had 
returned to the wilderness on his second trip. Hennepin soon after went 
to France, where he published an account of his adventures. 



28 THE NORTHWEST TERRITORY. 

The Mississippi was first discovered by De Soto in April, 1541, in his 
vain endeavor to find gold and precious gems. In the following Spring, 
De Soto, weary with hope long deferred, and worn out with his wander- 
ings, he fell a victim to disease, and on the 21st of May died. His followers, 
reduced by fatigue and disease to less than three hundred men, wandered 
about the country nearly a year, in the vain endeavor to rescue them- 
selves by land, and finally constructed seven small vessels, called brigan- 
tines, in which they embarked, and descending the river, supposing it 
would lead them to the sea, in July they came to the sea (Gulf of 
Mexico), and by September reached the Island of Cuba. 

They were the first to see the great outlet of the Mississippi ; but, 
being so weary and discouraged, made no attempt to claim the country, 
and hardly had an intelligent idea of what they had passed through. 

To La Salle, the intrepid explorer, belongs the honor of giving the 
first account of the mouths of the river. His great desire was to possess 
this entire country for his king, and in January, 1682, he and his band of 
explorers left the shores of Lake Michigan on their third attempt, crossed 
the portage, passed down the Illinois River, and on the 6th of February, 
reached the banks of the Mississippi. 

On the 13th they commenced their downward course, which they 
pursued with but one interruption, until upon the 6th of March they dis- 
covered the three great passages by which the river discharges its waters 
into the gulf. La Salle thus narrates the event : 

" We landed on the bank of the most western channel, about three 
leagues (nine miles) from its mouth. On the seventh, M. de LaSalle 
went to reconnoiter the shores of the neighboring sea, and M. de Tonti 
meanwhile examined the gjreat middle channel. Thev found the main 
outlets beautiful, large and deep. On the 8th we reascended the river, a 
little above its confluence with the sea, to find a dry place beyond t-he 
refvch of inundations. The elevation of the North Pole was here about 
twenty-seven degrees. Here we prepared a column and a cross, and to 
the column were affixed the arms of France with this inscription : 

Louis Le Grand, Roi De France et de Navarre, regne ; Le neuvieme Avril, 16S2. 

The whole party, under arms, chanted the Te I>eum, and then, after 
a salute and cries of " Vive le Roi," the column was erected by M. de 
La Salle, who, standing near it, proclaimed in a loud voice the authority of 
the King of France. LaSalle returned and laid the foundations of the Mis- 
sissippi settlements in Illinois, thence he proceeded to France, where 
another expedition was fitted out, of which he was commander, and in two 
succeeding voyages failed to find the outlet of the river by sailing along 
the shore of the gulf. On his third voyage he was killed, through the 



THE NORTHWEST TERRITORY, 



29 



treachery of his followers, and the object of his expeditions was not 
accomplished until 1G99, when D" Iberville, under the authority of the 
crown, discovered, on tlie second of March, by way of the sea, the mouth 
of the " Hidden River." This majestic stream was called by the natives 
*^ Malbouchia,^' and by the Spaniards, ^'la Palissade,"' from the great 




W<'^ 



:t^ 






y§- 



S^,^ 



TRAPPING. 

number of trees about its mouth. After traversing the several outlets, 
and satisfying himself as to its certainty, he erected a fort near its western 
outlet, and returned to France. 

An avenue of trade ^vas now opened out which was fully improved. 
In 1718, New Orleans Avas laid out and settled by some European colo- 
nists. In 1762, the colony was made over to Spain, to be regained by 
France under the consulate of Napoleon. In 1803, it was purchased by 



30 THE NORTHWEST TERRITORY. 

the United States for the sum of fifteen million dollars, and the territory 
of Louisiana and commerce of the Mississippi River came under the 
charge of the United States. Although LaSalle's labors ended in defeat 
and death, he had not worked and suffered in vain. He had thrown 
open to France and the world an immense and most valuable country ; 
had established several ports, and laid the foundations of more than one 
settlement there. " Peoria, Kaskaskia and Cahokia, are to this day monu- 
ments of LaSalle's labors ; for, though he had founded neither of them 
(unless Peoria, which was built nearly upon the site of Fort Crevecceur,) 
it was by those whom he led into the West that these places were 
peopled and civilized. He was, if not the discoverer, the first settler of 
the Mississippi Valley, and as such deserves to be known and honored." 

The French early improved the opening made for them. Before the 
year 1698, the Rev. Father Gravier began a mission among the Illinois, 
and founded Kaskaskia. For some time this was merely a missionary 
station, where none but natives resided, it being one of three such vil- 
lages, the other two being Cahokia and Peoria. What is known of 
these missions is learned from a letter writteu b\^ Father Gabriel Marest, 
dated " Aux Cascaskias, autrement dit de Tlmmaculate Conception de 
la Sainte Vierge, le 9 Novembre, 1712." Soon after the founding of 
Kaskaskia, the missionary, Pinet, gathered a flock at Cahokia, while 
Peoria arose near the ruins of Fort Crevecceur. This must have been 
about the year 1700. The post at Vincennes on the Oubache river, 
(pronounced Wa-ba, meaning summer cloud moving swiftly') was estab- 
lished in 1702, according to the best authorities.* It is altogether prob- 
able that on LaSalle's last trip he established the stations at Kaskaskia 
and Cahokia. In July, 1701, the foundations of Fort Ponchartraiii 
were laid by De la Motte Cadillac on the Detroit River. These sta- 
tions, with those established further north, were the earliest attempts to 
occupy the Northwest Territory. At the same time efforts were being 
made to occupy the Southwest, which finally culminated in the settle- 
ment and founding of the City of New Orleans by a colony from England 
In 1718. This was mainly accomplished through the efforts of the 
famous Mississippi Company, established by the notorious John Law, 
who so quickly arose into prominence in France, and who with his 
scheme so quickly and so ignominiously passed away. 

From the time of the founding of these stations for fifty years the 
French nation were engrossed with the settlement of the lower Missis- 
sippi, and the war with the Chicasaws, who had, in revenge for repeated 

* There is considerable dispute about this date, some asserting it was founded as late as 1742. When 
the new court house at Vincennes was erected, all authorities on the subject were carefully examined, and 
. id-i fixed upon as the correct date. It was accordingly engraved on the corner-stone of the court hou:<e. 



THE NOKTHWEST TERRITORY. 31 

injuries, cut off the entire colony at Natchez. Although the company 
did little for Louisiana, as the entire West was then called, yet it opened 
the trade through the Mississippi River, and started the raising of grains 
indigenous to that climate. Until the year 1750, but little is known of 
the settlements in the Northwest, as it was not until tliis time that the 
attention of the English was called to the occupation of this portion of the 
New World, which they then supposed they owned. Vivier, a missionary 
among the Illinois, writing from " Aux Illinois," six leagues from Fort 
Chartres, June 8, 1750, says: "We have here whites, negroes and 
Indians, to say nothing of cross-breeds. There are five French villages, 
and three villages of the natives, within a space of twenty-one leagues 
situated between the Mississippi and another river called the Karkadaid 
(Kaskaskias). In the five French villages are, perhaps, eleven hundred 
whites, three hundred blacks and some sixty red slaves or savages. The 
three Illinois towns do not contain more than eight hundred souls all 
told. Most of the French till the soil; they raise wheat, cattle, pigs and 
horses, and live like princes. Three times as much is produced as can 
be consumed ; and great quantities of grain and flour are sent to New 
Orleans."' This city was now the seaport town of the Northwest, and 
save in the extreme northern part, where only furs and copper ore were 
found, almost all the products of the country found their way to France 
by the mouth of the Father of Waters. In another letter, dated Novem- 
ber 7, 1750, this same priest says : " For fifteen leagues above the 
mouth of the Mississippi one sees no dwellings, the ground being too low 
to be habitable. Thence to New Orleans, the lands are only partially 
occupied. New Orleans contains black, white and red, not more, I 
think, than twelve hundred persons. To this point come all lumber, 
bricks, salt-beef, tallow, tar, skins and bear's grease ; and above all, pork 
and flour from the Illinois. These things create some commerce, as forty 
vessels and more have come hither this year. Above New Orleans, 
plantations are again met with ; the most considerable is a colony of 
Germans, some ten leagues up the river. At Point Coupee, thirty -five 
leagues above the German settlement, is a fort. Along here, within five 
or six leagues, are not less than sixty habitations. Fifty leagues farther 
up is the Natchez post, where we have a garrison, who are kept prisoners 
through fear of the Chickasaws. Here and at Point Coupee, they raise 
excellent tobacco. Another hundred leagues brings us to the Arkansas, 
where we have also a fort and a garrison for the benefit of the river 
traders. * * * From the Arkansas to the Illinois, nearly five hundred 
leagues, there is not a settlement. There should be, however, a fort at 
the Oubache (Ohio), the only path by which the English can reach the 
Mississippi. In the Illinois country are numberless mines, but no one to 



32 



THE NORTHWEST TEK.KITOEY. 



work them as they deserve." Father Marest, writing from the post at 
Vinceniies in 181 2, makes the same observation. Vivier also says : " Some 
individuals dig lead near the surface and supply the Indians and Canada. 
Two Spaniards now here, who claim to be adepts, say that our mines are 
like those of Mexico, and that if we would dig deeper, we should find 
silver under the lead ; and at any rate the lead is excellent. There is also 
in this country, beyond doubt, copper ore, as from time to time large 
pieces are found in the streams." 



'%^- 
''^ 







HUNTING- 



At the close of the year 1750, the French occupied, in addition to the 
lower Mississippi posts and those in Illinois, one at Du Quesne, one at 
the Maumee in the country of the Miamis, and one at Sandusky in what 
may be termed the Ohio Valley. In the northern part of the Northwest 
they had stations at St. Joseph's on the St. Joseph's of Lake Michigan, 
at Fort Ponchartrain (Detroit), at Michillimackanac or Massillimacanac, 
Fox River of Green Bay, and at Sault Ste. Marie. The fondest dreams of 
LaSalle were now fully realized. The French alone were possessors of 
this vast realm, basing their claim on discovery and settlement. Another 
nation, however, was now turning its attention to this extensive country, 



THE NORTHWEST TERRITORY. 33 

and hearing of its wealth, began to lay plans for occupying it and for 
securing the great profits arising therefrom. 

The French, however, had another claim to this country, namely, the 



DISCOVERY OF THE OHIO. 

This " Beautiful " river was discovered by Robert Cavalier de La- 
Salle in 1669, four years before the discovery of the Mississippi by Joliet 
and Marquette. 

While LaSalle was at his trading post on the St. Lawrence, he found 
leisure to study nine Indian dialects, the chief of which was the Iroquois. 
He not only desired to facilitate his intercourse in trade, but he longed 
to travel and explore the unknown regions of the West. An incident 
soon occurred which decided him to fit out an exploring expedition. 

While conversing with some Senecas, he learned of a river called the 
Ohio, which rose in their country and flowed to the sea, but at such a 
distance that it required eight months to reach its mouth. In this state- 
ment the Mississippi and its tributaries were considered as one stream. 
LaSalle believing, as most of the French at that period did, that the great 
rivers flowing west emptied into the Sea of California, was anxious to 
embark in the enterprise of discovering a route across the continent to 
the commerce of China and Japan. 

He repaired at once to Quebec to obtain the approval of the Gov- 
ernor. His eloquent appeal prevailed. The Governor and the Intendant» 
Talon, issued letters patent authorizing the enterprise, but made no pro- 
vision to defray the expenses. At this juncture the seminary of St. Sul- 
pice decided to send out missionaries in connection with the expedition, 
and LaSalle offering to sell his improvements at LaChine to raise money, 
the offer was accepted by the Superior, and two thousand eight hundred 
dollars were raised, with which LaSalle purchased four canoes and the 
necessary supplies for the outfit. 

On the 6th of July, 1669, the party, numbering twenty-four persons, 
embarked in seven canoes on the St. Lawrence ; two additional canoes 
carried the Indian guides. In three days they were gliding over the 
bosom of Lake Ontario. Their guides conducted them directly to the 
Seneca village on the bank of the Genesee, in the vicinity of the present 
City of Rochester, New York. Here they expected to procure guides to 
conduct them to the Ohio, but in this they w'ere disappointed. 

The Indians seemed unfriendly to the enterprise. LaSalle suspected 
that the Jesuits had prejudiced their minds against his plans. After 
waiting a month in the hope of gaining their object, they met an Indian 



34 



THE NORTHWEST TERRITORY. 



from the Iroquois colony at the head of Lake Ontario, who assured them 
that they could there find guides, and offered to conduct them thence. 

On their way they passed the mouth of the Niagara River, when they 
heard for the first time the distant thunder of the cataract. Arriving 




LROtiUOlS YlUlKi)'. 

among the Iroquois, they met with a friendly reception, and learned 
from a Shawanee prisoner that they could reach the Ohio in six weeks. 
Delighted with the unexpected good fortune, they made ready to resume 
their journey ; but just as they were about to sta,rt they heard of the 
arrival of two Frenchmen in a neighboring village. One of them proved 
to bs Louis Joliet, afterwards famous as an explorer in the West. He 



THE NORTHWEST TERRITORY. 35 

had been sent by the Canadian Government to explore the copper mines 
on Lake Superior, but had failed, and was on his way back to Quebec. 
He gave the missionaries a map of the country he had explored in the 
lake region, together with an account of the condition of the Indians in 
that quarter. This induced the priests to determine on leaving the 
expedition and going to Lake Superior. LaSalle warned them that the 
Jesuits were probably occupying that field, and that they would meet 
with a cold reception. Nevertheless they persisted in their purpose, and 
after worship on the lake shore, parted from LaSalle. On arriving at 
Lake Superior, they found, as LaSalle had predicted, the Jesuit Fathers, 
Marquette and Dablon, occupying the field. 

These zealous disciples of Loyola informed them that they wanted 
no assistance from St. Sulpice, nor from those who made him their patron 
saint ; and thus repulsed, they returned to Montreal the following June 
without having made a single discovery or converted a single Indian. 

After parting with the priests, LaSalle went to the chief Iroquois 
village at Onondaga, where he obtained guides, and passing thence to a 
tributary of the Ohio south of Lake Erie, he descended the latter as far 
as the falls at Louisville. Thus was the Ohio discovered by LaSalle, the 
persevering and successful French explorer of the West, in 1669. 

The account of the latter part of his journey is found in an anony- 
mous paper, which purports to have been taken from the lips of LaSalle 
himself during a subsequent visit to Paris. In a letter written to Count 
Frontenac in 1667, shortly after the discovery, he himself says that he 
discovered the Ohio and descended it to the falls. This was regarded as 
an indisputable fact by the French authorities, who claimed the Ohio 
Valley upon another ground. When Washington was sent by the colony 
of Virginia in 1753, to demand of Gordeur de St. Pierre why the French 
had built a fort on the Monongahela, the haughty commandant at Quebec 
replied : " We claim the countr}' on the Ohio by \drtue of the discoveries 
of LaSalle, and will not give it up to the English. Our orders are to 
make prisoners of every Englishman found trading in the Ohio Valley." 



ENGLISH EXPLORATIONS AND SETTLEMENTS. 

When the new 3-ear of 1750 broke in upon the Father of Waters 
and the Great Northwest, all was still wild save at the French posts 
already described. In 1749, when the English first began to think seri- 
ously about sending men into the West, the greater portion of the States 
of Indiana, Ohio, Illinois, Michigan, Wisconsin, and Minnesota were yet 
under the dominion of the red men. The English knew, however, pretty 



36 THE NORTHWEST TERRITORY. 

conclusively of the nature of the wealth of these wilds. As early as 
1710, Governor Spotswood, of Virginia, had commenced movements to 
secure the country west of the Alleghenies to the English crown. In 
Pennsylvania, Governor Keith and James Logan, secretary of the prov- 
ince, from 1719 to 1731, represented to the powers of England the neces- 
sity of securing the Western lands. Nothing was done, liowever, by that 
power save to take some diplomatic steps to secure the claims of Britain 
to this unexplored wilderness. 

England had from the outset claimed from the Atlantic to the Pacific, 
on the ground that the discovery of the seacoast and its possession was a 
discovery and possession of the country, and, as is well known, her grants 
to the colonies extended " from sea to sea." This was not all her claim. 
She had purchased from the Indian tribes large tracts of land. This lat- 
ter was also a strong argument. As early as 1684, Lord Howard, Gov- 
ernor of Virginia, held a treaty with the six nations. These were the 
great Northern Confederacy, and comprised at first the Mohawks, Onei- 
das, Onondagas, Cayugas, and Senecas. Afterward the Tuscaroras were 
taken into the confederacy, and it became known as the Six Nations. 
They came under the protection of the mother country, and again in 
1701, they repeated the agreement, and in September, 1726, a formal deed 
was drawn up and signed by the chiefs. The validity of this claim has 
often been disputed, but never successfully. In 1744, a purchase was 
made at Lancaster, Pennsylvania, of certain lands within the " Colony of 
Virginia," for which the Indians received <£200 in gold and a like sura in 
goods, with a promise that, as settlements increased, more should be paid. 
The Commissioners from Virginia were Colonel Thomas Lee and Colonel 
William Beverly. As settlements extended, the promise of more pay was 
called to mind, and Mr. Conrad Weiser was sent across the mountains with 
presents to appease the savages. Col. Lee, and some Virginians accompa- 
nied him with the intention of sounding the Indians upon their feelings 
regarding the English. They were not satisfied with their treatment, 
and plainly told the Commissioners why. The English did not desire the 
cultivation of the country, but the monopoly of the Indian trade. In 
1748, the Ohio Company was formed, and petitioned the king for a grant 
of land beyond the Alleghenies. This was granted, and the government 
of Virginia was ordered to grant to them a half million acres, two hun- 
dred thousand of which were to be located at once. Upon the 12th of 
June, 1749, 800,000 acres from the line of Canada north and west was 
made to the Loyal Company, and. on the 29th of October, 1751, 100,000 
acres were given to the Greenbriar Company. All this time the French 
were not idle. They saw that, should the British gain a foothold in tlie 
West, especially upon the Ohio, they might not only prevent the French 



THE NORTHWEST TERRITORY. 37 

settling upon it, but in time would come to the lower posts and so gain 
possession of the whole country. Upon the 10th of May, 1774, Vaud- 
reuil. Governor of Canada and the F'rench possessions, well knowing the 
consequences that must arise from allowing the English to build trading 
posts in the Northwest, seized some of their frontier posts, and to further 
secure the claim of the French to the West, he, in 1749, sent Louis Cel- 
eron with a party of soldiers to plant along the Ohio River, in the mounds 
and at the mouths of its principal tributaries, plates of lead, on which 
were inscribed the claims of France. These were heard of in 1752, and 
within the memory of residents now living along the '' Oyo," as the 
beautiful river was called by the French. One of these plates was found 
with the inscription partly defaced. It bears date August 16, 1749, and 
a copy of the inscription with particular account of the discovery of the 
plate, was sent by DeWitt Clinton to the American Antiquarian Society, 
among whose journals it may now be found.* These measures did not, 
however, deter the English from going on with their explorations, and 
though neither party resorted to arms, yet the conflict was gathering, and 
it was only a question of time when the storm would burst upon the 
frontier settlements. In 1750, Christopher Gist was sent by the Ohio 
Company to examine its lands. He went to a village of the Twigtwees, 
on the Miami, about one hundred and fifty miles above its mouth. He 
afterward spoke of it as very populous. From there he went down 
the Ohio River nearly to the falls at the present City of Louisville, 
and in November he commenced a survey of the Company's lands. Dur- 
ing the Winter, General Andrew Lewis performed a similar work for the 
Greenbriar Company. Meanwhile the French were bus}^ in preparing 
their forts for defense, and in opening roads, and also sent a small party 
of soldiers to keep the Ohio clear. This party, having heard of the Eng- 
lish post on the Miami River, early in 1652, assisted by the Ottawas and 
Chippewas, attacked it, and, after a severe battle, in which fourteen of 
the natives were killed and others wounded, captured the garrison. 
(They were probably garrisoned in a block house). The traders were 
carried away to Canada, and one account says several were burned. This 
fort or post was called by the English Pickawillany. A memorial of the 
king's ministers refers to it as " Pickawillanes, in the center of the terri- 
tory between the Ohio and the Wabash. The name is probably some 
variation of Pickaway or Picqua in 1773, written by Rev. David Jones 
Pickaweke." 

^ The following is a translation of the inscription on the plate: "In the jear 1749. reign of Louis XV.. 
King of France, we, Celeron, commandant of a detachment by Monsienr the Marquis of Gallisonlere. com- 
mander-in-chief of New France, to establish tranquility in certain Indian villages of these cantons, have 
buried this plate at the confluence of the Toradakoin, this twenty- ninth of July, near the river Ohio, otherwise 
Beautiful River, as a monument of renewal of possession which we have taken of the said river, and all its 
tributaries; inasmuch as the preceding Kings of France have enjoyed it, and maintained it by their arms and 
treaties; especially by those of Ryswlck, Utrecht, and Alx La Chapelle." 



S8 THE NORTHWEST TERRITOEZ, 

This was the first blood shed between the French and English, and 
occurred near the present City of Piqua, Ohio, or at least at a point about 
forty-seven miles north of Dayton. Each nation became now more inter- 
ested in the progress of events in the Northwest. The English deter- 
mined to purchase from the Indians a title to the lands they wished to 
occupy, and Messrs. Fry (afterward Commander-in-chief over Washing- 
ton at the commencement of the French War of 1775-1763), Lomax and 
Patton were sent in the Spring of 1752 to hold a conference with the 
natives at Logstown to learn what they objected to in the treaty of Lan- 
caster already noticed, and to settle all difficulties. On the 9th of June, 
these Commissioners met the red men at Logstown, a little village on the 
north bank of the Ohio, about seventeen miles below the site of Pitts- 
burgh. Here had been a trading point for many years, but it was aban- 
doned by the Indians in 1750. At first the Indians declined to recognize 
the treaty of Lancaster, but, the Commissioners taking aside Montour, 
the interpreter, who was a son of the famous Catherine Montour, and a 
chief among the six nations, induced him to use his influence in their 
favor. This he did, and upon the 13th of June they all united in signing 
a deed, confirming the Lancaster treaty in its full extent, consenting to a 
settlement of the southeast of the Ohio, and guaranteeing that it should 
not be disturbed by them. These were the means used to obtain the first 
treaty with the Indians in the Ohio Valley. 

Meanwhile the powers beyond the sea were trying to out-manoeuvre 
each other, and were professing to be at peace. The English generally 
outwitted the Indians, and failed in many instances to fulfill their con- 
tracts. They thereby gained the ill-will of the red men, and further 
increased the feeling by failing to provide them with arms and ammuni- 
tion. Said an old chief, at Easton, in 1758 : " The Indians on the Ohio 
left you because of your own fault. When we heard the French were 
coming, we asked you for help and arms, but we did not get them. The 
French came, they treated us kindly, and gained our affections. The 
Governor of Virginia settled on our lands for his own benefit, and, when 
we wanted help, forsook us." 

At the beginning of 1653, the English thought they had secured by 
title the lands in the West, but the French had quietly gathered cannon 
and military stores to be in readiness for the expected blow. The Eng- 
lish made other attempts to ratify these existing treaties, but not until 
the Summer could the Indians be gathered together to discuss the plans 
of the French. They had sent messages to the French, warning them 
away ; but they replied that they intended to complete the chain of forts 
already begun, and would not abandon the field. 

Soon after this, no satisfaction being obtained from the Ohio regard- 



THE NORTHWEST TERRITORY. . 39 

ing the positions and purposes of the French, Governor Dinwiddie of 
Virginia determined to send to them another messenger and learn from 
them, if possible, their intentions. For this purpose he selected a young 
man, a surveyor, who, at the early age of nineteen, had received the rank 
of major, and who was thoroughly posted regarding frontier life. This 
personage was no other than the illustrious George Washington, who then 
held considerable interest in Western lands. He was at this time just 
twenty-two years of age. Taking Gist as his guide, the two, accompanied 
by four servitors, set out on their perilous march. They left Will's 
Creek on the 10th of November, 1753, and on the 22d reached the Monon- 
gahela, about ten miles above the fork. From there they Avent to 
Logstown, where Washington had a long conference with the chiefs of 
the Six Nations. From them he learned the condition of the French, and 
also heard of their determination not to come down the river till the fol- 
lowing Spring. The Indians were non-committal, as they were afraid to 
turn either way, and, as far as they could, desired to remain neutral. 
Washington, finding nothing could be done with them, went on to 
Venango, an old Indian town at the mouth of French Creek. Here the 
French had a fort, called Fort Machault. Through the rum and flattery 
of the French, he nearly lost all his Indian followers. Finding nothino- 
of importance here, he pursued his way amid great privations, and on the 
11th of December reached the fort at the head of French Creek. Here 
he delivered Governor Dinwiddle's letter, received his answer, took his 
observations, and on the 16th set out upon his return journey with no one 
but Gist, his guide, and a few Indians who still remained true to him, 
notwithstanding the endeavors of the French to retain them. Their 
homeward journe}'' was one of great peril and suffering from the cold, yet 
they reached home in safety on the 6th of January, 1754. 

From the letter of St. Pierre, commander of the French fort, sent by 
Washington to Governor Dinwiddie, it was learned that the French would 
not give up without a struggle. Active preparations were at once made 
in all the English colonies for the coming conflict, while the French 
finished the fort at Venango and strengthened their lines of fortifications, 
and gathered their forces to be in readiness. 

The Old Dominion was all alive. Virginia was the center of great 
activities ; volunteers were called for, and from all the neighboring 
colonies men rallied to the conflict, and everywhere along the Potomac 
men were enlisting under the Governor's proclamation — which promised 
two hundred thousand acres on the Ohio. Along this river they were 
gathering as far as Will's Creek, and far beyond this point, whither Trent 
had come for assistance for his little band of forty-one men, who were 



40 THE NORTHWEST TERRITORY. 

working away in hunger and want, to fortify that point at the fork of 
the Ohio, to which both parties were looking with deep interest. 

" The first birds of Spring filled the air with their song ; the swift 
river rolled by the Allegheny hillsides, swollen by the melting snows of 
Spring and the April showers. The leaves were appearing ; a few Indian 
scouts were seen, but no enemy seemed near at hand ; and all was so quiet, 
that Frazier, an old Indian scout and trader, who had been left by Trent 
in command, ventured to his home at the mouth of Turtle Creek, ten 
miles up the Monongahela. But, though all was so quiet in that wilder- 
ness, keen eyes had seen the low intrenchment rising at the fork, and 
swift feet had borne the news of it up the river ; and upon the morning 
of the 17th of April, Ensign Ward, who then had charge of it, saw 
upon the Allegheny a sight that made his heart sink — sixty batteaux and 
three hundred canoes filled with men, and laden deep with cannon and 
stores. * * * That evening he supped with his captor, Contrecoeur, 
and the next day he was bowed off by the Frenchman, and with his men 
and tools, marched up the Monongahela." 

The French and Indian war had begun. Tiie treaty of Aix la 
Chapelle, iii 1748, had left the boundaries between the French and 
English possessions unsettled, and the events already narrated show the 
French were determined to hold the country watered by the Mississippi 
and its tributaries ; while the English laid claims to the country by virtue 
of the discoveries of the Cabots, and claimed all the country from New- 
foundland to Florida, extending from the Atlantic to the Pacific. The 
first decisive blow had now been struck, and the first attempt of the 
English, through the Ohio Company, to occupy these lands, had resulted 
disastrously to them. The French and Indians immediately completed 
the fortifications begun at the Fork, which they had so easily captured, 
and when completed gave to the fort the name of DuQuesne. Washing- 
ton was at Will's Creek when the news of the capture of the fort arrived. 
He at once departed to recapture it. On his way he entrenched him- 
self at a place called the " Meadows," where he erected a fort called 
by him Fort Necessity. From there he surprised and captured a force of 
French and Indians marching against him, but was soon after attacked 
in his fort by a much superior force, and was obliged to yield on the 
morning of July 4th. He was allowed to return to Virginia. 

The English Government immediately planned four campaigns ; one 
against Fort DuQuesne ; one against Nova Scotia ; one against Fort 
Niagara, and one against Crown Point. These occurred during 1755-6, 
and were not successful in driving the French from their possessions. 
The expedition against Fort DuQuesne was led by the famous General 
Braddock, who, refusing to listen to the advice of Washington and those 



THE NORTHWEST TERRITORY. 41 

acquainted with Indian warfare, suffered such an inglorious defeat. This 
occurred on the morning of July 9th, and is generally known as the battle 
of Monongahela, or " Braddock's Defeat." The war continued with 
various vicissitudes through the years 1756-7 ; when, at the commence- 
ment of 1758, in accordance with the plans of William Pitt, then Secre- 
tary of State, afterwards Lord Chatham, active preparations were made to 
carry on the war. Three expeditions were planned for this year : one, 
under General Amherst, against Louisburg ; another, under Abercrombie, 
against Fort Ticonderoga ; and a third, under General Forbes, against 
Fort DuQuesne. On the 26th of July, Louisburg surrendered after a 
desperate resistance of more than forty days, and the eastern part of the 
Canadian possessions fell into the hands of the British. Abercrombie 
captured Fort Frontenac, and when the expedition against Fort DuQuesne, 
of which Washington had the active command, arrived there, it was 
found in flames and deserted. The English at once took possession, 
rebuilt the fort, and in honor of their illustrious statesman, chansfed the 
name to Fort Pitt. 

The great object of the campaign of 1759, was the reduction of 
Canada. General Wolfe was to lay siege to Quebec ; Amherst was to 
reduce Ticonderoga and Crown Point, and General Prideaux was to 
capture Niagara. This latter place was taken in July, but the gallant 
Prideaux lost his life in the attempt. Amherst captured Ticonderoga 
and Crown Point without a blow ; and Wolfe, after making the memor- 
able ascent to the Plains of Abraham, on September 13tli, defeated 
Montcalm, and on the 18th, the city capitulated. In this engagement 
Montcolm and Wolfe both lost their lives. De Levi, Montcalm's successor, 
marched to Sillery, three miles above the city, with the purpose of 
defeating the English, and there, on the 28th of the following April, was 
fought one of the bloodiest battles of the French and Indian War. It 
resulted in the defeat of the French, and the fall of the City of Montreal. 
The Governor signed a capitulation by which the whole of Canada was 
surrendered to the English. This practically concluded the war, but it 
was not until 1763 that the treaties of peace between France and England 
were signed. This was done on the 10th of February of that year, and 
under its provisions all the country east of the Mississippi and north of 
the Iberville River, in Louisiana, were ceded to England. At the same 
time Spain ceded Florida to Great Britain. 

On the 13th of September, 1760, Major Robert Rogers was sent 
from Montreal to take charge of Detroit, the only remaining French post 
in the territory. He arrived there on the 19th of November, and sum- 
moned the place to surrender. At first the commander of the post, 
Beletrc; refused, but on the 29th, hearing of the continued defeat of the 



42 THE NORTHWEST TERRITORY. 

French arms, surrendered. Rogers remained there until December 23d 
under the personal protection of the celebrated chief, Pontiac, to whom, 
no doubt, he owed his safety. Pontiac had come here to inquire the 
purposes of the English in taking possession of the country. He was 
assured that they came simply to trade with the natives, and did not 
desire their country. This answer conciliated the savages, and did much 
to insure the safety of Rogers and his party during their stay, and while 
on their journey home. 

Rogers set out for Fort Pitt on December 23, and was just one 
month on the way. His route was from Detroit to Maumee, thence 
across the present State of Ohio directly to the fort. This was the com- 
mon trail of the Indians in their journeys from Sandusky to the fork of 
the Ohio. It went from Fort Sandusky, where Sandusky City now is, 
crossed the Huron river, then called Bald Eagle Creek, to " Mohickon 
John's Town" on Mohickon Creek, the northern branch of White 
Woman's River, and thence crossed to Beaver's Town, a Delaware town 
on what is now Sandy Creek. At Beaver's Town were probably one 
hundred and fifty warriors, and not less than three thousand acres of 
cleared land. From there the track went up Sandy Creek to and across 
Big Beaver, and up the Ohio to Logstown, thence on to the fork. 

The Northwest Territory was now entirely under the English rule. 
New settlements began to be rapidly made, and the promise of a large 
trade was speedily manifested. Had the British carried out their promises 
with the natives none of those savage butcheries would have been perpe- 
trated, and the country would have been spared their recital. 

The renowned chief, Pontiac, was one of the leading spirits in these 
atrocities. We will now pause in our narrative, and notice the leading 
events in his life. The earliest authentic information regarding this 
noted Indian chief is learned from an account of an Indian trader named 
Alexander Henry, who, in the Spring of 1761, penetrated his domains as 
far as Missillimacnac. Pontiac was then a great friend of the French, 
but a bitter foe of the English, whom he considered as encroaching on his 
hunting grounds. Henry was obliged to disguise himself as a Canadian 
to insure safety, but was discovered by Pontiac, who bitterly reproached 
him and the English for their attempted subjugation of the West. He 
declared that no treaty had been made with them; no presents sent 
them, and that he would resent any possession of the West by that nation. 
He was at the time about fifty years of age, tall and dignified, and was 
civil and military ruler of the Ottawas, Ojibwas and Pottawatamies. 

The Indians, from Lake Michigan to the borders of North Carolina, 
were united in this feeling, and at the time of the treaty of Paris, ratified 
February 10, 1763, a general conspiracy was formed to fall suddenly 



THE NORTHWEST TERRITORY. 



13 




PONTIAC, THE OTTAWA CHIEFTAIN. 



44 THE NORTHWEST TERRITORY. 

upon the frontier British posts, and with one blow strike every man dead. 
Pontiac was the marked leader in all this, and was the commander 
of the Chippewas, Ottawas, Wyandots, Miamis, Shawanese, Delawares 
and Mingoes, who had, for the time, laid aside their local quarrels to unite 
in this enterprise. 

The blow came, as near as can now be ascertained, on May 7, 1763. 
Nine British posts fell, and the Indians drank, " scooped up in the hollow 
of joined hands," the blood of many a Briton. 

Pontiac's immediate field of action was the garrison at Detroit. 
Here, however, the plans were frustrated by an Indian woman disclosing 
the plot the evening previous to his arrival. Everything was carried out, 
however, according to Pontiac's plans until the moment of action, when 
Major Gladwyn, the commander of the post, stepping to one of the Indian 
chiefs, suddenly drew aside his blanket and disclosed the concealed 
musket. Pontiac, though a brave man, turned pale and trembled. He 
saw his plan was known, and that the garrison were prepared. He 
endeavored to exculpate himself from any such intentions ; but the guilt 
was evident, and he and his followers were dismissed with a severe 
reprimand, and warned never to again enter the walls of the post. 

Pontiac at once laid siege to the fort, and until the treaty of peace 
between the British and the Western Indians, concluded in August, 1764, 
continued to harass and besiege the fortress. He organized a regular 
commissariat department, issued bills of credit written out on bark, 
which, to his credit, it may be stated, were punctually redeemed. At 
the conclusion of the treaty, in which it seems he took no part, he went 
further south, living many years among the Illinois. 

He had given up all hope of saving his country and race. After a 
time he endeavored to unite the Illinois tribe and those about St. Louis 
in a war with the whites. His efforts were fruitless, and only ended in a 
quarrel between himself and some Kaskaskia Indians, one of whom soon 
afterwards killed him. His death was, however, avenged by the northern 
Indians, who nearly exterminated the Illinois in the wars which followed. 

Had it not been for the treachery of a few of his followers, his plan 
for the extermination of the whites, a masterly one, would undoubtedly 
have been carried out. 

It was in the Spring of the year following Rogers' visit that Alex- 
ander Henry went to Missillimacnac, and everywhere found the strongest 
feelings against the English, who had not carried out their promises, and 
were doing nothing to conciliate the natives. Here he met the chief, 
Pontiac, who, after conveying to him in a speech the idea that their 
French father would awake soon and utterly destroy his enemies, said : 
*' Englishman, although you have conquered the French, you have not 



THE NORTHWEST TERRITORY. 46 

yet conquered us ! We are not your slaves ! These lakes, these woods, 
these mountains, were left us by our ancestors. They are our inheritance, 
and we will part with them to none. Your nation supposes that we, like 
the white people, can not live without bread and pork and beef. But you 
ought to know that He, the Great Spirit and Master of Life, has provided 
food for us upon these broad lakes and in these mountains." 

He then spoke of the fact that no treaty had been made with them, 
no presents sent theiu, and that he and his people were yet for war. 
Such were the feelings of the Northwestern Indians immediately after 
the English took possession of their country. These feelings were no 
doubt encouraged by the Canadians and French, who hoped that yet the 
French arms might prevail. The treaty of Paris, however, gave to the 
English the right to this vast domain, and active preparations were going 
on to occupy it and enjoy its trade and emoluments. 

In 1762, France, by a secret treaty, ceded Louisiana to Spain, to pre- 
vent it falling into the hands of the English, who were becoming masters 
of the entire West. The next year the treaty of Paris, signed at Fon- 
tainbleau, gave to the English the domain of the country in question. 
Twenty years after, by the treaty of peace between the United States 
and England, that part of Canada lying south and west of the Great 
Lakes, comprehending a large territory which is the subject of these 
sketches, was acknowledged to be a portion of the United States ; and 
twent}^ years still later, in 1803, Louisiana was ceded by Spain back to 
France, and by France sold to the United States. 

Li the half century, from the building of the Fort of Crevecoeur by 
LaSalle, in 1680, up to the erection of Fort Chartres, many French set- 
tlements had been made in that quarter. These have already been 
noticed, being those at St. Vincent (Vincennes), Kohokia or Cahokia, 
Kaskaskia and Prairie du Rocher, on the American Bottom, a large tract 
of rich alluvial soil in Illinois, on the Mississippi, opposite the site of St. 
Louis. 

By the treaty of Paris, the regions east of the Mississippi, including 
all these and other towns of the Northwest, were given over to England; 
but they do not appear to have been taken possession of until 1765, when 
Captain Stirling, in the name of the Majesty of England, established him- 
self at Fort Chartres bearing with him the proclamation of General Gage, 
dated December 30, 1764, which promised religious freedom to all Cath- 
olics who worshiped here, and a right to leave the country with their 
effects if they wished, or to remain with the privileges of Englishmen. 
It was shortly after the occupancy of the West by the British that the 
war with Pontiac opened. It is already noticed in the sketch of that 
chieftain. By it many a Briton lost his life, and many a frontier settle- 



46 THE NORTHWEST TERRITORY. 

ment in its infancy ceased to exist. This was not ended until the year 
1764, when, failing to capture Detroit, Niagara and Fort Pitt, his confed- 
eracy became disheartened, and, receiving no aid from the French, Pon- 
tiac abandoned the enterprise and departed to the Illinois, among whom 
he afterward lost his life. 

As soon as these difficulties were definitely settled, settlers began, 
rapidly to survey the country and prepare for occupation. During the 
year 1770, a number of persons from Virginia and other British provinces 
explored and marked out nearly all the valuable lands on the Mononga- 
hela and along the banks of the Ohio as far as the Little Kanawha. This 
was followed by another exploring expedition, in which George Washing- 
ton was a party. The latter, accompanied by Dr. Craik, Capt. Crawford 
and others, on the 20th of October, 1770, descended the Ohio from Pitts- 
burgh to the mouth of the Kanawha ; ascended that stream about fourteen 
miles, marked out several large tracts of land, shot several buffalo, which 
were then abundant in the Ohio Valley, and returned to the fort. 

Pittsburgh was at this time a trading post, about which was clus- 
tered a village of some twenty houses, inhabited by Indian traders. This 
same year, Capt. Pittman visited Kaskaskia and its neighboring villages. 
He found there about sixty -five resident families, and" at Cahokia only 
forty-five dwellings. At Fort Chartres was another small settlement, and 
at Detroit the garrison were quite prosperous and strong. For a year 
or two settlers continued to locate near some of these posts, generally 
Fort Pitt or Detroit, owing to the fears of the Indians, who still main- 
tained some feelings of hatred to the English. The trade from the posts 
was quite good, and from those in Illinois large quantities of pork and 
flour found their way to the New Orleans market. At this time the 
policy of the British Government was strongly opposed to the extension 
of the colonies west. In 1763, the King of England forbade, by royal 
proclamation, his colonial subjects from making a settlement beyond the 
sources of the rivers which fall into the Atlantic Ocean. At the instance 
of the Board of Trade, measures were taken to prevent the settlement 
without the limits prescribed, and to retain the commerce within easy 
reach of Great Britain. 

The commander-in-chief of the king's forces wrote in 1769 : " In the 
course of a few years necessity will compel the colonists, should they 
extend their settlements west, to provide manufactures of some kind for 
themselves, and when all connection upheld by commerce with the mother 
country ceases, an independency in their government will soon follow." 

In accordance with this policy, Gov. Gage issued a proclamation 
in 1772, commanding the inhabitants of Vincennes to abandon their set- 
tlements and join some of the Eastern English colonies. To this they 



THE NORTHWEST TERRITORY. 47 

Strenuously objected, giving good reasons therefor, and were allowed to 
remain. The strong opposition to this policy of Great Britain led to its 
change, and to such a course as to gain the attachment of the French 
population. In December, 1773, influential citizens of Quebec petitioned 
the king for an extension of the boundary lines of that province, which 
'VA-as granted, and Parliament passed an act on June 2, 1774, extend- 
ing the boundary so as to include the territory lying within the present 
States of Ohio, Indiana, Illinois and Michigan. 

In consequence of the liberal policy pursued by the British Govern- 
ment toward the French settlers in the West, they were disposed to favor 
that nation in the Avar which soon followed with the colonies ; but the 
ear] V alliance between France and America soon brought them to the side 
of the war for independence. 

In 1774, Gov. Dunmore, of Virginia, began to encourage emigration 
to the Western lands. He appointed magistrates at Fort Pitt under the 
pretense that the fort was under the government of that commonwealth. 
One of these justices, John Connelly, who possessed a tract of land in the 
Ohio Valley, gathered a force of men and garrisoned the fort, calling it 
Fort Dunmore. This and other parties were formed to select sites for 
settlements, and often came in conflict with the Indians, who yet claimed 
portions of the valley, and several battles followed. These ended in the 
famous battle of Kanawha in July, where the Indians were defeated and 
driven across the Ohio. 

During the years 1775 and 1776, by the operations of land companies 
and the perseverance of individuals, several settlements Avere firmly estab- 
lished between the Alleghanies and the Ohio River, and western land 
speculators were busy in Illinois and on the Wabash. At a council held 
in Kaskaskia on July 5, 1773, an association of English traders, calling 
themselves the " Illinois Land Company," obtained from ten chiefs of the 
Kaskaskia, Cahokia and Peoria tribes two large tracts of land lying on 
the east side of the Mississippi River south of the Illinois. In 1775, a mer- 
chant from the Illinois Country, named Viviat, came to Post Vincennes 
as the agent of the association called the " Wabash Land Company." On 
the 8th of October he obtained from eleven Piankeshaw chiefs, a deed for 
37,497,600 acres of land. This deed was signed by the grantors, attested 
by a number of the inhabitants of Vincennes, and afterward recorded in 
the office of a notary public at Kaskaskia. This and other land com- 
panies had extensive schemes for the colonization of the West ; but all 
were frustrated by the breaking out of the Revolution. On the 20th of 
April, 1780, the two companies named consolidated under the name of the 
*' United Illinois and Wabash Land Company." They afterward made 



48 THE NORTHWEST TERRITORY. 

strenuous efforts to have these grants sanctioned by Congress, but all 
signally failed. 

When the War of the Revolution commenced, Kentucky was an unor- 
ganized country, though there were several settlements within her borders. 

In Hutchins' Topography of Virginia, it is stated that at that time 
" Kaskaskia contained 80 houses, and nearly 1,000 white and black in- 
habitants — the whites being a little the more numerous. Cahokia con- 
tains 50 houses and 300 white inhabitants, and 80 negroes. There were 
east of the Mississippi River, about the year 1771 " — when these observa- 
tions were made — " 300 white men capable of bearing arms, and 230 
negroes." 

From 1775 until the expedition of Clark, nothing is recorded and 
nothing known of these settlements, save what is contained in a report 
made by a committee to Congress in June, 1778. From it the following 
extract is made : 

"Near the mouth of the River Kaskaskia, there is a village which 
appears to have contained nearly eighty families from the beginning of 
the late revolution. There are twelve families in a small village at la 
Prairie du Rochers, and near fifty families at the Kahokia Village. There 
are also four or five families at Fort Chartres and St. Philips, which is five 
miles further up the river." 

St. Louis had been settled in February, 1764, and at this time con- 
tained, including its neighboring towns, over six hundred Avhites and one 
hundred and fifty negroes. It must be remembered that all the country 
west of the Mississippi was now under French rule, and remained so until 
ceded again to Spain, its original owner, who afterwards sold it and the 
country including New Orleans to the United States. At Detroit there 
were, according to Capt. Carver, who was in the Northwest from 1766 to 
1768, more than one hundred houses, and the river was settled for more 
than twenty miles, although poorly cultivated — the people being engaged 
in the Indian trade. This old town has a history, which we will here 
relate. 

It is the oldest town in the Northwest, having been founded by 
Antoine de Lamotte Cadillac, in 1701. It was laid out in the form of an 
oblong square, of two acres in length, and an acre and a half in width. 
As described by A. D. Frazer, who first visited it and became a permanent 
resident of the place, in 1778, it comprised within its limits that space 
between Mr. Palmer's store (Conant Block) and Capt. Perkins' house 
(near the Arsenal building), and extended back as far as the public barn, 
and was bordered in front by the Detroit River. It was surrounded by 
oak and cedar pickets, about fifteen feet long, set in the ground, and had 
four gates — east, west, north and south. Over the first three of these 



THE NORTHWEST TERRITORY. 49 

gates were block houses provided with four guns apiece, each a six- 
pounder. Two six-gun batteries were planted fronting the river and in a 
parallel direction with the block houses. There were four streets running 
east and west, the main street being twenty feet wide and the rest fifteen 
feet, while the four streets crossing these at right angles were from ten 
to fifteen feet in width. 

At the date spoken of by Mr. Frazer, there was no fort within the 
enclosure, but a citadel on the ground corresponding to the present 
northwest corner of Jefferson Avenue and Wayne Street. The citadel was 
inclosed by pickets, and within it were erected barracks of wood, two 
stories high, sufficient to contain ten officers, and also barracks sufficient 
to contain four hundred men, and a provision store built of brick. The 
citadel also contained a hospital and guard-house. The old town of 
Detroit, in 1778, contained about sixty houses, most of them one story, 
with a few a story and a half in height. They were all of logs, some 
hewn and some round. There was one building of splendid appearance, 
called the " King's Palace," two stories high, which stood near the east 
gate. It was built for Governor Hamilton, the first governor commissioned 
by the British. There were two guard-houses, one near the west gate and 
the other near the Government House. Each of the guards consisted of 
twenty -four men and a subaltern, who mounted regularly every morning 
between nine and ten o'clock. Each furnished four sentinels, who were 
relieved every two hours. There was also an officer of the day, who per- 
formed strict duty. Each of the gates was shut regularly at sunset ; 
even wicket gates were shut at nine o'clock, and all the keys were 
delivered into the hands of the commanding officer. They were opened 
in the morning at sunrise. No Indian or squaw was permitted to enter 
town with any weapon, such as a tomahawk or a knife. It was a stand- 
ing order that the Indians should deliver their arms and instruments of 
every kind before they were permitted to pass the sentinel, and they were 
restored to them on their return. No more than twenty-five Indians were 
allowed to enter the town at any one time, and they were admitted only 
at the east and west gates. At sundown the drums beat, and all the 
Indians were required to leave town instantly. There was a council house 
near the water side for the purpose of holding council with the Indians. 
The population of the town was about sixty families, in all about two 
hundred males and one hundred females. This town was destroyed by 
fire, all except one dwelling, in 1805. After which the present "• new " 
town was laid out. 

On the breaking out of the Revolution, the British held every post of 
hnportance in the West. Kentucky was formed as a component part of 
Virginia, and the sturdy pioneers of the West, alive to their interests, 



60 THE NORTHWEST TERRITORY. 

and recognizing the great benefits of obtaining the control of the trade in 
this part of the New World, held steadily to their purposes, and those 
within the commonwealth of Kentucky proceeded to exercise their 
civil privileges, by electing John Todd and Richard Gallaway, 
burgesses to represent them in the Assembly of the parent state. 
Early in September of that year (1777) the first court was held 
in Harrodsburg, and Col. Bowman, afterwards major, Avho had arrived 
in August, was made the commander of a militia organization which 
had been commenced the March previous. Thus the tree of loyalty 
was growing. The chief spirit in this far-out colony, who had represented 
her the year previous east of the mountains, was now meditating a move 
unequaled in its boldness. He had been watching the movements of the 
British throughout the Northwest, and understood their whole plan. Ht 
saw it was through their possession of the posts at Detroit, Vincennes, 
Kaskaskia, and other places, which would give them constant and easy 
access to the various Indian tribes in the Northwest, that the British 
intended to penetrate the country from the north and south, and annihi- 
late the frontier fortresses. This moving, energetic man was Colonel, 
afterwards General, George Rogers Clark. He knew the Indians were not 
unanimously in accord with the English, and he was convinced that, could 
the British be defeated and expelled from the Northwest, the natives 
might be easily awed into neutrality ; and by spies sent for the purpose, 
he satisfied himself that the enterprise against the Illinois settlements 
might easily succeed. Having convinced himself of the certainty of the 
project, he repaired to the Capital of Virginia, which place he reached on 
November 5th. While he was on his way, fortunately, on October 17th, 
Burgoyne had been defeated, and the spirits of the colonists greatly 
encouraged thereby. Patrick Henry was Governor of Virginia, and at 
once entered heartily into Clark's plans. The same plan had before been 
agitated in the Colonial Assemblies, but there was no one until Clark 
came who was sufficiently acquainted with the condition of affairs at the 
scene of action to be able to guide them. 

Clark, having satisfied the Virginia leaders of the feasibility of his 
plan, received, on the 2d of January, two sets of instructions — one secret, 
the other open — the latter authorized him to proceed to enlist seven 
companies to go to Kentucky, subject to his orders, and to serve three 
months from their arrival in the West. The secret order authorized him 
to arm these troops, to procure his powder and lead of General Hand 
at Pittsburgh, and to proceed at once to subjugate the country. 

With these instructions Clark repaired to Pittsburgh, choosing rather 
to raise his men west of the mountains, as he well knew all were needed 
in the colonies in the conflict there. He sent Col. W. B. Smith to Hoi- 



THE NORTHWEST TERRITORY. 51 

ston for the same purpose, but neither succeeded in raising the required 
number of men. The settlers in these parts were afraid to leave their 
own firesides exposed to a vigilant foe, and but few could be induced to 
join the proposed expedition. With three companies and several private 
volunteers, Clark at length commenced his descent of the Ohio, which he 
navigated as far as the Falls, where he took possession of and fortified 
Corn Island, a small island between the present Cities of Louisville, 
Kentucky, and New Albany, Indiana. Remains of this fortification may 
yet be found. At this place he a^Dpointed Col. Bowman to meet hini 
with such recruits as had reached Kentucky by the southern route, and 
as many as could be spared from the station. Here he announced to 
the men their real destination. Having completed his arrangements, 
and chosen his party, he left a small garrison upon the island, and on the 
24th of June, during a total eclipse of the sun, which to them augured 
no good, and which fixes beyond dispute the date of starting, he with 
his chosen band, fell down the river. His plan was to go by water as 
far as Fort Massac or Massacre, and thence march direct to Kaskaskia. 
Here he intended to surprise the garrison, and after its capture go to 
Cahokia, then to Vincennes, and lastly to Detroit. Should he fail, he 
intended to march directly to the Mississippi River and cross it into the 
Spanish country. Before his start he received two good items of infor- 
mation : one that the alliance had been formed between France and the 
United States ; and the other that the Indians throughout the Illinois 
country and the inhabitants, at the various frontier posts, had been led to 
believe by the British that the " Long Knives " or Virginians, were the 
most fierce, bloodthirsty and cruel savages that ever scalped a foe. With 
this impression on their minds, Clark saw that proper management would 
cause them to submit at once from fear, if surprised, and then from grati- 
tude would become friendly if treated with unexpected leniency. 

The march to Kaskaskia was accomplished through a hot July sun, 
and the town reached on the evening of July 4. He captured the fort 
near the village, and soon after the village itself by surprise, and without 
the loss of a single man or b}^ killing any of the enemy. After sufficiently 
working upon the fears of the natives, Clark told them they were at per- 
fect liberty to worship as they pleased, and to take whichever side of the 
great conflict they would, also he would protect them from any barbarity 
from British or Indian foe. This had the desired effect, and the inhab- 
itants, so unexpectedly and so gratefully surprised by the unlooked 
for turn of afi'airs, at once swore allegiance to the American arms, and 
when Clark desired to go to Cahokia on the 6th of July, they accom- 
panied him, and through their influence the inhabitants of the place 
surrendered, and gladly placed themselves under his protection. Thus 



52 THE NORTHWEST TERRITORY. 

the two important posts in Illinois passed from the hands of the English 
into the possession of Virginia. 

In the person of the priest at Kaskaskia, M. Gibault, Clark found a 
powerful ally and generous friend. Clark saw that, to retain possession 
of the Northwest and treat successfully with the Indians within its boun- 
daries, he must establish a government for the colonies he had taken. 
St. Vincent, the next important post to Detroit, remained yet to be taken 
before the Mississippi Valley was conquered. M. Gibault told him that 
he would alone, by persuasion, lead Vincennes to throw offits connection 
with England. Clark gladly accepted his offer, and on the 14th of July, 
in company with a fellow-townsman, M. Gibault started on his mission of 
peace, and on the 1st of August returned with tlie cheerful intelligence 
that the post on the " Oubache " had taken the oath of allegiance to 
the Old Dominion. During this interval, Clark established his courts, 
placed garrisons at Kaskaskia and Cahokia, successfully re-enlisted his 
men, sent word to have a fort, which proved the germ of Louisville, 
erected at the Falls of the Ohio, and dispatched Mr. Rocheblave, who 
had been commander at Kaskaskia, as a prisoner of war to Richmond. 
In October the County of Illinois was established by the Legislature 
of Virginia, John Todd appointed Lieutenant Colonel and Civil Governor, 
and in November General Clark and his men received the thanks of 
the Old Dominion through their Legislature. 

In a speech a few days afterward, Clark made known fully to the 
natives his plans, and at its close all came forward and swore alle- 
giance to the Long Knives. While he was doing this Governor Hamilton, 
having made his various arrangements, had left Detroit and moved down 
the Wabash to Vincennes intending to operate from that point in reducing 
the Illinois posts, and then proceed on down to Kentucky and drive the 
rebels from the West. Gen. Clark had, on the return of M. Gibault, 
dispatched Captain Helm, of Fauquier County, Virginia, with an attend- 
ant named Henry, across the Illinois prairies to command the fort. 
Hamilton knew nothing of the capitulation of the post, and was greatly 
surprised on his arrival to be confronted by Capt. Helm, who, standing at 
the entrance of the fort by a loaded cannon ready to fire upon his assail- 
ants, demanded upon what terms Hamilton demanded possession of tha 
fort. Being granted the rights of a prisoner of war, he surrendered to 
the British General, who could scarcely believe his eyes when he saw the 
force in the garrison. 

Hamilton, not realizing the character of the men with whom he was 
contending, gave up his intended campaign for the Winter, sent his four 
hundred Indian warriors to prevent troops from coming down the Ohio,, 



THE NORTHWEST TERRITORY. 53 

and to annoy the Americans in all wa3-s, and sat qnietly down to pass the 
Winter. Information of all these proceedings having reached Clark, he 
saw that immediate and decisive action was necessary, and that unless 
he captured Hamilton, Hamilton would capture him. Clark received the 
news on the 29th of January, 1779, and on February 4th, having suffi- 
ciently garrisoned Kaskaskia and Cahokia, he sent down the Mississippi 
a " battoe," as Major Bowman writes it, in order to ascend the Ohio and 
Wabash, and operate with the land forces gathering for the fray. 

On the next day, Clark, with his little force of one hundred and 
twenty men, set out for the post, and after incredible hard marching 
through much mud, the ground being thawed by the incessant spring 
rains, on the 22d reached the fort, and being joined by his " battoe," at 
once commenced the attack on the post. The aim of the American back- 
woodsman was unerring, and on the 24th the garrison surrendered to the 
intrepid boldness of Clark. The French were treated with great kind- 
ness, and gladly renewed their allegiance to Virginia. Hamilton was 
sent as a prisoner to Virginia, where he was kept in close confinement. 
During his command of the British frontier posts, he had offered prizes 
to the Indians for all the scalps of Americans they would bring to him, 
and had earned in consequence thereof the title " Hair-buyer General," 
by which he was ever afterward known. 

Detroit was now without doubt within easy reach of the enterprising 
Virginian, could he but raise the necessary force. Governor Henry being 
apprised of this, promised him the needed reinforcement, and Clark con- 
cluded to w^ait until he could capture and sufficiently garrison the posts. 
Had Clark failed in this bold undertaking, and Hamilton succeeded in 
uniting the western Indians for the next Spring's campaign, the West 
would indeed have been swept from the Mississippi to the Allegheny 
Mountains, and the great blow struck, which had been contemplated from 
the commencement, by the British. 

" But for this small army of dripping, but fearless Virginians, the 
union of all the tribes from Georgia to Maine against the colonies might 
have been effected, and the whole current of our history changed." 

At this time some fears were entertained by the Colonial Govern- 
ments that the Indians in the North and Northwest were inclining to the 
British, and under the instructions of Washington, now Commander-in- 
Chief of the Colonial army, and so bravely fighting for American inde- 
pendence, armed forces were sent against the Six Nations, and upon the 
Ohio frontier, Col. Bowman, acting under the same general's orders, 
marched against Indians within the present limits of that State. These 
expeditions were in the main successful, and the Indians were compelled 
to sue for peace. 



54 THE NORTHWEST TERRITORY. 

During this same 5'ear (1779) the famous " Land Laws" of Virginia 
were passed. The passage of these laws was of more consequence to the 
pioneers of Kentucky and the Northwest than the gaining of a few Indian 
conflicts. These laws confirmed in main all grants made, and guaranteed 
to all actual settlers their rights and privileges. After providing for the 
settlers, the laws provided for selling the balance of the public lands at 
forty cents per acre. To carry the Land Laws into effect, the Legislature 
sent four VirQ^inians westward to attend to the various claims, over manv 
of which great confusion prevailed concerning their validity. These 
gentlemen opened their court on October 13, 1779, at St. Asaphs, and 
continued until April 26, 1780, when they adjourned, having decided 
three thousand claims. They were succeeded by the surveyor, who 
came in the person of Mr. George May, and assumed his duties on the 
10th day of the month whose name he bore. With the opening of the 
next year (1780) the troubles concerning the navigation of the Missis- 
sippi commenced. The Spanish Government exacted such measures in 
relation to its trade as to cause the overtures made to the United States 
to be rejected. The American Government considered they had a right 
to navigate its channel. To enforce their claims, a fort was erected below 
the mouth of the Ohio on the Kentucky side of the river. The settle- 
ments in Kentucky were being rapidly filled by emigrants. It was dur- 
ing this year that the first seminary of learning was established in the 
West in this young and enterprising Commonwealth. 

The settlers here did not look upon the building of this fort in a 
friendly manner, as it aroused the hostility of the Indians. Spain had 
been friendly to the Colonies during their struggle for independence, 
and though for a while this friendship appeared in danger from the 
refusal of the free navigation of the river, yet it was finally settled to the 
satisfaction of both nations. 

The Winter of 1779-80 was one of the most unusually severe ones 
ever experienced in the West. The Indians always referred to it as the 
"Great Cold." Numbers of wild animals perished, and not a few 
pioneers lost their lives. The following Summer a party of Canadians 
and Indians attacked St. Louis, and attempted to take possession of it 
in consequence of the friendly disposition of Spain to the revolting 
colonies. They met with such a determined resistance on the part of the 
inhabitants, even the women taking part in the battle, that they were 
compelled to abandon the contest. They also made an attack on the 
settlements in Kentucky, but, becoming alarmed in some unaccountable 
manner, they fled the country in great haste. 

About this time arose the question in the Colonial Congress con- 
cerning the western lands claimed by Virginia, New York, Massachusetts 



THE NORTHWEST TERRITORY. 55 

and Connecticut. The agitation concerning this subject finally led New 
York, on the 19th of February, 1780, to pass a law giving to the dele- 
gates of that State in Congress the power to cede her western lands for 
tlie benefit of the United States. This law was laid before Consfress 
during the next month, but no steps were taken concerning it until Sep- 
tember 6th, when a resolution passed that body calling upon the States 
claiming western lands to release their claims in favor of the whole body. 
This basis formed the union, and was the first after all of those legislative 
measures which resulted in the' creation of the States of Ohio, Indiana, 
Illinois, Michigan, Wisconsin and Minnesota. In December of the same 
year, the plan of conquering Detroit again arose. The conquest might 
have easily been effected by Clark had the necessary aid been furnished 
him. Nothing decisive was done, yet the heads of the Government knew 
that the safety of the Northwest from British invasion lay in the capture 
and retention of that important post, the only unconquered one in the 
territory. 

Before the close of the year, Kentucky was divided into the Coun- 
ties of Lincoln, Fayette and Jefferson, and the act establishing the Town 
of Louisville was passed. This same year is also noted in the annals of 
American history as the year in which occurred Arnold's treason to the 
United States. 

Virginia, in accordance with the resolution of Congress, on the 2d 
day of January, 1781, agreed to yield her western lands to the United 
States upon certain conditions, which Congress would not accede to, and 
the Act of Cession, on the part of the Old Dominion, failed, nor was 
anything farther done until 1783. During all that time the Colonies 
were busily engaged in tlie struggle with the mother country, and in 
consequence thereof but little heed was given to the western settlements. 
Upon the 16th of April, 1781, the first birth north of the Ohio River of 
American parentage occurred, being that of Mary Heckewelder, daughter 
of the widely known Moravian missionary, whose band of Christian 
Indians suffered in after years a horrible massacre by the hands of the 
frontier settlers, who had been exasperated by the murder of several of 
their neighbors, and in, their rage committed, without regard to humanity, 
a deed which forever afterwards cast a shade of shame upon their lives. 
For this and kindred outrages on the part of the whites, the Indians 
committed many deeds of cruelty which darken the years of 1771 and 
1772 in the history of the Northwest. 

During the year 1782 a number of battles among the Indians and 
frontiersmen occurred, and between the Moravian Indians and the Wvan- 
dots. In these, horrible acts of cruelty were practised on the captives, 
many of such dark deeds transpiring under the leadership of the notoriou:> 



56 



THE NORTHWEST TERRITORY. 



frontier outlaw, Simon Girty, whose name, as well as those of his brothers 
was a terror to women and children. These occurred chiefly in the Ohio 
valleys. Cotemporary with them were several engagements in Kentucky 
in which the famous Daniel Boone engaged, and who, often by his skill 
and knowledge of Indian warfare, saved the outposts from cruel de.truc- 




IIv-^DIAIVS ATTACKING FEOXTIEKSMEN, 

tion. By the close of the year victory had perched upon the American 
banner, and on the 30th of November, provisional articles of peace had 
been arranged between the Commissioners of England and her uncon- 
querable colonies. Cornwallis had been defeated on the 19th of October 
preceding, and the liberty of America was assured. On the 19th of 
April following, the anniversary of the battle of Lexington, peace was 



THE NORTHWEST TERRITORY. 57 

proclaimed to the army of the United States, and on the 3d of the next 
September, the definite treaty which ended our revolutionary struggle 
was concluded. By the terms of that treaty, the boundaries of the West 
were as follows : On the north the line was to extend alongr the center of 

O 

the Great Lakes ; from the western point of Lake Superior to Long Lake ; 
thence to the Lake of the Woods ; thence to the head of the Mississippi 
River; down its center to the 31st parallel of latitude, then on that line 
east to the head of the Appalachicola River ; down its center to its junc- 
tion with the Flint ; thence straight to the head of St. Mary's River, and 
thence down along its center to the Atlantic Ocean. 

Following the cessation of hostilities with England, several posts 
were still occupied by the British in the North and West. Among these 
was Detroit, still in the hands of the enemy. Numerous engagements 
with the Indians throughout Ohio and Indiana occurred, upon whose 
lands adventurous whites would settle ere the title had been acquired by 
the proper treaty. 

To remedy this latter evil. Congress appointed commissioners to 
treat with the natives and purchase their lands, and prohibited the set- 
tlement of t?ie territory until this could be done. Before the close of the 
year another attempt was made to capture Detroit, which was, however, 
not pushed, and Virginia, no longer feeling the interest in the Northwest 
she had formerly done, withdrew her troops, having on the 20th of 
December preceding authorized the whole of her possessions to be deeded 
to the United States. This was done on the 1st of March followin"-, and 
the Northwest Territory passed from the control of the Old Dominion. 
To Gen. Clark and his soldiers, however, she gave a tract of one hundred 
and fifty thousand acres of land, to be situated any where north of the 
Ohio wherever they chose to locate them. They selected the region 
opposite the falls of the Ohio, where is now the dilapidated village of 
Clarksville, about midway between the Cities of New Albany and Jeffer- 
sonville, Indiana. 

While the frontier remained thus, and Gen. Haldimand at Detroit 
refused to evacuate alleging that he had no orders from his King to do 
so, settlers were rapidly gathering about the inland forts. In the Spring 
of 1784, Pittsburgh was regularly laid out, and from the journal of Arthur 
Lee, who passed through the town soon after on his way to the Indian 
council at Fort Mcintosh, we suppose it was not very prepossessing in 
appearance. He says : 

"• Pittsburgh is inhabited almost entirely by Scots and Irish, who 
live in paltry log houses, and are as dirty as if in the north of Ireland or 
even Scotland. There is a great deal of trade carried on, the goods being 
bought at the vast expense of forty-five shillings per pound from Phila- 



58 THE NORTHWEST TERRITORY. 

delphia and Baltimore. They take in the shops flour, wheat, skins and 
money. There are in the town four attorneys, two doctors, and not a 
priest of any persuasion, nor church nor chapel." 

Kentucky at this time contained thirty thousand inhabitants, and 
was beginning to discuss measures for a separation from Virginia. A 
land office was opened at Louisville, and measures were adopted to take 
defensive precaution against the Indians who were yet, in some instances, 
incited to deeds of violence by the British. Before the close of this year, 
1784, the military claimants of land began to occupy them, although no 
entries were recorded until 1787. 

The Indian title to the Northwest was not yet extinguished. They 
held large tracts of lands, and in order to prevent bloodshed Congress 
adopted means for treaties with the original owners and provided for the 
surveys of the lands gained thereby, as well as for those north of the 
Ohio, now in its possession. On January 31, 1786, a treaty was made 
with the Wabash Indians. The treaty of Fort Stanwix had been made 
in 1784. That at Fort Mcintosh in 1785, and through thfese much land 
was gained. The Wabash Indians, however, afterward refused to comply 
with the provisions of the treaty made with them, and in order to compel 
their adherence to its provisions, force was used. Daring the year 1786, 
the free navigation of the Mississippi came up in Congress, and caused 
various discussions, which resulted in no definite action, only serving to 
excite speculation in regard to the western lands. Congress had promised 
bounties of land to the soldiers of the Revolution, but owing to the 
unsettled condition of affairs along the Mississippi respecting its naviga- 
tion, and the trade of the Northwest, that body had, in 1783, declared 
its inability to fulfill these promises until a treaty could be concluded 
between the two Governments. Before the close of the year 1786, liow- 
ever, it was able, through the treaties with the Indians, to allow some 
grants and the settlement thereon, and on the 14th of September Con- 
necticut ceded to the General Government the tract of land known as 
the " Connecticut Reserve," and before the close of the following year a 
large tract of land north of the Ohio was sold to a company, who at once 
took measures to settle it. By the provisions of this grant, the company 
were to pay the United States one dollar per acre, subject to a deduction 
of one-third for bad lands and other contingencies. They received 
750,000 acres, bounded on the south by the Ohio, on the east by the 
seventh range of townships, on the west by the sixteenth range, and on 
the north by a line so drawn as to make the grant complete without 
the reservations. In addition to this. Congress afterward granted 100,000 
acres to actual settlers, and 214,285 acres as army bounties under the 
resolutions of 1789 and 1790. 



THE NOKTHWEST TERRITORY. 



69 



While Dr. Cutler, one of the agents of the company, was pressing 
its claims before Congress, that body was bringing into form an ordinance 
for the political and social organization of this Territory. When the 
cession was made by Virginia, in 1784, a plan was offered, but rejected. 
A motion had been made to strike from the proposed plan the prohibition 
of slavery, which prevailed. The plan was then discussed and altered, 
and finally passed unanimously, with the exception of South Carolina 
By this proposition, the Territory was to have been divided into states' 



/ 





A PRAIRIE STORM. 



by parallels and meridian lines. This, it was thought, would make ten 
states, which were to have been named as follows — beginning at the 
northwest corner and going southwardly : Syh-nnia, Michigania, Cher- 
sonesus, Assenisipia,-Metropotamia, Illenoia, Saratoga, Washington, Poly- 
potamia and Pelisipia. 

There was a more serious objection to this plan than its category of 
names, — the boundaries. The root of the difficulty was in the Tesolu- 
tion of Congress passed in October, 1780, which fixed the boundaries 
of the ceded lands to be from one hundred to one hundred and fifty miles 



60 THE NORTHWEST TERRITORY. 

square. These resolutions being presented to the Legislatures of Vir- 
ginia and Massachusetts, they desired a change, and in July, 1786, the 
subject was taken up in Congress, and changed to favor a division into 
not more than five states, and not less than three. This was approved by 
the State Legislature of Virginia. The subject of the Government was 
again taken up b}^ Congress in 1786, and discussed throughout that year 
and until July, 1787, when the famous "Compact of 1787" was passed, 
and the foundation of the government of the Northwest laid. This com- 
pact is fully discussed and explained in the history of Illinois in this book, 
and to it the reader is referred. 

The passage of this act and the grant to the New England Company 
was soon followed by an application to the Government by John Cleves 
Symmes, of New Jersey, for a grant of the land between the Miamis. 
This gentleman had visited these lands soon after the treaty of 1786, and, 
being greatly pleased with them, oifered similar terms to those given to the 
New England Company. The j)etition was referred to the Treasury 
Board with power to act, and a contract was concluded the following 
year. During the Autumn the directors of the New England Company 
were preparing to occupy their grant the following Spring, and upon the 
23d of November made arrangements for a party of forty-seven men, 
under the superintendency of Gen. Rufus Putnam, to set forAvard. Six 
boat-builders were to leave at once, and on the first of January the sur- 
veyors and their assistants, twenty-six in number, were to meet at Hart- 
ford and proceed on their journey westward ; the remainder to follow as 
soon as possible. Congress, in the meantime, upon the 8d of October, 
had ordered seven hundred troops for defense of the western settlers, and 
to prevent unauthorized intrusions ; and two days later appointed Arthur 
St. Clair Governor of the Territory of the Northwest. 

AMERICAN SETTLEMENTS. 

The civil organization of the Northwest Territory was now com- 
plete, and notwithstanding the uncertainty of Indian affairs, settlers from 
the East began to come into the country rapidly. The New England 
Company sent their men during the Winter of 1787-8 pressing on over 
the Alleghenies by the old Indian ^mth which had been opened into 
Braddock's road, and which has since been made a national turnpike 
from Cumberland westward. Through the weary winter days they toiled 
on, and by April were all gathered on the Yohiogany, where boats had 
been built, and at once started for the Muskingum. Here they arrived 
on the 7th of that month, and unless the Moravian missionaries be regarded 
as the pioneers of Ohio, this little band can justly claim that honor. 



THE NORTHWEST TERRITORY. 



61 



Gen. St. Clair, the appointed Governor of the Northwest, not having 
yet arrived, a set of laws were passed, written out, and published by 
being nailed to a tree in the embryo town, and Jonathan Meigs appointed 
to administer them. 

Washington in writing of this, the first American settlement in the 
Northwest, said : " No colony in America was ever settled under 
such favorable auspices as that which has just commenced at Muskingum. 
Information, property and strength will be its characteristics. I know 
many of its settlers personally, and there never were men better calcu- 
lated to promote the welfare of such a community.'" 




A PIONEEll I)AVELI>IXG. 



On the 2d of July a meeting of the directors and agents was held 
on the banks of the Muskingum, " for the purpose of naming the new- 
born city and its squares."' As yet the settlement was known as the 
"Muskingum," but that was now changed to the name Marietta, in honor 
of Marie Antoinette. The square upon which the block -houses stood 
was called '■'' Campus Martins ;'"' square number 19, ^'' CapitoUum T square 
number 61, ^'■Cecilia ;" and the great road through the covert way, " Sacra 
Viay Two days after, an oration was delivered by James M. Varnum, 
who with S. H. Parsons and John Armstrong had been appointed to the 
judicial bench of the territory on the 16th of October, 1787. On July 9, 
Gov. St. Clair arrived, and the colony began to assume form. The act 
of 1787 provided two district grades of government for the Northwest, 



02 THE NORTHWEST TERRITORY, 

under the first of which the whole power was invested in the hands of a 
governor and three district judges. Tliis was immediately formed upon 
the Governor's arrival, and the first laws of the colony passed on the 25th 
of July. These provided for the organization of the militia, and on the 
next day appeared the Governor's proclamation, erecting all that country 
that had been ceded by the Indians east of the Scioto River into the 
County of Washington. From that time forward, notwithstanding the 
doubts yet existing as to the Indians, all Marietta prospered, and on the 
2d of September the first court of the territory was held with imposing 
ceremonies. 

The emigration westward at this time was very great. The com- 
mander at Fort Harmer, at the mouth of the Muskingum, reported four 
thousand five hundred persons as having passed that post between Feb- 
ruary and June, 1788 — many of whom would have purchased of the 
"Associates," as the New England Company was called, had they been 
ready to receive them. 

On the 26th of November, 1787, Symmes issued a pamphlet stating 
the terms of his contract and the plan of sale he intended to adopt. In 
January, 1788, Matthias Denman, of New Jersey, took an active interest 
in Symmes' purchase, and located among other tracts the sections upon 
which Cincinnati has been built. Retaining one-third of this locality, he 
sold the other two-thirds to Robert Patterson and John Filson, and the 
three, about August, commenced to lay out a town on the spot, which 
was designated as being opposite Licking River, to the mouth of which 
they proposed to have a road cut from Lexington. The naming of the 
town is thus narrated in the "Western Annals " : — " Mr. Filson, who had 
been a schoolmaster, was appointed to name the town, and, in respect to 
its situation, and as if with a prophetic perception of the mixed race that 
were to inhabit it ill after days, he named it Losantiville, which, being 
interpreted, means : ville, the town ; anti, against or opposite to ; os, the 
mouth ; L. of Licking." 

Meanwhile, in July, Symmes got thirty persons and eight four-horse 
teams under way for the West. These reached Limestone (now Mays- 
ville) in September, where were several persons from Redstone. Here 
Mr. Symmes tried to found a settlement, but the great freshet of 1789 
caused the " Point," as it was and is yet called, to be fifteen feet under 
water, and the settlement to be abandoned. The little band of settlers 
removed to the mouth of the Miami. Before Symmes and his colony left 
the " Point," two settlements had been made on his purchase. The first 
was by Mr. Stiltes, the original projector of the whole plan, who, with a 
colony of Redstone people, had located at the mouth of the Miami, 
whither Symmes went with his Maysville colony. Here a clearing had 



THE NORTHWEST TERRITORY. 



63 



been made by the Indians owing to the great fertility of the soil. Mr. 
Stiltes with his colony came to this place on the 18th of November, 1788, 
with twenty-six persons, and, building a block-house, prepared to remain 
through the Winter. They named the settlement Columbia. Here they 
were kindly treated by the Indians, but suffered greatly from the flood 
of 1789. 

On the 4th of March, 1789, the Constitution of the United States 
went into operation, and on April 30, George Washington was inaug- 
urated President of the American people, and during the next Summer, 
an Indian war was commenced by the tribes north of the Ohio. The 
President at first used pacific means ; but these failing, he sent General 
Harmer against the hostile tribes. He destroyed several villages, but 




'^i'&SioJQ^ ''■'<■ 



BREAKING TKAIEIE. 



was defeated in two battles, near the present City of Fort Wayne, 
Indiana. From this time till the close of 1795, the principal events were 
the wars with the various Indian tribes. In 1796, General St. Clair 
was appointed in command, and marched against the Indians ; but while 
he was encamped on a stream, the St. Mary, a branch of the Maumee, 
he was attacked and defeated with the loss of six hundred men. 

General Wayne was now sent against the savages. In August, 1794, 
he met them near the rapids of the Maumee, and gained a complete 
victory. This success, followed by vigorous measures, compelled the 
Indians to sue for peace, and on the 30th of July, the following year, the 
treaty of Greenville was signed by the principal chiefs, by which a large 
tract of country was ceded to the United States. 

Before proceeding in our narrative, we will pause to notice Fort 
Washington, erected in the early part of this war on the site of Cincinnati. 
Nearly all of the great cities of the Northwest, and indeed of the 



» 



64 THE NORTHWEST TERRITORY. 

whole country, have had their nuclei in those rude pioneer structures, 
known as forts or stockades. Thus Forts Dearborn, Washington, Pon- 
chartrain, mark the original sites of the now proud Cities of Chicago, 
Cincinnati and Detroit. So of most of the flourishing cities east and west 
of the Mississippi. Fort Washington, erected by Doughty in 1790, was a 
rude but highly interesting structure. It was composed of a number of 
strongly-built hewed log cabins. Those designed for soldiers' barracks 
were a story and a half high, while those composing the officers quarters 
were more imposing and more conveniently arranged and furnished. 
The whole were so placed as to form a hollow square, enclosing about an 
acre of ground, with a block house at each of the four angles. 

The logs for the construction of this fort were cut from the ground 
upon which it was erected. It stood between Third and Fourth Streets 
of the present city (Cincinnati) extending east of Eastern Row, now 
Broadway, which was then a narrow alley, and the eastern boundary of 
of the town as it was originally laid out. On the bank of the river, 
immediately in front of the fort, was an appendage of the fort, called the 
Artificer's Yard. It contained about two acres of ground, enclosed by 
small contiguous buildings, occupied by workshops and quarters of 
laborers. Within this enclosure there was a large two-story frame house, 
familiarly called the " Yellow House," built for the accommodation of 
the Quartermaster General. For many years this was the best finished 
and most commodious edifice in the Queen City. Fort Washington was 
for some time the headquarters of both the civil and military governments 
of the Northwestern Territory. 

Following the consummation of the treaty various gigantic land spec- 
ulations were entered into by different persons, who hoped to obtain 
from the Indians in Michigan and northern Indiana, large tracts of lands. 
These were generally discovered in time to prevent the outrageous 
schemes from being carried out, and from involving the settlers in war. 
On October 27, 1795, the treaty between the United States and Spain 
was signed, whereby the free navigation of the Mississippi was secured. 

No sooner had the treaty of 1795 been ratified than settlements began 
to pour rapidly into the West. The great event of the year 1796 was the 
occupation of that part of the Northwest including Michigan, which was 
this year, under the provisions of the treaty, evacuated by the British 
forces. The United States, owing to certain conditions, did not feel 
justified in addressing the authorities in Canada in relation to Detroit 
and other frontier posts. When at last the British authorities were 
called to give them up, they at once complied, and General Wayne, who 
had done so much to preserve the frontier settlements, and who, before 
the year's close, sickened and died near Erie, transferred his head- 



THE NORTHWEST TERRITORY. 65 

quarters to the neighborhood of the lakes, where a county named after 
him was formed, which included the northwest of Ohio, all of Michigan, 
and the northeast of Indiana. During this same year settlements were 
formed at the present City of Chillicothe, along the Miami from Middle- 
town to Piqua, while in the more distant West, settlers and speculators 
began to appear in great numbers. In September, the City of Cleveland 
was laid out, and during the Summer and Autumn, Samuel Jackson and 
Jonathan Sharpless erected the first manufactory of paper — the " Red- 
stone Paper Mill" — in the West. St. Louis contained some seventy 
houses, and Detroit over three hundred, and along the river, contiguous 
to it, were more than three thousand inhabitants, mostly French Canadians, 
Indians and half-breeds, scarcely any Americans venturing yet into that 
part of the Northwest. 

The election of representatives for the territory had taken place, 
and on the 4th of February, 1799, they convened at Losantiville — now 
known as Cincinnati, having been named so by Gov. St. Clair, and 
considered the capital of the Territory — to nominate persons from whom 
the members of the Legislature were to be chosen in accordance with 
a previous ordinance. This nomination being made, the Assembly 
adjourned until the 16th of the following September. From those named 
the President selected as members of the council, Henry Vandenburg, 
of Vincennes, Robert Oliver, of Marietta, James Findlay and Jacob 
Burnett, of Cincinnati, and David Vance, of Vanceville. On the 16th 
of September the Territorial Legislature met, and on the 24th the two 
houses were duly organized, Henry Vandenburg being elected President 
of the Council. 

The message of Gov. St. Clair was addressed to the Legislature 
September 20th, and on October 13th that body elected as a delegate to 
Congress Gen. Wm. Henry Harrison, who received eleven of the votes 
cast, being a majority of one over his opponent, Arthur St. Clair, son of 
Gen. St. Clair. 

The whole number of acts passed at this session, and approved by 
the Governor, were thirty-seven — eleven others were passed, but received 
his veto. The most important of those passed related to the militia, to 
the administration, and to taxation. On the 19th of December this pro- 
tracted session of the first Legislature in the West was closed, and on the 
30th of December the President nominated Charles Willing Brvd to the 
office of Secretary of the Territory vice Wm. Henry Harrison, elected to 
Congress. The Senate confirmed his nomination the next day. 



66 THE NOKTHWEST TERRITORY. 



DIVISION OF THE NORTHWEST TERRITORY. 

The increased emigration to the Northwest, the extent of the domain, 
and the inconvenient modes of travel, made it very difficult to conduct 
the ordinary operations of government, and rendered the efficient action 
of courts almost impossible. To remedy this, it was deemed advisable to 
divide the territory for civil purposes. Congress, in 1800, appointed a 
committee to examine the question and report some means for its solution. 
This committee, on the 3d of March, reported that : 

"•In the three western countries there has been but one court having 
cognizance of crimes, in five years, and the immunity which offenders 
experience attracts, as to an asylum, the most vile and abandoned crim- 
inals, and at the same time deters useful citizens from making settlements 
in such society. The extreme necessity of judiciary attention and assist- 
ance is experienced in civil as well as in criminal cases. * * * * To 
minister a remedy to these and other evils, it occurs to this commitfee 
that it is expedient that a division of said territory into two distinct and 
separate governments should be made ; and that such division be made 
b}^ a line beginning at the mouth of the Great Miami River, running 
directly north until it intersects the boundary between the United States 
and Canada." 

The report was accepted by Congress, and, in accordance with its 
suggestions, that body passed an Act extinguishing the Northwest Terri- 
tory, which Act was approved May 7. Among its provisions were these : 

" That from and after July 4 next, all that part of the Territory of 
the United States northwest of the Ohio River, which lies to the westward 
of a line beginning at a point on the Ohio, opposite to the mouth of the 
Kentucky River, and running thence to Fort Recovery, and thence north 
until it shall intersect the territorial line between the United States and 
Canada, shall, for the purpose of temporary government, constitute a 
separate territory, and be called' the Indiana Territory." 

After providing for the exercise of the civil and criminal powers of 
the territories, and other provisions, the Act further jDrovides : 

" That until it shall otherwise be ordered by the Legislatures of the 
said Territories, respectively, Chillicothe on the Scioto River shall be the 
seat of government of the Territory of the United States northwest of the 
Ohio River ; and that St. Vindennes on the Wabash River shall be the 
seat of government for the Indiana Territory." 

Gen. Wm. Henry Harrison was appointed Governor of the Indiana 
Territory, and entered upon his duties about a year later. Connecticut 
also about this time released her claims to the reserve, and in March a law 



THE NORTHWEST TERRITORY. 67 

was passed accepting this cession. Settlements had been made upon 
thirty-five of the townships in the reserve, mills had been built, and seven 
hundred miles of road cut in various directions. On the 3d of November 
the General Assembly met at Chillicothe. Near the close of the year, 
the first missionary of the Connecticut Reserve came, who found no 
township containing more than eleven families. It was upon the first of 
October that the secret treaty had been made between Napoleon and the 
King of Spain, whereby the latter agreed to cede to France the province 
of Louisiana. 

In January, 1802, the Assembly of the Northwestern Territory char- 
tered the college at Athens. From the earliest dawn of the western 
colonies, education was promptly provided for, and as early as 1787, 
newspapers were issued from Pittsburgh and Kentucky, and largely read 
throughout the frontier settlements. Before the close of this year, the 
Congress of the United States granted to the citizens of the Northwestern 
territory the formation of a State government. One of the provisions of 
the "compact of 1787" provided that whenever the number of inhabit- 
ants within prescribed limits exceeded 45,000, they should be entitled to 
a separate government. The prescribed limits of Ohio contained, from a 
census taken to ascertain the legality of the act, more than that number, 
and on the 30th of April, 1802, Congress passed the act defining its limits, 
and on the 29th of November the Constitution of the new State of Ohio, 
so named from the beautiful river forming its southern boundary, came 
into existence. The exact limits of Lake Michigan were not then known, 
but the territory now included within the State of Michigan was wholly 
within the territory of Indiana. 

Gen. Harrison, while residing at Vincennes, made several treaties 
with the Indians, thereby gaining large tracts of lands. The next yeav is 
memorable in the history of the West for the purchase of Louisiana from 
France by the United States for $15,000,000. Thus by a peaceful mode, 
the domain of the United States was extended over a large tract of 
country west of the Mississippi, and was for a time under the jurisdiction 
of the Northwest government, and, as has been mentioned in the early 
part of this narrative, was called the "New Northwest."' The limits 
of this history will not allow a description of its territory. The same A^ear 
large grants of land were obtained from the Indians, and the House of 
Representatives of the new State of Ohio signed a bill respecting the 
College Township in the district of Cincinnati. 

Before the close of the year. Gen. Harrison obtained additional 
grants of lands from the various Indian nations in Indiana and the present 
limits of Illinois, and on the 18th of August, 1804, completed a treaty at 
St. Louis, whereby over 51,000,000 acres of lands were obtained from the 



68 THE NORTHWEST TERRITORY. 



aborigines. Measures were also taken to learn the condition of affairs in 
and about Detroit. . 

C. Jouett, the Indian agent in Michigan, still a part of Indiana Terri- 
tory, reported as follows upon the condition of matters at that post : 

" The Town of Detroit. — The charter, which is for fifteen miles 
square, was granted in the time of Louis XIV. of France, and is hkw, 
from the best information I have been able to get, at Quebec. Of those 
two hundred and twenty-five acres, only four are occupied by the town 
and Fort Lenault. The remainder is a common, except twenty-four 
acres, which were added twenty years ago to a farm belonging to Wm. 
Macomb. * * * A stockade incloses the town, fort and citadel. The 
pickets, as well as the public houses, are in a state of gradual decay. The 
streets are narrow, straight and regular, and intersect each other at right 
angles. The houses are, for the most part, low and inelegant."' 

During this year, Congress granted a township of land for the sup- 
port of a college, and began to offer inducements for settlers in these 
wilds, and the country now comprising the State of Michigan began to 
fill rapidly with settlers along its southern borders. This same year, also, 
a law was passed organizing the Southwest Territory, dividing it into two 
portions, the Territory of New Orleans, which city was made the seat of 
government, and the District of Louisiana, which was annexed to the 
domain of Gen. Harrison. 

On the 11th of January, 1805, the Territory of Michigan was formed, 
Wm. Hull was appointed governor, with headquarters at Detroit, the 
change to take effect on June 30. On the 11th of that month, a fire 
occurred at Detroit, which destroyed almost every building in the place. 
When the officers of the new territory reached the post, they found it in 
ruins, and the inhabitants scattered throughout the country. Rebuild- 
ing, however, soon commenced, and ere long the town contained more 
houses than before the fire, and many of them much better built. 

While this was being done, Indiana had passed to the second grade 
of government, and through her General Assembly had obtained large 
tracts of land from the Indian tribes. To all this the celebrated Indian, 
Tecumthe or Tecumseh, vigorously protested, and it was the main cause 
of his attempts to unite the various Indian tribes in a conflict with the 
settlers. To obtain a full account of these attempts, the workings of the 
British, and the signal failure, culminating in the death of Tecumseh at 
the battle of the Thames, and the close of the war of 1812 in the Northwest, 
we will step aside in our story, and relate the principal events of his life, 
and his connection with this conflict. 



THE NORTHWEST TERRITORY. 



6t» 




TECUMSEH, THE SHAWANOE CHIEFTAIN. 



70 THE NORTHWEST TERRITORY. 



TECUMSEH, AND THE WAR OF 1812. 

This famous Indian chief was born about the year 1768, not far from 
the site of the present City of Piqua, Ohio. His father, Puckeshinwa, 
was a member of the Kisopok tribe of the Swanoese nation, and his 
mother, Methontaske, was a member of the Turtle tribe of the same 
people. They removed from Florida about the middle of the last century 
to the birthplace of Tecumseh. In 1774, his father, who had risen to be 
chief, was slain at the battle of Point Pleasant, and not long after Tecum- 
seh, by his bravery, became the leader of his tribe. In 1795 he was 
declared chief, and then lived at Deer Creek, near the site of the 
present City of Urbana. He remained here about one 3'ear, when he 
returned to Piqua, and in 1798, he went to White River, Indiana. In 
1805, he and his brother, Laulewasikan (Open Door), who had announced 
himself as a prophet, went to a tract of land on the Wabash River, given 
them by the Pottawatomies and Kickapoos. From this date the chief 
comes into prominence. He was now about thirty-seven years of age, 
was five feet and ten inches in height, was stoutly built, and possessed of 
enormous powers of endurance. His countenance was naturall}' pleas- 
ing, and he was, in general, devoid of those savage attributes possessed 
by most Indians. It is stated he could read and write, and had a confi- 
dential secretary and adviser, named Billy Caldwell, a half-breed, who 
afterward became chief of the Pottawatomies. He occupied the first 
house built on the site of Chicago. At this time, Tecumseh entered 
upon the great work of his life. He had long objected to the grants of 
land made by the Indians to the whites, and determined to unite all the 
Indian tribes into a league, in order that no treaties or grants of land 
could be made save by the consent of this confederation. 

He traveled constantly, going from north to south ; from the south 
to the north, everywhere urging the Indians to this step. He was a 
matchless orator, and his burning words had their effect. 

Gen. Harrison, then Governor of Indiana, by watching the move- 
ments of the Indians, became convinced that a grand conspiracy was 
forming, and made preparations to defend the settlements. Tecumseh's 
plan was similar to Pontiac's, elsewhere described, and to the cunning 
artifice of that chieftain was added his own sagacity. 

During the yeav 1809, Tecumseh and the prophet were actively pre- 
paring for the work. In that year. Gen. Harrison entered into a treaty 
with the Delawares, Kickapoos, Pottawatomies, Miamis, Eel River Indians 
and Weas, in which these tribes ceded to the whites certain lands upon 
the Wabash, to all of which Tecumseh entered a bitter protest, averring 



THE NORTHWEST TERRITORY. 71 

as one principal i-eason that he did not want the Indians to give up any 
lands north and west of the Ohio River. 

Tecumseh, in August, 1810, visited the General at Vincennes and 
held a council relating to the grievances of the Indians. Becoming unduly 
angry at this conference he was dismissed from the village, and soon after 
departed to incite the southern Indian tribes to the conflict. 

Gen. Harrison determined to move upon the chief's headquarters at 
Tippecanoe, and for this purpose went about sixty-five miles up the 
Wabash, where he built Fort Harrison. From this place he went to the 
prophet's town, where he informed the Indians he had no hostile inten- 
tions, provided they were true to the existing treaties. He encamped 
near the village early in October, and on the morning of November 7, he 
was attacked by a large force of the Indians, and the famous battle of 
Tippecanoe occurred. The Indians were routed and their town broken 
up. Tecumseh returning not long after, was greatly exasperated at his 
brother, the prophet, even threatening to kill him for rashly precipitating 
the war, and foiling his (Tecumseh's) plans. 

Tecumseh sent word to Gen. Harrison that he was now returned 
from the South, and was ready to visit the President as had at one time 
previously been proposed. Gen. Harrison informed him he could not go 
as a chief, which method Tecumseh desired, and the visit was never 
made. 

In June of the following year, he visited the Indian agent ^at 
Fort Wayne. Here he disavowed any intention to make a war against 
the United States, and reproached Gen. Harrison for marching against his 
people. The agent replied to this ; Tecumseh listened with a cold indif- 
ference, and after making a few general remarks, with a haughty air drew 
his blanket about him, left the council house, and departed for Fort Mai- 
den, in Upper Canada, where he joined the British standard. 

He remained under this Government, (^oing effective work for the 
Crown while engaged in the war of 1812 which now opened. He was, 
however, always humane in his treatment of the prisoners, never allow- 
ing his warriors to ruthlessly mutilate the bodies of those slain, or wan- 
tonly murder the captive. 

In the Summer of 1813, Perry's victory on Lake Erie occurred, and 
shortly after active preparations were made to capture Maiden. On tlie 
27th of September, the American army, under Gen. Harrison, set sail for 
the shores of Canada, and in a few hours stood around the ruins of Mai- 
den, from which the British army, under Proctor, had retreated to Sand- 
wich, intending to make its way to the heart of Canada by the Valley of 
the Thames. On the 29th Gen. Harrison was at Sandwich, and Gen. 
McArthur took possession of Detroit and the territory of Michigan. 



72 



THE NORTHWEST TERRITORY. 



On the 2d of October, the Americans began their pursuit of Proctor, 
whom they overtook on the 5th, and the battle of the Thames followed. 
Early in the engagement, Tecumseh who was at the head of the column 
of Indians was slain, and they, no longer hearing the voice of their chief- 
tain, fled. The victory was decisive, and practically closed the war in 
the Northwest, 




INDIANS ATTACKINCJ A STOCKADIl-. 



Just who killed the great chief has been a matter of much dispute ; 
but the weight of opinion awards the act to Col. Richard M. Johnson, 
who fired at him with a pistol, the shot proving fatal. 

In 1805 occurred Burr's Insurrection. He took possession of a 
beautiful island in the Ohio, after the killing of Hamilton, and is charged 
by many with attempting to set up an independent government. His 
plans were frustrated by the general government, his property confiscated 
and he was compelled to flee the country for safet}-. 



THE NORTHWEST TERRITORY. 73 

In January, 1807, Governor Hull, of Michigan Territory, made a 
treaty with the Indians, whereby all that peninsula was ceded to the 
United States. Before the close of the year, a stockade was built about 
Detroit. It was also during this year that Indiana and Illinois endeavored 
to obtain the repeal of that section of the compact of 1787, whereby 
slavery was excluded from the Northwest Territory. These attempts, 
however, all signally failed. 

In 1809 it was deemed advisable to divide the Indiana Territory. 
This was done, and the Territory of Illinois was formed from the western 
part, the seat of government being fixed at Kaskaskia. The next year, 
the intentions of Tecumseh manifested themselves in open hostilities, and 
then began the events already narrated. 

While this war was in progress, emigration to the West went on with 
surprising rapidity. In 1811, under Mr. Roosevelt of New York, the 
first steamboat trip was made on the Ohio, much to the astonishment of 
the natives, many of whom fled in terror at the appearance of the 
" monster." It arrived at Louisville on the 10th day of October. At the 
close of the first week of January, 1812, it arrived at Natchez, after being 
nearl}- overwhelmed in the great earthquake which occurred while on its 
downward trip. 

The battle of the Thames was fought on October 6, 1813. It 
effectually closed hostilities in the Northwest, although peace was not 
fully restored until July 22, 1814, when a treaty was formed at Green- 
ville, under the direction of General Harrison, between the United States 
and the Indian tribes, in which it was stipulated that the Indians should 
cease hostilities asfainst the Americans if the war were continued. Such, 
happily, was not the case, and on the 24th of December the treaty 
of Ghent was signed by the representatives of England and the United 
States. This treaty was followed the next year by treaties with various 
Indian tribes throughout the West and Northwest, and quiet was again 
restored in this part of the new world. 

On the 18th of March, 1816, Pittsburgh was incorporated as a city. 
It then had a population of 8,000 people, and was already noted for its 
manufacturing interests. On April 19, Indiana Territory was allowed 
to form a state government. At that time there were thirteen counties 
organized, containing about sixty-three thousand inhabitants. The first 
election of state officers was held in August, when Jonathan Jennings 
was chosen Governor. The officers were sworn in on November 7, and 
on December 11, the State was formally admitted into the Union. For 
some time the seat of government was at Corydon, but a more central 
location being desirable, the present capital, Indianapolis (City of Indiana), 
was laid out January 1, 1825. 



74 THE NORTHWEST TERRITORY. 

On the 28th of December the Bank of Illinois, at Shawueetown, was 
chartered, with a capital of $300,000. At this period all banks were 
under the control of the States, and were allowed to establish branches 
at different convenient points. 

Until this time Chillicothe and Cincinnati had in turii enjoyed the 
privileges of being the capital of- Ohio. But the rapid settlement of the 
northern and eastern portions of the State demanded, as in Indiana, a 
more central location, and before the close of the year, the site of Col- 
umbus was selected and surveyed as the future capital of the State. 
Banking had begun in Ohio as early as 1808, when the first bank was 
chartered at Marietta, but here as elsewhere it did not bring to the state 
the hoped-for assistance. It and other banks were subsequently unable 
to redeem their currency, and were obliged to suspend. 

In 1818, Illinois was made a state, and all the territory north of her 
northern limits was erected into a separate territory and joined to Mich- 
igan for judicial purposes. By the following year, navigation of the lakes 
was increasing with great rapidity and affording an immense source of 
revenue to the dwellers in the Northwest, but it was not until 1826 that 
the trade was extended to Lake Michigan, or that steamships began to 
navigate the bosom of that inland sea. 

Until the year 1832, the commencement of the Black Hawk War, 
but few hostilities were experienced with the Indians. Roads were 
opened, canals were dug, cities were built, common schools were estab- 
lished, universities were founded, many of which, especially the Michigan 
University, have achieved a world wide-reputation. The people were 
becoming wealthy. The domains of the United States had been extended, 
and had the sons of the forest been treated with honesty and justice, the 
record of many years would have been that of peace and continuous pros- 
perity. 

BLACK HAWK AND THE BLACK HAWK WAR. 

This conflict, though confined to Illinois, is an important epoch in 
the Northwestern history, being the last war with the Indians in this part 
of the United States. 

Ma-ka-tai-me-she-kia-kiah, or Black Hawk, was born in the principal 
Sac village, about three miles from the junction of Rock River with the 
Mississippi, in the year 1767. His father's name was Py-e-sa or Pahaes ; 
his grandfather's, Na-na-ma-kee, or the Thunderer. Black Hawk early 
distinguished himself as a warrior, and at the age of fifteen was permitted 
to paint and was ranked among the braves. About the year 1783, he 
went on an expedition against the enemies of his nation, the Osages, one 



THE NORTHWEST TERRITORY. 



76 




BLACK ITAWK, THE SAC CHIEFTAIN. 



76 THE NORTHWEST TERRITORY. 

of whom he killed and scalped, and for this deed of Indian bravery he was 
jiermitted to join in the scalp dance. Three or four years after he, at the 
head of two hundred braves, went on another expedition against the 
Osages, to avenge the murder of some women and children belonging to 
his own tribe. Meeting an equal number of Osage warriors, a fierce 
battle ensued, in which the latter tribe lost one-half their number. The 
Sacs lost only about nineteen warriors. He next attacked the Cherokees 
for a similar cause. In a severe battle with them, near the present City 
of St. Louis, his father was slain, and Black Hawk, taking possession of 
the " Medicine Bag,"' at once announced himself chief of the Sac nation. 
He had now conquered the Cherokees, and about the year 1800, at the 
head of five hundred Sacs and Foxes, and a hundred lowas, he waged 
Avar against the Osage nation and subdued it. For two vears he battled 
successfully with other Indian tribes, all of whom he conquered. 

Black Hawk does not at any time seem to have been friendly to 
the Americans. When on a visit to St. Louis to see his " Spanish 
Father," he declined to see an}^ of the Americans, alleging, as a reason, 
he did not want two fathers. 

The treaty at St. Louis was consummated in 1804. The next year the 
LTnited States Government erected a fort near the head of the Des Moines 
Rapids, called Fort Edwards. This seemed to enrage Black Hawk, who 
at once determined to capture Fort Madison, standing on the west side of 
the Mississippi above the mouth of the Des Moines River. The fort was 
garrisoned by about fifty men. Here he was defeated. The difficulties 
with the British Government arose about this time, and the War of 1812 
followed. That government, extending aid to the Western Indians, by 
giving them arms and ammunition, induced them to remain hostile to the 
Americans. In August, 1812, Black Hawk, at the head of about five 
hundred braves, started to join the British forces at Detroit, passing on 
his way the site of Chicago, where the famous Fort Dearborn Massacre 
had a few days before occurred. Of his connection with the British 
Government but little is known. In 1813 he with his little band descended 
the Mississippi, and attacking some United States troops at Fort Howard 
was defeated. 

In the early part of 1815, the Indian tribes west of the Mississippi 
were notified that peace had been declared between the United States 
and England, and nearly all hostilities had ceased. Black Hawk did not 
sign any treaty, however, until May of the following year. He then recog- 
nized the validit}^ of the treaty at St. Louis in 1804. From the time of 
signing this treaty in 1816, until the breaking out of the war in 1832, he 
and his band passed their time in the common pursuits of Indian life. 

Ten years before the commencement of this war, the Sac and Fox 



THE NORTHWEST TERRITORY. 77 

Indians were urged to join the lowas on the west bank of the Father of 
Waters. All were agreed, save the band known as the British Band, of 
Avhich Black Hawk was leader. He strenuously objected to the removal, 
and was induced to comply only after being threatened with the power of 
tlie Government. This and various actions on the part^of the white set- 
tlers provoked Black Hawk and his band to attempt the capture of his 
native village now occupied by the whites. The war followed. He and 
his actions were undoubtedly misunderstood, and had his wishes been 
acquiesced in at the beginning of the struggle, much bloodshed would 
have been prevented. 

Black Hawk was chief now of the Sac and Fox nations, and a noted 
warrior. He and his tribe inhabited a village on Rock River, nearly three 
miles above its confluence with the Mississippi, where the tribe had lived 
many generations. When that portion of Illinois was reserved to them, 
they remained in peaceable possession of their reservation, spending their 
time in the enjoyment of Indian life. The fine situation of their village 
and the quality of their lands incited the more lawless white settlers, who 
from time to time began to encroach upon the red men's domain. From 
one pretext to another, and from one step to another, the crafty white 
men gained a foothold, until through whisky and artifice they obtained 
deeds from many of the Indians for their possessions. The Indians were 
finally induced to cross over the Father of Waters and locate among the 
lowas. Black Hawk was strenuously opposed to all this, but as the 
authorities of Illinois and the United States thought this the best move, he 
was forced to comply. Moreover other tribes joined the whites and urged 
the removal. Black Hawk would not agree to the terms of the treaty 
made with his nation for their lands, and as soon as the military, called to 
enforce his removal, had retired, he returned to the Illinois side of the 
river. A large force was at once raised and marched against him. On 
the evening of May 14, 1832, the first engagement occurred between a 
band from this army and Black Hawk's band, in which the former were 
defeated. 

This attack and its result aroused the whites. A large force of men 
was raised, and Gen. Scott hastened from the seaboard, by way of the 
lakes, with United States troops and artillery to aid in the subjugation of 
the Indians. On the 24th of June, Black Hawk, with 200 warriors, was 
repulsed by Major Demont between Rock River and Galena. The Ameri- 
can army continued to move up Rock River toward the main body of 
the Indians, and on the 21st of July came upon Black Hawk and his band, 
and defeated them near the Blue Mounds. 

Before this action. Gen. Henry, in command, sent word to the main 
army by whom he was immediately rejoined, and the whole crossed the 

XoTE.— The above is the generally accepted version of the cause of the Black Hawk War, hut in our History of 
Jo Daviei^s County. 111., wi> liad cccasii ii to go to the bottom of this matter, and have, we think, found the actual 
cause of the war, which will he found on page 15T. 



78 THE NORTHWEST TERRITORY. 

Wisconsin in pursuit of Black Hawk and his band who were fleeing to the 
Mississippi. They were overtaken on the 2d of August, and in the battle 
which followed the power of the Indian chief was completely broken. He 
fled, but was seized by the Winnebagoes and delivered to the whites. 

On the 21st of September, 1832, Gen. Scott and Gov. Reynolds con- 
cluded a treaty with the Winnebagoes, Sacs and Foxes by which they 
ceded to the United States a vast tract of country, and agreed to remain 
peaceable with the whites. For the faithful performance of the provi- 
sions of this treaty on the part of the Indians, it was stipulated that 
Black Hawk, his two sons, the prophet Wabokieshiek, and six other chiefs 
of the hostile bands should be retained as hostages during the pleasure 
of the President. They were confined at Fort Barracks and put in irons. 

The next Spring, by order of the Secretary of War, they were taken 
to Washington. From there they were removed to Fortress Monroe, 
"there to remain until the conduct of their nation was such as to justify 
their being set at liberty." They were retained here until the 4th of 
June, when the authorities directed them to be taken to the principal 
cities so that they might see the folly of contending against the white 
people. Everj'^where they were observed by thousands, the name of the 
old chief being extensively known. By the middle of August they 
reached Fort Armstrong on Rock Island, where Black Hawk was soon 
after released to go to his countrymen. As he passed the site of his birth- 
place, now the home of the white man, he was deeply moved. His village 
where he was born, where he had so happily lived, and where he had 
hoped to die, was now another's dwelling place, and he was a wanderer. 

On the next day after his release, he went at once to his tribe and 
his lodge. His wife was yet living, and with her he passed the remainder 
of his days. To his credit it may be said that Black Hawk always re- 
mained true to his wife, and served her with a devotion uncommon among 
the Indians, living with her upward of forty years. 

Black Hawk now passed his time hunting and fishing. A deep mel- 
ancholy had settled over him from which he could not be freed. At all 
times when he visited the whites he was received with marked atten- 
tion. He was an honored guest at the old settlers' reunion in Lee County, 
Illinois, at some of their meetings, and received many tokens of esteem. 
In September, 1838, while on his way to Rock Island to receive his 
annuity from the Government, he contracted a severe cold which resulted 
in a fatal attack of bilious fever which terminated his life on October 3. 
His faithful wife, who was devotedly attached to him, mourned deeply 
during his sickness. After his death he was dressed in the uniform pre- 
sented to him by the President while in Washington. He was buried in 
a grave six feet in depth, situated upon a beautiful eminence. " The 



THE NORTHWEST TF^RHITORV. 79 

body was placed in the middle of the grave, in a sitting posture, upon a 
seat constructed for the purpose. On his left side, the cane, given him 
by Henry Clay, was placed upright, with his right hand resting upon it. 
Many of the old warrior's trophies were placed in the grave, and some 
Indian garments, together with his favorite weapons." 

No sooner was the Black Hawk war concluded than settlers began 
rapidly to pour into the northern parts of Illinois, and into Wisconsin, 
now free from Indian depredations. Chicago, from a trading post, had 
grown to a commercial center, and was rapidly coming into prominence. 
In 1835, the formation of a State Government in Michigan was discussed, 
but did not take active form until two years later, when the State became 
a part of the Federal Union. 

The main attraction to that portion of the Northwest lying west of 
Lake Michigan, now included in the State of Wisconsin, was its alluvial 
wealth. Copper ore was found about Lake Superior. For some time this 
region was attached to Michigan for judiciary purposes, but in 183(5 was 
made a territory, then including Minnesota and Iowa. The latter State 
was detached two years later. In 1848, W^isconsin was admitted as a 
State, Madison being made the capital. We have now traced the various 
divisions of the Northwest Territory (save a little in Minnesota) from 
the time it was a unit comprising this vast territory, until circumstances 
compelled its present division. 

OTHER INDIAN TROUBLES. 

Before leaving this part of the narrative, we will narrate briefly the 
Indian troubles in Minnesota and elsewhere by the Sioux Indians. 

In August, 1862, the Sioux Indians living on the western borders of 
Minnesota fell upon the unsuspecting settlers, and in a few hours mas- 
sacred ten or twelve hundred persons. A distressful panic was the 
immediate result, fully thirty thousand persons fleeing from their homes 
to districts supposed to be better protected. The military authorities 
at once took active measures to punish the savages, and a large number 
were killed and captured. About a year after, Little Crow, the chief, 
was killed by a Mr. Lampson near Scattered Lake. Of those captured, 
thirty were hung at Mankato, and the remainder, through fears of mob 
violence, were removed to Camp McClellan, on the outskirts of the City 
of Davenport. It was here that Big Eagle came into prominence and 
secured his release by the following order : 



80 



THE NORTHWEST TERRITORY. 




BIG EAGLE. 



THE NORTHWEST TERRITORY. 81 

" Special Order, No. 430. " War Department, 

" Adjutant General's Office, Washington, Dee. 8, 1864. 

" Big Eagle, an Indian now in confinement at Davenport, Iowa, 
will, upoi4 the receipt of this order, be immediately released from confine- 
ment and set at liberty. 

" By order of the President of the United States. 
" Official : " E. D. Townsend, Ass't Adft aen. 

" Capt. James Vanderventer, (7om'y Sub. Vols. 

" Through Com'g Gen'l, Washington, D. C." 

Another Indian who figures more prominently than Big Eagle, and 
who was more cowardly in his nature, with his band of Modoc Indians, 
is noted in the annals of the New Northwest: we refer to Captain Jack. 
This distinguished Indian, noted for his cowardly murder of Gen. Canby, 
was a chief of a Modoc tril)e of Indians inhabiting the border lands 
between California and Oregon. This region of country comprises what 
is known as the " Lava Beds,"' a tract of land described as utterly impene- 
trable, save by those savages who had made it their home. 

The Modocs are known as an exceedingl}^ fierce and treacherous 
race. They had, according to their own traditions, resided here for many 
generations, and at one time were exceedingly numerous and powerful. 
A famine carried off nearly half their numbers, and disease, indolence 
and the vices of the white man have reduced them to a poor, weak and 
insignificant tribe. 

Soon after the settlement of California and ( )regon, complaints began 
to be heard of massacres of emigrant trains passing through the Modoc 
country., In 1847, an emigrant train, comprising eighteen souls, was en- 
tirely destroyed at a place since known as " Bloody Point." These occur- 
rences caused the United States Government to appoint a peace commission, 
who, after repeated attempts, in 1864. made a treaty with the Modocs. 
Snakes and Klamaths, in Avhich it was agreed on their part to remove to 
a reservation set apart for them in the southern part of Oregon. 

With the exception of Captain Jack and a band of his followers, who 
remained at Clear Lake, about six miles from Klamath, all the Indians 
complied. The Modocs who went to the reservation were under chief 
Schonchin. Captain Jack remained at the lake without disturbance 
until 1869, when he was also induced to remove to the reservation. The 
Modocs and the Klamaths soon became involved in a quarrel, and Captain 
Jack and his band returned to the Lava Beds. 

Several attempts were made by the Indian Commissioners to induce 
them to return to the reservation, and finally becoming involved in a 



82 THE NORTHWEST TERRITORY. 

difficulty with the commissioner and liis military escort, a fight ensued, 
in which the chief and his Land were routed. They were greatly enraged, 
and on their retreat, before the day closed, killed eleven inoffensive whites. 

The nation was aroused and immediate action demandedi A com- 
mission was at once appointed by the Government to see what could be 
done. It comj)rised the following persons : Gen. E. R. S. Canby, Rev. 
Dr. E. Thomas, a leading Methodist divine of California; Mr. A. B. 
Meacham, Judge Rosborough, of California, and a Mr. Dyer, of Oregon. 
After several interviews, in which the savages were always aggressive, 
often appearing with scalps in their belts. Bogus Charley came to the 
commission on the evening of April 10, 1873, and informed them that 
Capt. Jack and his band would have a " talk " to-morrow at a place near 
Clear Lake, about three miles distant. Here the Commissioners, accom- 
panied by Charley, Riddle, the interpreter, and Boston Charley repaired. 
After the usual greeting the council proceedings commenced. On behalf 
of the Indians there were present : Capt. Jack, Black Jim, Schnac Nasty 
Jim, Ellen's Man, and Hooker Jim. They had no guns, but carried pis- 
tols. After short speeches by Mr. Meacham, Gen. Canby and Dr. Thomas, 
Chief Schonchin arose to speak. He had scarcely proceeded when, 
as if by a preconcerted arrangement, Capt. Jack drew his pistol and shot 
Gen. Canby dead. In less than a minute a dozen shots were fired by the 
savages, and the massacre completed. Mr. Meacham was shot by Schon- 
chin, and Dr. Thomas by Boston Charley. Mr. Dyer barely escaped, being 
fired at twice. Riddle, the interpreter, and his squaw escaped. The 
troops rushed to the spot where they found Gen. Canby and Dr. Thomas 
dead, and Mr. Meacham badly wounded. The savages had escaped to 
their impenetrable fastnesses and could not be pursued. 

The whole country was aroused by this brutal massacre ; but it was 
not until the following May that the murderers were brought to justice. 
At that time Boston Charley gave himself up, and offered to guide the 
troops to Capt. Jack's stronghold. This led to the capture of his entire 
gang, a number of whom were murdered by Oregon volunteers while on 
their way to trial. The remaining Indians were held as prisoners until 
July when their trial occurred, which led to the conviction of Capt. 
Jack, Schonchin, Boston Charley, Hooker Jim, Broncho, alias One-Eyed 
Jim, and Slotuck, who were sentenced to be hanged. These sentences 
were approved by the President, save in the case of Slotuck and Broncho 
whose sentences were commuted to imprisonment for life. The others 
were executed at Fort Klamath, October 3, 1873. 

These closed the Indian troubles for a time in the Northwest, and for 
several years the borders of civilization remained in peace. They were 
again involved in a conflict with the savages about the country of the 



THE NORTHWEST TERRITORY. 



83 




CAPTAIN JACK, TIIE MODOC CIIIEFTAIX. 



^4 THE NORTHWEST TERRITORY. 

Black Hills, in which war the gallant Gen. Custer lost his life. Just 
now the borders of Oregon and California are again in fear of hostilities ; 
but as the Government has learned how to deal with the Indians, they 
will be of short duration. The red man is fast passing away before the 
march of the white man, and a few more generations will read of the 
Indians as one of the nations of the past. 

The Northwest abounds in memorable places. We have generally 
noticed them in the narrative, but our space forbids their description in 
detail, save of the most important places. Detroit, Cincinnati. Vincennes, 
Kaskaskia and their kindred towns have all been described. But ere we 
leave the narrative we will present our readers with an account of the 
Kinzie house, the old landmark of Chicago, and the discovery of the 
source of the Mississippi River, each of which may well find a place in 
the annals of the Northwest. 

Mr. John Kinzie, of the Kinzie house, represented in the illustra- 
tion, established a trading house at Fort Dearborn in 1804. The stockade 
had been erected the year previous, and named Fort Dearborn in honor 
of the Secretary of War. It had a block house at ea&h of the two angles, 
on the southern side a sallyport, a covered way on the north side, that led 
down to the river, for the double purpose of providing means of escape, 
and of procuring water in the event of a siege. 

Fort Dearborn stood on the south bank of the Chicago River, about 
half a mile from its mouth. When Major Whistler built it, his soldiers 
hauled all the timber, for he had no oxen, and so economically did he 
work that the fort cost the Government only fifty dollars. For a while 
the garrison could get no grain, and Whistler and his men subsisted on 
acorns. Now Chicago is the greatest grain center in the world. 

Mr. Kinzie bought the hut of the first settler, Jean Baptiste Point au 
Sable, on the site of which he erected his mansion. Within an inclosure 
in front he planted some Lombardy poplars, seen in the engraving, and in 
the rear he soon had a fine garden and growing orchard. 

In 1812 the Kinzie house and its surroundings became the theater 
of stirring events. The garrison of Fort Dearborn consisted of fifty-four 
men, under the charge of Capt. Nathan Heald, assisted, by Lieutenant 
Lenai T. Helm (son-in-law to Mrs. Kinzie), and Ensign Ronan. The 
surgeon was Dr. Voorhees. The only residents at the post at that time 
were the wives of Capt. Heald and Lieutenant Helm and a few of the 
soldiers, Mr. Kinzie and his family, and a few Canadian voyagers with their 
wives and children. The soldiers and Mr. Kinzie were on the most 
friendly terms ,with th« Pottawatomies and the Winnebagoes, the prin- 
cipal tribes around them, but they could not win them from their attach- 
ment to the British. 



THE NORTHWEST TERRITORY. 



85 



After the battle of Tippecanoe it was observed that some of the lead- 
ing chiefs l)ecame sullen, for some of their people had perished in that 
conflict with American troops. 

One evening in April, 1812, Mr. Kinzie sat playing his violin and his 
children were dancing to the music, when Mrs. Kinzie came rushing into 
the house pale with terror, and exclaiming, " The Indians ! the Indians ! " 
" What? Where? " eagerly inquired Mr. Kinzie. " Up at Lee's, killing 
and scalping," answered the frightened mother, who, when the alarm was 
given, was attending Mrs. Burns, a newly-made mother, living not f;iv off. 




KITSrZIE HOUSE. 



Mr. Kinzie and his family crossed the river in boats, and took refuge in 
the fort, to which place Mrs. Burns and her infant, not a day old, were 
conveyed in safety to the shelter of the guns of Fort Dearborn, and the 
rest of the white inhabitants fled. The Indians were a scalping party of 
Winnebagoes, who hovered around the fort some days, when they dis- 
appeared, and for several weeks the inhabitants were not disturbed by 
alarms. 

Chicago was then so deep in the wilderness, that the news of the 
declaration of war against Great Britain, made on the 19th of June, 1812, 
did not reach the commander of the garrison at Fort Dearborn till the 7th 
of August. Now the fast mail train will carry a man from New York to 
Chicago in twenty-seven hours, and such a declaration might be sent, 
every word, by the telegraph in less than the same number of minutes. 



'^ 



86 



THE ]S"OETHWEST TERRITORY, 



PRESENT CONDITION OF THE NORTHWEST. 



Preceding- chapters have brought us to the close of the Black Hawk 
war, and Ave now turn to the contemplation of the growth and prosperity 
of the Northwest under the smile of peace and the blessings of our civili- 
za,tion. The pioneers of this region date events back to the deep snow 



f 




A REPRESENTATIVE PIONEER. 



of 1831, no one arriving here since that date taking first honors. The 
inciting cause of the immigration which overflowed the prairies early in 
the '30s was the reports of the marvelous beauty and fertility of the 
region distributed through the East by those who had participated in the 
Black Hawk campaign with Gen. Scott. Chicago and Milwaukee then 
had a few hundred inhabitants, and Gurdon S. Hubbard's trail from the 
former city to Kaskaskia led almost through a wilderness. Vegetables 
and clothing were largely distributed through the regions adjoining the 



THE NORTHWEST TERRITORY. 



87 



lakes by steamers from the Ohio towns. There are men now living in 
Illinois who came to the state when barely an acre was in cultivation, 
and a man now prominent in the business circles of Chicago looked over 
the swampy, cheerless site of that metropolis in 1818 and went south 
ward into civilization. Emigrants from Pennsvlvania in 1830 left behind 







LINCOLN MONUMENT, SPKINGFIELD, ILLINOIS. 

them but one small railway in the coal regions, thirty miles in length, 
and made their way to the Northwest mostly with ox teams, finding in 
Northern Illinois petty settlements scores of miles apart, although the 
southern portion of the state was fairly dotted with farms. The 
water courses of the lakes and rivers furnished transportation to the 
second great army of immigrants, and about 18o0 railroads were 
pushed to that extent that the crisis of 1837 was precipitated upon us, 



88 



THE NORTHWEST TERRITORY. 



from the effects of which the Western country had not fully recovered 
at the outbreak of the war. Hostilities found the colonists of the prairies 
fully alive to the demands of the occasion, and the honor of recruiting 




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the vast armies of the Union fell largely to the Governors of the Western 
States. The struggle, on the whole, had a marked effect for the better on the 
new Northwest, giving it an impetus which twenty years of peace would not have 
produced. In a large degree, this prosperity was an inflated one; and, with 
the rest of the Union, we have since been compelled to atone therefor by four 



THE NORTHWEST TERRITORY. 89 

years of depression of values, of scarcity of employment, and loss of 
fortune. To a less degree, however, than the manufacturing or mining 
regions has the West suffered during the prolonged panic now so near its 
end. Agriculture, still the leading feature in our industries, has been 
quite prosperous through all these dark years, and the farmers have 
cleared away many incumbrances resting over them from the period of 
fictitious values. The population has steadily increased, the arts and 
sciences are gaining a stronger foothold, the trade area of the region is 
becoming daily more extended, and we have been largely exempt from 
the financial calamities which have nearly wrecked communities on the 
seaboard dependent wholly on foreign commerce or domestic manufacture. 

At the present period there are no great schemes broached for the 
Northwest, no propositions for government subsidies or national works 
of improvement, but the capital of the world is attracted hither for the 
purchase of our products or the expansion of our capacity for serving the 
nation at large. A new era is dawning as to transportation, and we bid 
fair to deal almost exclusively with the increasing and expanding lines 
of steel rail running through every few miles of territory on the prairies. 
The lake marine will no doubt continue to be useful in the warmer 
season, and to serve as a regulator of freight rates ; but experienced 
navigators forecast the decay of the system in moving to the seaboard 
the enormous crops of the West. Within the past five years it has 
become quite common to see direct shipments to Europe and the West 
Indies going through from the second-class towns along the Mississippi 
and Missouri. 

As to popular education, the standard has of late risen very greatly, 
and our schools would be creditable to any section of the Union. 

More and more as the events of the war pass into obscurity will the 
fate of the Northwest be linked with that of the Southwest, and the 
next Congressional apportionment will give the valley of the Mississippi 
absolute control of the legislation of the nation, and do much toward 
securing the removal of the Federal capitol to some more central location. 

Our public men continue to wield the full share of influence pertain- 
ing to their rank in the national autonomy, and seem not to forget that 
for tlie past sixteen years they and their constituents have dictated the 
principles which should govern the country. 

In a work like this, destined to lie on the shelves of the library for 
generations, and not doomed to daily destruction like a nevv'spaper, one 
can not indulge in the same glowing predictions, the sanguine statements 
of actualities that fill the columns of ephemeral publications. Time may 
bring grief to the pet projects of a writer, and explode castles erected on 
a pedestal of facts. Yet there are unmistakable indications before us of 



90 THE NORTHWEST TERRITORY. 

the same radical change in our great Northwest which characterizes its 
history for the past thirty years. Our domain has a sort of natural 
geographical border, save where it melts away to the southward in the 
cattle raisinof districts of the southwest. 

Our prime interest will for some years doubtless be the growth of 
the food of the world, in which branch it has already outstripped all 
competitors, and our great rival in this duty will naturally be the fertile 
plains of Kansas, Nebraska and Colorado, to say nothing of the new 
empire so rapidly growing up in Texas. Over these regions there is a 
continued progress in agriculture and in railway building, and we must 
look to our laurels. Intelligent observers of events are fully aware of 
the strides made in the way of shipments of fresh meats to Europe, 
many of these ocean cargoes being actually slaughtered in the West and 
transported on ice to the wharves of the seaboard cities. That this new 
enterprise will continue there is no reason to doubt. There are in 
Chicago several factories for the canning of prepared meats for European 
consumption, and the orders for thi^ class of goods are already immense. 
English capital is becoming daily more and more dissatisfied with railway 
loans and investments, and is gradually seeking mammoth outlays in 
lands and live stock. The stock yards in Chicago, Indianapolis and East 
St. Louis are yearly increasing their facilities, and their plant steadily 
grows more valuable. Importations of blooded animals from the pro- 
gressive countries of Europe are destined to greatly improve the quality 
of our beef and mutton. Nowhere is there to be seen a more enticing 
display in this line than at oar state and county fairs, and the interest 
in the matter is on the increase. 

To attempt to give statistics of our grain production for 1877 would 
be useless, so far have we surpassed ourselves in the quantity and 
quality of our product. We are too liable to forget that we are giving 
the world its first article of necessity — its food supply. An opportunity 
to learn this fact so it never can be forgotten Avas afforded at Chicago at 
the outbreak of the great panic of 1873, when Canadian purchasers, 
fearing the prostration of business mightbring about an anarchical condition 
of affairs, went to that city with coin in bulk and foreign drafts to secure 
their supplies in their own currency at first hands. It may be justly 
claimed by the agricitltural community that their combined efforts gave 
the nation its first impetus toward a restoration of its crippled industries, 
and their labor brought the gold premium to a lower depth than the 
government was able to reach by its most intense efforts of legislation 
and compulsion. The hundreds of millions about to be disbtirsed for 
farm products have already, by the anticipation common to all commercial 



THE NORTHWEST TERRITORY. 



91 



nations, set the wheels in motion, and will relieve us from the perils sa 
long shadowing our efforts to return to a healthy tone. 

Manufacturing has attained in the chief cities a foothold which bids 
fair to render the Northwest independent of the outside world. Nearly 




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our whole region has a distribution of coal measures which will in time 
support the manufactures necessary to our comfort and prosperity. As 
to transportation, the chief factor in the production of all articles except 
food, no section is so mas^nificently endowed, and our facilities are yearly 
increasing beyond those of any other region. 



92 THE NORTHWEST TERRITORY. 

The period from a central point of the ^A ar to the outbreak of the 
panic was marked hy a tremendous growth in our railway lines, but the 
depression of the times caused almost a total suspension of operations. 
Now that prosperity is returning to our stricken country we witness its 
anticipation by the railroad interest in a series of projects, extensions, 
and leases whicli bid fair to largely increase our transportation facilities. 
The process of foreclosure and sale of incumbered lines is another matter 
to be considered. In the case of the Illinois Central road, which formerly 
transferred to other lines at Cairo the vast burden of freight destined for 
the Gulf region, we now see the incorporation of the tracks connecting 
through to New Orleans, every mile co-operating in turning toward the 
northwestern metropolis the weight of the inter-state commerce of a 
thousand miles or more of fertile plantations. Three competing routes 
to Texas have established in Chicago their general freight and passenger 
agencies. Four or five lines compete for all Pacific freights to a point as 
as far as the interior of Nebraska. Half a dozen or more splendid bridge 
structures have been thrown across the Missouri and Mississippi Rivers by 
the railways. The Chicago and Northwestern line has become an aggre-, 
gation of over two thousand miles of rail, and the Chicago, Milwaukee 
and St. Paul is its close rival in extent and importance. The three lines 
running to Cairo via Vincennes form a through route for all traffic with 
the states to the southward. The chief projects now under discussion 
are the Chicago and Atlantic, which is to unite with lines now built to 
Charleston, and the Chicago and Canada Southern, which line will con- 
nect with all the various branches of that Canadian enterprise. Our 
latest new road is the Chicago and Lake Huron, formed of three lines, 
and entering the city from Valparaiso on the Pittsburgh, Fort Wayne 
and Chicago track. The trunk lines being mainly in operation, the 
progress made in the way of shortening tracks, making air-line branches, 
and running extensions does not show to the advantage it deserves, as 
this process is constantly adding new facilities to the established order 
of things. The panic reduced the price of steel to a point where the 
railways could hardly afford to use iron rails, and all our northwestern 
lines report large relays of Bessemer track. The immense crops now 
being moved have given a great rise to the value of railway stocks, and 
their transportation must result in heavy pecuniary advantages. 

Few are aware of the importance of the wholesale and jobbing trade 
of Chicago. One leading firm has since the panic sold $2-4:,000,000 of 
dry goods in one year, and they now expect most confidently to add 
seventy per cent, to the figures of their last year's business. In boots 
and shoes and in clothing, twenty or more great firms from the east have 
placed here their distributing agents or their factories j and in groceries 



THE NORTHWEST TERRITORY. 



93 



Chicago supplies the entire Northwest at rates presenting advantages 
over New York. 

Chicago has stepped in between New York and the rural banks as a 
financial center, and scarcely a banking institution in the grain or cattle 
regions but keeps its reserve funds in the vaults of our commercial insti- 
tutions. Accumulating here throughout the spring and summer months, 
they are summoned home at pleasure to move the products of the 
prairies. This process greatly strengthens the northwest in its financial 
operations, leaving home capital to supplement local Generations on 
behalf of home interests. * 

It is impossible to forecast th'- destiny of this grand and growing 
section of the Union. Figures and predictions made at this date might 
seem ten years hence so ludicrously small as to excite only derision. 




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HISTORY OF THE NORTHWEST. 



95 



CHICAGO. 

It is impossible in our brief space to give more than a meager sketch 
of such a city as Chicago, which is in itself the greatest marvel of the 
Prairie State. This mysterious, majestic, mighty city, born first of water, 
and next of fire ; sown in weakness, and raised in power ; planted among 
the willows of the marsh, and crowned with the glory of the mountains ; 
sleeping on the bosom of the prairie, and rocked on the bosom of the sea , 




CHICAGO IN I800. 



the youngest city of the •world, and still the eye of the prairie, as Damas- 
cus, the oklest city of the ■world, is the eye of the desert. With a com- 
merce far exceeding that of Corinth on her isthmus, in the highway to 
the East ; with the defenses of a continent piled around her by the thou- 
sand miles, making her far safer than Rome on the banks of the Tiber ; 



96 HISTORY OF THE NORTHWEST. 

with schools eclipsing Alexandria and Athens : with liberties more con- 
spicuous than those of the old republics ; with a heroism equal to the firsfc 
Carthage, and with a sanctity scarcely second to that of Jerusalem — set 
your thoughts on all this, lifted into the eyes of all men by the miracle of 
its growth, illuminated by the flame of its fall, and transfigured by the 
divinity of its resurrection, and you will feel, as I do, the utter impossi- 
bility of compassing this subject as it deserves. Some impression of her 
importance is received from the shock her burning gave to the civilized 
world. 

When the doubt of her calamity was removed, and the horrid fact 
was accepted, there went a shudder over all cities, and a quiver over all 
lands. There was scarcely a town in the civilized world that did not 
shake on the brink of this opening chasm. The flames of our homes red- 
dened all skies. The city was set upon a hill, and could not be hid. All 
eyes were turned upon it. To have struggled and suffered amid the 
scenes of its fall is as distinguishing as to have fought at Thermopylae, or 
Salamis, or Hastings, or Waterloo, or Bunker Hill. 

Its calamity amazed the world, because it was felt to be the common 
property of mankind. 

The early history of the city is full of interest, just as the early his- 
tory of such a man as Washington or Lincoln becomes public property^ 
and is cherished by every patriot. 

Starting with 560 acres in 1833, it embraced and occupied 23,000 
acres in 1869, and, having now a population of more than 500,000, it com- 
mands general attention. 

The first settler — Jean Baptiste Pointe au Sable, a mulatto from the 
West Indies — came and began trade with the Indians in 1796. John 
Kinzie became his successor in 1801, in which year Fort Dearborn was 
erected. 

A mere trading-post was kept here from that time till about the time 
of the Blackhawk war, in 1832. It was not the city. It was merely a» 
cock crowing at midnight. The morning was not yet. In 1833 the set- 
tlement about the fort was incorporated as a town. The voters were 
divided on the propriety of such corporation, twelve voting for it and one 
against it. Four years later it was incorporated as a city, and embraced 
660 acres. 

The produce handled in this city is an indication of its power. Grain, 
and flour were imported from the East till as late as 1837. The first 
exportation by way of experiment was in 1839. Exports exceeded imports 
first in 1842. The Board of Trade was organized in 1848, but it was so 
weak that it needed nursing till 1855. Grain was purchased by the 
wagon-load in the street. 

I remember sitting with my father on a load of wheat, in the long 



HISTORY OF THE NORTHWEST. 97 

line of wagons along Lake street, while the buyers came and untied the 
bags, and examined the grain, and made their bids. That manner of 
business had to cease with the day of small things. Now our elevators 
will hold 15,000,000 bushels of grain. The cash value of the produce 
handled in a year is 8215,000,000, and the produce weighs 7,000,000 
tons or 700,000 car loads. This handles thirteen and a half ton each 
minute, all the year round. One tenth of all the wheat in the United 
States is handled in Chicago. Even as long ago as 1853 the receipts of 
grain in Chicago exceeded those of the goodly city of St. Louis, and in 
1854 the exports of grain from Chicago exceeded those of New York and 
doubled those of St. Petersburg, Archangel, or Odessa, the largest grain 
markets in Europe. 

The manufacturing interests of the city are not contemptible. In 
1873 manufactories employed 45,000 operatives ; in 1876,60,000. The 
manufactured product in 1875 was worth §177,000,000. 

No estimate of the size and power of Chicago would be adequate 
that did not put large emphasis on the railroads. Before they came 
thundering along our streets canals were the hope of our country. But 
who ever thinks now of traveling by canal packets ? In June, 1852, 
there were only forty miles of railroad connected with the city. The 
old Galena division of the Northwestern ran out to Elgin. But now, 
who can count the trains and measure the roads that seek a terminus or 
connection in this city ? The lake stretches away to the north, gathering 
in to this center all the harvests that might otherwise pass to the north 
of us. If you will take a map and look at the adjustment of railroads, 
you will see, first, that Chicago is the great railroad center of the world, 
as New York is the commercial city of this continent ; and, second, that 
the railroad lines form the iron spokes of a great wheel whose hub is 
this city. The lake furnishes the only break in the spokes, and this 
seems simply to have pushed a few spokes together on each shore. See 
the eighteen trunk lines, exclusive of eastern connections. 

Pass round the circle, and view their numbers and extent. There 
is the great Northwestern, with all its branches, one branch creeping 
along the lake shore, and so reaching to the north, into the Lake Superior 
regions, away to the right, and on to the Northern Pacific on the lett, 
swinging around Green Bay for iron and copper and silver, twelve months 
in the year, and reaching out for the wealth of the great agricultural 
belt and isothermal line traversed by the Northern Pacific. Another 
branch, not so far north, feeling for the heart of the Badger State. 
Another pushing lower down the Mississippi — all these make many con- 
nections, and tapping all the vast wheat regions of Minnesota, Wisconsin, 
Iowa, and all the regions this side of sunset. There is that elegant road, 
the Chicago, Burlington & Quincy, running out a goodly number of 



98 



HISTORY OF THE NORTHWEST. 




OLD FORT DEARBORN, 1830. 




PRESENT SITE OF LAKE STREET BRIDGE, CHICAGO, IN 1833. 



HISTORY OF THE NORTHWEST. 99 

branches, and reaping the great fields this side of the Missouri River. 
I can only mention the Chicago, Alton & St. Louis, our Illinois Central, 
described elsewhere, and the Chicago & Rock Island. Further around 
we come to the lines connecting us with all the eastern cities. The 
Chicago, Indianapolis & St. Louis, the Pittsburgh, Fort Wayne & 
Chicago, the Lake Shore & Michigan Southern, and the Michigan Cen- 
tral and Great Western, give us many highways to the seaboard. Thus we 
reach the Mississippi at five points, from St. Paul to Cairo and the Gulf 
itself by two routes. We also reach Cincinnati and Baltimore, and Pitts- 
burgh and Philadelphia, and New York. North and south run the water 
courses of the lakes and the rivers, broken just enough at this point to 
make a pass. Through this, from east to west, run the long lines that 
stretch from ocean to ocean. 

This is the neck of the glass, and the golden sands of commerce 
must pass into our hands. Altogether we have more than 10,000 miles 
of railroad, directly tributary to this city, seeking to unload their wealth 
in our coffers. All these roads have come themselves by the infallible 
instinct of capital. Not a dollar was ever given by the city to secure 
one of them, and only a small per cent, of stock taken originally by her 
citizens, and that taken simply as an investment. Coming in the natural 
order of events, they will not be easily diverted. 

There is still another showing to ail this. The connection between 
New York and San Francisco is by the middle route. This passes inevit- 
ably through Chicago. St. Louis wants the Southern Pacific or Kansas 
Pacific, and pushes it out through Denver, and so on up to Cheyenne. 
But before the road is fairly under way, the Chicago roads shove out to 
Kansas City, making even the Kansas Pacific a feeder, and actually leav- 
ing St. Louis out in the cold. It is not too much to expect that Dakota, 
Montana, and Washington Territory will find their great market in Chi- 
cago. 

But these are not all. Perhaps I had better notice here the ten or 
fifteen new roads that have just entered, or are ,just entering, our city. 
Their names are all that is necessary to give. Chicago & St. Paul, look- 
ing up the Red River country to the British possessions ; the Chicago, 
Atlantic & Pacific ; the Chicago, Decatur & State Line ; the Baltimore & 
Ohio; the Chicago, Danville & Vincennes; the Chicago & LaSalle Rail- 
road ; the Chicago, Pittsburgh & Cincinnati : the Chicago and Canada 
Southern ; the Chicago and Illinois River Railroad. These, with their 
connections, and with the new connections of the old roads, already in 
process of erection, give to Chicago not less than 10,000 miles of new 
tributaries from the richest land on the continent. Thus there will be 
added to the reserve power, to the capital within reach of this city, not 
less than $1,000,000,000. 



100 HISTORY OF THE NORTHWEST. 

Add to all this transporting power the ships that sail one every nine 
minutes of the business hours of the season of navigation ; add, also, the 
canal boats that leave one every five minutes during the same time — and 
you will see something of the business of the city. 

THE COMMERCE OF THIS CITY 

has been leaping along to keep pace with the growth of the country 
around us. In 1852, our commerce reached the hopeful sum of 
120,000,000. In 1870 it reached $400,000,000. In 1871 it was pushed 
up above $450,000,000. And in 1875 it touched nearly double that. 

One-half of our imported goods come directly to Chicago. Grain 
enough is exported directly from our docks to the old world to employ a 
semi-weekl}^ line of steamers of 3,000 tons capacity. This branch ia 
not likely to be greatly developed. Even after the great Welland Canal 
is completed we shall have only fourteen feet of water. The great ocean 
vessels will continue to control the trade. 

The banking capital of Chicago is $24,431,000. Total exchange in 
1875, $659,000,000. Her wholesale business in 1875 was $294,000,000. 
The rate of taxes is less than in an}^ other great city. 

The schools of Chicago are unsurjDassed in America. Out of a popu- 
lation of 300,000 there were only 186 persons between the ages of six 
aiid twenty-one unable to read. This is the best known record. 

In 1831 the mail system was condensed into a half-breed, who went 
on foot to Niles, Mich., once in two weeks, and brought back what papers 
and news he could find. As late as 1846 there was often only one mail 
a week. A post-office was established in Chicago in 1833, and the post- 
master nailed, up old boot-legs on one side of his shop to serve as boxes 
for the nabobs and literary men. 

It is an interesting fact in the growth of the young city that in the 
active life of the business men of that day the mail matter has grown to 
a daily average of over 6,500 pounds. It speaks equally well for the 
intelligence of the people and the commercial importance of the place, 
that the mail matter distributed to the territory immediately tributary to 
Chicago is seven times greater than that distributed to the territory 
immediately tributary to St. Louis. 

The improvements that have characterized the city are as startling 
as the city itself. In 1831, Mark Beaubien established a ferry over the 
river, and put himself under bonds to carry all the citizens free for the 
privilege of charging strangers. Now there are twenty-four large bridf es 
and two tunnels. 

In 1833 the government expended $30,000 on the harbor. Then 
commenced that series of manoeuvers with the river that has made it one 



HISTOKY OF THE KORTHWEST. 101 

of the world's curiosities. It used to wind around in the lower end of 
the town, and make its way rippling over the sand into the lake at the 
foot of Madison street. Tliey took it up and put it down where it now 
is. It was a narrow stream, so narrow that even moderately small crafts 
had to go up through the willows and cat's tails to the point near Lake 
street bridge, and back up one of the branches to get room enough in 
which to turn around. 

In 1844 the quagmires in the streets were first pontooned by plank 
roads, which acted in wet weather as public squirt-guns. Keeping yon 
out of the mud, they compromised by squirting the mud over you. The 
wooden-block pavements came to Chicago in 1857. In 1840 water was 
delivered by peddlers in carts or by hand. Then a twenty-five horse- 
power engine pushed it through hollow or bored logs along the streets 
till 1854, when it was introduced into the houses by new works. The 
first fire-engine was used in 1835, and the first steam fire-engine in 1859. 
Gas was utilized for lighting the city in 1850. The Young Men's Chris- 
tian Association was organized in 1858, and horse railroads carried them 
to their work in 1859. The museum was opened in 1863. The alarm 
telegraph adopted in 1864. The opera-house built in 1865. The city 
grew from 560 acres in 1833 to 23,000 in 1869. In 1834, the taxes 
amounted to 148.90, and the trustees of the town borrowed $60 more for 
opening and improving streets. In 1835, the legislature authorized a loan 
of $2,000, and the treasurer and street commissioners resigned rather than 
plunge the town into such a gulf. 

Now the city embraces 36 square miles of territory, and has 30 miles 
of water front, besides the outside harbor of refuge, of 400 acres, inclosed 
by a crib sea-wall. One-third of the city has been raised up an average 
of eight feet, giving good pitch to the 263 miles of sewerage. The water 
of the city is above all competition. It is received through two tunnels 
extending to a crib in the lake two miles from shore. The closest analy- 
sis fails to detect any impurities, and, received 35 feet below the surface, 
it is always clear and cold. The first tunnel is five feet two inches in 
diameter and two miles long, and can deliver 50,000,000 of gallons per 
day. The second tunnel is seven feet in diameter and six miles long, 
running four miles under the city, and can deliver 100,000,000 of gal- 
lons per day. This water is distributed through 410 miles of water- 
mains. 

The three grand engineering exploits of the city are : First, lifting 
the city up on jack-screws, whole squares at a time, without interrupting 
the business, thus giving us good drainage ; second, running the tunnels 
under the lake, giving us the best water in the world ; and third, the 
turning the current of the river in its own channel, delivering us from the 
old abominations, and making decency possible. They redound about 



102 HISTORY OF THE NORTHWEST. 

equally to the credit of the engineering, to the energy of the people, and 
to the healtli of the city. 

That wliich really constitutes the city, its indescribable spirit, its soul, 
the way it lights up in every feature in the hour of action, has not been 
touched. In meeting strangers, one is often surprised how some homely 
women marry so well. Their forms are bad, their gait uneven and awk- 
ward, their complexion is dull, their features are misshapen and mismatch- 
ed, and when we see them there is no beauty that we should desire them. 
But when once they are aroused on some subject, they put on new pro- 
portions. They light up into great power. The real person comes out 
from its unseemly ambush, and captures us at will. They have power. 
They have ability to cause things to come to pass. We no longer wonder 
why they are in such high demand. So it is with our city. 

There is no grand scenery except the two seas, one of water, the 
other of prairie. Nevertheless, there is a spirit about it, a push, a breadth, 
a power, that soon makes it a place never to be forsaken. One soon 
ceases to believe in impossibilities. Balaams are the only prophets that are 
disappointed. The bottom that has been on the point of falling out has 
been there so long that it has grown fast. It can not fall out. It has all 
the capital of the world itching to get inside the corporation. 

The two great laws that govern the growth and size of cities are, 
first, the amount of territory for which they are the distributing and 
receiving points ; second, the number of medium or moderate dealers that 
do this distributing. Monopolists build up themselves, not the cities. 
They neither eat, wear, nor live in proportion to their business. Both 
these laws help Chicago. 

The tide of trade is eastward — not up or down the map, but across 
the map. The lake runs up a wingdam for 500 miles to gather in the 
business. Commerce can not ferry up there for seven months in the year, 
and the facilities for seven months can do the work for twelve. Then the 
great region west of us is nearly all good, productive land. Dropping 
south into the trail of St. Louis, you fall into vast deserts and rocky dis- 
tricts, useful in holding the world together. St. Louis and Cincinnati, 
instead of rivaling and hurting Chicago, are her greatest sureties of 
dominion. They are far enough away to give sea-room, — farther off than 
Paris is from London, — and yet they are near enough to prevent the 
springing up of any other great city between them. 

St. Louis will be helped by the opening of the Mississippi, but also 
hurt. That will put New Orleans on her feet, and with a railroad running 
over into Texas and so West, she will tap the streams that now crawl up 
the Texas and Missouri road. The current is East, not North, and a sea- 
port at New Orleans can not permanently help St. Louis. 

Chicago is in the field almost alone, to handle the wealth of one- 



^ 



HISTORY OF THE NORTHWEST. 103 

fourth of the territoiy of this great republic. Tliis strip of seacoast 
divides its margins between Portland, Boston, New York, Philadelphia, 
Baltimore and Savannah, or some other great port to be created for the 
South in the next decade. But Chicago has a dozen empires casting their 
treasures into her lap. On a bed of coal that can run all the machinery 
of the world for 500 centuries ; in a garden that can feed the race by the 
thousand years; at the head of the lakes that give her a temperature as a 
summer resort equaled by no great city in the land ; with a climate that 
insures the health of her citizens ; surrounded by all the great deposits 
of natural wealth in mines aud forests and herds, Chicago is the wonder 
of to-day, and will be the city of the future. 

MASSACRE AT FORT DEARBORN. 

During the war of 1812, Fort Dearborn became the theater of stirring 
<9vents. The garrison consisted of fifty-four men under command of 
Captain Nathan Heald, assisted by Lieutenant Helm (son-in-law of Mrs. 
Kinzie) and Ensign Ronan. Dr. Voorhees was surgeon. The onl}^ resi- 
dents at the post at that time were the wives of Captain Heald and Lieu- 
tenant Helm, and a few of the soldiers, Mr. Kinzie and his family, and 
a few Canadian voyageurs, with their wives and cliildren. The soldiers 
and Mr. Kinzie were on most friendly terms with the Pottawattamies 
and Winnebagos, the principal tribes around them, but they could not 
win them from their attachment to the British. 

One evening in April, 1812, Mr. Kinzie sat playing on his violin and 
his children were dancing to the music, when Mrs. Kinzie came rushing 
into the house, pale with terror, and exclaiming : " The Indians ! the 
Indians!" "What? Where?" eagerly inquired Mr. Kinzie. "Up 
at Lee's, killing and scalping," answered the frightened mother, who, 
when the alarm was given, was attending Mrs. Barnes (just confined) 
living not far off. Mr. Kinzie and his family crossed the river and took 
refuge in the fort, to which place Mrs. Barnes and her infant not a day 
old were safely conveyed. The rest of the inhabitants took shelter in the 
fort. This alarm was caused by a scalping party of Winnebagos, who 
hovered about the fort several days, when they disappeared, and for several 
weeks the inhabitants were undisturbed. 

On the 7th of August, 1812, General Hull, at Detroit, sent orders to 
Captain Heald to evacuate Fort Dearborn, and to distribute all the United 
States property to the Indians in the neighborhood — a most insane order. 
The Pottawattamie chief, who brought the dispatch, had more wisdom 
than the commanding general. He advised Captain Heald not to make 
the distribution. Said he : " Leave the fort and stores as they are, and 
let the Indians make distribution for themselves ; and while they are 
engaged in the business, the white people may escape to Fort Wayne." 




-r. 



HISTORY OF THE KOKTHWEST. 105 

Captain Heald held a council with the Indians on the afternoon of 
the 12th, in which his officers refused to join, for they had been informed 
that treachery was designed — ^that the Indians intended to murder the 
white people in the council, and then destroy those in the fort. Captain 
Heald, however, took the precaution to open a port-hole displaying a 
cannon pointing directly upon the council, and by that means saved 
his life. 

Mr. Kinzie, who knew the Indians well, begged Captain Heald not 
to confide in their promises, nor distribute the arms and munitions among 
them, for it would only put power into their hands to destroy the whites. 
Acting upon this advice, Heald resolved to withhold the munitions of 
war ; and on the night of the 13th, after the distribution of the other 
property had been made, the powder, ball and liquors were thrown into 
the river, the muskets broken up and destroyed. 

Black Partridge, a friendly chief, came to Captain Heald, and said : 
" Linden birds have been singing in my ears to-day: be careful on the 
march you are going to take." On that dark night vigilant Indians had 
crept near the fort and discovered the destruction of their promised booty 
going on within. The next morning the powder was seen floating on the 
surface of the river. The savages were exasperated and made loud com- 
plaints and threats. 

On the following day when preparations were making to leave the 
fort, and all the inmates were deeply impressed with a sense of impend- 
ing danger, Capt. Wells, an uncle of Mrs. Heald, was discovered upon 
the Indian trail among the sand-hills on the borders of the lake, not far 
distant, with a band of mounted Miamis, of whose tribe he was chief, 
having been adopted by the famous Miami warrior, Little Turtle. When 
news of Hull's surrender reached Fort Wayne, he had started with this 
force to assist Heald in defending Fort Dearborn. He was too late. 
Every means for its defense had been destroyed the night before, and 
arrangements were made for leaving the fort on the morning of the loth. 

It was a warm bright morning in the middle of August. Indications 
were positive that the savages intended to murder the white people ; and 
when they moved out of the southern gate of the fort, the march was 
like a funeral procession. The band, feeling the solemnity of the occa- 
sion, struck up the Dead March in Saul. 

Capt. Wells, who had blackened his face with gun-powder in token 
of liis fate, took the lead with his band of Miamis, followed by Capt. 
Heald, with his wife by his side on horseback. Mr. Kinzie hoped by his 
personal influence to avert the impending blow, and therefore accompanied 
them, leaving his family in a boat in charge of a friendly Indian, to be 
taken to his trading station at the site of Niles, Michigan, in the event of 
his death. 



106 



HISTORY OF THE NORTHWEST. 




HISTORY OF THE NORTJIWEST. 107 

The procession moved slowly along the lake shore till they reached 
the sand-hills between the prairie and the beach, when the Pottawattamie 
escort, under the leadership of Blackbird, filed to the right, placing those 
hills between them and the white people. Wells, with his Miamis, had 
kept in the advance. They suddenly came rushing back. Wells exclaim- 
ing, " They are about to attack us ; form instantly." These words were 
quickly followed by a storm of bullets, which came whistling over the 
little hills which the treacherous savages had made the covert for their 
murderous attack. The white troops charged upon the Indians, drove 
them back to the prairie, and then the battle was waged between fifty- 
four soldiers, twelve civilians and tliree or four women (the cowardly 
Miamis having fled at the outset) against five hundred Indian warriors. 
The white people, hopeless, resolved to sell their lives as dearly as possible. 
Ensign Ronan wielded his weapon vigorously, even after falling upon his 
knees weak from the loss of blood. Capt. Wells, who was by the side of 
his niece, Mrs. Heald, when the conflict began, behaved with the greatest 
coolness and courage. He said to her, " We have not the slightest chance 
for life. We must part to meet no more in this world. God bless you." 
And then he dashed forward. Seeing a young warrior, painted like a 
demon, climb into a wagon in which were twelve children, and tomahawk 
them all, he cried out, unmindful of his personal danger, " If that is your 
game, butchering women and children, I will kill too." He spurred his 
horse towards the Indian camp, where they had left their squaws and 
papooses, hotly pursued by swift-footed young warriors, w*ho sent bullets 
whistling after him. One of these killed his horse and wounded him 
severely in the leg. With a yell the young braves rushed to make him 
their prisoner and reserve him for torture. He resolved not to be made 
a captive, and by the use of the most provoking epithets tried to induce 
them to kill him instantly. He called a fiery young chief a squaiv, when 
the enraged warrior killed Wells instantly with his tomahaAvk, jumped 
upon his body, cut out his heart, and ate a portion of the warm morsel 
with savage delight ! 

In this fearful combat women bore a conspicuous part. Mrs. Heald 
was an excellent equestrian and an expert in the use of the rifle. She 
fought the savages bravely, receiving several severe wounds. Though 
faint from the loss of blood, she managed to keep her saddle. A savage 
raised his tomahawk to kill her, when she looked him full in the face, 
and with a sweet smile and in a gentle voice said, in his own language, 
"Surely you will not kill a squaw!" The arm of the savage fell, and 
the life of the heroic woman was saved. 

Mrs. Helm, the step-daughter of Mr. Kinzie, had an encounter with 
a stout Indian, who attempted to tomahawk her. Springing to one side, 
she received the glancing blow on her shoulder, and at the same instant 



108 HISTORY OF THE NORTHWEST. 

seized the savage round the neck with her arms and endeavored to get 
hold of his scalping knife, which hung in a sheath at his breast. While 
she was thus struggling she was dragged from iier antagonist by anc ':her 
powerful Indian, who bore her, in spite of her struggles, to the margin 
of the lake and plunged her in. To her astonishment she was held by 
him so that she would not drown, and slie soon perceived that she was 
in the hands of the friendly Black Partridge, who had saved her life. 

The wife of Sergeant Holt, a large and powerful woman, behaved as 
bravely as an Amazon. Slie rode a fine, high-spirited horse, which the 
Indians coveted, and several of them attacked her with the butts of their 
guns, for the purpose of dismounting her ; but she used the sword which 
she had snatched from her disabled husband so skillfully that she foiled 
them ; and, suddenly wheeling her horse, she dashed over the prairie, 
followed by the savages shouting, " The brave woman ! the brave woman ! 
Don't hurt her ! '' They finally overtook her, and while she was fighting 
them in front, a powerful savage came up behind her, seized her by the 
neck and dragged her to the ground. Horse and woman were made 
captives. Mrs. Holt was a long time a captive among the Indians, but 
was afterwards ransomed. 

In this sharp conflict two-thirds of the white people were slain and 
wounded, and all their horses, baggage and provision were lost. Only 
twenty-eight straggling men now remained to fight five hundred Indians 
rendered furious by the sight of blood. They succeeded in breaking 
through the ranks of the murderers and gaining a slight eminence on the 
prairie near the Oak Woods. The Indians did not pursue, but gathered 
on their flanks, while the chiefs held a consultation on the sand-hills, and 
showed signs of willingness to parley. It would have been madness on 
the part of the whites to renew the fight ; and so Capt. Heald went for- 
ward and met Blackbird on the open prairie, where terms of surrender 
were soon agreed upon. It was arranged that the white people should 
give up their arms to Blackbird, and that the survivors should become 
prisoners of war, to be exchanged for ransoms as soon as practicable, 
With this understanding captives and captors started for the Indian 
camp near the fort, to which Mrs. Helm had been taken bleeding and 
suffering by Black Partridge, and had met her step-father and learned 
that her husband was safe. 

A new scene of horror was now opened at the Indian camp. The 
wounded, not being included in' the terms of surrender, as it was inter- 
preted by the Indians, and the British general. Proctor, having offered a 
liberal bounty for American scalps, delivered at Maiden, nearly all the 
wounded men were killed and scalped, and the price of the trophies was 
afterwards paid by the British government. 



THE STATE OP IOWA. 



GEOGRAPHICAL SITUATION. 

The State of Iowa has an outline figure nearly approaching that of a rec- 
tangular parallelogram, the northern and southern boundaries being nearly due 
east and west lines, and its eastern and western boundaries determined by 
southerly flowing rivers — the Mississippi on the east, and the Missouri, together 
with its tributary, the Big Sioux, on the west. The northern boundary is upon 
the parallel of forty-three degrees thirty minutes, and the southern is approxi- 
mately upon that of forty degrees and thirty-six minutes. The distance from 
the northern to the southern boundary, excluding the small prominent angle at 
the southeast corner, is a little more than two hundred miles. Owing to the 
irregularity of the river boundaries, however, the number of square miles does 
not reach that of the multiple of these numbers ; but according to a report of 
the Secretary of the Treasury to the United States Senate, March 12, 1863, 
the State of Iowa contains 35,228,200 acres, or 55,044 square miles. When it 
is understood that all this vast extent of surface, except that which is occupied 
by our rivers, lakes and peat beds of the northern counties, is susceptible of the 
highest cultivation, some idea may be formed of the immense agricultural 
resources of the State. Iowa is nearly as large as England, and twice as large 
as Scotland ; but when we consider the relative area of surface which may be 
made to yield to the wants of man, those countries of the Old World will bear 
no comparison with Iowa. 

TOPOGRAPHY. 

No complete topographical survey of the State of Iowa has yet been made. 
Therefore all the knowledge we have yet upon the subject has been obtained 
from incidental observations of geological corps, from barometrical observations 
by authority of the General Government, and levelings done by railroad en- 
gineer corps within the State. 

Taking into view the facts that the highest point in the State is but a little 
more than twelve hundred feet above the lowest point, that these two points are 
nearly three hundred miles apart, and that the whole State is traversed by 

100 



110 HISTORY OF THE STATE OF IOWA. 



o 



gently flowing rivers, it will be seen that in reality the State of Iowa rests 
wholly within, and comprises a part of, a vast plain, with no mountain or hill 
ranges within its borders. 

A clearer idea of the great uniformity of the surface of the State may be 
obtained from a statement of the general slopes in feet per mile, from point to 
point, in straight lines across it : 

From the N. E. corner to the S. E. corner of the State 1 foot 1 inch per mile. 

From the N. E. corner to Spirit Lake 5 feet 5 inches per mile. 

From the N. W. corner to Spirit Lake 5 feetO inches per mile. 

From the N. W. corner to the S. W. corner of the State 2 feet inches per mile. 

From the S. W corner to the highest ridge between the two 

great rivers (in Ringgold County) 4 feet 1 inch per mile 

From the dividing ridge in the S. E. corner of the State 5 feet 7 inches per mile. 

From the highest point in the State (near Spirit Lake) to the 
lowest point in the State (at the mouth of Des Moines 
River) 4 feet inches per mile. 

It will be seen, therefore, that there is a good degree of propriety in regard- 
ing the whole State as a part of a great plain, the lowest point of which within 
its borders, the southeast corner of the State, is only 444 feet above the level of 
the sea. The average height of the whole State above the level of the sea is 
not far from eight hundred feet, although it is more than a thousand miles 
inland from the nearest sea coast. These remarks are, of course, to be under- 
stood as applying to the surface of the State as a whole. When we come to 
consider its surface feature in detail, we find a great diversity of surface by the 
formation of valleys out of the general level, which have been evolved by the 
action of streams during the unnumbered years of the terrace epoch. 

It is in the northeastern part of the State that the river valleys are deepest ; 
consequently the country there has the greatest diversity of surface, and its 
physical features are most strongly marked. 

DRAINAGE SYSTEM. 

The Mississippi and Missouri Rivers form the eastern and western bounda- 
ries of the State, and receive the eastern and western drainage of it. 

The eastern drainage system comprises not far from two-thirds of the en- 
tire surface of the State. The great watershed which divides these two systems 
is formed by the highest land between those rivers along the whole length of a 
line running southward from a point on the northern boundary line of the State 
near Spirit Lake, in Dickinson County, to a nearly central point in the northern 
part of Adair County. 

From the last named point, this highest ridge of land, between the two great 
rivers, continues southward, without change of character, through Ringgold 
County into the State of Missouri ; but southward from that point, in Adair 
County, it is no longer the great watershed. From that point, another and 
lower ridge bears off more nearly southeastward, through the counties of Madi- 
son, Clarke, Lucas and Appanoose, and becomes itself the great watershed. 



HISTORY OF THE STATE OF IOWA. Ill 

RIVERS. 

All streams that rise in Iowa rise upon the incoherent surface deposits, 
occupying at first only slight depressions in the surface, and scarcely percept- 
ible. These successively coalesce to form the streams. 

The drift and bluff deposits are both so thick in Iowa that its streams not 
only rise upon their surface, but they also reach considerable depth into these 
deposits alone, in some cases to a depth of nearly two hundred feet from the 
general prairie level. 

The majority of streams that constitute the western system of Iowa drainage 
run, either along the whole or a part of their course, upon that peculir deposit 
known as bluff deposit. Their banks are often, even of the small streams, 
from five to ten feet in height, quite perpendicular, so that they make the 
streams almost everywhere unfordable, and a great impediment to travel across 
the open country where there are no bridges. 

The material of this deposit is of a slightly yellowish ash color, except 
where darkened by decaying vegetation, very fine and silicious, but not sandy, 
not very cohesive, and not at all plastic. It forms excellent soil, and does not 
bake or crack in drying, except limy concretions, which are generally dis- 
tributed throughout the mass, in shape and size resembling pebbles ; not a - 
stone or pebble can be found in the whole deposit. If was called " silicious 
marl" by Dr. Owen, in his geological report to the General Government, and 
its origin referred to an accumulation of sediment in an ancient lake, which 
was afterward drained, when its sediment became dry land. Prof. Swallaw 
gives it the name of " bluff," which is here adopted ; the term Lacustral would 
have been better. The peculiar properties of this deposit are that it will stand 
securely with a precipitous front two hundred feet high, and yet is easily 
excavated with a spade. Wells dug in it require only to be Availed to a point just 
above the water line. Yet, compact as it is, it is very porous, so that water 
which falls on its surface does not remain, but percolates through it; neither 
docs it accumulate within its mass, as it does upon the surface of and within 
the drift and the stratified formations. 

The bluff deposit is known to occupy a region through which the Missouri 
runs almost centrally, and measures, as far as is known, more than two hun- 
dred miles in length and nearly one hundred miles in width. The thickest 
part yet known in Iowa is in Fremont County, where it reaches two hundred 
feet. The boundaries of this deposit in Iowa are nearly as follows : Com- 
mencing at the southeast corner of Fremont County, follow up the watershed 
between the East Nishnabotany and the West Tarkio Rivers to the southern 
boundary of Cass County ; thence to the center of Audubon County ; thence 
to Tip Top Station, on the Chicago & Northwestern Railway ; thence by a 
broad curve westward to the northwest corner of Plymouth County. 

This deposit is composed of fine sedimentary particles, similar to that 
which the Missouri River now deposits from its waters, and is the same which 



112 HISTORY OF THE STATE OF IOWA. 

'that river did deposit in a broad depression in the surface of the drift that 
formed a lake-like expansion of that river in the earliest period of the history 
of its valley. That lake, as shown by its deposit, which now remains, was 
about one hundred miles wide and more than twice as long. The water of the 
river was muddy then, as now, and the broad lake became filled with the sedi- 
ment which the river brought down, before its valley had enough in the lower 
portion of its course to drain it. After the lake became filled with the sedi- 
ment, the valley below became deepened by the constant erosive action of the 
waters, to a depth of more than sufficient to have drained the lake of its first 
waters ; but the only effect then was to cause it to cut its valley out of the de- 
posits its own muddy waters had formed. Thus along the valley of that river, 
so far as it forms the western boundary of Iowa, the bluffs which border it are 
composed of that sediment known as bluif deposit, forming a distinct border 
aloncr the broad, level flood plain, the width of which varies from five to fifteen 
miles, while the original sedimentary deposit stretches far inland. 

All the rivers of the western system of drainage, except the Missouri itself, 
are quite incomplete as rivers, in consequence of their being really only 
branches of other larger tributaries of that great river , or, if they empty into 
the Missouri direct, they have yet all the usual characteristics of Iowa rivers, 
from their sources to iheir mouths. 

Qhariton and Crrand Rivers both rise and run for the first twentv-five miles 
of their courses upon the drift deposit alone. The first strata that are exposed 
by the deepening valleys of both these streams belong to the upper coal meas- 
ures, and they both continue upon the same formation until they make their 
exit from the State (the former in Appanoose County, the latter in Ringgold 
County), near the boundary of which they have passed nearly or quite through 
the whole of that formation to the middle coal measures. Their valleys gradu- 
ally deepen from their upper portions downward, so that within fifteen or twenty 
miles they have reached a depth of near a hundred and fifty feet below the gen- 
eral level of the adjacent high land. When the rivers have cut their valleys 
down through the series of limestone strata, they reach those of a clayey com- 
position. Upon these they widen their valleys and make broad flood plains 
(commonly termed "bottoms "), the soil of which is stiff and clayey, except 
where modified by sandy washings. 

A considerable breadth of woodland occupies the bottoms and valley sidrs 
along a great part of their length ; but their upper branches and tributaries ate 
mostly prairie streams. 

Platte River. — This river belongs mainly to Missouri. Its upper branches 
pass through Ringgold County, and, with the west fork of the Grand River, 
drain a large region of country. 

Here the drift deposit reaches its maximum thickness on an east and west 
line across the State, and the valleys are eroded in some instances to a depth nf 
two hundred feet, apparently, through this deposit alone. 



HISTORY OF THE STATE OF IOWA. 113 

The term " drift deposit " applies to the soil and sub-soil of the greater part 
of the State, and in it alone many of our wells are dug and our forests take 
root. It rests upon the stratified rocks. It is composed of clay, sand, gravel 
aud boulders, promiscuously intermixed, without stratification, varying in char- 
acter in different parts of the State. 

The proportion of lime in the drift of Iowa is so great that the water of all 
our wells and springs is too " hard " for washing purposes ; and the same sub- 
stance is so prevalent in the drift clays that they are always found to have suffi- 
cient flux when used for the manufacture of brick. 

One Hundred and Two River is represented in Taylor County, the valleys 
of which have the same general character of those just described. The country 
around and between the east and west forks of this stream is almost entirely 
prairie. 

Nodaway Rioer. — This stream is represented by east, middle and west 
branches. The two former rise in Adair County, the latter in Cass County. 
These rivers and valleys are fine examples of the small rivers and valleys of 
Southern Iowa. They have the general character of drift valleys, and with 
beautiful undulating and sloping sides. The Nodaways drain one of the finest 
agricultural regions in the State, the soil of which is tillable almost to their very 
banks. The banks and the adjacent narrow flood plains are almost everywhere 
composed of a rich, deep, dark loam. 

Nislinabotany River. — This river is represented by east and west branches, 
the former having its source in Anderson County, the latter in Shelby County. 
Both these branches, from their source to their confluence — and also the main 
stream, from thence to the point where it enters the great flood plain of the 
Missouri — run through a region the surface of which is occupied by the bluff 
deposit. The West Nishnabotany is probably without any valuable mill sites. 
In the western part of Cass County, the East Nishnabotany loses its identity 
by becoming abruptly divided up into five or six different creeks. A few 
good mill sites occur here on this stream. None, however, that are thought 
reliable exist on either of these rivers, or on the main stream below the 
confluence, except, perhaps, one or two in Montgomery County. The 
valleys of the two branches, and the intervening upland, possess remarkable 
fertility. 

Boyer River. — Until it enters the flood plain of the Missouri, the Boyer 
runs almost, if not quite, its entire course through the region occupied by the 
bluff deposit, and has cut its valley entirely through it along most of its pas- 
sage. The only rocks exposed are the upper coal measures, near Reed's mill, in 
Harrison County. The exposures are slight, and are the most northerly now 
known in Iowa. The valley of this river has usually gently sloping sides, and an 
ndistinctly defined flood plain. Along the lower half of its course the adjacent 
upland presents a surface of the billowy character, peculiar to the bluff deposit. 
The source of this river is in Sac County. 



114 HISTORY OF THE STATE OF IOWA. 

Soldier River, — The east and middle branches of this stream have their 
source in Crawford County, and the west branch in Ida County. The whole 
course of this river is through the bluff deposit. It has no exposure of strata 
along its course. 

Little Sioux River. — Under this head are included both the main and west 
branches of that stream, together with the Maple, which is one of its branches. 
The west branch and the Maple are so similar to the Soldier River that they 
need no separate description. The main stream has its boundary near the 
northern boundary of the State, and runs most of its course upon drift deposit 
alone, entering the region of the bluff deposit in the southern part of Cherokee 
County. The two principal upper branches, near their source in Dickinson 
and Osceola .Counties, are small prairie creeks, with indistinct valleys. On 
entering Clay County, the valley deepens, and at their confluence has a depth 
of one hundred feet, which still further increases until along the boundary line 
between Clay and Buena Vista Counties, it reaches a depth of two hundred 
feet. Just as the valley enters Cherokee County, it turns to the southward and 
becomes much widened, with its sides gently sloping to the uplands. When the 
valley enters the region of the bluff deposit, it assumes the billowy appearance. 
No exposures of strata of any kind have been found in the valley of the Little 
Sioux or any of its branches. 

Floyd River. — This river rises upon the drift in O'Brien County, and flow- 
ing southward enters the region of the bluff deposit a little north of the center 
of Plymouth County. Almost from its source to its mouth it is a prairie stream, 
with slightly sloping valley sides, which blend gradually with the uplands. A 
single slight exposure of sandstone of cretaceous age occurs in the valley near 
Sioux City, and which is the only known exposure of rock of any kind along 
its whole length. Near this exposure is a mill site, but farther up the stream 
it is not valuable for such purposes. 

Rock River. — This stream passes through Lyon and Sioux Counties. It 
was evidently so named from the fact that considerable exposures of the red 
Sioux quartzite occur along the main branches of the stream in Minnesota, a 
few miles north of our State boundary. Within this State the main stream and 
its branches are drift streams, and strata are exposed. The beds and banks of 
the streams are usually sandy and gravelly, with occasional boulders intermixed. 

Big Sioux River. — The valley of this river, from the northwest corner of 
the State to its mouth, possesses much the same character as all the streams of 
the surface deposits. At Sioux Falls, a few miles above the northwest corner 
of the State, the stream meets with remarkable obstructions from the presence 
of Sioux quartzite, which outcrops directly across the stream, and causes a fall 
of about sixty feet within a distance of half a mile, producing a series of cas- 
cades. For the first twenty-five miles above its mouth, the valley is very broad, 
•with a broad, flat flood plain, with gentle slopes occasionally showing indistinctly 
defined terraces. These terraces and valley bottoms constitute some of the finest 



HISTORY OF THE STATE OF IOWA. 115 

agricultural land of the region. On the Iowa side of the valley the upland 
presents abrupt blufts, steep as the materials of which they are composed will 
stand, and from one hundred to nearly two hundred feet high above the stream. 
At rare intervals, about fifteen miles from its mouth, the cretaceous strata are 
found exposed in the face of the bluffs of the Iowa side. No other strata are 
exposed along that part of the valley which borders our State, with the single 
exception of Sioux quartzite at its extreme northwestern corner. Some good mill 
sites niav be secured along that portion of this river which borders Lyon County, 
but below this the fall will probably be found insufficient and the location for 
dams insecure. 

Missouri River. — This is one of th-e muddiest streams on the globe, and its 
waters are known to be very turbid far toward its source. The chief pecul- 
iarity of this river is its broad flood plains, and its adjacent bluff deposits. 
Much the greater part of the flood plain of this river is upon the Iowa side, and 
continuous from the south boundary line of the State to Sioux City, a distance 
of more than one hundred miles in length, varying from three to five miles in 
width. This alluvial plain is estimated to contain more than half a million acres 
of land within the State, upward of four hundred thousand of which are now 
tillable. 

The rivers ©f the eastern system of drainage have quite a different character 
from those of the western, system. They are larger, longer and have their val- 
leys modified to a much greater extent by the underlying strata. For the lat- 
ter reason, water-power is much more abundant upon them than upon the 
streams of the western system. 

Des Moines River. — This river has its source in Minnesota, but it enters 
Iowa before it has attained any size, and flows almost centrally through it from 
northwest to southeast, emptying into the Mississippi at the extreme southeast- 
ern corner of the State. It drains a greater area than any river within the 
State. The upper portion of it is divided into two branches known as the east 
and west forks. These unite in Humboldt County. The valleys of these 
branches above their confluence are drift-valleys, except a few small exposures 
of subcarboniferous limestone about five miles above their confluence. These 
exposures produce several small mill-sites. The valleys vary from a few hun- 
dred yards to half a mile in width, and are the finest agricultural lands. In the 
northern part of Webster County, the character of the main valley is modified 
by the presence of ledges and low cliffs of the subcarboniferous limestone and 
gypsum,. From a point a little below Fort Dodge to near Amsterdam, in Ma- 
rion County, the river runs all the way through and upon the lower coal-meas- 
ure strata. Along this part of its course the flood-plain varies from an eighth 
to half a mile or more in width. From Amsterdam to Ottumwa the subcarbon- 
iferous limestone appears at intervals in the valley sides. Near Ottumwa. the sub- 
carboniferous rocks pass beneath the i iver again, bringing down the coal-measure 
strata into its bed ; but they rise again from it in the extreme northwestern part 



116 HISTORY OF THE STATE OF IOWA. 

of Van Buren County, and subcarboniferous strata resume and keep their place 
along the valley to the north of the river. From Fort Dodge to the northern 
part of Lee County, the strata of the lower coal measures are present in the 
valley. Its flood plain is frequently sandy, from the debris of the sandstone 
and sandy shales of the coal measures produced by their removal in the process 
of the formation of the valley. 

The principal tributaries of the Des Moines are upon the western side. 
These are the Raccoon and the three rivers, viz.: South, Middle and North Riv- 
ers. The three latter have their source in the region occupied by the upper 
coal-measure limestone formation, flow eastward over the middle coal measures, 
and enter the valley of the Des Moines upon the lower coal measures. These 
streams, especially South and Middle Rivers, are frequently bordered by high, 
rocky cliffs. Raccoon River has its source upon the heavy surface deposits of 
the middle region of Western Iowa, and along the greater part of its course it 
has excavated its valley out those deposits and the middle coal measures alone. 
The valley of the Des Moines and its branches are destined to become the seat 
of extensive manufactures in consequence of the numerous mill sites of immense 
power, and the fact that the main valley traverses the entire length of the Iowa 
coal fields. 

Skunk Elver. — This river has its source in Hamilton County, and runs 
almost its entire course upon the border of the outcrop of the lower coal meas- 
ures, or, more properly speaking, upon the subcarboniferous limestone, just where 
it begins to pass beneath the coal measures by its southerly and westerly dip. 
Its general course is southeast. From the western part of Henry County, up 
as far as Story County, the broad, flat flood plain is covered with a rich deep 
clay soil, which, in time of long-continued rains and overflows of the river, has 
made the valley of Skunk River a terror to travelers from the earliest settle- 
ment of the country. There are some excellent mill sites on the lower half of 
this river, but they are not so numerous or valuable as on other rivers of tlie 
eastern system. 

Iowa River. — This river rises in Hancock County, in the midst of a broad, 
slightly undulating drift region. The first rock exposure is that of subcarbon- 
iferous limestone, in the southwestern corner of Franklin County. It enters 
the region of the Devonian strata near the southwestern corner of Benton 
County, and in this it continues to its confluence with the Cedar in Louisa 
County. Below the junction with the Cedar, and for some miles above that 
point, its valley is broad, and especially on the northern side, with a well 
marked flood plain. Its borders gradually blend with the uplands as they slope 
away m the distance from the river. The Iowa furnishes numerous and valua- 
ble mill sites. 

Cedar River. — This stream is usually understood to be a branch of the 
Iowa, but it ought, really, to be regarded as the main stream. It rises by 
numerous branches in the northern part of the State, and flows the entire length 



HISTORY OF THE STATE OF IOWA. 117 

of the State, through the region occupied by the Devonian strata and along the 
trend occupied by that formation. 

The valley of this river, in the upper part of its course, is narrow, and the 
sides slope so gently as to scarcely show where the lowlands end and the up- 
lands begin. Below the confluence with the Shell Kock, the flood plain is more 
distinctly marked and the valley broad and shallow. The valley of the Cedar 
is one of the finest regions in the State, and both the main stream and its 
branches afford abundant and reliable mill sites. 

Wapsipinnicon River. — This river has its source near the source of the 
Cedar, and runs parallel and near it almost its entire course, the upper half 
upon the same formation — the Devonian. In the northeastern part of Linn 
County, it enters the region of the Niagara limestone, upon which it continues 
to tlie Mississippi. It is one hundred miles long, and yet the area of its drain- 
age is only from twelve to twenty miles in width. Hence, its numerous mill 
sites are unusually secure. 

Turkey River. — This river and the Upper Iowa are, in many respects, un- 
like other Iowa rivers. The difference is due to the great depth they have 
eroded their valleys and the different character of the material through which 
they have eroded. Turkey River rises in Howard County, and in Winnesheik 
County, a few miles from its source, its valley has attained a depth of more than 
two hundred feet, and in Fayette and Clayton Counties its depth is increased to 
three and four hundred feet. The summit of the uplands, bordering nearly the 
whole length of the valley, is capped by the Maquoketa shales. These shales 
are underlaid by the Galena limestone, between two and three hundred feet 
thick. The valley has been eroded through these, and runs upon the Trenton 
limestone. Thus, all the formations along and within this valley are Lower 
Silurian. The valley is usually narrow, and without a well-marked flood plain. 
Water power is abundant, but in most places inaccessible. 

Upper Iowa River. — This river rises in Minnesota, just beyond the north- 
ern boundary line, and enters our State in Howard County before it has attained 
any considerable size. Its course is nearly eastward until it reaches the Mis- 
sissippi. It rises in the region of the Devonian rocks, and flows across the out- 
crops, respectively, of the Niagara, Galena and Trenton limestone, the lower 
magnesian limestone and Potsdam sandstone, into and through all of whiclu 
except the last, it has cut its valley, which is the deepest of any in Iowa. The 
valley sides are, almost everywhere, high and steep, and cliffs of lower magne- 
sian and Trenton limestone give them a wild and rugged aspect. In the lower 
part of the valley, the flood plain reaches a width sufficient for the location of 
small farms, but usually it is too narrow for such purposes. On the higher 
surface, however, as soon as you leave the valley you come immediately upon a 
cultivated country. This stream has the greatest slope per mile of any in Iowa, 
consequently it furnishes immense water power. In some places, where creeks 
come into it, the valley widens and affords good locations for farms. The town 



118 HISTORY OF THE STATE OF IOWA. 

of Decorah, in Winnesheik County, is located in one of these spots, which 
makes it a lovely location ; and the power of the river and the small spring 
streams around it offer fine facilities for manufacturing. This river and its 
tributaries are the only trout streams in Iowa. 

Mississippi River. — This river may be described, in general terms, as a broad 
canal cut out of the general level of the country through which the river flows. 
It is bordered by abrupt hills or bluffs. The bottom of the valley ranges from 
one to eight miles in width. The whole space between the bluffs is occupied by 
the river and its bottom, or flood plain only, if we except the occasional terraces 
or remains of ancient flood plains, which are not now reached by the highest 
floods of the river. The river itself is from half a mile to nearly a mile in 
width. There are but four points along the whole length of the State where the 
bluffs approach the stream on both sides. The Lower Silurian formations com- 
pose the bluffs in the northern part of the State, but they gradually disappear 
by a southerly dip, and the bluffs are continued successively by the Upper 
Silurian, Devonian, and subcarboniferous rocks, which are reached near the 
southeastern corner of the State. 

Considered in their relation to the present general surface of the state, the 
relative ages of the river valley of Iowa date back only to the close of the 
glacial epoch ; but that the Mississippi, and all the rivers of Northeastern Iowa, 
if no others, had at least a large part of the rocky portions of their valleys 
eroded by pre-glacial, or perhaps even by palaeozoic rivers, can scarcely be 
doubted. 

LAKES. 

The lakes of Iowa may be properly divided into two distinct classes. The 
first may be called drift lakes, having had their origin in the depressions left 
in the surface of the drift at the close of the glacial epoch, and have rested upon 
the undisturbed surface of the drift deposit ever since the glaciers disappeared. 
The others may be properly termed jiuvatile or alluvial lakes, because they hav^ 
had their origin by the action of rivers while cutting their own valleys out from 
the surface of the drift as it existed at the close of the glacial epoch, and are now- 
found resting upon the alluvium, as the others rest upon the drift. By the term 
alluvium is meant the deposit which has accumulated in the valleys of rivers by 
the action of their own currents. It is largely composed of sand and other 
coarse material, and upon that deposit are some of the best and most productive 
soils in the State. It is this deposit which form the flood plains and deltas of 
our rivers, as well as the terraces of their valleys. 

The regions to which the drift lakes are principally confined are near the 
head waters of the principal streams of the State. We consequently find them 
in those resions which lie between the Cedar and Des Moines Rivers, and the 
Des Moines and Little Sioux. No drift lakes are found in Southern loAva. 
The largest of the lakes to be found in the State are Spirit and Okoboji, in 



HISTORY OF THE STATE OF IOWA. 119 

Dickinson County ; Clear Lake, in Cerro Gordo County ; and Storm Lake, in 
Bunea Yista County. 

Spirit Lake. — The width and length of this lake are about equal , and it 
contains about twelve square miles of surface, its northern border resting directly 
on the boundary of the State. It lies almost directly upon the great watershed. 
Its shores are mostly gravelly, and tlie country about it fertile. 

Ohohoji Lake. — This body of water lies directly south of Spirit Lake, and 
has somewhat the shape of a horse-shoe, with its eastern projection within a few 
rods of Spirit Lake, where it receives the outlet of the latter. Okoboji Lake 
extends about five miles southward from Spirit Lake, thence about the same 
distance westward, and then bends northward about as far as the eastern projec- 
tion. The eastern portion is narrow, but the western is larger, and in some 
places a hundred feet deep. The surroundings of this and Spirit Lake are very 
pleasant. Fish are abundant in them, and they are the resort pf myriads of 
water fowl. 

Clear Lake. — This lake is situated in Cerro Gordo County, upon the 
watershed betAveen the Iowa and Cedar Rivers. It is about five miles long, 
and two or three miles wide, and has a maximum depth of only fifteen 
feet. Its shores and the country around it are like that of Spirit Lake. 

Storm Lake. — This body of water rests upon the great water shed in Buena 
Vista County. It is a clear, beautiful sheet of water, containing a surface area 
of between four and five square miles. 

The outlets of all these drift-lakes are dry during a portion of the year, ex- 
cept Okoboji. 

Walled Lakes. — Along the water sheds of Northern Iowa great numbers of' 
small lakes exist, varying from half a mile to a mile in diameter. One of the lakes 
in Wright County, and another in Sac, have each received the name of " "Walled 
Lake," on account of the existence of embankments on their borders, which are 
supposed to be the work of ancient inhabitants. These embankments are from 
two to ten feet in height, and from five to thirty feet across. They are the 
result of natural causes alone, being referable to the periodic action of ice, aided, 
to some extent, by the force of the waves. These lakes are very shallow, and 
in Avinter freeze to the bottom, so that but little unfrozen Avater remains in the 
middle. The ice freezes fast to everything upon the bottom, and the expansive 
power of the water in freezing acts in all directions from the center to the cir- 
cumference, and whatever was on the bottom of the lake has been thus carried 
to the shore, and this has been going on from year to year, from century to 
century, forming the embankments which have caused so much wonder. 

SPRINGS. 

Springs issue from all formations, and from the sides of almost every valley, 
but they are more numerous, and assume proportions which give rise to the 
name of sink-holes, along the upland borders of the Upper Iowa River, owing 



120 HISTORY OF THE STATE OF IOWA. 

to the peculiar fissured and laminated character and great thickness of the strata 
of the age of the Trenton limestone which underlies the whole region of the 
valley of that stream. 

No mineral springs, properly so called, have yet been discovered in Iowa, 
though the water of several artesian wells is frequently found charged with 
soluble mineral substances. 

ORIGIN OF THE PRAIRIES. 

It is estimated that seven-eighths of the surface of the State was prairie 
when first settled. They are not confined to level surfaces, nor to any partic- 
ular variety of soil, for within the State they rest upon all formations, from 
those of the Azoic to those of the Cretaceous age, inclusive. Whatever may 
have been their origin, their present existence in Iowa is not due to the influ- 
ence of climate, nor the soil, nor any of the underlying formations. Tlie real 
cause is the prevalence of the annual fires. If these had been prevented fifty 
years ago, Iowa would now be a timbered country. The encroachment of forest 
trees upon prairie farms as soon as the bordering woodland is protected from 
the annual prairie fires, is well known to farmers throughout the State. 

The soil of Iowa is justly famous for its fertility, and there is probably no 
equal area of the earth's surface that contains so little untillable land, or whose 
soil has so high an average of fertility. Ninety-five per cent, of its surface is 
tillable land. 

GEOLOGY. 

The soil of Iowa may be separated into three general divisions, which not 
only possess different physical characters, but also differ in the mode of their 
origin. These are drift, bluff and alluvial, and belong respectively to the 
deposits bearing the same names. The drift occupies a much larger part of the 
surface of the State than both the others. The bluff has the next greatest area 
of surface, and the alluvial least. 

All soil is disintegrated rock. The drift deposit of Iowa was derived, to a 
considerable extent, from the rocks of Minnesota ; but the greater part of Iowa 
drift was derived from its own rocks, much of which has been transported but a 
short distance. In general terms the constant component element of the drift 
soil is that portion which was transported from the north, while the iticonstant 
elements are those portions which were derived from the adjacent or underlying 
strata. For example, in Western Iowa, wherever that cretaceous formation 
known as the Nishnabotany sandstone exists, the soil contains more sand than 
elsewhere. The same may be said of the soil of some parts of the State occu- 
pied by the lower coal measures, the sandstones and sandy shales of that forma- 
tion furnishing the sand. 

In Northern and Northwestern Iowa, the drift contains more sand and 
gravel than elsewhere. This sand and gravel was, doubtless, derived from the 






HISTORY OF THE STATE OF IOWA 



121 



cretaceous rocks that now Jo, or formerly did, exist there, and also in part 
from the conglomerate and pudding-stone beds of the Sioux quartzite. 

In Southern Iowa, the soil is frequently stiflF cand clayey. This preponder- 
ating clay is doubtless derived from the clayey and shaly beds which alternate 
with the limestones of that region. 

The bluff soil is that which rests upon, and constitutes a part of, the bluff 
deposit. It is found only in the western part of the State, and adjacent to the 
Missouri River. Although it contains less than one per cent, of clay in its 
composition, it is in no respect inferior to the best drift soil. 

The alluvial soil is that of the flood plains of the river valleys, or bottom 
lands. That which is periodically flooded by the rivers is of little value for 
agricultural purposes ; but a large part of it is entirely above the reach of the 
highest floods, and. is very productive. 

The stratified rocks of Iowa range from the Azoic to the Mesozoic, inclu- 
sive ; but the greater portion of the surface of the State is occupied by those 
of the Palneozoic age. The table below will show each of these formations in 
their order : 



SYSTEMS. 

AGES. 



Cretaceous 

Carboniferous.. 

Devonian 

Upper Silurian 

Lower Silurian 
Azoic 



GROaPS. 

PERIODS. 



FORMATIONS. 

EPOCHS. 



(Post Tertiary 
Lower Cretaceous. 

Coal Measures. 
Subcarboniferous. 



Hamilton 

Niagara 

Cincinnati . 



Trenton. 

Primordial. 
Huronian , 



\Drift 

Inoceramous bed 

Woodbury Sandstone and Shales.. 

Nishnabotany Sandstone 

Upper Coal Measures 

Middle Coal Measures 

Lower Coal Measures 

St. Louis Limestone 

Keokuk Limestone... 

Burlington Limestone 

Kinderhook beds 

Hamilton Limestone and Shales. 

Niagara Limestone 

Maquoketa Shales 

Galena Limestone 

Trenton Limestone 

St. Peter's Sandstone 

Lower Magnesian Limestone 

Potsdam Sandstone 

Sioux Quartzite 



THICKNESS. 

IN FEET. 



10 



to 200 

50 
130 
100 
200 
200 
200 

75 

90 
196 
175 
200 
350 

80 
250 
200 

80 
250 
800 

50 



THE AZOIC SYSTEM, 

The Sioux quartzite is found exposed in natural ledges only upon a few 
acres in the extreme northwest corner of the State, upon the banks of the Big 
Sioux River, for which reason the specific name of Sioux Quartzite has been 
given them. It is an intensely hard rock, breaks in splintery fracture, and a 
color varying, in different localities, from a light to deep red. The process of 
metamorphism has been so complete throughout the whole formation that the 
rock is almost everywhere of uniform texture. The dip is four or five degrees 
to the northward, and the trend of the outcrop is eastward and westward. This 



122 HISTORY OF THE STATE OF IOWA. 

rock may be quarried in a few rare cases, but usually it cannot be secured in 
dry forms except that into which it naturally cracks, and the tendency is to 
angular pieces. It is absolutely indestructible. 

LOWER SILURIAN SYSTEM. 

PRIMORDIAL GROUP. 

Potsdam Sandstone. — ^This formation is exposed only in a small portion of 
the northeastern portion of the State. It is only to be seen in the bases of the 
bluffs and steep valley sides which border the river there. It may be seen 
underlying the lower magnesian limestone, St. Peter s sandstone and Trenton 
limestone, in their regular order, along the bluffs of the Mississippi from the 
northern boundary of the State as far south as Guttenburg, along the Upper 
Iowa for a distance of about twenty miles from its mouth, and along a few of 
the streams which empty into the Mississippi in Allamakee County. 

It is nearly valueless for economic purposes. 

No fossils have been discovered in this formation in Iowa. 

Lower Magnesium Limestone. — This formation has but little greater geo- 
graphical extent in Iowa than the Potsdam sandstone. It lacks a uniformity 
of texture and stratification, owing to which it is not generally valuable for 
building purposes. 

The only fossils found in this formation in Iowa are a few traces of crinoids, 
near McGregor. 

St. Peter s Sandstone. — This formation is remarkably uniform in thickness 
throughout its known geographical extent ; and it is evident it occupies a large 
portion of the northern half of Allamakee County, immediately beneath the 
drift. 

TRENTON GROUP. 

Treyiton Limestone. — With the exception of this, all the limestones of both 
Upper and Lower Silurian age in Iowa are magnesian limestones — nearly pure 
dolomites. This formation occupies large portions of Winnesheik and Alla- 
makee Counties and a portion of Clayton. The greater part of it is useless for 
economic purposes, yet there are in some places compact and evenly bedded 
layers, which afford fine material for window caps and sills. 

In this formation, fossils are abundant, so much so that, in some places, the 
rock is made up of a mass of shells, corals and fragments of tribolites, cemented 
by calcareous material into a solid rock. Some of these fossils are new to 
science and peculiar to Iowa. 

The Gralena Limestone. — This is the upper formation of the Trenton group. 
It seldom exceeds twelve miles in width, although it is fully one hundred and 
fifty miles long. The outcrop traverses portions of the counties of Howard, 
Winnesheik, Allamakee, Fayette, Clayton, Dubuque and Jackson. It exhibits 
its greatest development in Djibuque County. It is nearly a pure dolomite, 
with a slight admixture of silicious matter. It is usually unfit for dressing, 



HISTORY OF THE STATE OF IOWA. 12S 

though sometimes near the top of the bed good blocks for dressing are found. 
This formation is the source of the lead ore of the Dubuque lead mines. The 
lead region proper is confined to an area of about fifteen miles square in the 
vicinity of Dubuque. The ore occurs in vertical fissures, which traverse the 
rock at regular intervals from east to west ; some is found in those which have 
a north and south direction. The ore is mostly that known as Galena, or sul- 
phuret of lead, very small quantities only of the carbonate being found wnth it. 

CINCINNATI GROt'P. 

Maquohefa SJiaJes. — The surface occupied by this formation is singulai'ly 
long and narrow, seldom reaching more than a mile or two in width, but more 
than a hundred miles in length. Its most southerly exposure is in the bluffs of 
the Mississippi near Bellevue, in Jackson County, and the most northerly yet 
recognized is in the western part of Winnesheik County, The whole formation 
is largely composed of bluish and brownish shales, sometimes slightly arena- 
ceous, sometimes calcareous, which weather into a tenacious clay upon the sur- 
face, and the soil derived from it is usually stiff and clayey. Its economic 
value is very slight. 

Several species of fossils which characterize the Cincinnati group are found 
in the Maquoketa shales ; but they contain a larger number that have been 
found anywhere else than in these shales in Iowa, and their distinct faunal char- 
acteristics seem to warrant the separation of the Maquoketa shales as>i distinct 
formation from any others of the group. 

UPPER SILURIAN SYSTEM. 

NIAGARA ClOrP. 

Niagara Limestone. — The area occupied by the Niagara limestone is nearly 
one hundred and sixty miles long from north to south, and forty and fifty miles 
wide. 

This formation is entirely a magnesian limestone, with in some places a con- 
siderable proportion of silicious matter in the form of chert or coarse flint. A 
large part of it is evenly bedded, and probably affords the best and greatest 
amount of quarry rock in the State. The quarries at Anamosa, LeClaire and 
Farley are all opened in this formation. 

DEVONIAN SYSTEM. 

HAMILTON GROUP. 

Haviilton Limestone. — The area of surface occupied by the Hamilton lime- 
stone and shales is fully as great as those by all the formations of both Upper 
and Lower Silurian age in the State. It is nearly two hundred miles long and 
from forty to fifty miles broad. The general trend is northwestward and south- 
eastws^'d. 

Although a large part of the material of this formation is practically quite 
worthless, yet other portions are valuable for economic purposes ; and having a 



124 HISTORY OF THE STATE OF IOWA. 

large geographical extent in the State, is one of the most important formations, 
in a practical point of view. At Waverly, Bremer County, its value for the 
production of hydraulic lime has been practically demonstrated. The heavier 
and more uniform magnesian beds furnish material for bridge piers and other 
material requiring strength and durability. 

All the Devonian strata of Iowa evidently belong to a single epoch, and re- 
ferable to the Hamilton, as recognized by New York geologists. 

The most conspicuous and characteristic fossils of this formation are bra- 
ohiopod, mollusks and corals. The coral Acervularia Davidson! occurs near 
Iowa City, and is known as " Iowa City Marble," and " bird's-eye marble." 

CARBONIFEROUS SYSTEM. 

Of the three groups of formations that constitute the carboniferous system, 
viz., the subcarboniferous, coal measures and permian, only the first two are 
found in Iowa. 

SUBCARBONIFEROUS GROUP. 

The area of the surface occupied by this group is very large. Its eastern 
border passes from the northeastern part of Winnebago County, with consider- 
able directness in a southeasterly direction to the northern part of Washington 
County. Here it makes a broad and direct bend nearly eastward, striking 
the Mississippi River at Muscatine. The southern and western boundary is to 
a considerable extent the same as that which separates it from the coal field. 
From the southern part of Pocahontas County it passes southeast to Fort Dodge, 
thence to Webster City, thence to a point three or four miles northeast of El- 
dora, in Hardin County, thence southward to the middle of the north line of 
Jasper County, thence southeastward to Sigourney, in Keokuk County, thence 
to the northeastern corner of Jefferson County, thence sweeping a few miles 
•eastward to the southeast corner of Van Buren County. Its area is nearly two 
hundred and fifty miles long, and from twenty to fifty miles wide. 

The Kinderhook Beds. — The most southerly exposure of these beds is near 
the mouth of Skunk River, in Des Moines County. The most northerly now 
known is in the eastern part of Pocahontas County, more than two hundred 
miles distant. The principal exposures of this formation are along the bluffs 
which border the Mississippi and Skunk Rivers, where they form the eastern 
and northern boundary of Des Moines County, along English River, in Wash- 
ington County ; along the Iowa River, in Tama, Marshall, Hamlin and Frank- 
lin Counties ; and along the Des Moines River, in Humboldt County. 

The economic value of this formation is very considerable, particularly in 
the northern portion of the region it occupies. In Pocahontas and Humboldt 
Counties it is almost invaluable, as no other stone except a few boulders are 
found here. At Iowa Falls the lower division is very good for building pur- 
poses. In Marshall County all the limestone to be obtained comes from this 
formation, and the quarries near LeGrand are very valuable. At this point 



HISTORY OF THE STATE OF IOWA. 125 

some of the layers are finely veined with peroxide of iron, and are wrought into 
ornamental and useful objects. 

In Tama County, the oolitic member is well exposed, where it is manufac- 
tured into lime. It is not valuable for building, as upon exposure to atmosphere 
and frost, it crumbles to pieces. 

Tiie remains of fishes are the only fossils yet discovered in this formation 
that can be referred to the sub-kingdom vertebrata ; and so far as yet recog- 
nized, they all belong to the order selachians. 

Of ARTICULATES, only two species have been recognized, both of which 
helong to the genus phillipsia. 

The sub-kingdom mollusca is largely represented. 

The RADIATA are represented by a few crinoids, usually found in a very im- 
perfect condition. The sub-kingdom is also represented by corals. 

The prominent feature in the life of this epoch was niolluscan ; so much so 
in fact as to overshadow all other branches of the animal kingdom. The pre- 
vailing classes are: laynellihranchiates, in the more arenaceous portions; and 
brachiopods, in the more calcareous portions. 

No remains of vegetation have been detected in any of the strata of this 
formation. 

The Burlington Limestone. — This formation consists of two distinct calca- 
reous divisions, which are separated by a series of silicious beds. Both divi- 
sions are eminently crinoidal. 

The southerly dip of the Iowa rocks carries the Burlington limestone down, 
so that it is seen for the last time in this State in the valley of Skunk River, 
near the southern boundary of Des Moines County. The most northerly point 
at which it has been recognized is in the northern part of Washington County. 
It probably exists as far north as Marshall County. 

This formation affords much valuable material for economic purposes. The 
upper division furnishes excellent common quany rock. 

The great abundance and variety of its fossils — crinoids — now known to be 
more than three hundred, have justly attracted the attention of geologists in all 
parts of the world. 

The only remains of vertebrates discovered in this formation are those of 
fishes, and consist of teeth and spines ; bone of bony fishes, like those most 
common at the present day, are found in these rocks. On Buffington Creek, in 
Louisa County, is a stratum in an exposure so fully charged with these remains 
that it might with propriety be called bone breccia. 

Remains of articulates are rare in this formation. So far as yet discovered, 
they are confined to two species of tribolites of the genus jjhilUpsia. 

Fossil shells are very common. 

The two lowest classes of the sub-kingdom radiata are represented in the 
genera zaphrentis, amplexus and syringapora, while the highest class — echino- 
derms — are found in most extraordinary profusion. 



126 HISTORY OF THE STATE OF IOWA. 

The Keokuk Limestone. — It is only in the four counties of Lee, Van 
Buren, Henry and Des Moines that this formation is to be seen. 

In some localities the upper silicious portion of this formation is known as 
the Geode bed. It is not recognizable in the northern portion of the formation, 
nor in connection with it where it is exposed, about eighty miles below Keokuk. 

The geodes of the Geode bed are more or less spherical masses of silex, 
usually hollow and lined with crystals of quartz. The outer crust is rough and 
unsightly, but the crystals which stud the interior are often very beautiful. 
They vary in size from the size of a walnut to a foot in diameter. 

The economic value of this formation is very great. Large quantities of its 
stone have been used in the finest structures in the State, among which are the 
post ofiices at Dubuque and Des Moines. The principal quarries are along the 
banks of the Mississippi, from Keokuk to Nauvoo. 

The only vertebrate fossils found in the formation are fishes, all belonging 
to the order selachians, some of which indicate that their owners reached a 
length of twenty-five or thirty feet. 

Of the articulates, only two species of the genus i)hillipsia have been found 
in this formation. 

Of tlie mollusks, no cephalopods have yet been recognized in this formation in 
this State ; gasteropods are rare ; brachiopods and polyzoans are quite abundant. 

Of radiates, corals of genera zaphrentes, amplexus and aulopera are found, 
but crinoids are most abundant. 

Of the low forms of animal life, the protozoans, a small fossil related to the 
sponges, is found in this formation in small numbers. 

The St. Louis Limestone. — This is the uppermost of the subcarboniferous 
group in Iowa. The superficial area it occupies is comparatively small, because 
it consists of long, narrow strips, yet its exten^ is very great. It is first seen 
resting on the geode division of the Keokuk limestone, near Keokuk. Pro- 
ceeding northward, it forms a narrow border along the edge of the coal fields 
in Lee, Des Moines, Henry, Jefferson, Washington, Keokuk and Mahaska 
Counties. It is then lost sight of until it appears again in the. banks of Boone 
River, where it again passes out of view under the coal measures until it is 
next seen in the banks of the Des Moines, near Fort Dodge. As it exists in 
Iowa, it consists of three tolerably distinct subdivisions — the magnesian, arena- 
ceous and calcareous. 

The upper division furnishes excellent material for quicklime, and when 
quarries are well opened, as in the northwestern part of Van Buren County, 
large blocks are obtained. The sandstone, or middle division, is of little 
economic value. The lower or magnesian division furnishes a valuable 
and durable stone, exposures of which are found on Lick Creek, in Van Buren 
County, and on Long Creek, seven miles west of Burlington. 

Of the fossils of this formation, the vertebrates are represented only by the 
remains of fish, belonging to the two orders, selachians and ganoids. The 



HISTORY OF THE STATE OF IOWA. 127 

articulates are represented by one species of the trilobite, genus phillipsia, and 
two ostracoid, genera, ci/thre and beyricia. The mollusks distinguish this 
formation more than any other branch of the animal kingdom. Radiates are 
eXiCeedingly rare, showing a marked contrast between this formation and the 
two preceding it. 

The rocks of the subcarboniferous period have in other countries, and in 
other parts of our own country, furnished valuable minerals, and even coal, but 
in Iowa the economic value is confined to its stone alone. 

The Lower Silurian, Upper Silurian and Devonian rocks of Iowa are largely 
composed of limestone. Magnesia also enters largely into the subcarbon- 
iferous group. With the completion of the St. Louis limestone, the 
production of the magnesian limestone seems to have ceased among the rocks of 
Iowa. 

Although the Devonian age has been called the age of fishes, yet so far as 
Iowa is concerned, the rocks of no period can compare with the subcarbon- 
iferous in the abundance and variety of the fish remains, and, for this reason, 
the Burlii^ton and Keokuk limestones w^ill in the future become more 
famous among geologists, perhaps, than any other formations in North 
America. 

It will be seen that the Chester limestone is omitted from the subcarbon- 
iferous group, and which completes the full geological series. It is probable 
the whole surface of Iowa was above the sea during the time of tlie 
formation of the Chester limestone to the southward about one hundred 
miles. 

At the close of the epoch of the Chester limestone, the shallow seas in 
which the lower coal measures were formed again occupied the land, extending 
almost as far north as that sea had done in which the Kinderhook beds were 
formed, and to the northeastAvard its deposits extended beyond the subcarbon- 
iferous groups, outlines of which are found upon the next, or Devonian rock. 

THE COAL-MEASURE GROUP. 

The coal-measure group of Iowa is properly divided into three formations, 
viz., the lower, middle and uj)per coal measures, each having a vertical thick- 
ness of about two hundred feet. 

A line drawn upon the map of Iowa as follows, will represent the eastern 
and northern boundaries of the coal fields of the State : Commencing at the 
southeast corner of Van Buren County, carry the line to the northeast corner 
of Jefferson County by a slight easterly curve through the western portions of 
Lee and Henry Counties. Produce this line until it reaches a point six or 
eight miles northward from the one last named, and then carry it northwest- 
ward, keeping it at about the same distance to the northward of Skunk River 
and its north branch that it had at first, until it reaches the southern boundary 
of Marshall County, a little west of its center. Then carry it to a point 



128 HISTORY OF THE STATE OF IOWA. 

three or four miles northeast from Eldora, in Hardin County ; thence west- 
ward to a point a little north of Webster City, in Hamilton County; and 
thence further westward to a point a little north of Fort Dodge, in Webster 
County. 

Lower Coal Measures. — In consequence of the recedence to the southward 
of the borders of the middle and upper coal measures, the lower coal measures 
alone exist to the eastward and northward of Des Moines River. They also 
occupy a large area westward and southward of that river, but their southerly 
dip passes them below the middle coal measures at no great distance from the 
river. 

No other formation in the whole State possesses the economic value of the 
lower coal measures. ' The clay that underlies almost every bed of coal furnishes 
a large amount of material for potters' use. The sandstone of these measures 
is usually soft and unfit, but in some places, as near Red Rock, in Marion 
County, blocks of large dimensions are obtained which make good building 
material, samples of which can be seen in the State Arsenal, at Des Moines. 
On the whole, that portion of the State occupied by the lower coal measures, 
is not well supplied with stone. 

But few fossils have been found in any of the strata of the lower coal meas- 
ures, but such animal remains as have been found are without exception of 
marine origin. 

Of fossil plants found in these measures, all probably belong to the clasa 
acrogens. Specimens of calamites, and several species of ferns, are found in 
all of the coal measures, but the genus lepidodendron seems not to have existed 
later than the epoch of the middle coal measures. 

Middle Coal Measures. — This formation within the State of Iowa occupies 
a narrow belt of territory in the southern central portion of the State, embrac- 
ing a superficial area of about fourteen hundred square miles. The counties 
more or less underlaid by this formation are Guthrie, Dallas, Polk, Madison^ 
Warren, Clarke, Lucas, Monroe, Wayne and Appanoose. 

This formation is composed of alternating beds of clay, sandstone and lime- 
stone, the clays or shales constituting the bulk of the formation, the limestone 
occurring in their bands, the lithological peculiarities of which offer many con- 
trasts to the limestones of the upper and lower coal measures. The formation 
is also characterized by regular wave-like undulations, with a parallelism which 
indicates a widespread disturbance, though no dislocation of the strata have 
been discovered 

Generally speaking, few species of fossils occur in these beds. Some of the 
shales and sandstone have afforded a few imperfectly preserved land plants — 
three or four species of ferns, belonging to the genera. Some of the carbonif- 
erous shales afford beautiful specimens of what appear to have been sea-weeds. 
Radiates are represented by corals. The mollusks are most numerously repre- 
sented. Trilohites and ostraeoids are the only remains known of articulates. 



HISTORY OF THE STATE OF IOWA. 129 

Vertebrates are only known by the remains of salachians, or sharks, and 
ganoids. 

Upper Coal Measures. — The area occupied by this formation in Iowa is 
very great, comprising thirteen whole counties, in the southwestern part of the 
State. It adjoins by its northern and eastern boundaries the area occupied by 
the middle coal measures. 

The prominent lithological features of this formation are its limestones, yet 
it contains a considerabl -^ proportion of shales and sandstones. Although it is 
known by the name of upper coal measures, it contains but a single bed of coal, 
and that only about twenty inches in maximum thickness. 

The limestone exposed in this formation furnishes good material for building 
as in Madison and Fremont Counties. The sandstones are quite worthless. No 
beds of clay for potter's use are found in the whole formation. 

The fossils in this formation are much more numerous than in either the 
middle or lower coal measures. The vertebrates are represented by the fishes 
of the orders selachians and ganoids. The articulates are represented b}^ the 
trilobites and^tracoids. Mollusks are represented by the classes cephalapocla, 
gasterojjoda, lamelli, branehiata, hrachiapoda and polyzoa. Radiates are more 
numerous than in the lower and middle coal measures. Protogoans are repre- 
sented in the greatest abundance, some layers of limestone being almost entirely 
composed of their small fusiform shells. 

CRETACEOUS SYSTEM, 

There being no rocks, in Iowa, of permian, triassic or Jurassic age, the 
next strata in the geological series are of the cretaceous age. They are found 
in the western half of the State, and do not dip, as do all the other formations 
upon which they rest, to the southward and westward, but have a general dip 
of their own to the north of westward, w^hich, however, is very slight. 
Although the actual exposures of cretaceous rocks are few in Iowa, there is 
reason to believe that nearly all the western half of the State was originally 
occupied by them ; but being very friable, they have been removed by denuda- 
tion, which has takeij place at two separate periods. The first period was 
during its elevation from the cretaceous sea, and during the long tertiary age 
that passed between the time of that elevation and the commencement of the 
glacial epoch. The second period Avas during the glacial epoch, when the ice 
produced their entire removal over considerable areas. 

It is difficult to indicate the exact boundaries of these rocks ; the following 
will approximate the outlines of the area : 

From the northeast corner to the southwest corner of Kossuth Countv ; 
thence to the southeast corner of Guthrie County; thence to the southeast 
corner of Cass County ; thence to the middle of the south boundary of Mont- 
gomery County ; thence to the middle of the north boundary of Pottawattamie 
County; thence to the middle of the south boundary of Woodbury County ; 



130 HISTORY OF THE STATE OF IOWA. 



thence to Sergeant's bluffs ; up the Missouri and Big Sioux Rivers to the 
northwest corner of the State; eastward along the State line to the place of 
beginning. 

All the cretaceous rocks in Iowa are a part of the same deposits farther up 
the Missouri River, and in reality form their eastern boundary. 

Nishnahotany Sandstone. — This rock has the most easterly and southerly 
extent of the cretaceous deposits of Iowa, reaching the southeastern part of 
Guthrie County and the southern part of Montgomery County. To the north- 
ward, it passes beneath the Woodbury sandstones and shales, the latter passing 
beneath the inoceramus, or chalky, beds. This sandstone is, with few excep- 
tions, almost valueless for economic purposes. 

The only fossils found in this formation are a few fragments of angiosper- 
mous leaves. 

Woodbury Sandstones and Shales. — These strata rest upon the Nishna- 
hotany sandstone, and have not been observed outside of "Woodbury County, 
hence their name. Their principal exposure is at Sergeant's Bluffs, seven 
miles below Sioux City. 

This rock has no value except for purposes of common masonry. 

Fossil remains are rare. Detached scales of a lepidoginoid species have 
been detected, but no other vertebrate remains. Of remains of vegetation, 
leaves of salix meekii and sassafras cretaceum have been occasionally found. 

Inoceramus Beds. — These beds rest upon the Woodbury sandstones and 
shales. They have not been observed in Iowa, except in the bluffs which 
border the Big Sioux River in Woodbury and Plymouth Counties. They are 
composed almost entirely of calcareous material, the upper portion of which is 
extensively used for lime. No building material is to be obtained from these 
beds ; and the only value they possess, except lime, are the marls, which at 
some time may be useful on the soil of the adjacent region. 

The only vertebrate remains found in the cretaceous rocks are the fishes. 
Those in the inoceramus beds of Iowa are two species of squoloid selachians, 
or cestratront, and three genera of teliosts. Molluscan remains are rare. 

PEAT. 

Extensive beds of peat exist in Northern Middle Iowa, which, it is esti- 
mated, contain the following areas : 

CouiUus. Acres. 

Cerro Gordo 1,500 

Worth : 2,t00 

Winnebago 2,000 

Hancock 1,500 

Wright 500 

Kossuth 700 

Dickinson t^O 

Several other counties contain peat beds, but the character of the peat is 
inferior to that in the northern part of the State. The character of the peat 



HISTORY OF THE STATE OF IOWA. 131 

named is equal to that of Ireland. The beds are of an average depth of four 
feet. It is estimated tliat each acre of these beds will furnish two hundred and 
fifty tons of dry fuel for each foot in depth. At present, owing to the sparse- 
ness of the population, this peat is not utilized ; but, owing to its great distance 
from the coal fields and the absence of timber, the time is coming when their 
value will be realized, and the fact demonstrated that Nature has abundantly 
compensated the deficiency of other fuel. 

GYPSUM. 

The only deposits of the sulphates of the alkaline earths of any economic 
value in Iowa are those of gypsum at and in the vicinity of Fort Dodge, in 
Webster County. All others are small and unimportant. The deposit occupies 
a nearly central position in Webster County, the Des Moines River running 
nearly centrally through it, along the valley sides of which the gypsum is seen 
in the form of ordinary rock cliff and ledges, and also occurring abundantly in 
similar positions along both sides of the valleys of the smaller streams and of 
the numerous ravines coming into the river valley. 

The most northerly known limit of the deposit is at a point near the mouth 
of Lizard Creek, a tributary of the Des Moines River, and almost adjoining 
the town of Fort Dodge. The most southerly point at which it has been 
found exposed is about six miles, by way of the river, from this northerly point 
before mentioned. Our knowledge of the width of the area occupied by it is 
limited by the exposures seen in the valleys of the small streams and in the 
ravines which come into the valley within the distance mentioned. As one goes 
up these ravines and minor valleys, the gypsum becomes lost beneath the over- 
lying drift. There can be no doubt that the different parts of this deposit, now 
disconnected by the valleys and ravines having been cut through it, were orig- 
inally connected as a continuous deposit, and there seems to be as little reason 
to doubt that the gypsum still extends to considerable distance on each side of 
the valley of the river beneath the drift which covers the region to a depth of 
from twenty to sixty feet. 

The country round about this region has the prairie surface approximating 
a general level which is so characteristic of the greater part of the State, and 
which exists irrespective of the character or geological age of the strata beneath, 
mainly because the drift is so deep and uniformly distributed that it frequently 
almost alone gives character to the surface. The valley sides of the Des Moines 
River, in the vicinity of Fort Dodge, are somewhat abrupt, having a depth there 
from the general level of the upland of about one hundred and seventy feet, 
and consequently presents somewhat bold and interesting features in the land- 
scape. 

As one walks up and down the creeks and ravines which come into the 
valley of the Des Moines River there, he sees the gypsum exposed on 
either side of them, jutting out from beneath the drift in the form of 



132 HISTORY OF THE STATE OF IOWA. 

ledges and bold quarry fronts, having almost the exact appearance of 
ordinary limestone exposures, so horizontal and regular are its lines of 
stratification, and so similar in color is it to some varieties of that rock. Tlie 
principal quarries now opened are on Two Mile Creek, a couple of miles below 
Fort Dodge. 

The reader will please bear in mind that the gypsum of this remarkable 
deposit does not occur in "heaps" or " nests," as it does in most deposits of 
gypsum in the States farther eastward, but that it exists here in the form of a 
regularly stratified, continuous formation, as uniform in texture, color and 
quality throughout the whole region, and from top to bottom of the deposit 
as the granite of the Quincy quarries is. Its color is a uniform gray, result- 
ing from alternating fine horizontal lines of nearly Avhite, with similar lines 
of darker shade. The gypsum of the white lines is almost entirely pure, the 
darker lines containing the impurity. This is at intervals barely sufficient in 
amount to cause the separation of the mass upon those lines into beds or layers, 
thus facilitating the quarrying of it into desired shapes. These bedding sur- 
faces have occasionally a clayey feeling to the touch, but there is nowhere any 
intercalation of clay or other foreign substance in a separate form. The deposit 
is known to reach a thickness of thirty feet at the quarries referred to, but 
although it will probably be found to exceed this thickness at some other points, 
at the natural exposures, it is seldom seen to be more than from ten to twenty 
feet thick. 

Since the drift is usually seen to rest directly upon the gypsum, with noth- 
ing intervening, except at a few points where traces appear of an overlying bed 
of clayey material without doubt of the same age as the gypsum, the latter 
probably lost something of its thickness by mechanical erosion during the 
glacial epoch ; and it has, doubtless, also suffered some diminution of thickness 
since then by solution in the waters which constantly percolate through the 
drift from the surface. The drift of this region being somewhat clayey, partic- 
ulary in its lower part, it has doubtless served in some degree as a protection 
against the diminution of the gypsum by solution in consequence of its partial 
imperviousness to water. If the gypsum had been covered by a deposit £>f sand 
instead of the drift clays, it would have no doubt long since disappeared by 
being dissolved in the water that would have constantly reached it from the sur- 
face. Water merely resting upon it would not dissolve it away to any extent, 
but it rapidly disappears under the action of running 'water. Where little rills 
of water at the time of every rain run over the face of an unused quarry, from 
the surface above it, deep grooves are thereby cut into it, giving it somewhat the 
appearance of melting ice around a waterfall. The fact that gypsum is now 
sufi'ering a constant, but, of course, very slight, diminution, is apparent in the 
fact the springs of the region contain more or less of it in solution in their 
waters. An analysis of water from one of these springs will be found in Prof. 
Emery's report. 



HISTORY OF THE STATE OF IOWA. 133 

Besides the clayey beds that are .sometimes seen to rest upon the gypsum, 
there are occasionally others seen beneath them that are also of the same 
age, and not of the age of the coal-measure strata upon which they rest. 

A(/e of the Gypsum Deposit. — In neither the gypsum nor the associated 
clays has any trace of any fossil remains been found, nor has any other indica- 
tion of its geological age been observed, except that which is afforded by its 
stratigraphical relations ; and the most that can be said Avith certainty is that it 
is newer than the coal measures, and older than the drift. The indications 
afforded by the stratigraphical relations of the gypsum deposit of Fort Dodge 
are, however, of considerable value. 

As already shown, it rests in that region directly and unconformably upon 
the lower coal measures ; but going southward from there, the whole series of 
coal-measure strata from the top of the subcarboniferous group to the upper 
coal measures, inclusive, can be traced without break or unconformability. 
The strata of the latter also may be traced in the same manner up into the 
Permian rocks of Kansas; and through this long series, there is no place or 
horizon which suggests that the gypsum deposit might belong there. 

Again, no Tertiary deposits are known to exist within or near the borders 
of Iowa to suggest that the gypsum might be of that age ; nor are any of the 
pahieozoic strata newer than the subcarboniferous unconformable upon each 
other as the other gypsum is unconformable upon the strata beneath it. It 
therefore seems, in a measure, conclusive, that the gypsum is of Mesozoic age, 
perhaps older than the Cretaceous. 

LitJiological Origin. — As little can be said with certainty concerning the 
lithological origin of this deposit as can be said concerning its geological age, 
for it seems to present itself in this relation, as in the former one, as an isolated 
fact. None of the associated strata show any traces of a double decomposition 
of pre-existing materials, such as some have supposed all deposits of gypsum to 
have I'csulted from. No considerable quantities of oxide of iron nor any trace 
of native sulphur have been found in connection with it ; nor lias any salt been 
found in the waters of the region. These substances are common in association 
with other gypsum deposits, and are regarded by some persons as indicative of 
the method of or resultino- from their origin as such. Throughout the whole 
region, the Fort Dodge gypsum has the exact appearance of a sedimentary 
deposit. It is arranged in layers like the regular layers of limestone, and the 
whole mass, from top to bottom, is traced with fine horizontal lamimxj of alter- 
nating white and gray gypsum, parallel with the bedding surfaces of the layers, 
but the whole so intimately blended as to form a solid mass. The darker lines 
contain almost all the impurity there is in the gypsum, and that impurity is 
evidently sedimentary in its character. From these facts, and also from the 
further one that no trace of fossil remains has been detected in the gypsum, it 
seems not unreasonable to entertain the opinion that the gypsum of Fort Dodge 
originated as a chemical precipitation in comparatively still waters which Avere 



134 HISTORY OF THE STATE OF IOWA. 

saturated with sulphate of lime and destitute of life ; its stratification and 
impurities being deposited at the same time as clayey impurities which had been 
held suspended in the same waters. 

Physical Properties. — Much has already been said of the physical proper- 
ties or character of this gypsum, but as it is so different in some respects from 
that of other deposits, there are yet other matters worthy of mention in connec- 
tion with those. According to the results of a complete and exhaustive anal- 
ysis by Prof Emery, the ordinary gray gypsum contains only about eight per 
cent, of impurity ; and it is possible that the average impurity for the whole 
deposit will not exceed that proportion, so uniform in quality is it from to top 
to bottom and from one end of the region to the other. 

When it is remembered that plaster for agricultural purposes is sometimes 
prepared from gypsum that contains as much as thirty per cent, of impurity, it 
will be seen that ours is a very superior article for such purposes. The impu- 
rities are also of such a character that they do not in any way interfere with its 
value for use in the arts. Although the gypsum rock has a gray color, it 
becomes quite white by grinding, and still whiter by the calcining process nec- 
essary in the preparation of plaster of Paris. These tests have all been practi- 
cally made in the rooms of the Geological Survey, and the quality of the plaster 
of Paris still further tested by actual use and experiment. No hesitation, 
therefore, is felt in stating that the Fort Dodge gypsum is of as good a quality 
as any in the country, even for the finest uses. 

In view of the bounteousness of the primitive fertility of our Iowa soils, 
many persons forget that a time may come when Nature will refuse to respond 
so generously to our demand as she does now, Avithout an adequate return. 
Such are apt to say that this vast deposit of gypsum is valueless to our com- 
monwealth, except to the small extent that it may be used in the arts. This 
is undoubtedly a short-sighted view of the subject, for the time is even now 
rapidly passing away when a man may purchase a new farm for less money 
than he can re-fertilize and restore the partially wasted primitive fertility of the 
one he now occupies. There are farms even now in a large part of the older 
settled portions of the State that would be greatly benefited by the proper 
application of plaster, and such areas will continue to increase until it will be 
difiicult to estimate the value of the deposit of gypsum at Fort Dodge. It 
should be remembered, also, that the inhabitants of an extent of country 
adjoining our State more than three times as great as its own area will find it 
more convenient to obtain their supplies from Fort Dodge than from any other 
source. 

For want of direct railroad communication between this region and other 
parts of the State, the only use yet made of the gypsum by the inhabitants is 
for the purposes of ordinary building stone. It is so compact that it is found 
to be comparatively unaffected by the frost, and its ordinary situation in walls 
of houses is such that it is protected from the dissolving action of water, which 



HISTORY OF THE STATE OF IOWA. " 135 

can at most reach it only from occasional rains, and the efiect of these is too 
slight to be perceived after the lapse of several years. 

One of the citizens of Fort Dodge, Hon. John F. Duncombe, built a large, 
fine residence of it. in 1861, the walls of which appear as unaffected by 
exposure and as beautiful as they were when first erected. It has been so long 
and successfully used for building stone by the inhabitants that they now prefer 
it to the limestone of good quality, which also exists in the immediate vicinity. 
This preference is due to the cheapness of the gypsum, as. compared with the 
stone. The cheapness of the former is largely due to the facility with which it 
is quarried and wrought. Several other houses have been constructed of it in 
Fort Dodge, including the depot building of the Dubuque & Sioux City Rail- 
road. The company have also constructed a large culvert of the same material 
to span a creek near the town, limestone only being used for the lower courses, 
which come in contact with the water. It is a fine arch, each stone of gypsum 
being nicely hewn, and it will doubtless prove a very durable one. Many of 
the sidewalks in the town are made of the slabs or flags of gypsum which occur 
in some of the quarries in the form of thin layers. They are more durable 
than their softness would lead one to suppose. They also possess an advantage 
over stone in not becoming slippery when worn. 

The method adopted in quarrying and dressing the blocks of gypsum is 
peculiar, and quite unlike that adopted in similar treatment of ordinary stone. 
Taking a stout auger-bit of an ordinary brace, such as is used by carpenters, 
and filing the cutting parts of it into a peculiar form, the quarryman bores his 
lioles into the gypsum quarry for blasting, in the same manner and with as 
great facility as a carpenter would bore hard wood. The pieces being loosened 
by blasting, they are broken up with sledges into convenient sizes, or hewn 
into the desired shapes by means of hatchets or ordinary chopping axes, or cut 
by means of ordinary wood-saws. So little grit does the gypsum contain that 
these tools, made for working wood, are found to be better adapted for working 
the former substance than those tools are which are universally used for work- 
ing stone. 

MINOR DEPOSITS OF SULPHATE OF LIME. 

Besides the great gypsum deposit of Fort Dodge, sulphate of lime in the 
various forms of fibrous gypsum, selenite, and small, amorphous masses, has 
also been discovered in various formations in difierent parts of the State, includ- 
ing the coal -measure shales near Fort Dodge, where it exists in small quanti- 
ties, quite independently of the great gypsum deposit there. The quantity of 
gypsum in these minor deposits is always too small to be of any practical value, 
and frequently minute. They usually occur in shales and shaly clays, asso- 
ciated with strata that contain more or less sulphuret of iron (iron pyrites). 
Gypsum has thus been detected in the coal measures, the St. Louis limestone, 
the cretaceous strata, and also in the lead caves of Dubu<iue. In most of these 
cases it is evidently the result of double decomposition of iron pyrites and car- 



136 HISTORY OF THE STATE OF IOWA. 

bonate of lime, previously existing there ; in which cases the gypsum is of course 
not an original deposit as the great one at Fort Dodge is supjx>sed to be. 

The existence of these comparatively minute quantities of gypsum in the 
shales of the coal measures and the subcarboniferous limestone which are exposed 
within the region of and occupy a stratigraphical position beneath the great 
gypsum deposits, suggests the possibility that the former may have originated as 
a precipitate from percolating waters, holding gypsum in solution which they 
had derived from that deposit in passing over or through it. Since, however, 
the same substance is found in similar small quantities and under similar con- 
ditions in regions where they could have had no possible connection with that 
deposit, it is believed that none of those mentioned have necessarily originated 
from it, not even those that are found in close proximity to it. 

The gypsum found in the lead caves is usually in the form of efflorescent 
fibers, and is ahvajs in small quantity. In the lower coal-measure shale near 
Fort Dodge, a small mass was found in the form of an intercalated layer, which 
had a distinct fibrous structure, the fibers being perpendicular to the plane of 
the layer. The same mass had also distinct, horizontal planes of cleavage at 
right angles with the perpendicular fibers. Thus, being more or less transpa- 
rent, the mass combined the characters of both fibrous gypsum and selenite. 
No anhydrous sulphate of lime {anliydrite) has been found in connection with 
the great gypsum deposit, nor elsewhere in Iowa, so far as yet known. 

SULPHATE OF STRONTIA. 

{Celes'ine.) • 

The only locality at which this interesting mineral has yet been found in 
Iowa, or, so far as is known, in the great valley of the Mississippi, is at Fort 
Dodge. It occurs there in very small quantity in both the shales of the lower 
coal measures and in the clays that overlie the gypsum deposit, and which are 
regarded as of the same age with it. The first is just below the city, near Rees' 
coal bank, and occurs as a layer intercalated among the coal measure shales, 
amounting in quantity to only a few hundred pounds' weight. The mineral is 
fibrous and crystalline, the fibers being perpendicular to the plane of the layer. 
Breaking also with more or less distinct horizontal planes of cleavage, it resem- 
bles, in physical character, the layer of fibro-crystalline gypsum before men- 
tioned. Its color is light blue, is transparent and shows crystaline facets upon 
both the upper and under surfaces of the layer ; those of the upper surface 
being smallest and most numerous. It breaks up readily into small masses 
along the lines of the perpendicular fibers or columns. The layer is probably 
not more than a rod in extent in any direction and about three ifiches in maxi- 
mum thickness. Apparent lines of stratification occur in it, corresponding with 
those of the shales which imbed it. 

The other deposit was still smaller in amount, and occurred as a mass of 
crystals imbedded in the clays that overlie the gypsum at Cummins' quarry in 



HISTORY OF THE STATE OF IOWA. 187 

the valley of Soldier Creek, upon the north side of the town. The mineral is 
in this case nearly colorless, and but for the form of the separate crystals would 
closely resemble masses of impure salt. The crystals are so closely aggregated 
that they enclose but little impurity in the mass, but in almost all cases their 
fundamental forms are obscured. This mineral has almost no real practical 
value, and its occurrence, as described, is interesting only as a mineralogical 
fact. 

SULPHATE OF BARYTA. 
{BarytiS, Heavy Spar.) 

This mineral has been found only in minute quantities in Iowa. It has 
been detected in the coal-measure shales of Decatur, Madison and Marion 
Counties, the Devonian limestone of Johnson and Bremer Counties and in the 
lead caves of Dubuque. In all these cases, it is in the form of crystals or small 
crystalline masses. 

SULPHATE OF MAGNESIA. 

(Fpsomite.) 

Epsomite, or native epsom salts, having been discovered near Burlington, 
we have thus recognized in Iowa all the sulphates of the alkaline earths of 
natural origin ; all of them, except the sulphate of lime, being in very small 
quantity. Even if the sulphate of magnesia were produced in nature, in large 
quantities, it is so very soluble that it can accumulate only in such positions as 
afford it complete shelter from the rains or running water. The epsomite 
mentioned was found beneath the overhanging cliff of Burlington limestone, 
near Starr's mill, which are represented in the sketch upon another page, illus- 
trating the subcarboniferous rocks. It occurs in the form of efflorescent encrus- 
tations upon the surface of stones and in similar small fragile masses among the 
fine debris that has fallen down beneath the overhanging cliff. The projection 
of the cliff over the perpendicular face of the strata beneath amounts to near 
twenty feet at the point where epsomite was found. Consequently the rains 
never reach far beneath it from any quarter. The rock upon which the epsom- 
ite accumulates is an impure limestone, containing also some carbonate of mag- 
nesia, together with a small pi'oportion of iron pyrites in a finely divided con- 
dition. It is doubtless by double decomposition of these that the epsomite re- 
sults. By experiments with this native salt in the office of the Survey, a fine 
article of epsom salts was produced, but the quantity that might be annually 
obtained there would amount to only a few pounds, and of course is of no prac- 
tical value whatever, on account of its cheapness in the market. 

CLIMATOLOGY. 

No extended record of the climatology of Iowa has been made, yet much of 
great value may be learned from observations made at a single point. Prof. T. 
S. Parvin, of the State University, has recorded observations made from 1839 
to the present time. Previous to 1860, these observations were made at Mus-, 



138 HISTORY OF THE STATE OF IOWA. 

catine. Since that date, they were made in Iowa City. The result is that the 
atmospheric conditions of the climate of Iowa are in the highest degree favor- 
able to health. 

The highest temperature here occurs in August, while July is the hottest 
month in the year by two degrees, and January the coldest by three degrees. 

The mean temperature of April and October most nearly corresponds to the 
mean temperature of the year, as well as their seasons of Spring and Fall, 
while that of Summer and Winter is best represented in that of August and 
December. 

The period of greatest heat ranges from June 22d to August 31st ; the next 
mean time being July 27th. The lowest temperature extends from December 
16th to February 15th, the average being January 20th — the range in each 
case being two full months. 

The climate of Iowa embraces the range of that of New York, Pennsyl- 
vania, Ohio, Indiana and Illinois. The seasons are not characterized by the 
frequent and sudden changes so common in the latitudes further south. The 
temperature of the Winters is somewhat lower than States eastward, but of other 
seasons it is higher. The atmosphere is dry and invigorating. The surface of 
the State being free at all seasons of the year from stagnant water, with good 
breezes at nearly all seasons, the miasmatic and pulmonary diseases are 
unknown. Mortuary statistics show this to be one of the most healthful States 
in. the Union, being one death to every ninety-four persons. The Spring, 
Summer and Fall months are delightful ; indeed, the glory of Iowa is her 
Autumn, and nothing can transcend the splendor of her Indian Summer, which 
lasts for weeks, and finally blends, almost imperceptibly, into Winter. 




HISTORY OF THE STATE OF IOWA. 



DISCOVERY AND OCCUPATION. 

Iowa, in the symbolical and expressive language of the aboriginal inhab- 
itants, is said to signify " The Beautiful Land," and was applied to this 
magnificent and fruitful region by its ancient owners, to express their apprecia- 
tion 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 westward to the Pacific Ocean, was 
a Spanish province. A brief historical sketch of the discovery and occupation 
of this grand empire by the Spanish and French governments Avill be a fitting 
introduction to the history of 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, fifty years after Columbus discovered the New 
World, and one hundred and thirty years before the French missionaries discov- 
ered its upper waters, Ferdinand De Soto discovered the mouth of the jNIississippi 
River at the mouth of the Washita. After the sudden death of De Soto, 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 Avith the usage of nations, under which title to the soil was 
claimed by right of discovery, Spain, having conquered Florida and discovered 
the JNIississippi, claimed all the territory bordering on that river and the Gulf of 
Mexico. But it was also held by the European nations that, while 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 Frnnce. 

The unparalleled labors of the zealous Fr( nc i Jesuits of Canada in penetrating 
the unknown region of the West, commencing; in 1611, form a historv of no ordi- 
nary 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 ton or twelve of the principal Indian nations was held. 
The Pottawatomies of Lake Michigan, the Sacs and Foxes of the West, the 
Hurons from the North, the Illinois from the South, and the Sioux from tlie 
land of the prairie and wild rice, were all assembled there. The Illinois told 



140 HISTORY OF THE STATE OF IOWA. 

the storv of their ancient glorv and about the noble river on the banks of whicli 
they dwelt. The Sioux also told their white brother of the same great river, 
and AUouez 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 na- 
tions had given such glowing accounts appears to have originated with Mar- 
quette, 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 
undertaking, and spent the interval in studying the language and habits of the 
Illinois Indians, among whom he expected to travel. 

About this time, tlie French Government had determined to extend the do- 
minion of France to the extreme western borders of Canada. Nicholas Perrot 
was sent as the agent of the government, to propose a grand council of the 
Indian nations, 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 friend- 
ship 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. Law- 
rence, 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 
vemn ants 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 Perrot's mission, and the general friend- 
liness of the native tribes, rendered the contemplated expedition much less per- 
ilous. 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. 

The Indians, who had gathered in large numbers to witness his departure, 
were astounded at the boldness of the proposed undertaking, and tried to dis- 
courage him, representing that the Indians of the Mississippi Valley were cruel 
and bloodthirsty, and would resent the intrusion of strangers upon their domain. 
The great river itself, they said, was the abode of terrible monsters, who could 
swallow both canoes and men. 

But Marquette was not to be diverted from his purpose by these fearful re- 
ports. He assured his dusky friends that he was ready to make any sacrifice, 
even to lay down his life for the sacred cause in which he was engaged. He 
prayed with them ; and having implored the blessing of God upon his undertak- 
ing, on the loth day of May, 1673, with Joliet and five Canad'an-French voy- 
ageurs, 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 



HISTORY OF THE STATE OF IOWA. 141 

the pity He had bestowed on them during the Winter, in having given them 
abundant chase." 

This was the extreme point beyond whicli tlie explorations of the French 
missionaries had not then extended. Here Marquette was instructed by his 
Indian hosts in the secret of a root that cures the bite of the venomous rattle- 
snake, drank mineral water with them and was entertained with generous hos- 
pitality. He called together the principal men of the village, and informed 
them that his companion, Joliet, had been sent by the French Governor of Can- 
ada 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 heai ers that on this mission he had 
no fear of death, to which he knew he would be exposed on his perilous journeys. 

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. Conduct- 
ing 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 land -d a little above the mouth of the river now 
known as Des Moines, and for the first time Europeans trod the soil of Iowa. 
Leaving the Canadians to guard the canoes, Marquette and Joliet boldly fol- 
lowed the trail into the interior for fourteen miles (some authorities say six), to 
an Indian village situate on the banks of a river, and discovered two other vil- 
lages, on the rising ground about 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 Mon- 
in-gou-ma or Moingona, which was the name of the river on which 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 an<l the 
authority of the King of France they proclaimed were received without hos- 
tility 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 his journey. 

It is needless to follow him further, as his explorations beyond his discovery 
of Iowa more properly belong to the history of another State. 

In 1682, La Salle descended the Mississippi to the Gulf of Mexico, and in 
the name of the King of France, took formal j)ossession 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 XIY. The river he 
called " Colbert,"' aftrr the French Minister, and at its mouth erected a column 
and a cross bearing the inscription, in the French language, 

" Louis the Great, King op France and Navarre, 
Reigning April 9tii, 1682." 

At the close of the seventeenth century, France claimed, by right of dis- 
covery and occupancy, the whole valley of the Mississippi and its tributaries, 
including Texas, as Far as the Rio del Norte. 



142 HISTORY OF THE STATE OF IOWA 

The province of Louisiana stretched from the Gulf of Mexico to the sources 
of the Tennessee, the Kanawha, the Allegheny and the Monongahela on the 
east, and the Missouri and the other great tributaries of the Father of Waters 
on the west. Says Bancroft, " France had obtained, under Providence, the 
guardianship of this immense district of country, not, as it proved, for her own 
benefit, but rather as a trustee for the infant nation by which it was one day to 
be inherited." 

By the treaty of Utrecht, France ceded to England her possessions 
in Hudson's Bay, Newfoundland and Nova Scotia. France still retained 
Louisiana ; but the province had so far failed to meet the expectations of the 
crown and the people that a change in the government and policy of the country 
was deemed indispensable. Accordingly, in 1711, the province was placed in 
the hands of a Governor General, with headquarters at Mobile. This govern- 
ment was of brief duration, and in 1712 a charter was granted to Anthony 
Crozat, a Avealthy merchant of Paris, giving him the entire control and mo- 
nopoly of all the trade and resources of Louisiana. But this scheme also failed. 
Crozat met with no success in his commercial operations ; every Spanish harbor 
on the Gulf was closed against his vessels; the occupation of Louisiana was 
deemed an encroachment on Spanish territory ; Spain was jealous of the am- 
bition of France. 

Failing in his efforts to open the ports of the district, Crozat "sought to 
develop the internal resources of Louisiana, by causing trading posts to be 
opened, and explorations to be made to its remotest borders. But he 
actually accomplished nothing for the advancement of the colony. The only 
prosperity Avhich it ever possessed grew out of the enterprise of humble indi- 
viduals, who had succeeded in instituting a little barter betwean themselves 
and the natives, and a petty trade with neighboring European settlements. 
After a persevering effort of nearly five years, he surrendered his charter in 
August, 1717." 

Immediately following the surrender of his charter by Crozat, another and 
more magnificent scheme was inaugurated. The national government of France 
was deeply involved in debt; the colonies were nearly bankrupt, and John Law 
appeared on the scene with his famous Mississippi Company, as the Louisiana 
branch of the Bank of France. The charter granted to this company gave it a 
legal existence of twenty-five years, and conferred upon it more extensive powers 
and privileges than had been granted to Crozat. It invested the new company 
with the exclusive privilege of the entire commerce of Louisiana, and of New 
France, and with authority to enforce their rights. The Company was author- 
ized to monopolize all the trade in the country ; to make treaties with the 
Indians ; to declare and prosecute war ; to grant lands, erect forts, open mines 
of precious metals, levy taxes, nominate civil officers, commission those of the 
army, and to appoint and remove judges, to cast cannon, and build and equip 
ships of w^ar. All this Avas to be done with the paper currency of John Law's 
Bank of France. He had succeeded in getting His Majesty the French King 
to adopt and sanction his scheme of financial operations both in France and in 
the colonies, and probably there never was such a huge financial bubble ever 
blown by a visionary theorist. Still, such was the condition of France that it 
was accepted as a national deliverance, and Law became the most powerful man 
in France. He became a Catholic, and was appointed Comptroller General of 
Finance. 

Among the first operations of the Company was to send eight hundred 
emigrants to Louisiana, who arrived at Dauphine Island in 1718. 



HISTORY OF THE STATE OF IOWA. 143 

In 1719, Philipe 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 sources of the ^lississippi. Fort Orleans, high up 
the Mississippi River, was erected as an outpost in 1720, 

The Mississippi scheme Avas 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 were overthrown, capi- 
talists suddenly found themselves paupers, and labor was left without employ- 
ment. The effect on the colony of Louisiana was 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 into the vicinity of the French settlements, 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 si^ge of Detroit in 
1712, a siege which they continued for nineteen consecutive days, and although 
the expedition resulted 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 were 
finally defeated at the great battles of Butte des Morts, and on the Wisconsin 
River, and driven west in 174G. 

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 1735, Bien- 
ville returned to assume command for the King. 

A glance at a few of the old French settlements 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 tlour were manufactured and shipped to New Orleans, together with consider- 
able quantities of hides, peltry, tallow and beeswax. 

In the Illinois country, also, considerable settlements 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 settle- 



144 HISTORY OF THE STATE OF IOWA. 

ments toward 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 purpose of seizing every 
Englishman within the Ohio A' alley. 

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 Vir- 
ginia, and had commenced a line of forts extending from the lakes to tlie 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 encroachments of the 
French. 

In 17o3, Governor Dinwiddie, of Virginia, sent George Washington, then a 
young man just twenty-one, to demand of theFrench commandant " a reason 
for invading British dominions while a solid peace subsisted." Washington met 
the French commandant, Gardeur de St. Pierre, on the head waters 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 dis- 
coveries of La Salle, 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 beo;un there bv 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 pris- 
oners. The dead were scalped by the Indians, and the chief, bearing a toma- 
hawk 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, De Villiers invested the fort with 
600 French troops and 100 Indians. On the 4tli, Washingfon accepted 
terms of capitulation, and the English garrison withdrew from the valley of 
the Ohio. 

Tliis attack of Washington upon Jumonville aroused the indignation of 
France, and war was formally declared in May, 175(3, 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 formally ratified 
by the respective governments, on the 3dof November, 1762 — France relinquished 
to Great Britian 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 on the west side of the Mississippi, including the 



HISTORY OF THE STATE OF IOWA. 145 

wliole country to the head waters 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 ]iarallel of north latitude. At the same time. Great Britain ceded to 
Sjjain 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 
Avas 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 pros- 
perity 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 govern- 
ment claimed the exclusive right to use and control it below the southern boun- 
dary 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 (Jrown, 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 eas:ern tributaries ; they had a natural right, according to the accepted in- 
ternational law, to follow these rivers to the sea, and to the use of the jNlissis- 
sippi River accordingly, as the great natural channel of commerce. The river 
was not only necessary but absolutely indispensable to the prosperity and growth 
of the western settlements then rapidly rising into commercial and political 
importance. They were situated in the heart of the great valley, and with 
wonderfully expansive energies and accumulating 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 numbc^>rs were insufiicient to enable them to maintain 
their right by force. Inevitaldy, therefore, immediately after the ratification of 
the treaty of 1783, the \Ve.5rern people began to demand the free navigation 
of the Mississippi — not as a f ivor, but as a right. In 1786, both banks of 
the river, below the mouth of tlie Ohio, w^ere occupied by Spain, and military 
posts on the east bank enforced her power to exact heavy duties on all im- 
ports 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 the 
Spanish authorities. Under the administration of Governor Miro, these rigor- 
ous 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 ])eople. 
that tiie Mississippi should be opened to them, in 1791, the Spanish Govern- 
ment 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 fiivorable commercial ])rivileges, 
provided they Avould secede from the Federal Government east of the mountains. 
The Spanish Minister to the United States plainly declared to his confidential 
correspondent tiiat, unless the AVestern ])eople would declare their independence 



146 HISTORY OF THE STATE OF IOWA. 

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 stip- 
ulatecl 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 for their merchandise and produce, duty free. 

In November, 1801, the United States Government received, through Rufus 
King, its Minister at the Court of St. James, a copy of the treaty between Spain 
and France, signed at Madrid March 21, 1801, by which the cession of Loui- 
siana to France, made the previous Autumn, was confirmed. 

The change offered a favorable opportunity to secure the just rights of the 
United States, in relation to the free navigation of the Mississippi, and ended 
the attempt to dismember the Union by an effort to secure an independent 
government west of the Alleghany Mountains. On the 7th of January, 1803, 
the American House of Representatives adopted a resolution declaring their 
" unalterable determination to maintain the boundaries and the rights of navi- 
gation 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 James Monroe to the Court of 
Spain, with plenary powers to negotiate treaties to effect the object enunciated 
by the popular branch of the National Legislature. These envoys were in- 
structed to secure, if possible, the cession of Florida and New Orleans, but it 
does not appear that Mr. Jefferson and his Cabinet 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, contain- 
ing 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 glori- 
ous 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 diplo- 
matist quietly suggested to the American Minister that France might be willing 
to cede the whole French domain in North America to the United States, and 
asked how much the Federal Government would be willing to give for it, Liv- 
ingston intimated that twenty millions of francs might be a fair price. Talley- 
rand thought that not enough, but asked the Americans 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 the 30th day of April, 1803. 

This treaty was ratified by the Federal Government, and by act of Congress, 
approved October 31, 1803, the President of the United States was authorized 
to take possession of the territory and provide for it a temporary government. 
Accordingly, on the 20th day of December foil iwing. on behalf of the Presi- 
dentj Gov. Clairborne and Gen. Wilkinson took possession of the Louisiana 



HISTORY OF THE STATE OF IOWA. ' 147 

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 with- 
drew 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 Avest, so rich in its agricultural and inexhaustible mineral 
resources, would have remained under the dominion of a foreign power. To 
Napoleon's desire to sell the whole of his North American possessions, and Liv- 
ingston'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 1st day of October following, divided : that part 
lying south of the 33d 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 Indiana 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 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 Terri- 
tory of that name, was admitted to the Union. June 28, 1834, the territory 
west of the Mississimji Iliver and north of Missouri was made a part of the 
Territory of Michigan ; but two years later, on the 4th of July, 1836, Wiscon- 
sin Territory was erected, embracing within its limits the present States of 
Iowa, Wisconsin and Minnesota. 

By act of Congress, approved June 12, 1838, 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 Mis- 
sissippi, of which the State of Iowa constitutes a part, from the earliest dis- 
covery 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 jierfected title 
to any territory. We have seen that the country west of the Mississippi was first 
discovered by the Spaniards, but afterward, was visited and occupied by the 
French. It was ceded by France to Spain, and by Spain back to France again. 



148 HISTORY OF THE STATE OF IOWA. 

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, although savage, owned the vast domain 
before Columbus first crossed the Atlantic. Having purchased the territory, 
the United States found it still in the possession of its original owners, who had 
never been dispossessed ; and it became necessary to purchase again what had 
already been bought before, or forcibly eject the occupants ; therefore, the his- 
tory of the Indian nations who occupied Iowa prior to and during its early set- 
tlement by the whites, becomes an important chapter in the history of the State, 
that cannot 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 undis- 
puted possession of the native tribes, Avho 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 possession 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 warlike tribe which, originally two distinct nations, 
residing in New York and on the waters of the St. Lawrence, had gradually 
fouglit 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 
wei'e nearly destroyed and their hunting grounds possessed by their victorious 
foes. The lowas 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 Avarlike foes, the 
Northern Sioux, with whom they maintained a constant warfare for the posses- 
sion of the country for many years. 

When the United States came in possession of the great valley of the Mis- 
sissippi, by the Louisiana purchase, the Sacs and Foxes and lowas possessed 
the entire territory now comprising the State of Iowa. The Sacs and Foxes, 
also, occupied the most of the State of Illinois. 

The Sacs had four principal villages, where most of them resided, viz. : 
Their largest and most important town — if an Indian village may be called 
such — and from which emanated most of tlie obstacles and difficulties encoun- 
tered 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 L^pper Iowa. 

The Foxes had three principal villages, viz. : One on the west side of tlie 
Mississippi, six miles above the rapids of Rock River ; another about twelve 



HISTORY, OF TilE STATE OF IOWA. 149 

miles from the river, in the rear of the Dubuque lead mines, and the third on 
Turkey River. 

The lowas, at one time identified with the Sacs, of 'Rock River, had with- 
drawn from them and become a separate tribe. Their principal village was on 
the Des Moines River, in A'an Buren County, on tlie site where lowaville now 
stands. Here the last great battle between the Sacs and Foxes and the lowas 
was fought, in Avhich Black Hawk, then a young man, commanded one division 
of the attacking forces. The following account of the battle has been given : 

'Contrary to long established custom of Indian attack, this battle was commenced in the day 
time, the attending circumstances justifying this departure from the well settled usages of Indian 
warfare. The battle iield was a level river bottom, about four miles in length, and two miles 
wide near the middle, narrowing to a point at either end. The nnin area of this bottom rises 
perhaps twenty feet above the river, leaving a narrow strip of low bottom along the shore, covered 
with trees that belted the prairie on the river side with a thick forest, and the immediate bank of 
the river was fringed with a dense growth of willows. Near the lower end of this prairie, near 
the river bank, was situated the Iowa village. About two miles above it and near the middle of 
the prairie is a mound, covered at the time with a tuft of small trees and underbrush growing on 
its summit. In the rear of this little elevation or mound lay a belt of wet prairie, covered, at that 
time, with a dense growth of rank, coarse grass. Bordering this wet prairie on the north, the 
country rises abruptly into elevated broken river bluffs, covered with a heavy forest for many 
miles in extent, and in places thickly clustered with undergrowth, affording a convenient shelter 
for the stealthy approach of the foe. 

" Through this forest the Sac and Fox war party made their way in the night and secreted 
themselves in the tall grass spoken of above, intending to remain in ambush during the day and 
make such observations as this near proximity to their intended victim might afford, to aid them 
in their contemplated attack on the town during the following night. From this situation their 
spies ould take a full survey of the village, and watch every movement of the inhabitants, by 
which means tliey were soon convinced that the lowas had no suspicion of their presence. 

" At the foot of the mound above mentioned, the lowas had their race course, where they diverted 
themselves with the excitement of horse r.icing, and schooled their young warriors in cavalry 
evolutions. In these exercises mock battles were fought, and the Indian tactics of attack and 
defense carefully inculcated, by which meansa skill in horsemanship was acquired rarely excelled. 
Unfortunately for them this day was selected for their equestrian sports, and wholly uncon- 
scious of the proximity of their foes, the warriors repaired to the race ground, leaving most of 
their arms in the village and their old men and women and children unprotected. 

" Pash-a-po-po, who was chief in command of the Sacs and Foxes, perceived at once the 
advantage this state of things afiForded for a complete surprise of his now doomed victims, and 
ordered Black Hawk to file off with his young warriors through the tall grass and gain the cover 
of the timber along the river bank, and with the utmost speed reach the village and commence 
the battle, while he remained with his division in the ambush to make a simultaneous as-ault on 
the unarmed men whose attention was engrossed with the excitement of the races. The pi m 
was skillfully laid and most dexterously executed. Black Hawk with his forces reached the 
village undiscovered, and made a furious onslaught upon the defenseless inhabiiants, by firino- 
one general volley into their midst, and completing the slaughter with the tomahawk and scalp- 
ing knife, aided by the devouring flames with which they enveloped the village as sooa as the 
fire brand could be spread from lodge to lodge. 

"On the inslant of the report of firearms at the village the forces under Pash-i-popo 
leaped from their couchant position in the grass and sprang tiger-like upon the astoni.-<hed and 
unarmel lowas in the midst of their r.;cing sp.jrts. The fir-t impulse of tlie latter naturally led 
them to m\ke the utmost speed toward their arms in the village, and protect if possible their 
wives and oh 1 Ircn from the attack of their merciless assaihxnts. The distance from the plac.> of 
attack on the prairie was two miles, and a gre.at number fell in their flight by the bullets and 
tomahawks of their enemies, who pressed them closely with a running tire the whole way. aud 
the survivors only reached their town in time to witness the horrors of its destruction. Tiieir 
whole village was in fl:im:s, and the dearest objects of their lives lay in slaughtered heaps 
amidst the devouring clem n', an 1 th} agonizing groans of t!ie dying, mingled with th> extilting 
shouts.of the victorious foe, fiUe \ their he irts with maddening despair. Their wives an 1 children 
who had been spared the general massacre were prisoners, and to^eiher with their arms were in 
the hands of the victors ; and all that could now be done was to draw off their shattered and 
defenseless forces, and save as mauj' lives as possible by a retreit acr<iss the DesMoine< River, 
which they effected in the best possible manner, and took a position among the Soap Creek 
Hills." 

The Sacs and Fo.xes, prior to the settlement of their village on Rock River, 
hi}(] n fierce conflict with the Winnebagoes, subdued them and took Dosse&sion 



150 HISTORY OF THE STATE OF IOWA. 

of 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 village 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 bluff's 
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 
riA'als in savage and bloody warfare. The possessions of these tribes were 
mostly located in Minnesota, but extended 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, n, 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 others side of the line. These contests were kept up and became so unre- 
lenting that, in 1830, Government bought of the respective tribes of the Sacs 
and Foxes, and tlie Sioux, a strip of land twenty miles in width, on both sides 
of the line, and thus throwing them forty miles apart 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 this 
ground unmolested, provided they did not interfere with each other on 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 of Ko-ko-wah, 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 deter- 
mined 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 dis- 
cover 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 vin- 
dictive 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 assail- 
ants, 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 twenty rods, and he fell dead. Three 
other Sac braves were killed. But few of the Sioux escaped. The victorious 



HISTORY OF THE STATE OF IOWA. 151 

party hurriedly buried their own dead, leaving the dead Sioux above ground, 
and made their way home, with their captive, with all possible expedition. 

pike's 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 
conciliation of the numerous tribes of Indians by whom it was possess3d, 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 head(iuarters at St. Louis. From this post, Captains Lewis and Clark, 
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 Mis- 
sissippi. Lieut. Pike, with one Sergeant, two Corporals and seventeen privates, 
left the military camp, near St. Louis, in a keel-boat, with four months" rations, 
on the 9th day of August, 1805. On the 20th of the same month, the expe- 
dition arrived within the present limits 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 newlv acquired territory of Louisiana, and has ordered the 
General to send a number of his warriors in different directions to take them by 
the hand and make 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 28d 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° 21' 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, Avhile 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 
tAvo 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 sometime 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 pur- 



152 HISTORY OF THE STATE OF IOWA. 

suit of them, and he continued on his -way up the river, expecting that the two 
men wouhl 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 in- 
duced two Indians to take them up the river, and they overtook 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 pub- 
lish the wealth of his mines, and the young and evidently inquisitive officer 
obtained but little information from him. 

After leaving this place. Pike pursued his way up the river, but as he passed 
beyond the limits of the present State of Iowa, a detailed history of his explo- 
rations on the upper waters of the Mississippi more properly belongs to the his- 
tory 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 that 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 whole Northwest, 
Pike returned to St. Louis, arriving there on the 30th of April, 1806. 

INDIAN WARS. 

. 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 removed. 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 con- 
trol 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 other 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 
1804 until his death. In early manhood he attained some distinction as a 
fighting chief, having led campaigns against the Osages, and other neighboring 



HISTORY OF THE STATE OF IOWA. 153 

tribes. About the beginning of the present century he began to appear prom- 
inent in aft'airs on the Mississippi. Some historians have added to the statement 
that " it does not appear that he was ever a great general, or possessed any of 
the qualifications of a successful leader." If this was so, his life was a marvel. 
How any man who had none of the qualifications of a leader became so prom- 
inent 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 theAmericans, it was certainly not without some reason. 

It will be remembered tliat 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, but 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 transferred 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, then Governor of Indiana Territory, on behalf of the United 
States, and five chiefs of the Sac and Fox nation, by which the latter, in con- 
sideration of two thousand two hundred and thirty-four dollars' Avorth of goods 
then delivered, and a yearly annuity of one thousand dollars to be paid in 
goods at just cost, ceded to the L^nited States all that land on the east side of 
the Mississppi, 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 tire title of the nation to any of the lands they 
held or occupied ; and, moreover, 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 Zebulon M. Pike came up 
the river for the purpose of holding friendly councils Avith the Indians and select- 
ing sites for forts within the territory recently acquired from France by the 
United States. Lieutenant 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 account 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 



154 HISTORY OF THE STATE OF IOWA. 

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 Avere 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 in- 
terview with the commander; after which they returned home apparently satis- 
fied. In like manner, when Fort Madison was being erected, they sent down 
another delegation from a council of the nation held at Rock River. Accord- 
mg to Black Hawk's account, the American chief told them that he was build- 
*ing 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 enci'oachment 
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 that 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 citizen 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 
establishment of military posts as coming 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 indig- 
nant. 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 them- 
selves near the fort, and attack and surprise them when they were outside. On 
the morning of the proposed day of attack, five soldiers came out and were fired 
upon by the Indians, two of them being killed. The Indians were too hasty in 
their movement, 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 finding their efforts unavailing, they 
soon gave up and returned to Rock River. 

When war was declared between the United States and Great Britain, m 
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 circum- 
stances as follows : " Several of the chiefs and head m^i 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 faking place with England, not to 
interfere on either side, but to remain neutral. He did not want our help, but 
wished us to hunt 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, but that we should be supplied with an American trader. Our 



HISTORY OF THE STATE OF IOWA. 155 

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 Avould have plenty of goods ; 
that Ave 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 of 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 that they pleaded the 
promise of their great father at Washington. The trader was inexorable ; and. 
disappointed and crestfallen, they turned sadly toward their own village. ''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 imme- 
diately, because he had good news for us, and a variety of presents. The 
express presented us Avith 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 Avar by being deceived." 

He joined the British, Avho flattered him, styled him " Gen. Black Hawk, ' 
decked him with medals, excited his jealousies against the Americans, and 
armed his band ; but he met with defeat and disappointment, and soon aban- 
doned the service and came home. 

With all his skill and courage. Black Hawk Avas 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 cultiA^ate 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, organizeil, 
Avith Keokuk for their chief. This divided the nation into the " War and the 
Peace party." 

Black Hawk says he was informed, after he had gone to the war, that the 
nation, Avliich had been reduced to so small a body of fighting men, Avere unable 
to defend themselves in case the Americans should attack them, and havmg all 
the old men and women and children belonging to the Avarriors who had joined 
the British on their hands to provide for, a council was held, and it Avas agreed 
that Quash- qua-me (the Lance) and other chiefs, together with the old men, 
Avomen and children, and such others as chose to accompany them, should go to 
St. Louis and place themselves undei' the American chief stationed there. 
They accordingly Avent down, and Avere received as the "friendly band " of the 
Sacs and Foxes, and were provided for and sent up the Missouri River. On 
Black HaAvk's return from the British army, he says Keokuk Avas 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 ; Avhereupon a council was held, which concluded to leave the village 
and cross over to the Avest 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 ncA^er 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 



156 HISTORY OF THE STATE OF IOWA. 

obtained for him. Keokuk then addressed the chiefs ; he remonstrated against 
the desertion of their 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 en- 
countered 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 fig- 
ures from the stores of nature and based his arguments on skillful logic. Un- 
fortunately for the reputation of Keokuk, as an orator among white people, he 
was never able to obtain an interpreter who could claim even a slight acquaint- 
ance with philosophy. With one exception only, his interpreters were unac- 
quainted with the elements of their mother-tongue. Of this serious hindrance 
to his fame, Keokuk was well aware, and retained Frank Labershure, who had 
received 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 reproduction. He had sufficient knowledge of the English language to make 
him sensible of this bad rendering of his thoughts, and often a feeling of morti- 
fication 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 under- 
stood 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 resources 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 Avar 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 Avishes 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 Avhich he admitted 
the justice of their complaints against the Americans. To seek redress was a 
noble aspiration of their nature. The blood of their brethren 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 bat- 
tle, if, after fully considering the matter, you are determined to go. But before 



HISTORV OF THK STATH OF IOWA. 157 

you decide on taking tliis important step, it is wise to inquire into tlie chances of 
success." He then portrayed to them the great power of tlie United States, 
against whom they would have to contend, tliat tlieir chance of success was 
utterly hopeless. " But," said he, " if you do determine to 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 lin<xerino: 
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 aban- 
don the rash undertaking. 

But during the war of 1832, it is now considered certain that small l^ands 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 dep- 
redations. 

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 
signing the treaty he was giving away his village. This Aveighed 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 southernmost 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 and adjacent to Fever River, 
and one league square at the mouth of the Wisconsin River. 

THE BLACK HAWK WAR. 

The immediate cause of the Indian outbreak in 1830 was the occupation of 
Black Hawk's village, 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 repossess their village 
at all hazards, and early in the Spring of 1831 recrossed the Mississippi 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 lb04, to Avhich 
they attributed all their troubles, that the Indians should not be obliged to 
leave their lands until they w^ere 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 In<lians had good cause for indignation and complaint. 
But the wliites, driven out in turn by the returning Indians, became so clamorous 
against what they termed the encroachments of the natives, that Gov. Reynolds, of 
Illinois, ordered Gen Gaines to Rock Island with a military 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 



158 HISTORY OF THE STATE OF IOWA. 

some of his own people ; in other words, that there w^ould be no war unless it should 
be commenced by the pale faces. But it was said and probably thought by the mili- 
tary 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 experi- 
ence had been that, when well treated, their Indian neighbors were not danger- 
ous. Black Hawk and his band had done no more than to attempt to repossess the 
the old homes of which they had been deprived in their absence. No blood 
had been shed. Black Hawk and his chiefs sent a flag of truce, and a new 
treaty was made, by which Black Hawk and his band agreed to remain forever 
on the Iowa side and never recross the river without the permission of the 
President or the Governor of Illinois. Whether the Indians clearly understood 
the terms of this treaty is uncertain. As was usual, the Indian traders had 
dictated terms on their behalf, and they had received a large amount of pro- 
visions, etc., from the Government, but it may Avell be doubted whether the 
Indians comprehended that they could never revisit the graves of their fathers 
without violating their treaty. They undoubtedly thought that they had agreed 
never to recross the Mississippi with hostile intent. HoAvever this may be, on 
the 6th day of April, 1832, Black Hawk and his entire band, with their Avomen 
and children, again recrossed the Mississippi in plain view of the garrison of 
Fort Armstrong, and went up 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 ; but 
it does not appear that he made any such attempt, nor did his apearance 
create any special alarm among the settlers. They knew that the Indians never 
went on the war path encumbered with the old men, their Avomen and their 
children. 

The G-alenian^ printed in Galena, of May 2, 1832, says that Black Hawk 
was invited l)y the Prophet and had taken possession of a tract about forty 
miles up Rock River ; but that he did not remain there long, but commenced 
his march up Rock River. Capt. W. B. Green, who served in Capt. Stephen- 
son's company of mounted rangers, says that " Black Hawk and h^s band 
crossed the river Avith no hostile intent, 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 Avith a friendly tribe on the head Avaters of 
the Rock and Illinois Rivers, by invitation from their chief Other old set- 
tlers, who all agree that Black HaAvk had no idea of fighting, say that he came 
back to the Avest side expecting to negotiate another treaty, and get a ncAv 
supply of provisions. The most reasonable explanation of this movement, AAdiich 
resulted so disastrously to Black Hawk and his starving people, is that, during 
the Fall and Winter of 1831-2, his people became deeply indebted to their 
favorite trader at Fort Armstrong (Rock Island). They had not been fortunate 
in hunting, and he Avas likely to lose heavily, as on Indian debt Avas outlaAved 
in one year. If, therefore, the Indians could be induced to come 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. -lust a week after Black HaAvk crossed the river, on 
the 13th of April, 1832, George Davenport Avrote 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 



HISTORY OF THE STATE OF IOWA. 159 

yet, from the 6th day of April until after Stillman's men commenced war by 
firing on a 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, concluding that the whites, refusing to treat Avitli him, were determined 
to exterminate his people, determined to return to the Iowa side of the Missis- 
sippi. He could not return by the way he came, for the array was behind him, 
an array, 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 ensued. Here, again, he sued for peace, and, through his trusty Lieu- 
tenant, "the Prophet," the whites were plainly informed that the starving 
Indians did not wish to fight, but Avould return to the west side of the Missis- 
sippi, peaceably, if they could be permitted to do so. No attention was paid to 
this second eff'ort to negotiate peace, and, as soon as 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 shovdd 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 Barracks until the 
Spring of 1833, Avhen 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 order of the President, lie Avas brought 
back to Iowa through the principal Eastern cities. Crowds flocked to see him 
all along his route, and he was very much flattered by the attentions he 
received. He lived among his people on the Iowa Biver 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 & 
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 Missouri 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 dollars in specie, and to 
pay the debts of the Indians at Rock Island, which had been accumulating for 



160 HISTORY OF THE STATE OF IOWA, 

♦ 

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 fillen 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." Although it was 
not the first portion of loAva 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 June following, 
when the Indians quietly removed from tlie 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 in- 
lcudin«; 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 assem- 
blage 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 removed 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 Claire, interpreter, in fee simple, one section of land 
opposite Rock Island, and another at the head 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 the Sacs and Foxes to their new reservation 
on the Des Moines River, Gen. Joseph M. Street was transferred from the 
agency of the Winnebagoes, at Prairie du Chien, to establish an agency 
among them. A farm was selected, on which the necessary buildings were 
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. superin- ' 
tend the farm and dispose of the crops. Two mills Avere 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 Avas interpreter for Hard Fish's band. Three of the Indian chiefs, Keo- 
kuk, 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 Avhat 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 estab- 
lished his post at Avhat is now the site of Eddyville. 

The Indians at this a2;encv 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. 



HISTORY OF THE STATE OF lOAVA. 161 

In May, 1843, most of tlie 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 possession 
of the " New Purchase " till the Autumn 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 ivith the Sioux — Made July 19, 181 o ; ratified December 16, 1815. This treaty 
was made at Portage des Sioux, between the Sioux of Minnesota and Upper Iowa and the United 
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 Sics. — 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 
1-ith 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 separate from the Sacs of Rock River, who, under Black Hawk, had joined the British 
in the war just then closed. 

3 Treaty with the £oxe.f. — A separate treaty of peace was made with the Foxes at Portage 
des Sioux, by the same Commissioners, on the 14th of September, 1815, and ratified the same as 
the above, wherein the Foxes re-affirmed the treaty of St. Louis, of November m, 1804, and 
agreed to deliver up all their prisoners to the officer in command at Fort Clark, now Peoria, 
Illinois. 

4. Treaty with the loicas. — 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 dale as the others. 

o. Treaty ivith the Sacs of Rork River — Made at St. Louis on the 13th of jMay, 1816, between 
the United States and the Sacs of Ilock River, by the Commissioners. William Clark, Ninian 
Edwards and Auguste Choteau, and ratified December 30, 1816. In this treaty, that of 1804 
was reestablished and confirmed by twenty-two chiefs and head men of the Sac3 of Rock River, 
and Black Hawk himself attached to it his signature, or, as he said, •• touched the goose quill.'' 

6. Treaty of 1S2A — 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 ^lissouri and that portion 
of the .southeast corner of Iowa known as the " Half-Breed Tract" was set otf and reserved for 
ihe use of the half-breeds of the Sacs and Foxes, they holding title in the same manner as In- 
dians. Ratified January 18, 1825. 

7. Treaty of August 19, 1825. — .^t this date a treaty was made by William Clark and Lewis 
Cass, at Prairie du Chien, between the United States and the Chippewas, Sacs and Foxes. Me- 
nomonees, Winnebagoes and a portion of the Ottawa" 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 the 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 the fork to its source ; thence cross- 
ing the fork of Red Cedar Ilivor 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 tlie IMissouri 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 aforesaid 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, extend- 
ing along the Clark and Cass line of 1825, from the Mississippi to the Des Moines River. Thir 
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 wnh the S'ics and Foxes and other Tribes — At the same time of the above treaty re- 
specting the " Neutral Ground" (July 15, 1830), the Sacs and Foxes. Western Sioux, Omahas, 
lowas and Missouris ceded to the United States a portion of the western slope of Iowa, the boun- 
daries 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 Calumet, on the east side : thence down said creek and the Calumet 



162 HISTORY OF THE STATE OF IOWA. 

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 pur- 
poses. 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 Santie bands of Sioux, three thousand dollars; to the 
Omahas, two thousand five hundred dollars; and to the Ottoes 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 imple- 
ments 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 1840-41. 

This treaty was made by William Clark, Superintendent of Indian afl"airs, and Col. Willoughby 
Morgan, of the United States First Infantry, and came into effect by proclamation, February 
24, 1831. 

10. Treaty with the Winnebagoes. — Made at Fort Armstrong, Rock Island, September 15, 1832, 
by Gen. Winfield Scott and Hon. John Reynolds, Govei-nor of Illinois. In this treaty the Win- 
nebagoes ceded to the United States all their land lying on the east side of the Mississippi, and 
in part consideration therefor the United States granted to the Winnebagoes, to be held as other 
Indian lands are held, that portion of Iowa known as the Neutral Ground. The exchange of the 
two tracts of country was to take place on or before the 1st day of June, 1833. In addition to 
the Neutral Ground, it was stipulated that the United States should give the Winnebagoes, begin- 
ning in September, 1833, and continuing for twenty-seven successive years, ten thousand dollars 
in specie, and establish a school among them, with a farm and garden, and provide other facili- 
ties for the education of their children, not to exceed in cost three thousand dollars a year, and 
to continue the same for twenty-seven successive years. Six agriculturists, twelve yoke of oxen 
and plows and other farming tools were to be supplied by the Government. 

11. Treaty of 1S3;2 with the Sacs and Foxes. — Already mentioned as the Black Hawk purchase. 

12. Treaty of 1836, with the Sacs and Foxes, ceding Keokuk's Reserve to the United States; 
for which the Government stipulated to pay thirty thousand dollars, and an annuity of ten thou- 
sand dollars for ten successive years, together with other sums and debts of the Indians to 
various parties. 

13. Treaty of 1837.- On the 21st of October, 1837, a treaty was made at the city of Wash- 
ington, between Carey A. Harris, Commissioner of Indian Affairs, and the confederate tribes of 
Sacs and Foxes, ratified February 21, 1838, wherein another slice of the soil of Iowa was obtained, 
described in the treity as follows: "A tract of country containing 1,250,000 acres, lying west 
and adjoining the tract conveyed by them to the United States in the treaty of September 21, 
1832. It is understood that the points of termination for the present cession shall be the north- 
ern and southern points of said tract as fixed by the survey made under the authority of the 
United States, and that a line shall be drawn between them so as to intersect a line extended 
■westwardly from the angle of said tract nearly opposite to Rock Island, as laid down in the above 
survey, so far as may be necessary to include the number of acres hereby ceded, which last 
mentioned line, it is estimated, will be about twenty-five miles." 

This piece of land was twenty-five miles wide in the middle, and ran off to a point at both 
ends, lying directly back of the Black Hawk Purchase, and of the same length. 

14 Treaty of Relinquishment. — At the same date as the above treaty, in the city of Washing- 
ton, Carey A. Harris, Commissioner, the Sacs and Foxes ceded to the United States all their 
right and interest in the country lying south of the boundary line between the Sacs and Foxes 
and Sioux, as described in the treaty of August 19, 1825, and between the Mississippi and Mis- 
souri Rivers, the United States paying for the same one hundred and sixty thousand dollars. 
The Indians also gave up all claims and interests under the treaties previously made with them, 
for the satisfaction of which no appropriations had been made. 

15. Treaty of 1S42. — The last treaty was made with the Sacs and Foxes October 11, 1842 ; 
ratified March 23, 1843. It was made at the Sac and Fox agency (Agency City), by John 
Chambers, Commissioner on behalf of the United States. In this treaty the Sac and Fox Indians 
" ceded to the United States all their lands west of the Mississippi to which they had any claim 
or title." By the terms of this treaty they were to be removed from the country at the expira- 
tion of three years, and all who remained after that were to move at their own expense. Part 
of them were removed to Kansas in the Fall of 1845, and the rest the Spring following. 



HISTORY OF THE STATE OF IOWA. 163 



SPANISH GRANTS. 

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 French- 
man, 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 w'arrior, 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 this 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 
Mai^uoketa and the Tete des Mertz Rivers, embracing more than twenty thou- 
sand 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 transferred 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 completed prior to the 1st day of October, 
1800, only one member, J. B. C. Lucas, dissenting. 

DubiKjue died March 24, 1810. The Indians, understanding that the claim 
of Dubu([ue 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 consummated, the Du- 
bucfue 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 relintjuish 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 Dubutjue, for the 
purpose of testing the title. Being unable to identify the lead, however, he was 
non-suited. 

By act of Congress, approved July 2, 1836, the town of Dubuque was sur- 
veyed and platted. After lots had been sold and occupie<l by the purchasers, 
Henry Choteau brought an action of ejectment against Patrick Malony, who 



164 HISTORY OF THE STATE OF IOWA. 

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 Augusta 
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 Carondolet 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 Carondelet had no legal authority to make snch a grant 
as claimed, and that, even if he had, this was but an " inchoate and imperfect 
title." 

Griard. — In 1795, the Lieutenant 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 "Giard 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 Giard 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 
L^pper Louisiana, 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 (Fresson) 
Henori, or Louis Honore Fesson, 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, in 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 leagues above the River Des Moines." Robedoux died soon 
after he purchased the proprerty. Auguste Choteau, his executor, disposed of 
the Honori tract to Thomas F. Reddeck, in April, 1805, up to which time 
Honori continued 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 confirmed 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. 



THE HALF-BREED TRACT. 

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 the 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 



HISTORY OF THE STATE OF IOWA. 165 

at Edinburgh, Scotland, a surgeon in the United States Army, stationed at a 
military post located on the present site of Warsaw, married an Indian woman, 
and reared his family of three daughters in the city of Keokuk. Other exam- 
ples 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 States, by which that portion of Lee County was reserved 
to the half-breeds of those tribes, and which was afterward known as " The 
Half-Breed Tract." This reservation is the triangular piece of land, containing 
about 119,000 acres, lying between the Mississippi andDes Moines Rivers. It is 
bounded on the north by the prolongation of the northern line of Missouri. 
This line was intended to be a straight one, running due east, which would have 
caused it to strike the Mississippi River at or below Montrose ; but the surveyor who 
run it took no notice of the change in 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 that it 
struck that river at the lower edge of the town of Fort Madison. " This errone- 
ous 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 included 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, Jefierson, 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 ownership 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 Avhich 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 hist things became badly mixed. There were 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 AVisconsin Territory, 
approved January 16, 1838, EdAvard 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, invalidat- 
ing all that had been done and depriving the Commissioners of their pay. The 
repealing act, however, authorized the Commissioners to commence action against 
the owners of the Half-Breed Tract, to receive pay for their services, in the Dis- 
trict 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 



166 HISTORY OF THE STATE OF IOWA. 

and those holding under him were made by both District and Supreme Courts, 
but in December, 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 
"judgment titles " w^ere 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 
partition " 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. Edward 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, Avhich held heavy interests 
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. 



EARLY SETTLEMENTS. 

The first permanent settlement by the whites within the limits of Iowa was 
made by Julien Dubuque, in 1788, when, with a small party of miners, he set- 
tled on the site of the city that now bears his name, where he lived until hia 
death, in 1810. Louis Honori settled on the site of the present town of Mon- 
trose, probably in 1799, and resided there until 1805, when his property passed 
into other hands. Of the Giard 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 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 set- 
tlement 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 L^nited States army, who had been stationed at Fort 
Edwards, now Warsaw, 111., and who built a cabin where the city of Keokuk 
now stands. Dr. Muir was a man of strict integrity and irreproachable char- 
acter. While stationed at a military post on the Upper Mississippi, he had 
married an Indian woman of the Fox nation. Of his marriage, the following 
romantic account is given : 

The post at which he was stationed was visited by a beautiful Indian maiden — whose native 
name, unfortunately, has not been preserved — who, in her dreams, had seen a white brave un- 
moor his canoe, paddle it across the river and come directly to her lodge. She felt assured, 
according to the superstitious belief of her race, that, in her dreams, she had seen her future 
husband, and had come to the fort to find him. Meeting Dr. Muir, she instantly recognized 
him as the hero of her dream, which, with childlike innocence and simplicity, she related to 
him. Her dream was, indeed, prophetic. Charmed with Sophia's beauty, innocence and devo- 
tion, the doctor honorably married her ; but after a while, the sneers and gibes of his brother 



HISTORY OF THE STATE OF IOWA. 167 

officers — less honorable than he, perhaps — made him feel ashapaed of his dark-skinned wife, and 
when his regiment was ordered down the river, to Bellefontaine, it is said he embraced the 
opportunity to rid himself of her, and left her, never expecting to see her again, and little 
dreaming that she would have the courage to follow him. But, with her infant child, this in- 
trepid wife and mother started alone in her canoe, and, after many days of weary labor and a 
lonely journey of nine hundred miles, she, at last, reached him. She afterward remarked, when 
speaking of this toilsome journey down the river in search of her husband, " When I got there 
I was all perished away — so thin ! " The doctor, touched by sucli unexampled devotion, took her 
to his heart, an<l ever after, until his death, treated her with marked respect. She always pre- 
sided at his table with grace and dignity, but never abandoned her native style of dress. In 
1819-20, he was stationed at Fort Edward, but the senseless ridicule of some of his brother 
oflBcers on account of his Indian wife induced him to resign his commission. 

After building his cabin, as above stated, he leased his claim for a term of years to Otis 
Reynolds and John Culver, of St. Louis, and went to La Pointe, afterward Galena, where he 
practiced his profession for ten years, when he returned to Keokuk. His Indian wife bore to 
him four children — Louise (married at Keokuk, since dead), James, (drowned at Keokuk), Mary 
and Sophia. Dr. Muir died suddenly of cholera, in 18o2, but left his property in such condition 
that it was soon wasted in vexatious litigation, and his brave and faithful wife, left friendless and 
penniless, became discouraged, and, with her children, disappeared, and, it is said, returned to 
her people on the Upper Missouri. 

Messrs. Reynolds & Culver, who had leased Dr. Muirs claim at Keokuk, 
subsequently employed as their agent Mr. Moses Stillwell, 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 Puch-a-she-tuck, where Keokuk 
now stands. She was probably the first Avhite 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 
n-atives 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 ut Du- 
buque. They had been engaged in lead mining at Galena, Illinois, the former 
from 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 e.xjilore these mines and to obtain permission to work them was 
therefore eminently desirable. 

In 1829, James L. Langworthy resolved to visit the Dubuque mines. Cross- 
ing the Mississippi at a point now known as Dunleith, in a canoe, and swim- 
ming 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 Du- 
buque now stands. Two miles south, at the mouth of Catfish Creek, was a vil- 
lage of Sacs and Foxes. Thither Mr. Langworthy proceeded, and was well 're- 
ceived by the natives. He endeavored to obtain permission from them to mine 
in their hills, but this they refu.sed. He, however, succeeded in gaining the con- 
fidence 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 \\ ing between the 
Matjuoketa and Turkey Rivers. He returned to the village, secured the good 
will of the Indians, and, returning to Galena, formed plans for future opera- 
tions, to be executed as soon as circumstance? wouM permit. 



168 HISTORY OF THE STATE OF IOWA. 

In 1830, with his brother, Lucius H., and others, having obtained the con- 
sent 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 tlie side of an old Cottonwood drift log, at 
what is now the Jones Street Levee, Dubuque, and elected a Committee, con- 
sisting of J, L. Langworthy, II. F. Lander, James McPhetres, Samuel Scales, 
and E. M. Wren. This may be called the first Legislature in Iowa, the mem- 
bers of which gathered around that old cottonwood log, and agreed to and re- 
ported the following, written by Mr. Langworthy, on a half sheet of coarse, un- 
ruled paper, the old log being the Avriting 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: 

Article I. That each and every man shall hold 200 yards square of ground by working 
said ground one day in six. 

Article II. AVe 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 appli- 
cation 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 2. Here, then, we have, in 1830, a primitive Legisla- 
ture 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 Avere as promptly obeyed, and the acts of the executive ofiicer thus 
elected as duly respected, as any have been since. 

The miners who had thus erected an independent government of their pwn 
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 Gov- 
ernment, 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 entrusted to Col. Zachary Taylor, then in com- 
mand of the military post at Prairie du Chien, who, early in July, sent an ofiicer 
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 Avould 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 dis- 
posed 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 tliree, recrossed the river, and 
from the east bank saw the troops land on the western shore. The three Avho 
had lingered a little too long were, however, permitted to make their escape 

* Established by the Superintendent of U. S. Lead Mines at Fever River. 



HISTORY OF THE STATE OF IOWA. 169 

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 encouaged 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 negotia- 
tions 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 set- 
tlers, 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 (juantities 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 Avere again sent from Prairie du Chien to Dubu(|ue 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 mid-winter. It 
must noAv be 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 return ; a few, however, 
removed to an island near the east bank of the river, built rude cabins of poles, 
in which to store 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. Lang- 
worthy, 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 wao-ons 
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. George Wil- 
son, who pursued a just and friendly course with the pioneers, who Avere 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 permanent settlement of this portion of Iowa must date. Mr. John P. 
Sheldon Avas appointed Superintendent of the mines by the Government, and a 
system of permits to miners and licenses to smelters Avas adopted, similar to that 
which had been in operation at Galena, since 1825, under Lieut. Martin Thomas 
and Capt. Thomas C. Legate. Substantially the primitive laAV enacted by the 
miners assembled around that old cottonAvood drift log in 1830 Avas 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 AA'as the same rule adopted in the United States mines on FcA'er River in 



170 HISTORY OF THE STATE OF IOWA. 

Illinois, except that, until 1830, the Illinois miners were compelled to pay 10 
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 Avay 
for civilization, without being subjected to the imposition of an odious Govern- 
ment tax upon their means of subsistence, when the Federal Government could 
better afford to aid than to extort from them. The measure soon became unpop- 
ular. It was difficult to collect the taxes, and the Avhole system was abolished 
in about ten years. 

During 1833, after the Indian title was fully extinguished, about five hun- 
dred 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 Avere 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 brought the news of his death and his remains. 

Lucius H. Langworthy, his brother, was one of the most worthy, gifted and 
mfluential 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 the miners at a meeting 
held in 1834. 

In 1832, Captain James White made a claim on the present site of Montrose. 
In 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 fi'om 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 the 
river, at a place since known as thefaim 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, Doolittle, 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 Septem- 



HISTORY OF THE STATE OF IOWA. 171 

ber, 1832, Col. George Davenport made the first claim on the spot where the 
thriving city of Davenport now stands. As earh^ 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, Mulli- 
gan 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 Daven- 
port, Major Thomas Smith, Major William Gordon, Philip Hambough, Alexan- 
der 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 occu- 
pied Iowa, Hon. C. C. Nourse, in his admirable Centennial Address, says : 
" Antoine LeClaire was born at St. Joseph, Michigan, in 1797. His father 
was French, his mother a granddaughter of a Pottowatomie 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 Pottawatomies, in the treaty at Prairie du Chien, also 
reserved for him two sections of land, at the present site of Moline, 111. He 
received the appointment of Postmaster 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 addi- 
tion, 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 
settlement was made in this part of the State till the beginning of 1836. 

In that portion now known as Muscatine County, settlements were made in 
1834, by Benjamin Nye, John Vanater and G. W. Kasey, wlio were the first 
settlers. E. E. Fay, William St. John, N. Fullington, H. Reece, Jona Petti- 
bone, R. P. Lowe, Stephen Whicher, 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 post office in Iowa was established at Dubuque in 1833. Milo H. 
Prentice was appointed Postmaster. 

The first Justice of the Peace was Antoine Le Claire, apjiointed 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, 1834, 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. 



172 HISTORY OF THE STATE OF IOWA. 

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 per- 
manent 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, Avere 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 blufts 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 1827, 
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 Broad- 
way, and afterward settled there. In 1839, a block house was built on the 
bluff in the east part of the city. The Pottawatomie 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 settle- 
ment of this strange community Avas at a place first called "Miller's Hollow," 
on Indian Creek, and afterward named Kanesville, in honor of Col. Kane, of 
Pennsylvania, who visited tliAn soon afterward. 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 bat- 
.talion, numbering some five hundred men, for the Mexican war. In 1848, Hyde 
started a paper called the Frontier Cruardian, 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 Avithin the limits of PottaAvattamie County. This county Avas organized in 
1848, all the first officials being Mormons. In 1852, the order Avas promulgated 
that all the true ])elievers should gather together at Salt Lake. Gentiles flocked 
in, and in a few years nearly all the first settlers were gone. 

May 9, 1843, Captain James Allen, Avith a small detachment of troops on 
board the steamer lone, arrived at the present site of the capital of the State, 
Des Moines. The lone was the first steamer to ascend the Des IMoines River 
to this point. The troops and stores were landed at Avhat is noAv the foot of 



HISTORY OF THE STATE OF IOWA. 173 

Court avenue, Des ISIoines, and Capt. Allen returned in the steamer to Fort 
Sanford to arrange for bringing up more soldiers and supplies. In due time 
thev, 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. 
Seott, 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 enter- 
prising men of the older States, and a large immigration of the best blood of 
the Old World, who, removing to an arena of larger opportunities, in a more 
fertile soil and congenial climate, have developed a spirit and an 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 civiliza- 
tion 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 foundations of the populous and prosperous 
commonwealth which to-day dispenses its blessings to a million and a quarter 
of people. From her first settlement and from her first organization as a terri- 
tory to the present day, Iowa has had able men to manage her affairs, wise 
statesmen 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. 



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 26, 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 gov- 
ernment 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 



174 HISTORY OF THE STATE OF IOWA. 

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 citi- 
zen 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, Secre- 
tary 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 Avere elected from the two 
counties in the Black Hawk purchase : 

Dubuque County. — Council: John Fally, Thomas McKnight, Thomas Mc- 
Craney. 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 Wiscon- 
sin, 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 ; com- 
menced June 1st, and adjourned June 12, 1838. 

During the first session of the W^isconsin 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 boun- 
daries 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 Bur- 
lington on the 1st of November, Avhich memorialized Congress to organize a 
Territory west of the Mississippi, and to settle the boundary line between Wis- 
consin Ten-itory 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 
successfullv, that " An act to divide the Territory of Wisconsin, and to estab- 



HISTORY OF THE STATE OF IOWA. 175 

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 whicli lies west of the Mis- 
sissippi 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 terra 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; Au 
gustus C. Dodge, Register of the Land Office at Burlington, and Thomas Mc- 
Knight, Receiver of the Land Office at Dubuque. Mr. Van Allen, the Distric', 
Attorney, died at Rockingham, soon after his appointment, and Col. Charlesi 
Weston was appointed to fill his vacancy. Mr. Conway, the Secretary, also 
died at Burlington, during the second session of the Legislature, and Jamen 
Clarke, editor of the Gazette, was appointed to succeed him. 

Immediately after his arrival, Governor Lucas issued a proclamation for tht! 
election of members of the first Territorial Legislature, to be held on the lOtL 
of September, dividing the Territory into election districts for that purpose, and 
appointing the 12th day of November for meeting of the Legislature to b(! 
elected, at Burlington. 

The first Territorial Legislature was elected in September and assembled ai; 
Burlington on the 12th of November, and consisted of the following members: 

Council. — Jesse B. Brown, J. Keith, E. A. M. Swazey, Arthur Ingram. 
Robert Ralston, George Hepner, Jesse J. Payne, D. B. Hughes, James M 
Clark, Charles Whittlesey, Jonathan W. Parker, Warner Lewis, StepheL 
Hempstead. 

House. — William Patterson, Hawkins Taylor, Calvin J. Price, Jamen 
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,t Jabez A. Burchard, Jt-., 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 unani- 
mously and the latter with but little opposition. At that time, national politics 

*Cyni8 S. Jacobs, who was elected for T)es Moinea County, was killed in an unfortunate encounter at Burlington 
before the meeting of the Legislature, and Mr. Beeler was elected to fill the vacancy. 

t Samuel R. Murray waa returned as elected Irom Clinton County, but his seat was successfully contested by 
Burcbard. 



176 HISTORY OF THE STATE OF IOWA. 

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 Con- 
gressional Delegate was also elected. There were four candidates, viz. : William 
XV. 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 excit- 
ing 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 Legis- 
lative 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 Missis- 
sippi 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 Buidington 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 John- 
son 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 un- 
disputed 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 cor.nty 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 Napo- 



HISTORY OF THE STATE OF IOWA. 177 

leon, Johnson County, May 1, 1839, selected for a site Section 10, in Town- 
ship 79 North of Range 6 West of the Fiftli Principal Meridian, and immedi- 
ately surveyed it and laid off the town. Tlie first sale of lots took place August 
10, 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 building were designed 
ami drawn by Mr. John F. Rague, of Springfield, 111., and on the 4th day of July, 
1840, the corner stone of the edifice Avas 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 author- 
izing 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 Avas imminent. In defining the 
boundaries of the counties bordering on Missouri, the loAva authorities had fixed 
a line that has since been established as the boundary betAveen Iowa and Mis- 
souri. The Constitution of Missouri defined her northern boundary to be the 
parallel of 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 ahvays been knoAvn 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 beloAV Keosaucjua, thus taking from 
loAva a strip of territory eight or ten miles Avide. Assuming this as her 
northern boundary line, Missouri attempted to exercise jurisdiction OA'er the 
disputed territory by assessing taxes, and sending her Sheriffs to collect them by 
distraining the personal property of the settlers. The loAvans, hoAvever, 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 loAva, and both parties made 
active preparations for Avar. In Iowa, about 1,200 men Avere enlisted, and 
500 Avere actually armed and encamped in ^"an Buren County, ready to defend 
the integrity of the Territory. Subseciuently, Gen. A. C. Dodge, of Burlington, 
Gen. Churchman, of Dubuciue, 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 collection of the taxes, 
and that Gov. Boggs had despatched messengers to the Governor of loAva proposing 



178 HISTORY OF THE STATE OF IOWA. 

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 insti- 
tuted, 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 prin- 
ciple 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 organi- 
zation, 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 Mississipi, and up 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 



HISTORY OF THE STATE OF IOWA. 179 

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 Keilrock, until October 11, 1845. 
These tribes, at this time, had their principal village at Ot-tum-wa-no, now called Ottuniwa. 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, wait- 
ing for the l.st 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 occupa- 
tion 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 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 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 Gen- 
eral 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 net 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 ofliicers, 
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 sup- 
port 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 con- 
tains 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 



180 HISTORY OF THE STATE OF IOWA. 

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. AVheat was hauled 
100 miles from the interior, and sold for STj 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, $] .00 per hundred ; and the best 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. 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 1841-2. At this session, the Superintendent of 
Public Buildings (who, with the Territorial Agent, had superseded the Commis- 
sioners 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 
|l5,600. 

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 
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 Legis- 
lature assembled in the new capitol. At this session, the Superintendent esti- 
mated that it would cost $39,143 to finish the building. This was nearly 
$6,000 highfer than the estimate of the previous year, notwithstanding a large 
sum had been expended in the meantime. This rather discouraging discrep- 
ancy was accounted for by the fact that the ofiicers 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 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. 



HISTORY OF THE STATE OF IOWA. 181 

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



STATE ORGANIZATION. 

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 be 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 pro- 
vided 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 this Constitution, were as fol- 
lows : 

Beginning in the middle of the channel of the Mississippi River, opposite mouth of the 
Des Moines River, tlience up the said river Des IMoines, 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 .lohn 
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 mouth 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 
accepted the act, bounded as follows : • 

Beginning at the mouth of the Des Moines River, at the middle ofilie Mississippi, thence 
by the middle ot 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 eastwai'dly, following that boundary 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 Avest line of what is now Kossuth 
County. But it was not so to be. In consequence of this radical and unwel- 
come 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 7,2.35. 

A second Constitutional Convention assembled at Iowa City on the 4th day 
of May, 1846, and on the 18th of the same month another 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 cast "for the Constitution," and 9,036 "against the Constitution " 



182 HISTORY OF THE STATE OF IOWA. 

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. 
Fal^s, 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 push- 
ing 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, 
18-46, 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 determined, 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 already 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, Avho were authorized to 
make a location as near the geographical center of the State as a healthy and 
eligible site could be 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 25, 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 noAV Des Moines Township, and the others in Fairview Township, in the 
southern part of that county. These lands are situated between Prairie City 
and Monroe, 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 cash 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 loca- 
tion was generally condemned. ^ 



HISTORY OF THE STATE OF IOWA. 183 

When the report of the Commissioners, showing this brilliant financial ope- 
ration, 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, Avithout 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 
ijiade was repealed and the now town was vacated, the money paid by purchas- 
ers of lots being refunded to them. This, of course, retained the seat of govern- 
ment 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 apppropriated 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 
W'ithin two miles of the Raccoon Fork of the Des IVIoines, and for the appoint- 
ment of Commissioners, was approved by Gov. Grimes. The site was selected 
ift 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 3d day of September following was declared by a procla- 
mation 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 loAva. 

The removal of the archives and offices was commenced at once and con- 
tinued 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 de- 
posited in the new capital. 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 



184 HISTORY OF THE STATE OF IOWA. 

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 immedi- 
ate 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 0. Crosby, Gainsville ; Charles Dudley, Agency City ; John N. Dewey, 
Des Moines ; William L. Joy, Sioux City ; Alexander R. 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 purpoees 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, 1871, the cor- 
ner 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 northwestern 
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 enter- 
prise 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 1st day of January, 1856, this railroad was completed to Iowa City. 
In the meantime, two other railroads had reached the east bank of the Missis- 
sippi — 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, hav- 
ing 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 



HISTORY OF THE STATE OF IOWA. 185 

railroads, the public lands in alternate sections, six miles on either side of the 
proposed lines. 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 attract 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 well. 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 limit- 
ation 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 
removed 

The first railroad across the State was completed to Council Bluffs in Jan- 
uary, 1871. The others were completed soon after. In 1854, there was not 
a mile of railroad in the State. In 1874, 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 State 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 

Legislature 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 1875, was 1,366,000. The following 

table will show the population at different periods since the erection of Iowa 

Territory : 

Year. Population. I Year. Population. 

1838 22,589 | 1852 230,713 

1840 43,115 1854 326,013 

1844 75,152 1856 510.055 

1846 '.)7,588 ' 1859 638,775 



1847 116,651 

1849 152,988 

1850 191,982 

1851 204,774 



Year. Population. 

1869 1,040,819 

1870 1,191,727 

1873 1,251,333 

1875 1,366,000 

1876 

1877 



1860 674,913 

1863 701,732 

1865 754,699 

1867 902,040 

The most populous county in the State is Dubuque. Not only in popula- 
tion, 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 civ- 
ilized commonwealth, embracing all the elements of progress which characterize 
the older States. 



186 HISTORY OF THE STATE OF IOWA. 

Thriving cities and towns dot its fair surface ; an iron net-work of thou- 
sands 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 unsur- 
passed, 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 repub- 
lican 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 forty-five 
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 i.he 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 22, 1858. A Board of Trustees was 
appointed, consisting of Governor R. P. Lowe, John D. Wright, William Duane 
Wilson, M. W. Robinson, Timothy Day, Richard Gaines, John Pattee, G. W. 
F. Sherwin, Suel Foster, S. W. Henderson, Clement Coffin and E. G. Day ; 
the Governors of the State and President of the College being ex officio mem- 
bers. 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, Jeft'erson i.nd Tama 
Counties. In .July, 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 1862-3. George W. Bassett 
was appointed Land Agent for the institution. In 1864, the General Assem- 
bly appropriated $20,000 for the erection of the college building. 



HISTORY OF THE STATE OF IOWA. 18T 

In June of that year, the Building Committee, consisting of Suel Foster, 
Peter Melendy and A. J. Bronson, proceeded to let the contract. John Browne, 
of Des Moines, was employed as architect, and furnished the plans of the build- 
ing, but was superseded in its construction by C. A. Dunham. The $20,000 
appropriated by the General Assembly were expended in putting in the foun- 
dations and making the brick for the structure. An additional appropriation 
of $91,000 was made in 1806, 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 pre- 
vious to their admission. Each county in the State has a prior 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 are 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, Plane Mensuration, Leveling, Sur- 
veying, 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 fi'om the lease and sale of lands and interest on invest- 
ments are sufficient for the support of the institution. Several College Societies 
are maintained among the students, who publish a monthly paper. There is 
also an " out-law " called the " ATA^ Chapter Omega." 

The Board of Trustees in 1877 was composed of C. W. Warden, Ottumwa, 
Chairman ; Hon. Samuel J. Kirkwood, Iowa City ; William B. Treadway, 
Sioux City ; Buel Sherman, Fredericksburg, and Laurel Summers, Le Claire. 
E. W. Starten, Secretary ; William D. Lucas, Treasurer. 

Board of Instruction. — A. S. Welch, LL. D., President and Professor of 
Psychology and Philosophy of Science ; Gen. J. L. Geddes, Professor of Mili- 
tary Tactics and Engineering; W. H. Wynn, A. M., Ph. D., Professor of 
English Literature; C. E. Bessey, M. S., Professor of Botany, Zoology, Ento- 
mology ; A. Thompson, C. E., Mechanical Engineering and Superintendent of 
Workshops; F. E. L. Beal, B. S., Civil Engineering; T. E. Pope, A. M., 
Chemistry; M. Stalker, Agricultural and Veterinary Science; J. L. Budd, 
Horticulture; J. K. Macomber, Physics; E. W. Stanton, Mathematics and 
Political Economy ; Mrs. Margaret P. Stanton, Preceptress, Instructor in 
French and Mathematics. 

THE STATE UNIVERSITY. 

loiva City, Johnson County. 

In the famous Ordinance of 1787, enacted by Congress before the Territory 
of the L^nited States extended beyond the Mississippi River, it was declared 
that in all tbe territory northwest of the Ohio River, " Schools and the means 
of education shall forever be encouraged." By act of Congress, approved July 
20, 1840, 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 ap- 
propriated, a quantity of land, not exceeding the entire townships, for the use 



188 HISTORY OF THE STATE OF IOWA. 

and support of a university within said Territorry when it becomes a State, and 
for no other use or purpose whatever ; to be located in tracts of not less than an 
entire section, corresponding with any of the large divisions into which the pub- 
lic land 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 lands were selected until 1846, when, at the request of the 
Assembly, John M. Whitaker of Van Buren County, was appointed, who selected 
the remainder of the grant except about 122 acres. 

In the first Constitution, under which Iowa was admitted to the Union, the 
people directed the disposition of the proceeds of this munificent grant in ac- 
cordance 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, 2^rovided, 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 bienially. 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 
L^niversity should commence and continue the instruction, free of charge, of fifty 
students annually. The General Assembly retained full supervision over the 
University, its officers and the grants and donations made and to be made to it 
by the State. 

Section 5 of the act appointed James P. Carleton, H. D. Downey, Thomas 
Snyder, Samuel McCrory, Curtis Bates, Silas Foster, E. C. Lyon, James H. 
Gower, George G. Vincent, Wm. G. Woodward, Theodore S. Parvin, George 
Atchinson, S. G. Matson, H. W. Starr and Ansel Briggs, the first Board of 
Trustees. 

The organization of the L^niversity at Iowa City was impracticable, how- 
ever, 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 conven- 
ience mai/ hereafter demand,' as provided by the Constitution." 

The Board of Directors of the Fairfield Branch consisted of Barnet Ris- 
tine. Christian W. Slagle, Daniel Rider, Horace Gaylord, Bernhart Henn and 
Samuel S. 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. 



HISTORY OF THE STATE OF IOWA. 189 

This building was nearly destroyed by a hurricane, in 1850, but was rebuilt , 
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 Gen- 
eral Assembly terminated its relation to the State. 

The branch at Dubuque was placed under the control of the Superintendent 
of Public Instruction, and John King, Caleb H. Booth, James M. Emerson, 
Michael J. Sullivan, Richard Benson and the Governor of the State as 
Trustees. 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 annu- 
ally from the income of the University Fund, upon condition that they should ed- 
ucate 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 Nov. 21, 1849; Samuel Ray, Principal; Miss J. S. Dorr, Assist- 
ant. 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, under the charge 
of Prof. G. M. Drake and wife. 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 recog- 
nition 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 ISIedical 
Association. Soon after, this College was removed to Keokuk, its second ses- 
sion 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 termi- 
nated by the new Constitution, September 3, 1857. 

From 1847 to 1855, the Board of Trustees was kept full by regular elec- 
tions by the Legislature, and the Trustees held frequent meetings, but there was 
no eff"ectual 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, 1855, and continued in operation 
until June, 1856, under Professors Johnson, Welton, Van A'alkcnburg 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. 



190 HISTORY OF THE STATE OF IOWA. 

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. 

At a special meeting of the Board, September 22, 1857, the honorary de- 
gree of Bachelor of Arts was conferred on D. Franklin Wells. This was the 
first degree conferred by the Board. 

Article IX, Section 11, of the new State Constitution, which went into force 
September 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 fixeil by law, at the city 
of Des Moines, in the county of Polk ; and the State University at Iowa City, in 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 regula- 
tions in relation to common schools and other educational institutions," subject 
to alteration, amendment or repeal by the General Assembly, Avhich 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 without funds for these pur- 
poses. 

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 re- 
pair 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 LTniversity until the income from its 
fund should be adequate to meet the current expenses, and the buildings should 
be ready for occupation. Until this term, the building known as the " Mechan- 
ics' Academy" had been used for the school. The Faculty, except the Chan- 
cellor (Dean), was dismissed, and all further instruction suspended, from the close 
of the term then in progress until September, 1859. At this meeting, a reso- 
lution 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. 

At the meeting of the Board, August 4, 1858, the degree of Bachelor of 
Science was conferred upon Dexter Edson Smith, being the first degree con- 
ferred upon a student of the University. Diplomas were awarded to the mem- 
bers of the first graduating class of the Normal Department as follows : Levi 
P. Aylworth, Cellina H. Aylworth, Elizabeth L. Humphrey, Annie A. Pinney 
and Sylvia M. Thompson. 



HISTORY OF THE STATE OF IOWA. 191 

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. 

The new Board met and organized, February 2, 1859, and decided to con- 
tinue the Normal Department only to the end of the current term, and that it 
was unwise to re-open the University at that time; but at the annual meeting 
of the Board, in June of the same year, it was resolved to continue the Normal 
Department in operation ; and at a special meetmg, October 25, 1859, it was 
decided to re-open the University in September, 1860. Mr. Dean had resigned 
as Chancellor prior to this meeting, and Silas Totten, D. D., LL. D., was elected 
President, at a salary of $2,000, and his term commenced June, 1860. 

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 of graduates in 
the Collegiate Department. 

The Board of Education was abolished March 19, 1864, and the ofiice of 
Superintendent of Public Instruction was restored ; the General Assembly 
resumed control of the subject of education, and on March 21, an act was ap- 
proved 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. 

President Spencer was granted leave of absence from April 10, 1866, for 
fifteen months, to visit Europe; and Prof Nathan R. Leonard was elected 
President pro tern. 

The North Hall was completed late in 1866. 

At the annual meeting in June, 1867, the resignation of President Spencer 
(absent in Europe) was accepted, and Prof Leonard continued as President }}ro 
tern., until March 4, 1868, when James Black, D. D., Vice President of Wash- 
ington and Jefferson College, Penn., was elected President. Dr. Black entered 
upon his duties in September, 1868. 

The Law Department was established in June, 1868, and, in September fol- 
lowing, an arrangement was perfected with the Iowa Law School, at Des Moines, 
which had been in successful operation for three years, under the management 
of Messrs. George G. Wright, Chester C. Cole and William G. Hammond, by 
which that institution was transferred to Iowa City and merged in the Law De- 
partment of the University. The Faculty of this department consisted of the 
President of the University, Hon. Wm. G. Hammond, Resident Professor and 
Principal of the Department, and Professors G. G. Wright and C. C. Cole. 

Nine students entered at the commencement of the first term, and during 
the year ending June, 1877, there were 103 students in this department. 

At a special meeting of the Board, on the 17th of September, 1868, a Com- 
mittee was appointed to consider the expediency of establishing a Medical De- 



192 HISTORY OF THE STATE OF IOWA. 

partment. This 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. At this meeting, Hon. 
Ezekiel Clark was elected Treasurer of the University. 

By an act of the General Assembly, approved April 11, 1870, the " Brard 
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 Boaid of 
Regents held its first meeting June 28, 1870. Wm. J. Haddock was elected 
Secretary, and Mr. Clark, Treasurer. 

Dr. Black tendered his resignation as President, at a special meeting of the 
Board, held August 18, 1870, to take effect on the 1st of December following. 
His resignation was accepted. 

The South Hall having been fitted up for the purpose, the first term of the 
Medical Department was opened October 21, 1870, and continued until March, 
1871, at which time there were three graduates and thirty-nine students. 

March 1, 187]., Rev. George Thacher was elected President of the Univer- 
sity. Mr. Thacher accepted, entered upon his duties April 1st, and was form- 
ally inaugui'ated at the annual meeting in June, 1861. 

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. In compliance with this request, Lieut. A. D. Schenck, Second Artil- 
lery, U. S. A., was detailed as "Professor of Military Science and Tactics," 
at Iowa State University, by order of the War Department, August 26, 1874, 
who reported for duty on the 10th of September following. Lieut. Schenck 
was relieved by Lieut. James Chester, Third Artillery, January 1, 1877. 

Treasurer Clark resigned November 3, 1875, and John N, Coldren elected 
in his stead. 

At the annual meeting, in 1876, a Department of Homoeopathy was 
established. 

In March, 1877, a resolution was adopted affiliating the High Schools of 
the State with the University. 

In June, 1877, Dr. Thacher's connection with the University was termi- 
nated, and C. W. Slagle, a member of the Board of Regents, was elected Pres- 
ident. 

In 1872, the ex officio membership of the Superintendent of Public Instruc- 
tion was abolished ; but it was restored in 1876. Following is a catalogue of 
the officers of this important institution, from 1847 to 1878: 

TRUSTEES OR REGENTS. 

PRESIDENTS. 

FROM TO 

James Harlan, Superintendent Public Instruction, ex oificio 1847 1848 

Thomas H. Benton, Jr,, Superintendent Public Instruction, ex officio 1848 1854 

James D. Eads, Superintendent Public Instruction, ex officio 1854 1857 

Maturin L. Fisher, Superintendent Public Instruction, ex officio 1857 1858 

Amos Dean, Chancellor, ex officio 1858 1859 

Thomas H. Benton, Jr 1859 1863 

Francis Springer 1863 1864 

William M. Stone, Governor, ex officio 1864 1868 

Samuel Merrill, Governor, ex officio 1868 1872 

Cyrus C. Carpenter, Governor, ex officio 1872 1876 

Samuel J. Kirkwood, Governor, ex officio 1876 1877 

Joshua G. Newbold, Governor, ex officio 1877 1878 

John H. Gear 1878 



HISTORY OF THE STATE OF IOWA. 193 

VICE PRESIDENTS. FROM TO 

Silas Foster 1847 1851 

Robert Lucas 1851 1853 

Edward Connelly 1854 1855 

Moses J. Morsman 1855 1858 

SECRETARIES. 

Hugh D. Downey 1847 1851 

Anson Hart 1851 1857 

Elijah Sells 1857 1858 

Anson Hart 1858 1864 

William J. Haddock 1864 

TREASURERS. 

Morgan Reno, State Treasurer, ex officio 1847 1850 

Israel Kister, State Treasurer, ex officio 1850 1852 

Martin L. Morris, State Treasurer, ex officio 1852 1855 

Henry W. Lathrop 1855 1862 

William Crum 1862 1868 

Ezekiel Clark 1868 1876 

John N. Coldren 1876 

PRESIDENTS OF THE UNIVERSITY. 

Amos Dean, LL. D 1855 1858 

Silas Totten, D. D., LL. D 1860 1862 

Oliver M. Spencer, D. D.* 1862 1867 

James Black, D. D 1868 1870 

George Thacher, D. D 1871 1877 

C. W. Slagle 1877 

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 Homoeopathic Medical Department. 



STATE HISTORICAL SOCIETY. 

By act of the General Assembly, approved January 28, 1857, a State His- 
torical 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, paintings, statuary, and other materials illus- 
trative 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 adventures ; to secure facts and 
statements relative to the history and genius, and progress and decay of the 
Indian tribes of Iowa; to exhibit faitlifully the antiquities and past and present 
resources 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, pamplilets, 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 



194 HISTORY OF THE STATE OF IOWA. 

meeting is provided for by law, to be held at Iowa City on Monday preceding 
the last Wednesday in June of each year. 

The State Historical Society has published a series of very valuable collec- 
tions, 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." 



THE PENITENTIARY. 

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 ap- 
proved 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 w^ere John S. David and John Claypole. They 
made their first report to the Legislative Council November 9, 1839. The citi- 
zens 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 con- 
tain 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 ex- 
perience in prison management have been gained. 

It has long been a problem how to conduct prisons, and deal with what are 
called the criminal classes generally, so as to secure their best good and best 
subserve the interests of the State. Both objects must be taken into considera- 
tion in any humaritarian view of the subject. This problem is not yet solved, 
but Iowa has adopted the progressive and enlightened policy of humane treat- 
ment of prisoners and the utilization of their labor for their own support. The 
labor of the convicts in the Iowa Penitentiary, as in most others in the L^nited 
States, is let out to contractors, who pay the State a certain stipulated amount 
therefor, the State furnishing the shops, tools and machinery, as well as the 
supervision necessary to preserve order and discipline in the prison. 

While this is an improvement upon the old solitary confinement system, it 
still falls short of an enlightened reformatory system that in the future will 
treat the criminal for mental disease and endeavor to restore him to usefulness 
in the community. The objections urged against the contract system of dis- 
posing of the labor of prisoners, that it brings the labor of honest citizens into 
competition with convict labor at reduced prices, and is disadvantageous to the 
State, are not without force,' and the system will have no place in the prisons of 
the future. 



HISTORY OF THE STATE OF IOWA. 195 

It is right that the convict should labor. He should not be allowed to live 
in idleness at public expense. Honest men labor ; why should not they? Hon- 
est men are entitled to the fruits of their toil ; why should not the convict as 
well ? The convict is sent to the Penitentiary to secure public safety. The 
State deprives him of his liberty to accomplish this purpose and to punish him 
for violations of law, but, having done this, the State wrongs both itself and the 
criminal by confiscating his earnings ; because it deprives his family of what 
justly belongs to them, and an enlightened civilization will ere long demand 
that the prisoner in the penitentiary, after paying a fair price for his board, is 
as justly entitled to his net earnings as the good citizen outside its walls, and 
his family, if he has one, should be entitled to draw his earnings or stated portioii 
of them at stated periods. If he has no family, then if his net earnings should 
be set aside to his credit and paid over to him at the expiration of his terra of 
imprisonment, he would not be turned out upon the cold charities of a somewhat 
Pharisaical world, penniless, with the brand of the convict upon his brow, with 
no resource save to sink still deeper in crime. Let Iowa, " The Beautiful Land," 
be first to recognize the rights of its convicts to the fruits of their labor ; keep 
their children from the alms-house, and place a powerful incentive before them 
to become good citizens when they return to the busy world again. 



ADDITIONAL PENITENTIARY. 

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 Commis- 
sioners 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 HOSPITAL 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 Cliarles S. Blake, of Henry County, were appointed to locate the 
institution and superintend the erection of the building. These Commission- 
ers located the institution at Mt. Pleasant, Henry County. A plan for a 
building designed to accommodate 300 patients, drawn by Dr. Bell, of Massa- 
chusetts, was accepted, and in October Avork was commenced under the superin- 
tendence of Mr. Henry Winslow. Up to February 25, 1858, and including an 
appropriation made on that date, the Legislature had appropriated $258,555.67 
to this institution, but the building was not finished ready for occupancy by 
patients until March 1, 1861. The Trustees Avere Maturin L. Fisher, Presi- 
dent, Farmersburg; Samuel McFarland, Secretary, Mt. Pleasant; D. L. 



196 HISTORY OF THE STATE OF IOWA. 

McGugin, Keokuk; G. W, Kincaid, Muscatine; J. D. Elbert, Keosauqua; 
John B. Lash and Harpin Riggs, Mt. Pleasant. Richard J. Patterson, M. D., 
of Ohio, was elected Superintendent; Dwight C. Dewey, M. D., Assistant 
Physician; Henry Winslow, Steward; Mrs. Catharine Winslow, Matron. 
The Hospital was formally opened March 6, 1861, and one hundred patients 
were admitted within three months. About 1865, Dr. Mark Ranney became 
Superintendent. April 18, 1876, a portion of the hospital building was 
destroyed by fire. From the opening of the Hospital to the close of October, 
1877, 3,584 patients had been admitted. Of these, 1,141 were discharged 
recovered, 505 discharged improved, 589 discharged unimproved, and 1 died ; 
total discharged, 2,976, leaving 608 inmates. During this period, there were 
1,384 females admitted, whose occupation was registered "domestic duties ;" 
122, no occupation; 25, female teachers; 11, seamstresses; and 25, servants. 
Among the males were 916 farmers, 394 laborers, 205 without occupation, 39 
cabinet makers, 23 brewers, 31 clerks, 26 merchants, 12 preachers, 18 shoe- 
makers, 13 students, 14 tailors, 13 teachers, 14 agents, 17 masons, 7 lawyers, 
7 physicians, 4 saloon keepers, 3 salesmen, 2 artists, and 1 editor. The pro- 
ducts of the farm and garden, in 1876, amounted to $13,721.26. 

Trustees, 1877 :—T. Whiting, President, Mt. Pleasant; Mrs. E. M. Elliott, 
Secretary, Mt. Pleasant; William C. Evans, West Liberty; L. E. Fellows, 
Lansing ; and Samuel Klein, Keokuk ; Treasurer, M. Edwards, Mt. Pleasant. 

Resident Officers: — Mark Ranney, M. D., Medical Superintendent; H. M. 
Bassett, M. D., First Assistant Physician; M. Riordan, M. D., Second Assistant 
Physician; Jennie McCowen, M. D,, Third Assistant Physician ; J. W. Hender- 
son, Steward; Mrs. Martha W. Ranney, Matron; Rev. Milton Sutton, 
Chaplain. 

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. Mr. Clark 
died about a year after his appointment, and Hon. G. W. Bemis, of Indepen- 
dence, was appointed to fill the vacancy. 

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 Sec- 
tion 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. 

Col. S. V. Shipman, of Madison, Wis., was employed to prepare plans, 
specifications and drawings of the building, which, when completed, were sub- 
mitted to Dr. M. Ranney, Superintendent of the Hospital at Mount Pleasant, 
who suggested several improvements. The contract for erecting the building 



HISTORY OF THE STATE OF IOWA. 197 

was awarded to Mr. David Armstrong, of Dubuque, for ^88,114. The con- 
tract was signed November 7, 1868, and Mr. Armstrong at once commenced 
work. Mr. George Josselyn was appointed to superintend the work. 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. These 
Trustees were Maturin L. Fisher, Mrs. P. A. Appleman, T. W. Fawcett, C. 
C. Parker, E. G. Morgan, George W. Bemis and John M. Boggs. This board 
was organized, on the day above mentioned, by the election of Hon. M. L. 
Fisher, President ; Rev. J. G. Boggs, Secretary, and George W. Bemis, Treas- 
urer, and, after adopting preliminary measures for organizing the local govern- 
ment of the hospital, adjourned to the first Wednesday of the following Septem- 
ber. A few days before this meeting, Mr. Boggs died of malignant fever, 
and Dr. John G. House was appointed to fill the vacancy. Dr. House was 
elected Secretary. At this meeting, Albert Reynolds, M. D., was elected 
Superintendent ; George Josselyn, Steward, and Mrs. Anna B. Josselyn, 
Matron. September 4, 1873, Dr. Willis Butterfield was elected Assistant 
Physician. The building was ready for occupancy April 21, 1873. 

In the Spring of 1876, a contract was made with Messrs. Mackay & Lundy, 
of Independence, for furnishing materials for building the outside walls of the 
two first sections of the south wing, next to the center building, for $6,250. 
The carpenter work on the fourth and fifth stories of the center building was 
completed during the same year, and the wards were furnished and occupied by 
patients in the Fall. 

In 1877, the south wing was built, but it will not be completed ready for 
occupancy until next Spring or Summer (1878). 

October 1, 1877, the Superintendent reported 322 patients in this hospital, 
and it is now overcrowded. 

The Board of Trustees at present (1878) are as follows : Maturin L. 
Fisher, President, Farmersburg ; John G. House, M. D., Secretary, Indepen- 
dence ; Wm. G. Donnan, Treasurer, Independence ; Erastus G. Morgan, Fort 
Dodge ; Mrs. Prudence A. Appleman, Clermont ; and Stephen E. Robinson, 
M. D., West Union. 

RESIDENT OFFICERS. 

Albert Reynolds, M. D., Superintendent ; G. H. Hill, M. D., Assistant 
Physician; Noyes Appleman, Steward; Mrs. Lucy M. Gray, Matron. 

IOWA COLLEGE FOR THE BLIND. 
Vinton, Benton County. 

In August, 1852, Prof Samuel Bacon, himself blind, established an Insti- 
tution for the Instruction of tlie 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 first Board of Trustees were James D. Eads, President ; George W. 
McClary, Secretary; James II. Gower, Treasurer; ]\Iartin L. Morris, Stephen 
Hempstead, Morgan Reno and John McCaddon. The Board appointed Prof 



198 HISTORY OF THE STATE OF IOWA. 

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 As- 
sembly made an annual appropriation for the College of $55 per quarter for 
each pupil. This was subsequently changed to $3,000 per annum, 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. Although 
Mr. Bacon was blind, he was a fine scholar and an economical manager, and 
had founded the Blind Asylum at Jacksonville, Illinois. As a mathematician 
he had few superiors. 

On the 8th of May, 1858, the Trustees met at Vinton, and made arrange- 
ments 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. 0. Webb and others, and the Trustees adopted a plan for the 
erection of a suitable building. In 1860, the plan was modified, and the con- 
tract for enclosing let to Messrs. Finkbine & Lovelace, for $10,420. 

In August, 1862, the building was so far completed that the goods and fur- 
uiture of the institution were removed from Iowa City to Vinton, and early in 
October, the school was opened there with twenty-four pupils. At this time, 
Rev. Orlando Clark was Principal. 

In August, 1864, a new Board of Trustees were appointed by the Legisla- 
ture, consisting of James McQuin, President; Reed Wilkinson, Secretary; Jas. 
Chapin, Treasurer; Robert Gilchrist, Elijah Sells and Joseph Dysart, organized 
and made important changes. Rev. Reed Wilkinson succeeded Mr. Clark as 
Principal. Mrs. L. S. B. Wilkinson and Miss Amelia Butler were appointed 
Assistant Teachers ; Mrs. N. A. Morton, Matron. 

Mr. Wilkinson resigned in June, 1867, and Gen. James L. Geddes was 
appointed in his place. In September, 1869, Mr. Geddes retired, and was 
succeeded by Prof. S. A.Knapp. Mrs. S. C. Lawton was appointed Matron, 
and was succeeded by Mrs. M. A. Knapp. Prof, Knapp resigned July 1, 

1875, and Prof. Orlando Clark was elected Principal, who died April 2, 

1876, and was succeeded by John B. Parmalee, who retired in July, 1877, 
when the present incumbent. Rev. Robert Carothers, was elected. 

Trustees, 1877-8. — Jeremiah L. Gay, President ; S. H. Watson, Treasurer; 
H. C. Piatt, Jacob Springer, C. L. Flint and P. F. Sturgis. 

Faculty. — Principal, Rev. Robert Carothers, A. M. ; Matron, Mrs. Emeline 
E. Carothers; Teachers, Thomas F. McCune, A. B., Miss Grace A. Hill, 
Mrs. C. A. Spencer, Miss Mary Baker, Miss C. R. Miller, Miss Lorana Mat- 
tice. Miss A. M. McCutcheon ; Musical Director, S. 0. Spencer. 

The Legislative Committee who visited this institution in 1878 expressed 
their astonishment at the vast expenditure of money in proportion to the needs 
of the State. The structure is well built, and the money properly expended ; 
yet it was enormously beyond the necessities of the State, and shows an utter 
disregard of the fitness of things. The Committee could not understand why 
$282,000 should have been expended for a massive building covering about two 
and a half acres for the accommodation of 130 people, costing over eight thou- 
sand dollars a year to heat it, and costing the State about five hundred dollars 
a year for each pupil. 



HISTORY OF THE STATE OF IOWA. 199 

INSTITUTION FOR THE DEAF AND DUMB. 

Council Bluffs, Pottawattomie 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. The first Board of Trustees were: Hon. Samuel J. Kirkwood, Hon. E. 
Sells, W. Penn Clarke, J. P. Wood, H. D. Downey, William Crum, W. E. 
Ijams, Principal. On the resignation of Mr. Ijams, in 1862, the Board 
appointed in his stead Mr. Benjamin Talbot, for nine years a teacher in the 
Ohio Institution for the Deaf and Dumb. Mr. Talbot was ardently devoted to 
the interests of the institution and a faithful worker for the unfortunate class 
under his charge. 

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 Commis- 
sioners selected ninety acres of land about two miles south of the city of Coun- 
cil 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 6 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 run- 
ning order. 

The Legislative Committee which visited this Institution in the "Winter of 
1857-8 was not well pleased with the condition of aftairs, and reported that the 
building (west wing) was a disgrace to the State and a monument of unskillful 
workmanship, and intimated rather strongly that some reforms in management 
were very essential. 

Trustees, 1877-8. — Thomas Officer, President ; N. P. Dodge, Treasurer ; 
Paul Lange, William Orr, J. W. Cattell. 

Superintendent, Benjamin Talbot, M. A. Teachers, Edwin Southwick, 
Conrad S. Zorbaugh, John A. Gillespie, John A. Kennedy, Ellen J. Israel, 
Ella J. Brown, Mrs. H. R. Gillespie; Physician, H. W. Hart, M. D.; Steward, 
N. A. Taylor; Matron, Mary B. Swan. 

SOLDIERS' ORPHANS' HOMES. 

Davenport, Cedar Falls, Grlenwood. 

The movement which culminated in the establishment of this beneficent in- 
stitution was originated by Mrs. Annie Wittenmeyer, during the civil war of 
1861-65. This noble and patriotic lady called a convention at Muscatine, on 
the 7th 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 follen 
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 Or- 
phan Asvlum. 



200 HISTORY OF THE STATE OF IOWA. 

The first officers were : President, "William M. Stone ; Vice Presidents, Mrs. 
G. G. Wright, Mrs. R. L. Cadle, Mrs. J. T. Hancock, John R. Needham, J. W. 
Cattell, Mrs. Mary M. Bagg ; Recording Secretary, Miss Mary Kibben ; Cor- 
responding Secretary, Miss M. E. Shelton ; Treasurer, N. H. Brainerd; Board 
of Trustees, Mrs. Annie Wittenmeyer, Mrs. C. B. Darwin, Mrs. D. T. Newcomb, 
Mrs. L. B. Stephens, 0. Fayville, E. H. Williams, T. S. Parvin, Mrs. Shields, 
Caleb Baldwin, C. C. Cole, Isaac Pendleton, H. C. Henderson. 

The first meeting of the Trustees was held February 14, 18(34, in the Repre- 
sentative Hall, at Des Moines. Committees from both branches of the General 
Assembly were present and were invited to participate in their deliberations. 
Gov. Kirkwood suggested that a home for disabled soldiers should be connected 
with the Asylum. 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, of which Mr. Howell, of Keo- 
kuk, was Chairman, was appointed to lease a suitable building, solicit donations, 
and procure suitable furniture. This 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 neces- 
sary 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. 

Tlie work of preparation was conducted so vigorously that on the 1 3th 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 num- 
ber constantly increased, so that, in a little more than six months from the time 
of opening, there were seventy children admitted, and twenty more applica- 
tions, which the Committee had not acted upon — all orphans of soldiers. 

Miss M. Elliott, of Washington, was appointed Matron. She resigned, 
in February, 1865, and was succeeded by Mrs. E. G. Piatt, of Fremont 
Countv. 

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 
Assem bly provided for the location of several such "Homes" in the diiferent 
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 office 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 Assembly. 

The Home in Cedar Falls was organized in 1865, and an old hotel building 
was fitted up for it. Rufus C, Mary L. and Emma L. Bauer were the first 
children received, in October, and by January, 1866, there were ninety-six in- 
mates. 

October 12, 1869, the Home was removed to a large brick building, 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. 



HISTORY OF THE STATE OF IOWA. 201 

By " An act to provide for tlie 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 thereafter, 
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. 

STATE NORMAL SCHOOL. 
Cedar Falls, Black Hawk County. 

Chapter 129 of the laws of the Sixteenth General Assembly, in 1876, estab- 
lished 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 
char ere to the Directors of the new institution. 

The Board of Directors met at Cedar Falls June 7, 1876, and duly organ- 
ized by the election of H. C. Hemenway, President ; J. J. Toleston, Secretary, 
and E. Townsend, Treasurer. 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. At this meeting, Prof. J. C. Gilchrist was elected 
Principal of the School. 

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 appro- 
priation would admit, and the first terra of the school opened September 6, 1876, 
commencing with twenty-seven and closing with eighty-seven students. The 
second term closed with eighty-six, and one hundred and six attended during 
the third term. 

The following are the Board of Directors, Board of Officers and Faculty : 

Board of Directors. — H. C. Hemenway, Cedar Falls, President, term 
expires 1882 ; L. D. Lewelling, Salem, Henry County, 1878 ; W. A. Stow, 
Hamburg, Fremont County, 1878 ; S. G. Smith, New^ton, Jasper County, 
1880 ; E. H. Thayer, Clinton, Clinton County, 1880 ; G. S. Robinson, Storm 
Lake, Buena Yista County, 1882. 

Board of Officers. — J. J. Toleston, Secretary ; E. Townsend, Treasurer ; 
William Pattes, SteAvard ; Mrs. P. A. Schermerhorn, Matron — all of Cedar 
Falls. 

Faculty. — J. C. Gilchrist, A. M., Principal, Professer of, Mental and 
Moral Philosophy and Didactics ; ]\L W. Bartlett, A. M., Professor of Lan- 
guages and Natural Science ; D. S. Wright, A. M., Professor of Mathematics ; 
Miss Frances L. Webster, Teacher of Geography and History ; E. W. Burnham, 
Professor of Music. 

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 grounds of the 



202 HISTORY OF THE STATE OF IOWA. 

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 sup- 
ported 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 
Glen wood, April 26, 1876. Mr. Robertson was elected President; Mr. Russell, 
Treasurer, and Mr. Cattell, Secretary. 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 win- 
dows broken, doors oif their hinges, floors broken and filthy in the extreme, 
cellars reeking with offensive odors from decayed vegetables, and every conceiv- 
able variety of filth and garbage ; drains obstructed, cisterns broken, pump 
demoralized, wind-mill broken, roof leaky, and the whole property in the worst 
possible condition. It was the first work of the Trustees to make the house 
tenable. This was done under the direction of Mr. Russell. At the request 
of the Trustees, Dr. Charles T. Wilbur, Superintendent of the Illinois Asylum, 
visited Glenwood, and made many valuable suggestions, and gave them much 
assistance. 

0. W. Archibald, M. D., of Glenwood, was appointed Superintendent, 
and soon after was appointed Secretary of the Board, vice Cattell, resigned. 
Mrs. S. A. Archibald was appointed Matron, and Miss Maud M. Archibald, 
Teacher. 

The Institution was opened September 1, 1876 ; the first pupil admitted 
September 4, and the school was organized September 10, with only five pupils, 
which number had, in November, 1877, increased to eighty-seven. December 
1, 1876, Miss Jennie Van Dorin, of Fairfield, was employed as a teacher and 
in the Spring of 1877, Miss Sabina J. Archibald was also employed. 

THE REFORM SCHOOL. 

Eldora, Hardin County. 

By "An act to establish and organize a State Reform School for Juvenile 
Off'enders," 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 person 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 to Clark & Haddock, Sep- 
tember 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. 



HISTORY OF THE STATE OF IOWA. 203 

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 mileage, but no 
conipensation for their services. 

The object is the reformation of the children of both sexes, under the age 
of 16 years 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, manufac- 
turing 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, disci- 
plined, 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. Tlie 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 offense for which he or she was committed. 

This is one step in the right direction. In the future, however, still further 
advances wdl be made, and the right of every individual to the fruits of their 
labor, even while restrained for the public good, will be recognized. 

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 appro- 
priated ^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 enable the 
Commissioners to better superintend the construction of fishways as required by 
law. That part of the State lying south of the Chicago, Rock Island k Pacific 
Railroad was placed under the especial supervision of Mr. Evans ; that part be- 
tween that railroad and tlie Iowa Division of the Illinois Central Railroad, Mr. 
Shaw, and all north of the Illinois Central Railroad, Mr. Haines. At this 
meeting, the Superintendent was authorized to build a State Hatching House ; 
to 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 diam- 
eter, affording an abundant and unfailing supply of pure running water. During 



204 HISTORY OF THE STATE OF IOWA. 

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 but 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 
distrib ited. These came from New York and they are increasing rapidly. 

At the close of 1877, there were at least a dozen private fish farms in suc- 
cessful operation in various parts of the State. Commissioner Shaw is en- 
thusiastically devoted to the duties of his office and has performed an important 
service for the people of the State by his intelligent and successful operations. 

The Sixteenth General Assembly passed an act in 1878, prohibiting the 
catching of any kind of fish except Brook Trout from March until June of each 
year. Some varieties are fit for food only during this period. 



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. 
6. The Saline Grant. 

6. The Des Moines Eiver 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 entitled 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 cf 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 



HISTORY OF THE STATE OF IOWA. 205 

a board of School Fund Commissioners, and to that board wag confided the 
selection, care and sale of tliese lands for the benefit of the School Fund. Until 
1855, these Commissioners were subordinate to the Superintemlent 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 Marcli 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 tlie 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 
oft' 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 desiring 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 attorney of the board, or other person duly authorized, shall, 
on behalf of the State or county for the use of said fund, bid sucli 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 tliem, including 
description and amount, are required to be made to the State Land Office. 



206 HISTORY OF THE STATE OF IOWA. 



IV. UNIVERSITY LANDS. 



By act of Congress, July 20, 1840, a quantity of land not exceeding two 
f-ntire townships was reserved in the Territory of Iowa for the use and support 
jf 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 : 

ACRES. 

In the Iowa City Land District, Feb. 26, 1849 20,150.49 

In the Fairiiekl 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 support- 
ing 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 folloAvs : 

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 Raccoon 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 appropri- 
ated), in a strip five miles in width on each side of said river, to be selected within said Terri- 
tory 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 Gov- 
ernor of said Territory or State shall certify the fact to the President of the LTnited States that 
one-half of said sum has been expended upon said improvements, when the said Territory or 



HISTORY OF THE STATE OF IOWA. 207 

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 time 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 Slate 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 
Aug. S, 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, ap- 
proved February 24, 1847, entited "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 derived 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 ap- 
proved 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 only to the Raccoon Forks ; others held, as the 
agents to make selection evidently did, that it extended from the mouth to the 
head waters 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 Com- 
missioner 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, Sec- 
retary 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 with- 
hold 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 AValker, but ordered the lands to be withheld from sale until Con- 



208 HISTORY OF THE STATE OF IOWA. 

gress could have an opportunity to pass an explanatory act. The Iowa author- 
ities 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 ex- 
tended to the very source of the Des Moines, but before his opinion was pub- 
lished 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 sub- 
ject before the President and Cabinet, who decided in favor of the State. 

October 29, 1851, Mr. Stewart directed the Commissioner of the General 
Land OflSce 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 hereafter 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, estimates 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 elec- 
tion of a Commissioner by the people, and appointed two Assistant Commission- 
ers, 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 im- 
provement of the river, and in paying the indebtedness then due. This con- 
tract 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, 
therefo.re, become the property of the Company, under the provisions of its 
contract with the State. 

March 21, 1856, the old question of the extent of the gr-^ it was again raised 
and the Commissioner of the General Land Office decided th it was limited to 



HISTORY OF. THE STATE OF IOWA. 209 

the Raccoon Fork. Appeal was made to the Secretary of the Interior, and by 
him the matter was referred to the Attorney General, who decided that the grant 
extended to the northern boundary of the State ; the State relinquished its 
claim to 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 north- 
ern boundary within the limits of the grant, were reserved 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 Navi- 
igation k Railroad Company, applying the proceeds thereof to the improve- 
ment 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 Avork 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 lands. 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 disagree- 
ments 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 Com- 
pany 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 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 Gen- 
eral 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 tlie land in 
security for the payment thereof, and for the completion of the locks and dams 
at Bentonsport, Croton, Keosau(|ua 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 die 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 pre- 
sented 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 Avhich had 
been settled. 



210 HISTORY OF THE STATE OF IOWA. 

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 Court 
of the United States, in 1859-60, a decision was rendered declaring that the 
grant did not extend above Raccoon Fork, and that all certificates of land above 
the Fork had been issued without authority of law and Avere, therefore, void 
(see 23 How., QQ). 

The State of Iowa had disposed of a large amount of land without 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 wdiich the United States then still retained in the tracts 
of land along the Des Moines River above Raccoon Fork, that had been im- 
properly 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 sec- 
tions (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 accord- 
ance 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 provisions 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 released 
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; Provider!, 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 invalid, 
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, respect- 
ively, 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, September 11, 1862, in extra session. On 
the same day, the Governor was authorized to appoint one or more Commis- 
sioners 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 Avere to be held for the purposes of the grant, and 
were not to be disposed of until further legislation should be had. D. W. Kil- 
burne, of Lee County, Avas 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 Avere made in the Fort Dodge and Sioux City Land Districts. 

Many difficulties, controversies and conflicts, in relation to claims and titles, 
groAV 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 Assem- 
bly sought, by Avise and appropriate legislation, to protect the integrity of titles 
derived from the State. Especially Avas the determination to protect the actual 
settlers, Avho had paid their money and made improvements prior 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, 



HISTORY OF THE STATE OF IOWA. 211 

1853, by the Superintendent of Public Instruction, who authorized John Tol- 
man, 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 indi- 
vidual 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 10 per cent, interest, 
on the contract to purchase made wuth Mr. Tolman. Under this act, five appli- 
cations 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 cer- 
tain 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 interest 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 perform 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, Feb- 
ruary 27, 1864, at the same time entered its protest that it hud 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 
uncanceled under the act of i860. But before any were issued, on the 27tli of 
August, 1864, the Des Moines Navigation & 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 parte 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. Carpen- 
ter, 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. 

By 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 



212 HISTORY OF THE STATE OF IOWA. 

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 
Dec. 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. Speculators 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 applica- 
tions 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 Commis- 
sioner of the General Land Office held that it was only a qualified confirma- 
tion, 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 num- 
bered 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 decisions of the Department adverse to the 
State the Avay was opened, and they 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 contest 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 
Sept. 28, 1850. A great deal of legislation has been found necessary in rela- 
tion to these swamp lands. 

IX. — THE RAILROAD CJRANT. 

One of the most important grants of public lands to Iowa for purposes of 
internal improvement was that known as tlie "Railroad 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 



HISTORY OF THE STATE OF IOWA. 213 

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 com- 
pleted 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 lines 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 minimum price of the public lands when sold, nor Avere 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 aforesaid, 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 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 July 
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 pro- 
vided 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, ]859, 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 & JNIissouri River Railroad 
Company, which accepted them. 

By act, approved April 7, 1862, the Dubuque & Sioux City Railroad Com- 
pany 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 contemplate the sale of them b?/ the State, and the appropriation 
of the proceeds to aid in the construction of certain lines of railroad Avithin its^ 



214 HISTORY OF THE STATE OF IOWA. 

limits. Section 4 of the act clearly defines the authority of the State in dis- 
posing 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, 
1854, 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 char- 
acter 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, 11 ; 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 774,674.36 " 

Cedar Rapids & Missouri River R. R 775,454.19 " 

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 railroads unless the claim of the State to 
them as swamp was first rejected. It was not possible to determine from the 
records of the State 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 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 to 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 neces- 
sary 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 Rail- 
road 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, under 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 



HISTORY OF THE STATE OF IOWA. 215 

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 subsecjuent 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 con- 
trol 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 condition- 
ally 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 Gen- 
eral Land Office vested the title in the State only by virtue of the act of Con- 
gress 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, Avas 
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 sub- 
sequent 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 toAvn 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 com- 
panies, 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 original 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 fur- 
ther 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 L'^nited States autliorities could not rightfully re(|uire 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 Avhenever the Davenport & Council Bluffs Railroad Com- 
pany should file in the General Land Office at "Wasliington a map definitely 
showing such new location, the Secretary of the Interior should cause to be cer- 
tified 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 



216 HISTORY OF THE STATE OF IOWA. 

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 derived 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, re- 
served 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 
Kailroad, and dictated the conveyance of lands in a similar manner. 

Like provision was made for the Dubuque & Sioux City Railroad, 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 orig- 
inal act, nor did it chanire the location of those lands. 

By the same act, the Mississippi & Missouri Railroad Company was author- 
ized 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 com- 
pleted ; 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 otherwise 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," occa- 
sioned much controversy and trouble. The Department of the Interior, how- 
ever, 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 refused 
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. 



HISTORY OF THE STATE OF IOWA. 217 

X. — AGRICULTURAL COLLEGE AND FARM LANDS. 

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 Con- 
gress, 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, 1862, 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 1860, they 
were respectively 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 Legis- 
lature, approved September 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 agriculture 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 report 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 appro- 
priated to carry the law into effect. The State, having tAvo 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 selec- 
tions, 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 was vested in the State in fee simple, and con- 
flicted with no other claims under other grants. 

The agricultural lands were approved to the State as 240,000.96 acres; but 
as 35,691.66 acres were located within railroad limits, which were computed at 
the rate of tAvo acres for one, the actual amount of land approved to the State 
under this grant Avas 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 " 



218 HISTORY OF THE STATE OF IOWA. 

By act of the General Assembly, approved March 29, 1864, entitled, " An 
act authorizing the Trustees of the Iowa State Agricultural College and Farm 
to sell all lands acquired, granted, donated or appropriated for the benefit 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 au- 
thorized to take possession, and sell or lease them. They were then, under the 
control of the Trustees, lands as follows : 

Under the act of July 2, 1852 204,309.30 acres. 

Of the five-section grant 3,200.00 " 

Lands donated in Story County 721.00 " 

Lands donated in Boone County 200.00 " 

Total 208,4.30.30 acres. 

The Trustees opened an office at Fort Dodge, and appointed Hon. G. W' 
Bassett their agent for the sale of these lands. 



o" 



THE PUBLIC SCHOOLS. 

The germ of the free public school system of Iowa, which now ranks sec- 
ond to none in the United States, was planted by the first settlers. They had 
migrated to the " 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 this 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, superseded 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 ex- 
pended 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. When it was 
completed, George Cabbage was employed as teacher during the Winter of 
1833-4, and thirty-five pupils attended his school. Barrett Whittemore taught 
the second term with twenty-five pupils in attendance. Mrs. Caroline Dexter 



HISTORY OF THE STATE OF IOWA. ■ 219 

commenced teaching in Dubuque in March, 1836. She avus the first female 
teacher there, and probably the first in Iowa. In 1839, Thomas H. Benton, 
Jr., afterward for ten years Superintendent of Public Instruction, opened an 
English and classical school in Dubu(|ue. 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 Spring of 1837, and in 1839, a log school house was erected in Musca- 
tine, which served for a long time for school house, clmrch and ])ublic 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 1843, 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 by Gray, William V. Beedle, C. Renfro, 
Joseph McMullen and Willoughby Randolph, and the first school was opened 
by Miss Urania Adams. The building was occupied for school purposes for 
nearly ten years. About a ^'•ear after the first cabin was built at Oskaloosa, a 
log school house was built, in which school was opened by Samuel W. Caldwell 
in 1844. 

At Fort Des Moines, now the capital of the State, the first school was 
taught by Lewis Whitten, Clerk of the District Court in the Winter of 1846-7, 
in one of the rooms on " Coon Row^," built for barracks. 

The first school in Pottawattomie County was opened by George Green, a 
Mormon, at Council Point, prior to 1849 ; and until about 1854, nearly, if not 
quite, all the teachers in that vicinity Avere Mormons. 

The first school in Decorah was taught in 1853, by T. W. Burdick, then a 
young man of seventeen. 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 house pi'e- 
vailed, 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 dis- 
appearing. 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 gov- 
erned by boards of trustees, usually of three persons ; eacii district was required 



220 HISTORY OF THE STATE OF IOWA. 

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 scholars within its limits, about four hundred school dis- 
tricts had been organized. In 1850, there were 1,200, and in 1857, the 
number had increased to 3,265. 

In March, 1858, upon the recommendation of Hon. M. L. Fisher, then Su- 
perintendent of Public Instruction, 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 into force March 20, 1858, and 
reduced the number of school districts from about 3,500 to less than 900. 

This 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 1867 to 1872, to abolish the sub- 
district system. Mr. Kiss?ll, Superintendent, recommended, in his report of 
January 1, 1872, and Governor Merrill forcibly endorsed his views in his annual 
message. But the Legislature of that year provided for the formation of inde- 
pendent districts from the sub-districts of district townships. 

The system of graded schools was inaugurated in 1849 ; and new schools, in 
T\rhich 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, who said, "An institution of this character was organized a 
few years ago, composed of the teachers of the mineral regions of Illinois, 
Wisconsin and Iowa. An association of teachers has, also, been formed in the 
county of Henry, and an effort was made in October last to organize a regular 
institute in the county of Jones." At that time — although the beneficial 
influence of these institutes was admitted, it was urged that the expenses of 
attending them was greater than teachers with limited compensation were able 
to bear. To obviate this objection, Mr. Benton recommended that '" the sum of 
$150 should be appropriated annually for three years, to be drawn in install- 
ments of $50 each by the Superintendent of Public Instruction, and expended 
for these institutions." He proposed that three institutes should be held annu- 
ally at points to be designated by the Superintendent. 

No legislation in this direction, however, was had until March, 1858, when 
an act was passed authorizing tlie 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 thousand dollars was appropriated to 
defray the expenses of these institutes. 

December 6, 1858, Mr. Fisher reported to the Board of Education that 
institutes had been appointed in twenty counties within the preceding six months, 
and more would have been, but the appropriation had been exhausted. 

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." 



HISTORY OF THE STATE OF IOWA. 221 

In 1865, Mr. Faville reported that " the provision made by the State for the 
benefit of teachers' institutes has never been so fully appreciated, both by the 
people and the teachers, as during the last two years." 

By act approved March 11>, 1871, Normal Institutes were established in 
each county, to be held annually by the County Superintendent. This Avas 
regarded as a very decided step in advance by ]Mr. Abernethy, 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. This 
school is now " in the full tide of successful experiment." 

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 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 to it ; 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, Avhich 
cannot be diverted to any other purpose. The penalties collected by the courts 
for fines and forfeitures 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 accord- 
ing 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 avail- 
able 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 
bv the State xVuditor serai-annuallv to the several counties of the State, in pro- 
portion 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 legallv called. The school houses of Iowa are 
the pride of the State and an honor to the people. If they have been some- 
times l)uilt at a prodigal expense, the tax payers have no one to blame but 
themselves. The teachers' and contingent funds are determined by the Board of 
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 support 



222 HISTORY OF THE STATE OF IOWA. 

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. Mr. Abernethy, Avho was Superintendent of Public Instruc- 
tion from 1872 to 1877, said in one of his reports : 

There is but little opposition to the levy of taxes for the support of schools, and there 
would be still less if the funds were always properly guarded and judiciously expended. How- 
ever much our people disagree upon other subjects, they are practically united upon this. 
The opposition of wealth has long since ceased to exist, and our wealthy men are usually the 
most liberal in their views and the most active friends of popular education. They are often 
found upon our school boards, and usually make the best of school officers. It is not uncommon 
for Boards of Directors, especially in the larger towns and cities, to be composed wholly of men 
who represent the enterprise, wealth and business of their cities. 

At the close of 1877, there were 1,086 township districts, 3,138 indepen- 
dent districts and 7,015 sub-districts. There were 9,948 ungraded and 47G 
graded schools, with an average annual session of seven months and five days. 
There were 7,348 male teachers employed, whose average compensation was 
$34.88 per month, and 12,518 female teachers, with an average compensation 
of $28.69 per month. 

The number of persons between the ages 5 and 21 years, in 1877, was 
567,859; number enrolled in public schools, 421,163; total average attendance, 
251,372; average cost of tuition per month, fl.62. There are 9,279 frame, 
671 brick, 257 stone and 89 log school houses, making a grand total of 10,296, 
valued at $9,044,973. The public school libraries number 17,329 volumes. 
Ninety-nine teachers' institutes were held during 1877. Teachers' salaries 
amounted to $2,953,645. There was expended for school houses, grounds, 
libraries and apparatus, $1,106,788, and for fuel and other contingencies, 
$1,136,995, making the grand total of $5,197,428 expended by the generous 
people of Iowa for the support of their magnificent public schools in a single 
year. The amount of the permanent school fund, at the close of 1877, was 
$3,462,000. Annual interest, $276,960. 

In 1857, there were 3,265 independent districts, 2,708 ungraded schools, 
and 1,572 male and 1,424 female teachers. Teachers' salaries amounted to 
$198,142, and the total expenditures for schools was only $364,515. Six hun- 
dred and twenty-three volumes were the extent of the public school libraries 
twenty years ago, and there Avere only 1,686 school houses, valued at $571,064. 

In twenty years, teachers' salaries have increased from $198,142, in 1857, 
to $2,953,645 in 1877. Total school expenditures, from $364,515 to 
$5,197,428. 

The significance of such facts as these is unmistakable. Such lavish expen- 
ditures 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 surroundings 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 
purposes of public education. 



HISTORY OF THE STATE OF IOWA. 223 

* 

POLITICAL RECORD. 

TERRITORIAL OFFICERS. 

G-overnors — Robert Lucas, 1838-41 ; John Chambers, 1841-45 ; James 
Clarke, 1845. 

/Secretaries — William B. Conway, 1838, died 1839 ; James Clarke, 1839 ; 
0. 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-II ; Stephen Hempstead, 
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 
Hempstead, 1845-6. 

Speakers of the House — William H. Wallace, 1838-9 ; Edward Johnston, 
1839-40 ; Thomas Cox, 1840-1 ; W^arner 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, ISIflf — Shepherd Leffler, President ; Geo. 
S. Hampton, Secretary. 

Second Constitutional Convention, 184-6 — Enos Lowe, President; William 
Thompson, Secretary. 

OFFICERS OF THE STATE GOVERNMENT. 

Governors — Ansel Briggs, 1846 to 1850 ; Stephen Hempstead, 1850 to 
1854; .James W. Grimes, 1854 to 1858 ; Ralph P. Lowe, 1858 to 1860; Sam- 
uel J. Kirkwood, 1860 to 1864 ; William M. Stone, 1864 to 1868 ; Samuel 
Morrill, 1868 to 1872 ; Cyrus C. Carpenter, 1872 to 1876 ; Samuel J. Kirk- 
wood, 1876 to 1877; Joshua G. Newbold, Acting, 1877 to 1878; John H. 
Gear, 1878 to . 

Lieutenant Governor — Office created by the new Constitution September 3, 
1857— Oran Faville, 1858-9 ; Nicholas J. Rusch, 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. Bulls, 1872-3; Joseph Dy- 
sart, 1874-5 ; Joshua G. Newbold, 1876-7 ; Frank T. Campbell, 1878-9. 

Secretaries of State — Elisha Cutler, Jr., Dec. 5, 1846, to Dec. 4, 1848; 
Josiah H. Bonnev, Dec. 4, 1848, to Dec. 2, 1850; George W. McCleary, Dec. 
2, 1850, to Dec. 1, 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 . 

Auditors of State— Joseph T. Fales, Dec. 5, 1846, to Dec. 2, 1850 ; Will- 
iam 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 . 

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 



224 HISTORY OF THE STATE OF IOWA. 

1867 ; Samuel E. Rankin, 1867 to 1873 ; William Christy, 1873 to 1877 ; 

George W. Bemis, 1877 to . 

Superintendents of Public Instruct ion— Office created in 1847~James Harlan, 
June 5, 1845 (Supreme Court decided election void) ; Thomas H. 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 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, 1867, to Jan., 1870 ; A. S. Kissell, 1870 to 1872 ; Alonzo Abernethy, 
1872 to 1877 ; Carl W. Von Coelln, 1877 to . 

State Binders — Office created February 21, 1855 — 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 1875; 
James J. Smart, 1875 to 1876 ; H. A. Perkins, 1876 to . 

Registers of tlie'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 January, 1871 ; Aaron Brown, January, 1871, to 
to January, 1875; David Secor, January, 1875, to -. 

State Printers — Office created Jan. 3, 1840 — 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 . 

Adjutants Greneral — 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 . 

Attorneys (reweraZ— David C. Cloud, 1853-56 ; 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, 1867-72; 
Marsena E. Cutts, 1872-6 ; John F. McJunkin, 1877. 

Presidents of the Senate — Thomas Baker, 1846-7 ; Thomas Hughes, 
1848 ; John J. Selman, 1848-9 ; Enos Lowe, 1850-1 ; William E. Leffing- 
well, 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 
EdAvards, 1860-1; Rush Clark, 1862-3; Jacob Butler, 1864-5; Ed. Wright, 
1866-7 ; John Russell, 1868-9 ; Avlett R. Cotton, 1870-1 ; James Wilson, 
1872-3; John H. Gear, 1874-7; John Y. Stone, 1878. 

Hew Constitutional Convention, 1859 — Francis Springer, President ; Thos. 
J. Saunders, Secretary. 



HISTORY OF THE STATE OF IOWA. 225 

STATE OFFICERS, 1878. 

John H. Gear, Governor ; Frank T. Campbell, Lieutenant Governor ; Josiah 
T. Young, Secretary of State; Buren R. Sherman, Auditor of State; George 
W. Bemis, Treasurer of State; David Secor, Register of State Land Office; 
John H. Looby, Adjutant General; John F. McJunken, Attorney General; 
Mrs. Ada North, State Librarian ; Edward J. Holmes, Clerk Supreme Court ; 
John S. Runnells, Reporter Supreme Court; Carl W. Von Coelln, Superintend- 
ent Public Instruction; Richard P. Clarkson, State Printer; Henry A. Perkins, 
State Binder; Prof. Nathan R. Leonard, Supei'intendent of Weights and 
Measures; William H. Fleming, Governor's Private Secretary; Fletcher W. 
Young, Deputy Secretary of State; John C. Parish, Deputy Auditor of State; 
Erastus G. Morgan, Deputy Treasurer of State; John M. Davis, Deputy Reg- 
ister Land Office; L-a C. Kling, Deputy Superintendent Public Instruction. 

THE JUDICIARY. 

SUPREME COUKT OF IOWA. 

■ Chief Justices. — Charles Mason, resigned in June, 1847; Joseph Williams, 
Jan., 1847, to Jan., 1848; S. Clinton Hastings, Jan., 1848, to Jan., 1849; Joseph 
Williams, Jan., 1849, to Jan. 11, 1855; Geo. G. Wright, Jan. 11, 1855, to Jan., 
1860 ; Ralph P. Lowe, Jan., 1860, to Jan. 1, 1862 ; Caleb Baldwin, Jan., 1862, to 
Jan., 1864; Geo. G. Wright, Jan., 1864, to Jan. ,1866; Ralph P. Lowe, Jan. ,1866, 
to Jan., 1868; John F. Dillon, Jan., 1868, to Jan., 1870; Chester C. Cole, Jan. 
1, 1870, to Jan. 1, 1871; James G. Day, Jan. 1, 1871, to Jan. 1, 1872; Joseph 
M. Beck, Jan. 1, 1872, to Jan. 1, 1874; W. E. Miller, Jan. 1, 1874, to Jan. 1, 
1876; Chester C. Cole, Jan. 1, 1876, to Jan. 1, 1877; James G. Day, Jan. 1, 
1877, to Jan. 1, 1878; James H. Rothrock, Jan. 1, 1878. 

Associate Judges. — Joseph Williams; Thomas S. Wilson, resigned Oct., 
1847; John F. Kinney, June 12, 1847, resigned Feb. 15, 1854; George 
Greene, Nov. 1, 1847, to Jan. 9, 1855; Jonathan C. Hall, Feb. 15, 1854, to 
succeed Kinney, resigned, to Jan., 1855; William G. Woodward, Jan. 9, 1855; 
Norman W. Isbell, Jan. 16, 1855, resigned 1856; Lacen D. Stockton, June 3, 
1856, to succeed Isbell, resigned, died June 9, 1860; Caleb Baldwin, Jan. 11, 
1860, to 1864; Ralph P. Lowe, Jan. 12, 1860; George G. Wright, June 26, 
1860, to succeed Stockton, deceased; elected U. S. Senator, 1870; John F. Dil- 
lon, Jan. 1, 1864, to succeed Baldwin, resigned, 1870; Chester C. Cole, March 
1, 1864, to 1877 ; Joseph M. Beck, Jan. 1, 1868 ; W. E. Miller, October 11, 
1864, to succeed Dillon, resigned; James G. Day, Jan. 1, ,1871, to succeed 
Wright. 

SUPREME COURT, 1878. 

James H. Rothrock, Cedar County, Chief Justice; Joseph M. Beck, Lee 
County, Associate Justice ; Austin Adams, Dubuque County, Associate Justice ; 
William H. Seevers, Oskaloosa County, Associate Justice; James G. Day, Fre- 
mont County, Associate Justice. 

CONGRESSIONAL REPRESENTATION. 

UNITED STATES SENATORS. 

(The first General Assembly failed to elect Senators.) 

George W. Jones, Dubu(jue, Dec. 7, 1848-1858 ; Augustus C. Dodge, Bur- 
lington, Dec. 7, 1848-1855; James Harlan, Mt. Pleasant, Jan. 6, 1855-1865; 
James AV. Grimes, Burlington, Jan. 26, 1858-died 1870 ; Samuel J. Kirkwood, 
Iowa City, elected Jan. 13, 1866, to fill vacancy caused by resignation of James 



226 HISTORY OF THE STATE OF IOWA. 

Harlan ; James Harlan, Mt. Pleasant, March 4, 1866-1872 ; James B. Howell, 
Keokuk, elected Jan. 20, 1870, to fill vacancy caused by the death of J. W. 
Grimes — term expired March 3d ; George G. Wright, Des Moines, March 4, 
1871-1877; William B. Allison, Dubuque, March 4, 1872; Samuel J. Kirk- 
wood, March 4, 1877. 

MEMBERS OF HOUSE OF REPRESENTATIVES. 

Twenty-ninth Congress — 184^6 to 1847. — S. Clinton Hastings ; Shepherd 
Leffler. 

Thirtieth Congress — 1847 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 R. 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. Wil- 
son. Second District, William A^andever. 

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 ; Sec- 
ond District, Hiram Price ; Third District, William B. Allison, Fourth District, 
William Loughridge; Fifth District, Granville 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 Dis- 
trict, Charles Pomeroy. 

Forty-second Congress — 1871 to 1873. — First District, George W. Mc- 
Crary ; Second District, Aylett R. Cotton ; Third District, W. G. Donnan ; 
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 Y. Donnan ; Fourth 
District, Henry 0. Pratt ; Fifth District, James Wilson ; Sixth District, 

* Vacated seat by acceptance of commission as Brigadier General, and J. F. Wilaon chosen his successor. 





^r/TJ'TT? crr-^ ^^ 



BELLE PLAIN E 



HISTORY OF THE STATE OF IOWA. 229 

"William Loughridge; Seventh District, John A, Kasson ; Eighth District, 
James W. McDill ; Ninth District, Jackson Orr. 

Forty-fourth Congress— 1875 to 1877.— First District, George W. Mc- 
Crary ; Second District, John Q. Tufts; Third District, L. L. Ainsworth; 
Fourth District, Henry 0. Pratt; Fifth District, James "Wilson ; Sixth District, 
Ezekiel S. Sampson ; Seventh District, John A. Kasson ; Eighth District, 
James "W. McDill ; Fifth District, Addison Oliver. 

Forty-fifth Congress — 1877 to 1879. — First District, J. C. Stone; Second 
District, iliram 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, Addison Oliver. 

WAR RECORD. 

The State of Iowa may well he proud of her record during the "War of the 
Rebellion, from 1861 to 1865. The follo-\ving 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 vet 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 Avith 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 
Re>riment, was issued on the fourth day 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 of the number who had been offered by company com- 
manders for acceptance under the President's call. So urgent Avere these ofiers 
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 upward 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 occured 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 Genei'al 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 emer- 
gency. A wealthy merchant of the State (Ex-Governor Merrill, then a resident 
of McGregor) immediately took from the Governor a contract to supply a com- 
plete 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 con- 



230 HISTORY OF THE STATE OF IOWA. 

tract he executed to the letter, and a portion of the clothing (which was manu- 
factured 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 con- 
federate forces were also clothed in gray, and that color was at 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 efibrts 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 provision for the protection of her own borders, 
from threatened invasion on the south by the Secessionists of Missouri, and 
from danger of incursions from the west and northwest by bands of hostile 
Indians, who were freed from the usual restraint imposed upon them by the 
presence of regular troops stationed at the frontier posts. These troops were 
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 Northerri 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 Springfield, 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 of the men it took into action. 

" The initial operations in which the battles referred to took place were fol- 
lowed by the more important movements led by Gen. 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, Tenn- 
nessee, 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 



HISTORY OF THE STATE OF IOWA. 231 

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 Avere employed 
on the outposts of the besieging array. The brilliancy of their exploits on the 
many fields where they served won for them the highest meed 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 neigh- 
boring 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 
nbove all other periods iji 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 endurance on the march. 

" Two Iowa three-year cavalry regiments were employed during their 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 supplied 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 West. 

*' 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 the front rank of those who became distinguished for their 
exhibitions of patriotic benevolence during the period covered by the war. 
Agents appointed by the Governor were stationed at points convenient for ren- 
dering 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 soldiery 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 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 became necessary to pro- 
vide increased accommodations for the large number of children who Avere 
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. 



232 HISTORY OF THE STATE OF IOWA. 

"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 Avas established at 
Glenwood, Mills County. Convenient tracts were secured, and valuable improve- 
ments made at all the different points. Schools were also established, and em- 
ployments provided for such of the children as were of suitable age. In all 
ways the provision made for these wards of the State has been such as to chal- 
lenge the approval of every benevolent mind. The number of children who 
have been inmates 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 regi- 
ments and one battalion 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 liability, 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 
subdistricts 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 obligations 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 com- 
menced. 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 
her troops sent into the field, and to meet the inevitable demands upon her 
treasury in consequence of the war. 



HISTORY OF THE STATE OF IOWA. 



233 



NUMBER OF TROOPS FURNISHED BY THE STATE OF IOWA 

DURING THE WAR OF THE REBELLION, 

TO JANUARY 1, 1865. 



No. Regiment. 



1st Iowa 

2d 

3d 

4th 

5th 

6th 

7lh 

8th 

9th 
10th 
11th 
12th 
13th 
14th 
15th 
16th 
17th 
18th 
19th 
20th 
21st 
22d 
23d 
24th 
25th 
26th 
27th 
28th 
29th 
30th 
31st 
32d 
33d 
34th 
35th 
36th 
37th 
38th 



Infantry . 



No. of 
men. 



959 

1,247 

1,074 

1,184 

1,087 

1,013 

1,138 

1,027 

1,090 

1,027 

1,022 

981 

989 

840 

1,196 

919 

956 

875 

985 

925 

980 

1,008 

961 

979 

995 

919 

940 

956 

1,005 

978 

977 

925 

985 

953 

984 

986 

914 

910 



No. Regiment. 



39th Iowa Infantry 

40th " 

41st Battalion Iowa Infantry... 
44th Infantry (1 00-day s men). 
45th " " " . 

46th " " " . 

47th " " " . 

48th Battalion '■■ " . 

1st Iowa Cavalry 

2d " " 



No. of 
men. 



3d " " 

4th " " 

5th " " 

6th " " 

7th " " 

8th " " 

9th " " 

Sioux City Cavalry* 

Co. A, 11th Penn. Cavalry. 

1st Battery Artillery 

2d " " 

3d " " 



4th " " 

1st Iowa African Infantry, 60th U. Sf.. 

Dodge's Brigade Band 

Band of 2d Iowa Infantry 1 

Enlistments as far as reported to Jan. 1, 

1864, for the older Iowa regiments 

Enlistments of Iowa men in regiments 
of other States, over 

Total 

Re-enlisted Veterans for different Regi- 
ments 

Additional enlistments 

Grand total as far as reported up to Jan. 
1, 1865 



933 

900 

294 

867 

912 

892 

884 

346 

1,478 

1,394 

1,360 

1,227 

1,245 

1,125 

562 

1,234 

1,178 

93 

87 

149 

123 

142 

152 

903 

14 

10 

2,765 

2,500 

61,653 

7,202 

6,664 



75,519 



This does not include those Iowa men who veteranized in the regiments of other States, nor 
the names of men who enlisted during 1864, in regiments of other Slates. 
* Afterward consolidated with Seventh Cavalry, 
f Only a portion of this regiment was credited to the State. 



234 



HISTORY OF THE STATE OF IOWA. 



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HISTORY OF THE STATE OF IOWA. 



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HISTORY OF THE STATE OF IOWA. 



237 





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238 



HISTORY OF THE STATE OF IOWA. 



POPULATION OF IOWA, 
By Counties. 



COUNTIES. 


AGGREGATE. 




1875. 


1870. 


I860. 


1850. 


1840. 


Voters. 


Adair 


7045 

7832 
19158 

2370 
17405 
28807 
22913 
17251 
13220 
17315 

3561 


3982 

4614 
17868 
16456 

1212 
22454 
21706 
14584 
12528 
17034 

1585 


984 

1533 

12237 

11931 

454 

8496 

8244 

4232 

4915 

7906 

57 






1616 


Adams 






1727 


Allamakee 


777 
3131 




3653 


Appanoose 

Audubon 




627 




3679 


Benton 


672 
135 
735 




4778 


Black Hawk 




4877 


Boone 




3515 


Bremer 




2656 


Buchanan 


517 




3890 


Buena Vista 




817 


Buncombe* 








Butler 


11734 

3185 

5760 

10552 

17879 

6685 

424c^ 

11400 

10118 

3559 

27184 

34295 

6039 

14386 

15757 

13249 

16893 

35415 

1748 

43845 

1436 

20515 

13100 

6558 

13719 

7028 

8134 

9638 

7701 

1482 

15029 

11818 

21594 

7875 

3455 

794 

17456 

23061 

24128 

17127 

24654 

19168 


9951 

1602 

2451 

6464 

19731 

4722 

1967 

10180 

8735 

1523 

27771 

35357 

2530 

12019 

15565 

12018 

17432 

27256 

1389 

38969 

1392 

16973 

10768 

4738 

11173 

4627 

6399 

7061 

6055 

999 

13684 

8931 

21463 

6282 

2596 

226 

16644 

22619 

22116 

17839 

24898 

19731 


3724 

147 

281 

1612 

12949 

940 

58 

4336 

5427 

52 

20728 

18938 

383 

5244 

13764 

8677 

11024 

19611 

180 

31164 

105 

12073 

3744 

1309 

5074 

1374 

793 

3058 

1699 

179 

5440 

3621 

18701 

3168 

332 

43 

8029 

18493 

9883 

15038 

17573 

13306 






2598 


'Calhoun 


' 




681 


Carroll 






1197 


'Cass 






2422 


Cedar 


3941 


1253 


3934 


■Cerro Gordo 


1526 








1001 


'Chickasaw 






2392 


Clarke 


79 




2213 


Clay 




868 


■Clavton 


3873 
2822 


1101 
821 


5272 


'Clinton 


5569 


Crawford 


1244 


Dallas 


854 
7264 

965 

1759 

12988 




3170 
3448 


Decatur 




2882 


Des Moines 


168 
5577 


3662 
6654 


Dickinson 


394 


Dubuque 


10841 


3059 


8759 
299 


Fayette 

Franklin 


825 




4637 




2884 






1374 




1244 




2998 


'Greene 




1622 


Grundv 






1525 


Guthrie 






2339 


Hamilton 






1455 


Hancock 






303 








3215 


Harrison 






2658 




8707 


3772 


4641 


Howard 


1712 








695 


Ida 






172 




822 
7210 
1280 
9904 
4472 
3007 




3576 


Jackson 


1411 


4901 


Jeflferson '. 

Johimon 


5239 


2773 
1491 


3721 


Jones 


471! 4180 



* In 1862, name changed to Lyon. 



HISTORY OF THE STATE OF IOWA. 



239 



POPULATION OF IOWA— Concluded. 



COUNTIES. 


AGGREGATE. 




1875. 


1870. 


1860. 


1850. 


1840. 


Toters. 


ICeokok 


20488 

3765 

33913 

31815 

12499 

11725 

1139 

16030 

23718 

24094 

19629 

10556 

11623 

2267 

12811 

10389 

21623 

2349 

1778 

14274 

2728 

6282 

2249 

31558 

21665 

16482 

7546 

2873 

39763 

5664 

3720 

13111 

18771 

10418 

8827 

17980 

18541 

19269 

23865 

13978 

13114 

24233 

2986 

8568 

4908 

3244 


19434 

3351 

38210 

28852 

12877 

10388 

221 

13884 

22508 

24436 

17576 

8718 

9582 

3654 

12724 

5934 

21688 

715 


13271 
416 
29232 
18947 
10370 
6766 


4822' 


4202 


Kossuth 


773 


Lee 




18861 

5444 

4939 

471 


6093 
1373 
1927 


6709 


Linn 


7274 




2899 


Lucas 


2464 


Lyon* 




287 


Madison 


7339 

14816 

16813 

6016 

4481 

3409 

832 

8612 

1256 

16444 

8 


1179 

5989 

6482 

338 




2632 


IVISibfiskd. *. 




5287 


Marion 




4988 


Marshall 




4445 


Mills 






2366 


Mitchell 






2338 


Monona 






1292 


Alonroe 


2884 




2743 






2485 


Aluscatine 


6731 


1942 


6688 




595 








498 




9975 

1336 

2199 

1446 

27857 

16893 

15581 

6691 

1411 

38599 

2540 

576 

11651 

16131 

6989 

6986 

17672 

22346 

17980 

18952 

11287 

10484 

1562 

23570 

6172 

2892 

2392 


4419 

132 

148 

103 

11625 

4968 

5668 

2923 

246 

25969 

818 

10 

4051 

5285 

3590 

2012 

17081 

14618 

10281 

14235 

6409 

2604 

168 

13942 

1119 

756 

663 


651 




3222 


Palo Alto 




656 








1136 


Pocahontas 






464 


Polk 


4513 


6842 


Pottawattomie 


7828 
616 




4392 






3634 


Rinsrarold 






1496 






657 


Scott 


5986 2140 


7109 




1084 


Sioux 


1 


637 






2574 


Tama 


8 
204 




3911 






2282 


Union 




1924 




12270 6146 


3893 


Wapello 


8471 
961 

4957 
340 




3923 






4168 


Washington 


1594 


5346 




2947 


Webster 




3747 







4117 


Winneshiek 


546 




406 


"Worth 




1776 




763 






694 










1353118 


1191792 


674913 


192214 43112 


284657 






* Fonnerly Buncombe. 





240 THE NORTHWESTERN STATES. 



ILLINOIS. 

Length, 380 miles, mean width about 156 miles. Area, 55,410 squar9 
miles, or 35,462,400 acres. Illinois, as regards its surface, constitutes a 
table-land at a varying elevation ranging between 350 and 800 feet above 
the sea level ; composed of extensive and highly fertile prairies and plains. 
Much of the south division of the State, especially the river-bottoms, are 
thickly wooded. The prairies, too, have oasis-like clumps of trees 
scattered here and there at intervals. The chief rivers irrigating the 
State are the Mississippi — dividing it from Iowa and Missouri — the Ohio 
(forming its south barrier), the Illinois, Wabash, Kaskaskia, and San- 
gamon, with their numerous affluents. The total extent of navigable 
streams is calculated at 4,000 miles. Small lakes are scattered over vari- 
ous parts of the State. Illinois is extremely prolific in minerals, chiefly 
coal, iron, copper, and zinc ores, sulphur and limestone. The coal-field 
alone is estimated to absorb a full third of the entire coal-deposit of North 
America. Climate tolerably equable and healthy ; the mean temperature 
standing at about 51° Fahrenheit As an agricultural region, Illinois takes 
a competitive rank with neighboring States, the cereals, fruits, and root- 
crops yielding plentiful returns ; in fact, as a grain-growing State, Illinois 
may be deemed, in proportion to her size, to possess a greater area of 
lands suitable for its production than any other State in the Union. Stock- 
raising is also largely carried on, while her manufacturing interests in 
regard of woolen fabrics, etc., are on a very extensive and yearly expand- 
ing scale. The lines of railroad in the State are among the most exten- 
sive of the Union. Inland water-carriage is facilitated by a canal 
connecting the Illinois River with Lake Michigan, and thence with the 
St. Lawrence and Atlantic. Illinois is divided into 102 counties ; the 
chief towns being Chicago, Springfield (capital), Alton, Quincy, Peoria, 
Galena, Bloomington, Rock Island, Vandalia, etc. By the new Consti- 
tution, established in 1870, the State Legislature consists of 51 Senators, 
elected for four years, and 153 Representatives, for two years ; which 
numbers were to be decennially increased thereafter to the number of 
six per every additional half-million of inhabitants. Religious and 
educational institutions are largely diffused throughout, and are in a very 
flourishing condition. .Illinois has a State Lunatic and a Deaf and Dumb 
Asylum at Jacksonville ; a State Penitentiary at Joliet ; and a Home for 

(99) 



THE NORTHWESTERN STATES. 



241 



Soldiers' Orphans at Normal. On November 30, 1870, the public debt of 
the State was returned at $4,870,937, with a balance of 81,808,833 
unprovided for. At the same period the value of assessed and equalized 
property presented the following totals : assessed, $840,031,703 ; equal- 
ized $480,664,058. The name of Illinois, through nearly the whole of 
the eighteenth century, embraced most of the known regions north and 
west of Ohio. French colonists established themselves in 1673, at 
Cahokia and Kaskaskia, and t^he territory of which these settlements 
formed the nucleus was, in 1763, ceded to Great Britain in conjunction 
with Canada, and ultimately resigned to the United States in 1787. 
Illinois entered the Union as a State, December 8, 1818; and now sends 
19 Representatives to Congress. Population, 2,539,891, in 1870. 







sliv^*" 



I 



242 THE NORTHWESTERN STATES. 



INDIANA. 



Tlie profile of Indiana forms a nearly exact parallelogram, occupy- 
ing one of the most fertile portions of the great Mississippi Valley. The 
greater extent of the surface embraced within its limits consists of gentle 
undulations rising into hilly tracts toward the Ohio bottom. The chief 
rivers of the State are the Ohio and Wabash, with their numerous 
affluents. The soil is highly productive of the cereals and grasses — most 
particularly so in the valleys of the Ohio, Wabash, Whitew^ater, and 
White Rivers. The northeast and central portions are well timbered 
with virgin forests, and the west section is notably rich in coal, constitut- 
ing an offshoot of the great Illinois carboniferous field. Iron, copper, 
marble, slate, gypsum, and various clays are also abundant. From an 
agricultural point of view, the staple products are maize and wheat, with 
the other cereals in lesser yields ; and besides these, flax, hemp, sorghum.^ 
hops, etc., are extensively raised. Indiana is divided into 92 counties^ 
and counts among her principal cities and towns, those of Indianapolis 
(the capital). Fort Wayne, Evansville, Terre Haute, Madison, Jefferson- 
ville, Columbus, Vincennes, South Bend, etc. The public institutions of 
the State are many and various, and on a scale of magnitude and. 
efficiency commensurate with her important political and industrial status. 
Upward of two thousand miles of railroads permeate the State in all 
.directions, and* greatly conduce to the development of her expanding 
manufacturing interests. Statistics for the fiscal year terminating 
October 31, 1870, exhibited a total of receipts, $3,896,541 as against dis- 
bursements, $3,532,406, leaving a balance, $364,135 in favor of the State 
Treasury. The entire public debt, January 5, 1871, $3,971,000. This 
State was first settled by Canadian voyageurs in 1702, who erected a fort 
at Vincennes ; in 1763 it passed into the hands of the English, and was 
by the latter ceded to the United States in 1783. From 1788 till 1791, 
an Indian w^arefare prevailed. In 1800, all the region west and north of 
Ohio (then formed into a distinct territory) became merged in Indiana. 
In 1809, the present limits of the State were defined, Michigan and 
Illinois having previously been withdrawn. In 1811, Indiana was the 
theater of the Indian War of Tecumseh, ending with the decisive battle 
of Tippecanoe. In 1816 (December 11), Indiana became enrolled among 
the States of the American Union. In 1834, the State passed through a 
monetary crisis owing to its having become mixed up with railroad, 
canal, and other speculations on a gigantic scale, which ended, for the 
ume being, in a general collapse of public credit, and consequent bank- 
ruptcy. Since that time, however, the greater number of the public 



THE NORTHWESTERN STATES. 243 

works which had brought about that imbroglio — especially the great 
Wabash and Erie Canal — have been completed, to the great benefit of 
the State, whose subsequent progress has year by year been marked by 
rapid strides in the paths of wealth, commerce, and general social and 
political prosperity. The constitution now in force was adopted in 1851. 
Population, 1,680,637. 



IOWA. 

In shape, Iowa presents an almost perfect parallelogram ; has a 
length, north to south, of about 300 miles, by a pretty even width of 208 
miles, and embraces an area of 55,045 square miles, or 35,228,800 acres. 
The surface of the State is generally undulating, rising toward the 
middle into an elevated plateau which forms the " divide " of the 
Missouri and Mississippi basins. Rolling prairies, especially in the south 
section, constitute a regnant feature, and the river bottoms, belted with 
woodlands, present a soil of the richest alluvion. Iowa is well watered ; 
the principal rivers being the Mississippi and Missouri, which form 
respectively its east and west limits, and the Cedar, Iowa, and Des 
Moines, affluents of the first named. Mineralogically, Iowa is important 
as occupying a section of the great Northwest coal field, to the extent of 
an area estimated at 25,000 square miles. Lead, copper, zinc, and iron, 
are also mined in considerable quantities. The soil is well adapted to 
the production of wheat, maize, and the other cereals ; fruits, vegetables, 
and esculent roots; maize, wheat, and oats forming the chief staples. 
Wine, tobacco, hops, and wax, are other noticeable items of the agricul- 
tural yield. Cattle-raising, too, is a branch ofi rural industry largely 
engaged in. The climate is healthy, although liable to extremes of heat 
and cold. The annual gross product of the various manufactures carried 
on in this State approximate, in round numbers, a sum of -$20,000,000. 
Iowa has an immense railroad system, besides over 500 miles of water- 
communication by means of its navigable rivers. The State is politically 
divided into 99 counties, with the following centers of population : Des 
Moines (capital), Iowa City (former capital), Dubuque, Davenport, Bur- 
lington, Council Bluffs, Keokuk, Muscatine, and Cedar Rapids. The 
State institutions of Iowa — religious, scholastic, and philanthropic — are 
on a par, as regards number and perfection of organization and operation, 
with those of her Northwest sister States, and education is especially 
well cared for, and largely diffused. Iowa formed a portion of the 
American territorial acquisitions from France, by the so-called Louisiana 
purchase in 1803, and was politically identified with Louisiana till 1812, 



244 THE NORTinVESTERN STATES. 

when it merged into the Missouri Territory; in 1834 it came under the 
Michigan organization, and, in 1836, under that of Wisconsin. Finally, 
after being constituted an independent Territory, it became a State of 
the Union, December 28, 1846. Population in 1860, 674,913 ; in 1870, 
1,191,792, and in 1875, 1,353,118. 



MICHIGAN. 

United area, 56,243 square miles, or 35,995,520 acres. Extent of the 
Upper and smaller Peninsula — length, 316 miles; breadth, fluctuating 
between 36 and 120 miles. The south division is 416 miles long, by from 
50 to 300 miles wide. Aggregate lake-shore line, 1,400 miles. The 
Upper, or North, Peninsula consists chiefly of an elevated plateau, 
expanding into the Porcupine mountain-system, attaining a maximum 
height of some 2,000 feet. Its shores along Lake Superior are eminently 
bold and picturesque, and its area is rich in minerals, its product of 
copper constituting an important source of industry. Both divisions are 
heavily wooded, and the South one, in addition, boasts of a deep, rich, 
loamy soil, throwing up excellent crops of cereals and other agricultural 
produce. The climate is generally mild and humid, though the Winter . 
colds are severe. The chief staples of farm husbandry include the cereals, 
grasses, maple sugar, sorghum, tobacco, fruits, and dairy-stuffs. In 1870, 
the acres of land in farms were : improved, 5,096,939 ; unimproved 
woodland, 4,080,146 ; other unimproved land, 842,057. The cash value 
of land was $398,240,578 ; of farming implements and machinery, 
$13,711,979. In 1869, there were shipped from the Lake Superior ports, 
874,582 tons of iron ore, and 45,762 of smelted pig, along with 14,188 
tons of copper (ore and ingot). Coal is another article largely mined. 
Inland communication is provided for by an admirably organized railroad 
system, and by the St. Mary's Ship Canal, connecting Lakes Huron and 
Superior. Michigan is politically divided into 78 counties ; its chief 
urban centers are Detroit, Lansing (capital), Ann Arbor, Marquette, 
Bay City, Niles, Ypsilanti, Grand Haven, etc. The Governor of the 
State is elected biennially. On November 80, 1870, the aggregate bonded 
debt of Michigan amounted to $2,385,028, and the assessed valuation of 
land to $266,929,278, representing an estimated cash value of $800,000,000. 
Education is largely diffused and most excellently conducted and pro- 
vided for. The State University at Ann Arbor, the colleges of Detroit 
and Kalamazoo, the Albion Female College, the State Normal School at 
Ypsilanti, and the State Agricultural College at Lansing, are chief among 
the academic institutions. Michigan (a term of Chippeway origin, and 



THE NORTHAVESTERN STATES. 245 

signifying " Great Lake), was discovered and first settled by French 
Canadians, who, in 1670, founded Detroit, the pioneer of a series of trad- 
ing-posts on the Indian frontier. During the " Conspiracy of Pontiac," 
following the French loss of Canada, Michigan Ijecame the scene of a 
sanguinary struggle between the whites and aborigines. In 1796, it 
became annexed to tlie United States, which incorporated this region 
with the Northwest Territory, and then with Indiana Territory, till 1803, 
when it became territorially independent. Michigan was the theater of 
warlike operations during the war of 1812 with Great Britain, and in 
1819 Avas authorized to be represented by one delegate in Congress ; iii 
1837 she was admitted into the Union as a State, and in 1869 ratified the 
loth Amendment to the Federal Constitution. Population, 1,184,059. 



WISCONSIN. 

It has a mean length of 260 miles, and a maximum breadth of 215. 
Land area, 53,924 square miles, or 34,511,360 acres. Wisconsin lies at a 
considerable altitude above sea-level, and consists for the most part of an 
upland plateau, the surface of which is undulating -and very generally 
diversified. Numerous local eminences called mounds are interspersed 
over the State, and the Lake Michigan coast-line is in many parts char- 
acterized by loft}^ escarped cliffs, even as on the west side the banks of 
the Mississippi form a series of high and picturesque bluffs. A group of 
islands known as The Apostles lie off the extreme north point of the 
State in Lake Superior, and the great estuary of Green Bay, running far 
inland, gives formation to a long, narrow peninsula between its waters 
and those of Lake Michigan. The river-system of Wisconsin has three 
outlets — those of Lake Superior, Green Bay, and the Mississippi, which 
latter stream forms the entire southwest frontier, widening at one point 
into the large watery expanse called Lake Pepin. Lake Superior receives 
the St. Louis, Burnt Wood, and Montreal Rivers ; Green Bay, the 
Menomonee, Peshtigo, Oconto, and Fox ; while into the Mississippi 
empty the St. Croix, Chippewa, Black, Wisconsin, and Rock Rivers. 
The chief interior lakes are those of Winnebago, Horicon, and Court 
Oreilles, and smaller sheets of water stud a great jiart of the surface. 
The climate is healthful, with cold Winters and brief but verv warm 
Summers. Mean annual rainfall 31 inches. The geological system 
represented b}' the State, embraces those rocks included between the 
primary and the Devonian series, the former containing extensive 
deposits of copper and iron ore. Besides these minerals, lead and zinc 
are found in great quantities, together with kaolin, plumbago, gypsum, 



246 THE NORTHWESTERN STATES. 

and various clays. Mining, consequently, forms a prominent industry^ 
and one of yearly increasing dimensions. The soil of Wisconsin is of 
varying quality, but fertile on the whole, and in the north parts of the 
State heavily timbered. The agricultural yield comprises the cereals, 
together with flax, hemp, tobacco, pulse, sorgum, and all kinds of vege- 
tables, and of the hardier fruits. In 1870, the State had a total number 
of 102,904 farms, occupying 11,715,321 acres, of which 5,899,343 con- 
sisted of improved land, and 3,437,442 were timbered. Cash value of 
farms, 8300,414,064 ; of farm implements and machinery, 814,239,364. 
Total estimated value of all farm products, including betterments and 
additions to stock, $78,027,032 ; of orchard and dairy stuffs, -$1,045,933 ; 
of lumber, $1,327,618 ; of home manufactures, $338,423 ; of all live-stock, 
$45,310,882. Number of manufacturing establishments, 7,136, employ- 
ing 39,055 hands, and turning out productions valued at $85,624,906. 
The political divisions of the State form 61 counties, and the chief places 
of wealth, trade, and population, are Madison (the capital), Milwaukee, 
Fond du Lac, Oshkosh, Pr.iirie du Chien, Janesville, Portage City, 
Racine, Kenosha, and La Crosse. In 1870, the total assessed valuation 
reached $333,209,838, as against a true valuation of both real and personal 
estate aggregating $602,207,329. Treasury receipts during 1870, $886,- 
696 ; disbursements, $906,329. Value of church property, $4,749,983. 
Education is amply provided for. Independently of the State University 
at Madison, and those of Galesville and of Lawrence at Appleton, and 
the colleges of Beloit, Racine, and Milton, there are Normal Schools at 
Platteville and Whitewater. The State is divided into 4,802 common 
school districts, maintained at a cost, in 1870, of $2,094,160. The chari- 
table institutions of Wisconsin include a Deaf and Dumb Asylum, an 
Institute for the Education of the Blind, and a Soldiers' Orphans' School. 
In January, 1870, the railroad system ramified throughout the State 
totalized 2,779 miles of track, including several lines far advanced toward 
completion. Immigration is successfully encouraged by the State author- 
ities, the larger number of yearly new-comers being of Scandinavian and 
German origin. The territory now occupied within the limits of the 
State of Wisconsin was explored by French missionaries and traders in 
1639, and it remained under French jurisdiction until 1703, when it 
became annexed to the British North American possessions. In 1796, it 
reverted to the United States, the government of which latter admitted 
it within the limits of the Northwest Territory, and in 1809, attached it 
to that of Illinois, and to Michigan in 1818. Wisconsin became independ- 
ently territorially organized in 1836, and became a State of the Union, 
March 3, 1847. Population in 1870, l,0f)4,985, of which 2,113 were of 
the colored race, and 11,521 Indians, 1,206 of the latter being out of 
tribal relations. 



THE NORTHWESTERN STATES. 247 



MINNESOTA. 



Its length, north to south, embraces an extent of 380 miles ; its 
oreadth one of 250 miles at a maximum. Area, 84,000 square miles, or 
54,760,000 acres. The surface of Minnesota, generally speaking, con- 
sists of a succession of gently undulating plains and prairies, drained by 
an admirable water-system, and with here and there heavih- timbered 
bottoms and belts of virgin forest. The soil, corresponding with such a 
superfices, is exceptionally rich, consisting for the most part of a dark,' 
calcareous sandy drift intermixed with loam. A distinguishing- physical 
feature of this State is its riverine ramifications, expanding in nearly 
every part of it into almost innumerable lakes — the whole presenting an 
aggregate of water-power having hardly a rival in the Union. Besides 
the Mississippi — which here has its rise, and drains a basin of 800 miles 
of country — the principal streams are the Minnesota (334 miles long), 
the Red River of the North, the St. Croix, St. Louis, and many others of 
lesser importance ; the chief lakes are those called Red, Cass, Leech, 
Mille Lacs, Vermillion, and Winibigosh. Quite a concatenation of sheets 
of water fringe the frontier line where Minnesota joins British America, 
culminating in the Lake of the Woods. It has been estimated, that of 
an area of 1,200,000 acres of surface between the St. Croix and Mis- 
sissippi Rivers, not less than 73,000 acres are of lacustrine formation. In 
point of minerals, the resources of Minnesota have as yet been very 
imperfectly develojied ; iron, copper, coal, lead — all'these are known to 
exist in considerable deposits ; together with salt, limestone, and potter's 
clay. The agricultural outlook of the State is in a high degree satis- 
factory ; wheat constitutes the leading cereal in cultivation, with Indian 
corn and oats in next order. Fruits and vegetables are grown in great 
plenty and of excellent quality. The lumber resources of Minnesota are 
important ; the pine forests in the north region alone occupying an area 
of some 21,000 square miles, which in 1870 produced a return of scaled 
logs amounting to 313,116,416 feet. The natural industrial advantages 
possessed by Minnesota are largely improved upon by a railroad system. 
The political divisions of this State number 78 counties; of which the 
chief cities and towns are : St. Paul (the capital), Stillwater, Red Wing, 
St. Anthony, Fort Snelling, Minneapolis, and Mankato. Minnesota has 
already assumed an attitude of high importance as a manufacturing State ; 
this is mainly due to the wonderful command of water-power she pos- 
sesses, as before spoken of. Besides her timber-trade, the milling of 
flour, the distillation of whisky, and the tanning of leather, are prominent 
interests, which in 1869, gave returns to the amount of -$14,831,043. 



248 THE NORTHWESTERN STATES. 

Education is notably provided for on a broad and catholic scale, the 
entire amount expended scholastically during the year 1870 being $857,- 
816 ; while on November 30 of the jDreceding year the permanent school 
fund stood at $2,476,222. Besides a University and Agricultural College, 
Normal and Reform Schools flourish, and with these may be mentioned 
such various philanthropic and religious institutions as befit the needs of 
an intelligent and prosperous community. The finances of the State for 
the fiscal year terminating December 1, 1870, exhibited a balance on the 
right side to the amount of $136,164, being a gain of $44,000 over the 
previous year's figures. The earliest exploration of Minnesota by the 
whites was made in 1680 by a French Franciscan, Father Hennepin, who 
gave the name of St. Antony to the Great Falls on the Upper Missisippi. 
In 1763, the Treaty of Versailles ceded this region to England. 
Twenty years later, Minnesota formed part of the Northwest Territory 
transferred to the United States, and became herself territorialized inde- 
pendently in 1849. Indian cessions in 1851 enlarged her boundaries, and, 
May 11, 1857, Minnesota became a unit of the great American federation 
of States. Population, 439,706. 



NEBRASKA. 

Maximum length, 412 miles ; extreme breadth, 208 miles. Area, 
75,905 square miles, or 48,636,800 acres. The surface of this State is 
almost entirely undulating prairie, and forms part of the west slope of 
the great central basin of the North American Continent. In its west 
division, near the base of the Rocky Mountains, is a sandy belt of 
country, irregularly defined. In this part, too, are the " dunes," resem- 
bling a wavy sea of sandy billows, as well as the Mauvaises Terres, a tract 
of singular formation, produced by eccentric disintegrations and denuda- 
tions of the land. The chief rivers are the Missouri, constituting its en- 
tire east line of demarcation ; the Nebraska or P-latte, the Niobrara, the 
Republican Fork of the Kansas, the Elkhorn, and the Loup Fork of the 
Platte. The soil is very various, but consisting chiefly of rich, bottomy 
loam, admirably adapted to the raising of heavy crops of cereals. All 
the vegetables and fruits of the temperate zone are produced in great 
size and plenty. For grazing purposes Nebraska is a State exceptionally 
well fitted, a region of not' less than 23,000,000 acres being adaptable to 
this branch of husbandry. It is believed that the, as yet, compai'atively 
infertile tracts of land found in various parts of the State are susceptible 
of productivity by means of a properly conducted system of irrigation. 
Few minerals of moment have so far l>eeu found within the limits of 



THE NORTHWESTERN STATES. 



249 



Nebraska, if we may except important saline deposits at the head of Salt 
Creeic in its southeast section. The State is divided into 57 counties, 
independent of the Pawnee and Winnebago Indians, and of unorganized 
territory in the northwest part. The principal towns are Omaha, Lincoln 
(State capital), Nebraska City, Columbus, Grand Island, etc. In 1870, 
the total assessed value of property amounted to 153,000,000, l)eing an 
increase of 111,000,000 over the previous year's returns. The total 
amount received from the school-fund during the year 1869-70 was 
■177,990. Education is making great onward strides, the State University 
and an Agricultural College being far advanced toward completion. In 
the matter of railroad communication, Nebraska bids fair to soon place 
herself on a par with her neighbors to the east. Besides being inter- 
sected by the Union Pacific line, with its oif-shoot, the Fremont and Blair, 
other tracks are in course of rapid construction. Organized by Con- 
gressional Act into a Territory, May 30, 1854, Nebraska entered the 
Union as a full State, March 1, 1867. Population, 122,993. 




IITIXTIXG PK.UEIE WOLVES IX AX rAKLY DAY. 



250 CONSTITUTION OF THE UNITED STATES 



CONSTITUTION OF THE UNITED STATES OF AMERICA 

AND ITS AMENDMENTS. 

We, the people of the United States^ in order to form a more perfect union, 
establish justice, in^^ure dotnestic tranquillity, jyfovide for the common 
defense, promote the general ivelfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish this Constitution 
for the United States of America. 

Article I. 

Section 1. All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a Senate and 
House of Representatives. 

Sec. 2. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several states, and the 
electors in each state shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislature. 

No person shall be a representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state in 
which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the sev- 
eral states which may be included within this Union, according to their 
res23ective numbers, Avhich shall be determined by adding to the whole 
number of free jDersons, including those bound to service for a term of 
years, and excluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years after the first 
meeting- of the Congress of the United States, and within every subse- 
quent term of ten years, in such manner as they shall by law direct. The 
number of Representatives shall not exceed one for every thirty thousand, 
but each state shall have at least one Representative ; and until such 
enumeration shall be made the State of New Hampshire shall be entitled 
to choose three, Massachusetts eight, Rhode Island and Providence Plan- 
tations one, Connecticut five, New York six, New Jersey four, Pennsylva- 
nia eight, Delaware one, Maryland six, Virginia ten, North Carolina five, 
and Georgia three. 

When vacancies happen in the representation from any state, the 
Executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their Speaker and other 
officers, and shall have the sole power of impeachment. 

Sec. 3. The Senate of the United States shall be composed of two 
Senators from each state, chosen by the Legislature thereof for six years ; 
and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. 
The seats of the Senators of the first class shall be vacated at the expira- 



AND ITS AMENDMENTS. 251 

tion of the second year, of the second class at the expiration of the fourth 
year, and of the third class at the expiration of the sixth year, so that 
one-third may be chosen every second year; and if vacancies happen by 
resignation or otherwise, during the recess of the Legislature of any state, 
the Executive thereof may make temporary appointments until the next 
meeting of the Legislature, which shall then fill such vacajcies. 

No person shall be a Senator who shall not have attained to the age 
of thirty years and been nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that state for which he 
shall be chosen. 

Tlie Vice-President of the United States shall be President of th 
Senate, but shall have no vote unless they be equally divided. 

The Senate shall choose their other officers, and also a President jyro 
tempore^ in the absence of the Vice-President, or when he shall exercise 
the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. When 
sitting for that purpose they shall be on oath or affirmation. When the 
President of the United States is tried the Chief Justice shall preside. 
And no person shall be convicted without the concurrence of two-thirds 
of the members present. 

Judgment, in cases of impeachment, shall not extend further than to 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment, 
and punishment according to law. 

Sec. 4. The times, places and manner of holding elections for Sen- 
ators and Representatives shall be prescribed in each state by the Legis- 
lature thereof ; but the Congress may at any time by law make or alter 
such regulations, except as to the places of choosing Senators. 

The -Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Sec. 5. Each house shall be the judge of the election, returns, and 
qualifications of its own members, and a majority of each shall constitute 
a quorum to do business ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members 
in such manner and under such penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds, 
expel a member. 

Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may, in their judgment, 
require secrecy ; and the yeas and nays of the members of either house 
on any question shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of Congress, shall, without the 
consent of the other, adjourn for more tlian three days, nor to any other 
place than that in M'hich the two houses shall be sitting. 

Sec. 6. Tlie Senators and Representatives shall receive a compen- 
sation for their services, to be ascertained by law, and paid out of the 
treasury of the United States. They shall in ail cases, except treason, 



252 CONSTITUTION OF THE UNITED STATES 

felony, and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to and 
returning from the same ; and for any speech or debate in either house 
they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall 
have been increased during such time ; and no person holding any office 
under the United States, shall be a member of either house during his 
continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the House of 
Representatives ; but the Senate may propose or concur with amendments 
as on ( ther bills. 

Every bill which shall have passed the House of Representatives and 
the Senate, shall, before it becomes a law, be presented to the President 
- the United States ; if he approve he shall sign it ; but if not he shall 
return it, with his objections, to that house in which it shall have origi- 
nated, who shall enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsideration two-thirds of that 
house shall agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. But in all 
such cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be entered 
on the jouftial of each house respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted), after it shall have 
been presented to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress, by their adjournment, prevent its 
return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary (except on a 
question of adjournment), shall be presented to the President of the 
United States, and before the same shall take effect shall be approved by 
him, or, being disapproved by him, shall be re-passed by two-thirds of 
the Senate and House of Representatives, according to the rules and lim- 
itations prescribed in the case of a bill. 

Sec. 8. The Congress shall have power — 

To lay and collect taxes, duties, imposts and excises, to pay the debts, 
and provide for the common defense and general welfare of the United 
States ; but all duties, imposts, and excises shall be uniform throughout 
the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among the several 
Str.tes, and with the Indian tribes ; 

To establish a uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies throughout the United States ; 

To coin money, regulate the value thereof, and of foreign coin, and 
fix the standard of weis^hts and measures ; 

To provide for the punishment of counterfeiting the securities and 
current coin of the United States ; 

To establish post offices and post roads ; 



AND ITS AMENDMENTS. 253 

To promote the j^rogress of sciences and useful arts, by securing, 
for limited times, to authors and inventors, the exclusive right to their 
respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed on the high 
seas, and oifenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water ; 

To raise and support armies, but no appropriation of money to that 
use shall be for a longer term than two years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the land and 
naval forces ; ' 

To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions ; 

To provide for organizing, arming and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the states respectively the appointment of the 
officers, and the authority of training the militia according to the disci- 
pline prescribed by Congress ; 

To exercise legislation in all cases whatsoever over such district (not 
exceeding ten miles square) as may, by cession of particular states, and the 
acceptance of Congress, become the seat of the government of the United 
States, and to exercise like autliority over all places purchased by the 
consent of the Legislature of the state in which the same shall be. for 
the erection of forts, magazines, arsenals, dock yards, and other needful 
buildings ; and 

To make all laws which shall be necessary and proper for carrying 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the government of the United States, or in any depart- 
ment or officer thereof. 

Sec. 9. The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight hundred and eight. 
but a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

No tax or duty shall be laid on articles exported from any state. 

No preference shall be given by any regulation of commerce or rev 
enue to the ports of one state over those of another; nor shall vessels 
bound to or from one state be obliged to enter, clear, or pay duties in 
another. 

No money shall be drawn from the Treasviry, but in consequence of 
appropriations made by law ; and a regular statement and account of 
the receipts and expeditures of all public money shall be published from 
time to time. 



254 CONSTITUTION OF THE UNITED STATES 

No title of nobility shall be granted by the United States : and no 
person holding any office of profit or trust under them, shall, without the 
consent of the Congress, accept of any present, emolument, office, or title 
of any kind whatever, from any king, prince, or foreign state. 

Sec. 10. No state shall enter into any treaty, alliance, or confeder- 
ation ; grant letters of marque and reprisal ; coin money ; emit bills of 
credit ; make anything but gold and silver coin a tender in payment of 
debts ; pass any bill of attainder, ex post facto law, or law impairing the 
obligation of contracts, or grant any title of nobility. 

No state shall, without the consent of the Congress, lay any imposts 
or duties on imports or exports, except what may be absolutely necessary 
for executing its inspection laws, and the net produce of all duties and 
imposts laid by any state on imports or exports, shall be for the use of the 
Treasury of the United States ; and all such laws shall be subject to the 
revision and control of the Congress. 

No state shall, without the consent of Congress, lay any duty on 
tonnage, keep troops or ships of war in time of peace, enter into any 
agreement or compact with another state, or with a foreign power, or 
engage in war, unless actually invaded, or in such imminent danger as wil] 
not admit of delay. 

Article II. 

Section 1. The Executive power shall be vested in a President of 
the United States of America. He shall hold his office during the term 
of four years, and, together with the Vice-President chosen for the same 
term, be elected as follows:. 

Each state shall appoint, in such manner as the Legislature thereof 
may direct, a number of Electors, equal to the whole number of Senators 
and Representatives to which the state may be entitled in the Congress ; 
but no Senator or Representative, or person holding an office of trust or 
profit under the United States, shall be appointed an Elector. 

[*The Electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least shall not be an inhabitant of 
the same state with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each ; which list they 
shall sign and certify, and transmit, sealed, to the seat of the government 
of the United States, directed to the President of the Senate. The Pres- 
ident of the Senate shall, in the presence of the Senate and House of Rep- 
resentatives, open all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be the President, 
if such number be a majority of the whole number of Electors appointed ; 
and if there be more than one who have such majority, and have an equal 
number of votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person have a ma- 
jority, then from the five highest on the list the said House shall in like 
manner choose the President. But in choosing the President, the vote 
shall be taken by states, the representation from each state having one 
vote ; a quorum for this purpose shall consist of a member or members 
from two-thirds of the states, and a majority of all the states shall be 
necessary to a choice. In every case, after the choice of the President, 

* This clause between brackets has been superseded and annulled by the Twelfth amendm*»n* 



AND ITS AMENDMENTS. 255 

the person having the greatest number of votes of the Electors shall be 
the Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice-Presi- 
dent.] 

The Congress may determine the time of choosing the Electors, and 
the day on which the)'- shall give their votes ; which day shall be the same 
throughout the United States. 

No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, shall be eligible 
to the office of President ; neither shall any person be eligible to that 
office who shall not have attained the age of thirty-five years, and been 
fourteen years a resident within the United States. 

In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice-President, and the Congress 
may by law provide for the case of removal, death, resignation, or inabil- 
ity, both of the President and Vice-President, declaring what officer shall 
then act as President, and such officer shall act accordingly, until the dis- 
ability be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a com- 
pensation which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States or any of 
them. 

Before he enters on the execution of his office, he shall take the fol- 
lowing oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my ability, 
preserve, protect, and defend the Constitution of the United States." 

Sec. 2. The President shall be commander in chief of the army and 
navy of the United States, and of the militia of the several states, when 
called into the actual service of the United States ; he may require the 
opinion, in writing, of the principal officer in each of the executive 
departments, upon any subject relating to the duties of their respective 
offices, and he shall have power to grant reprieves and pardon for offenses 
against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present con- 
cur; ar)d he shall nominate, and by and with the advice of the Senate, 
shall appoint ambassadors, other public ministers and consuls, judges of 
the Supreme Court, and all other officers of the United States whose 
appointments are not herein otherwise provided for, and which shall be 
established by law ; but the Congress may by law vest the appointment 
of such inferior officers as they think proper in the President alone, in 
the courts of law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions which 
shall expire at the end of their next session. 

Sec. 3. He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration such mea- 
sures as he shall judge necessary and expedient ; he may on extraordinary 



256 CONSTITUTION OF THE UNITED STATES 

occasions convene both houses, or either of them, and in case of disagree- 
ment between them, with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper ; he shall receive 
ambassadors and other public ministers ; he shall take care that the laws be 
faithfully executed, and shall commission all the officers of the United 
States. 

Sec. 4. The President, Vice-President, and all civil officers of the 
United States, shall be removed from office on impeachment for, and con 
viction of, treason, bribery, or other high crimes and misdemeanors. 

Article III. 

Section I. The judicial power of the United States shall be vested 
in one Supreme Court, and such inferior courts as the Congress may from 
time to time ordain and establish. The Judges, both of the Supreme and 
inferior courts, shall hold their offices during good behavior, and shall, at 
stated times, receive for their services a compensation, which shall not be 
diminished during their continuance in office. 

Sec. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to all cases 
affecting ambassadors, other public ministers, and consuls ; to all cases of 
admiralty and maritime jurisdiction ; to controversies to which the United 
States shall be a party ; to controversies between two or more states ; 
between a state and citizens of another state ; between citizens of differ- 
ent states ; between citizens of the same state claiming lands under grants 
of different states, and between a state or the citizens thereof, and foreign 
states, citizens, or subjects. 

In all cases affecting ambassadors, other public ministers, and consuls, 
and those in which a state shall be a party, the Supreme Court shall have 
original jurisdiction. 

In all the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with such exceptions 
and under such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall be hy 
jury ; and such trial shall be held in the state where the said crimes shall 
have been committed ; but when not committed within an}^ state, the 
trial shall be at such place or places as the Congress may by law have 
directed. 

Sec. 3. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid 
and comfort. No person shall be convicted of treason unless on the tes- 
timony of two witnesses to the same overt act, or on confession in open 
court. 

The Congress shall have power to declare the punishment of treason 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

Article IV. 

Section 1. Full faith and credit shall be given in each state to the 
public acts, records, and judicial proceedings of every other state. A_ud 



AND ITS AMENDMENTS. 257 

the Congress may, by general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and tlie effect thereof. 

Sec. 2. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other crime, 
who shall llee from justice and be found in another state, shall, on demand 
of the executive authority of the state from which he fled, be delivered 
up, to be removed to the state having jurisdicl'.on of the crime. 

No person held to service or labor in one state, under the laws thereof 
escaping into another, shall, in consequence of any law or regulation 
therein, be discharged from such service or labor, but shall be delivered 
up on the claim of the party to whom such service or labor may be due. 

Sec. 3. New states may be admitted by the Congress into this Union ; 
but no new state shall be formed or erected within the jurisdiction of any 
other state ; nor any state be formed by the junction of two or more states, 
or parts of states, without the consent of the Legislatures of the states 
concerned, as well as of the Congress. 

The Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belonging 
to the United States ; and nothing in this Constitution shall be so construed 
as to prejudice any claims of the United States or of any particular state. 

Sec. 4. The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of them 
against invasion, and on application of the Legislature, or of the Execu- 
tive (when the Legislature can not be convened), against domestic vio- 
lence. 

Article V. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the ap- 
plication of the Legislatures of two-thirds of the several states, shall call 
a convention for proposing amendments, which, in either case, shall be 
valid to all intents and purposes as part of this Constitution, when rati- 
fied by the Legislatures of three fourths of the several states, or by con- 
ventions in three-fourths thereof, as the one or the other mode of ratifi- 
cation may. be proposed by the Congress. Provided that no amendment 
which may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in tlie ninth 
section of the first article ; and that no state, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

Article VI. 

All debts contracted and engagements entered into before the adop- 
tion of this Constitution shall be as valid against the United States under 
this Constitution as under the Confederation. 

This Constitution, and the laws of the United States which shall be 
made in pursuance thereof, and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land ; and the Judges in every state shall be bound thereby, anything in 
the Constitution or laws of any state to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the mem- 



258 



CONSTITUTION OF THE UNITED STATES 



"bers of the several state Legislatures, and all executive and judicial offi- 
cers, both of the United States and of the several states, shall be bound 
by oath or affirmation to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office or public trust under 
the United States. 

Article VII. 

The ratification of the Conventions of nine states shall be sufficient 
for the establishment of this Constitution between the states so ratifying 
the same. 

Done in convention by the unanimous consent of the states present, the 
seventeenth day of September, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the independence of the 
United States of America the twelfth. In witness whereof we have 
hereunto subscribed our names. 

GEO. WASHINGTON, 

President and Deputy from Virginia, 



New Hampshire. 
John Langdon, 
Nicholas Gilman. 

Massachusetts. 
Nathaniel Gorham, 
RuFus King. 

Connecticut. 
Wm. Sam'l Johnson, 
Roger Sherman. 



Delaware. 
Geo. Read, 
John Dickinson, 
Jaco. Broom, 
Gunning Bedford, Jr., 
Richard Bassett. 

Maryland. 
James jNF Henry, 
Danl. Carroll, 
Dan. of St. Thos. Jenifer. 



JSTew YorTc. 
Alexander Hamilton. 

Neiv Jersey. 
WiL. Livingston, 
Wm. Paterson, 
David Brearley, 
JoNA. Dayton. 



Virginia. 
John Blair, 
James jSIadison, Jr. 

North Carolina. 
Wm. Blount, 
Hu. Williamson, 
Rich'd Dobbs Spaight. 



Pennsylvania. 
B. Franklin, 
RoBT. Morris, 
Thos. Fitzsusions, 
James Wilson, 
Thos. Mifflin, 
Geo. Clymer, 
Jared Ingersoll, 
Gouv. Morris. 



South Carolina. 
J. Rutledge, 
Charles Pinckney, 
Chas. Cotesworth Pinckney, 
Pierce Butler. 

Georgia. 
William Few, 
Abr. Baldwin. 

WILLIAM JACKSON, Secretary. 



AND ITS AMENDMENTS. 259 



Articles in Addition to and Amendatory of the Constitution 
OP the United States of America. 

Proposed hy Congress and ratified hy the Legislatures of the several states, 
pursuant to the fifth article of the original Constitution. 

Article I. 

Congress shall make no law respecting an establishment cf religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press; or the right of the people peaceably to assemble, 
and to petition the Government for a redress of grievances. 

Article II. 

A well regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be infringed. 

Article III. 

No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner, nor in time of war but in a manner to be pre- 
scribed by law. 

Article IV. 

The right of the people to be secure in their persons, houses, papers, 
and effects against unreasonable searches and seizures, shall not be vio- 
lated ; and no warrants shall issue but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to be searched 
and the persons or things to be seized. 

Article V. 

No person shall be held to answer for a capital or otherwise infamous 
crime, unless on a presentment or indictment of a Grand Jury, except in 
cases arising in the land or naval forces, or in the militia when in actual 
service in time of war or public danger ; nor shall any person be subject 
for the same offense to be twice put in jeopardy of life or limb ; nor shall 
be compelled in any criminal case to be a witness against himself, nor be 
deprived of life, liberty, or property, without due process of law; nor 
shall private property be taken for public use, without just compensation. 

Article VI. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature and 
cause of the accusation ; to be confronted with the witnesses against him ; 
to have compulsory process for obtaining witnesses in his favor ; and to 
have the assistance of counsel for his defense. 

Article VII. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved, and no fact 



260 CONSTITUTION OF THE UNITED STATES 

tried by a jury shall be otherwise re-examined in any court of the United 
States than according to tlie rules of the common law. 

Article VIII. 

Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

Article IX. 

The enumeration, in the Constitution, of certain rights, shall not be 
construed to deny or disparage others retained by the people. 

Article X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the states, are reserved to the states respectively, 
or to the people. 

Article XI. 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity commenced or prosecuted against one 
of the United States by citizens of another state, or by citizens or sub- 
jects of any foreign state. 

Article XII. 

The Electors shall meet in their respective states and vote by ballot 
for President and Vice-President, one of whom, at least, shall not be an 
inhabitant of the same state with themselves ; they shall name in their 
ballots the person to be voted for as president, and in distinct ballots the 
person voted for as Vice-President, and they shall make distinct lists of 
all persons voted for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each, which list they shall sign 
and certify, and transmit sealed to the seat of the government of the United 
States, directed to the President of the Senate. The President of the 
Senate shall, in presence of the Senate and House of Representatives, 
open all the certificates, and the votes shall then be counted. The person 
having the greatest number of votes for President shall be the President, 
if such number be a majority of the whole number of Electors appointed ; 
and if no person have such majority, then from the persons having the 
highest number not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the votes shall be 
taken by States, the representation from each state having one vote; a 
quorum for this purpose shall consist of a member or members from two- 
thirds of the states, and a majority of all the states shall be necessary to 
a choice. And if the House of Representatives shall not choose a Presi- 
dent whenever the right of choice shall devolve upon them, before the 
fourth day of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional disability of 
the President. The person having the greatest number of votes as Vice- 
President, shall be the Vice-President, if such number be the majority 
of the whole number of electors appointed, and if no person have a major- 







^#,^ 



VINTON 



AND ITS AMENDMENTS. 263 

ity then from the two highest numbers on the list, the Senate shall choose 
the Vice-President ; a quorum for the purpose shall consist of two-thirds 
of the whole number of Senators, and a majority of the whole number 
shall be necessary to a choice. But no person constitutionally ineligible 
to the office of President shall be eligible to that of Vice-President of the 
United States. 

Aeticle XIII. 

Section 1. Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly convicted, 
shall exist within the United States, or any place subject to their juris- 
diction. 

Sec. 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

Article XIV. 

Section 1. .All persons born or naturalized in the United States and 
subject to the jurisdiction thereof, are citizens of the United States, and 
of the state wherein they reside. No state shall make or enforce any law 
which shall abridge the privileges or immunities of citizens of the United 
States; nor shall any state deprive any person of life, liberty, or property, 
without due process of law, nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Sec. 2. Representatives shall be appointed among the several states 
according to their respective numbers, counting the whole number of per- 
sons in each state, excluding Indians not taxed ; but when the right to 
vote at any election for the choice of Electors for President and Vice- 
President of the United States, Representatives in Congress, the execu- 
tive and judicial officers of a state, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of such state, being 
twenty-one years of age and citizens of the United States, or in any way 
abridged except for participation in rebellion or other crimes, the basis of 
representation therein shall be reduced in the proportion which the num- 
ber of such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such state. 

Sec. 3. No person shall be a Senator or Representative in Congress, 
or Elector of President and Vice-President, or hold any office, civil or 
military, under the United States, or under any state, who, having previ- 
ously taken an oath as a Member of Congress, or as an officer of the 
United States, or as a member of any state Legislature, or as an execu- 
tive or judicial officer of any state to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion against the 
same, or given aid or comfort to the enemies thereof. But Congress may 
by a vote of two-thirds of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United States author- 
ized by law, including debts incurred for payment of pensions and boun- 
ties for services in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any state shall pay any debt 
or obligation incurred in the aid of insurrection or rebellion against the 
United States, or any loss or emancipation of any slave, but such debts, 
obligations, and claims shall be held illegal and void. 



264 



CONSTITUTION OF THE UNITED STATES. 



Article XV. 

Section 1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States, or by any State, on account of 
race, color, or previous condition of servitude. 

VOTE FOR GOVERXOR, 1877, AND PRESIDENT, 1876. 



COUXTIES. 




1877. 
Governor. 




1876. 
1 President. 


Counties. 


1877. 
Governor. 


1>76. 
President. 




Kep. 


Dem. 


Gr. 


Pro. 


Bep. 


Dem. 


Kep. 


Dem. 


Gr 


Pro. 


Kep. 


Dem. 




982 

876 
1547 
1165 

410 
1432 
1780 
1612 
1180 
1290 

747 
1453 

418 

633 
1592 
1315 

903 

562 
1279 
1054 

517 
1873 
2444 

898 
1541 

893 
1269 
1226 
2315 

197 
1587 

213 
1933 
1233 
1311 
1250 
1031 

909 
1160 

842 

340 
1492 
1348 
1770 

551 

382 

321 
1132 
1619 
1977 
1396 


161 
397 
1540 
1049 
352 
712 

nil 

981 
582 
769 
192 
758 
75 
744 
839 

1093 

348 

74 

1107 

267 

16 

1770 

2327 
651 
215 

1231 
961 

1143 

1384 
8 

3415 
28 

1067 
208 
336 

1331 
215 
504 
496 
265 
95 
661 
86* 
424 
647 
149 
54 

1120 

1966 

1154 
753 


581 
485 

69 
729 

26 
567 

95 
466 
196 
725 
161 

19 
171 
141 
116 
206 

72 
383 

37 
813 

20 

66 
286 

19 

1241 

803 

310 

32 
767 


15 
38 
36 
32 


1334 
1376 
1709 
1711 

427 
2901 
2979 
2018 
1737 
2227 

770 
1828 

622 

799 
1876 
2328 
1274 

864 
1574 
1405 

567 
2662 
3654 
1043 
21.36 
1586 
1647 
2233 
3325 

259 
2798 

246 
3029 
2032 
1178 
1658 
1310 
1099 
1434 
1187 

281 
2152 
1557 
2809 
1194 

523 

212 

, 1870 

2126 

3375 

; 2106 


593 

62ij 




1884 

1868 

1772 

463 

2157 

2524 

1:^28 

1:^03 

261 

1792 

1823 

1976 

1448 

1435 

1396 

580 

1034 

1122 

1753 

306 

295 

1106 

311 

779 

370 

3171 

2223 

1496 

964 

656 

3031 

888 

436 

1260 

1426 

1325 

899 

1490 

1710 

1726 

1687 

1316 

850 

544 

2074 

1109 

628 

391 


2345 

1218 

1526 

236 

2863 

2316 

817 

804 

17 

1077 

10S6 

1866 

837 

1102 

469 

119 

928 

441 

1775 

21 

40 

508 

357 

487 

93 

1885 

2059 

882 

71 

128 

1963 

639 

132 

344 

833 

293 

516 

1305 

1029 

944 

1221 

832 

127 

40 

1009 

867 

132 

166 


18 

14 

322 

13 

350 

75 

89 

103 

9 

616 

1011 

760 

389 

98 

35 

432 

247 

532 

171 

201 

13 

348 


2731 

68' 

105 

299 

585 

108 

12 

14 

50 

596 

95 

504 

28 

36 

9 

26 

47 

387 

14 

33 

293 

3 

39 

36 

94 

121 

346 

47 

13 

37 

16 


2345 
2591 
2364 

638 
3160 
4331 
1920 
1478 

262 
2246 
3221 
2736 
3056 
1452 
1663 

713 
1418 
1749 
2523 

463 

329 
2243 

343 

835 

374 
4321 
2505 
2509 
1246 

661 
3819 

897 

439 
1843 
2.337 
1727 
1238 
2113 
2582 
2439 
2467 
1692 
1299 

498 
27.59 
1034 

70? 

5T4 


3563 


Adams 


Jones 


1763 




1646 
1419 

352 
1356! 
15921 
1305 

757 1 
1416! 

200: 

780 ' 

196 

771 

979 

1445 

448; 

175, 

1090' 

816' 

94 

2621 

3398 

6381 

752, 

1631 

1280 

1466 

2917 

48' 

4977 

36! 

1709 

7511 

3791 

1682 

510 

417 

629, 

425! 

99; 

980; 

1386 

1485 

600 

183 

57 

1348 


Keokuk 


1862 


Appanoose 




227 


Lee • 


3682 




449 

244 

10 

1 

223 
20 
95 
74 
11 
30 

446 
40 
86 
94 
19 
67 

167 
66 

111 
80 
12 
19 

525 

6 

12 

53 


Linn 


2917 


Black Hawk 

Boon© 


Louisa 


1008 


Lucas 


1044 




Lyon 


46 






1538 


Buena Vista 

Butler 




1701 


Marion 


2304 






1189 


Harrf )1 1 


Mills 


1165 




Mifx^hell 


671 


Cedar 




304 


Cerro Gordo 




1246 


Montgomery 

Muscatine 


759 


Chickasaw 

Clark 


2075 


O'Brien 


116 


Clay 


Osceola 


59 


ClaTton 


Page 


861 


niintnn 


Palo Alto 


333 




Plymouth 


77 
44 

1353 
218 
420 
671 
177 
309 
3 
49 
644 
196 
868 
830 
301 

1265 
742 
303 
404 

1421 


502 


Dallas 


Pocahontas 

Polk 


141 




2-382 




Pottawattamie.... 
Poweshiek 


2414 




IO83 


Des Moines 




422 


Sac 


166 




406 


Scott 


2853 




Sh-'lby 


631 




889 
162 
16 
334 
551 


27 
30 
10 




220 


Floyd 


Story 


187 
133 


579 


ITranklin 


Tama 


1317 




Taylor 


676 




27 
8 

21 

57 

2 

154 

19 
140 
519 

64 




63 

130 

296 

101 

112 

3 

47 




795 




Van Buren 


1661 




304 

422 

29 

238 

523 

1(141 
201 
115 
K>4 
642 
224 

1018 
576 




2412 




Warren 


1315 


Hancock 


Washington 


1508 




1341 




Webster 


987 


Henry 


Winnebago 


39 


Howard 


Winneshiek 

Woodbury 


279 

226 

8 

117 


238 

9 

14 

98 


1617 


Hnmbnldl 


997 


Ida 


Worth 


149 




228 

15 

268 

ic.g 


Wright 


184 




2485 
1804 

1449 


Totals 






121546 
42193 


79353 


3422^ 


10639 


1713 i 
.59211 


112121 


Jefferson 


1 Majorities 





Total vote, 1877, 245,760 , 1870 (including2949 Greenback), 292,943. 



VOTE FOR CONGRESSMEN, 1876. 



District. 


Kep. 


Dem. 


R. Maj. 


Total. 


Maj. '74. 


District. 


Rep. Dem. 


R. Maj. 


Total. -Maj. 74. 


I 


17188 
10439 
17423 
20770 
19274 


14814 
14683 
16100 
9379 
11154 


2374 
1756 
1323 
11391 
8120 
4059 


32002 
31122 
335-23 
30149 
30428 


D. 1863 
R. 657 
D. 63 


VII 


19496* 11688 
193581 15236 
19503| 10583 


7808 
4122 
89S0 


311841 R. 2300 


II 


VIII 


34594. R. 2127 


III 


IX 


30146 R. 5849 








V 


r'. 5243 


168289 118356 

1 


49933 


*292111 


VI 


18778 


14719 


33497 


K. 2724 


1 





Total vote, 1874, 184,640 ; aggregate Republican majority, 24,524. *Including 5,466 Greenback votes. 



Practical Rules for Every Day Use. 



Hoio to find the gain or loss per cent, when the cost and selling price 
are given. 

Rule. — Find the difference between the cost and selhng price, which 
will be the gain or loss. 

Annex two ciphers to the gain or loss, and divide it by the cost 
price ; the result will be the gain or loss per cent. 

Hoiv to change gold into currency. 

Rule. — Multiply the given sum of gold by the price of gold. 

Hoiv to chayige currency into gold. 

Divide the amount in currency by the price of gold. 

Hoiv to find each partner'' s share of the gain or loss in a copartnership 
business. 

Rule. — Divide the whole gain or loss by the entire stock, the quo- 
tient will be the gain or loss per cent. 

Multiply each partner's stock by this per cent., the result will be 
each one's share of the gain or loss. 

IToiv to find gross and net tveight nnd price of hogs. 

A short and simple method for finding the net weight., or price of hogs., 
when the gross tveight or price is giveii, and vice versa. 

Note. — It is generally assumed that the gross weight of Hogs diminished by 1-5 or 20 per cent, 
of itself gives the net weight, and the net weight increased by H or 25 per cent, of itself equals the 
gross weight. 

To find the net tveight or gross price. 
Multiply the given number by .8 (tenths.) 
To find the gross weight or net price. 
Divide the given number by .8 (tenths.) 

ffoio to fiyid the capacity of a granary., bin., or tvagon-bed. 

Rule. — Multiply (by short method) the number of cubic feet by 
6308, and point off one decimal place — the result will be the correct 
nswer in bushels and tenths of a bushel. 

For only an approximate ansiver, multiply the cubic feet by 8, and 
point off one decimal place. 

ffoio to find the contents of a corn-crib. 

Rule. — Multiply the number of cubic feet by 54, short method, or 

(205) 



266 MISCELLANEOUS INFORMATION. 

by 4J ordinary method, and point off one decimal place — the result wiL 
be the answer in bushels. 

Note.— In estimating corn in the ear, tlie quality and tlie time it lias been cribbed must be taken 
into consideration, since corn will shrink considerably during the Winter and Spring. This rule generally holds 
good for corn measured at the time it is cribbed, provided it is sound and clean. 

Sow to find the contents of a cistern or tank. 

Rule. — Multiply the square of the mean diameter by the depth (all 
in feet) and this product by 5681 (short method), and point off ONE 
decimal place — the result will be the contents in barrels of 31^ gallons. 

Hoiv to find the contents of a barrel or cask. 

Rule. — Under the square of the mean diameter, write the length 
(all in inches) in REVEEe^^D order, so that its units will fall under the 
TENS ; multiply by short method, and this product again by 430 ; point 
off one decimal place, and the result will be the answer in wine gallons. 

Hoiv to measure hoards. 

Rule. — Multiply the length (in feet) by the width (in inches) and 
divide the product by 12 — the result will be the contents in square feet. 

Hoiv to measure scantlings^ joists, pla7iks^ sills, etc. 

Rule. — Multiply the width, the thickness, and the length together 
(the width and thickness in inches, and the length in feet), and divide 
the product by 12 — the result will be square feet. 

JIoiv to find the 7iumher of acres in a body of land. 

Rule. — Multiply the length by the width (in rods), and divide the 
product by 160 (carrying the division to 2 decimal jilaces if there is a 
remainder) ; the result will be the answer in acres and hundredths. 

When the opposite sides of a piece of land are of unequal length, 
add them together and take one-half for the mean length or width. 

How to find the number of square yards in a floor or ivall. 
Rule. — Multiply the length by the width or height (in feet), and 
divide the product by 9, the result will be square yards. 

How to find the number of bricks required in a building. 

Rule. — Multiply the number of cubic feet by 22^. 

The number of cubic feet is found by multiplying the length, height 
nd thickness (in feet) together. 

Bricks are usually made 8 inches long, 4 inches wide, and two inches 
thick^; hence, it requires 27 bricks to make a cubic foot without mortar, 
but it is generally assumed that the mortar fills 1-6 of the space. 

Hoiv to find the number of shingles required in a roof. 

Rule. — Multiply the number of square feet in the roof by 8, if the 
shingles are ex^^osed 4 2 inches, or by 7 1-5 if exposed 5 inches. 

To find the number of square feet, multiply the length of the roof by 
twice the length of the rafters. 



MISCELLANEOUS INFORMATION. 267 

To find the length of the rafters, at one-fourth pitch, multiply the 
width of the building by .56 (hundredths) ; at one-third pitch, by .6 
(tenths) ; at two-fifths pitch, l)y .64 (hundredths) ; at one-half 
pitch, by .71 (hundredths). This gives the length of the rafters from 
the apex to the end of the wall, and whatever they are to project must be 
taken into consideration. 

Note.— By K or M pitch is meant that the apex or comb of the roof is to be )i or }^ the width of the 
builcliiig higher than tlie walls or base of the rafters. 

Hoiv to reckon the cost of hay. 

Rule. — Multiply the number of pounds by half the price per ton, 
and remove the decimal point three places to the left. 

Hoiv to measure grain. 

Rule. — Level the grain ; ascertain the space it occupies in cubic 
feet ; multiply the number of cubic feet by 8, and point off one place to 
the left. 

Note. — Exactness requires the addition to every three hundred bushels of one extra bushel. 

The foregoing rule may be used for finding the number of gallons, by 
multiplying the number of bushels by 8. 

If the corn in the box is in the ear, divide the answer by 2, to find 
the number of bushels of shelled corn, because it requires 2 bushels of eai 
corn to make 1 of shelled corn. 

Rapid rules for measuring land without instruments. 

In measuring land, the first thing to ascertain is the contents of any 
given plot in square yards ; then, given the number of yards, find out the 
number of rods and acres. 

The most ancient and simplest measure of distance is a step. Now, 
an ordinary-sized man can train himself to cover one yard at a stride, on 
the average, with sufficient accuracy for ordinary purposes. 

To make use of this means of measuring distances, it is essential to 
walk in a straight line ; to do this, fix the eye on two objects in a line 
straight ahead, one comparatively near, the other remote ; and, in walk- 
ing, keep these objects constantly in line. 

Farmers and others hy adopting the following simple and ingenious con- 
trivance, may ahvays carry with them the scale to construct a correct yard 
measure. 

Take a foot rule, and commencing at the base of the little finger o\ 
the left hand, mark the quarters of the foot on the outer borders of the 
left arm, pricking in the marks with indelible ink. 

To find how many rods in length will make an acre, the tvidth being given. 
Rule. — Divide 100 by the width, and the quotient will be the answer. 



268 MISCELLANEOUS USTPORMATION. 

How to find the number of acres in any plot of land, the number of rods 
being given. 

Rule. — Divide the number of rods by 8, multiply the quotient by 5, 
and remove the decimal point two places to the left. 

The diameter being given, to find the circumference. 

Rule. — Multiply the diameter by 3 1-7. 

Hoiv to find the diameter, when the circumference is given. 

Rule. — Divide the circumference by 3 1-7. 

To find hoiv many solid feet a round stick of timber of the same thick- 
Tiess throughout will contain wheri squared. 

Rule. — Square half the diameter in inches, multiply by 2, multiply 
by the length in feet, and divide the product by 144. 

General rule for measuring timber, to find the solid contents in feet. 

Rule. — Multiply the depth in inches by the breadth in inches, and 
then multiply by the length in feet, and divide by 144. 

To find the number of feet of timber in trees with the bark on. 

Rule. — Multiply the square of one-fifth of the circumference in 
inches, by twice the length, in feet, and divide by 144. Deduct 1-10 to 
1-15 according to the thickness of the bark. 

Soivard s new rule for computing interest. 

Rule. — The reciprocal of the rate is the time for which the interest 
on any sum of money will be shown by simply removing the decimal 
point two places to the left ; for ten times that time, remove the point 
one place to the left ; for 1-10 of the same time, remove the point three 
places to the left. 

Increase or diminish the results to suit the time given. 

Note.— The reciprocal of the rate is found by inverting the rate ; thus 3 per cent, per month, In- 
verted, becomes )i of a month, or 10 days. 

When the rate is expressed by one figure, always write it thus : 3-1, 
three ones. 

Hulefor converting English into American currency. 

Multiply the pounds, with the shillings and pence stated in decimals, 
by 400 plus the premium in fourths, and divide the product by 90. 

U. S. GOVERNMENT LAND MEASURE. 

A township — 36 sections each a mile square. 
A section — 640 acres. 

A quarter section, half a mile square — 160 acres. 
An eighth section, half a mile long, north and south, and a quarter 
of a mile wide — 80 acres. 

A sixteenth section, a quarter of a mile square — 40 acres. 



MISCELLANEOUS INFORMATION. 269 

The sections are all numbered 1 to 36, commencing at the north-east 
corner. 

The sections are divided into quarters, which are named by the 
cardinal points. The quarters are divided in the same way. The de- 
scription of a forty acre lot would read : The south half of the west half of 
the south-west quarter of section 1 in township 24, north of range 7 west, 
or as the case might be ; and sometimes will fall short and sometimes 
overrun the number of acres it is supposed to contain. 

The nautical mile is 795 4-5 feet longer than the common mile. 

SURVEYORS' MEASURE. 

7 92-100 inches make 1 link. 

25 links " 1 rod. 

4rods " 1 chain. 

80 chains " 1 mile. 

Note. — A chain is 100 links, equal to 4 rods or 66 feet. 

Shoemakers formerly used a subdivision of the inch called a barley- 
corn ; three of which made an inch. 

Horses are measured directly over the fore feet, and the standard of 
measure is four inches — called a hand. 

In Biblical and other old measurements, the term span is sometimes 
used, which is a length of nine inches. 

The sacred cubit of the Jews was 24.024 inches in length. 

The common cubit of the Jews was 21.704 inches in length. 

A pace is equal to a yard or 36 inches. 

A fathom is equal to 6 feet. 

A league is three miles, but its length is variable, for it is strictly 
speaking a nautical term, and should be three geographical miles, equal 
to 3.45 statute miles, but when used on land, three statute miles are said 
to be a league. 

In cloth measure an aune is equal to li yards, or 45 inches. 

An Amsterdam ell is equal to 26.796 inches. 

A Trieste ell is equal to 25.284 inches. 

A Brabant ell is equal to 27.116 inches. 

HOW TO KEEP ACCOUNTS. 

Every farmer and mechanic, whether he does much or little business, 
should keep a record of his transactions in a clear and systematic man- 
ner. For the benefit of those who have not had the opportunit}' of ac- 
quiring a primary knowledge of the principles of book-keeping, we here 
present a simple form of keeping accounts which is easily comprehended, 
and well adapted to record the business transactions of farmers, mechanics 
and laborers. 



270 



MISCELLA^SIEOUS INFORMATION. 



1875. 



A. H. JACKSON. 



Dr. 



Cr. 



Jan. 

u 

Feb. 

(( 

March 



April 
May 

a 

July 



10 

17 

4 

4 

8 

8 

13 

2? 

9 

9 

G 

24 

4 



To 7 bushels Wheat at -$1.25 

By shoeing span of Horses 

To 14 bushels Oats --- at S .45 

Too lbs. Butter at .25 

By new Harrow 

By sharpening 2 Plows 

By new Double-Tree 

To Cow and Calf - - 

To half ton of Hay - 

By Cash 

By repairing Corn-Planter. 

To one Sow with Pigs 

By Cash, to balance account 



-SS 


75 










$2 


50 


6 


30 






1 


25 










18 


00 
40 






2 


25 


48 


00 






6 


25 










25 


00 






4 


75 


17 


50 










35 


15 


$88 


05 


S88 


05 



1875. 



CASS A MASON. 



Dr 



Cr. 



May 

June 

(( 

July 

u 

Aug. 

(( 

Sept. 



March 21 
" 21 
" 23 
1 
1 
19 
26 
10 
29 
12 
12 
1 



By 3 days' labor - at $1.25 



3.00 
.45 



To 2 Shoats at 

To 18 bushels Corn at 

By 1 month's Labor 

To Cash - - - 

By 8 days' Mowing .at $1.50 

To 50 lbs. Flour 

To 27 lbs. Meat .at $ .10 

By 9 days' Harvesting. _.. ...at 2.00 

By 6 days' Labor - at 

To Cash 

To Cash to balance account 



1.50 



8G 
8 

10 

2 
2 



20 

18 



00 
10 

00 

75 
70 



00 
20 



(0 



S3 

25 

12 



18 
9 



$67 



75 

00 
00 



00 
00 



75 



A Simple Rule for accubatelt 



INTEREST TABLE. 

Computing Interest at 
Length op Time. 



AXY GrvE>- Pkr Cent, for Any 



MultiDlvthe orincipaJ (amount of money at interest) by the time reduced to days; then divide tliisjjrodttct 
by the giiotieiif obtained by dividing 360 (the number of days in the interest year) by the per cent, ot interest, 



andthe quotient thus obtained will be the required interest 

ILLUSTRATION. 

Require the interest of »462.50 for one month and eighteen days at 6 per cent. An 
interest month is 30 days; one month and eighteen days equal 48 days. $452.50 multi- 
plied by .48 gives $222.0000; 360 divided by 6 (the per cent of interest) gives 6(^, and 
«S>9'> nnno divided bv 60 will trive vou the exact interest, which is ».i. lU. ittue lato ot 
interest in th'^abovLxamplfwIr^^^^^ per cent., we would divide the $222.0000 by 30 6)360 . 

(because 360 divided bv 12 gives 30); if 4 per cent., we would divide by 90; if 8 per _ 

' *' «'^"*- i~ij J 



„„„„„ ._ „ ,,,, _ we would divide by90;if8per. 

cenu ijy 4.^rand in like manner'fo'fahy otber per cent. 



Solution. 

$462.. 50 
.48 

370000 
185000 



60, 



MISCELLANEOUS TABLE. 



12 units, or things, 1 Dozen. 
12 dozen, 1 Gross. 
20 things, 1 Score. 



196 pounds, 1 Barrel of Flour. 

200 pounds, 1 Barrel of Pork. 

56 pounds, 1 Firkin of Butter. 



24 sheets of paper, 1 Quire. 

20 quires paper 1 Ream. 

4 ft. wide, 4 f-. high, and 8 ft. 



$222.0000. $3.70 
180 

420 
420 

~00 



long, 1 Cord Wood. 



MISCELLANEOUS I>rFORMATION. 271 

NAMES OF THE STATES OF THE UNION, AND THEIR SIGNIFICATIONS. 

Virginia. — The oldest of the States, was so called in honor of Queen 
Elizabeth, the "Virgin Queen," in whose reign Sir Walter Raleigh made 
his first attempt to colonize that region. 

Florida. — Ponce de Leon landed on the coast of Florida on Easter 
Sunday, and called the country in commemoration of the day, which was 
the Pasqua Florida of the Spaniards, or " Feast of Flowers." 

Louisiana was called after Louis the Fourteenth, who at one time 
owned that section of the country. 

Alabama was so named by the Indians, and signifies " Here we Rest." 

Mississippi is likewise an Indian name, meaning " Long River." 

Arkansas., from Kansas, the Indian word for " smoky water." Its 
prefix was really are^ the French word for " bow." 

The Carolinas were originally one tract, and were called "Carolana," 
after Charles the Ninth of France. 

Georgia owes its name to George the Second of England, who first 
established a colony there in 1732. 

Tenyiessee is the Indian name for the " River of the Bend," i. e., the 
Mississippi which forms its western boundary. 

Kentucky is the Indian name for " at the head of the river." 

Ohio means " beautiful ; " Iowa., " drowsy ones ; " Minnesota., " cloudy 

water," and Wisconsin., "wild-rushing channel." 

Illinois is derived from the Indian word illini, men, and the French 

suffix ois, together signifying "tribe of men." 

Michigan was called by the name given the \sike, fish- weir, which was 
so styled from its fancied resemblance to a fish trap. 

Missouri is from the Indian word " muddy," which more properly 
applies to the river that flows through it. 

Oregon owes its Indian name also to its principal river. 

Cortes named California. 

Massachusetts is the Indian for " The country around the great hills." 

Connecticut, from the Indian Quon-ch-ta-Cut, signifying " Long 
River." 

Margkmd, after Henrietta Maria, Queen of Charles the First, of 
England. 

Wew York was named by the Duke of York. 

Pennsglvania means " Penn's woods," and was so called after William 
Penu, its orignal owner. 



272 



MISCELLANEOUS INFORMATION. 



Delaware after Lord De La Ware. 

New Jersey, so called in honor of Sir George Carteret, who was 
Governor of the Island of Jersey, in the British Channel. 

Maine was called after the province of Maine in France, in compli- 
ment of Queen Henrietta of England, who owned that province. 

Vermont, from the French word Vert Mont, signifying Green 
Mountain. 

Netv Hampshire, from Hampshire county in England. It was 
formerly called Laconia. 

The little State of Rhode Island owes its name to the Island of 
Rhodes in the Mediterranean, which domain it is said to greatly 
resemble. 

Texas is the American word for the Mexican name by which all that 
section of the country was called before it was ceded to the United States. 



POPULATION OF THE 
UNITED STATES. 



States and Territories. 



Alabama 

Arkansas 

California 

Connecticut 

Delaware — 

Plorida . 

Georgia 

Illinois 

Indiana 

Iowa 

Kansas 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts — 

Michigan 

Minnesota 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire 

New Jersey 

New York 

North Carolina 

Ohio 

Oregon 

Pennsylvania 

Rhode Island 

South Carolina 

Tennessee 

Texas 

Vermont I. . 

Virginia 

West Virginia 

Wisconsin 



Total 
Population. 

996.992 

484,471 

560,247 

5.37,454 

125,015 

187,748 

1.184,109 

2,539,891 

1,680,637 

1,191,792 

364,399 

1,.321,011 

726,915 

626,916 

780,894 

1,457,351 

1,184,059 

439,706 

827,922 

1,721.295 

122,993 

42,491 

318,300 

906.096 

4,382.759 

1,071,361 

3,665.260 

90,923 

3,521,791 

217,353 

705,606 

1,258,520 

818,579 

330,551 

1,225,163 

442,014 

1,054,670 



Total States.. 



Arizona 

Colorada 

Dakota 

District of Columbia. 

Idaho 

Montana 

New Mexico 

truh 

Washington 

"Wyoming 



Total Territories 



Total United States 38, 555,983 



38.113,253 



9,658 
39,864 
14,181 
131.700 
14,999 
20,595 
91,874 
86,786 
23,955 
9,118 

442,730 



POPULATION OF FIFTY 
PRINCIPAL CITIES. 



Cities. 



New York, N. Y 

Philadelphia, Pa 

Brooklyn, N. Y 

St. Louis, Mo 

Chicago, 111 

Baltimore, Md 

Boston, Mass 

Cincinnati, Ohio 

New Orleans, La. .. 
San Francisco, Cal.. 

Buffalo, N. Y 

Washington, D. C... 

Newark, N. J 

Louisville, Ky 

Cleveland, Ohio 

Pittsburg, Pa 

Jersey City, N. J ... 

Detroit, Mich 

Milwaukee, Wis 

Albany. N. Y 

Providence, R. I 

Rochester, N. Y 

Allegheny, Pa 

Richmond, Va 

New Haven, Conn.. 

Charleston, S. C 

Indianapolis, Ind... 

Troy, N. Y 

Syracuse, N. Y 

Worcester, Mass.... 

Lowell, Mass 

Memphis, Tenn 

Cambridge, Mass... 

Hartford, Conn 

Scran ton. Pa 

Reading, Pa 

Paterson, N.J 

Kansas City, Mo... 

Mobile, Ala 

Toledo, Ohio 

Portland, Me 

Columbus, Ohio 

Wilmington, Del... 

Dayton, Ohio 

Lawrence, Mass 

Utica, N. Y 

Charlestown, Mass 

.Savannah, Ga 

Lvnn. Mass 

Fall River, Mass... 



Aggregate 
Population. 



942 

674, 

396, 

310. 

298 

267 

250, 

216, 

191, 

149 

117 

109 

105 

100, 

93, 

86 

82, 

79, 

71, 

69, 

68, 

62, 

53, 

51. 

50, 

48, 

48, 

46, 

43, 

41, 

40, 

40. 

39, 

37 

35 

33 

33 

32 

32 

31 

31 

31 

30. 

30. 

28, 

28, 

28, 

28. 

28, 

26 



292 
022 
099 
864 
977 
354 
526 
239 
418 
473 
714 
199 
059 
753 
829 
076 
546 
577 
440 
422 
904 
386 
180 
038 
840 
956 
244 
465 
051 
105 
928 
226 
634 
180 
093 
930 
579 
260 
034 
584 
,413 
274 
841 
473 
921 
804 
323 
235 
233 
766 



i 



MISCELLANEOUS INFORMATION. 



273 



POPULATION OF THE UNITED STATES. 



States and 
Territories. 



Stidcs. 

AlabaiiKi 

Arkansas 

Caiiforiiia 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kansas 

KentU(?ky 

Louisiana 

Maine 

Maryland 

Massachusetts... 

Michigan* 

Minnesota 

Mississippi 

Missouri 

Nebraska 

Nevada 

New Hampshire. 

New Jersey 

New York 

North Carolina. . 

Ohio 

Oregon 



.\rea in 
square 
Miles. 



50, 
52, 

188 

4, 

2, 

59, 

58, 

55, 

33, 

55, 

81 

37 

41, 

31 

11, 

7, 

56, 

83, 

47 

65 

75, 

112, 

9, 

8, 

47, 

50, 

39, 

95 



732 

198 
981 
674 
120 
268 
000 
410 
809 
045 
318 
600 
346 
.76 
184 
800 
451 
531 
156 
350 
9P5 
090 
280 
320 
000 
04 
964 
244 



Population. 



1870. 



996, 

484. 

560, 

537, 

125, 

187, 

1,184, 

2,539, 

1,680, 

1,191. 

364, 

1,321, 

726, 

626, 

780, 

1,457. 

1,184, 

439. 

827, 

1,721, 

123, 

42, 

318. 

906, 

4,382. 

1,071, 

2,665, 

90, 



992 
471 
247 
454 
015 
748 
109 
891 
637 
792 
399 
Oil 
915 
915 
894 
351 
059 
06 
922 
295 
993 
491 
300 
096 
759 
361 
260 
923 



1875. 



1,3.50,544 
528,349 



857,039 



1,651,912 

1,334,031 

598,429 



246,280 
52,540 



1,026,502 
4,705.208 



Miles 
R. R. 

1872. 



1,671 

25 

1,013 

820 

227 

466 

2,108 

5,904 

3.529 

3.160 

1,760 

1,123 

539 

871 

820 

1,606 

2,235 

1,612 

990 

2,580 

828 

593 

790 

1.265 

4,470 

1,190 

3,740 

lo9 



* Last Census of Michigan taken in 1874. 



States and 
Territories. 



States. 
Pennsylvania... 
Rhode Island... 
South Carolina. 

Tennessee 

Te,\as 

Vermont 

Virginia 

West Virginia... 
Wisconsin 



Total States. 



Territories. 

Arizona 

Colorado 

Dakota 

Dist. of Columbia. 

Idaho 

Montana 

New Mexico 

Utah 

Washington 

Wyoming 

Total Territories. 



Area in 
square 
Miles. 



46,000 
1,306 
29,385 
45,600 
237,504 
10.212 
40,904 
23,000 
53,924 



1,950,171 



113,916 

104,.500 

147,490 

60 

90,932 

143.776 

121.201 

80,056 

69,944 

93,10" 



965,032 



POPrLATlQX. 



1870. 



3,521 
217 
705, 

1,258, 
818, 
330, 

1,225, 
442, 

1,0.54, 



791 
353 
606 
520 
579 
551 
163 
014 
670 



38,113,253 



9,658 
39,864 
14,181 
131,700 
14,999 
20.595 
91.874 
86,786 
23,955 

9,118 



442,7.30 



1875. 



258,239 
925,145 



1,236, 72C 



Miles 
R. R. 

1872. 



5,113 
136 

1.201 

1.520 
865 
675 

1,490 
485 

1.725 



59,587 



392 



375 
■498 



1.265 



Aggregate of U. S.. 2,915,203 38,555,983 60,852 

* Included In the Railroad Mileage of Maryland. 



PRINCIPAL COUNTRIES OF THE WORLD; 

l^OPULATION AND ArEA. 



Countries. 



Population. 



China , 

British Empire 

Russia 

United States with Alaska 

France 

Austria and Hungary 

Japan , 

Great Britain and Ireland 

German Empire 

Italy 

Spain 

Brazil '. 

Turkey 

Mexico . 

Sweden and Norway 

Persia 

Belgium 

Bavaria 

Portugal 

Holland 

N ew Grenada 

Chili 

Switzerland 

Peru 

Bolivia 

Argentine Republic 

Wurteniburg 

Denmark 

Venezuela 

Baden 

Greece 

Guatemala 

Ecuador '. . . . 

Paraguay 

Hesse 

Liberia 

San Salvador 

Hayti 

Nicaragua 

Uruguay 

Hondu ras 

San Donii ngo 

Costa Rica 

Hawaii 



446,500. 

226,817, 

81.925. 

38,925, 

36,469, 

35,904, 

34,785, 

31,817, 

29,906, 

27,439, 

16.642, 

10,000 

16,463, 

9,173. 

5,921. 

5,000, 

5,021, 

4,861, 

3,995, 

3,688, 

3,000. 

2,000, 

2,669, 

2,500, 

2,000 

1,811 

1,818, 

1,784, 

1,500 

1,461 

1,457 

1,180 

1,300 

1,000 

823 

718 

600, 

572, 

350, 

300 

350, 

136 

165 

62 



000 
108 
400 
600 
800 
400 
300 
100 
092 
921 
000 
000 
000 
000 
500 
000 
300 
400 
200 
300 
000 
000 
100 
000 
000 
,000 
,500 
700 
000 
,400 
900 
,000 
000 
000 
,1.38 
,000 
,000 
000 
,000 
000 
000 
,000 
.000 
9.50 



Date of 
Census. 



1871 
1871 
1871 
1870 
1866 
1869 
1871 
1871 
1871 
1871 
1867 



1869 
1870 
1870 
1869 
1871 
1868 
1870 
1870 
1869 
1870 
1871 

■1869 
1871 
1870 

'isii 

1870 
1871 

'isii 
'isii 

1871 

"isVi 

1871 
1871 

'i'sio 



Area in 
Square 

Miles. 



3,741,846 

4,677,432 

8,003,778 

2,603,884 

204,091 

240,348 

149,399 

121,315 

160,207 

118,847 

195,775 

3,253,029 

672,621 

761,526 

292,871 

635,964 

11,373 

29,292 

34,494 

12.680 

357,157 

132.616 

15,992 

471,838 

497,.321 

871,848 

7, .533 

14,753 

368,238 

5,912 

19,353 

40,879 

218,928 

63,787 

2,969 

9,576 

7.335 

10,205 

58,171 

66,722 

47,092 

17,827 

21,505 

7.633 



Inhabitants 

to Square 

Mile. 



119.3 

48.6 

10.2 

7.78 

178.7 

149.4 

232.8 

262.3 

187. 

230.9 

85. 

3.07 
24.4 



20. 
7.8 
441.5 
165.9 
115.8 
290.9 
8.4 
15.1 
166.9 
5.3 
4. 
2.1 
241.4 
120.9 
4.2 
247. 
75.3 
28.9 
5.9 
15.6 
277. 
74.9 
81.8 
56. 
6. 
6.5 
7.4 
7.6 
7.7 
80. 



C.VPtTALS. 



Pekin 

London 

St. Petersburg. 

Washington 

Paris 

Vienna , 

Yeddo 

London , 

Berlin 

Rome 

Madrid 

Rio Janeiro 

Constantinople 

Mexico 

Stockholm 

Teheran 

Brussels 

Munich 

Lisbon 

Hague 

Bogota 

Santiago 

Berne 

Lima 

Chuquisaca 

Buenos Ayres.. 

Stuttgart 

Copenliagen 

Caraccas 

Carlsrulie 

Athens 

Guatemala 

Quito 

Asuncion 

Darmstadt 

Monrovia 

Sal Salvador ... 
Port au Prince 

Managua 

Monte Video... 

Comayagua 

San Domingo... 

San Jose 

Honolulu 



Population. 



1,648.800 

3,251,800 

667,000 

109,199 

1,825.300 

833,900 

1,5.54,900 

3,251,800 

825,400 

244,484 

332,000 

420,000 

1,075,000 

210.300 

136,900 

120,000 

314,100 

169,500 

224,063 

90,100 

45,000 

115.400 

36.000 

160,100 

25.000 

177.800 

91,600 

162,042 

47,000 

36,600 

43,400 

40.000 

70,000 

48,000 

30,000 

3,000 

15,000 

20.000 

10.000 

44,500 

12,000 

20.000 

2.000 

7.633 



STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.) 



COUNTIES. 



Xo. of 
Acres 
of Im- 
proved 
Laud. 



Appanoose 

Alainakee 

Audubon 

Adams 

Adair 

Buena Vista . . 

Benton 

Boone 

Butler 

Bremer 

Black Hawk... 

Buclianan 

Clay 

Cherokee 

CasB., 

Crawford 

Cedar 

Cerro Gordo. . . 

Clayton 

Clinton 

Chickasaw 

Carroll 

Clarke 

Calhoun 

Davis 

Decatur 

Duhuque 

Des Moines 

Delaware 

Dickinson 

Dallas 

Emmet 

Floyd 

Fayette 

Franklin 

Fremont 

Grundy 

Green 

Guthrie 

Hardin 

Humboldt 

Howard 

Harrison 

Hancock 

Hamilton 

Henry 

Ida 

Iowa 

Jackson 

Johnson 

Jasper 

Jones 

Jefferson 

Keokuk 

Kossuth 

Lee 

Lucas 

Lyon 

Linn 

Louisa 

Mitchell 

Mahaska 

Marion 

Mills 

Madison 

Monroe 

Marshall 

Monona 

Muscatine 

Montgomery.. 

O'Brien 

Osceola 

Polk 

Pochahontas.. . 

Pottawattomie 

Powesheik 

Page 

Plymouth 

Palo Alto 

Ringgold 

Scott 

Story 

Shelby 

Sioux 

Sac 

Taylor 

Tama 

Union 

Van Buren 

Wayne 

Warren 

Winnesheik ... 

Woodbury 

Worth 

Washington .. 

Webster 

Winnebago 

Wright 

Wapello 

Totals 



No. of 
Acres 
Unim- 
proved 
Land. 



No. of 
Acres 
under 
Culti- 
vation 
in 1874. 



Spring Wheat. Winter Wheat. 



161059 
134T67 
21146 
65459 
83182 
33118 
297518 
15698 
149498 
14596- 
213025 
19056 
37059 
54638 
110864 
58058 
248869 
529S0 
212291 
299855 
96504 
58065 
98694 
26996 
150938 
115751 
187831 
143665 
472029 
15770 
132435 
9989 
147098 
179504 
69859 
115907 
146039 
59940 
87259 
128S31 
29114 
115823 
94848 
10462 
63966 
182080 
7292 
191041 
193290 
241021 
278881 
208907 
167389 
208125 
31550 
183832 
108952 
15872 
281118 
151007 
126384 
232398 
199669 
141512 
161998 
102215 
223735 
52242 
178945 
104633 
33626 
18490 
207689 
21928 
124630 
208989 
156782 
58233 
1851 : 
18400 
235515 
148649 
53180 
39824 
31336 
102861 
255182 
57005 
153674 
147766 
194265 
246140 
44179 
48927 
225176 
97238 
17589 
35516 
150209 



161083 

156821 
23819 
43735 
55680 
37034 
53911 
71810 
58908 
47001 

150881 
71418 
39919 
28974 
45304 

283414 
41417 

309895 

151908 
5733 
94772 

309744 
50487 



125188 

109388 

15986 

54352 

66265 

27010 

239408 

108642 

124877 

104810 

181256 

157240 

33375 

45412 

92785 

15262 

166485 

48648 

173622 



116003 
87172 
98561 
58165 
62305 
29850 
57765 
25586 
32130 
98156 
43U46 
198832 
47926 
49838 
47220 
39930 
36906 
171048 
337451 
341615 
39935 
50249 
9494 
89357 
142401 
71257 
179752 
63298 
66979 
98999 
48793 
78692 
59757 
318841 
62649 
52922 
70176 
122490 
82779 
53604 
188709 
78206 
47552 
56: 
48S32 
5060 
32070 
31406 
56841 
35572 
419489 
48697 
175471 
51912 
322'25 
58S29 
19123 
43874 
39326 
367394 
47201 
235515 
90222 
33216 
99528 
66795 
1671 
131670 
57097 
4595 
55652 
61744 
30625 
32387 
63491 



No. of 



No. of 
Bushels' 



No. of 



No. of 

Bushels 



Indian Corn. 



Oats. 



Acres. Harv'fd ^'^''^^- HarVfd 



74104 
39159 
78803 
26618 
13159. 
95275 
146244 
97618 
161357 
11961 
114625 
8387 
110708 
133758 
65590 
103039 
135108 
52323 
76892 
97765 
27013 
61871 
72287 
9005 
52050 
110831 
6514 
158488 
142401 
193019 
216949 
140684 
125590 
149672 
28835 
133580 
88857 
12766 
175655 
100066 
94133 
150368 
153214 
99837 
137979 
91730 
117303 
39844 
129699 
86026 
26434 
14651 
140450 
19219 
90679 
171.588 
11.5484 
44379 
16679 
50873 
185742 
99387 
47230 
33515 
24179 
79442 
214941 
45826 
113263 
117689 
15S737 
259469 
3309 
3215 
157884 
70910 
12421 
28957 
135173 



12627850 8410435 9354905 3690711 42669731 



9606 
61880 
6876 
17947 
27550 
15514 
99406 
32305 
57907 
48878 
89361 
64291 
17481 
31693 
40123 
21000 
4046 
28199 
86883 
6S683 
40162 
26756 
17968 
11040 
5378 
8211 
49240 
10615 
60401 
5701 
29256 
3911 
6206' 
60779 
31096 
13229, 
67384 
19391 
27489 
38464 
12046 
36115 
23948! 
48891 
20676; 
15026 
3108 
48410 
435151 
45306 
79926 
86090 
16237 
83278 
10798 
10851 
13954 
8132 
52178 
19764 
65534 
34362 
45136 
24385 
37553 
11638 
69895 
15334 
32375 
1381 
14904 
8769 
376S6 
7434 
33369 
57312 
22689 
33628 
8606 
10926 
47698 
26658 
22029 
22996 
11056 
15446 
97013 
10386 
7455 
103 
4217.T 
112175 
15243 
23092 
41646 
30354 
8939 
13629 
17368 



77789 
937639 
89235 
281376 
435014 
16273 
1343666 
429237 
779167 
644795 
1108024 
812342 
153159 
40150 
676209 
324894 
640544 
415463 
1305125 
1010345 
643519 
340161 
217090 
109631 
30993 
77169 
634135 
113396 
71728 
25822 
445848 
1510 
941439 
863670 
455909 
2069U1 
9766U7 
257760 
393374 
497251 
2090-2 
58-2803 
143701 
70006 
294682 
180220 
48815 
67024' 
550000 
6667 
1107170 
462478 
164904 
368528 
131.39 
72624 
153587 
76742 
656597 
189939 
1083811 
395532 
529663 
34-2961 
628314 
101413 
11253S-', 
183811 
416471 
551539 
157526 
7475' 
563389 
30774 
588971 
762826 
355792 
442736 
23-208 
78851 
762315 
330897 
317944 
251286 
110094 
206813 
143780' 
141188 
58808 
76346 
654679 
1813465 
21887: 
41048' 
469879 
391051 
162281 
196166 
157535 



No. of I Bu°-heis ^'o- °^ 
Acres. | ^^'.^^els j^^^^^_ 



1049 

181 

10 

7 

70 



7 
11 
20 



26 



1347 

12 

3 

3 

7 

10 

5379 

817 

84 

8688 

5 



46 



2 
22 



84 



9041 



36 
491 
100 

""'31' 

6192 

148 

140 

15400 

31 

""n 

1388 



205 

189 

32 

25 

263 

21 



21 
'63' 



1220 

10 

325 

125 

40 



244 



53 

10928 

143 

61 



1439 

5 

11 



10838 

1964 

97 

174 

3500 



280 

84 

700 



295 



21030 

4-28 

63 

20 

55 

150 

56405 

1-2239 

17-20 

117310 

50 



186 



968 
'i66-25 



44 
360 



1200 



113203 



1080 
7942 
1274 

■"469 

66739 

1363 



200407 

329 

54 

160 

16267 



2697 

2212 

543 

484 

5584 

200 



629 
166 



394 
■475 



20235 
160 



1762 

618 

20 



1617 



69188 



10 

8068 



960 

121854 

1236 

910 



14193 



lvalue of 

i Products 

No. of «^ Farm 

Bushels r,,,?,° 
Harv't d, ^Jollars. 



270 



16159 



75927 



64871 
24325 
92-25 
25474 
30860 
7888 
83-244 
46151 
38685 
28754 
56592 
48831 
8797 
9459 
40582 
17957 
78224 
9512 
37948 
89-297 
16821 
16014 
39066 
10656 
62127 
50484 
67118 
1029-24 
56150 
3183 
57652 
2197 
26462 
37091 
24066 
73845 
40175 
783037 
38902 
41304 
9998 
9916 
447-20 
2067 
20441 
62672 
2301 
«2518 
53962 
77142 
100217 
65423 
55061 
75697 
9781 
59863 
470-22 
2645 
91773 
49642 
11274 
83775 
846.'30 
59543 
69494 
45575 
67699 
21577 
54760 
39251 
6379 
2510 
77497 
8981 
47258 
86748 
71386 
10097 
6641 
35613 
59071 
51273 
17674 
6780 
8662 
48260 
73-251 
24063 
50211 
65625 
80280 
27185 
14647 
3530 
73265 
28713 
1374 
10089 
57035 



2385213 
905920 
394655 
969777 
14024-28 
228231 
3328921 
1595752 
1270878 
1&26641 
1939590 
1811-250 
180120 
315215 
1901062 
648658 
2845921 
265443 
1471263 
3061338 
514-279 
550041 
1580260 
3511-20 
2115569 
1763140 
1702391 
2307938 
1690333 
44455 
2484898 
14273 
642448 
1296480 
758983 
1703985 
1482582 
78302 
1669134 
1379961 
297381 
307912 
16-20192 
57899 
670731 
2415670 
108465 
2713830 
1665518 
3158178 
45'258'-9 
1909534 
1695510 
83-27282 
119777 
2190306 
190-2530 
10396 
34399-23 
2184658 
411961 
3768209 
3835063 
1533976 
2953630 
1738916 
2808256 
818388 
1715973 
1441467 
106052 
17279 
327-2040 
2-29263 
1750038 
S571105 
2239043 
175 
142957 
1145937 
2-226346 
1783477 
689556 
32038 
279716 
1419680 
2842859 
1130930 
1823622 
2405187 
3561365 
977316 
490371 
122-291 
28.3-2241 
917911 
52425 
281821 
2143791 



4700176 136-284542 98-2994 



13756 
12776 
788 
3951 
4455 
2791 
15490 
10101 
13827 
14259 
16804 
17431 
4436 
3545 
9079 
2902 
20-243 
7199 
20C24 
23704 
11744 
3238 
12337 
2993 
13643 
10555 
25115 
9242 
20577 
2403 
9937 
1549 
15461 
20770 
9532 
5419 
11786 
4-227 
4145 
10982 
3974 
10-210 
3462 
1.353 
5108 
13393 
455 
11756 
23652 
17760 
15-267 
18260 
14005 
15582 
5143 
11817 
12665 
8477 
22670 
6792 
140T8 
16646 
10937 
65-28 
8743 
11512 
13611 
2304 
13287 
5322 
8107 
1390 
12188 
2541 
5278 
11416 
9758 
4161 
2979 
9118 
15915 
11273 
2254 
4591 
3035 
8718 
13574 
61-27 
12596 
13-242 
8391 
24307 
3072 
4445 
15701 
7491 
1327 
4134 
11570 



387346 

4428-29 

33233 

141-293 

1597,39 

67069 

445070 

404620 

4-21719 

518571 

538196 

556209 

98766 

115595 

176-281 

99158 

675837 

228097 

669895 

702059 

446300 

1075' 

367643 

73182 

845707 

344551 

6433-22 

287392 

632113 

37282 

335124 

3241 

487729 

704407 

3-28679 

179645 

401948 

120948 

153305 

356915 

90944 

840268 

69140 

48816 

168262 

358-221 

140(X1 

319071 

5-21156 

52-.>19 

53-2239 

464824 

4461-28 

447603 

27857 

279069 

342164 

13789 

585648 

175755 

542662 

496248 

a35746 

232639 

285103 

241081 

465245 

664 

405562 

201635 

53931 

26829 

431841 

40494 

168081 

533565 

346507 

120437 

46859 

255007 

528868 

343265 

71676 

45096 

6.599 

269657 

384469 

187748 

353698 

367396 

281510 

8216508 

91647 

161557 

453320 

207493 

45109 

135176 

293590 



$1611937 

1415769 

184153 

695318 

828171 

2078-28 

2664995 

1018453 

1-209785 

1144620 

1898424 

2615949 

123343 

35(H'9 

1284899 

48.3357 

■2606149 

.591617 

2081793 

3049019 

894656 

451365 

7054987 

2'21613 

160G090 

10-24541 

1636132 

177-2992 

1693314 

45334 
1502047 

15-244 

1367377 

1503127 

777106 

1046066 

1593977 

620905 

792461 

1066627 

200001 

734409 

786677 

89403 

52762 
1765670 
7482-211 
2005049 
1750091 
2447875 
2916838 
1896416 
1,330140 
1919728 

105306 
1631518 
1030554 

32651 
2590052 
1665739 
1591878 
2195785 
2181346 
1003509 
1709030 

938362 
2368278 

447665 
1747906 
1072127 

191542 

69581 

2140023 

112666 
1252629 
2393022 
1293463 

434123 

96616 

1115782 

3041873 

1033743 

573026 

166980 

238880 

908476 
2316405 

6-24260 
1439586 
1361376 
2-208392 
2-265252 

298209 

396506 
2035264 

733342 

140219 

288685 
1455319 



29144352 $131536747 



ABSTRACT OF IO¥A STATE LAWS. 



BILLS OF EXCHANGE AND PROMISSORY NOTES. 

Upon negotiable bills, and notes payable in this State, grace shall be allowed 
according to the law merchant. All the above mentioned paper falling due on 
Sunday, New Year's Day, the Fourth of July, Christmas, or any day appointed 
or recommended bv the President of the United States or the Governor of the 
State, as a day of fast or thanksgiving, shall be deemed as due on the day pre- 
vious. No defense can be made against a negotiable instrument (assigned before 
due) in the hands of the assignee without notice, except fraud was used in 
obtaining the same. To hold an indorser, due diligence must be used by suit 
against the maker or his representative. Notes payable to person named or to 
order, in order to absolutely transfer title, must be indorsed by the payee. 
Notes payable to bearer may be transferred by delivery, and when so payable, 
every indorser thereon is held as a guarantor of payment, unless otherwise 
expressed. 

In computing interest or discount on negotiable instruments, a month shall 
be considered a calendar month or twelfth of a year, and for less than a month, 
a day shall be figured a thirtieth part of a month. Notes only bear interest 
when so expressed; but after due, they draw the legal interest, even if not 
stated. 

INTEREST. 

The legal rate of interest is six per cent. Parties may agree, in writing, 
on a rate not exceeding ten per cent. If a rate of interest greater than ten 
per cent, is contracted for, it works a forfeiture of ten per cent, to the school 
fund, and only the principal sum can be recovered. 

DESCENT. 

The personal property of the deceased (except (1) that necessary for pay- 
ment of debts and expenses of administration ; (2) property set apart to Avidow, 
as exempt from execution ; (3) allowance by court, if necessary, of twelve 
months' support to widow, and to children under fifteen years of age), including 
life insurance, descends as does real estate. 

One-third in value (absolutely) of all estates in real property, possessed by 
husband at any time during marriage, which have not been sold on execution 
or other judicial sale, and to which the wife has made no relin([uishment of her 
right, shall be set apart as her property, in fee simple, if she survive him. 



276 ^ ABSTRACT OF IOWA STATE LAWS. 

The same share shall be set apart to the surviving husband of a deceased 

wife. 

The widow's share cannot be affected by any will of her husband's, unless 
she consents, in writing thereto, within six months after notice to her of pro- 
visions of the will. 

The provisions of the statutes of descent apply alike to surviving husband 
or surviving wife. 

Subject to the above, the remaining estate of which the decedent died 
siezed, shall in absence of other arrangements by will, descend 

First. To his or her children and their descendants in equal parts ; the 
descendants of the deceased child or grandchild taking the share of their 
deceased parents in equal shares among them. 

Second. Where there is no child, nor descendant of such child, and no 
widow or surviving husband, then to the parents of the deceased in equal parts ; 
the surviving parent, if either be dead, taking the whole ; and if there is no 
parent living, then to the brothers and sisters of the intestate and their descend- 
ants. 

Third. When there is a widow or surviving husband, and no child or chil- 
dren, or descendants of the same, then one-half of the estate shall descend to 
such widow or surviving husband, absolutely ; and the other half of the estate 
shall descend as in other cases where there is no widow or surviving husband, 
or child or children, or descendants of the same. 

Fourth. If there is no child, parent, brother or sister, or descendants of 
either of them, then to wife of intestate, or to her heirs, if dead, according to 
like rules. 

Fifth. If any intestate leaves no child, parent, brother or sister, or de- 
scendants of either of them, and no widow or surviving husband, and no child, 
parent, brother or sister (or descendant of either of them) of such widow or 
surviving husband, it shall escheat to the State. 



WILLS AND ESTATES OF DECEASED PERSONS. 

No exact form of words are necessary in order to make a will good at law. 
Every male person of the age of twenty-one years, and every female of the age 
of eighteen years, of sound mind and memory, can make a valid will ; it must 
be in writing, signed by the testator, or by some one in his or her presence, and 
by his or her express direction, and attested by two or more competent wit- 
nesses. Care should be taken that the witnesses are not interested in the will. 
Inventory to be made by executor or administrator within fifteen days from 
date of letters testamentary or of administration. Executors' and administra- 
tors' compensation on amount of personal estate distributed, and for proceeds of 
sale of real estate, five per cent, for first one thousand dollars, two and one-half 
per cent, on overplus up to five thousand dollars, and one per cent, on overplus 
above five thousand dollars, with such additional allowance as shall be reasona- 
ble for extra services. 

Within ten days after the receipt of letters of administration, the executor 
or administrator shall give such notice of appointment as the court or clerk shall 
direct. 

Claims (other than preferred) must be filed within one year thereafter, are 
forever barred, unless the claim is pending in the District or Supreme Court, or 
unless 'peculiar circumstances entitle the claimant to equitable relief 



i 



ABSTRACT OF IOWA STATE LAWS. 277 

Claims are classed and payable in the following order : 

1. Expenses of administration, 

2. Expenses of last sickness and funeral. 

3. Allowance to widow and children, if made hy the court. 

4. Debts preferred under laws of the United States. 

5. Public rates and taxes. 

6. Claims filed within six months after the first publication of the notice 
given by the executors of their appointment. 

7. All other debts. 

8. Legacies. 

The awards or property which must be set apart to the widow, in her own 
right, by the executor, includes all personal property which, in the hands of th«» 
deceased, as head of a family, would have been exempt from execution. 



TAXES. 

The owners of personal property, on the first day of January of each year, 
and the owners of real property on the first day of November of each year, are 
liable for the taxes thereon. 

The following property is exempt from taxation, viz. ; 

1. The property of the United States and of this State, including univer- 
sity, agricultural, college and school lands and all property leased to the State ; 
property of a county, township, city, incorporated town or school district when 
devoted entirely to the public use and not held for pecuniary profit ; public 
grounds, including all places for the burial of the dead ; fire engines and all 
implements for extinguishing fires, with the grounds used exclusively for their 
buildings and for the meetings of the fire companies ; all public libraries, 
grounds and buildings of literary, scientific, benevolent, agricultural and reli- 
gious institutions, and societies devoted solely to the appropriate objects of these 
institutions, not exceeding 640 acres in extent, and not leased or otherwise used 
with a view of pecuniary profit ; and all property leased to agricultural, charit- 
able institutions and benevolent societies, and so devoted during the term of such 
lease ; provided, that all deeds, by which such property is held, shall be duly 
filed for record before the property therein described shall be omitted from the 
assessment. 

2. The books, papers and apparatus belonging to the above institutions ; 
used solely for the purposes above contemplated, and the like property of stu- 
dents in any such institution, used for their education. 

3. Money and credits belonging exclusively to such institutions and devoted 
solely to sustaining them, but not exceeding in amount or income the sum pre- 
scribed by their charter. 

4. Animals not hereafter specified, the wool shorn from sheep, belonging to 
the person giving the list, his fiirm produce harvested within one year previous 
to the listing ; private libraries not exceeding three hundred dollars in value ; 
family pictures, kitchen furniture, beds and bedding requisite for each family, 
all wearing apparel in actual use, and all food provided for the fomily ; but no 
person from whom a compensation for board or lodging is received or expected, 
is to be considered a member of the family within the intent of this clause. 

5. The polls or estates or both of persons who, by reason of age or infirm- 
ity, may, in the opinion of the Assessor, be unable to contribute to the public 



278 ABSTRACT OF IOWA STATE LAWS. 

revenue ; such opinion and the fact upon which it is based being in all cases 
reported to the Board of Equalization by the Assessor or any other person, and 
subject to reversal by them. 

6. The farming utensils of any person who makes his livelihood by farming, 
and the tools of any mechanic, not in either case to exceed three hundred dollars 
in value. 

7. Government lands entered or located or lands purchased from this State, 
should not be taxed for the year in which the entry, location or purchase is 
made. 

There is also a suitable exemption, in amount, for planting fruit trees or 
forest trees or hedges. 

Where buildings are destroyed by fire, tornado or other unavoidable casu- 
alty, after being assessed for the year, the Board of Supervisors may rebate 
taxes for that year on the property destroyed, if same has not been sold for 
taxes, and if said taxes have 7iot been delinquent for thirty days at the time of 
destruction of the property, and the rebate shall be allowed for such loss only 
as is not covered by insurance. 

All other property is subject to taxation. Every inhabitant of full age and 
sound mind shall assist the Assessor in listing all taxable property of which 
he is the owner, or which he controls or manages, either as agent, guardian, 
father, husband, trustee, executor, accounting officer, partner, mortgagor or 
lessor, mortgagee or lessee. 

Road beds of railway corporations shall not be assessed to owners of adja- 
cent property, but shall be considered the property of the companies for pur- 
poses of taxation ; nor shall real estate used as a public highway be assessed 
and taxed as part of adjacent lands whence the same was taken for such public 
purpose. 

The property of railway, telegraph and express companies shall be listed 
and assessed for taxation as the property of an individual would be listed and 
assessed for taxation. Collection of taxes made as in the case of an individual. 

The Township Board of Equalization shall meet first Monday in April of 
each year. Appeal lies to the Circuit Court. 

The County Board of Eqalization (the Board of Supervisors) meet at their 
regular session in June of each year. Appeal lies to the Circuit Court. 

Taxes become delinquent February 1st of each year, payable, without 
interest or penalty, at any time before March 1st of each year. 

Tax sale is held on first Monday in October of each year. 

Redemption may be made at any time within three years after date of sale, 
by paying to the County Auditor the amount of sale, and twenty per centum of 
such amount immediately added as 'penalty, with ten per cent, interest fer 
annum on the whole amount thus made from the day of sale, and also all sub- 
sequent taxes, interest and costs paid by purchaser after March 1st of each 
year, and a similar penalty of twenty per centum added as before, with ten per 
cent, interest as before. 

If notice has been given, by purchaser, of the date at which the redemption 
is limited, the cost of same is added to the redemption money. Ninety days' 
notice is required, by the statute, to be published by the purchaser or holder of 
certificate, to terminate the right of redemption. 




V. R. VoRis 

VINTON. 



ABSTRACT OF IOWA STATE LAWS 281 

JURISDICTION OF COURTS 

DISTRICT COURTS 

have jurisdiction, general and original, both civil and criminal, except in such 
cases where Circuit Courts have exclusive jurisdiction. Disti'ict Courts have 
exclusive supervision over courts of Justices of the Peace and Magistrates, in 
criminal matters, on appeal and Avrits of error. 

CIRCUIT COURTS 

have jurisdiction, general and original, with the District Courts, in all civil 
actions and special proceedings, and exclusive jurisdiction in all appeals and 
writs of error from inferior courts, in civil matters. And exclusive jurisdiction 
in matters of estates and general probate business. 

JUSTICES OF THE PEACE 

have jurisdiction in civil matters where $100 or less is involved. By consent 
of parties, the jurisdiction may be extended to an amount not exceeding $300. 
They have jurisdiction to try and determine all public offense less than felony, 
committed within their respective counties, in which the fine, by law, does not 
exceed -^76^6^ or the imprisonment thirty days. 

LIMITATION OF ACTIONS. 

Action for injuries to the person or reputation; for a stutute penalty; and 
to enforce a mechanics' lien, must be brought in two (2) years. 

Those against a public officer within three (3) years. 

Those founded on unwritten contracts; for injuries to property ; for relief 
on the ground of fraud ; and all other actions not otherwise provided for, within 
five (5) years. 

Those founded on written contracts; on judgments of any court (except 
those provided for in next section), and for the recovery of real property, within 
ten (10) years. 

Those founded on judgment of any court of record in the United States, 
within twenty (20) years. 

All above limits, except those for penalties and forfeitures, are extended in 
favor of minors and insane persons, until one year after the disability is removed 
— time during which defendant is a non-resident of the State shall not be 
included in computing any of the above periods. 

Actions for the recovery of real property, sold for non-payment of taxes, 
must be brought within five years after the Treasurer's Deed is executed 
and recorded, except where a minor or convict or insane person is the owner, 
and they shall be allowed five years after disability is removed, in which to 



bring action 



JURORS. 



All qualified electors of the State, of good moral character, sound judgment, 
and in full possession of the senses of hearing and seeing, are competent jurors 
in their respective counties. 

United States officers, practicing attorneys, physicians and clergymen, 
acting professors or teachers in institutions of learning, and persons disabled by 



282 ABSTRACT OF IOWA STATE LAWS. 

bodily infirmity or over sixty-five years of age, are exempt from liability to act 
as jurors. 

Any person may be excused from serving on a jury when his own interests 
or the public's will be materially injured by his attendance, or when the state of 
his health or the death, or sickness of his family requires his absence. 

CAPITAL PUNISHMENT 

was restored by the Seventeenth General Assembly, making it optional with 
the jury to inflict it or not. 

A MARRIED WOMAN 

may convey or incumber real estate, or interest therein, belonging to her ; may 
control the same or contract with reference thereto, as other persons may con- 
vey, encumber, control or contract. 

She may own, acquire, hold, convey and devise property, as her husband 
may. 

Her husband is not liable for civil injuries committed by her. 

She may convey property to her husband, and he may convey to her. 

She may constitute her husband her attorney in fact. 

EXEMPTIONS FROM EXECUTION. 

A resident of the State and head of a family may hold the following prop- 
erty exempt from execution : All wearing apparel of himself and family kept for 
actual use and suitable to the condition, and the trunks or other receptacles nec- 
essary to contain the same ; one musket or rifle and shot-gun ; all private 
libraries, family Bibles, portraits, pictures, musical instruments, and paintings 
not kept for the purpose of sale ; a seat or pew occupied by the debtor or his 
family in any house of public worship ; an interest in a public or private burying 
ground not exceeding one acre ; two cows and a calf; one horse, unless a horse 
is exempt as hereinafter provided ; fifty sheep and the wool therefrom, and the 
materials manufactured from said wool ; six stands of bees ; five hogs and all 
pigs under six months ; the necessary food for exempted animals for six months ; 
all flax raised from one acre of ground, and manufactures therefrom ; one bed- 
stead and necessary bedding for every two in the family : all cloth manufactured 
by the defendant not exceeding one hundred yards ; household and kitchen fur- 
niture not exceeding two hundred dollars in value ; all spinning wheels and 
looms ; one sewing machine and other instruments of domestic laber kept for 
actual use ; the necessary provisions and fuel for the use of the family for six 
months ; the proper tools, instruments, or books of the debtor, if a farmer, 
mechanic, surveyor, clergyman, lawyer, physician, teacher or professor ; the 
horse or the team, consisting of not more than two horses or mules, or two yokes 
of cattle, and the wagon or other vehicle, with the proper harness or tackle, by 
the use of which the debtor, if a physician, public officer, farmer, teamster or 
other laborer, habitually earns his living ; and to the debtor, if a printer, taere 
shall also be exempt a printing press and the types, furniture and material nec- 
essary for the use of such printing press, and a newspaper office to the value of 
twelve hundred dollars ; the earnings of such debtor, or those of his family, at 
any time within ninety days next preceding the levy. 

Persons unmarried and not the head of a family, and non-residents, have 
exempt their own ordinary wearing apparel and trunks to contain the same. 






ABSTRACT OF IOWA STATE LAWS. 283 

There is also exempt, to a head of a family, a homestead, not exceeding forty 
acres ; or, if inside city limits, one-half acre with improvements, value not 
limited. The homestead is liable for all debts contracted prior to its acquisition as 
such, and is subject to mechanics' liens for work or material furnished for the same. 

An article, otherwise exempt, is liable, on execution, for the purchase 
money thereof. 

Where a debtor, if a head of a family, has started to leave the State, he shall 
have exempt only the ordinary wearing apparel of himself and family, and 
other property in addition, as he may select, in all not exceeding seventy-five 
dollars in value. 

A policy of life insurance shall inure to the separate use of the husband or 
wife and children, entirely independent of his or her creditors. 

ESTRAYS. 

An unbroken animal shall not be taken up as an estray between May 1st 
and November 1st, of each year, unless the same be found within the lawful 
enclosure of a householder, who alone can take up such animal, unless some 
other person gives him notice of the fact of such animal copiing on his place ; 
and if he fails, within five days thereafter, to take up such estray, any other 
householder of the township may take up such estray and proceed with it as if 
taken on his own premises, provided he shall prove to the Justice of the Peace 
such notice, and shall make affidavit where such estray was taken up. 

Any swine, sheep, goat, horse, neat cattle or other animal distrained (for 
damage done to one's enclosure), when the owner is not known, shall be treated 
as an estray. 

Within five days after taking up an estray, notice, containing a full descrip- 
tion thereof, shall be posted up in three of the most public places in the town- 
ship ; and in ten days, the person taking up such estray shall go before a Justice 
of the Peace in the township and make oath as to Avhere such estray was taken 
up, and that the marks or brands have not been altered, to his knowledge. The 
estray shall then be appraised, by order of the Justice, and the appraisement, 
description of the size, age, color, sex, marks and brands of the estray shall be 
entered by the Justice in a book kept for that purpose, and he shall, a\ ithin ten 
days thereafter, send a certified copy thereof to the County Auditor. 

When the appraised value of an estray does not exceed five dollars, the 
Justice need not proceed further than to enter the description of the estray on 
his book, and if no owner appears within six months, the property shall vest in 
the finder, if he has complied with the law and paid all costs. 

Where appraised value of estray exceeds five and is less than ten dollars, if 
no owner appears in nine months, the finder has the property, if he has com- 
plied with the law and paid costs. 

An estray, legally taken up, may be used or worked with care and 
moderation. 

If any person unlawfully take up an estray, or take up an estray and fail to 
comply with the law regarding estrays. or use or work it contrary to above, or 
work it before having it appraised, or keep such estray out of the county more 
than five days at one time, before acquiring ownership, such offender shall forfeit 
to the county twenty dollars, and the owner may recover double damages with 
costs. 

If the owner of any estray fail to claim and prove his title for one year after 
the taking up, and the finder shall have complied with the law, a comolete title 
vests in the finder. 



284 ABSTRACT OF IOWA STATE LAWS. 

But if the owner appear within eighteen months from the taking up, prove 
his ownership and pay all costs and expenses, the finder shall pay him the 
appraised value of such estray, or may, at his option, deliver up the estray. 

WOLF SCALPS. 
A bounty of one dollar is paid for wolf scalps. 

MARKS AND BRANDS. 

Any person may. adopt his own mark or brand for his domestic animals, and 
have a description thereof recorded by the Township Clerk. 

No person shall adopt the recorded mark or brand of any other person 
residing in his township. 

DAMAGES FROM TRESPASS. 

When any person's lands are enclosed by a lawful fence, the owner of any 
domestic animal injuring said lands is liable for the damages, and the damages 
may be recovered by suit against the owner, or may be made by distraining the 
animals doing the damage ; and if the party injured elects to recover by action 
against the owner, no appraisement need be made by the Trustees, as in £ase of 
distraint. 

When trespassing animals are distrained within twenty-four hours, Sunday 
not included, the party injured shall notify the owner of said animals, if known ; . 
and if the owner fails to satisfy the party within twenty-four hours thereafter, 
the party shall have the township Trustees assess the damage, and notice shall 
be posted up in three conspicuous places in the township, that the stock, or part 
thereof, shall, on the tenth day after posting the notice, between the hours of 1 
and 3 P. M., be sold to the highest bidder, to satisfy said damages, with costs. 

Appeal lies, Avithin twenty days, from the action of the Trustees to the Cir- 
cuit Court. 

Where stock is restrained, by police regulation or by law, from running at 
large, any person injured in his improved or cultivated lands by any domestic 
animal, may, by action against the owner of such animal, or by distraining such 
animal, recover his damages, whether the lands whereon the injury was done 
were inclosed by a lawful fence or not. 

FENCES. 

A lawful fence is fifty-four inches high, made of rails, wire or boards, with 
posts not more than ten feet apart where rails are used, and eight feet where 
boards are used, substantially built and kept in good repair ; or any other fence 
which, in the opinion of the Fence Viewers, shall be declared a laAvful fence — 
provided the lower rail, wire or board be not more that twenty nor less than six- 
teen inches from the ground. 

The respective owners of lands enclosed with fences shall maintain partition 
fences between their own and next adjoining enclosure so long as they improve 
them in equal shares, unless otherwise agreed between them. 

If any party neglect to maintain such partition fence as he should maintain, 
the Fence Viewers (the township Trustees), upon complaint of aggrieved party, 
may, upon due notice to both parties, examine the fence, and, if found insuf- 



ABSTRACT OF IOWA STATE LAWS. 285 

ficient, notify the delinquent party, in ivriting, to repair or re-build the same 
within such time as they judge reasonable. 

If the fence be not repaired or rebuilt accordingly, the complainant may do 
so, and the same being adjudged sufficient by the Fence Viewers, and the 
value thereof, with their fees, being ascertained and certified under their hands, 
the complainant may demand of the delinquent the sum so ascertained, and if 
the same be not paid in one month after demand, may recover it with one per 
cent a month interest, by action. 

In case of disputes, the Fence Viewers may decide as to who shall erect or 
maintain partition fences, and in what time the same shall be done ; and in case 
any party neglect to maintain or erect such part as may be assigned to him, 
the aggrieved party may erect and maintain the same, and recover double 
damages. 

No person, not wishing his land inclosed, and not using it otherwise than in 
common, shall be compelled to maintain any partition fence ; but when he uses 
or incloses his land otherwise than in common, he shall contribute to the parti- 
tion fences. 

Where parties have had their lands inclosed in common, and one of the 
owners desires to occupy his separate and apart from the other, and the other 
refuses to divide the line or build a sufficient fence on the line when divided, 
the Fence Viewers may divide and assign, and upon neglect of the other to 
build as ordered by the Viewers, the one may build the other's part and 
recover as above. 

And when one incloses land which has lain uninclosed, he must pay for 
one-half of each partition fence between himself and his neighbors. 

Where one desires to lay not less than twenty feet of his lands, adjoining 
his neighbor, out to the public to be used in common, he must give his neighbor 
SIX months' notice thereof. 

Where a fence has been built on the land of another through mistake, the 
owner may enter upon such premises and remove his fence and material withn 
six months after the division line has been ascertained. Where the material to 
build such a fence has been taken from the land on which it was built, then, 
before it can be removed, the person claiming must first pay for such material 
to the owner of the land from which it was taken, nor shall such a fence be 
removed at a time when the removal will throw open or expose the crops of the 
other party; a reasonable time must be given beyond the six months to remove 
crops. 

MECHANICS' LIENS. 

Every mechanic, or other person who shall do any labor upon, or furnish 
any materials, machinery or fixtures for any building, erection or other improve- 
ment upon land, including those engaged in the construction or repair of any 
work of internal improvement, by virtue of any contract with the owner, his 
agent, trustee, contractor, or sub-contractor, shall have a lien, on complying 
with the forms of law, upon the building or other improvement for his labor 
done or materials furnished. 

It would take too large a space to detail the manner in which a sub- 
contractor secures his lien. He should file, within thirty days after the last of 
the labor Avas performed, or the last of the material shall have been furnished, 
with the Clerk of the District Court a true account of the amount due hini. after 
allowinii all credits, setting forth the time when such material was furnished or 
labor performed, and when completed, and containing a correct description of 



286 ABSTRACT OF IOWA STATE LAWS. 

the property sought to be charged with the lien, and the whole verified by 
affidavit. 

A principal contractor must file such an affidavit within ninety days, as 
above. 

Ordinarily, there are so many points to be examined in order to secure a 
mechanics' lien, that it is much better, unless one is accustomed to managing 
such liens, to consult at once with an attorney. 

Remember that the proper time to file the claim is ninety days for a princi- 
pal contractor, thirty days fi^r a sub-contractor, as above ; and that actions to 
enforce these liens must be commenced within two years, and the rest can much 
better be done with an attorney. 

ROADS AND BRIDGES. 

Persons meeting each other on the public highways, shall give one half of 
the same by turning to the right. All persons failing to observe this rule shall 
be liable to pay all damages resulting therefrom, together with a fine, not exceed- 
ing five dollars. 

The prosecution must be instituted on the complaint of the person wronged. 

Any person guilty of racing horses, or driving upon the public highway, in 
a manner likely to endanger the persons or the lives of others, shall, on convic- 
tion, be fined not exceeding one hundred dollars or imprisoned not exceeding 
thirty days. 

It is a misdemeanor, without authority from the proper Road Supervisor, to 
break upon, plow or dig within the boundary lines of any public highway. 

The money tax levied upon the property in each road district in each town- 
ship (except the general Township Fund, set apart for purchasing tools, machin- 
ery and guide boards), whether collected by the Road Supervisor or County 
Treasurer, shall be expended for highway purposes in that district, and no part 
thereof shall be paid out or expended for the benefit of another district. 

The Road Supervisor of each district, is bound to keep the roads and bridges 
therein, in as good condition as the funds at his disposal will permit ; to put 
guide boards at cross roads and forks of highways in his district; and when noti- 
fied in Avriting that any portion of the public highway, or any bridge is unsafe, 
must in a reasonable time repair the same, and for this purpose may call out 
any or all the able bodied men in the district, but not more than two days at 
one time, without their consent. 

Also, when notified in writing, of the growth of any Canada thistles upon 
vacant or non-resident lands or lots, within his district, the owner, lessee or 
agent thereof being unknown, shall cause the same to be destroyed. 

Bridges when erected or maintained by the public, are parts of the highway, 
and must not be less than sixteen feet wide. 

A penalty is imposed upon any one who rides or drives faster than a walk 
across any such bridge. 

The manner of establishing, vacating or altering roads, etc., is so well known 
to all township officers, that it is sufficient here to say that the first step is by 
petition, filed in the Auditor's office, addressed in substance as follows : 

The Board of Supervisors of County : The undersigned asks that 

a highway, commencing at and running thence and terminating 

at , be established, vacated or altered (as the case may be.) 

When the petition is filed, all necessary and succeeding steps will be shown 
and explained to the petitioners by the Auditor. 



ABSTRACT OF IOWA STATE LAWS. 287 



ADOPTION OF CHILDREN. 



Any person competent to make a will can adopt as his own the minor child 
of another. The consent of both parents, if living and not divorced or separ- 
ated, and if divorced or separated, or if unmarried, the consent of the parent 
lawfully having the custody of the child ; or if either parent is dead, then the 
consent of the survivor, or if both parents be dead, or the child have been and 
remain abandoned by them, then the consent of the Mayor of the city where 
the child is living, or if not in the city, then of the Clerk of the Circuit Court 
of the county shall be given to such adoption by an instrument in writing, 
signed by party or parties consenting, and stating the names of the parties, if 
known, the name of the child, if known, the name of the person adopting such 
child, and the residence of all, if known, and declaring the name by which the 
child is thereafter to be called and known, and stating, also, that such child is 
given to the person adopting, for the purpose of adoption as his own child. 

The person adopting shall also sign said instrument, and all the parties shall 
acknowledge the same in the manner that deeds conveying lands shall be 
acknowledged. 

The instrument shall be recorded in the office of the County Recorder. 

SURVEYORS AND SURVEYS. 

There is in every county elected a Surveyor known as County Surveyor, 
who has power to appoint deputies, for whose official acts he is responsible. It 
is the duty of the County Surveyor, either by himself or his Duputy, to make 
all surveys that he may be called upon to make within his county as soon as 
may be after application ia made. The necessary chainmen and other assist- 
ance must be employed by the person requiring the same to be done, and to be 
by him paid, unless otherwise agreed ; but the chainmen must be disinterested 
persons and approved by the Surveyor and sworn by him to measure justly and 
impartially. Previous to any survey, he shall furnish himself with a copy of 
the field notes of the original survey of the same land, if there be any in the 
office of the County Auditor, and his survey shall be made in accordance there- 
with. 

Their fees are three dollars per day. For certified copies of field notes, 
twenty-five cents. 

SUPPORT OF POOR. 

Tlie father, mother and children of any poor person who has applied for aid, 
and who is unable to maintain himself by work, shall, jointly or severally, 
maintain such poor person in such manner as may be approved by the Town- 
ship Trustees. 

In the absence or inability of nearer relatives, the same liability shall extend 
to the grandparents, if of ability without personal labor, and to the male grand- 
children who are of ability, by personal labor or otherwise. 

The Township Trustees may, upon the failure of such relatives to maintain 
a poor person, who has made application for relief, apply to the Circuit Court 
for an order to compel the same. 

Upon ten days' notice, in writing, to the parties sought to be charged, a 
hearing may be had, and an order made for entire or partial support of the poor 
person. 



288 ABSTRACT OF IOWA STATE LAWS. 

Appeal may be taken from such judgment as from other judgments of the 
Circuit Court. 

When any person, having any estate, abandons either children, wife or hus- 
band, leaving them chargeable, or likely to become chargeable, upon the public for 
support, upon proof of above fact, an order may be had from the Clerk of the 
Circuit Court, or Judge, authorizing tlie Trustees or the Sheriff to take into 
possession such estate. 

The Court may direct such personal estate to be sold, to be applied, as well 
as the rents and profits of the real estate, if any, to the support of children, 
wife or husband. 

If the party against whom the order is issued return and support the per- 
son abandoned, or give security for the same, the order shall be discharged, and 
the property taken returned. 

The mode of relief for the poor, through the action of the Township 
Trustees, or the action of the Board of Supervisors, is so well known to every 
township officer, and the circumstances attending applications for relief are so 
varied, that it need now only be said that it is the duty of each county to pro- 
vide for its poor, no matter at what place they may be. 



LANDLORD AND TENANT. 

A tenant giving notice to quit demised premises at a time named, and after- 
ward holding over, and a tenant or his assignee willfully holding over the prem- 
ises after the term, and after notice to quit, shall pay double rent. 

Any person in possession of real property, with the assent of the owner, is 
presumed to be a tenant at will until the contrary is shown. 

Thirty days' notice, in writing, is necessary to be given by either party 
before he can terminate a tenancy at will ; but when, in any case, a rent is 
reserved payable at intervals of less than thirty days, the length of notice need 
not be greater than such interval between the days of payment. In case of 
tenants occupying and cultivating farms, the notice must fix the termination of 
the tenancy to take place on the 1st day of March, except in cases of field 
tenants or croppers, whose leases shall be held to expire when the crop is har- 
vested ; provided, that in case of a crop of corn, it shall not be later than the 
1st day of December, unless otherwise agreed upon. But when an express 
agreement is made, whether the same has been reduced to writing or not, 
the tenancy shall cease at the time agreed upon, without notice. 

But where an express agreement is made, whether reduced to writing or 
not, the tenancy shall cease at the time agreed upon, without notice. 

If such tenant cannot be found in the county, the notices above required 
may be given to any sub-tenant or other person in possession of the premises ; 
or, if the premises be vacant, by affixing the notice to the principal door of the 
building or in some conspicuous position on the land, if there be no building. 

The landlord shall have a lien for his rent upon all the crops grown on the 
premises, and upon any other personal property of the tenant used on the 
premises during the term, and not exempt from execution, for the period of one 
year after a year's rent or the rent of a shorter period claimed falls due ; but 
such lien shall not continue more than six months after the expiration of the 
term. 

The lien may be effected by the commencement of an action, within the 
period above prescribed, for the rent alone ; and the landlord is entitled to a writ 



ABSTRACT OF IOWA STATE LAWS. 



28» 



of attachment, upon filing an affidavit that the action is commenced to rcover 
rent accrued within one year previous thereto upon the premises described in the 
affidavit. 



WEIGHTS AND MEASURES. 

Whenever any of the following articles shall be contracted for, or sold or 
delivered, and no special contract or agreement shall be made to the contrary, 
the weight per bushel shall be as follows, to-wit: 



Apples, Peaches or Quinces, 48 

Cherries, Grapes, Currants or Crooseberries, 40 
Strawberries, Raspberries or Blackberries, 32 

Osage Orange Seed 32 

Millet Seed 45 

Stone Coal 80 

Lime 80 

Corn in the ear 70 

Wheat 60 

Potatoes 60 

Beans 60 

Clover Seed 60 

Onions 57 

Shelled Corn 56 

Rye 56 

Flax Seed 56 

Sweet Potatoes i 46 



Sand 130 

Sorghum Seed 30 

Broom Corn Seed 30 

Buckwheat 52 

Salt 50 

Barley 48 

Corn Meal 48 

Castor Beans 46 

Timothy Seed 45 

Hemp Seed 44 

Dried Peaches 33 

Oats 33 

Dried Apples 24 

Bran 20 

Blue Grass Seed 14 

Hungarian Grass Seed 45 



Penalty for giving less than the above standard is treble damages and costs 
and five dollars addition thereto as a fine. 



DEFINITION OF COMMERCIAL TERMS. 

$ means dollars, being a contraction of U. S., which was formerly placed 

before any denomination of money, and meant, as it means now, United States 
Currency. 

£ means pounds, English money. 

@ stands for at or to ; ft) for pounds, and bbl. for barrels ; ^ for per or 5y 
the. Thus, Butter sells at 20(« 30c ^ ft), and Flour at $8(«$12 f bbl. 
fo for /)er cent., and ^ for number. ' 

May 1. Wheat sells at $1.20@$1. 25, " seller June." Seller June means 
that the person who sells the wheat has the privilege of delivering it at any 
time during the month of June. 

Selling short, is contracting to deliver a certain amount of grain or stock, 
at a fixed price, within a certain length of time, when the seller has not the 
stock on hand. It is for the interest of the person selling "short" to depress 
the market as much as possible, in order that he may buy and fill his contract 
at a profit. Hence the "shorts" are termed "bears." 

Buying long, is to contract to purchase a certain amount of grain or shares 
of stock at a fixed price, deliverable within a stipulated time, expecting to make 
a profit by the rise in prices. The "longs" are termed "bulls," as it is for 
their interest to "operate" so as to "toss" the prices upward as much as 
possible. 



290 ABSTRACT OF IOWA STATE LAWS. 

NOTES. 

Form of note is legal, worded in the simplest way, so that the amount and 
•«e.jne of payment are mentioned : 

|100. Chicago, 111., Sept. 15, 1876. 

Sixty days from date I promise to pay to E. F. Brown or order, one hun- 
dred dollars, for value received. L. D. LowRY. 

A note to be payable in anything else than money needs only the facts sub- 
stituted for money in the above form. 

ORDERS. 

Orders should be worded simply, thus : 
Mr. F. H. Coats : Chicago, Sept. 15, 1876. 

Please pay to H. Birdsall twenty-five dollars, and charge to 

F. D. SiLVA. 

RECEIPTS. 

Receipts should always state when received and what for, thus : 

Chicago, Sept. 15, 1876. 



Received of J. W. Davis, one hundred dollars, for services 
rendered in grading his lot in Fort Madison, on account. 

Thomas Brady. 
If receipt is in full, it should be so stated. 

BILLS OF PURCHASE. 

W. K Mason, Salem, Illinois, Sept. 18, 1876. 

Bought of A, A. Graham. 

4 Bushels of Seed Wheat, at $1.50 $6 00 

2 Seamless Sacks " 30 60 



Received payment, $6 60 

A. A. Graham. 



CONFESSION OF JUDGMENT. 



-, Iowa, , 18 — . 



after date — promises to pay to the order of , dollars, 

at , for value received, with interest at ten per cent, per annum after 

until paid. Interest payable , and on interest not paid when due, 

interest at same rate and conditions. 

A failure to pay said interest, or any part thereof, within 20 days after due, shall cause the 
whole note to become due and collectable at once. 

If this note is sued, or judgment is confessed hereon, $ shall be allowed as attorney fees. 

No. — . P. 0. , . 

CONFESSION OF .JUDGMENT. 

— VS. — . In Court of County, Iowa, , of 

County, Iowa, do hereby confess that justly indebted to , in the 



ABSTRACT OF IOWA STATE LAWS. 291 

sum of dollars, and the further sum of ^ as attorney fees, with 

interest thereon at ten per cent, from , and — hereby confess judgment 

against as defendant in favor of said , for said sum of $ , 

and $ as attorney fees, hereby authorizing the Clerk of the Court of 

said county to enter up judgment for said sum against with costs, and 

interest at 10 per cent, from , the interest to be paid . 

Said debt and judgment being for . 

It is especially agreed, however, That if this judgment is paid Avithin twenty 

days after due, no attorney fees need be paid. And hereby sell, convey 

and release all right of homestead we now occupy in favor of said so 

far as this judgment is concerned, and agree that it shall be liable on execution 
for this judgment. 

Dated , 18 — . " . 



The State of Iowa, \ 

County. j 

being duly sworn according to law, depose and say that the forego- 
ing statement and Confession of Judgment was read over to , and that — 

understood the contents thereof, and that the statements contained therein are 

true, and that the sums therein mentioned ai-e justly to become due said 

as aforesaid. 



Sworn to and subscribed before me and in my presence by the said 



this day of , 18 — . , Notary Public. 



ARTICLES OF AGREEMENT. 

An agreement is where one party promises to another to do a certain thing 
in a certain time for a stipulated sum. Good business men always reduce an 
agreement to Avriting, which nearly always saves misunderstandings and trouble. 
No particular form is necessary, but the facts must be clearly and explicitly 
stated, and there must, to make it valid, be a reasonable consideration. 

GENERAL FORM OF AGREEMENT. 

This Agreement, made the Second day of June, 1878, between John 
Jones, of Keokuk, County of Lee, State of Iowa, of the first part, and Thomas 
Whiteside, of the same place, of the second part — 

WITNESSETH, that the said John Jones, in consideration of the agreement 
of the party of the second part, hereinafter contained, contracts and agrees to 
and with the said Thomas Whiteside, that he will deliver in good and market- 
able condition, at the Village of Melrose, Iowa, during the month of November, 
of this year. One Hundred Tons of Prairie Hay, in the following lots, and at 
the following specified times ; namely, twenty-five tons by the seventh of Nov- 
ember, twenty-five tons additional by the fourteenth of the month, twenty-five 
tons more by the twenty-first, and the entire one hundred tons to be all delivered 
by the thirtieth of November. 

And the said Thomas Whiteside, in consideration of the prompt fulfillment 
of this contract, on the part of the party of the first part, contracts to and agrees 
with the said John Jones, to pay for said hay five dollars per ton, for each ton 
as soon as delivered. 



292 ABSTRACT OF IOWA STATE LAWS. 

In case of failure of agreement by either of the parties hereto, it is hereby 
stipulated and agreed that the party so failing shall pay to the other, One Hun- 
dred dollars, as fixed and settled damages. 

In witness whereof, we have hereunto set our hands the day and year first 
above written. John Jones, 

Thomas Whiteside. 

agreement with clerk for services. 

This Agreement, made the first day of May, one thousand eight hundred 
and seventy-eight, between Reuben Stone, of Dubuque, County of Dubuque, 
State of Iowa, party of the first part, and George Barclay, of McGregor, 
County of Clayton, State of Iowa, party of the second part — 

WITNESSETH, that Said George Barclay agrees faithfully and diligently to 
work as clerk and salesman for the said Reuben Stone, for and during the space 
of one year from the date hereof, should both live such length of time, without 
absenting himself from his occupation ; during which time he, the said Barclay, in 
the store of said Stone, of Dubuque, will carefully and honestly attend, doing 
and performing all duties as clerk and salesman aforesaid, in accordance and in 
all respects as directed and desired by the said Stone. 

In consideration of which services, so to be rendered by the said Barclay, the 
said Stone agrees to pay to said Barclay the annual sum of one thousand dol- 
lars, payable in twelve equal monthly payments, each upon the last day of each 
month ; provided that all duos for days of absence from business by said Barclay, 
shall be deducted from the sum otherwise by the agreement due and payable by 
the said Stone to the said Barclay, • 

Witness our hands. Reuben Stone. 

George Barclay. 

BILLS OF SALE. 

A bill of sale is a written agreement to another party, for a consideration to 
convey his right and interest in the personal property. The purchaser must 
take actual possession of the projjertt/, or the bill of sale must be acknowledged 
and recorded. 

COMMON FORM OF BILL OF SALE. 

Know all Men by this instrument, that I, Louis Clay, of Burlington, 
Iowa, of the first part, for and in consideration of Five Hundred and Ten 
Dollars, to me paid by John Floyd, of the same place, of the second part, the 
receipt whereof is hereby acknowledged, have sold, and by this instrument do 
convey unto the said Floyd, party of the second part, his execucors, administra- 
tors and assigns, my undivided half of ten acres of corn, now growing on the 
arm of Thomas Tyrell, in the town above mentioned ; one pair of horses, 
sixteen sheep, and five cows, belonging to me and in my possession at the farm 
aforesaid ; to have and to hold the same unto the party of the second pai-t, his 
executors and assigns forever. And I do, for myself and legal representatives, 
agree with the said party of the second part, and his legal representatives, to 
warrant and defend the sale of the afore-mentioned property and chattels unto 
the said party of the second part, and his legal representatives, against all and 
every person whatsoever. 

In witness whereof, I have hereunto affixed my hand, this tenth day of 
October, one thousand eight hundred and seventy-six. 

Louis Clay. 



ABSTRACT OF IOWA STATE LAWS. 293 

NOTICE TO QUIT. 
To John Wontpay : 

You are hereby notified to quit the possession of the premises you now 
occupy to wit : 

\_Insert Description.'] 
on or before thirty days from the date of this notice. 

Dated January 1, 1878. Landlord. 

\_Reverse for Notice to Landlord.'] 



GENERAL FORM OF WILL FOR REAL AND PERSONAL 

PROPERTY. 

I, Charles Mansfield, of the Town of Bellevue, County of Jackson, State 
of Iowa, being aware of the uncertainty of life, and in failing health, but of 
sound mind and memory, do make and declare this to be my last will and tes- 
tament, in manner following, to-wit : 

First. I give, devise and bequeath unto my eldest son, Sidney H. Mans- 
field, the sum of Two Thousand Dollars, of bank stock, now in the Third 
National Bank, of Cincinnati, Ohio, and the farm owned by myself, in the 
Township of Iowa, consisting of one hundred and sixty acres, with all the 
houses, tenements and improvements thereunto belonging; to have and to hold 
unto my said son, his heirs and assigns, forever. 

Second. I give, devise and bequeath to each of my two daughters, Anna 
Louise Mansfield and Ida Clara Mansfield, each Two Thousand Dollars in bank 
stock in the Third National Bank of Cincinnati, Ohio ; and also, each one 
quarter section of land, owned by myself, situated in theTownship of Fairfield, 
and recorded in my name in the Recorder's office, in the county where such land 
is located. The north one hundred and sixty acres of said half section is 
devised to my eldest daughter, Anna Louise. 

Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, five 
shares of railroad stock in the Baltimore k Ohio Railroad, and my one hundred 
and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan, 
with all the improvements and appurtenances thereunto belonging, which laid 
real estate is recorded in my name, in the county where situated. 

Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household 
furniture, goods, chattels and personal property, about my home, not hitherto 
disposed of, including Eight Thousand Dollars of bank stock in the Third 
National Bank of Cincinnati, Ohio, fifteen shares in the Baltimore & Ohio 
Railroad, and the free and unrestricted use, possession and benefit of the home 
farm so long as she may live, in lieu of dower, to which she is entitled by law 
— said farm being my present place of residence. 

Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income 
from rents of my store building at 145 Jackson street, Chicago, Illinois, during 
the term of his natural life. Said building and land therewith to revert to 
my said sons and daughters in equal proportion, upon the demise of my said 
father. 

Sixth. It is also my will and desire that, at the death of my wife, Victoria 
Elizabeth Mansfield, or at any time when she may arrange to relinquish her 



f 



294 ABSTRACT OF IOWA STATE LAWS. 

life interest in the above mentioned homestead, the same may revert to my 
above named children, or to the lawful heirs of each. 

And lastly. I nominate and appoint as the executors of this, my last will 
and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney 
H. Mansfield. 

I further direct that my debts and necessary funeral expenses shall be paid 
from moneys now on deposit in the Savings Bank of Bellevue, the residue of 
such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use for- 
ever. 

In witness whereof, I, Charles Mansfield, to this my last will and testament, 
have hereunto set my hand and seal, this fourth day of April, eighteen hundred 
and seventy-two. 

Charles Mansfield. 
Signed, and declared by Charles Mansfield, as and for his last will and tes- 
ment, in the presence of us, who, at his request, and in his presence, and in 
the presence of each other, have subscribed our names hereunto as witnesses 
thereof. Peter A. Schenck, Dubuque, Iowa, 

Frank E. Dent, Bellevue, Iowa. 

CODICIL. 

Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand 
eight hundred and seventy-two, make my last will and testament, I do now, by 
this writing, add this codicil to my said will, to be taken as a part thereof. 

Whereas, by the dispensation of Providence, my daughter, Anna Louise, 
has deceased, November fifth, eighteen hundred and seventy-three ; and whereas, 
a son has been born to me, which son is now christened Richard Albert Mans- 
field, I give and bequeath unto him my gold watch, and all right, interest and 
title in lands and bank stock and chattels bequeathed to my deceased daughter, 
Anna Louise, in the body of this will. 

In witness whereof, I hereunto place my hand and seal, this tenth day of 
March, eighteen hundred and seventy-five. Charles Mansfield. 

Signed, sealed, published and declared to us by the testator, Charles jNIans- 
field, as and for a codicil to be annexed to his last will and testament. And 
we, at his request, and in his presence, and in the presence of each other, have 
subscribed our names as witnesses thereto, at the date hereof. 

Frank E. Dent, Bellevue, Iowa, 
John C. Shay, Bellevue, Iowa. 



[Form No. 1.) 

SATISFACTION OF MORTGAGE. 

State of Iowa, ]^ 

County ,_ / 

I, , of the County of , State of Iowa, do hereby acknowledge 

that a certain Indenture of , bearing date the — ^ — day of , A. D. 

18 — , made and executed by and , his wife, to said on 

the following described Real Estate, in the County of , and State of 

Iowa, to-wit : (here insert description) and filed for record in the office of the 
Recorder of the County of , and State of Iowa, on the day of , 



ABSTRACT UF IOWA STATE LAWS. 295 

A. D. 18 — , at o'clock . M. ; and recorded in Book of Mortgage 

Records, on page , is redeemed, paid ofif, satisfied and discharged in full. 

. [seal.] 

State of Iowa, ] ^^ 

ss< 



:'} 



County 

Be it Remembered, That on this day of , A. D. 18 — , before 

me the undersigned, a in and for said county, personally appeared , 

to me personally known to be the identical person Avho executed the above 

(satisfaction of mortgage) as grantor, and acknowledged signature 

thereto to be voluntary act and deed. 

Witness my hand and seal, the day and year last above 

written. . 



ONE FORM OF REAL ESTATE MORTGAGE. 

Know all Men by these Presents : That , of County, and 

State of , in consideration of dollars, in hand paid by of 

County, and State of , do hereby sell and convey unto the said 

the following described premises, situated in the County , and State of 

, to wit : (here insert description,) and do hereby covenant with the 

said that lawfully seized of said premises, that they are free from 

incumbrance, that have good right and lawful authority to sell and convey 

the same ; and do hereby covenant to warrant and defend the same against 

the lawful claims of all persons whomsoever. To be void upon condition that 

the said shall pay the full amount of principal and interest at the time 

therein specified, of certain promissory note for the sum of dollars. 

One note for $ , due , 18 — , with interest annually at per cent. 

One note for $ , due , 18 — , with interest annually at per cent. 

One note for ^ , due , 18 — , with interest annually at per cent. 

One note for $ , due , 18 — , with interest annually at per cent. 

And the said Mortgagor agrees to pay all taxes that may be levied upon the 
above described premises. It is also agreed by the Mortgagor that if it becomes 
necessary to foreclose this moi'tgage, a reasonable amount shall be allowed as an 

attorney's fee for foreclosing. And the said hereby relinquishes all her 

right of dower and homestead in and to the above described premises. 
Signed to day of , A. D. 18 — . 



[Acknowledge as in Form No. 1.] 



SECOND FORM OF REAL ESTATE MORTGAGE. 

This Indenture, made and executed by and between of the 

county of and State of , part of the first part, and of the 

county of and State of p^i'ty of the second part, Witnesseth, that the 

said part of the first part, for and in consideration of the sum of dollars, 

paid by the said party of the second part, the receipt of which is hereby 
acknowledged, ha.e granted and sold, and do by these presents, grant, bargain, 
sell, convey and confirm, unto the said party of the second part, heirs and 



296 ABSTRACT OF IOWA STATE LAWS. 

assigns forever, the certain tract or parcel of real estate situated in the county 
of and State of , described as follows, to-wit : 

[Here insert description.^ 

The said part of the first part represent to and covenant with the part of 
the second part, that he have good right to sell and convey said premises, 
that they are free from encumbrance and that he will warrant and defend 
them against the lawful claims of all persons whomsoever, and do expressly 
hereby release all rights of dower in and to said premises, and relinquish and 
convey all rights of homestead therein. 

This Instrument is made, executed and delivered upon the following con- 
ditions, to-wit : 

First. Said first part agree to pay said or order 

Second. Said first part further agree as is stipulated in said note, that if 
he shall fail to pay any of said interest when due, it shall bear interest at the 
rate often per cent, per annum, from the time the same becomes due, and this 
mortgage shall stand as security for the same. 

Third. Said first part further agree that he will pay all taxes and 
assessments levied upon said real estate before the same become delinquent, and 
if not paid the holder of this mortgage may declare the whole sum of money 
herein secured due and collectable at once, or he may elect to pay such taxes or 
assessments, and be entitled to interest on the same at the rate of ten per cent, 
per annum, and this mortgage shall stand as security for the amount so paid. 
Fourth. Said first part further agree that if he fail to pay any of said 

money, either principal or interest, within days after the same becomes 

due ; or fail to conform or comply with any of the foregoing conditions or agree- 
ments, the whole sum herein secured shall become due and payable at once, and 
this mortgage may thereupon be foreclosed immediately for the whole of said 
money, interest and costs. 

Fifth. Said pai't further agree that in the event of the non-payment of either 
principal, interest or taxes when due, and upon the filing of a bill of foreclosure 
of this mortgage, an attorney's fee of dollars shall become due and pay- 
able, and shall be by the court taxed, and this mortgage shall stand as security 
therefor, and the same shall be included in the decree of foreclosure and shall 
be made by the Sheriff on general or special execution with the other money, 
interest and costs, and the contract embodied in this mortgage and the note 
described herein, shall in all respects be governed, constructed and adjudged 

by the laws of , where the same is made. The foregoing conditions 

being performed, this conveyance to be void, otherwise of full force and virtue. 



[Acknowledge as in form No. 1.] 



FORM OF LEASE. 



This Article of Agreement, Made and entered into on this day of 

A. D. 187-, by and between , of the county of , and 



State of Iowa, of the first part, and , of the county of • 

and State of Iowa, of the second part, witnesseth that the said party of the first 



ABSTRACT OF IOWA STATE LAWS. 297 

part has this day leased unto the party of the second part the following described 

premises, to wit : 

\^Here insert description, "j 

for the term of from and after the — day of , A. D. 187-, a% 

the rent of dollars, to be paid as follows, to wit : 

[Here insert Terms. '\ 

And it is further agreed that if any rent shall be due and unpaid, or if 
default be made in any of the covenants herein contained, it shall then be law- 
ful for the said party of the first part to re-enter the said premises, or to destrain 
for such rent; or he may recover possession thereof, by action of forcible entry 
and detainer, notwithstanding the provision of Section 3,612 of the Code of 
1873 ; or he may use any or all of said remedies. 

And the said party of the second part agrees to pay to the party of the first 
part the rent as above stated, except when said premises are untenantable by 
reason of fire, or from any other cause than the carelessness of the party of thQ 

second part, or persons family, or in employ, or by superior force 

and inevitable necessity. And the said party of the second part covenants 

that will use the said premises as a , and for no other purposes 

whatever ; and that especially will not use said premises, or permit the 

same to be used, for any unlawful business or purpose whatever ; that will 

not sell, assign, underlet or relinquish said premises without the written consent 

of the lessor, under penalty of a forfeiture of all rights under this lease, at 

the election of the party of the first part ; and that will use all due care 

and diligence in guarding said property, with the buildings, gates, fences, trees, 
vines, shrubbery, etc., from damage by fire, and the depredations of animals ; 

that will keep buildings, gates, fences, etc., in as good repair as they now 

are, or may at any time be placed by the lessor, damages by superior force, 
inevitable necessity, or fire from any other cause than from the carelessness of 

the lessee, or persons of family, or in employ, excepted ; and that 

at the expiration of this lease, or upon a breach by said lessee of any of the said 

covenants herein contained, will, without further notice of any kind, quit 

and surrender the possession and occupancy of said premises in as good condi- 
tion as reasonable use, natural wear and decay thereof will permit, damages by 
fire as aforesaid, superior force, or inevitable necessity, only excepted. 

In witness whereof, the said parties have subscribed their names on the date 
first above written. 

In presence of 



FORM OF NOTE. 

$ , 18—. 

On or before the — day of , 18 — , for value received, I promise to 

pay or order, dollars, with interest from date until paid, 

at ten per cent, per annum, payable annually, at . Unpaid interest 

shall bear interest at ten per cent, per annum. On failure to pay interest 

within days after due, the whole sum, principal and interest, shall become 

due at once. 



298 ABSTRACT OF IOWA STATE LAWS. 



CHATTEL MORTGAGE. 

Know all Men by these Presents : That of County, and 

State of in consideration of dollars, m hand paid by , of 

County and State of do hereby sell and convey unto the said the 

following described personal property, now in the possession of in the 

county and State of , to wit : 

\_Here insert Description.^ 

And do hereby warrant the title of said property, and that it is free from 

any incumbrance or lien. The only right or interest retained by grantor in 
and to said property being the right of redemption as herein provided. This 
conveyance to be void upon condition that the said grantor shall pay to said 
grantee, or his assigns, the full amount of principal and interest at the time 

therein specified, of certain promissory notes of even date hercAvith, for 

the sum of dollars, 

One note for $ , due , 18 — , with interest annually at per cent. 

One note for $ , due , 18 — , with interest annually at per cent. 

One note for $ , due , 18 — , with interest annually at per cent. 

One note for $ , due , 18 — , with interest annually at per cent. 

The grantor to pay all taxes on said property, and if at any time any part 
or portion of said notes should be due and unpaid, said grantee may proceed by 
sale or foreclosure to collect and pay himself the unpaid balance of said notes, 
whether due or not, the grantor to pay all necessary expense of such foreclosure, 

including $ Attorney's fees, and whatever remains after paying off said 

notes and expenses, to be paid over to said grantor. 

Signed the day of , 18 — . . 

[Acknowledged as in form No. 1.] . 



WARRANTY DEED. 

Know all Men by these Presents : That of County and 

State of , in consideration of the sum of Dollars, in hand paid by 

of , County and State of , do hereby sell and convey unto 

the said and to heirs and assigns, the following described premises, 

situated in the County of , State of Iowa, to-wit : 

[Here insert description. '\ 

And I do hereby covenant wdth the said that — lawfully seized in fee 

simple, of said premises, that they are free from incumbrance ; that — ha good 
right and lawful authority to sell the same, and — do hereby covenant to war- 
rant and defend the said premises and appurtenances thereto belonging, against 
the lawful claims of all persons whomsoever ; and the said hereby re- 
linquishes all her right of dower and of homestead in and to the above described 
premises. 

Signed the day of , A. D. 18 — . 

IN presence of 



[Acknowledged as in Form No. 1.] 



ABSTRACT OF IOWA STATE LAWS. 299 



QUIT-CLAIM DEED. 

Know all Men by these Presents : That , of County, 

State of , in consideration of the sum of dollars, to — in hand 

paid by , of County, State of , the receipt whereof — do 

hereby acknowledge,have bargained, sold and ([uit-claimed, and by these presents 

do bargain, sell and quit-claim unto the said and to — heirs and assigns 

forever, all — right, title, interest, estate, claim and demand, both at law and 
in equity, and as well in possession as in expectancy, of, in and to the following 
described premises, to wit : [here insert description] with all and singular the 
hereditaments and appurtenances thereto belonging. 

Signed this day of , A. D. 18 — . 

Signed in Presence of 



[Acknowledged as in form No. 1.] 



BOND FOR DEED. 

Know all Men by these Presents: That of County, 

and State of am held and firmly bound unto of County, and 

State of , in the sum of Dollars, to be paid to the said , his 

executors or assigns, for which payment well and truly to be made, I bind myself 
firmly by these presents. Signed the day of A. D. 18 — . 

The condition of this obligation is such, that if the said obligee shall pay to 
said obligor, or his assigns, the full amount of principal and interest at the time 
therein specified, of — certain promissory note of even date herewith, for the 
sum of Dollars, 

One note for $ , due , 18 — , with interest annually at — per cent. 

One note for $ , due , 18 — , with interest annually at — per cent. 

One note for $ , due , 18 — , with interest annually at — per cent. 

and pay all taxes accruing upon the lands herein described, then said oblio-or 
shall convey to the said obligee, or his assigns, that certain tract or parcel of 

real estate, situated in the County of and State of Iowa, described as fol- 

loAvs, to wit: [here insert description,] by a Warranty Deed, with the usual 
covenants, duly executed and acknowledged. 

If said obligee should fail to make the payments as above stipulated, or any 
part thereof, as the same becomes due. said obligor may at his option, by notice 
to the obligee terminate his liability under the bond and resume the posses- 
sion and absolute control of said premises, time being the essence of this 
agreement. 

On the fulfillment of the above conditions this obligation to become void, 
otherwise to remain in full force and virtue ; unless terininated by the obligor 
as above stipulated. 



[Acknowledge as in form No. 1.] 



300 ABSTRACT OF IOWA STATE LAWS. 



CHARITABLE, SCIENTIFIC AND RELIGIOUS ASSOCIATIONS. 

Any three or more persons of full age, citizens of the L^nited States, 
a majority of whom shall be citizens of this State, who desire to associate 
themselves for benevolent, charitable, scientific, religious or missionary pur- 
poses, may make, sign and acknowledge, before any officer authorized to take 
the acknowledgments of deeds in this State, and have recorded in the office of 
the Recorder of the county in which the business of such society is to be con- 
ducted, a certificate in writing, in which shall be stated the name or title by 
which such society shall be known, the particular business and objects of such 
society, the number of Trustees, Directors or Managers to conduct the same, and 
the names of the Trustees, Directors or Managers of such society for the first 
year of its existence. 

Upon filing for record the certificate, as aforesaid, the persons who shall 
have signed and acknowledged such certificate, and their associates and success- 
ors, shall, by virtue hereof, be a body politic and corporate by the name 
stated in such certificate, and by that they and their successors shall and may 
have succession, and shall be persons capable of suing and being sued, and may 
have and use a common seal, which they may alter or change at pleasure ; and 
they and their successors, by their corporate name, shall be capable of taking, 
receiving, purchasing and holding real and personal estate, and of making by- 
laws for the management of its affiiirs, not inconsistent with law. 

The society so incorporated may, annually or oftener, elect from its members 
its Trustees, Directors or Managers at such time and place, and in such manner 
as may be specified in its by-laws, who shall have the control and management 
of the affairs and funds of the society, a majority of whom shall be a quorum 
for the transaction of business, and whenever any vacancy shall happen among 
such Trustees, Directors or Managers, by death, resignation or neglect to serve, 
such vacancy shall be filled in such manner as shall be provided by the by-laws 
of such society. When the body corporate consists of the Trustees, Directors or 
Managers of any benevolent, charitable, literary, scientific, religious or mis- 
sionary institution, which is or may be established in the State, and which is or 
may be under the patronage, control, direction or supervision of any synod, con- 
ference, association or other ecclesiastical body in such State, established 
agreeably to the laws thereof, such ecclesiastical body may nominate and 
appoint such Trustees, Directors or Managers, according to usages of the appoint- 
ing body, and may fill any vacancy which may occur among such Trustees, 
Directors or Managers ; and when any such institution may be ,under the 
patronage, control, direction or supervision of two or more of such synods, con- 
ferences, associations or other ecclesiastical bodies, such bodies may severally 
nominate and appoint such proportion of such Trustees, Directors or Managers 
as shall be agreed upon by those bodies immediately concerned. And any 
vacancy occurring among such appointees last named, shall be filled by the 
synod, conference, association or body having appointed the last incumbent. 

In case any election of Trustees, Directors or Managers shall not be made 
on the day designated by the by-laws, said society for that cause shall not be 
dissolved, but such election may take place on any" other day directed by such 
by-laws. 

Any corporation formed under this chapter shall be capable of taking, hold- 
ing or receiving property by virtue of any devise or bequest contained in any 
last will or testament of any person whatsoever ; but no person leaving a wife, 



ABSTRACT OF IOWA STATE LAWS. 301 

child or parent, shall devise or bequeath to such institution or corporation more 
than one-fourth of his estate after the payment of his debts, and such device or 
bequest shall be valid only to tlie extent of such one-fourth. 

Any corporation in this State of an academical character, the memberships 
of Avhich shall consist of lay members and pastors of churches, delegates to any 
synod, conference or council holding its annual meetings alternately in this and 
one or more adjoining States, may hold its annual meetings for the election of 
officers and the transaction of business in any adjoining State to this, at such 
place therein as the said synod, conference or council shall hold its annual meet- 
ings ; and the elections so held and business so transacted shall be as legal and 
binding as if held and transacted at the place of business of the corporation in 
this State. 

The provisions of this chapter shall not extend or apply to any association 
or individual who shall, in the certificate filed with the Recorder, use or specify 
a name or style the same as that of any previously existing incorporated society 
in the county. 

The Trustees, Directors or stockholders of any existing benevolent, char- 
itable, scientific, missionary or religious corporation, may, by conforming to the 
requirements of Section 1095 of this chapter, re-incorporate themselves or con- 
tinue their existing corporate powers, and all the property and effects of such 
existing corporation shall vest in and belong to the corporation so re-incorporated 
or continued. 



INTOXICATING LIQUORS. 

No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine 
manufactured from grapes, currants or other fruit grown in the State, shall be 
manufactured or sold, except for mechanical, medicinal, culinary or sacramental 
purposes ; and even such sale is limited as follows : 

Any citizen of the State, except hotel keepers, keepers of saloons, eating 
houses, grocery keepers and confectioners, is permitted to buy and sell, within 
the county of his residence, such liquors for such mechanical, etc., purposes 
only, provided he shall obtain the consent of the Board of Supervisors. In 
order to get that consent, he must get a certificate from a majority of the elec- 
tors of the town or township or ward in which he desires to sell, that he is of 
good moral character, and a proper person to sell such liquors. 

If the Board of Supervisors grant him permission to sell such liquors, he 
must give bonds, and shall not sell such liquors at a greater profit than thirty- 
three per cent, on t'le cost of the same. Any person having a permit to sell, 
shall make, on the last Saturday of every month, a return in writing to the 
Auditor of the county, showing the kind and quantity of the liquors purchased 
by him since the date of his last report, the price paid, and the amount of 
freights paid on the same ; also the kind and quantity of liquors sold by him 
since the date of his last report ; to whom sold ; for what purpose and at what 
price; also the kind and quantity of liquors on hand; which report shall be 
sworn to by the person having the permit, and shall be kept by the Auditor, 
subject at all times to the .inspection of the public. 

No person shall sell or give away any intoxicating liquors, including wine or 
beer, to any minor, for any purpose whatever, except upon written order of 
parent, guardian or family physician ; or sell the same to an intoxicated person 
or a person in the habit of becoming intoxicated. 



302 ABSTRACT OF IOWA STATE LAWS. 

Any person who shall mix any intoxicating liquor with any beer, wine or 
cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, 
shall be punished as for sale of intoxicating liquor. 

But nothing in the chapter containing the laws governing the sale or pro- 
hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by 
the importer thereof of foreign intoxicating liquor, imported under the author- 
ity of the laws of the United States, regarding the importation of such liquors, 
and in accordance with such lavvs ; provided that such liquor, at the time of the 
sale by the importer, remains in the original casks or packages in which it was 
by him imported, and in quantities not less than the quantities in which the 
laws of the United States require such liquors to be imported, and is sold by 
him in such original casks or packages, and in said quantities only. 

All payment or compensation for intoxicating liquor sold in violation of the 
laws of this State, whether such payments or compensation be in money, goods, 
lands, labor, or anything else whatsoever, shall be held to have been I'eceived in viola- 
tion of law and equity and good conscience, and to have been received upon a 
valid promise and agreement of the receiver, in consideration of the receipt 
thereof, to pay on demand, to the person furnishing such consideration, the 
amount of the money on the just value of the goods or other things. 

All sales, transfers, conveyances, mortgages, liens, attachments, pledges and 
securities of every kind, which, either in whole or in part, shall have been made 
on account of intoxicating liquors sold contrary to law, shall be utterly null and 
void. 

Negotiable paper in the hands of holders thereof, in good faith, for valuable 
consideration, without notice of any illegality in its inception or transfer, how- 
ever, shall not be affected by tlie above provisions. Neither shall the holder of 
land or other property who may have taken the same in good faith, without 
notice of any defect in the title of the person from whom the same was 
taken, growing out of a violation of the liquor law, be affected by the above 
provision. 

Every wife, child, pai-ent, guardian, employer, or other person, who shall be 
injured in person or property or means of support, by an intoxicated person, or 
in consequence of the intoxication, has a right of action against any person who 
shall, by selling intoxicating liquors, cause the intoxication of such person, for 
all damages actually sustained as well as exemplary damages. 

For any damages recovered, the personal and real property (except home- 
stead, as now provided) of the person against whom the damages are recovered, 
as well as the premises or property, personal or real, occupied and used by him, 
with consent and knowledge of owner, either for manufacturing or selling intox- 
icating li(|uors contrary to law, shall be liable. 

The only other exemption, besides the homestead, from this sweeping liability, 
is that the defendant may have enough for the support of his family for six 
months, to be determined by the Township Trustee. 

No ale, wine, beer or other malt or vinous li([uors shall be sold within two 
miles of the corporate limits of any municipal corporation, except at wholesale, 
for the purpose of shipment to places outside of such corporation and such two- 
mile limits. The power of the corporation to prohibit or license sale of liquors 
not prohibited by law is extended over the two miles. 

No ale, wine, beer or other malt or vinous liquors shall be sold on the day 
on which any election is held under the laws of this State, within two miles of 
the place where said election is held ; except only that any person holding a 
permit may sell upon the prescription of a practicing physician. 



ABSTRACT OF IOWA STATE LAWS. 



303 



SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- 
TION. 



nn 



.^he business of puhlisliing hooks hy subscription, having so often been 
brought into disrepute by agents making representations and declarations not 
autJiorized hy the puhlisher, in order to prevent that as much as possible, and 
that there may be more general knowledge of the relation such agents bear to 
their principal, and the law governing such cases, the following statement is 
made : 

A subscription is in the nature of a contract of mutual promises, by which 
the subscriber agrees to pay a certain sum for the work described; the consid- 
eration is concurrent that the publisher shall puhlish the hook named, and 
deliver the same, for which the subscriber is to pay the price named. The 
nature and character of the work is described hy the prospectus and sample 
shown. These should be carefully examined before suhseribing, as they are 
the basis and consideration of the promise to pay, and not the too often exag- 
gerated statements of the agent, who is merely employed to solicit subscriptions, 
for which he is usually joau^ a commission for each subscriber, and has no 
authority to change or alter the conditions upon which the subscriptions are 
authorized to be made by the publisher. Should the agent assume to agree to 
make the subscription conditional or modify or change the agreement of the 
publisher, as set out by the prospectus and sample, in order to bind the priiici- 
pal, the subscriber should see that such condition or changes are stated over or 
in connection with his signature, so that the publisher may have notice of the 
same. 

All persons making contracts in reference to matters of this kind, or any 
other business, should remember that the law as ivritten is, that they can not be 
altered., varied or resciiided verbally, but if done at all, must he done in writing. 
It is therefore important that all persons contemplatirig subscribitig should 
distinctly understand that all talk before or after the subscription is made, is not 
admissible as evidence, and is no jjart of the contract. 

Persons employed to solicit subscriptions are known to the trade as can- 
vassers. They are agents appointed to do a particular business in a prescribed 
mode, and have no authority to do it any other way to the prejudice of their 
principal, nor can they bind their principal in any other matter. They can not 
collect money, or agree that payment may be made in anything else but money. 
They can not extend the time of payment beyond the time of delivery, nor bind 
their principal for the payment of expenses incurred in their business.. 

It ivould save a great deal of trouble, and often serious loss, if persons, 
before signing their names to any subscription book, or any written instrument, 
would examine carefully what it is ; if they can not read themselves call on 
some one disinterested who can. 




POPULATION OF BENTON COUNTY. 





White Colored 
Inhabitants. Inhabitants. 




Number born 
in Foreign 
Countries. 




TOWNSHIPS. 


^ 

rt 
g 


a? 
S 




•3 

a 


Is 


»5 


St Clair 


442 

387 
393 
287 
291 
397 
414 
468 
350 
361 
419 
580 
625 
532 
417 
1167 
512 
456 
343 
443 
580 
590 
616 
786 


375 






817 
728 
732 
554 
540 
751 
768 
829 
679 
714 
782 
1109 
1279 
988 
797 
2389 
978 
846 
651 
836 


204 

220 

71 

37 

10 

222 

104 

262 

17 

37 

102 

87 

86 

58 

32 

92 

52 

285 

75 

288 

229 

219 

340 

274 


149 


Homer 


340 
339 
267 
249 
354 
354 
361 
320 
353 


1 




119 


Monroe 




144 


Shellsburg, Town of 






127 


Harrison 


128 


Fremont 






100 


Biff Grove 






183 


Union 






144 


RpTiton 4 






144 


Tilairstown town of 






191 


Eden 


363 
•528 
654 
456 
380 
1208 
466 
890 
308 
393 
502 
562 
545 
856 






176 


Cedar 


1 




259 


Polk 




299 


Jackson 






219 


Taylor 






171 


Vinton. Town of 


8 


6 


579 


Canton 


216 


Eldorado 






141 


Bruce 






146 


Kane 






1.50 


Leroy 






1082 
1152 


202 


Iowa 






225 


Florence 






1161 
1645 


210 


Belle Plaine, Town of 


2 


1 


338 







^fyyicD %r.J 



VINTON 



7/ 



HISTORY OF BENTON COUNTY. 



Benton County is one of the largest counties in the central portion of the 
State, containing twenty Congressional townships and an area of 720 square 
miles. 

The surface is generally a beautiful and gently undulating prairie, and pre- 
sents to the eye an extremely attractive appearance, enhanced by the numerous 
groves of native and planted timber which dot the face of the country. The 
soil in the lowlands near the river is sandy, but, as the prairie rises, the soil 
becomes a deep, black vegetable mold of surpassing fertility. The county is 
well-watered, and is peculiarly adapted to stock raising. 

RIVERS AND STREAMS. 

Cedar River, a beautiful stream, which rises in Minnesota, enters Benton 
County at the northwest corner of Township 86, Range 10. Its general course 
is nearly south until it reaches Section 16, Township 85, Range 9, when it 
flows in a general easterly direction to the county line, in Section 13, Township 
84, Range 9. Its course is very crooked, however, and it flows about forty 
miles in Benton County. It is a clear stream with a rapid current. On its 
banks in numerous places, a vai^iety of fossil shells, corals, agates, carnelians and 
petrifactions are found. 

The Iowa River flows about two miles across the southwest corner of the 
county, in Sections 31 and 32, Township 82, Range 12. 

Big Creek, which flows northeast into Black Hawk County, runs across and 
waters Bruce Township (86 — 12). Rock Creek, Pratt Creek, Crooked (now 
Hinkle) Creek, Mud Creek, Opossum Creek, Wild Cat Creek, Little Bear Creek, 
Dry Creek, are all tributaries of the Cedar, which waters Benton County on the 
west and south of that river, and Bear Creek and several others on the east side. 

Prairie Creek, another tributary of the Cedar, flows nearly across the south- 
ern tier of townships in the county. Buckeye Creek, a tributary of the Iowa 
River, in Township 82, Range 12, Iowa Township ; Salt Creek, another tribu- 
tary of the Iowa, waters Homer Township. 

TIMBER AND GROVES. 

The various kinds of oak, hickory, maple, walnut, ash, basswood, elm, Cot- 
tonwood, willow and hackberry flourish in the rich soil of Benton County. 

" Cedar Timber," the timber skirting the Cedar River, especially on the 
north and east, in Polk, Harrison, Taylor and Benton Townships. 

" Big Grove," a large grove of several thousand acres, in Township 84, 
Range 11, Big Grove Township. 

" Scotch Grove," in northeast part of Township 82, Range 9, Florence, 
and extends into Linn County. 



308 ■ HISTORY OF BENTON COUNTY. 

"Parker's Grove," on Sections 26, 27, 3o and 34, Township 84, Range 9 
(Canton). 

"Ure's Grove," on Prairie Creek, in Sections 14 and 18, Township 82, 
Range 9 (Cue, now Florence Township). 

"Darnell's Grove," on Prairie Creek, in Sections 20 and 21, Township 82, 
Range 9. 

" Cue's Grove," on Sections 16 and 17, Township 82, Range 9. 

"Buckeye Grove," extends for several miles on the west side of Buckeye 
Creek, in Iowa, Township 82, Range 12. 

"Van Meter's Grove," on Section 32, Township 83, Range 11 (Union 
Township). 

" Lost Grove," Sections 31 and 32, Township 84, Range 9 (Canton Town- 
ship). 

" Crab Apple Grove," Sections 31 and 32, Township 83, Range 9 (Fre- 
mont Township). 

"Wild Cat Grove," Section 8, Township 84, Range 9 (Canton Township), 
a continuation of " Cedar Timber." 

" Round Grove," Section 12, Township 84, Range 11 (Big Grove Township). 

" Garrison's Grove," in Sections 19, 29 and 30, Township 85, Range 11 
(Jackson Township). 

" School Grove," on Sections 15, 16, 17 and 22, Township 85, Range 11. 

"Helm's Grove," on Section 13, Township 85, Range 11. 

" Yankee Grove," on Sections 15 and 22, Township 85, Range 12 (Monroe 
Township). 

" Brush Grove," on Section 31, Township 86, Range 12 (Bruce Township). 

" Spencer's Grove," on Sections 2, 3 and 11, Township 86, Range 9 (Polk 
Township). 

The southwest has but little timber, except in Iowa Township and along 
Prairie Creek, where there are some small groves. Added to this amount, nearly 
every farmer in the county has planted a grove of cottonwood, silver-leaf maple, 
or other fast-growing wood, which have now reached a sufficient size to be ex- 
tensively used for the ordinary purposes of fencing and fuel. The broad prai- 
ries of the county are thus dotted over with cultivated groves, which not only 
beautify and adorn the face of the county, but form an attractive feature to 
travelers and emigrants seeking a home in the State, and add very materially 
to the real wealth of the county. 

BUILDING STONE. 

An excellent quality of building stone is found in several portions of the 
county, but the best quarries are at Vinton and along the Cedar River. These 
quarries are inexhaustible in extent, and the quality of the stone is equal to any 
found in the West. When first taken out, the rock is of a brown color, and so 
soft that it is easily molded into any desired shape; butby exposure to the atmos- 
phere, the color is changed to a white, closely resembling marble, and becomes 
perfectly hard and lasting, as its durability has been fully tested. The main 
buildings of the Iowa State College for the Blind, at Vinton, are built of this 
stone, taken from quarries situated some two and a half miles northwest of its 
location. Excellent (juick lime is made from these stone, while an abundance 
of good sand and brick clay is found in all parts of the county, and at Shells- 
burg an extensive business in the manufacture of earthenware has formerly been 
carried on. Coal has been found at Blairstown, Belle Plaine, and some other 
places, but not in quantity or quality to justify working. This county is also 



HISTORY OF BRNTON COUNTY. 309 

in the section known as the '" drift region," as granite bowlders of all sizes are 
found scattered over its surface, although not quite so plentifully as in some of 
the counties further north. 

The banks of the Cedar River are full of fossils, and fossil corals, shells, 
etc., abound in the rock. 

The elevations of a few places in Benton County above the level of the sea 
are given herewith: Norway Station, 780 feet; Blairstown, 850 feet; summit 
east of Buckeye Creek, 913 feet ; Buckeye Creek at C. & N. W. crossing, 820 
feet ; Belle Plaine Station, 831 feet ; water in Cedar at Vinton, about 790 feet. 

THE COUNTY SURVEYED. 

Township 82, Range 9, was surveyed by A. L. Brown. Deputy U. S. Sur- 
veyor, in 1848. Townships numbered 83, 84, 85 and 86, in Ranges 9, 10 and 
11 west, were also surveyed in 1843, by Isaac N. Higbee, Deputy Surveyor. 
Townships 82 — 10 and 82 — 11 were surveyed by A. L. Brown, in 1844. Town- 
ships 82, 83, 84, 85 and 86, Range 12, were surveyed in 1845, by James Fan- 
ning. 

CIVIL DIVISIONS. 

Benton County contains twenty Congressional Townships, viz.: Townships 
82, 83,- 84, 85 and 86 north of Ranges 9, 10, 11 and 12 west. 

In 1878, there were 21 civil or political townships in the county, viz.: 
Florence (82—9); St. Clair (82—10); Le Roy (82—11); Iowa (82—12); 
Fremont (83—9); Eldorado (88—10); Union (83—11); Kane (83—12); 
Canton (84—9) ; Eden (84—10) ; Big Grove (84—11) ; Homer (84—12) ; 
Benton (85 — 9) ; Taylor (that part of 85 — 10 not embraced within the cor- 
porate limits of the city of Vinton) ; Vinton, (the territory embraced by the 
corporation of Vinton City) ; Jackson (85. — 11) ; Monroe (85 — 12) ; Polk 
(86—9) ; Harrison (86—10) ; Cedar (86—11), and Bruce (86—12). 

It has been stated that an election was held in 3enton County, in 1843, at 
which the settlers voted for Linn County aifairs. If there was such, no records 
were preserved, and the Auditor of Linn County, under date of July 25, 1878, 
certifies that " I have examined the records as desired, and find nothingr what- 
ever pertaining to Benton County officers ; if Benton County was ever a part 
of Linn County, there is no record disclosing the fact. The fact that the 
county was not open to settlement until the 1st of May, 1843. squatters here 
prior to that time being trespassers upon Indian domain, would seem to indicate 
that there could not have been an election held in the countv as early as the 
August following. It is more probable that a Justice of the Peace might have 
been appointed by the Governor of the Territory, and the appointment of Con- 
stables by him might have given rise to the tradition of an election." 

COUNTY BOUNDARIES DEFINED. 

Section 9 of an act of the Territorial Legislature of Iowa, entitled "An act to 
establish new counties and define their boundaries in the late cession from the Sac 
and Fox Indians, and for other purposes," approved February 17, 1843, pro- 
vided " That the following boundaries shall constitute a new county and be 
called Benton, to wit : beginning at the northwest corner of Linn County, 
thence west to Range (18) thirteen west; thence south on said line to the corner 
of Townships (81) eighty-one and (82) eighty-two, of Range (13) thirteen and 
(14) fourteen west ; thence east to southwest corner of Linn County, thence north 
to the place of beginning." 



310 HISTORY OF BENTON COUNTY. 

Tama (lounty was established at the same time, and Benton and Tama and 
the territory west were attached to Linn County for judicial, revenue and elec- 
tion purposes. 

Section 12 of the above act provided as follows : 

That so soon as the treaty made by Governor Chambers with the Sac and Fox Indians shal| 
have been ratified by tlie United States Senate, and the Indians removed froai the late purchase 
the Board of County Commissioners of each organized county to which any of the new counticg 
is attached, for judicial or other purposes, shall have the boundaries of any of the new countiey 
surveyed and marked out as near as may be to correspond with the spirit and meaning of thig 
act ; which boundaries shall remain as the county boundaries until the county is surveyed by tli^ 
United States, and that the township lines shall remain and be the county boundaries thereaf(er 

The Governor of the Territory was authorized by Section 13 of the same act, 
to appoint as many Justices of the Peace as he deemed expedient, in any of the 
new counties established by the act, and elsewhere within the boundaries of the 
Territory of Iowa, except in organized counties. Such Justices were appointed 
for two years, and each Justice so appointed was empowered to appoint two 
Constables. 

The treaty with the Sacs and Foxes was made by Governor Chambers, 
October 11, 1842, and ratified by the United States Senate, March 23, 1843. 
The Indians were to retain possession of the ceded lands until May 1, 1843, 
and the territory west of a line drawn north and south through Redrock, until 
October 11, 1845. (See page 179). 

While much of the larger part of Benton County was in the possession of 
the Sac and Fox Indians until May, 1843, a small portion of the territory now 
included in the county was included in the 1,250,000 acres purchased of the 
Indians in 1837. (See treaty of 1837, page 162.) The west line of this 
purchase crossed the Cedar River near the west line of Benton Township, and in- 
cluded very nearly one tier of townships on the east side of the county. Town- 
ship 86, Range 9, was included in this purchase, and the earliest settlers, in 
1839-40, were very near the Indian line. 

EARLY SETTLEMENT. 

Early in 1839, George Wright and John Smith, two young men, located on 
Section 24, in Township 84, Range 9 (Canton), built a cabin and broke some 
prairie. This was probably the first cabin built by white men in Benton 
County. About the same time, James Scott came in and built a cabin. A Little 
later in the same year, Samuel M. Lockhart, with his family, settled in the north- 
east part of the county, on Section 34, Township 86, Range 9. Shortly after- 
ward, probably in 1840-1, James Downs, Thomas Way, Thomas Kendrick and 
Price Kendrick settled near Lockhart, and the little pioneer hamlet was called 
" Hoosier Point" until, in 1847, a town was laid out and called Marysville. 
Deal Dorsey came with Wright, Smith and Scott, but settled first, it is said, in 
lAnn County. Charles Ilinkley is supposed to have been a squatter in Benton 
County as early as 1839. 

In 1840, Samuel K. Parker settled in Township 84, Range 9, near a grove 
since called Parker's Grove. Jacob Bonsall settled in the county in 1840, but 
after two or three years moved away. Gilman Clark located in the same year 
about a mile and a half southeast of the present village of Shellsburg. Stedman 
Penrose came in the same year; also A. D. Stephens, J. W. Filkins, Joseph 
Remington, and perhaps others. 

It has been said that Reuben Buskirk settled here in 1840, east of Vinton, 
near the county line; that he died October 10, 1842, being the first death in 
the county ; that there was no lumber Avith which to make a coffin, and the few 



HISTORY OF BENTON COUNTY. ^^ 1 

settlers felled a linn tree, cut a log of the proper length, split it and laid one-half 
of it in the grave, and on this the body of the deceased Buskirk was laid, suit- 
able blocks placed at his head and feet, and the other half of the log laid over 
him and the grave filled, and that there were five men and three women at the 
funeral. Mr. Lyman D. Bordwell, who was one of the five men present at the 
funeral, states that this is all correct, except that Buskirk settled just across 
the line, in Linn County. 

In April, 1842, Jacob Cantonwine settled and built a cabin on the site of 
the future village of Shellsburg. Mrs. Bordwell came with his family. Sep- 
tember 13, 1842, Lyman D. Bordwell, familiarly known as "Black King,"* 
arrived at the frontier settlements in Benton County, purchased the claim and 
improvements of Wright and Smith, settled and lived there until 1849, when 
he removed to Sections 21 and 22, Township 85, Range 10, where he still 
resides. James Rice settled in 1849. 

John Mason, George Sanders, John Royal and others came about 1842-3. 

For eight or ten years after these first settlements, the pojiulation of the 
county increased very slowly, but it is to be noted that nearly all who came 
became permanent settlers. No records show the dates of settlement, and it is 
hardly possible to be literally correct, as men's memories of events that occurred 
thirty-five years ago are not always accurate. Below will be found the names 
of a few of the pioneers who came to Benton County between 1843 and 1851, 
with the date of their arrival as nearly as can be ascertained : Hyrcanus Guinn, 
Hugh Brody, F. Bryson, Stephen Brody, Joseph Bryson, William Mitchell, 
Jesse Brody, Josiah Helm, Joseph C. Rouse, 1843 ; S. R. Price, George 
McCoy, 1844 : J. R. Pratt, David S. Pratt, L. W. Hayes, Chauncy Leverich, 
Stephen Holcomb, all in 1845 : John Alexander, 1846-7; A. H. Johnson, 1846 ; 
David Jewell, John Renfrew, 1846 ; George Sanders, 1847 ; James Leverich, 
1845-6; Daniel Harris and John S. Epperson, 1847; Elijah Evans, 1847; 
Charles N. Moberly, 1847; C. C. Charles, 1848; J. S. Forsythe, 1848; John 
C. Traer, 1851 ; Russell Jones, 1850 ; James Harmely, Martin Webb, Amos 
Anderson, James Pooley, Thomas Mahin, Samuel Rosebury, Alexander Moody, 
Elias Doan, John Leard, Abel Cox, Aaron Webb, James F. Beckett, D. S. 
Brubacher, James Chapin, W. C. Stanbury, John R. Speak, William Riley, 
David Fonts, Dr. C. W. Baff'um, G. B. White, M. D. L. Webb, Francis San- 
ders and six sons ; Caleb Chapin, Stephen Chapin, James Wood, W, 0. Sanders, 
William Bell, William Cline, 1. D. Simison, J. F. Young, James Crow, Thos. 
Beckett. 

According to the best information now available, it appears that the first 
birth in the county was that of William Penrose, son of Stedman Penrose, who 
was born in August, 1841. The next, Mary North, daughter of Loyal F. 
North, January 8, 1843; and the next, Lucinda, daughter of Lyman D. Bord- 
well, July 5, 1844. 

The records of Linn County indicate that the first couple married in the 
territory of Benton County was Charles Hinkley, aged 30 years, and Mary 
Helm, aged 45 years, by Perry Oliphant, in 1839. Oliphant made two trips 
to Marion for the license. They were married about midnight, in a leg house, 
with no witnesses except the officiating Justice. Afterward, Henkley had one 
leg amputated by Dr. S. H. Tryon, and in 1848 was convicted of arson. She 
petitioned for divorce. John Alexander was her attorney, and succeeded in 
procuring a decree, with the assistance of some of the boys, with whom, liow- 

* Mr. Bordwell says that in early (lays, in some tiiffionlty he had with Mr. Uolconih, he told that gentleinen 
that he (^Bordwell i would liliow him that In- i Bordwell) was " King of the Priirie." I. I». .Simisfin, who was presen 
tbereiijioo called him the " Black King." 



312 HISTORY OF BENTON COUNTY. 

ever, he refused to divide his fees. As Benton County was not created until 
1843, it is a little doubtful whether this marriage should be credited to it. 

The first marriage license, after the organization of the county, appears to 
have been issued by David S. Pratt, Deputy Clerk of the District Court, to 
Joseph Onstott and Miss Sarah Patch, aged about 42 years, respectively. 
These parties were married June 20, 1847, by Lyman D. Bordwell, Justice 
of the Peace. 

The first death was that of Christian Kensinger, Mrs. Bordwell's father, 
who came to the county in the Fall of 1843, and died May 5, 1844. 

The first school house erected in the county, so far as can now be ascer- 
tained, was built of logs on Section 25, Township 86, Range 9, and known to 
the early settlers as the '" Johnson School House." It was built in 1845-6, and 
the first school in the county was taught in it in 1846-7, by Francis James Rigaud, 
who was an educated man who " wrote a magnificent hand." Rigaud lived in 
a little log cabin near the present site of Wilmington. He died in 1847-8, 

FIRST ENTRIES. 

Polk Township (86-9), Abner N. Spencer, part of Sections 2, 10 and 11, 
September 27, 1848 ; Malinda Lockhart, southwest quarter of the northwest 
quarter of Section 24, May 1, 1846 ; Barney D. Springer, south half of the 
southeast quarter of Section 26, June 15, 1846 ; Joseph Remington, west half 
of the northeast quarter of Section 34, April 7, 1846 ; William Mitchell, part 
of Section 34, June 19, 1846 ; Jacob Remington, October 3, 1846 ; Caleb S. 
Hendrys, southeast quarter of the northeast quarter of Section 36, November 3, 
1845 ; Samuel M. Lockhart, west half of the northwest quarter of Section 36, 
November 17, 1845. 

Harrison Township (86-10), William Hendrickson, northeast quarter of 
Section 28, June 13, 1849. 

Cedar Township (86-11), John Houx, southeast quarter of the southeast 
quarter of Section 25, July 16, 1851 ; Stephen King, part of Section 25, 
August 2, 1852. 

Bruce Township (86-12), Lewis M. Carlisle, parts of Sections 31 and 32, 
June 29, 1853. 

Benton Township (85-9), George W. Brice, part of Section 1, May 6, 
1846 ; Hugh Brawdy, June 26, 1846 ; Edwin B.. Spencer, part of Section 7, 
November 1, 1845 ; Charles Cantonwine, part of Section 31, December 10, 
1845. 

Taylor Township (85-10), William A. Bryson, part of Section 1, June 20, 
1846 ; Samuel Morse, part of Section 10, March 10, 1846 ; John Renshaw, 
Samuel K. Parker, Joseph R. Strawn and Gideon B. White entered in 1846. 

Jackson Township (85-11), William Helmes, part of Section 15, June 26, 
1848 ; Sarah Harris, part of Section 12, October 11, 1848 ; Ebenezer Mul- 
linick, part of Section 29, June 26, 1848. 

Monroe Township (85-12), Grenville C. Slader, part of Section 15, June 
30, 1851. 

Canton Township (84-9), Daniel Ousted, part of Section 3. April 20, 1846; 
Charles A. Belnap, part of Section 11, May 13, 1846 ; Loyal F. North, part 
of Section 12, February 7, 1846 ; Stedman Penrose, Edward Karlsback, part 
of Section 12, December 30, 1845. 

Eden Township (84-10), Elias Doan, part of Section 7, May 31, 1849. 

Big Grove Township (84-11), Hans Hanson, part of Section 11, April 11, 
1848. 



HISTORY OF BENTON COUNTY. 313 

Homer Township (84-12). Benjamin Kunkle, part of Section 20, October 
23, 18r)4. 

Florence Township (82-9), John Ure, part of Section 14, April 1, 184(> ; 
Hiram Usher, part of Section 18, February 14, 1846 ; William Thomas, pait 
of Section 22, February 1<», 1846. 

Fremont Township (83-i>), Edward Connolly, part of Section 32, March 
12, 1853. 

St. Clair Township (82-10), William T. Scott, part of Section 26, October 
18, 1852. 

Eldorado Township (83-10), dames S. Easley, part of Section 26, Septem- 
ber 8, 1854. Nearly all of this township was entered in the Fall of 1854. 

Le Roy Township (82-11), George Titter, part of Section 26, October 24. 
1850. 

Union Township (83-11), Sarah Ann Matsinger, part of Section 32, Octo- 
ber 27, 1851. 

Iowa Township (82-12), Hyrcanus Guinn, part of Section 27, September 
3, 1851 ; Samuel Yeomans, part of Section 21, September 13, 1851. 

Kane Township (83-12), Levi Marsh, part of Section 32, September 20 
1853. 

OKOANIZATION OF THE COUNTY. 

There appears to have been no uniform rule or custom in the Territory or 
State of Iowa for the organization of counties, the boundaries of which were 
previously established by statute. Benton County was declared to be organized 
by act of the Territorial Legislature ; and as these statutes are rare, the act 
may be valuable for reference if inserted here, as follows : 

AN ACT FOR THE ORGANIZATION OF BENTON COUNTY. 

Section 1. — Be it enacted hy the Council and House of Representatives of the Territorj/ of Iowa 
That the county of Benton be .- nd the same is hereby organized from and after tlie 1st day of 
March next, and the inhabitants of said county shall be entitled to all the rights and privileges 
to which, by law, the inhabitants of other organized counties of this Territory are entitled; and 
said county shall constitute a part of the Third Judicial District of this Territory. 

Sec. 2. — That there shall be a special election held on the first Monday in the month of April 
next, at which time the county officers for said county shall be elected, and also sunh number of 
Justices of the Peace and Constables for said county as may be ordered by the Clerk of the Dis- 
trict Court for said county. 

Sec. 3. — That it shall be the duty of the Clerk of the District Court in and for said county 
to give at least ten days' previous notice of the time and place of holding such special election 
in said county, grant certiticates of election, and in all respects discharge the duties required 
by law to be performed by Clerks of the Boards of County Commissioners, in relation to elections, 
until a Clerk of the Board of County Commissioners may be elected and ([ualified. 

Sec. 4 — That it shall be the duty of the Clerk of the District Courts in said county to dis- 
charge all the duties required by law to be performed by Sheriffs, in relation to elections, until a 
Sheriff for said county may be elected and qualified. 

Sec. 5. — That the county officers, Justices of the I'eace and Constables elected under thte 
provisions of this act shall hold their offices until the first Monday in August, 1846, and unil 
heir successors are elected and qualified. 

Sec. (i. — That the Clerk of the District Court in and for said county of Benton may be 
appointed and qualified at any time after the passage of this act. 

Sec. 7. — That all actions at law or equity in the District Court for tiie county of Linn, com- 
menced prior to the organization of said county of Benton, when the parties or either of them 
reside in said county of Benton, shall be prosecuted to final judgment, order (u- decree, as fully 
and eflFectually as if tiiis act had not been passeil. 

Sec. >< — That it shall be the duty of all Justices of the Peace residing within said county of 
Benton to return all l)ooks and papers in their hands, pertaining to said office, to the next near- 
est Justice of the Peace who may be elected and qualified in and for said county under the 
provisions of this act ; ami all suits at law or other official business which may be in the hands 
of such .Justice of the Peace, and unfinished, shall be prosecuted and cdinpleted by the Justice 
of the Peace to whom such business or papers may have been returned, as aftu-esaiil. 



314 HISTORY OF BENTON COUNTY. 

Sec. '.). — That the judicial authorities of Linn County shall have cognizance of all crimes or 
violations of the criminal laws of this Territory committed within the limits of said county of 
Benton prior to the 1st day of March next; Provided, prosecutions be commenced under the judi- 
cial autliorities of said Linn County prior to the said 1st day of March next. 

Sec. 1(». — That said county of Benton shall have cognizance and jurisdiction of all crimes 
or violations of the criminal laws of this Territoi'y, committed prior to the 1st day of March next, 
in cases where prosecutions shall not have been commenced under the judicial authorities of Linn 
County. 

Sec. 1 1 . — That the county of Tama and the counties lying west of said county of Tama be and 
the same are hereby attached to the county of Benton, for election, revenue and judicial pur- 
poses. 

Sec. 12. — That the Clerk of the District Court in and for the county of Benton may keep 
his office at any place within said county, until the county seat thereof may be located. 

Sec. 18. — That .Joseph A. Se.rest, of Jones County. Lyman Dillon, of Dubuque County, and 
Joseph A. Downing, of Cedar County, be and they are hereby appointed Commissioners to locate 
and establish the county seat of the county of Benton. 

Sec. 14. — That said ' ommissioners, or a majority of them, shall meet at the office of the Clerk 
of the District Court of the county of Benton, on the first Monday of May next, or at such other 
time, not exceeding thirty days thereafter, as a majority of tliem may agree. 

Sec. 15 — -Said Commissioners shall first take and subscribe to the following oath, to wit : " We 
do solemnly swear (or affirm) that we have no personal interest, either directly or indirectly, in 
the location of the seat of justice of the county of Benton, and thut we will faithfully and im- 
partially locate the same, according to the best interests of said county, taking into consideration 
the future as well as the present population of said county;" which oath shall be administered 
by the Clerk of the District Court, or any other officer authorized by law to administer oaths 
within the county of Benton ; and the officer administering said oath shall certify and file the 
same in the office of the Clerk of the District Court of said county, whose duty it shall be to 
record the same. 

Sec. 16. — Said Commissionei's, when met and qualified under the provisions of this act, 
shall proceed to locate the seat of justice of said county of Benton; and as soon as they shall 
have come to a determination, the same shall be committed to writing, signed by the said Com- 
missioners and filed with the Clerk of the District Court of said county, whose duty it shall be 
to record the same and forever keep it on file in his office ; and the place thus designated shall . 
be the seat of justice of said county. 

Sec. 17. — Said Commissioners shall each be entitled to receive the sum of $2 per day while 
necessarily employed in the said location, and the sum of %2 for every twenty miles' travel to 
and from the said county seat, which shall be paid by said Benton County out of the first funds 
arising from the sale of lots in such seat of justice. 

Sec. 18. — The county of Black Hawk is hereby attached to said county of Benton for elec- 
tion, judicial and revenue purposes. 

Sec. Ut. — This act to take effect and be in force from and after its passage. 

Approved, January 17, 1846. 

THE FIRST ELECTION. 

It has been stated that there was an election in Benton County in 1843, on 
the first Monday in August, at which the settlers voted for Linn County offi- 
cers. While the closest inquiry fails to substantiate the fact, it would seem 
that there must have been elections of some sort held prior to 1846, or the 
conclusion must be adopted that Justices of the Peace were appointed by the 
Governor, as it seems to be almost certain that the county had some Justices 
before its organization a"s an independent county. 

Under the act organizing the county of Benton, the appointment of a Clerk 
of the District Court was provided for, presumably by the Judge of the Dis- 
trict Court, but there are no records to show such appointment, or authenticate 
the statement that at the first election there was but one voting precinct in the 
county, and the only voting place was at Parker's Grove, although it is prob- 
able that among the heterogeneous mass of papers in the vaults of the Court 
House, some record might be found. It is here to be remarked that the county 
of Benton owes it to itself to collect, revise and place in suitable condition the 
old papers alluded to. and record such as should be recorded. While the rec- 
ords and papers of the county for the last fifteen or twent3' years, or since 
1863, are well arranged and well kept, prior to that time the archives of the 



HISTORY OF BENTON COUNTY. 316 

county are in a lamentably and inexcusably chaotic state. Many of the rec- 
ords are utterly lost, while numerous papers, many of them doubtless valuable, 
are scattered in a state of almost inextricable confusion in the "great vault." 
The County Commissioners' records are all lost, unless they shall be found by 
a thorough re-exaraination and arrangement of the documents. If these remarks 
shall produce the needed reform, the historian will not have labored in vain. 

Permitted by the county officers to rummage among these ancient documents, 
he found a package marked "Omnium Gatherum; old papers." In this dusty 
package, securely hidden in a musty pigeon-hole among a lot of wolf bounty 
certificates of 1846-7, he found the original abstracts of the elections from April, 
1846, to 1851, which are nowhere on record. Also the certificates of election, 
from which it appears that William J. Berry was the first District Clerk of 
Benton County appointed according to law. He also found one leaf (two 
pages) of the early Commissioners' records, and some other valuable historical 
documents. 

It is said that the first election was held at Parker's Grove, and that Beal 
Dorsey, Stedman Penrose and Lyman D. Bordwell were the Jiidges, and David 
S. Pratt and John Royal were the Clerks. This is probably true. 

ABSTRACT OF AN ELECTION 

lield on the first Monday in April, A. D. 1846, in the county of Benton, Territory of Iowa, for 
the purpose of electing three County Commissioners, one Sheriff, one Commissioners' Clerk, one 
Coroner, one Recorder, one Surveyor, one Judge of Probate, one Collector and Treasurer, one 
Inspector of Weights and Measures, one Assessor, three .Justices of the Peace and three Con- 
stables : 

For County Commissioners — Edwin B. Spencer had 35 votes; Samuel M. Lockhart, '22: 
Stedman Penrose. 3-5 ; Samuel K. Parker, 33. 

For Sheriff — John Royal had 33 votes ; Lewis W. Bryson, 22. 

For Commissioners' Clerk — David S. Pratt had 42 votes. 

For Recorder — Irwin D. Simison had 24 votes; James Downs, 11 ; .Jonathan R. Pratt, •") ; 
D. S. Pratt. 3. 

For Coroner — Fielding Bryson ha<I 41 votes. 

For County Surveyor — Irwin D. Simison had 20 votes ; David S. Pratt, 10 ; Francis J. Ri- 
gaud, 16; Jonathan R. Pratt, 2; Beal Dorsey, 1 ; Jonathan Pratt, 1. 

For < ollector and Treasurer — Real Dorsey had 35 votes; Lewis W. Bryson, 6. 

For Assessor — Isaac Onstott had 27 votes; Price Kendrick, 28. 

For Inspector of Weights and Measures — David S. Pratt had 39 votes. 

For Judge of Probate — Jonathan R. Pratt had 37 votes; James M. Denison, 14. 

For Justices of the Peace — Fielding Bryson had 39 votes ; Irwin D. Simison, 21 ; Stephen 
Holcomb, 21 ; Ch.arles < antonwine. 30: Jonathan R. Pratt, 5 ; Oilman Clark, 14; Stedman Pen- 
rose, 7; (Jeorge Miller, 1 ; Miller, 1 ; *Siven Ilokeui, 1 ; George Cantonwine, 1. 

For Constables — Price Kendrick had 49 votes ; Samuel Stephens, 28 ; Samuel L. Morse, 28 ; 
Beal Dorsey, 38; George Cantonwine, 2; L. D. Bordwell, 2; V. M. Gray, 1. 

(Signed) VVm. J. Berry, 

Clerk nf the District Court. 
• Perry Olipiiant. 

Hartzell IIittle, 

Justices of the Peace. 

From this abstract, which is a copy of the original document, it does not 
appear that a Clerk of the District Court Avas elected. In the vote for Sheriff 
and Assessor, it seems that fifty-five votes were polled at this important and 
doubtless exciting first election in Benton County. 

Although Stephens and Morse had an equal number (nine) votes for Con- 
stable, Clerk Berry appears to have declared Stephens elected, as in a precept 
to the Sheriff he orders that officer to notify Stephens of his election. Stephen 
If(»lcomb was also declared elected Justice of the Peace on the 6th day of April, 
1846, although Simison liad an eipial number of votes. Sheriff-elect Royal 

* Inteudcd fur Stephen Holcorulp. 



316 HISTORY OF BENTON COUNTY. 

took and subscribed the oath of office before Wm. J. Berry, Clerk of the Dis- 
trict Court, April 8, 1846. Samuel K. Parker took the oath of office as Com- 
missioner, April 8, 1846, Spencer a little later, and Penrose on the 13th. It 
is noticeable that the Clerk, Mr. Berry, used an American quarter of a dollar 
for a seal attached to his certificate. The other officers-elect were also duly 
sworn, and entered upon their duties, the most of them in April. 

LOCATION OF THE SEAT OF JUSTICE. 

But little can now be ascertained in relation to the action of Commissioners 
Secrest, Dillon and Downing in the location of the seat of justice of Benton 
County. They probably deposited in the office of the Clerk of the Court, if 
there was one at the time the location was made, if not, with the Commission- 
ers' Clerk, their determination in writing, as required by law ; but if they did, 
it is not preserved — at least it cannot be found. 

From other sources of information and from the remembrances of those who 
were here at that time, the fact is established that the Commissioners met in 
May, 1846, as directed by law, and located the seat of justice of Benton County 
on the northeast quarter of Section 21, Township 85 north of Range 10 west 
of the Fifth Principal Meridian, and it is believed named it 

NORTHPORT. 

The following copy of an order from the page of the County Commissioners' 
records is proof positive that the first county seat was called Northport. The 
record is not dated ; but from other entries and from subsequent events it is 
reasonably certain that the order was passed by the first Board of County Com- 
missioners in June or July, 1846, possibly in May. 

" Ordered, by the County Commissioners, that the County Surveyor of Benton be directed to 
proceed and lay out the town of Northport, the county seat of Benton, on the northeast quarter 
of Section 21, Range 10 west, on the ground selected by the Commissioners appointed by law, 
and that the County Surveyor iiire the necessary chain carriers and stake drivers, and at the 
usual price, and at the expense of the county. The plat submitted by the County Surveyor this 
day is approved of." 

Irwin D. Simison was the County Surveyor who made the plat mentioned 
in the order above. Mr. Bordwell, whose memory of events and dates is • 
remarkably good, says that the town of Northport was laid out early in the 
Summer of 1846 ; that a sale of lots took place and several were bid off, but the 
sale was never consummated. The plat which was made was never recorded ; 
or if it was, no record thereof is now in existence. 

THE FIRST COURT HOUSE. 

Having a county seat, it became essential that a Court House should be pro- 
vided. The Commissioners were equal to the emergency, for the following 
order immediately follows the above : 

Ordered, That the Commissioners' Clerk cause notices to be posted at three places in the 
county for contracts to be received tor building a hewed log Court House at Northport, in Benton 
County, of the following dimensions, viz.: 20x24 feet, two stories high, eight feet between floors ; 
white oak, maple or ash floors — laid in a workmanlike manner — one door below, three windows, 
' f twelve lights each, one in each side of the house and one in the end ; one pair of stairs three 
feet wide — joist white oak timber 4x7 inches, twelve in number; twelve sleepers of good, hard 
limber; three twelve-light windows of the same size up stairs; oak shingle roof with lath or 
slieeting. The upper floor to he divided by partitions into three I'ooms, and to each room a 
door and window; plastered inside and out with lime. The letting of the contract will be by 
sealed proposals to be sent to the County t^ouimissionei-s' Clerk previous to Saturday, 24 (June 
:!), when the lowest bidder will be declared. Bond for the faithful performance of the contract 
will be required. For further information apply to the ("ounty Commissioners' (,'lerk. 



HISTORY OF BENTON COUNTY. 317 

The Commissioners appear to have made three election precincts in the 
county, and appointed Judges of Election as follows : 

No. 1 Precinct — E. 13. Spencer, S. M. Lockhart and James Downs. 

No. 2 Precinct — L. F. North, S. Penrose and G. Clark. 

No. 3 Precinct — S. L. Morse, Jas. Smith, Sr., and I. D. Simison. 

Immediately following this action is the following entry : 

Ordered, That the court for receiving bids for the the Court House he hchl at . 

The fact that at the election, August 6, 1846, there were three precincts 
voting, and that very soon after the precincts were erected into townships, is a 
further indication that the above action was in June or July, 1846. The walls 
of the log Court House were laid upon the site selected at Northport in 1846 
or '47. The town plat Avas recorded February 12, 1848, by Samuel M. Lock- 
hart, Loyal F. North and Thomas Way, County Commissioners ; I. D. Simison, 
County Surveyor (who laid out the town of Northport in 1846). and named 
Vinton, it is said in honor of the Hon. P. Vinton, a Member of Congress from 
Ohio, who sent $50 to be invested in town lots, provided the name of the county 
seat should be changed from Northport and called Vinton, which was done. 
'S(|uire Bordwell says the |50 was invested, but not in Vinton town lots. 
The plat of Vinton, as originally recorded, shows a nice public square, in the 
center of which is rudely portrayed, with a pen, what is supposed to be intended 
for the representation of the Scales of Justice. The term of court in September, 
1848, was held, according to the record, in the log Court House at Vinton. 

SCHOOL DISTRICTS. 

The first Board of County Commissioners, evidently on the same day that 
the above orders were passed, also passed the following : 

Ordered, That Town 86, Range 9, be School District No. 1. 

Ordered, That Town &o. Range 'J, be School District. No. 2. 

Ordered, That as much of Town 85, Range 10, as lies north of Cedar River be School Dis- 
trict No. 3. 

Ordered, That District No. 4 shall commence at northeast corner of Town 8o, Range 9 west, 
then running west along said line two and a half miles ; then south to Parker's Ur.ive; then east 
to the county line ; then north to the place of beginning. 

Ordered, That District No. 5 shall commence at the southeast corner of Town 84; thence 
north along the line to Cedar Kiver; then west to the west line of Town S4 : ilien south along 
the said line three miles; then east tn the place of beginning. 

Ordered, That District No. li shall include all the settlement west of Town 84. 

Orderid, That all settlements west of Range 9 west shall be considered as District No. 3. 

The last order appears to have been an afterthought. On the same stray 
leaf of record are the appointments of Thomas Way, Supervisor of Precinct 2, 
and William Bellows and John Brody, Supervisors in Precinct 1. 

ELECTION OF AUGUST, 1846. 

The oflBcers elected in April could only hold until the first Monday in Au- 
gust following. The orders above quoted in relation to the survey of Northport, 
the county seat, could not be executed before that election, which resulted in 
placing in office an almost entire new Board of County Commi.^sioners, as will 
appear from the following '' Abstract of the votes polled at the August election 
in Benton County, for the purpose of electing county and precinct officers, 
August 6. 1S4<)." At this election there were three voting precincts. No civil 
townships had yet been made : 

For County Commissioners — S. .M. I,ijcklian liad ■'.;{ votes ; Charles Cantun wine. ;'. I : I.. F- 
N-.rth, :)1 ; .1. R. I'rati, 17: S. K Parker, I'J. 

For Clerk of Commissioners' Court — D. S. Pratt liad 3o votes ; Steplien lloUumb, 22. 



318 HISTORY OK BENTON COUNTY. 

For SheriflF — James Downs had 87 votes ; John Royal, 20. 
For County Surveyor — F. J. Rigaud had 35 votes ; I. D. Siuiison, 13. 
For Coroner — Thomas Way had 39 votes; F. Bryson, 11. 
For Recorder — Irwin D. Simison had 10 votes: Lester W. Hayes, 40. 
For Collector and Treasurer — Beal Dorsey had 21 votes ; S. L. VIorse, 23. 
For Assessor— Price Kendrick had 37 votes; L. D. Bordwell, 16. 
For Judge of Probate — J. R. Pratt had 15 votes ; James Denisou, 28. 
For Inspector of Weights and Measures — Aaron Hain had 2 votes. 

Precinct No. 1 — F. J. Rigaud had 23 votes ; L. W. Hayes, 20 — for Justices of the Peace, and 
were elected ; Price Kendrick, 20; James Smith, Jr., 20 — for Constables, and were elected. 

Precinct No. 2 — L. D. Bordwell had 15 votes; G. W. Miller, 10; Oilman Clark, 5 — for Jus- 
tices of the F'eace, and Bordwell and Miller were elected ; James A. Scott, 7 ; Beal Dorsey, 
— 6 for Constables, and were elected. 

Precinct No. 3 — Stephen Holcomb had 6 votes ; Chai-les Canton wine, 6 — for Justices of the 
Peace, and were elected; Adam Kean, 6; Aaron Hains, 6 — for Constables, and were elected. 

Black Hawk Precinct (all of Black Hawk County) — S. W. Hanna had 4 votes ; E. D. Adams, 
4 — for Justices of the Peace, and were elected ; John Melrose, 3 — for Constable, and was elected. 
(Signed) D. S. Pratt, 

CUrk of the Board of Commissioners. 
^ Charles Cantonwine, 

L. D. Bordwell. 

Justices of ihe Peace. 

The law required two Justices to act with the Clerk as a Board of Canvass- 
ers. There was only one, Cantonwine ; but Bordwell had been elected, and the 
Judges so declaring, was duly sworn by the Clerk, and acted as one of the Board. 
Black Hawk County ^voted for Benton County officers at this election, but its 
vote was not very large. There was no Clerk of the District Court elected at 
this election, and yet on the fourth Monday in August, 1846, when the first 
term of the District Court was appointed to be held, J. R. Pratt appears of 
record as Clerk, probably appointed by the Judge, as Berry had been. At the 
same election, forty-one votes were cast for the State Constitution, and seven- 
teen against it. 

THE FIRST POST OFFICE 

in Benton County was established October 1, 1846, and called Vinton. Ste- 
phen Holcomb was appointed Postmaster. From this fact it would seem that 
the name "Northport " was changed to Vinton about that time. 

THE FIRST DEED 

made in Benton County after its organization, and the first recorded on Page 
1 of Book A, Benton County Records, was a deed made by William Mitchell 
and Sarah Mitchell, his wife, to Anderson Amos, conveying forty acres, being 
the southeast quarter of the northwest quarter of Section 34, Town 86, Range 
9. The witnesses were Daniel Wilson and John Brody. The instrument 
was executed and acknowledged before F. J. Rigaud, Justice of the Peace, 
September 25, 1846, and recorded by Lester W. Hayes, October 12, 1847 (6), at 2 
o'clock P. M. 

The second was a warranty deed, executed October 15, 1846, by Charles 
A. Belknap and Elizabeth L. Belknap, his wife, to Levi Lewis, conveying forty 
acres of land, for a consideration of $1 per acre. The witnesses to this deed 
were John L. Shearer and Henry Nelson; and all parties — grantors, 
grantee, witnesses and magistrates — lived in Linn County, but the land was in 
Benton. 

The first record of sale of personal property recorded in the records of Ben- 
ton County was a bill of sale of one yoke of oxen, one two-horse wagon, three 
log chains, one brown cow and one yearling calf, made by Charles Hinkley to 
S. H. Tryon. It was executed and recorded January 13, 1847, acknowledged 



HISTORY OF BENTON COUNTY. 319 

before L. W. Hayes, a Justice of the Peace, recorded by L. W. Hayes, 
Recorder, and witnessed by L. W. Hayes and Joel Nation. 

Immediately following is a receipt given by Tryon to Cluiuncy Leverich, 
in full of all demands against Charles Hinkley. 

VOTE FOR STATE OFFICERS, OCTOBER, 1846. 

Having held two elections in 1846, the settlers in Benton held still another, 
on the :26th day of October, at which they cast their votes for State officers, 
the Constitution having been adopted. The abstract shows the following : 

For Governor — Thomas McKiiight had 28 votes; Ansel Briggs, 13. 

For Congress — Joseph H. Hedrick had 26 votes ; G. C. R. Mitchell, 21 ; S. C. Hastings, 18 ; 
Shepherd Leffler, 10. 

For Secretary of State — James H. Cowles had 26 votes; Elisha Cutter, Jr. il ; E. Cutter, 1. 

For Treasurer — Morgan Reno had 10 votes ; Egbert T. Smith, 26. 

For Auditor — Estiu Morris had 26 votes ; Joseph T. Falls, 10. 

We do certify the above to be a correct abstract of the votes given in Benton County, Iowa, 
October 28, 1846. 

(Signed) Stephen Holcomb, 

Charles Cantonwine. 

(Attest) D. S. Pratt. Justice of the Peace of Benton County, Iowa. 

A MODEL JUDtiE OF PROBATE. 

The following unique document is apparently in the handwriting of Judge 
Mitchell, except the certificate of the Clerk, and leaves the inference that Judge 
Denison had resigned or had not accepted the trust : 

State of Iowa, Benton County, ss.. You dew solomly sware that You will Well And Truly 
support The Constitution of The united States of America And of this State, And faithfully And 
impartially to discharge the duties Required of you by law As Judg of probate, so helpe you 
god. 

This, the 9th day of March, A. 1). 1847. 

(Signed) James Mitcheli,. 

Sworn and subscribed to before me this 9th day of march, A. I). 1847. 

D. S. Pratt, 
Deputy Clerk of the District Court. 

THE FIRST PROBATE COURT. 

Immediately after his appointment and qualification, as above, Judge 
Mitchell appears to have held a Probate Court, and appointed Irwin D. Simi- 
son Administrator of the estate of William Carter, late of Town 85, Range 10. 
It is proper to add that the early proba,te records were collected and accurately 
transcribed by Judge John S. Forsyth. 

Judge Mitchell appears to have had a system of orthography and method ol 
doing business peculiarly his own ; and the transcript of proceedings in the 
first case before him will be found interestino; : 

Probatk Office, Fremont, Benton County, Iowa. 

A transcript of the proceedings had before James Mitchell, Judge of Probate for Benton 
County, Iowa : 

Knoir all men by these Freseu's, That we, Irwin D. Simison, Samuel K. Parker and Beal Dor- 
sey, are lield and stand firmly bound unto James Mitchell, .Judge of Probate, or his successor 
in office in the county of Benton, in the State of Iowa, in the sum of eight hundred dollars, to 
be void on these conditions: If the said Irwin D. Simison shall make and return in the said 
office of Probate Cort of said county, within thre months, A true inventory of all the real estate 
and all the goods, chatties, rights and credits of the estate of William Carter, deceaste, late of 
said county, which have or shall come to his possession or knowledge ; to administer, according 
to law, all the goods, chatties, rights and credits of the said William Carter, deceasett, and the 
proceeds of all his real estate that may be sold for the payment of his debts, which shall at any 
time come to the possession of the said Erwin 1). Simison, administrator of the deceaste William 
Carter, or to the possession of the said Erwin I). Simison, administrator of the deceaste William 



320 HISTORY OF BENTON COUNTY. 

Carter, or to the possession of any person tor liini, and to render a firm oath, a true account of 
his administration witliin one year, and at any other times when required by the .ludge of Pro- 
bate ; to pay any balance remaining in his hands upon the settlements of his acconnts, to such 
persons as the Judge of Probate shall direct : and deliver the letters of administration into the 
Probate Coarte in case any will of the deceased shall be thereafter duly proven nnd alowd. 
In testimony whareof, we have hereunto set our hands and seals, March the ]')th, 1847. 

(Signed) 1. D. Simison, [Seal.] 

S. K. Parker, [Seal.] 
March the 19th, 1847. Beai, Dorset. [Seal.] 

Fild and approved on the day and date above riten. .James Mitchell, Judge of Probate of 
Benton County, State of Iowa, with his private [Seal] affixed, there being no public seal yet 
provided. James Mitchell, 

Judge of Probate. 

State of Iowa, Benton Coitnty, ss., You dew solemnly sware that you well and truly 
administer the estate of William Carter, deseaste, late of said county, to the best of your skill 
and abilities, according to law, so helpe you god. 

(Signed) 1. D. Simison. 

Sworn to and subscribed before me. on the 19th day of March, 1847. James Mitchell, Judge 
of Probate of Benton County, Iowa, with his private seal affixte [T. L.] thereto, being no public 
seal yet provided. James Mitchell, 

Judge of Probate. 

Summons issued by the Judge of Probate of Benton County and State of Iowa, on the 19th 
day of March, 1847, to the following effect, to wit : 

State of Iowa, Benton County, ss.. To the Sheriff of said county. Greeting, in the name 
of the United States of America : You are hereby commanded to summons John Hendershot, 
Charles t'antonwine and George Cantonwine to be and appear before me forthwith, to be sworn 
as appraisers of the estate of William Carter, deceaste, late of said county ; to prosede and ap 
prase said goods and chattels of the said deceaste that may be found in said county. And of 
this writ make lagal service, and dew return, according to law. Given under my hand and Pro- 
bate seal annexte, ther being know seal [S. L.] yet provided by the county. 

Jamks Mitchell, 

March 19, 1847. Judge of Probate of sad county. 

Returned on the 2U day, with the following indorsemente : 

Served the within writ by reading to the within named persons, March the 20th, 1847. 

Beal Dorset, Dept. Sheriff. 

Appraisors appeared on the 20th day of March, 1847, and after being duly sworen acording 
to law, preceded to apprais the property of the deseast, and a return maid their of, as is hereunto 
annexte by the administrator of the estate. 

An inventory and appraisment of the real estate and goods and chatties, rights, credits and 
effects which were of William Carter, late of Benton County and State of Iowa, decesed. taken 
on the 20 day of March, 1847: 

The Clame of the deseased and improvements on the s. w. | of Sec. 82, in To. 85 N. of R. 
10 W. of the 5th pr. mer., $100.00; three flour barrels. 75c.; 2 tight barrels; 200 porke in bar- 
rel, 4.00; 2^ acres wheat in field, 8.00 ; 1 shot gun, 4.00 ; 1 tin bucket, 50c.; 2 small tin pans, 
12^ cts.; 1 large do do, 25 cts.; 1 coffee pot and tin cup. 12^ cts.; stone jar and lard, 50 cts.; 1 
skillet & lid, 75 cts.; 1 small pot, 50 cts.; 4 bushels of corn, 75 cts.; 1 basket, '^^11 cts.; four 
sacks, 25 cts.; ?> pecks buckwheat, at 25 cts.; 25 lbs. salt, 87| cts.; 2 dozen candles, 20 cts.; 1 
muskrat trap, 25 cts.; 1 bushel white beans, 50 cts.; 1 doz. chickens, 1.00; 1 pike and ring, 25 
cts.; 1 bible, 1.0'J ; 1 hymn book, 25 cts ; hunts history of Mormons; 1 olmanac, 10 cts.; IJ 
lbs. shot, 15 cts.; 1 bar of lead, 6 cts . 7 flints, 7 cts ; 1 powder & horn, 25 cts.; one clawham- 
mer, 15 cts.; ^ lb. 4p. nails, 4 cts.; 1 large box, 25 cts.; 1 lb. saleratus, 12 cts.; ] paper, tl cts.; 
1 not mall, 12 cts.; 1 bushel corn, 20 cts.; 11 head stock hogs, 17.00: one yoke oxen, 80.00 ; 1 
yearlin calf, 8.00 ; 1 old ax, 25 cts.; 9 saw logs, 3.00 ; 1 choping ax, 25 cts.; 1 iron wedge, 
75 cts.; 1 frying pan, 25 cts.; 1 raisor, 50 cts.; J set knives and forks, 25 cts.: bed tick, 8.00; 
G. B. White's note for eight and twenty-five cents, to be paid in breaking prairie, 8 25 cts.; G. 
B. White's note, braking 15 acres prairie, 32.50 cts.; 1 pocketbook, 75 cts.; 2 stands bees, 4,00 ; 
Samuel Braggleton's note, for uncertain, 8.00; 1 stirring plow, 4.00: 1 pail, 12 cts.; 1 pitchfork 
&sledd, 1.25. Total amount of the hole inventory, 232 00. March 20th, 1847. Appraisers' 
names, Charles Cantonwine, John Hendershot and George Cantonwine. 

Personally appeaivd Ivwin D. Simison, and being duly sworn, deposeth and sais foregoing 
inventory is according to the present value, as appraised by the foregoing appraisors, and all the 
goods, chatties, lands and tenements tliai has come to his knolledge, in said county, this 20 day 
of March, 1847. J. D. Simison, 

Administrator of the said estate. 



HISTORY OF BENTON COUNTY. 321 

Sworn to and subscribed to on the dav and year above ritten, before me James Mitchell, 
Judge of Probate of Benton County, slate of Iowa, with his private seal affixte [Seal] there 
being no seal yet provided by the county. .Iames Mitchkll, 

Judge of Probate. 
Ordered, by the Judge of Probate, That Irwiu D. Simison shall give notice of his appoint- 
ment as administrator of the estate of William Carter, deseaste, late of Benton County, State of 
Iowa, within the time prescribed by law, by posting up three written advertisements in three 
public places in said county. 

James Mitchell, Judge of I'robate of Benton County, State of Iowa, with iiis private seal 
[S. S.] affixte, there being no seal yet provided by the county. 

James Mitchell, 

Judge of Probate. 

The Judge also ordered the above-named Administrator to offer for sale the 
real and personal estate of the deceased, and then followed an inventory of his 
clothing and record of expense : 

A inventory of the clothing and other private articles left in the hands of the administrator 
of the estate of William Carter, deseaste, of Benton County, State of Iowa, to be delivered to 
the legal Heirs, if called for, to wit: 1 blue broad Cloth coat, one uniform coate, coton, one ging- 
ham Coate, one linen roundabout, one cotton vesting vest, one twilde cotton veste. one Casamir 
veste, one pair of pants, cotton tickin, one pair of linin pants, one neckties, three pare of Cotton 
drilling drawers, one Caronel frocke coate, one Close sack. This, the 14th day of April, 1846. 

I. D. Simison, 
Administrator of the estate of the deceased. 

State of Iowa, Benton County, AVilliam Carter, Dr., 

To John Hendershot, August, 1846: 

To boarde three weeakes, when sick at my house 6 00 

For work done and debt paid for said Carter to Green 5 00 

For expence of keeping and waiting and attending on said Carter in his laste 

sickness, in 1847 15 00 

Hole amounte 26 00 

Fees of Sheriff on summons for John Hendershot, C. Cantonwine and G. Can- 
tonwine, serving and milage to C. Cantonwine, serving and milage to G. 
Cantonwine, serving and milage for John Hendershot — for serving and 
milage for all 1 10 

I do hereby certify that the foregoing is a true coppy of all the papers that came to my 
hands, in the office of Probate Court, in the case of Irwin D. Simison, Administrator of the estate 
of William Carter, deceased. 

Given under my hand, this 20th day of January, A. D. 1852. John S. Forsyth, 

County Judge. 

The second and last act on record of James Mitchell, as Probate Judge, 
was the appointment of " Jackson Tailor " as guardian of " Lydia Ann Wil- 
lard." Jackson Taylor was then a resident of Black Hawk County. 

The first act of Judge D. S. Pratt, who succeeded Mitchell, is dated March 
22, 1848, being the appointment of Samuel M. Lockhart, of Benton County, 
as Administrator of the estate of F. J. Rigaud, which inventoried at f 221. 01. 

The next one is dated April 26, 1848, and was the appointment of 
Stedman Penrose as Administrator of the estate of Gilman Clark, which 
amounted to $253.90. 

SPECIAL ELECTION. 

Until this time, for some cause, the people of the county had not elected a 
Prosecuting Attorney, District Clerk or School Land Commissioner, but at the 
election on Wednesday, April 7, 1847, I). S. Pratt, the Commissioners' Clerk, 
certifies that at an election on Monday, the 5th, the following officers were 
elected, viz.: Prosecuting Attorney, Fras. Jas. Rigaud; District Clerk, D. S. 
Pratt; School Land Commissioner, E. D. Spencer. 

But for some reason — either that the persons elected declined to accept, or 
that there was some serious informality that vitiated the election — a special elec- 



322 HISTORY OF BENTON COUNTY. 

tion was held on the 28th of April following, which resulted differently, as 
shown by the following: 

Abstract of the votes cast at a special election held in Benton County, State of Iowa, on the 
28th day of April, 1847, for county oificers, to wit : One District Clerk, one Prosecuting Attor- 
ney, one School Land Commissioner : 

For Prosecuting Attorney — -James Mitchell had nineteen (19) votes ; Stephen Holcomb had 
twenty-one (21) votes for Prosecuting Attorney, and Fras. Jas. Rigaud had three (3) votes. 

For District Clerk — I. D Simison had thirty-three (S.S) votes, and D. S. Pratt had twelve 
(12) votes. 

For School Land Commissioner — John Royal had thirty (30) votes, and E. D. Spencer had 
four (4) votes. 

May 5, 1847. Attest: D. S. Pratt, 

Com. Clerk. 
L. W. Hayes, 

L. D. BORDWELL, 

Justices of the Peace. 

Mr. Clerk Pratt made the memorandum that "certifficate for Stephen Hol- 
comb issued." 

CONTESTED ELECTION. 

Notwithstanding the action of the Canvassing Board and the issue of the 
certificate to Holcomb as Prosecuting Attorney, Mr. Mitchell appears to have 
contested his right to the office, and successfully, too, so far as the Justice's 
Court before which he brought his case, as appears from the following, which is 
an exact copy of the original : 

We The Undersigned Justes of The peace of Benton Co. state of Iowa After examining 
All the Testimony perdused Before us on A case of the contesting of Alectun of Stephen Hol- 
comb by James Mitchel do finde that the said Mitchel is duly Alected this the 13 day of May, 
1847. 



(Signed) L. W. Hayes, J. P., 

L. D. BoRDWELL, J. p., 

Charles Cantonwine, J. P., 



L. S.] 
L. S.] 
L. S.] 



This document (which appears to have been written by Mitchell) was filed 
May 13, 1847. The case produced considerable excitement, and the little com- 
munity of Benton County was greatly exercised over it. Precisely on what 
ground Mitchell contested, or what authority was vested in Justices of the 
Peace to annul a certificate of election, does not clearly appear, although it is 
clear that they took the responsibility. Mr. Bordwell, one of the Justices, 
states that the Black Hawk County vote was solid for Mitchell — five votes. If 
they were counted, Mitchell was elected ; if not, then Holcomb's certificate was 
valid. It would seem that the returns from Black Hawk had not been received 
when the votes were canvassed on the 5th of May, and the question whether 
the canvass should be re-opened and the vote of Black Hawk opened and 
counted, was the one that must be decided. It was decided, and the Black Hawk 
vote was received and counted, which changed the result, and Mitchell assumed 
to exercise the duties of prosecuting officer, although Holcomb still held his cer- 
tificate of election. 

couldn't stand IT. 

The following is a copy of a paper found among the wolf-scalp certificates, 
filed as "Security Resignation.'" It explains itself: 

To the District Clerk of Benton County: You are hereby notifide that the undersigned, 
security for .James Downs, as Sheriff of said county, will stand as such no longer. You will 
therefore notifide him according to law. 

Dated this 8th day of May, A. D. 1847. 

(Signed) Thomas Way. 



HISTORY OF BENTON COUNTY. 323 



THE FIRST COURT. 

The first term of the District Court was appointed to be held at the house 
of Thomas Way, about two miles northeast of the present Court House, on the 
last Monday in August, 184G. It is said that Way's log cabin was then the best 
house in the county, and was selected as Court House for that reason. Grand 
and petit jurors were summoned, and on the day appointed James Downs, 
Sheriff', and Jonathan R. Pratt, Clerk of the Court, with eighteen grand and 
seventeen petit jurors, assembled at the house of Thomas Way; but, for some 
reason not now apparent, the Judge, Carleton, did not put in an appearance, 
and the Clerk proclaimed an adjournment until the next day. On the second 
day the Judge was still absent, the Clerk adjourned the court without day, and 
the assembled settlers dispersed to their homes disappointed that the "show did 
not come off"." 

By an act of the first General Assembly of the State of Iowa, approved Feb. 
17, 1847, it was provided that "the District Court in and for the county of Ben- 
ton shall be held at such place within said county as the County Commissioners 
may direct." The county had a seat of justice, but there was no Court House 
or any other house there ; and, presumably, the County Commissioners directed 
court to be held at the house of Thomas Way; for on the 31st day of May, 
1847, court was opened there for the first time in Benton County. Present, 
Hon. James P. Carleton, Judge of the District Court; James Downs, Sheriff"; 
James Mitchell, Prosecuting Attorney, and Irwin D. Simison, Clerk of the 
District Court. Way's cabin was in the midst of thick timber, and to make 
room for the august assemblage, Mrs. Way removed her pots, kettles and other 
household utensils to the shelter of a neighboring tree. Having done this, she 
coolly seated herself on a stump near the open door of the cabin, and gazed with 
respectful wonder at the collection of learned heads assembled within to admin- 
ister the law to the backAvoodsmen of Benton County. The Judge was perched 
on a three-legged stool, behind a rough deal table (the only one in the house) 
at the farther end of the little room. At the left of His Honor, seated on a 
low milk-bench, with his books and papers spread out before him, was Simison, 
the Clerk. There were also present, Norman W. Isbell (subsequently Judge 
of the Supreme Court), Isaac N. Preston, John David, D. P. Palmer, John P. 
Cook and Stephen Whicher, members of the bar from other counties. Benton 
County had no lawyer then. 

The court was formally opened by the Sheriff", and dispatched business with 
a rapidity that would startle some more modern courts. 

The grand jury summoned was sworn, as follows: Fielding Bryson, James 
Harmcly, Joseph Remington, John Bryson, Charles Graham, Stephen Brody, 
Jesse Brody, Josiah Helm, David Jewell, William Mitchell, Samuel M. Lock- 
hart, James Polly, Chauncy Leverich, Anderson Amos, James M. Denison, 
Joseph Bryson, Lyman D. Bordwell and Samuel Stephens. Samuel M. Lock- 
hart was appointed Foreman of the Jury, which, after being duly charged, 
retired to the timber to deliberate, in charge of Beal Dorsey, Bailiff". 

The first case of entry is the State of Iowa vs. Joel Leverich, for passing 
counterfeit money, which appears to have been transferred from Linn County on 
change of venue. Leverich was a member of the band of outlaAvs that infested 
this region at the time, and he probably thought that he could get a good jury 
in Benton County. The case was continued to the next term, however, and 
Ambrose Harland, Elijah Evans, Adason Daniels, Lowell Daniels, Nathaniel 
Chapman, Isaac D. Worrall and John Perkins were held in $50 each to ap- 



324 HISTORY OF BENTON COUNTY. J 

pear as witnesses. The accused was not present, and a capias was issued to the 
SheriflF of Linn County for his arrest, returnable at next term of court. [ 

Another indictment against Joel Leverich for having in possession counter- 
feiting instruments, was disposed of similarly. 

On the second day of the term, the case of Samuel Finley vs. William Stur- 
gis (of Black Hawk County), assumpsit, damage $100, which Avas the first civil 
case entered, was withdrawn by the plaintiiF, having been amicably settled by the 
parties. 

June 1st, the second day of the term, William Smyth (afterward presiding 
Judge of the same court) was hanging around the door of the court cabin, wait- 
ing for admission to the bar. The court appointed Messrs. Preston, David, 
Isbell and Palmer a committee to forthwith examine the said Smyth as to his 
proficiency in the law, with instructions to report the result. The committee 
with Smyth in charge, retired to the timber to discuss matters and things in 
general, and incidentally their duty — Smyth's legal knowledge, etc. Allowing 
a proper time to elapse, the committee, arm in arm with Smyth, returned into 
court and reported, whereupon William Smyth was duly sworn and admitted to 
practice in the courts of Iowa. Smyth remembered what was expected of him 
when court adjourned. 

James Mitchell, Prosecuting Attorney, made application for admission to 
the bar, and Messrs. Preston, Palmer, Isbell and David were appointed to ex- 
amine him. They reported that the legal attainments of the applicant were 
not such as to warrant his admission, and his application was denied. 

Immediately afterward, Stephen Holcomb asked leave to file information in 
the nature of a quo warranto against James Mitchell for intruding into the office 
of Prosecuting Attorney ; leave was granted ; the necessary papers were issued 
and served. Mitchell was summoned and appeared before the court by himself 
and by his attorney, I. M. Preston. The relator, Holcomb, appeared by Palmer 
& Isbell, his attorneys. Both parties waived a jury, and after a hearing, the 
court held that Mitchell was guilty, as charged, of intruding into the office of 
Prosecuting Attorney, and that he, the said Mitchell, should be ousted there- 
from. But Holcomb, who expected to succeed the ousted officer, was disap- 
pointed, for, while he recovered his costs — taxed at f 1.87 J — the court held that 
the relator was not entitled to the office, and appointed I. M. Preston to fill the 
vacancy. 

The court adjourned Jan. 1, 1847, having been in session two days, and 
Mrs. Way resumed sway over her natural domain. 

At the time designated for the September term, John Royal* was Sheriff", and 
Irwin D. Simison, Clerk, and were in attendance, but the Judge did not appear, 
and the court adjourned sine die. After the adjournment, the inevitable jug was 
produced, the contents of which soon disappeared, and of the assembled crowd, 
many of them became very drunk. 

* John Royal is said to have been the embodiment of the term " a hale fellow well met," his funny bump being ex- 
ceedingly large. This craving for amusement often led him to spend hours together in the bar-room, where " frolic 
ran riot,'" much to the discomfort of his good wife, who, after trying everything she could think of to break him of this 
habit, at last hit upon the following plan : C. C. Charles opened a saloon on the north side of the public square, in 1851. 
This became Royal's resort. One day, in company with her old friend L. D. Bordwell, Mrs. Royal suddenly stepped 
into the saloon, and adranced to the counter on which the old Sheriff was perched, vigorously sawing discordant music 
from an aged and dilapidated fiddle. On discovering the visitors, his face presented a startling picture of amazement, 
shame and consternation, which first expression disappeared and lent its force to the remaining two, as his wife e.x- 
claimed, " Bring on the whisky, Mr. Charles ! I tell you I am going to have a spree. If there is any enjoyment in 
this way of doing, I am going to participate. Gentlemen, walk up and drink. This is fine, ain't it?" " Huz- 
zah ! huzzah for the old Musquaka Chief, or any other man. Come up, Johnny, my deal', let us have another drink !" 
"Huzzah ! for the Sheriff of Benton County, /or /tijnond his wife are both on a bender. Oh, this is nice!" Royal could 
stand it no longer. He dropped the old violin, and with sadness in his very motion, took his wife gently by the hand ; 
and with voice full of tenderness, said, " Catherine, let us go home. This is no place for as good a woman as you are, 
let us go home, and I will stay with you hereafter." And he kept his word. He was an efficient officer, and respected 
by all. 



HISTORY OF BENTON COUNTY. 325 

ELECTION OF 1847. 

The abstract of the votes polled at an election held in Benton County on 
the 2d day of August, 1847, signed by D. S. Pratt, Commissioners' Clerk, and 
Stephen Holcomb and Charles Cantonwine, Justices of the Peace, was as 

follows : 

For Sheriflf— Beal Dorsey had 20 votes ; John Rojal, ?.3. 

For Judge of Probate— D. S. Pratt had 42 votes : E. D. Spencer, I. 

For County Commissioner — Thomas Way had 24 votes ; Samuel L. Morse, 14 ; L. W. 
Hayes, 15. 

For Commissioners' Clerk — D. S. Pratt had 45 votes. 

For Recorder— D. S. Pratt had 24 votes ; L. W. Hayes, 23. 

For Surveyor — Irwin 1). Simison had 47 votes. 

For Coroner — Fielding Bryson had 19 votes ; E. B. Spencer, 17. 

For Sealer of Weights and Measures — Aaron Hains had 9 votes ; Thomas Lockhart, 11 ; D. 
B. Pratt, 5. 

For Prosecuting Attorney — Aaron Hains had 11 votes ; John Hendershott, 1 ; Stephen Hol- 
jomb, 5 ; Samuel M. Lockhart, 13. 

At this election, the vote for Representative to Congress was as follows : 
Thomas McKnight had 20 votes ; Shepherd Lefler, 34. Benton County was 
then included in the Second Congressional District. 

COUNTY DEBT WIPED OUT. 

It is said that the county in those early times was deeply in debt. A pretty 
large amount of orders had been issued for various purposes until they were 
absolutely worthless, but were still evidences of indebtedness outstanding 
against the county. During the time that Way served as County Commissioner, ir- 
is also said that the county officers determined to make a new departure, destroy 
all the records, and begin anew. Way bought in the county orders. The price 
of a county order, whatever its face, was a drink of whisky. When they were 
all or nearly all purchased in this way, they were burned by Way, and the 
county was relieved from its indebtedness. Whether the records were destroyed 
is uncertain, but it is certain that they are not now accessible, except the few 
papers found by the historian, which have been freely used in this work. 

CIVIL TCW^NSHIPS. 

The Board of County Commissioners for 1847-48, it is presumed, created 
several civil townships ; but singularly enough, there is no record of the creation 
of a single one of them, either by the County Commissioners or the County 
Judge. At the time of the Commissioners' Court in April, 1847, John Royal 
and George Cantonwine were appointed Supervisors of Canton Township, and 
directed " to open and work all legal laid-out roads in said township." An- 
derson Amos was appoi'^ted Supervisor in Township 86 north; Range 9 west, 
and David Jewell in Township 85, Range 9, and Thomas Way Supervisor on a 
certain road "commencinor at the corner of Harrisons field and runninqr to Ed- 
ward's Ford across the Cedar River." Prior to 1851, three more townships, 
viz., Polk, Harrison and Taylor, were created. 

In October, 1847, the Secretary of School District No. 1, in Polk Town- 
ship, reported to the School Fund Commissioners that there were twenty-six 
persons in that district between the ages of 5 and 21 years. 

STATE ROADS IN BENTON COUNTY. 

Section 5 of "An act for laying out and establishing certain roads therein 
named," approved February 18, 1847, appointed James Leverich, of Linn County, 



326 HISTORY OF BENTON COUNTY. 

Charles Cantonwine, of Benton, and William Hunt, of Black Hawk County, 
Commissioners to lay out and establish a State road, beginning at Cedar Rapids, 
thence to or near the house of Mr, Strawn, in Linn County ; thence to the 
county seat of Benton : thence to the Falls of the Cedar. 

By act approved February 2o, 1847, E. B. Spencer, Samuel M. Lockhart and 
William Belles were appointed Commissioners to establish a State road from the 
county seat of Benton County to Quasqueton, Buchanan County. 

Section 10 of "An act to locate and establish certain roads," approved Feb- 
ruary 5, 1851, appointed James Allenworth, of Linn, John Alexander, of Ben- 
ton, and David S. Pratt, of Black Hawk, to locate and establish a State road 
from Center Point to Marysville, Benton County ; thence by the residence of 
James Virden to the Big Woods, via John H. Messinger's, to Rice's old trading 
house. 

Section 25, of the same act, appointed William Williams, of Muscatine, Isaac 
Cook, of Linn, and John Royal, of Benton, to locate a State road from Cedar 
Rapids, via Fremont (Vinton), in Benton, to Fort Clarke. 

Section 45 appointed Samuel C. Trowbridge, of Johnson ; Andrew D. 
Stephens, of Benton, and C. C. Slocum, of Iowa County, to locate a State 
road from Marengo to Fort Clarke. 

Section 30 of "An act in relation to certain State roads therein named," 
approved January 22, 1853, appointed George W. Vorees, of Marshall ; David 
F. Bruner, of Tama, and A. D. Stephens, of Benton, to locate a State road 
from A. D. Stephens' to the southeast corner of Hardin County. 

Section 49, of the same act, appointed E. A. Brown, of Black Hawk ; John 
Blunt, of Chickasaw, and W. C. Stanberry, of Benton, to locate a State road 
from Fremont to Waterloo; thence to John H. Messinger's, in Bremer County; 
thence to Bradford, in Chickasaw County. 

Section 1 of " An act to establish certain State roads," approved January 
24, 1855, appointed James B. Kelsey and Thomas B. Stone,, of Linn, and 
Harrison Bristol, of Benton, to locate a State road from Cedar Rapids ve'a Bear 
Creek Mill, Vinton and Waterloo, to Cedar Falls. 

Section 12, of the same act, appointed Andrew Stein, of Benton ; John Ross 
and David Bruner, of Tama, to locate a State road from Cedar Rapids to 
Toledo. 

Section 9 of "An act in relation to State roads," approved January 28, 
1857, appointed (Wesley) Whipple, of Benton ; James Barclay, of Black Hawk, 
and Thomas R. Talbot, of Fayette, to locate a State road from Vinton, via 
Barclay, Fairbank and Linn, to West Union. 

Section 12 of the same act appointed F. A. Morgan, of Keokuk ; Martin 
Ballard, of Iowa, and S. P. Price, of Benton, to locate a State road from 
Sigourney, via Millersburg, Genoa Bluffs and Kosta, to Vinton. 

TOWNS AND CITIES OF BENTON COUNTY. 

[The first town laid out in Benton County was in the northeast part of the 
county, in 1847 ; but, for convenient reference, all the towns in the county are 
inserted here.] 

Marysville, located on the north twenty acres of the west half of the north- 
east quarter of Section 34, Township 86, Range 9, was laid out May 5, 1847, 
by F. J. Rigaud, County Surveyor ; Joseph Remington, proprietor. Plat 
recorded May 10, 1847, at 8 o'clock A. M. This is the oldest town in the 
county, and was well known to the early settlers as "Hoosier Point." The 
post ofiice at this point is now called Ilrbanna. 



HISTORY OF BENTON COUNTY. 327 

Vinton was located by the Commissioners to locate the county seat, 1846, 
on the northeast (quarter of Section 21, Township 85, Range 10, and named 
Northport by the first Board of County Commissioners, and ordered to be sur- 
veyed in July, 1846 ; but a new Board v/as elected in August, and the record 
was delayed until February 12, 1848, when it was recorded by Irwin D. 
Simison, County Surveyor. The plat was signed by Samuel M. Lockwood, 
Loyal F. North and Thomas Way, County Commissioners, and by them named 
Vinton, in honor of a Member of Congress from Ohio who was anxious to 
perpetuate his name in this way. The town has no existence now, and its 
territory is included in the limits of the present city of Vinton. 

Fremont, located on Lots 5, 6 and 7, of the west half of Section 16, Town- 
ship 85, Range 10, "which point being voted for at the August election, 1849, by 
a majority, to be the seat of Justice of Benton County." Surveyed by Irwin 
D. Simison, County Surveyor, November 24, 1849 ; James Leverich, propri<^tor. 
Plat recorded November 29, 1849. The name of this town was changed to 
Vinton by act of the General Assembly of Iowa, approved January — , 1853. 

Shellsburg, on the southwest quarter of Section 11 and partly on the north- 
west quarter of Section 14, Township 84, Range 9 ; surveyed by H. M. 
Drury, Deputy County Surveyor, June 16, 1854 ; Jacob Cantonwine, Chris- 
tiana Cantonwine, Emanuel S. Fluke and Mary Fluke, proprietors. 

Grand Gulf, on the southwest quarter of the southeast quarter of Section 
17, Township 85, Range 10 ; surveyed April 17, 1854, by H. M. Drury, 
Deputy County Surveyor ; John Alexander and Nancy Alexander, proprietors. 
Now a part of the city of Vinton. 

Geneva, on the northAvest quarter of the southwest quarter and the southwest 
quarter of the northwest quarter of Section 3, ToAvnship 84, Range 11 ; sur- 
veyed by Wesley Whipple ; R. N. Van Cleaf and Susanna Van Cleaf, proprie- 
tors. Plat filed for record March 20, 1855. 

Wilmington, located on Section 4, Township 85, Range 9 ; surveyed by 
Wesley Whipple, November 9, 1855; Lewis Berry, Eliza Berry, Conrad Bink- 
hart and Sarah Binkhart, proprietors. Plat filed for record, 1858. 

Irving, on the northwest quarter of the northwest quarter of Section 6, 
Township 82, Range 12 ; October 10, 1855 ; Samuel Hutton, proprietor. 

Benton City, located on Section 20, Township 85, Range 9, south of the 
river ; surveyed by Joseph Owen ; John Royal, Catherine Royal, John Graham 
and Lucinda Graham, proprietors. Plat filed for record June 16, 1856. This 
was then a thriving little town. John Graham built a hotel there in 1855-6. 
It was probably surveyed as early as 1854-5. Dr. S. E. Warner located there 
in 1855. W. C. Stanberry advertised in August, 1855, at Benton City, " the 
largest and best-selected stock of goods ever offered for sale in Benton County." 
Benton City □ A., F. & A. M. was instituted IT. D. October 31, 1855, and 
chartered June 4, 1856, but was removed to Shellsburg prior to 1864. The 
line of the B., C. R. & N. R. R. was first located to pass through or near the 
town, but the location was afterward changed. The glory of the town long 
since departed, and it no longer exists save in history. 

Eden, south half of the southwest quarter of the southwest quarter of Sec- 
tion 1, and part of Section 12, Township 84, Range 10 ; surveyed by Newell 
Colby, January 14, 1856 ; Jacob Leamer and Rebecca Leamer, proprietors. 
Plat filed for record January 19, 1856. 

Guinnville, part of the northeast quarter of Section 30, Township 82, Range 
12; surveyed by Wesley Whipple, October 30-31, 1856; John E. S. Gwinn 
and Caroline Gwinn, proprietors. Plat filed for record November 8, 1856. 



328 HISTORY OF BENTON COUNTY. 

Brooklyn, in Benton and Black Hawk Counties; surveyed April 3, 1856, 
by N. Colby; H. N. Brooks, proprietor. Plat filed for record March 13, 1857. 
Defunct. 

Williamsburg, on Section 11, Township 86, Range 10 ; surveyed by Wesley 
Whipple, March 20, 1857 ; William L. Jones, Abigail Jones, L. W. Bryson 
and Mary A. Bryson, proprietors. Plat filed for record March 31, 1857. 

West Vinton, on the southwest quarter of the southeast quarter of Section 17, 
Township 85, Range 10; surveyed by Wesley Whipple, March 25, 1857 ; Edwin 
Humphreville, I. C. Rhodabeck, Hannah B. Stoughton and William Stoughton, 
proprietors. Plat filed for record March 30, 1857. Now a part of Vinton City. 

Manatheka, parts of Sections 26 and 35, Township 86, Range 9 (near 
Marysville) ; surveyed by Wesley Whipple, March 31, 1857 ; William Reming- 
ton, Elizabeth Remington, John Ferguson, Nancy Ferguson, Theodore Stevens 
and Lucy Stevens, proprietors. Plat filed for record April 4, 1857. 

Belle Plaine, on the east half of and northwest quarter of the southwest quar- 
ter of Section 20, Township 82, Range 12, embracing thirty acres ; laid out in 
March, 1862 ; John I. Blair, proprietor ; G. F. Kirby, Surveyor. Plat filed 
for record May 12, 1862. 

Blairstown, on the southwest quarter of Section 13 and the southeast quar- 
ter of Section 14, Township 82, Range 11 ; surveyed by G. F. Kirby in the 
Spring of 1862 ; John I. Blair, proprietor. Plat filed for record May 12, 1862. 

NorAvay (now Florence), on the northeast quarter of the northwest quarter of 
Section 20, Township 82, Range 9; surveyed June 10, 1863, by P. P. Smith, 
County Surveyor ; Ormond Tuttle and Helen Sophia Tuttle, proprietors. Plat 
filed for record July 21, 1863. 

Luzerne, on the northeast quarter of the northeast quarter of Section 24, 
Township 82, Range 12, and partly on Section 19 ; B. B. Hent, Sui'veyor ; Isaac 
B. Howe and Hannah R. Howe, proprietors. Plat filed for record Apri 17, 1868. 

Mount Auburn, on the south half of Section 14, Township 86, Range 11 ; 
surveyed by P. F. Randall ; Milton S. Hall, Sarah A. Hall, Thomas D. Lewis 
and Mary A. Lewis, proprietors. Plat filed for record June 19, 1871. 

Benton, on Sections 28 and 29, Township 85, Range 11 ; surveyed by C. 
G. Johnson in April, 1873 ; Jonathan Barkdoll and Susan Barkdoll, proprie- 
tors. Plat filed for record July 22, 1873. 

Watkins, on the southwest corner of Section 23 and the northwest corner of 
Sec. 26, Township 82, Range 10 ; surveyed by Hiram Lipe in May, 1874 ; Charles 
G. Turner and Eliza Turner, proprietors. Plat filed for record Aug. 16, 1874. 

THE COURTS IN 1848. 

April 24, 1848, the court was again held in the house of Thomas Way. 
James P. Carleton was Judge ; John Royal, Sheriff * ; John Alexander, Prose- 

* In the early days of Yinton, two of the county officers agreed together to celebrate Christmas " in tho good old 
way," and have a jolly time. It is naid that when Lawyer " Jack " came to Benton County he provided him^elf with a 
good supply of " Maynard & Noyes' " best black ink in quart bottles. These bottles were placed on the shelf in" the 
house that Jack built," and the neighbors, seeing a good opportunity to " borrow some ink till they could send and get 
some," some of the bottles, as a consequence, were soon emptied of their contents, but were replaced on the shelf along 
with the full ones. Tlie two friends were greatly perplexed for something to put their whisky into. Suddenly Lawyer 
J. bethought him of the empty ink bottles, and seizing a couple of them, joinad his friend, who was shivering in the 
cold, and together they washed them in the creek. They were soon filled with " corn juice." But the county officials 
could not rest content with it all in the bottles, su thej' transferred a generous portion of it to their capacious "bread 
baskets." The effect of all this was to produce a feeling of drowsiness, and for a time sought repose in a friendly fence 
corner; becoming tired of this, they made their way to the house to sit by the fire. But Jack could find neither wood, 
matches nor shavings ; however, placing the bottles in their old places on the shelf for safety until he could raise a 
light. Not succeeding in this, he sought consolation in the " tanglefoot," and taking down a bottle, courteously handed 
it to his friend, who hastily swallowed a heavy draught ; but instead of peaceably handing it back to his waiting companion, 
he accused him of playing a trick on him by filling the bottle with something besides whisky, and threw the contents 
in Mr. Jack's >ace and on his clothing ; tlie assaulted man rushed into the other room, and after some words they both 
settled down to rest. Karly in the morning they were startled by the piercing scream of Jack's wife, who ejaculated 
that " there was a big niijger in her bed." A case of " mistaken identity " in the bottles was the cause, as was shown by 
the investigation that followed. 



HISTORY OF BENTON COUNTY. 329 

cnting Attorney ; I. D. Simison, Clerk ; and the court records show that I. 
M, Preston, S. A. Bissell, William Leffingwelland William Smyth were present 
as attorneys. The second grand jury was impaneled as follows : E. B. Spen- 
cer, John S. Forsyth, Jacob Remington, Samuel Osborn, Joseph Bryson, Beal 
Dorsey, Charles Cantonwine, Loyal F. North, George Cantonwine, William 
Ball, Stedman Penrose, Michael Cantonwine, Jacob Cantonwine, Elias H. 
Keyes, Michael Zimmerman and Frederick Zimmerman. John S. Forsyth was 
appointed Foreman, and the jury retired to the timber as before for consulta- 
tion, in charge of the Bailiff, David S. Pratt. 

At this term, the first petit jury was impaneled as follows: James Downs, 
Joseph Sanders, William Mitchell, James M. Denison, Price Kendrick, Lyman 
D. Bordwell, Thomas Lockhart, David S. Way, David Cantonwine, William 
Davis, John Hendershott, James Worley, Welcom Martin, George B. Pratt, 
Nathaniel Adams, Chauncy Leverich, Charles Hinkley, Thomas Way, Sam- 
uel Stephens, William Davis, Jr., and John Mason. 

The indictment against Joel Leverich for passing counterfeit money, con- 
tinued from last term, was quashed. The other indictment against Leverich, 
for having implements for counterfeiting in his possession, was tried, but the jury 
brought in a verdict of " not guilty." Joel Leverich, although a member, it is 
said, of a gang of outlaws infesting the country at that time, was one of the 
shrewdest of the tribe, and never could be caught. He always " got off," as in 
this instance. 

September 18, 1848, the third term of court was opened in the county, and 
was held, so says the record, in the log court house at Vinton, the first and the 
last term of court ever held at the original county seat. Although the record 
declares that this term of court was held at the court house, the facts are that 
the court assembled there, but there was no roof on the building, no floor — noth- 
ing but the bare log walls. A seat was provided for the Judge in one corner 
by placing a piece of board across the corner in the crevices between the logs, 
and a shower coming up, some more pieces were thrust into the chinks over his 
head to protect him from the rain. Court was opened in this primitive " court 
house," and then adjovirned to the cabin of William Davis, which stood on Sec- 
tion 15, where the business of the term was transacted. The grand jury occu- 
pied a log blacksmith shop in the vicinity. 

At this term John Lewis recovered $300 of Samuel K. Parker for slander. 
Charles Hinkley, indicted for arson, was tried, convicted, and sentenced to pay 
a fine of one cent and be imprisoned in the State Penitentiary for one year. 
This was the first conviction for a criminal offense in the county. 

MAIL FACILITIES. 

By joint resolution approved January 24, 1848, the General Assembly of 
Iowa asked for the establishment of a mail route from Tipton, Cedar County, 
via Pioneer Grove and Marion, to the county seat of Benton. Also of a mail 
route from Cedar Rapids, via the county seat of Benton, to the falls of the 
Cedar River in Black Hawk County. 

ELECTIONS, 1848. 

At the election held April 3,1848, Elias H. Keyes was elected School Fund 
Commissioner, receiving 38 votes ; John S. Forsyth, his competitor, received 34 
votes. The votes of Taylor and Polk Townships for Justices of the Peace at 
this election Avere canvassed by the County Board. In Taylor, Stephen Hoi- 



330 HISTORY OF BENTON COUNTY. 

comb had 14 votes; Lester W. Hayes, 13; and Fleming Sanders, 12. In 
Polk, John S. Forsyth had 19 votes, and Edwin B. Spencer, 16. 

The abstract of the votes for county officers at the election, August 7, 1848, 
is not among the papers found by the historian, but Elias H. Keyes appears to 
have been elected Clerk of the Commissioners' Court, and Loyal F. North re- 
elected County Commissioner. For State officers, however, the abstract is 
preserved : 

For Auditor of S*ate— Joseph F. Fales had 44 votes ; AVilliam A. Warren, 26 — 70 votes cast. 
For Secretai-y of State — John M. Coleman had 28 votes ; Josiah H. Bonney, 39 ; William A. 
Warren, 1. 

For State Treasurer — Robert Holmes had 27 votes ; Morgan Reno, 42. 

For Member of Congress — Timothy Davis received 29 votes ; Shepherd Leffler, 41. 

From these returns it appears that the voting population of Benton County 
had not materially increased since 1847. One can scarcely realize, as he visits 
this rich and densely populated county in 1878, that only thirty years ago there 
were only seventy voters within its limits. 

GROCERY BOND. 

Among the curiosities of thirty years ago is a bond given by Chauncy 
Leverich, with G. A. Thompson for security, from which it appears that 
" Chancy," as his name is signed, took out a license on the 3d day of July, 
1848, to keep a grocery for one year. The bond was in the penal sum of $100, 
and the condition was as follows : " Now the condition of the above obligation 
is such, that if the said Chancy Leverich shall keep an orderly house, and will 
not permit any unlawful gaming or riotous conduct in or about his house, then 
this obligation to be void, otherwise to be and remain in full force and virtue in 
law." That the keeper of a grocery should be required to take out license and 
give bond, sounds odd in these later days ; but it must be remembered that in 
those early days a grocery was a saloon as well as a grocery store, and Leverich 
drew around him the more reckless and lawless elements in a community that 
was then under the dominion of outlaws and horse thieves. The bond Avas 
?iven to comply Avith the forms of law ; and if it was violated, as it probably was 
hundreds of times, it was neither expected nor designed that it was to be en- 
forced. If it was, there was no court to enforce it. 

SCHOLARS IN 1848. 

Among a lot of old papers on the floor of the vault in the Court House, while 
searching for lost records, the historian found two, from which the following 
statement is compiled. It is proper to remark that the inspectors reported " no 
schools " : 

November, 1848, L. F. North, School Inspector of Canton Township, re- 
ported the number of schools in District No. 1 to be 19 ; in District No. 2, 42, 
and District No. 3, 12. I. D. Simison, Inspector of Taylor Township in 
1848, made a more elaborate report, and included the heads of families and 
the number of scholars in each family, as follows : District No. 1, William 
Mitchell's family had 4 ; Albert Johnson, 1 ; Thomas Way, 6 ; Mrs. Smith, 
4 ; Mrs. M. iVI. Way, 1 ; Michael Zimmerman, 5 ; David Wilson, 6. 
Total, 23. 

District No. 2, John Edwards, 2 ; John Alexander, 3 ; Varnum Helm, 4 ; 
Daniel Carlisle, 1 ; George Adams, 4 ; Mrs. Chauncy Leverich, 1 ; William 
Davis, 1 ; John Royal, 2 ; James Sanders, 4 ; Francis Sanders, 1 ; G. B. 
White, 4. Total, !28. 



HISTORY OF BENTON COUNTY. 331 



RE-LOCATION OF THE SEAT OF JUSTICE. 

The town of Nortliport was laid out in 1846 ; was re-surveyed and re-eliris' 
tened Vinton in February, 1848, on the northeast quarter of Section 21, on 
the spot Avhere the County Seat Commissioners drove the county seat stake. 
During the following Summer and Fall, Chauncy Leverich, John Alexander 
and others interested in property lying nearer the river, where the present 
business portion of Vinton nt)w stands, determined to make an attempt to move 
the county seat, and accordingly circulated a petition asking the Legislature to 
grant a re-location by a vote of the people. To prevent all opposition and 
make the thing doubly sure, at the same time when they circulated the petition 
they carried a remonstrance, which they asked all to sign who would not put their 
names to the petition. In that way they secured the signatures of nearly all 
the citizens of the county, and when obtained, they cut the names from the 
remonstrance and attached them to the petition. By this sharp practice, they 
were able to make a very strong showing to the General Assembly, and without 
opposition secured the passage of an act as follows : 

An act to provide for the location of the county seat of Benton County : 

Sec. 1. Br it enacted f>>/ the General Assembly of the State of Iowa, That the legal voters of 
Benton County shall vote, at the next April election, for such points iu said county as they may 
deem proper ; and if, upon canvassing the votes, it is ascertained that any one point has received 
a majority of votes over all others, then the point receiving such majority shall be and remain 
the permanent seat of justice of said Benton County ; but if no point shall receive such majority, 
then and in that case the said legal voters of said county shall vote for the two points receiving 
the highest number of votes at said April election, at the next August election, and the point 
receiving the highest number of votes at said August election shall be and remain the permanent 
seat of justice of said Benton County. 

At the election held on the 2d day of April, 1849, the friends of removal 
came very near removing the county seat farther than they desired — to the 
other side of the river, two or three miles from the present Court House. One 
more vote for that location would have carried it. 

The following extract from the abstract of the votes, made by E. H. Iveyes, 
Clerk of the Board of County Commissioners, and Fleming Sanders and 
David S. Way, Justices of the Peace, is an interesting item of history : 

" The southeast fourth of the nt>rtheast quarter of Section three (3) in Town- 
ship 85 north of Range 10 west of the 5th P. M., received fifty-seven votes for 
tlie county seat of Benton County ; Lots Nos. 5, 6, 7 and 8 of the west hjilf of 
Section 16, Township Sij north of Range 10 west of the 5th P. M., as shown by the 
plat made by the Trustees of Taylor Township, in the county aforesaid, made 
on the 17th day of March, 1848, had fifty-seven votes." 

A COMPACT AND ITS RESULT. 

By the terms of the act, if no point received a majority of the votes at the 
April election, the people were required to vote again in August. But the close- 
ness of the vote in April alarmed those who had anticipated no serious opposi- 
tion to their scheme of moving the seat of justice from Northport (A'inton) to a 
spot nearer the river. In April, both points voted for, received an equal num- 
ber of votes. Mr. Bordwcll was unavoidably called away on that day. He, 
had he remained at home, would have voted, as he says, in favor of the location 
on Section 3, which would have moved the county seat some distance farther 
than was desirable. Something must be done. " Uncle Tom " Way had con- 
trol of seven votes. At the April election, he had voted the '"seven " in favor 
of Section 3. Should he repeat the operation in August, the result might be 



332 HISTORY OF BENTON COUNTY. 

fatal to the hopes of the west side people. At this junction, John Alexander 
and John Royal went over to Way's and remained there a day and a night, and 
at last made a solemn compact with " Uncle Tom," that if he (Way) would 
attend the election and vote his "seven " in favor of Lots 5, 6, 7 and 8 of the 
west half of Section 16 for the county seat, they (Royal and Alexander) would 
exert all their influence to elect him (Way) to the office of Treasurer and 
Recorder. The compact made, the high contracting parties shook hands across 
the head of a whisky barrel, and Alexander and Royal, elated with their suc- 
cess, returned to the future site of the capital of Benton County, confident that 
the election, so far as their wishes and interests were concerned, would result as 
they desired. 

On the day of the election, " Uncle Tom," Avith his crowd and with the 
inevitable whisky jug slung over his shoulder, appeared, voted his " seven " as 
he had promised, and the canvass of the votes by Clerk Keyes and Justices F. 
Sanders and Charles Cantonwine showed the result as follows : Lots 5, 6, 7 and 
8 of the west half of Section 16, Township 85, Range 10, received sixty-two 
(62) votes ; the southeast quarter of the northeast quarter of Section 3, Town- 
ship 85, Range 10, received twenty-five (25) votes. This settled the vexed 
question, and Vinton was no longer the county seat of Benton County. 

Way had faithfully fulfilled his part of the contract. Were the other parties 
as faithful ? The impartial historian is compelled to admit that the weight of 
evidence is against them ; for, upon counting the votes for Treasurer^ and 
Recorder, it was found that Way had received only thirty-six votes, while his 
successful competitor, Johnson, received forty-four votes. 

FREMONT. 

In November following, James Leverich, who had purchased the claim of 
Chauncy, laid out a town on the lots above mentioned, and called it Fremont, in 
honor of" Gen. John C. Fremont, which became the capital of Benton County. 

THE FIRST COURT HOUSE 

was a small, two-story frame building, that stood on the southeast corner of the 
Public Square. The frame was put up, the roof covered, and the walls sided 
up before the town was platted (probably before the votes were taken as above,) 
by Leverich and other friends of removal, as an inducement for the people to 
vote for that location. It thus stood, a mere shell, without floors, doors or 
windows, until 1851-2, when it was partially finished. A floor was laid in the 
lower story, doors and windows put in, so that the District Court could occupy 
it. The upper story was finished and divided into two rooms, in one of which 
the county offices were located. A flight of rough stairs on the outside of the 
building led to the second story. 

THE ELECTION OF 1849. 

On the 2d day of April, 1849, Joseph Rouse was elected Recorder and 
Treasurer, probably to fill a vacancy, over Aaron Haines, by a vote of forty- 
seven to forty -two. 

The election in Canton Township was held at the house of Jacob Canton- 
wine, and L. F. North had eight votes and Charles Cantonwine seven votes for 
Justice of the Peace. " David Cantonwine had six votes, E. R. Buchanan had 
two votes, William Fish had four votes, William Daws had two votes, P. Kis- 
linger had one vote," but for what office does not appear. 



HISTORY OF BENTON COUNTY. 333 

The abstract of the number of votes at the election for county officers on 
Monday, August 6, 1849, shows a slight increase of voting population: 

For Recorder and Treasurer — James Johnson had 44 votes; Thomas Way, o6. 

For Coroner— George B Pratt had 11 votes; C. J. Pitts, 1 ; Charles N. Moberly, 10 ; James 
Hamting, 1. 

For Sheriff — Cyrus C. Charles had 4') votes ; James Downs. 41. 

For County Commissioners' Clerk — James Johnson had 8 votes; George B. Pratt, 25; A. 
Cantonwine, 6; E. H. Keyes, 14; J. T. Simison. 1. 

For Prosecuting Attorney — John Alexander had 10 votes. 

For County Surveyor — I. D. Simison had 60 votes ; D. Simison, 1. 

For County Commissioner — Samuel M. Lockhart had 40 votes ; L. D. Bordwell, 16 ; I. D. 
Simison, 1. 

For Clerk of the District Court — I. D. Simison had 4-5 votes. 

For Sealer of Weights and Measures — William Ball had 30 votes. 

For Judge of Probate — John Alexander was elected; vote not given. 

RESIGNATION. 

E. H. Keyes resigned the office of Clerk of the Board of County Commis- 
sioners, October 1, 1849, which would indicate that George B. Pratt, elected as 
above, declined to accept. W. R. Johnson appears to have been appointed 
Clerk pro tern. 

THE riRi^T MILL 

erected in Benton County was built on Mud Creek, about a mile and a half 
southeast of Fremont, in 1849. The enterprising proprietors were John Royal 
and Cyrus C. Charles. 

didn't ketchum. 

Some time in 1849, a stranger accompanied by a woman appeared in Vinton. 
He gave the name of Ketchum, and soon after his advent engaged in the saloon 
business. Erelong a woman came to toAvn, and gave her name as Mrs. Ketchum, 
the lawfully wedded wife of the saloon keeper, whom she had come to see. She 
did not propose to tolerate Ketchum's weakness for getting married while she 
was still able to get around. She was rather an energetic woman, for she had 
a warrant for her husband's arrest placed in the hands of Deputy Marcus Webb 
within two hours after her arrival. Webb made the arrest, took his prisoner 
before Justice Brubacher, and, having other business to attend to, left him in 
the custody of Constables Stanbury and Bob Quail, Doctor Bufium was 
engaged by the prisoner to defend him, and had gone with him to Justice Bru- 
bacher's. Pending the appearance of Avitnesses, a jug of whisky was sent for, 
and the Justice and the attorney for the defense sat down to play a friendly game 
of "seven-up." Quail having been out late the night before, went into an 
adjoining room, lay down, and was soon fast asleep. About the time Brubacher 
was two points ahead in his second game with Buftum, Ketchum asked permis- 
sion to leave the room a few minutes, which Brubacher considerately granted. 
That was the last ever seen of Ketchum in Benton County. He had made 
good time. Diligent search was made, but he was beyond the reach of the offi- 
cers. Brubacher was indicted at the next term of the District Court for keep- 
ing a gambling house, and both he and Buffum were indicted for gambling ; but 
owing to informality in the papers, both were discharged. 

In the Spring of 1850, Major Wood, of the regular army, encamped in 
the southeastern part of Iowa Township, with two companies of dragoons 
and a detachment of infantry. The cavalry were commanded by Major 01m- 
stead, and infantry by Major Johnson. The encampment was named " Camp 
Buckenough." This location was made a temporary depot of supplies which 
were being hauled from the Mississippi River to the stockade Avhich had been 



384 HISTORY OF BENTON COUNTY. 

ordered to be erected where Fort Dodge now stands. The command remained 
two or three months, when the battalion was divided, part being sent to Fort 
Leavenworth, and the remainder to Fort Dodge. 

ELECTIONS OF 1850. 

The Spring election in 1850 occurred on Monday, April, 1. At this elec- 
tion, James F. Beckett was elected School Fund Commissioner and also Com- 
missioners' Clerk. 

At the general election held August 5, 1850, the following county oflBcers 
were elected : 

• County Commissioner — James Rice received 66 votes ; his competitor, E. H. Keyes, S'.i — 
total, 105. 

Charles W. BuflFum was elected Clerk of the District Court, having received 40 votes ; I. D. 
Simison, 26; William S. Read, 4, and John Brachen, 2. for the same office. 

For Commissioners' Clerk — James F. Beckett received 14, and James Johnson, 1. 

For State officers the vote of Benton County at this election was as follows : 

For Governor — James L. Thompson received 46 votes ; Stephen Hempstead, 58. 
For Secretary of State — Isaac Cook received 55 votes; George W. McCleary, 51. 
For Auditor of State — William H. Seevers received 51 votes; William Patter, 54. 
For Treasurer of State — Evan Jay received 51 votes : Israel Kister, 55. 

For Representative to Congress, Second District — William H. Henderson received 53 votes ; 
Lincoln Clark, 54 ; total vote for Congressman, 107. 

THE INDIANS. 

Although the Indians ceded a portion of the county to the United States in 
1837 and the remainder in 1843, they roved over the country as late as 1854. 
They had a favorite camping place on the east side of the Cedar River, near 
Mr. Thomas Way's. The spot was chosen partly, perhaps, because "Uncle 
Tom " always had a good supply of fire-water. They came here every year 
and spent several days in celebrating some of their mystic rites, religious 
dances, etc. Upon one occasion, Mr. James Rice gave them a fine puppy, 
which they sacrificed to the Great Spirit with much ceremony, holding a 
war dance as a part of the exercises. The Indians were many times accused 
of committing depredations of which they were not guilty. They were very 
convenient scapegoats for horse thieves. Berry Way, " Uncle Tom's " 
renegade son, used to steal and run off their ponies during their annual 
encampment near his father's house. Stealing them during the night, Berry 
would always he at home the next morning, and when the " reds " entered com- 
plaint, he was on hand to assist them in efforts to discover the missing animals, 
but always sent them on the wrong trail. 

Berry Way and another young man, well known thieves of Benton County, 
made a trip through Black Hawk County in March, 1846, stopping all night 
at a logging cabin, built by " Cedar" Johnson a year or two before, near Big 
Creek, then occupied by James Newell. The next morning they proceeded up 
the river to the vicinity of the Turkey Foot Forks ; spent that night with " Big 
Wave," a prominent Winnebago Chief, and to requite his hospitality, stole two 
valuable horses from him before daylight in the morning. About twenty of 
Big Wave's band pursued them, and found them at a singing school near 
Center Point. They threatened to shoot the trio, but the settlers interfered, 
and persuaded the Indians it would be best to place the thieves under arrest 
and let the law take its course. The scoundrels were accoi'dingly confined in 
jail at Marion, but soon after escaped. 



HISTORY OF BENTON COUNTY. 335 



THE DARK AGES. 



On the confines of American civilization, as its resistless tide swept onward 
toward the setting sun, and its waves broke against the boundaries of Indian 
territory only to gather new strength, overleap them and rush onward to the 
next barrier, there were always hovering, like spies in advance of an invading 
army, a swarm of bold, reckless, adventurous and enterprising spirits, many of 
whom were ci'iminals. The broad, untrodden prairies and the trackless forests 
furnished admirable refuges for those whose crimes had driven them from com- 
panionship with honest and law-abiding people, to seek both safety and 
immunity beyond the reach of Sheriff's and courts of law. 

Hovering there, where courts and civil processes could afford but a weak 
bulwark of protection, or none at all, against their evil and dishonest purposes 
and practices, the temptation to prey upon the comparatively unprotected sons 
of toil, rather than to gain a livelihood by the slow process of honest industry, 
has often proved too strong to be resisted. Some of these reckless characters 
sought the outskirts of advancing settlements for the express purpose of theft 
and robbery ; some, because they dare not remain Avithin reach of efficient laws; 
others, of limited means, but ambitious to secure homes of their own, and with 
honesty of purpose, exchanged the comforts and protection of law aff"orded by 
the old, settled and populous districts for life on the frontiers, and not finding 
all that their fancy painted, were tempted into crime by apparent immunity 
from punishment, or driven to it for protection against their immediate neigh- 
bors. In new countries, the proportion of the dishonest and criminal has often 
been greater than in the older and better regulated communities where courts 
are permanently established, and the avenues of escape from punishment for 
wrongdoing more securely guarded. 

When the whites first began to enter upon and possess " the beautiful land " 
west of the Mississippi, there were but two counties north of the State of Mis- 
souri and west of the " Missis-Sepo " — The Mighty River. These were 
Dubuque and Des Moines. They extended from the flag-staff" at Fort Arm- 
strong, fifty miles westward, and from Missouri State line northward to the line 
of the neutral ground, or Winnebago Reserve. It was a vast extent of country, 
which aff"orded secure concealment for a horde of outlaws and desperadoes who 
preceded permanent settlement, and sought abiding places on the extensive 
western boundary of these two counties, as near the Indians as they could dwell 
in safety. 

And when the rich prairies, away from the immediate vicinity of the Mis- 
sissippi, began to attract honest immigration, the earliest settlers generally 
found these characters in advance of them, and others came to remain for a 
season in the midst of the industrious, toiling pioneers, to prey upon their sub- 
stance, knowing full well that in the then unorganized condition of society, 
they were sure of comparative freedom and immunity from detection and punish- 
ment. 

In 1837, when the second Indian purchase in Iowa was made, again there 
was a gathering of these reckless, daring law-breakers on its western confines. 
About that time, the country began to be flooded with counterfeit money — in 
fact, it is said, there was more counterfeit money than there was of good. 
Occasionally — and the occasions were rather more frequent than angels' visits — 
a horse would be stolen. No one could tell where the counterfeit money came 
from, nor where the stolen horse was hidden. At last horse stealing became so 
general and was so successfully prosecuted that when a farmer missed a horse 



336 HISTORY OF BENTON COUNTY. 

from his stable or his pasture, he never hunted for him beyond a half mile from 
his premises. It was useless, the gang was so well organized, and had such a 
perfect system of stations, agents, signs and signals. 

As has been shown, a strip of land on the east side of this county, com- 
prising about one Range (9th) of townships, was embraced within the limits of 
the "one million, two hundred and fifty thousand acres" purchased by the gov- 
ernment of the United States from the confederate tribes of the Sac and Fox 
Indians, at a treaty held at the City of Washington September 21, 1837. 
This part of the county was open for settlement, therefore, for about six years 
before the remaining portion Avas vacated by the Indians, May 1, 1843. The 
land was not surveyed, and very few settlers located in the county prior to 1843. 
Shortly after the Indians were removed, in May of that year, settlements began 
to increase, and as the county began to be more populous, a number of persons 
settled in Linn County, and some of them over the Linn County line, on the 
strip above mentioned, whose habits and practices gave rise to the suspicion that 
they belonged to a regularly organized gang of law breakers, horse thieves and 
counterfeiters. They had no visible means of support, and were almost con- 
stantly coming and going, wore good clothes — that is to say, they dressed better 
than the honest, toiling farm makers — had plenty of money, and were ready at 
all times and on all occasions to pay their Avay. 

These people were shrewd, cunning and secret in their business maneuvers. 
To their immediate neighbors they were obliging, kind, and charitable where 
charity was needed. They wore an outward garb of respectability, and so 
hedged themselves as to escape detection and exposure for many years. 

Nor was this bold and illegal organization of recent date, nor was it born on 
Iowa soil. During the Revolutionary war the lion-hearted colonists had not 
only to contend with the forces of George III and his Hessian mercenaries, 
but with a class of craven spirits at home who fought on the side of the King, 
and were called Tories. These were seldom met in open field, but their work 
was robbing, plundering and murdering the unprotected families of the patriot 
soldiers under Washington. Full of intense hatred against their rebel neigh- 
bors Avho were fighting for liberty and a government of their own, Avhen the 
war ended and this became a free and independent nation, these Tories and 
guerrillas of Virginia and Pennsylvania sought refuge on the frontiers west 
of the Alleghanies, became outlaws and thieves, perfected an organization, and 
from that day until the present they and their descendants have gradually 
retired before the Westward march of civilization, preying upon the industries 
of the pioneers of Ohio, Indiana, Illinois, Iowa and Nebraska in turn. About 
eighty years ago, a party of them removed to the frontiers of Ohio, and estab- 
lished their stations from the southeastern part of that State to Indiana ; nor 
did the gang become extinct there until about 1848. 

About fifty years ago, John Brody, Bill Driscoll and others, driven at last 
from the Clear Fork of the Mohican River, in Richland (now Ashland) County, 
Ohio, about 1830-2, sought refuge in Steuben County, Indiana. In two or 
three years, hoAvever, they, in connection Avith others of tne gang, became so 
notorious as to arouse the entire country against them, and they Avere again 
forced to leave a region that had become too warm for them, and flee WestAvard. 
About 1835 they found their Avay to the Rock River country, in Illinois, and 
Brody settled in a grove since and still knoAvn as Brody's Grove, in Dement 
Township, Ogle County, 111. For a time that entire region was completely 
under the control of the gang. They elected Justices of the Peace and Cons- 
tables, and generally had supreme control of affairs. One of them, Charles 



HISTORY OF BENTON COUNTY. 337 

Oliver, came very near being elected Justice of the Peace in Rockford, and in 
1843, the same Charles Oliver was one of a party that robbed the store of Da- 
vid Bierer, in Colesburg, Delaware County, Iowa. 

At last, however, the honest settlers organized themselves as Regulators or 
Vigilantes, determined to rid themselves of the gang. Two of the Driscolls 
were tried, condemned and shot by about 500 infuriated settlers, and Brody and 
other suspected members of the brood were warned to leave the county. They 
left at once, and, true to their instincts, they came west across the Mississippi 
and settled in the valley of the Cedar, establishing their stations in almost 
every settlement in the Territory. Brody and his sons, John, Stephen, Will- 
iam and Hugh, as stated in the History of Cedar County, '• were among the 
first settlers in Linn County, in 1839, where their houses became refuges and 
hiding places for their accomplices in crime and villainy." In 1843, Stephen, 
Jesse and Hugh Brody and David Wilson, Avhose brother (a member of the 
gang) was shot by a party of settlers on the prairie in the southwestern part of 
Delaware County, and some others established themselves in Benton County. 
Of the Brody family who settled in Benton, Hugh alone had the reputation of 
being a decent citizen. "The principal thing against him," says an old settler, 
familiar with the history of the county, " was that he would sometimes go bail 
for his brothers when they were caught." But this was only natural. 

In Cedar County, Squires, Conlogue, Stoutenberg {alias Case) and Gove 
were members of the band; and in Linn, Joel Leverich was one of the leading 
spirits. Chancy Leverich, who built the first cabin on the present site of 
Vinton, was also generally supposed to be intimately connected with it. 

This gang operated over a large scope of country, and with so many mem- 
bers located in Cedar, Linn, Benton and other counties, such secure hiding 
places, and so many of the gang coming and going, it is but little wonder that 
the people came to live in constant fear and dread. But the villains worked so 
cautiously and secretly as to be almost past finding out. Horse stealing became 
so common that a man wdio owned a good horse never presumed to leave him 
over-night in an unlocked stable, and, in many instances, farmers and horse 
owners slept in their stables with their rifles by their sides. 

These outlaws, systematically engaged in horse stealing and other illicit 
occupations generally indulgfed in by frontier banditti, acquired such power and 
influenc3 in the county, as, for a time, to force a suspension of all law and 
judicial proceedings. The three or four years prior to 1851 are generally 
referred to by old settlers of Benton County as the "dark ages." 

From the time of the assembling:; of the last court in 1848 until the first court 
in 1851, the horse thieves were in the ascendency, and threatened summary ven- 
geance on any and all persons who should dare to assist in any attempt to 
recover stolen property, and boldly asserted that no officer dared to enforce the 
law against them. They were found on the juries, they sometimes elected 
Justices of the Peace and Constables, and generally had their own Avay. Their 
open and bold defiance of law and their numerous depredations at last aroused 
the people, who, convinced that the law was powerless to protect them against 
the depredations of the gang, determined to protect themselves. Meetings were 
held in many of the counties, and in the counties of Clayton, Delaware, Bu- 
chanan, Linn and Benton, an organization was perfected called the Regulators, 
or Vigilance Committee. This, for a time, put some check upon the move- 
ments of the horse thieves; but even this was soon defied, especially in Benton 
County, where there were but few members of the organization, and the con- 
dition of the people became deplorable indeed. There were no courts in the 



338 HISTORY OF BENTON COUNTY. 

county for three years, and some of the leading men were doing all they could 
to deter Judge Carleton from coming to the county to hold court. The horse 
thieves defied law and Regulators, or "lynchers," as they came to be called, 
and the Regulators defied the horse thieves and took the law into their own 
hands. Every person visiting the county was spotted and watched. If he 
called at the cabin of any of the gang, or if suspected of sympathziing with 
them, he was promptly dealt with. The Vigilance Committee was organized for 
the purpose of aiding in the arrest and conviction of oftenders ; but it was soon 
found that while it was easy to arrest them, they aim est invariably escaped the 
just penalty of their crimes. Consequently, the Regulators soon wearied of the 
farce, took the law into their own hands, and inflicted swift, summary, and not 
always deserved, punishment. 

During the "dark ages," the Sheriff of Linn County would frequently 
attempt to make arrests of desperadoes having their headquarters in this county, 
and numerous encounters, aifrays and knock-downs are related. On one occa- 
sion it is related that the Sheriff" had arrested one of them, who submitted 
quietly, but asked permission to go to his brother's house for some clothes. 
The Sheriff:', who seems to have been childlike in his confidence and unsus- 
picious of danger, granted the request, and accoinpanied the prisoner to the 
house ; but no sooner had he entered than the prisoner grasped a skillet-handle, 
with which the confiding Sheriff" was knocked down and beaten nearly to death, 
after which the brothers coolly saddled their horses and rode off". 

But statements of this character very soon lose their original truthfulness, 
and the careful historian, in sifting them, always finds more or less of additional 
tradition mingled with them. 

After a time, it came to be that between the horse thieves and robbers on 
the one side, and the self-styled "Regulators" or " Vigilance Committees " 
on the other, no peaceable, law-abiding citizen was safe from molestation. For 
three years, courts were not held in the county, and some of the officials were 
suspected of being in sympathy with the thieves and robbers, while others were 
known to be active members of the " Regulators." For a time, it was un- 
certain which party was the most damaging to the county, as both of them often 
prevented the peaceable administration of the law, and under one pretext or 
another postponed the holding of courts and the performance of other official 
duties by the regularly elected officers of the county. While many of the best 
men were connected with and active members of the " Regulators," yet a num- 
ber of the thieving gang joined them, the better to conceal their operations, 
and to obtain an opportunity of wreaking vengeance upon the heads of some 
innocent party who had thwarted them in their plans. 

At last, the better class of people, who had brooded long over their wrongs 
and sufferings, determined to submit no longer. They held secret meetings, 
which finally resulted in the adoption of resolutions declaring themselves no 
longer bound by the Regulators, and publicly announced a meeting for the 
purpose of organizing a society for the protection of person and property, 
and for the furtherance of equity and justice. At this meeting, the date 
of which unfortunately has not been preserved, a society was organized and 
called 

THE IOWA PROTECTION COMPANY, 

under the operation of which, society was much improved, although afterward it 
is said that acts were committed under the name of the association that could 
hardly bear the light of legal investigation. But it must be remembered that 










VI NTO N 



HISTORY OF BENTON COUNTY. 341 

the laws hardly reached Benton County at that time, and something must be 
pardoned to the spirit of the times. 

As the constitution of this organization is a somewhat curious and impor- 
tant document, pertaining to the early history of Benton County, the historian 
has thought best to reproduce it with the names of the originators and members 
in this county. 

The document reads as follows : 

This Society shall be called the Iowa Protection Company. 

Article 1. The object of this Society shall be to protect the property of the members of 
this company, and particularly their horses, from the depredations of robbers and thieves, and 
also to trace out the perpetrators of thefts, rescue and restore property stolen, and assist in a due 
and faithful administration of law and justice. 

Akt. 2. The othcers of this Society shall consist of a President, Secretary and Treasurer, 
to be chosen viva vice ata,nj stated meeting, and to hold their offices during good behavior. 

Art. 3. It shall be the duty of the President to preside at all regular meetings of the So- 
ciety, and, in his absence, the Society may choose a President /)ro tern.; and it shall be the duty 
of the Secretary to record all the proceedings of the Society, and preserve the same ; and it shall 
be the duty of each member to pay to the Treasurer such sums of money from time to time as the 
Society shall dictate. He shall keep a correct book in vs'hich he shall enter the amount received 
and expended, and the purpose for which it was expended. 

Art. i. The Society shall appoint such committees as may be necessary to carry out the 
objects of the Society. 

Art. 5. Each and every member shall sign the constitution and hold themselves subject 
to its provisions, and on revealing its proceedings in any respect, shall be excluded from its 
benefits. 

Art. 6. This Society shall be convened at any time by notice from the President. 

Art. 7. No person shall be entitled to vote unless a member of the Society. 

Art. 8. This constitution may be altered or amended at any regular meeting, by a two-ihirds 
vote of the members present. 

Art. 0. No person shall be admitted a member of this Society who is under suspicion of 
horse stealing or any other theft, or for harboring thieves or robbers. 

Art. 10. The regular meeting of this Society shall be the Saturday before the full of the 
moon, at such place as may be designated 

J. S. i^pperson, W. W. Hopkins, Robt. Osborn, John S. Vanclave, John D. 
Vanclave, Alex. Wood, Joseph Remington, Abel Cox, S. M. Lockhart, Wm. 
Bells, Elijah Evans, Harrison Berry, Jacob Remington, Sanford Moberley, A. 
H. Johnson, Albert Johnson, Jacob Fonts, John McCoy, J. M. Broad, C. M. 
Moberley, Joel W. Miller, Thomas G. Lockhart, Groty Osborn, Elrayrrh Hoav- 
ard, John Osborn, Charles Stewart. John Sauks, Wm. A. Bryson, Hiram Ro- 
selle, Wm. A. Griffin, Wm. Riley, Spencer Johnson, James Downs, Charles 
Epperson, Alex. Johnson, David Jewell, George McCoy, John R. Speak, Lewis 
W. Bryson, Stephen D. Jewell, Davis Fonts, John C. Rouse, Martin Johnson, 
Lanslot Johnson, Edwin C. Hall, James Johnson, Hiram T. Epperson, and 
A. Taylor. The organization was perfected by the election of J. S. Forsythe 
as President, Elijah Evans, Secretary, and George McCoy, Treasurer. 

From the organization of this company, the condition of the county began 
to improve. Many of the gang that had been so prominent, left the county for 
scenes of operation farther West, while those that remained generally abandoned 
their old habits and became respectable citizens. The "Lynchers " too, find- 
ing their occupation gone, quietly subsided and attended to their business. 

RESUMPTION OF .JUDICIAL AUTHORITY. 

There is no record of any attempt to hold court in Benton County from 
September, 1848, until a term was appointed to be held in the Court House at 
Fremont on the second Monday after the fourth Monday in March, which was 
the 7th day of April, 1851, when court was duly opened by the Sherift", Cyrus 
C. Charles ; but the Judge was not present, and he adjourned until the next 



342 , HISTORY OF BENTON COUNTY. 

day, when, Judge Carleton still being absent, in obedience to a written order 
from His Honor, the Sheriff adjourned the court until the first Wednesday 
after the first Monday in June (June 4th), 1851. 

RESIGNATION OF BUFFIJM. 

"It was a difficult matter," says Mr. Rice, " to secure a competent person 
for Clerk of the Court in early times. Under the old County Commissioner 
system, then in vogue, it was of the utmost importance that the office of the 
Clerk of the District Court should be filled, as by a permanent vacancy in that 
office the county organization might be lost. Although there had been no 
court held in the county for several years, and it had been distracted by the 
lawless acts of both horse thieves and lynchers, the better class of the citizens 
looked anxiously forward to the time when civil authority should be resumed 
and honest men be called to the front, and they were anxious to maintain the 
county organization." Under these circumstances. Dr. Buffum had been elected 
Clerk of the District Court, in August, 1850, and James Rice, County Com- 
missioner, C. C. Charles, Sheriff, and John Royal had become his sureties. But 
during the following Winter, Buffum became dissipated, and, becoming dissatis- 
fied with his course, his sureties informed him that he must resign, which he 
finally did in March, 1851, only a few days before the time appointed for a 
term of court. But before he left the office, a large number of papers disap- 
peared, among them indictments and other processes against some of the faithless 
Clerk's friends. 

At a special election held April 26th following, Irwin D. Simison was 
elected Clerk of the Courts, and George W. Vandaman Clerk of the Board of 
County Commissioners. 

On Wednesday, June 4, 1851, the District Court was opened in due form 
by Sheriff Charles in the Court House in Fremont, but Judge Carleton was 
absent, and by his written order the court was again adjourned to June 18th. 

When the Clerk of the District Court resigned, in March, 1851, he left the 
county records, bonds and public papers in a house then vacant, from which 
they were afterward stolen, and disappeared a short time before court was to 
meet. Judge Carleton had made several unsuccessful attempts to reach Benton 
County. The citizens had heard of the loss of the county papers, and determined 
to recover them and inflict summary vengeance on the guilty parties if they 
could discover them. Subsequently, the docket Avas found, but minus all the pages 
that had any reference to the recognizance of bonds in any manner in which the 
Clerk was interested ; but the perpetrators of the deed had carefully concealed 
all traces of their guilt, and consequently Avere never apprehended and made to 
answer to the law. The citizens, actuated by one common impulse, assembled 
at a place called " Hoosier Point " (Marysville) and, after several speeches had 
been made, it was unanimouslv voted that a letter should be addressed to Judge 
Carleton. setting forth their grievances and their forbearance, and praying him 
to use his authority and influence in their behalf. The letter is of historical 
value, worthy of preservation as indicating the temper of the people, and is 
herewith produced : 

To the Hon. James Carleton, Judge of the Fourth Judicial District of the State of Iowa: 

We. the undersigned, citizens of Benton County, would beg leave to inform you of our pres- 
ent situation, which is anything but enviable, owing to the management of some of our citizens. 
We have not, as you know, had any court here for nearly three years, and the officers who would 
do their duty cannot. If a judgment is rendered, it is taken to the District Court, there to 
remain for years. And, to cap all, ten days before court was to have been held in Benton County, 
the Clerk resigned without having the cases docketed, and left the docket and papers so that the 



I 



HISTORY OF BENTON COUNTY. 343 

most important part have been stolen and concealed or destroyed, and when we attempt to 
inquire into the matter, we are answered with taunts. We are completely without law. Honest 
men are kept out of their just rights. Besi<les that, there are acts of the basest character i)erpe- 
trated with impunity, and the guilty parties cannot be brought to justice. We have done all 
that we could do to have a better state of affairs. We have hoped for the better. We have borne it 
with all the patience we were masters of. But there is a point beyond which forbearance ceases 
to be a virtue, and we are conscious that we have reached that point. We are a law-abiding 
people. We love our country and love to sustain the laws ; but we are as a branch cut off froin 
the vine, and must wither without nourishment. We know of none to apply to but yourself. 
We call on you by all that is good, by all that binds man to his fellow-men, to. assist us if it is in 
your power ; if not, to inform us where we can get our grievances redressed If we are left as 
we are, we know not what may be the result. It may lead to mob violence, which we detest. 
Signed by J. S. Forsyth and many others. 

The next mail brought letters from Judge Carleton, in Avhich he assured the 
people that he would be in Benton County on the 18th of June, and requested 
the citizens to meet him at the Court House on that day, to assist in reorganiz- 
ing the county. This time the people were not disappointed. Judge Carleton 
came, although it is said he came near losing his life while crossing Prairie 
Creek. With him came I. M. Preston, of Marion, W. Smith and N. W. 
Isbel, attorneys, and on the day appointed, for the first time in three years, 
there was a 

COURT IN BENTON COUNTY. 

The people had assembled ; Sheriff Charles was present ; but there was no 
Clerk. Simison, who had been elected in April, intimidated, it is said, by 
sundry mysterious threats, had not qualified. He Avas induced to accept the 
office, however, was sworn, and entered at once upon the discharge of his duties. 
The county was destitute of a Prosecuting Attorney, and the Court appointed 
Newman W. Isbell to act for the time. A grand jury was called and sworn, 
consisting of James Rice, foreman, David S. Brubaker, Lyman D. BordAvell, 
Abraham Garrison, Charles Epperson, Albert Johnson, H. Mahan, James F. 
Young, John Royal, James Johnson, Thomas Dudgon, Samuel Osborn, Charles 
N. Moberly, Samuel Alexander, Joseph Remington, James M. Mickle, Elijah 
Evans and Fleming Sanders. 

The organization of this court was the commencement of a new era in Ben- 
ton County. Justice was about resuming sway, and the reign of disorder, law- 
lessness and violence that had rendered Benton County a by-word and a 
reproach, and prevented its settlement and development, was practicallv ended. 
Judge Carleton had been importuned to hold court at Marysville, and had been 
informed that there were no honest men on the west side of the river ; that the 
county officers were in league with outlaws and thieves, and that it was useless 
to attempt to hold court there ; but that at Marysville. the headquarters of the 
Regulators, there could be some hope of obtaining an honest jury. Disregard- 
ing these efforts, Judge Carleton determined to hold court at the county seat, 
and energetically commenced the work of cleansing the Augean stable of 
Benton County. In this he was ably and earnestly seconded by Mr. Rice, 
foreman, and the other members of the grand jury, who found a large number 
of bills, notwithstanding the destruction of papers and mutilation of the docket. 
Among the indictments was one against "Uncle Tom" Way* for selling liquor 

* Way appears to have been a "character" in the early history of Benton County, and feU under the ban of the 

lyncherg, who suspected him of complicity with horse thieves ; but this suspicion appears to have been without founda- 
tion, farther than that one of his sons (Berry; was a horse thief and desperado, ami that in his generous hospitality 
he treated all alike. His table and his jug were free, and he would entertain a Methodist minister or a horse thief 
with the same large-hearted liberality, never asking or caring what the occupation of bis guests might be; and when 
any pioneer came, looking for land, he was always ready and willing to go witli and f^hciw him the liest land in the 
vicinity. He had no connection with the gang of outlaws who infested this region. Like many other early iiicmeers, 
he sold whisky to Indians and whites alike, for both weii; equally fond of the intoxicating tliiid. "But," savs Mr! 
Bice, his old neighbor, "he was one of the most charitable, open-hearted, generous men I ever kDew." 



344 HISTORY OF BENTON COUNTY. 

to the Indians. This indictment appears to have been the result of an incident 
of the election in 1849. At that time, Berry Way had an old grudge against 
Tom Kendrick, and was only prevented from pounding him by his father. 
When Tom started for home, the vengeful Berry followed, overtook him near 
David Way's cabin, and flogged him severely — might have killed him but for 
Mrs. Way, David's wife, who interfered. For this aggravated assault, the 
pugnacious Berry was arrested, and was to be taken before Justice Forsyth, at 
Marysville ; but Uncle Tom made an arrangement with another Magistrate, 
'Square Cox, by which, if the case could be brought before him, Berry would 
plead guilty and be fined |5.00 and costs. This was accordingly done, and 
when the sentence had been pronounced the prisoner asked the Magistrate if 
he would receive county warrants, at their face, in payment. Fines were paid 
into the school fund at that time, and the accommodating 'Squire, supposing 
that he could turn over the warrants to the Commissioners, readily consented, 
although county warrants were worth only twenty-five or thirty cents on 
the dollar. The warrants were obtained, paid over, and the prisoner dis- 
charged. 

But when 'Squire Cox went to pay the fine to the School Fund Commis- 
sioner, then E. H. Keyes, the worthy Magistrate was very much disgusted 
when the county official refused to take the warrants and demanded payment in 
gold. He paid it, but he was angry, and waited for revenge until this term of 
court, when he procured Thomas Way's indictment as above. Way was 
arrested, of course, and several of his neighbors readily became his bail. 
Before the day fixed for the trial, the next year, Way had decided to go to Cali- 
fornia, and his family had already started. Uncle Tom remained to await the 
trial ; but his friends, feeling satisfied that if he remained he would be con- 
victed, persuaded him to go, assuring him that they would pay the bail if it 
came to that. He started ; but judge the susprise of his friends when, on the 
day fixed for the trial, they saw Uncle Tom ride up and dismount. In answer 
to queries, he said he could not go and leave anybody bound for him ; he had 
come back to be tried, and he should be acquitted. On the trial, the principal 
witness appeared to have lost his memory, and the first jury disagreed. James 
Harlan, who was Prosecuting Attorney, became convinced that there was not 
sufficient evidence to convict, and suggested to Judge Forsyth that it would be 
better to let him go, if he would pay the cost. The proposition was then made 
to Way, that if he would pay the costs, amounting to $25 or $30, he might go 
free, and he finally concluded to do so. As he mounted his horse his old 
friends and neighbors gathered around him, bade him good-by, and he rode 
away, never more to be seen in Benton County. 

The reign of civil law and justice commenced in Benton County with the 
first term of court, in June, 1851, and from that period it rapidly emerged from 
the excitement, confusion and contempt for civil authority that marked the 
"dark ages." Fiom that time those who had been foremost in attempting to 
regulate the affairs of the county by lynch law began to retire to back seats, 
where they have always remained. Upon closing the term, Judge Carleton 
urored upon the assembled citizens the supreme importance of calming the 
intense excitement under which they had been laboring for years; to yield 
cheerful and earnest obedience to the constituted authority of the State, and to 
select men to fill the various county offices who could and would faithfully 
perform the duties devolving upon them, and assuring them that in such 
performance their officers would be sustained and supported by the State 
authorities. 



HISTORY OF BENTON COUNTY. 345 

AN IMPORTANT ELECTION. 

The re-establishraent of the court in June, and the election in August, 
1851, mark the commencement of a new era in Benton County. By Chapter 
15 of the Code of Iowa, approved February 5, 1851, the Board of County Com- 
missioners was abolished, and the office of County Judge created. The County 
Judge was invested with "the usual powers and jurisdiction of County Commis- 
sioner and of Judge of Probate, and to be elected at the first election holden in 
August after the statutes had been in force thirty days." At the August elec- 
tion, the ordinary political issues were ignored. A majority of the people were 
determined that law and order should supplant the reign of terror that had 
prevailed during the "dark ages," and that horse thieves and desperadoes 
should no longer rule, and the anti-horse-thief party triumphed by a handsome 
majority. 

The county had been organized five years, and it will be interesting to com- 
pare the abstract of votes with that of 1846, as follows : 

For County Judge — John S. Forsyth received 75 votes ; D. S. Baker, 46. 

For Treasurer and Recorder — J. P. Cline received 36 votes; James John- 
son, 76; William Cline, 3. 

For Sheriff — William Remington received 39 votes ; C. C. Charles, 76. 

For County Supervisor of Roads — L. F. North received 22 votes ; James 
Rice, 62 ; Samuel Osborn, 28 ; James Downs, 1. 

For Coroner — H. Mahan received 57 votes ; L. D. Bordwell, 22. 

For District Clerk — G. W. Vandaman received 78 votes ; J. F. Beckett, 19. 

For Prosecuting Attorney — William Cline received 3 votes ; John Alex- 
ander, 2 ; J. E. Vandaman, 5 ; J. J. Sanders, 5. 

For County Surveyor — I. D. Simison received 5Q votes ; John Shawver, 36. 

It may be well to give one or two incidents connected with the " dark ages," 
not only to show how horse thieves were treated, but to indicate that the election 
of 1851 was by no means the final end of the trials of the Benton County 
people. These were published in substance in a brief history of Benton County 
in 1868 : 

One Berry AVay and an associate, two reckless desperadoes, took two horses from Mr. Lebo, 
of Linn County, in the early part of May, 1851, and sold one in Iowa, which Mr. Lebo traced 
and recovered. The other was taken to Wisconsin, to which Mr. Lebo traced them and recovered 
possession of the se<;ond horse. 

Way then stole two horses from some peddlers They followed him, and, being overtaken, 
he dismounted and concealed himself in the woods. He was fired upon several times but man- 
aged to escape unharmed, the horses being recovered by their owners. 

He then went to Clayton County, stole a span of horses and " lit out " for Benton County 
with them, and, being detained by high water, with a determination worthy of a better cause, 
swam the streams with both horses. He managed to reach the house of Moses Bates, in Black 
Hawk County, and remained concealed there several days. 

The Sheriff of Clayton County, learning that Way was through that section, naturally suspected 
him, and, with four men, started for Benton County, directing their steps to Hoosier Point (Marys- 
ville), their sudden appearance there creating no little excitement. Upon making his mission 
known, however, he was soon provided with all necessary assistance. A systematic scouring 
of the country was then inaugurated, and a division of the party was made, one starting for Bear 
Creek and the other in anotlicr direction, gathering assistance as they proceeded. The water at 
this time was very high, an<l they were under the necessity of fording the creeks, one party being 
compelled to pass -the whole night in their wet clothes; the other party, however, were more suc- 
cessful, for they found Berry Way at his father's, with one of the stolen horses. Arresting him, 
they proceeded to take him before a Justice of the Peace. On their way, they endeavored to elicit 
from him wliat he had done with the otlier horse, but no satisfaction could be gained. These 
hardy frontiersmen, however, were not to be trifled with, and they at once proceeded without 
ceremony to strip him and try the virtue of "hickory oil," as an " inducer." The effect wag 
magical. The defiant and non-communicative horse purloiner of the moment before was changed 
"in the twinkling of an eye" to the supplicating confessor, and gave the desired information 



346 HISTORY OF BENTON COUNTY. 

with alacrity, stating that he had left the other horse at the house of Moses Bates, in Black Hawk 
County; whereupon, the Sheriff, with liis posse, went on to Bates' house, the remainder of the 
party remaining to escort the prisoner back. Upon arriving at the house of Bates, the SheriflF 
■demanded of him the horse, but lie (Bates) denied all knowledge of the s:»me, and tried to in- 
duce them to return, by saying that if any such horses liad been that way he would have seen 
them. His wife, who was standing behind the door, here made signs to the party to go on, and 
upon their starting Bates told them that it was useless, they could not cross the stream north of 
his place. The woman, however, as soon as an opportunity presented itself, told one of the party 
that if they would not tell anyone where they got their information, she would direct them to the 
horse. This they readily promised, whereupon she informed them where the horse could be 
found, and that Way had been there and remained several days. The party at once proceeded 
to the thicket, as directed, and there found the horse as Way had informed them. After secur- 
ing the horse, they returned to the house, but Mr. Bates was not there. The party waited and 
soon had the pleasure of seeing Bates and his son approacli, but this time armed with guns. 
With this, the Sherift" produced his revolver and leveled it at father and son, which caused their 
courage to drop, and with it their guns. The officer then demanded the return of the saddle 
taken from the horse. Ba'es offered to lead them to the place of its concealment, and the crowd 
followed him, but no saddle was there. This so exasperated a Dutchman, who was with the 
party, that he suddenly tlirew a rope around Bates and bound him to a tree, and proceeded to 
apply the " hickory " with a vigor that was only equaled Ijy the vehemence of the words, " Tarn 
tief ! Tam tief I " which were jerkingly ejaculated by the Dutchman, between the blows. Bates' 
body was black and blue for weeks after this event. 

The party then returned, overtaking the others. Way was then transferred to the Sheriff, 
who took him to Elkader, where he was tried, convicted and sentenced, by Hon, T. S. Wilson, to 
one year's confinement in the penitentiary. After having been there for some time, he attempted 
to get into the confidence of one of the keepers, who allowed him to believe he was his friend. 
Way then wrote home and told his people that if they could raise him $100, he could get out. 
His mother raised the money and took it to him. Way then told the jailer .that if he would 
let him escape, he would give him the §100. The jailer took the money, and as soon as court 
met took his prisoner into court and laid the matter before his Honor. T. S. Wilson, telling him 
of the bribe mi.ney, and asking what to do with it. The Judge ordered that the money be ex- 
pended in defraying the expenses of Way's trial. Way was taken back to prison, but grew 
morose and desperate, and finally broke jail, having never been heard of since. 

Connected with the history of this "dark age " was an event which occurred 
on the 6th of February, 1852, at Fremont — now called Vinton — it being the 
trial of four of its citizens who had assisted some time before in the arresting 
of a thief: 

A man of the name of John Adams, from Illinois, came to Benton County, 
having stolen two horses there. He Avas followed by the owner, S. Raber, with 
four other men, who, upon arriving at Hoosier Point, called for assistance, Avhich 
was readily granted by three young men volunteering from that place. They 
proceeded to Fremont, and arriving there about night and learning that Adams 
had been there, but had just left, and fearing their "bird" would escape, at 
once renewed the search, assisted by another young man from Fremont. They 
soon succeeded in finding his tracks in the new-fallen snow, and, upon exami- 
nation, found he was occasionally turning, turning round to look back. The 
company then divided into small parties, and when about seven miles from town 
succeeded in capturing the thief. The next day, he was taken by Mr. Raber 
and his party to Illinois, where he was examined and tried and eventually in- 
dicted and tried, but got clear. He then returned to Benton County, ?nd pro- 
curing the assistance of John Alexander, swearing out warrants for the whole 
nine men who had captured him, charging them with " kidnapping and lynch- 
ing him." The four living in Benton County gave bonds for their appearance 
on the 6th day of February, 1852. The day having arrived, the parties 
appeared : John Alexander, for the prosecution ; Messrs. Smyth & Preston, of 
Marion, for the defense. The case caused considerable excitement, and people 
from all parts of the county assembled around 'Squire Mahan's house long be- 
fore the hour of trial — many of them strangers. It is asserted by some that 
as many as 200 people were present. Court was at last called and the prison- 



I 



I 



HISTORY OF BENTON COUNTY. 347 

ers arraigned, entering their plea of " not guilty." The attorneys for the de- 
fense then moved to quash the indictment, on the ground that it contained too 
many counts, which motion, after being argued at great length, was finally sus- 
tained by the Count and the young men discharged, much to the satisfaction of 
the crowd, as was evinced by the hearty cheering which immediately followed 
the decision. 

But, if the reforms desired did not come all at once, they came, nevertheless. 
When it became unsafe to steal their neighbors' horses, the gang adopted a new 
dodge that worked for a time. They stole from each other. One would take a 
horse, run it off and sell it, informing the owner of course, to whom he sold it, 
and dividing the proceeds with him. With a great show of search for the stolen 
animal and the thief, in due time the owner would find his horse and claim him. 
This, however, became so unsafe for the operator that it was finally abandoned 
about 1854. 

At the commencement of a new era in the history of the county, before 
proceeding farther, it may be interesting to note some incidents not hitherto 
mentioned, which are without date. 

There is one peculiarity to be noticed : that many of the early settlers, as is 
usually the case in a new country, were addicted to the use of intoxicating 
liquors, and when two or three were gathered together the "jug " was forth- 
coming, and they were bound to have a good time. 

Among those who held commissions of Justices of the Peace, in early times, 
were L. D. Bordwell, L. W. Hayes, Charles Cantonwine, Thomas Mahan, David 
S. Brubaker, W. C. Smith, John Royal, Elijah Evans, James Rice, Samuel Os- 
born and others ; and Justices' Courts were peculiar institutions, and some of 
their proceedings were amusing. The following, for instance, has the merit of 
being literally true as well as amusing, and occurred as late as 1853 : 

AN EARLY JUSTICE COURT. 

One Mr. B having run away with another man's wife, the parties were 

pursued. B. was captured and brought before 'Squire Brubaker, who, after 
due preliminaries, proceeded to try the cause of " The People vs. B." The wit- 
nesses and attorneys, however, not being on hand, the 'Squire, prisoner and 
Sheriff played cards and drank whisky. 

After some delay, the parties appeared — John Alexander for the State, and 
Dr. C. W. Buffum and James Wood, Esq., for the defense. The case was 
called ; and upon the appearance of each witness upon the stand, the counsel 
for the defense would object to them on the ground that they Avere incompetent, 
being two-thirds drunk, and the Justice would exclaim, " Sit doAvn, G — d 
d — n you I" 

The case had proceeded about half-way through, when the worthy 'Squire, 
thinking it somewhat dry, called for liquor; but the jar was empty. He arose, 
staggering, to his feet, and delving his hands doAvn into his capacious breeches- 
pocket, produced a quarter, with the exclamation, " I (hie) go-goes a quar-(hic)- 
quarter ; who else (hie) goes a quar-quarter ? " Upon being remonstrated with, 
he rose, and in all his dignity exclaimed, " Gentlemen, this case has proceeded 
far enough without liquor, and by G — d I adjourn this court until we have had 
some whisky." 

After indulging again from the noted jar, which was replenished by the 
defendant, the case proceeded. The attorneys for the defense had been having 
their own way, when a witness was produced on the stand whose evidence would 
have proved fatal to their client, and one who had not indulged in the flowing 



348 HISTORY OF BENTON COUNTY. 

bowl. They then used a stratagem worthy of a better cause. Taking the 
prisoner into an adjoining room, his counsel told him to come out and confront 
the 'Squire, shake his fist at him and tell him as follows: " 'Squire, I have 
heard you have said you would send me to jail anyhoiv ; tvow, by G — d, you 
do it ! " 

The worthy magistrate was amazed. This was too much for his royal dig- 
nity. Slowly rising, he turned to the prisoner, with the exclamation: "You 
go to h — 1 ! " At this, the prisoner started for the door, when the Sheriff inter- 
cepted his farther progress, and demanded of the Judge what he should do with 
the prisoner, when the still excited magistrate belched forth, " G — d d — n him ! 
take him to h — 1 for all I care." 

The Sheriff took his prisoner a short distance, and then returned to the 
court, saying, "'Squire, you told me to take the prisoner to h — 1; we are as 
near that place as I want to get. Prisoner, you are discharged." 

It is to be added that Mr, Wood, who appeared as counsel for defense in 
this case, was then working at his trade — blacksmith — in a shop on the bank of 
the river, the site of which is now a part of the river bed. Mr. Wood, who 
still resides in Vinton, says that the above statement is substantially true ; and 
adds that it was by his advice that the witnesses and Justice were fully plied 
with liquor, as he saw that was the only chance for escape his client had. 

It is not to be inferred from the above that all the magistrates in the county 
held similar courts, or indulged in driking to that extent while " on the bench." 

he's a decent man. 

It is related that at one time, John Kelsey, Esq., then a resident of Cedar 
Rapids, while on his way through the sparsely settled country, to Fremont, 
passed the house of Joseph Sanders. He saw a lad in the yard and reined up, 
when the following dialogue took place : 

Stranger. — " Well, my good lad, who lives here ? " 

Boy. — " Dad and marm." 

Stranger. — " Oh ! Um ! Yes, my little man, but what are their names? " 

Boy. — " Joe and Nance, sir." 

Stranger. — "Y^es, yes, I know; but what are their surnames? " 

Boy. — " Marm haint got no surname." 

Stranger. — " Pretty good, my little fellow. But where is your father? Is he 
at home? " 

Boy. — "No sir; he's gone up to ther county seat, ter th' election." 

Stranger. — " To the election? Oh yes. Well, my little man, is your father 
a Whig?" V 

Boy. — " No sir ! Dad's a decent man ! " 

Kelsey went on his way. 

THE NEW REGIME. 

With the election of August, 1851, the system of County Commissioners 
terminated. Upon assuming the duties of County Judge, Mr. Forsyth discov- 
ered that the finances of the county were in a deplorable condition. The 
county was flooded with warrants, which had been issued without much "regard 
to expense," since Way and his associates had "turned over a new leaf," and 
commenced anew ; nor was there any record of them. Nobody knew the extent 
of the county's indebtedness. 

But no sooner had the affairs of the county begun to assume definite shape, 
under the skillful and energetic management of Judge Forsyth, than the officers 



HISTORY OF BENTON COUNTY. • 349 

were startled by the large number of warrants that were presented for pay- 
ment. They Avere presumed to have been legally issued ; and if so, they must 
be paid. There was no escape, as there was no proof tliat a single warrant had 
been illegally issued. They were therefore paid and canceled as rapidly as 
the resources of the county would permit. The revenue, however, was very 
small, and the constant drain kept the county, as such, in very straitened cir- 
cumstances for several years ; and it was not until about 1854 that the affairs 
of the county had assumed any very tangible shape, and commenced to im 
prove. 

It is to be remarked, to the credit of Judge Forsyth and his successor, 
Judge Douglas, that Benton County owes much of its subsecjuent prosperity to 
their indefatigable and energetic efforts to bring order out of chaos, and to estab- 
lish firmly and permanently the reign of law and order, without which no com- 
munity can be prosperous and happy. 

GROWTH OF THE COUNTY. 

From 1851, after the inauguration of the new system and the energetic 
efforts to put a stop to the outlawry and horse thieving, the county began to 
increase I'apidly in wealth and population, which is clearly seen from the follow- 
ing table, showing the population from 1846 to 1870 : 



Year. Popula'n. 

1846 295 

1847 312 



Tear. Popula'n, 

1859 8,063 

1860 8,496 



1850 637 1863 9,561 

1851 753 1865 11 245 

1852 1,237 1867 14,772 

1854 2,623 1869 19,440 

1856 6,217 1870 22,213 

TOWNSHIPS AND ELECTIONS. 

From 1851 to 1863, there are no records accessible to show how or when 
the several civil townships, as they now exist, were created ; nor are there any 
election records during that time within the knowledge of the present county 
officials, or accessible to the historian. There were at least four civil town- 
ships created by the County Commissioners, viz.: Canton, Polk, Taylor and 
Harrison. 

In 1855, there were ten, and in 1860, twenty civil townships. All except 
those above mentioned were undoubtedly created by order of the County Court ; 
but the Judge's "minute books" contain no record of such action, and letters 
addressed to the several Township Clerks, requesting information from their 
early records, relating to the formation and organization of their respective 
townships, fiiiled to elicit replies, with one exception, that of Wm. H. Ehred, 
of Le Roy. 

The lack of election records is partially made up from other sources, so far 
as relates to the succession of county officers. 

A CLAIM "jumper" DISCIPLINED. 

It was neither a safe, profitable nor honorable business to enter land on 
which another had a claim, in Benton County, in early times. In 1851, one 
Alfred Moore had settled near Fremont. He was anxious to obtain all the 
land he could, and entered it without regard to claims. He had thus "jumped ' 
claims belonging to S. K. Parker, L. D. Bordwell and Joseph Strawn. This 
was more than the pioneer sense of honor could endure, and it was determined 



350 HISTORY OF BENTON COUNTY. 

that the erring member of the body politic should be " disciplined." Accord- 
ingly, on the night of August 8, 1851, a bright moonlight night, two men 
called at Mr. Moore's house, representing that they had lost their way and 
wished him to show them the right road. Unsuspicious of danger, Mr. Moore 
fell into the trap and started to show the strangers the way. While passing 
through a corn field, he was suddenly seized and taken to a neighboring tree 
to which he was securely tied, after being stripped. The leader, Capt. Hollen- 
beck, asked him some questions, but he was not disposed to comply readily, 
when Dan. Richie and Ed. Johnson endeavored to induce him to answer by the 
vigorous application of hickory to his bare back. After he had been punished 
sufficiently, his wounds were dressed with tar, over which a quantity of feathers 
were shaken to hasten the healing process. Mr. Bordwell, who was a witness 
on the occasion, says, " when they got through with him he was as pretty a 
looking bird as you ever see." Doubtless he was, although not quite so joyous 
as some. After this surgical operation was completed, he was untied, the pan 
which contained the tar was put on his head and he was given three days in 
which to produce the entry papers and assign them to their proper owners. 
Moore very wisely complied within the time specified, but entered complaint 
against his persecutors ; a warrant was issued, and John Hollenbeck, Daniel 
Richie and Orson Bogle were arrested on a charge of assault and battery, and 
brought to Fremont for trial. Bogle, who was not present at the whipping, 
was put on trial first, and was acquitted. This discouraged the prosecutor, who 
abandoned his charges against the others who were there, and made the best 
time he could out of town, doubtless fearing if he remained too long that he 
might be compelled to "hug another tree." 

THE FIRST COUNTY COURT. 

The first entry made in the County Judge's "minute book," which is all 
the record of County Court proceedings to be found, is the following : 

Be it remembered that on the — day of August, A. D. 1851, John S. Forsyth produced the 
Clerk's certificate of election to the office of County .Judge, and took an oath to discharge the 
duties of said office according to law. 

The first recorded act of Judge Forsyth was the issuance of a marriage 
license, as folloAvs : 

Now, on the 19th day of August, A. D. 1851, the Treasurer's receipt was presented, for 
one dollar, for a licence to authorize Lewis Furgeson and Rachael Phidela .Jewel to be joined in 
marriage, and Thomas L. Furgeson, the Father of said Lewis, being present, gave his free con- 
cent for the licence to issue. A certificate was produced from David Juel, the father of said 
Kachael Phidela, giving free concent that the licence should issue ; witnessed by Edward and 
Henry Juel, and sworn to by Henry Juel, and said licence was issued. 

John S. Forsyth, County Judge. 

The next entry is the marriage certificate of the parties above named, as 
follows : 

And now, on the 8th day of Sept., 1851, Samuel Osborn, A Justice of the Peace, made the 
following: Benton County, State of Iowa, I, Samuel Osborn, an acting Justice of the Peace in 
said county and State of Iowa aforesaid, I do hereby certify that I did join in marriage Lewis 
Furgeson, aged nineteen years, and Rachael Phidela Juel, aged seventeen years, both of the 
county aforesaid. Tlie above marriage was solemnised Aug. 24, 1851, at the house of David 
Juel, in said county, Marysville. 

Benton Co., lo. Signed S.\jiuel Osborn, J. P. 

The above was filed September 10, 1851. John S. Forsyth, County Judge. 

This is the first marriage recorded in existing county records. The records 
of previous marriages, if any were made, are not to be found. The second 



HISTORY OF BENTON COUNTY. 351 

marriage license was issued by the County Court, January 16, 1852, author- 
izing the marriage of Duff C. Barres, known to the Judge to be over the age of 
21 years, and Lorena Denison ; Jacob Denison, tlie father of Lorena, giv- 
ing his free consent. January 29, 1852, filed the following certificate for 
record, viz.: 

State of Iowa. Benton County, ss : I hereby certify that Mr. DuflF. C. Barrows, aged 35 
years, and Lucinda J. Denison, aged 1;') years, were duly joined in marriage at the house of Mr. 
Jabob Denison in Benton County, Iowa, on the 18th day of January, A. D. 18-31, by me, 

Charles D. Gray, legally authorized minister of the Methodist Protestant Church. 

Marriage license was issued to Bernard G. Speak and Mary A. Rouse, Feb- 
ruary 6, 1852 — married February 8, by Elijah Evans, Justice of the Peace; 
and to William Helms and Lucinda Wayman, February 10, 1852 — married 
by Samuel Osborn, Justice of the Peace, February 11, 1852 ; Westley Denison 
and Nancy Ferguson, January 5, 1852 — married by Samuel Osborn, January 
18, 1852; Isaiah Cue and Mary Hannah Davis, February 19, 1852 ; Hiram 
T. Epperson and Harriet Roswell, February 28, 1852 — married March 3, 
1852, by Rev. Charles N. Moberley ; Franklin F. Bryson and Sarah Elizabeth 
Cox, March 22, 1852 ; Henry F. Brysen and Sarah E. Cox, married March 23, 
1852, by James Rice, Justice of the Peace ; Eli Cue and Margaret Malinda 
Spurgin, April 1, 1752 — married by W. R. Johnson, same day. 

Judging from these entries, it would appear that the young people of Benton 
were following the customs of their fathers diligently as soon as the county 
Court was organized and it is to be inferred that there were numerous marriages 
prior to 185] . 

THE FIRST TERM 

of the Countv Court was commenced at the Court House November 3, 1851. 
Present, John S. Forsyth, County Judge ; Gr. W. Vardaman, Clerk ; C. C. 
Charles, Sheriff. Adjourned by proclamation of Sheriff to the house of C. C. 
Charles and '" proceeded to business." 
The first entries were as follows : 

W. C. Stanbury for W. W. Hamilton presented claim for balance as services for field notes of 
the county. Application was made for the appointment of a surveyor for said county, and W. 
C. Stanbury produced a bond to till the appointment, which was not approved by the court. 
James Rice produced a claim as follows : State of Iowa vs. James Chambers and others in Justice 
Court charged with killing a hog that did not belong to them. The case was tried October 1(3, 
1851, and failed for want of sufficient proof; and the court being satisfied that there was .suffi- 
cient grounds for a process to issue in said case, it is therefore ordered by the court that James 
Rice be allowed $2 for services as Justice of the Peace in the above case, as per bill filed, to be 
known as Warrant No. 22, and further, that William Remington, the Constalile in the above case 
benllowed S>2.25, as per bill filed to be known as Warrant No. 2o. Be it remembered that it is 
ordered by the Court, that until otherwise ordered, the court will be held at the house of M. D. 
L. Webb. 

John S. Forsyth, County Judge, 

THE LAWYERS WANT THEIR PAY. 

It is a little difficult at this distance to clearly understand the following 
order. Why Mr. Preston was not paid by the County Commissioners who had 
charge of the county affairs for five years and more, and why he should be paid 
for services as Prosecuting Attorney before the county was organized, and for a 
term of nearly eighteen months before he was appointed Pro.'secuting Attorney 
by Judge Carleton at the first term of the District Court, are among the many 
mysteries of the early history of the county that must probably remain unsolved. 
It may be probable, however, that Mr. Preston may have been employed by the 
people of the county to procure the passage of the bill organizing the county. 



352 HliSTORY OK BENTON COUNTY. 

The order of Judge Forsyth is sufficient evidence that he understood it and that 
it was legitimate. The order is as follows : 

Ordered, That I. M. Preston be allowed $100 for services rendered said county (Benton) as 
Prosecuting Attorney for said county from the 19th day of December A. D. 1845, to the 10th day 
of April A. D. 1848, as bill tiled Nov. 28, 1851. 

On the same day the following order was made by the County Court : 

Ordered, That Norman Isbell be allowed $30 for services rendered said county as Prosecut- 
ing Attorney at special term of District Court, A. D. 1851, as per bill filed. 

Henry O'Connor was alloAved |25 for similar services at the September 
term, September 15, 1851. 

Order No. 5 November 29, 1851 

Ordered, That John Alexander be allowed $77.50, the amount allowed him by the Board of 
County Commissioners for services rendered as Prosecuting Attorney. 

In December, 1861, orders were drawn for the payment of Judges and 
Clerks of Election in the several townships at $1 per day, as follows : 

Polk. Three elections in 1851, viz. : April 7, April 26 and August 4. 

Polk Township. William J. White, John S. Forsyth, Charles N. Moberley, 
James Downs, Alexander Johnson, Thomas J. Fergesen, William S. Griffin, 
Judges ; John Parker, Clerk. 

Harrison. Albert Johnson, Hiram Roswell, Abel Cox, William A. Bryson, 
Martin Johnson, John S. Vancleave, Judges ; James Johnson, Elijah Evans, 
Jacob Remington, Clerks. 

Canton Township. Judges, Loyal F. North, John "Shawver," Edward D. 
Johnson and David M. Stearn ; Clerks, William R. Johnson and John Renfew. 

Taylor Township. Judges, John Royal, William J. Sanders, George W. 
Vandaman, L. D. Bordwell and James F. Beckett ; Clerks, George W. Vanda- 
man, John E. Vardaman, David S. Brubaker and John I. Sanders. 

THE FIRST COURT HOUSE. 

January 7, 1852, Mr. D. L. Webb was allowed $1.50 for hauling lime for 
the Court House. 

January 1, 1852 : 

Ordered, That C. C. Charles be allowed $10 for laying two floors in Court House, and fur- 
nishing nails. 

January 28, 1852 : 

It is hereby Ordered by the Court, that the oSice of County Judge and the County Court be 
held in the house of W. C. Stanbury, until otherwise directed. 

April 1, 1852 : 

Now it is Ordered by the Court, that the county ofiBces be held in the Court HousBin Fremont, 
until otherwise ordered. 

From the above orders, it is evident that the Court House was not finished 
for occupation until about April, 1852. Indeed, Mr. Wood states it as his im- 
pression, that although the records indicate the terms of Court, in 1851, to be 
held in the Court House at Fremont, they were really held elsewhere, as tho 
house was not finished and could not be occupied. 

FIRST QUARTERLY SETTLEMENT. 

On settlement Avith the Clerk, Treasurer and Judge, up to January 1, 1852, 
the fees received by the Judge were $3.80 ; by the Clerk, |13.50 ; by the Treas- 
urer, $35.20; making in all, $52.55— equal to $17.51 each. The salary of 



I 



HISTORY OF BENTON COUNTY. 353 

each was $75.00, and after deducting the last mentioned amount, orders were 
drawn on the treasury for the balance, $57.49 each. 

At the next quarterly settlement, April 5, 1852, the Judge had received in 
fees 13.50 ; the Clerk, $4.50 ; and the Treasurer, |27.81 ; total, $35.81. 

TOWNSHIPS IN TAMA COUNTY. 

In 1852, Tama County was attached to Benton, for election, judicial and 
revenue purposes. The following orders show the formation of two townships 
in that territory ; but, singularly enough, no similar record was made when 
townships in Benton County were created : 

Office of the Coukty .Judge, Fremont, 
June 4, A. D. 1852. 

It is hereby Ordered by the County Court in and for said county, that all tJiat pari of Tama 
County lying east of Range 16, be and the same is hereby created a civil township for election 
and the other purposes of law, and is known by the name of Howard Township, Tauia County, 
Iowa : and the Court further appoints Regin A. Redman, .John C. Vermelgea, Eli Chase, Trustees 
of said township, and that the first election in said township, to be holden by this order, shall 
be held at the house of Regin A. Redman, on the first Monday in August, A. D. 1852 ; and that 
the same be governed agreeable to the provisions of the law of the State of Iowa. 

June 4, 1852. John S. Forsyth, Cuunly Judge. 

It is hereby Ordered by the Court that Townships 82, 83, 84, 85 and 86 north, in Range 16, in 
County of Tama County, which is now attached to Benton for election, judicial and revenue pur- 
poses, be, and the same is hereby, created into a civil township, to be known as Indian Village 
Township, Tama County, Iowa: and that William Taylor, Eli W. Daley and Sim. Applegate be, 
and the same persons are hereby, appointed Trustees of said township; and that the first election 
held under this order shall beholden at the house of Eli W. Daley, on the first Monday in August, 
A. D. 1852. John S. Forsyth, County Judge. 

FERRY LICENSE. 

June 8, 1852, license was granted to Wm. H. Bristol to run a ferry across 
the Cedar River at Fremont for the term of ten years. The rates of toll were 
established by Judge Forsyth, as follows ; Foot passenger, 5 cents ; man and 
horse, 10 cents ; one-horse vehicle and horse, 15 cents ; wagon and two horses, 
20 cents each ; each additional horse, 5 cents ; droves of horses, 5 cents each ; 
cattle, 4 cents each ; sheep, 3 cents ; and hogs, 3 cents each. Teams of oxen 
or cattle to be rated as horses. The license was transferred by Bristol to Henry 
R. Sanders March 27, 1854. Sanders assigned to Elijah Ervin Nov. 10, 1854, 
and Ervin to James L. Pauley August 11, 1855. 

ANOTHER CURIOSITY. 

Among other old matters presented to the County Judge for settlement in 
1852, was a bill from one of the County Seat Commissioners for services in 
locating the county seat in May, 1846. Probably Mr. Secrest prudently 
waited until he thought his bill would be paid before presenting it, October 12, 
1852, when the following order was passed : 

Ordered, by the Court, that J. A. Secrest be allowed $22 for services as Locating Tommis- 
sioner to locate the town of Vinton, in said county, in May, 1846, said warrant to be known as 
No. 212. John S. Forsyth, County Judge. 

THE COURT HOUSE FINISHED. 

December 23, 1852, the court ordered the payment of $3.78 to James 
Johnson for cash paid for plastering the Court House. On the same day, the 
court ordered the payment of $20.81 for a stove for the Court House. Decem- 
ber 30, J. S. Hunt and S. Alexander were paid $0.62 for a load of wood for 
Teuton County. February 7, 1853, Elijah Evans was paid $0.61 for stove 
rent. 



354 HISTORY OF BENTON COUNTY. 



COURT HOUSE BURNED. 



During the Summer of 1852, it is said that the first story was occupied for 
a while as a store, the goods being put in by Mr. Greene, of Cedar Rapids, 
Russell Jones being salesman. In the Fall and Winter following, however, the 
room was used as a school room, in which Gleorge Parish taught school, prob- 
ably the first in Fremont. Before the term closed, however, the building was 
burned under the following circumstances, as narrated by Dr. J. C. Traer, Avho 
was then District Clerk. When the house was finished, the workmen left a 
quantity of shavings under the building.