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Full text of "History of Johnson County, Iowa, containing a history of the county, and its townships, cities and villages from 1836 to 1882. Together with biographical sketches .."

NYPL RESEARCH LIBRARIES 



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HISTORY 



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Johnson County, Iowa, 



CONTAINING A 



HISTORY OF THE COUNTY, 



AND ITS 



TGWNSHIPS.CITIES AND VILLAGES 



PROM 



1836 to 1883. 



together with 

biographical sketches of many enterprising farmers, merchants, mechan- 
ics, professional and business men; a condensed history op the 
state; the constitution of the united states; an abstract op 

THE most important LAWS; THE NATURAL HISTORY OF THE 

county; its organization; its political and relig- 
ious history; agriculture, horticulture 

AND stock-raising ; WAR RECORD ; TOWN- 
SHIP histories; churches; schools; 

RAILROADS AND BUSINESS ENTER- 
PRISES; MISCELLANEOUS MAT- 
TERS, ETC., ETC. 



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C • 4 , 

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IOWA CITY, IOWA. 
1883. 



THE NEW YORK 

PiJBLIC LIBRARY 

fe^ kJ v3' ' ix: xSs ' ••y 

AST>'>H, LENOX AND 
TILDt N FOUMOaTi-jms 

" , 902 L 



PREFACE. 



The writer of this History of Johnson County is under ohligations 
to several persons for their friendly co-operation, and in some cases very 
especial and valuable assistance in preparing matter for our use, or furn- 
ishing documents, taking us to a personal inspection of historic scenes and 
localities, etc., without which we could not have succeeded in making so 
valuable and complete a work as is here now presented. 

Hon. Henry Felkner furnished us, in his own handwriting, his well 
written sketch of the pioneer days, in which he was himself so prominent 
an actor in the affairs of the young community. Hon. John P. Irish said 
with a plump, hearty welcome: "There's all my newspaper files; and 
there's my library; take anything you want, whenever you want it, and 
as long as you want it — all I ask is that you bring it back!" Col. S. C. 
Trowbridge, who is himself a walking encyclopedia of early history, and 
has more old historic documents tucked away for time of need than any 
five other men in the county, was more than generous in his kind and 
helpful assistance in finding old documents and records which we wanted; 
and in many ways his friendly offices were most valuable, for all which 
the whole county as well as ourselves owe him lasting thanks. Others 
who took some pains to assist us either with their own writing, or with 
books, records, documents, reports, transcripts, etc., that were really need- 
ful, were: Prof. T. S. Parvin; President J. L#. Pickard; ex-Governor 
SamuelJ.Kirkwood;Prof. Samuel Calvin; Prof. G. Hinrichs; Mr. Bohumil 
Shimek, a University student from Jefi^erson township; M. W. Cook, of 
Oxford; Mrs. Mary Hamilton, of Clear Creek, assisted by Bryan Dennis, 
Hon. George Paul, and others of the old, old settlers; A. G. Runyon, of 
Penn township; LeGrand Byington, of Lucas township; Postmaster 
Jacob Ricord; County Auditor, A. Medowell; Clerk of Dis<^rict Court, 
Stephen Bradley; Wm. H. Fleming, of Des Moines, who was for ten or 
twelve years private Secretary to successive Governors of Iowa, and is now 
preparing a volume of state census and all civil statistics by counties and 
townships; and to the venerable Hon. Edward Langworthy, of Dubuque. 
Also to the superintendents of the State Blind Asylum, Deaf Mute Asylum 
and the Penitentiarv at Fort Madison, for full and prompt response to our 
inquiries after Johnson county people in those state institutions. Some of 
the other controling officers of state institutions either paid no regard to 
our request, or else flatly refused to give us the information desired. 

The labor of preparing a full history of this county has been very great, 
for there is a great amount of real history here, more, perhaps, than in 
any other county in the state, owing to the State Capital, State University, 
and other institutions having had their beginnings here. 



PREFACE. 

e had no friends to puff nor enemies to punch ; no old sores to pick open, 
.or old scores to even up; but "with charity for all and mahce toward 
none," we have wrought patiently, diligently and conscientiously at our 
task to the end. We have aimed to make this volume so reliable and 
complete that it will take rank at once as a standard cyclopedia of John- 
son county history and interests, alike in the family, the private office, the 
county offices, or the township ^board meetings. And trusting that this 
high aim has been reasonably well achieved, we herewith submit our 
volume to the judgment and the service of its patrons. 

Respectfully, The Editor, 

And the Publishers. 
Iowa City, Iowa, December 1, 1882. 



• / 



INDEX TO STATE HISTORY. 



Discovery and Occupation 17 

The Original Owners 25 

Pike's Expedition 29 

Indian Wars 30 

The Black Hawk War 35 

Indian Purchases, Reserves and 

Treaties 37 • 

Spanish Grants 41 

The Half-Breed Tract 42 

Early Settlements 44 

Territorial History 51 

The Boundary Question 55 

State Organization 59 

The Agricultural College and 

Farm 64 

The State University 65 

State Historical Society 72 

The Penitentiary 72 

Additional Penitentiary 73 

Iowa Hospital for the Insane (Mt. 

Pleasant; 74 

Hospital for the Insane (Indepen- 
dence) 74 

Iowa College for the Blind 75 

Institution for the Deaf and Dumb 77 

Soldiers' Orphans' Home 77 

State Normal School 79 

Reform School for Girls 79 

Asvlum for Feeble-Minded Child- 
ren 79 

The Reform School 80 

Fish Hatching Establishment .... 81 

The Public Lands 82 

The Public Schools 96 

Political Record — Territorial Of- 
ficers 100 

Oflficers of the State Governrnent.lOO 
The Judiciary — Supreme Court of 

Iowa 102 

Congressional Representation .... 102 

"W^ar Record 104 

Infantry 108 

Cavalry 119 

Artillery 122 

Number of Troops furnished by 
the State of Iowa, during the 
War of the Rebellion, to Janu- 
ary 1, 1865 125 



Constitution of the United States 
of America and its Amend- 
ments 126 

Bills of Exchange and Promissory 

Notes 138 

Interest 138 

Descent 138 

Wills and Estates of Deceased 

Persons 139 

Taxes 140 

Jurisdiction of Courts 142 

Limitation of Actions 142 

Jurors 142 

Capital Punishment 143 

Rights of Married Women 143 

Exemption from Execution 143 

Estrays 145 

Wolf Scalps 145 

Marks and Brands 145 

Damages from Trespass 145 

Fences 14 

Mechanics' Liens 14 

Roads and Bridges 14 

Adoption of Children 1^^ 

Surveyors and Surveys 1' 

Support of Poor 1' 

Landlord and Tenant 1' 

Weights and Measures I'-o 

Definition of Commercial Terms. li 

Notes li • 

Orders li 

Receipts 1 1 

Bills of Purchase Vi 

Confession of Judgement 1 

Articles of Agreement 1^ 

Bills of Sale 153 

General form of Will for Real and 

Personal Property 154 

Codicil 155 

Satisfaction of Mortgage 155 

Forms of Real Estate Mortgage. .156 

Form of Lease 157 

Form of Note 158 

Warranty Deed 159 

Quit-Claim Deed 160 

Bond for Deed 160 

Charitable, Scientific and Relig- 
ious Institutions .161 



INDEX OF COUNTY HISTORY. 



\ 



CHAPTER I— PART 1. 

The County's Name — Sketcli of Col. " Rumpsy-Dumpsy" Johnson — S. C. Trowbridge 
the First County Officer — Rival County Seats — Act to Organize — First County 
Board Meeting — Removal of County Seat, etc 165-178 

CHAPTER I— PART 2. 

First Election Precincts — First Road Districts — Complete List of Present Civil Town- 
ships, their dates of organization. Post Offices, etc 179-185- 

CHAPTER II— PART 1. 

Historic Elections — Successive County Officers — The Grand Parliament — Higher 
Political Honors— Post Office Matters— Census by Townships. 1850 to 1880 185-204 

CHAPTER II— PART 2. 

First District Court— First Criiminal Case (Gregg) — First Court in Iowa City — First 
Naturalizations— A Gang of Petty Thieves— A $5,000 Robbery— The Boyd Wilkin- 
son Tragedy 204-219 

CHAPTER III— PART 1. 

irt House and Jail— County Poor Farm — Complete List of County Bridges. 1876, 
881— Early Roads and Ferries 220-236 

CHAPTER III— PART 2. 

road Bond Votes — Frauds — Swindles — Lawsuits — Big Taxes to Pay, etc 237-268 

CHAPTER III— PART 3. 

t Tax list, 1838— First Taxes Collected, 1839— First County Orders— Financial 
.-ports — A Loan Voted — A Lost Record — Financial Troubles in 1861, Etc. — Statistics 
1881— Finances in 1881-'82 268-287 

CHAPTER IV— PART 1. 

nd Builders — Ancient Mounds Indians — etc., — in Johnson County 288-299 

CHAPTER IV— PART 2. 

The First Trading House— First Settlers- First Babies— First Wedding— First Deaths 
—First Doctors — First 4th of July— First Hotel and Other Buildings in Iowa City 
—First Mill Dams 300-312- 

CHAPTER IV— PART 3. 

Old Settlers' Organization — Constitution — Enrolled Names — Various Meetings — Offi- 
cers, etc 312-323 

CHAPTER V— PART 1. 

The "Claim Association" — Its Organization, Officers, Members, Mode of Operation 
- —Results 323-331 



INDEX TO COUNTY HISTORY. 11 

CHAPTER V— PART 2. 

Agriculture — Live Stocli luteiests— Horticulture — Laud Values — Birds, Bees, etc. .331-3G7 

CHAPTER VI— PART 1. 

Newspapers and Libraries — History of the "Iowa City Republican" — History of the 
"State Press" — Other Newspapers — History of the Masonic Library — Of tlie State 
University Library — Of the State Historical Society's Library — State Librarians, Prof. 
Parvin and Mrs. North 3C8-380 

CHAPTEP. VI— PART 2. 

First Schools and Colleges — Public Schools — Local History of the State University — 
Johnson County People in other State Institutions 381-406 

CHAPTER VI— PART 3. 

The Temperance Question 407-415 

CHAPTER VI— PART 4. 

Notes in 1840-41 — Trowbridge's County History — The Gov. Lucas Homestead — Ex- 
Gov. Kirkwood as Road Supervisor — Jim Hamilton's "Gunpowder Plot" — A Benev- 
olent Crank — Confusion of Names — Bible Society 415-435 

CHAPTER VII— PART 1. 

Steamboats at Iowa City — First Legislature at Iowa City — Hummer's Bell — A Cyclone 
— A Great Fire — Obsequies to President Lincoln — A Winter of Distress — The Spell- 
ing Mania — Paper Mill Explosion (Six Persons Killed) at Coralville — Iowa City's 
Historic Wind Storm — Snow-Bound — A Double Tragedy (the Stein Murder and Sui- 
cide.) 42&-448 

CHAPTER VII— PART 2. 

Governor liucas— John Gilbert — Joseph F. Fales — Capt. F. M. Irish — Dr. Wm. Vogt. 
—Hon. Rush Clark 449-46? 

CHAPTER VII— PART 3. 

A Negro Boy Sold — Two Black Girls Kidnapped — Old John Brown's Kight Escape ^ 
from an Iowa City Mob 463-477 

CHAPTER VIII— PART 1. 

Johnson's County's "Boys in Blue"— The War of the Great Rebellion 477-517 

CHAPTER VIII— PART 2. 

Soldiers' Bounty andRelief Funds— List of Soldiers' Wives aided— The Military Draft 
— Reception of Returned Regiment — List of Johnson County Men in the Mexican 
War— Johnson County's "Mormon War." 517-530 

CHAPTER IX— PART 1. . 

Geography, Topography, Hydrography, Climatology — The Iowa Weather Service, 530-543 

CHAPTER IX— PART 2. 

Two State Geologists. — U. S. Geologists at Iowa City.--Prot. Agassiz at Iowa City. — j 
Prof. Calvin's List of Fossils of Johnson County 544-" ~ 



12 INDEX OF COUNTY HISTORY. 

CHAPTER IX— PART 3. 

A Lesson in Zoology — Mr. Shimek's Report — Lists of Beasts, Birds, Reptiles, Fishes 
— Native Animals—Bear and Wolf Stories— Wolf Scalp Bounties — The Game Law- 
Game and Fish Interests 561-579 

CHAPTER X— PART 1. 

Pioneer Points, by Hon. Henry Felkner 579-586 

CHAPTER X— PART 2. 

Annals of Oxford 586-598 

« 

CHAPTER X— PART 3. 

Chronicles of Clear Creek 598-629 

CHAPTER X— PART 4. 

Beginnings of "Big Bottom," by Nicholas Zeller.— Being the Early Settlement of what 
is now Madison and Per.u Townships 630-633 

CHAPTER XI— PART 1. 
History of Iowa City 633-645 

CHAPTER XL— PART 2. 

Iowa City's School History — Churches — Secret Orders.-Local Societies — Bands — 
Clubs, etc 646-676 

CHAPTER XL— PART 3. 

The City's Civil Administration. Finances, Manufactories, Etc., 676-691 

Township Histories 692 

jlographical sketches 763 

t 
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The 



Oh 
c 



The 



INDEX TO BIOGRAPHICAL SKETCHES. 



Abbott Cyrus, Sr 775 

Adair Samuel F 775 

Adams E. M 775 

Adams James M 776 

Adams John E 77C 

Adams Moses 776 

Aichar Ciperian 776 

Albiu George 777 

Alder Ira J 777 

Alder Louis 958 

AUoway Samuel 777 

Alt Jacob H 777 

Alt Joseph A 778 

Anderson Robert 778 

Anderson Levi 778 

Anderson George 770 

Anderson John A .779 

Anderson George W 779 

Andrews George 780 

Andrews O 780 

Andrews William 780 

Andrle John W 780 

Babcock Orville G 781 

Baker Charles 781 

Baker George T 781 

Baker William H 782 

Baker Marion 782 

Ball George W 782 

Bane James W 782 

Barborka Joseph 783 

Bartlett Lyman 783 

Baumgardner A. B 95!) 

Beecher James 783 

Beranek John K 784 

Berry James 784 

Beuter A. W 784 

Beem Isaac 784 

Birrer Martin 785 

Black T. H 785 

Blaine Wilson 785 

Bloom Leon 785 

Bloom Hon.M 786 

Bloom Benjamin 959 

Borland George T 787 

BoalGeoreeJ 787 

Boone Abner 787 

Borland John 787 

Bowersox James E 788 

Bowles John J 788 

Bowman Jacob 788 

Bowen /esse 959 

Bradley Charles H 789 

Bradley Stephen 789 

Brakel J. C 789 

Bridenstine James 789 

Brierton Michael 790 

Brown John M 790 

Brown J. G 790 

Brown E. A 791 



Page 

Brunson Henderson 791 

Bushnagle Alexis 791 

Buck W.F 791 

Burgess E.W 792 

Buresh Joseph 792 

Butler Martin Van Buren.792 
Byington Robert W 792 

Calagy OwenT 793 

Calvin Sam uel 767 

Cannon W. D 793 

Carrigan James 793 

CarlFied T 793 

Cavanagh Mathew 794 

Cavanaugh James 960 

Cerny Joseph 794 

Cerny John J 794 

Chamberlain James 795 

Chamberlain Lewis E. . .795 

Cherry Thomas W 795 

Cherry Ames 795 

Christee John A 796 

Clarke Augustus L 796 

Clark John Norwood 796 

Clark Zachariah A 796 

Clapp Elmer F 767 

ClappL. W 797 

Clark John H 797 

Clench Charles E 797 

ClineM. C 798 

Clifford C. E 798 

Close M. T., Close C. D...798 

Cloud James R 799 

Cloud Samuel 799 

Clute Rev. Oscar 799 

Cochran Mathew 800 

Coldren John 800 

Combe Thomas 800 

Couklin W. F 800 

ConkliuD. V 801 

Cook John 801 

Couover Chas. W 801 

Cook M.W 801 

Currigan Mark 802 

Cotter Wm. H 802 

Cowgill J 803 

Cowperthwaite Allen C. .768 

Cox Aaron 803 

Cox Thomas J 803 

CozineJ. R 803 

Crawford Andrew 803 

Cray Jerry 804 

Cray .John H 804 

Crow Nathaniel.. 804 

Crozier David 805 

Cree Capt. Alfred B.. . -805 

Custer Alonzo B 805 

Custer Emily F 961 

Currier Amos. N 768 

DanzellJohn 806 



Page 

Davis John 806 

Davis Thomas D 806 

Davis L .. .807 

Davis John 807 

Dennis Isaac V 807 

Denison J. B 808 

DeSellem Isaac N 808 

DeSellem George B 961 

DevoeS. J 808 

De vault 8trawder 809 

Dickenson Joseph 809 

Dilatush John 809 

Dille L. B 810 

Dixon D.M 810 

Dojidore J 810 

Dodder George W 810 

Donohoe Michael 811 

Donohoe Patrick 811 

Donavan Patrick O 811 

Donavan Patrick 811 

Douglass J.M 811 

Douglass William A... 812 

Douglass James H 812 

Draubaugh David 812 

Duffv Michael 812 

Dunicel Frank 813 

Dunkel Kasper 813 

Dunkel Willian'i J 813 

DunlapR.L 813 

Dupont Edward 813 

Durst Jacob .814 

Earhart Henry 814 

Eddy W. M 814 

Edmonds Giles 615. 

Edwards Joseph A 815 

Egerman John 815 

Eggert Charles A 769 

Eiuig Michael 815 

Emonds William .816 

Englert Louis 816 

Englert George 816 

Englert Henry J 817 

Englert John J 817 

Erd Jacob II 817 

EstabrookC. T 817 

Fackler W. B 818 

Fairall Hon. Samuel H. 818 

Fairall Charles H 961 

Fairchild Isaac 818 

Felkner Hon. Henry. . .818 

Fellows Stephen N 769 

Fern Thomas 819 

Fernstrom Charles 819 

Fiala JosepTi 81© 

Figg William L 962 

Finch Silas M 819 

Fisher W. R 820 

Fisher John 820 



\ 



14 



INDEX TO BIOGRAPHIES. 



Fisher Jacob H 820 

Fitzgerald Morris 820 

Fitzsimmous Michael.. 821 

Fletcher Gilmau F 821 

Floerchinger Jacob 821 

Floerchinger George. . .821 
Folsom Hon. Gilman.. .822 

Ford Michael 822 

Ford Thornton 822 

Foster W. E. C 822 

Fountain William L. . .823 

Fountain John 823 

Fowntain Eli 823 

Fracker Edward G 823 

Fracker George 824 

Frazee Joseph 825 

Fulsom Rev. George P. 82.j 

Garvin T.M 825 

Gaunt William 825 

Geary James 826 

GeddisR. J 826 

George Jacob A 826 

George Martin 827 

Getsberg B 827 

Gillette OmerT 827 

Guilleton Jules E 827 

Glover T.Cr 828 

Goetz Wendel 828 

Goodroll Maj. Wm. L....828 

Gower James II 8:^9 

Graber Jacob 820 

Graham Col. Harvey. . .829 

Graham J. K.... 830 

Graham Alexander H. .830 
Grebin Christopher . . .830 

Graham Benjamin 831 

Granam Thomas 831 

Graham J. Ward 831 

Gressel Vincent 831 

Graf Conrad 832 

Green George W 832 

Griffith Humphry 832 

Goss Abraham 832 

Grimes Robert 833 

Gross Vincent 833 

Gross Gregory 833 

Guthrie Prof. Alfred A. 834 

Haddock Hon. Wm. J. .834 
Hall Capt. George R. ...835 

Hall Thomas R 835 

Ham Jonathan 835 

Ham Emerson M 836 

Hamilton Hezekiah. . . .836 
Hamilton Mrs. Mary A. 836 

Hamilton Ezra 837 

Hanley Bartlett 837 

Hartsock George 837 

Hartman Rev. Ossian. .838 
Hardsock .Tames Rush. 838 

Hartman Jonas 838 

Hawk Jonathan 839 

Held John 839 

Heinricks Henry M 839 

Hennessey Patrick 840 



Henry John 840 

>[emphill J. K 840 

Hertz Henry 840 

Hess John R 841 

Hess George P 841 

Hess Samuel S 811 

Hess Samuel J 841 

Hi ,tt Harmon H 842 

Hiatt Amos 842 

HigbeeO 842 

Hill M. R 842 

Hindman Rev. John . .843 

Hinkley ILL 843 

Hinrichs Gustavus 770 

Hirt Joseph 843 

Hobby C. M 770 

Hohenschuh Wm. P 844 

Hogan Dennis.. 844 

Holmes Beaumont S. . .844 

Hoffer Jacob 845 

Hollings worth Mahlon.845 

Holmes John J 845 

Honberger W. F 845 

Horn Jacob 846 

Hanke Samuel G 846 

Horrell Joseph H 846 

riorak Frank J 847 

Hotz Simeon 847 

Hotz Jacob J ..847 

Horner Benjamin M. . .848 

Houser J. F 848 

Hughes Hon. Thomas. .848 

Hunt Wm 849 

Hunter Adam .849 

Hudson Polly 850 

Hubner Charles 850 

Hutchenson Robert 850 

Hummei George 851 

Hucek Martin 851 

Irisli Hon. John P 851 

Isense August 852 

Jacobs Peter 8.52 

Jayne John W 852 

Jayne .John E 8.53 

Johnson Sylvanus 853 

Johnson Rolla 8.53 

Johnson Lawrence 854 

Jones Charles 854 

Jayne William 854 

Karbulka .Joseph 855 

Keim Jacob 855 

Kelley Michael 855 

Keeler Amos 855 

KenyonRev. Fergus L.8.56 

Kessler Frank S 856 

ivessler Fidel 856 

Kettlewell George W..8.56 

Kettles Peter 857 

Kirkwood Samuel J 763 

Kniese Adam 857 

Koenig Jacob 857 

Koler J. F 857 

Korab Paul A 858 



Koser Alexander 858 

Koza /oseph 962 

Kraus John 858 

Kramer Jacob 858 

Lanning Edward 859 

LaneF.H 859 

Lane H. C 859 

J>angdon D. M 8.59 

Lathrop H. W 860 

Laufer Herman 860 

Lee J. Walter 860 

Leonard A. W 860 

Leonard Nathan R 771 

Letovsky Victoria B..861 

Lewis Chas 861 

Letovsky John B 862 

Letovsky J. M. B 862 

Levy M.. 863 

Lenz August 863 

Lenz John 863 

Lidner Antone 863 

Lightner Joel 863 

Liiiinger Jacob 864 

Lininger Martin E 864 

Loan J. W 865 

Lodge Charles M 865 

Long Peter 865 

Lorenz Robert 962 

Lord Samuel 865 

Lovelace Chauncey F. .865 

Love Alexander 866 

Lucas Chas. A 866 

Lucas Edward K 866 

Lucas Hon. E. W 866 

Luse Judge Z.C 867 

Luse M. R 867 

Luse Stephen 868 

Luther Christopher 868 

Lutz J. H 868 

Mahana Capt. Bradley. 869 

Maher Mathew 870 

Mahoney Dennis 870 

Madison Thomas H . . .870 

Magill Samuel W 870 

Magruder James 874 

Magruder George 875 

Malloy James 871 

Marvin "William E 871 

Maston George L 871 

Mathewson George D...871 

McConnell L. A 872 

McCarthy Jeremiah . . . 872 

iMcClellan D. E 872 

McClaiuEmlin 771 

McColIister Hon. Chas. 962 

McCrory Hon. S. H 963 

McCullough H. B 873 

McCune Charles W... 873 

McCune John P 873 

McCreery Hugh. . 874 

McDonnell E 874 

McGovern Hugh 829 

Mclnneiy Michael 874 

Medowell Arthur 875 






INDEX TO BIOGRAPHIES. 



15 



Medowell Henry 875 

Mellecker Francis X. . .87(3 
Medowell Margaret H.yos 

Meyer Matthias 876 

Merline Antone 870 

Michael Joseph 877 

Miller Valentine 877 

Miller A. J 877 

Miller Aaron P 877 

Miller John B S78 

Miller Joseph P 878 

Moon, M D., Arnold C.878 
Moreland Alexander L. 879 

Moreland John L 879 

Morovork Anton 879 

Moessner Pred 8«0 

Morse Mrs. Mary A 880 

Mordofl A. D 880 

Horseman, M. D., M. J. 880 

Mullen William 881 

Mulock R. T 881 

Myers Valentine 881 

Myers Daniel «82 

Meyer Morant 882 

Myers Isaac 882 

Myers L. D 882 

Myers Eli 883 

Nolan Thomas 883 

Nolan James 883 

North Mrs. Ada, 772 

Novak Frank 883 

Novak Frank 884 

Musser J. D 884 

Oaks John P 884 

Oaks Charles C 885 

Oathout Alva 885 

Oathout Justus 885 

Oberman Rev. Karl F. .880 

O'Brien Joseph 886 

O'Hair M. A 887 

O'Hanlon James 887 

O'Hanlan William 887 

O'Rilly Frank H 964 

O'Riley Michael 964 

Oglevee M. C 887 

Oglevee John. 887 

Orr William V 888 

Otto Max 888 

Packard Asby D 888 

Packard G. H 889 

Paine Eugene 889 

Paine Stephen E 890 

Palmer Charles H. Jr.. .890 

Palmer Philip 890 

Parker Leonard F 772 

Parsons John 890 

Parrott J olui 890 

Patterson Bruce 891 

Patterson Hon. L B...891 
Pattee Lieut-Col. John. 891 

Patton J. G 892 

Paul Hon. George 892 

Pauba Joseph W 893 



Parvin Theodore Sutton. .764 

Payn Evan 893 

PefferE. H 893 

Peters James 893 

Peters John 894 

Philbnck P. H 772 

Pitlik Joseph 894 

Pickering John A 894 

Pickard Josiah L 767 

Plymesser Samuel J. ...894 

Plymesser Samuel 895 

Poggenpohl H. F 895 

Pohler Thomas 895 

Poole Wni. H 895 

porter John W. . . - 896 

Porch L. D 896 

Pratt D. A 897 

Pratt W. T 897 

Pratt Charles 897 

Price Jacob F 898 

Price A. O 898 

Pryce Richard W., K.D.898 

PrvceCapt.S.D 898 

Pudil Frank J 899 

Price Benjamin 899 

Quinn Rev. James 899 

Rabenau F. W 900 

Rank Cyrus S 900 

I^ayner .Joseph 900 

Hedhead Wesley 901 

Redtield J. A., Jr 903 

Rees Jacob 903 

Regan Patrick 904 

Reno Charles M 904 

Remley Milton 905 

Rentz George 905 

Rettemeyer Frances. .905 
Rettemeyer Frank J. . .906 

Reynolds John 900 

Ricord Edward R 906 

Ricord Jacob 906 

Ricord Elisha H 907 

Richey N. B 908 

Rink Charles A 908 

Rinehart Alex 908 

Ritter Benjamin 908 

Robinson Levi 909 

Robinson James 909 

Robinson Hiram A 909 

Robinson James T 910 

Robinson James 965 

Robotham Charles 910 

Rohret Mrs. Catharine. 965 

Rossler Gottleib F 910 

Ross Lewis W 773 

RoweH.D 911 

Rowley A 911 

Rubelman Andrew — 911 

Runyon S. R 911 

Runyon Asa 911 

Ruth Alex 912 

Sangester E 912 

Sargent Cyrus 912 



Saxton Walter 913 

Scanlon James 913 

Scanlon James W 913 

Scales Nathaniel 913 

Schaedler John B 914 

Schell William J 914 

Schaich George 914 

Schenkemyer Henry... 915 

Schlenk George. 915 

Schonborn Joseph 915 

Scofield Mrs. Phebe 773 

Seeley H. H 915 

Seevogel Henry C (115 

SehornMrs.Elizabeth G.916 

Serovy A 91^ 

Seydel Milton 916 

Seydell Jacob N 916 

Shaver George 917 

Shaver Capt. P. E 917 

Shepardson J. J 9I8 

Sheppard Wm. C 918 

Shields Andrew 918 

Shinn Henrv E 919 

yhircliff C. H 919 

Shirk Daniel 919 

Shuev Jacob 919 

Shrader John C 773 

Sies Frank 920 

Simek Francis Joseph. .920 

Simek Bohumil 921 

Slater Owen 921 

Slater John W 922 

Slemmons Matthew G...922 

Slezak Joseph 922 

Smith Mrs. Sarah A 952 

Smith Dexter P 923 

Smith Frank H 923 

Smitn Mrs. Sasan F 923 

Smith Harry C 924 

Sni ith George E 924 

ymith Miss Susan F 774 

Smith William F 924 

Smith Z 925 

Smith Robert A 925 

Smyth Father Patrick. 925 

Snavely Michael T 926 

Snider Corbly 926 

Snyder J. K 926 

Sorter Alexander 927 

Spencer J. O 927 

Spinden Samuel 927 

Staley A. W 928 

Startzer Rudolph 928 

Staley Charles W 928 

Startsman Oliver 928 

Stach Joseph J 929 

Steel John W 929 

Steele Joseph 929 

Stonebarger Jacob 929 

Stover Jerry 930 

Strub Gustave 931 

Strang James B 981 

Strawbi idge Jesse K. . .931 

Strohm Henrv 932 

Struble John T 932 

Stewart Dr. David 932 



16 



INDEX TO BIOGRAPHIES. 



Stuart Maria E 933 

Sutliff H. S 933 

Sulek Frank 933 

Swafford Mrs. Sarah B. 934 

SweetCaleb J 934 

Sweei William T 934 

Swislier Benjamin 935 

Switzer Joshua P 935 

SwofEord A. C 935 

Swofford C G 936 

Templin James D 936 

Tanner Frank 986 

Tantlinger Perry 937 

Taylor William H 937 

Teneick Matthew 937 

Teneick William P 937 

Terrell Walter 938 

Tharpe Lee 938 

Thompson John H 938 

Thompson Rev. H. M. .9.39 

Thorn Graham 939 

Tice Capt. J. A. L 939 

Townly David 939 

Trimble Peter P 940 

Trumbo George 940 

Trobridge Col. S. C 940 

Tulloss N.K., M. D....941 

Tullos Frank 941 

Tulloss IraE 941 

Tudor Edward 941 

Ulum J. C 942 

Ulch George 942 



UnrathAdam 942 

Vanfleet John E 952 

Vonstein Peter 943 

Wagner John 943 

Wagner George W 943 

Wagner John P 944 

Waldron JohnL 944 

Walker Henry 944 

Walker Robert 965 

Walker James 945 

Ward J.R 945 

Walker A. P 945 

Walker Joseph 946 

Watson B. P 946 

Watson Lewis H 947 

Weber Peter J 947 

Weeber Isaac S 947 

Weiser John C 947 

Welch Willard J 948 

Wescott Jr., Albert. . . .948 

Wescott Moses A 948 

Wetoshak Charles 948 

Whedon W. D 949 

Whetstone John H 949 

Whedon W. D 949 

Whetstone John H 949 

WhileHarrvA 949 

Whitset .John 949 

Wical George 950 

Wieneke Henry J 950 

Williams Benjamin 950 

Williams Enoch 950 



White Harry A 949 

Whitacre Aquilla 965 

Whitsel John 949 

Wical George 9.50 

Wieneke Henry J 950 

Williams Benjamin 950 

Williams Enoch 950 

Williams Robert 951 

Willis Jacob R 951 

Wilson William F 951 

Wilson J. W 9.52 

Wilson Thomas W 952 

Wise J. R 952 

Wlack Joseph 952 

Wood David W 953 

Worden Edward 956 

Workman Hon.Samuel.966 

Wolfe William 954 

Wolfe Hon. Lewis R. . .954 

Wray Carson B 954 

Wray David 955 

Xanten John A 955 

Yager Jacob 956 

Yenter Jacob 956 

Zal^Dkrtsky Joseph 956 

Zeller Jacob 956 

Zeller Jr., N 957 

Zeller Michael 957 

Zeigler David B 957 

Zeller Sr., Nicholas 957 

Zimmerman William.. 957 



\_, 



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 will 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 Mississippi 
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 with the usage of nations, under which title to the soil was 
claimed by right of discovery, Spain, having conquered Florida and discovered 
the Mississippi, claimed all the territory bordering on that river and the Gulf of 
Mexico. But it was also held by the European nations that, 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 France. 

The unparalleled labors of the zealous French Jesuits of Canada in penetrating 
the unknown region of the West, commencing in 1611, form a history 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 ten 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 the 
land of the prairie and wild rice, were all assembled there. The Illinois told 



18 HISTORY OF THE STATE OF IOWA. 

the story of their ancient glory and about the nolile river on the banks of which 
they dwelt. The Sioux also told their white brother of the same great river, 
and Allouez promised to the assembled tribes the protection of the French 
nation against all their enemies, native or foreign. 

The purpose of discovering the great river about which the Indian 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, the French Government had determined to extend 1?he 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 
remn 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 Avas 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 13th day of May, 1673, with Joliet and five Canadian-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. 19 

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

This was the extreme point beyond which the expkjrations of the French 
missionaries had not then extended. Here Marquette was instructed by his 
Indian liosts 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 hearers 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 sq 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 Avere, 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 and 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 possession of all the immense 
region watered by the great river and its tributaries from its source to its mouth, 
and named it Louisiana, in honor of his master, Louis XIV. The river he 
called " Colbert," after the French Minister, and at its mouth erected a column 
and a cross bearing the inscription, in the French language, 

"Louis the Great, King of France and Navarre, 
Reigning April 9th, 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. 



20 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 fir 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 wealthy 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 eiforts 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 which it ever possessed grew out of the enterprise of humble indi- 
viduals, who had succeeded in instituting a little barter between 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, a ad 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 oflScers, commission those of the 
army, and to appoint and remove judges, to cast cannon, and build and equip 
ships of war. All this was 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 /C 
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. 21 

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 Mississippi. Fort Orleans, high up 
the Mississippi River, was erected as an outpost in 1720. 

The Mississippi scheme was at the zenith of its power and glory in January, 
1720, but the gigantic bubble collapsed more suddenly than it had been inflated, 
and the Company was declared hopelessly bankrupt in May following. France 
was impoverished by it, both private and public credit were overthrown, capi- 
talists suddenly found themselves paupers, and labor was left without employ- 
ment. The effect on the colony of Louisiana Avas 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 siege 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 1746. 

The Company, having found that the cost of defending Louisiana exceeded 
the returns from its commerce, solicited leave to surrender the Mississippi 
wilderness to the home government. Accordingly, on the 10th of April, 1732, 
the jurisdiction and control over the commerce reverted to the crown of France. 
The Company had held possession of Louisiana fourteen years. In 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 flour 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 settl^• 



22 HISTORY OF THE STATE OF IOWA. 

nents toward the Mississippi. France was resolved on retaining possession of 
;he great territory which her missionaries had discovered and revealed to the 
^orld. French commandants had avowed their purpose of seizing every 
Englishman within the Ohio Valley. 

The colonies of Pennsylvania, New York and Virginia were most aflFected by 
;he encroachments of France in the extension of her dominion, and particularly 
n the great scheme of uniting Canada with Louisiana. To carry out this 
Durpose, 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 the Ohio 
R.iver. Virginia was not only alive to her own interests, but attentive to the 
,^ast importance of an immediate and effectual resistance on the part of all 
;he English colonies to the actual and contemplated encroachments of the 
French. 

In 1753, Governor Dinwiddle, of Virginia, sent George Washington, then a 
y^oung man just twenty-one, to demand of the French commandant " a reason 
ibr invading British dominions while a solid peace subsisted." Washington met 
;he French commandant, Gardeur de St. Pierre, on the head waters of the 
A.lleghany, and having communicated to him the object of his journey, received 
:he 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 
^vaters. 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 
:he 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 
;he forks of the Ohio, with orders to "finish the fort already begun there by the 
Ohio Company, and to make prisoners, kill or destroy all who interrupted the 
English settlements." 

On his march through the forests of Western Pennsylvania, Washington, 
:hrough 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 
:he same time, with his own musket, setting the example. An action lasting 
ibout 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- 
)ners. 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 
50on re-enforced, and Col. Washington was compelled to return to Fort 
N^ecessity. Here, on the 3d day of July, De Villiers invested the fort with 
300 French troops and 100 Indians. On the 4th, Washington accepted 
terms of capitulation, and the English garrison withdrew from the valley of 
the Ohio. 

This attack of Washington upon Jumonville aroused the indignation of 
France, and war was formally declared in May, 1756, and the " French and 
Indian War" devastated the colonies for several years. Montreal, Detroit 
md all Canada were surrendered to the English, and on the 10th of February, 
17G3, by the treaty of Paris — which had been signed, though not formally ratified 
t)y 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 
5ide 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 lOAVA. 23 

whole country to the head waters of tlie 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 Avar, by the treaty of peace between Great 
Britain and the United States, the English Government ceded to the latter 
all the territory on the east side of the Mississippi River and north of the thirty- 
first parallel of north latitude. At the same time, Great Britain ceded to 
Spain all the Floridas, comprising all the territory east of the Mississippi and 
south of the southern limits of the United States. 

At this time, therefore, the present State of Iowa was a part of the Spanish 
possessions in North America, as all the territory west of the Mississippi River 
was under the dominion of Spain. That government also possessed all the 
territory of the Floridas east of the great river and south of the thirty-first 
parallel of north latitude. The Mississippi, therefore, so essential to the pros- 
perity of the western portion of the United States, for the last three hundred 
miles of its course floAved 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 Crown, and 
ae the final settlement intimately affected the status of the then future State 
of Iowa, it Avill be interesting to trace its progress. 

The people of the United States occupied and exercised jurisdiction over 
the entire eastern valley of the Mississippi, embracing all the country drained 
by its eastern tributaries ; they had a natural right, according to the accepted in- 
ternational laAV, to follow these rivers to the sea, and to the use of the Missis- 
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 Avestern settlements then rapidly rising into commercial and political 
importance. They were situated in the heart of the great valley, and with 
Avonderfully expansive energies and accumulating resources, it was very evident 
that no power on earth could deprive them of the free use of the river beloAV 
them, only Avhile their numbers Avere insufficient to enable them to maintain 
their right by force. Inevitably, therefore, immediately after the ratification of 
the treaty of 1783, the Western people began to demand the free navigation 
of the Mississippi — not as a favor, but as a right. In 1786, both banks of 
the river, below the mouth of the Ohio, were occupied by Spain, and military 
posts on the east bank enforced her power to exact heavy duties on all im- 
ports by Avay of the river for the Ohio region. Every boat descending the 
river Avas 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 somcAvhat relaxed from 1787 to 1790 ; but Spain held it as 
her right to make them. Taking advantage of the claim, of the American people, 
that the Mississippi should be opened to them, in 1791, the Spanish Govern- 
ment concocted a scheme for the dismembership of the Union. The plan Avas 
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 Avould grant them favorable commercial priA'ileges, 
proAnded they would secede from the Federal Government east of the mountains. 
The Spanish Minister to the United States plainly declared to his confidential 
correspondent that, unless the Western people would declare their independence 



24 HISTORY OF THE STATE OF IOWA. 

and refuse to remain in the Union, Spain was determined never to grant tlie 
free navigation of the Mississippi. 

By the treaty of Madrid, October 20, 1795, however, Spain formally stip- 
ulated 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 
Kinf^, 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 oifered 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 thi 
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 tvest 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 inigld be willing 
to cede the tvhoh 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 Avith 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. 
Accordino-lv, on the 20th day of December followin^i;. on behalf of the Presi- 
dentj Gov. Clairborne and Gen. Wilkinson took possession of the Louisiana 



HISTORY OF THE STATE OF IOWA. 25 

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 Jeiferson's administration had been accomplished, 
the United States would have acquired only that portion of the French territory 
lying east of the jNIississippi River, and while the American people would thus 
have actiuired 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, Avhich 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, 1S14, 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 Mississippi River and north of Missouri was made a part of the 
Territory of Michigan ; but two years later, on the 4th of July, 1836, 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 lO'WA 

■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 Tei'ritory of Iowa, it becomes necessary to 
give some history of 

THE INDIANS OF IOWA. 

According to the policy of the European nations, possession perfected title 
to any territory. We have seen that the country west of the Mississippi was first 
discovered by the Spaniards, but afterward, was visited and occupied by the 
French. It was ceded by France to Spain, and by Spain back to France again, 



26 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, Avho 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, who roamed at will over her beautiful and 
fertile prairies, hunted in her woods, fished in her streams, and often poured out 
their life-blood in obstinately contested contests for supi'emacy. 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 
fought their way westward, and united, probably, after the Foxes had been driven 
out of the Fox River country, in 1846, and crossed the Mississippi. The death 
of Pontiac, a famous Sac chieftain, was made the pretext for war against the 
Illini, and a fierce and bloody struggle ensued, which continued until the Illinois 
were nearly destroyed and their hunting grounds possessed by their victorious 
foes. The 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 warlike foes, the 
Northern Sioux, with whom they maintained a constant Avarfare for the posses- 
sion of the countiy 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 the 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 Upper Iowa. 

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



HISTORY OF TtlE STATE OF IOWA. 27 

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 Van Buren County, on the site where lowaville now 
stands. Here the last great battle between the Sacs and Foxes and the lowas 
was fought, in which Black Hawk, then a young man, commanded one division 
of the attacking forces. The 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 field 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 main 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 could take a full survey of the village, and watch every movement of the inhabitants, by 
which means they 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 racing, 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 tliis state of things aff'orded 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 assault on 
the unarmed men whose attention was engrossed with the excitement of the races. The plan 
was skillfully laid and most dexterously executed. Black Hawk with his forces reached the 
village undiscovered, and made a furious onslaught upon the defenseless inhabitants, by tiring 
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 soon as the 
fire brand could be spread from lodge to lodge. 

" On the instant ot the report of fire arms at the village, the forces under Pash-a-po-po 
leaped from their couchant position in the grass and sprang tiger-like upon the astonished and 
unarmed lowas in the midst of their racing sports. The fir^t impulse of the latter naturally led 
them to make the utmost speed toward their arms in the village, and protect if possible their 
wives and children from the attack of their merciless assailants. The distance from the place of 
attack on the prairie was two miles, and a great number fell in their flight by the bullets and 
tomahawks of their enemies, who pressed them closely with a running fire the whole way, and 
the survivors only reached their town in time to witness the horrors of its destruction. Their 
whole village was in flnmes, and the dearest objects of their lives lay in slaughtered heaps 
amidst the devouring element, and the agonizing groans of the dying, mingled with the exulting 
shouts of the victorious foe, filled their hearts with maddening despair. Their wives and children 
who had been spared the general massacre were prisoners, and together 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 many lives as possible by a retreat across the Des Moines River, 
which they effected in the best possible manner, and took a position among the Soap Creek 
Hills." 

The Sacs and Foxes, prior to the settlement of their village on Rock River, 
had a fierce conflict with the Winnebagoes, subdued them and took possession 



28 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 estnnated 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 bluifs 
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 tlieir 
rivals 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 confiict and bloody struggle, v.. boundary line was 
established between them by the Government of the United States, in a treaty 
held at Prairie du Chien, in 1825. But this, instead of settling the difficulties, 
caused them to quarrel all the more, in consequence of alleged trespasses upon 
each other's side of the line. These contests were kept up and became so unre- 
lenting that, in 1830, Government bought of the respective tribes of the Sacs 
and Foxes, and the Sioux, a strip of land twenty miles in width, on both sides 
of the line, and thus throwing them forty miles 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 i^f 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 tw^enty rods, and he fell dead. Three 
other Sac braves were killed. But few of the Sioux escaped. The victorioua 



HISTORY OF THE STATE OF IOWA. 29 

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 possessed, and, 
also, the selection of proper sites for the establishment of military posts and 
trading stations. The Army of the West, Gen. James Wilkinson commanding, 
had its headquarters at St. Louis. From this post, Captains Lewis and Clark, 
with a sufficient force, Avere 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 newly 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 23d of August, at what is 
supposed, from his description, to be the site of the present city of Burlington, 
which he selected as the location of a military post. He describes the place as 
being " on a hill, about forty miles above the River de Moyne Rapids, on the 
west side of the river, in latitude about 41° 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 tbe mouth of the Henderson, which pours its waters 
into the Mississippi from Illinois. The fort was built at Fort Madison, but from 
the distance, latitude, description and map furnished by Pike, it could not have 
been the place selected by him, while all the circumstances corroborate the 
opinion that the place he selected was the spot where Burlington is now located, 
called by the early voyagers on the Mississippi, "Flint Hills." 

On the 24th, with one of his men, he went on shore on a hunting expedition, 
and following a stream which they supposed to be a part of the Mississippi, they 
were led away from their course. Owing to the intense heat and tall grass, his 
two favorite dogs, which he had taken with him, became exhausted and he left 
them on the prairie, supposing that they would follow him as soon as they 
should get rested, and went on to overtake his boat. Reaching the river, he 
waited some time for his canine friends, but they did not come, and as he deemed 
it inexpedient to detain the boat longer, two of his men volunteered to go in pur- 



30 HISTORY OF THE STATE OF IOWA. 

suit of them, and he continued on his way up the river, expecting that the two 
men would soon overtake him. They lost their way, however, and for six days 
were without food, except a few morsels gathered from the stream, and might 
have perished, had they not accidentally met a trader from St. Louis, who 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 
Jakes 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. 31 

tribes. About the beginning of the present century he began to appear prom- 
inent in aiFairs 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 quali'fications 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 that Spain did not give up possession of the country 
to France on its cession to the latter power, in 1801, but retained possession of 
it, and, by the authority of France, transferred it to the United States, in 1804. 
Black Hawk and his band were in St. Louis at the time, and were invited to be 
present and witness the ceremonies of the transfer, 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' worth of goods 
then delivered, and a yearly annuity of one thousand dollars to be paid in 
goods at just cost, ceded to the United States all that land on the east side of 
the 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 the 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 with 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 
Esock 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 



32 HISTORY OF THE STATE OF IOWA. 

shore Avith his interpreter, and made a speech and gave us some presents. We 
in turn presented them with meat and such other provisions as we had to spare. 
We were well pleased with the young chief. He gave us good advice, and said 
our American father would treat us well." 

The events which soon followed Pike's expedition were the erection of Fort 
Edwards, at what is now Warsaw, Illinois, and Fort Madison, on the site of the 
present town of that name, the latter being the first fort erected in Iowa. These 
movements occasioned great uneasiness among the Indians. When work was 
commenced on Fort Edwards, a delegation from their nation, headed by some of 
their chiefs, w^ent 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, Avhen Fort Madison was being erected, they sent down 
another delegation from a council of the nation held at Rock River. Accord- 
ing 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 Avhich Black Hawk 
says they distrusted at the time, believing that the fort was an encroachment 
upon their rights, and designed to aid in getting their lands away from them. 

It has been held by good American authorities, that the erection of Fort 
Madison at the point where it was located ivas 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 w^ith blazing arrows ; but finding their efibrts 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 men of the Sacs and 
Foxes were called upon to go to Washington to see their Great Father. On 
their return, they related what had been said and done. They said the Great 
Father wished them, in the event of a war taking place with England, not to 
interfere on either side, but to remain neutral. He did not want our help, but 
wished us to 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. 3S 

chiefs then told him that the British traders always gave them credit in the 
Fall for guns, powder and goods, to enable us to hunt and clothe our families. 
He repeated that the traders at Fort Madison would have plenty of goods ; 
that we should go there in the Fall and he would supply us on credit, as the 
British traders had done." 

Black Hawk seems to have accepted 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 tliey pleaded the 
promise of their great father at Washington. The trader was inexora.ble ; 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, bearino- 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 with tobacco, pipes and wampum. The news ran through 
our camp like fire on a prairie. Our lodges were soon taken down, and all 
■ started for Rock Island. Here ended all hopes of our remaining at peace, 
having been forced into the war by being deceived." 

He joined the British, who flattered him, styled him " 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 was unable to lead all the Sacs 
and Foxes into hostilities to the United States. A portion of them, at the head 
of whom was Keokuk ("the Watchful Fox"), were disposed to abide by the 
treaty of 1804, and to cultivate friendly relations with the American people. 
Therefore, when Black Hawk and his band joined the fortunes of Great 
Britain, the rest of the nation remained neutral, and, for protection, organized, 
with Keokuk for their chief. This divided the nation into the " War and the 
Peace party." 

Black Hawk says he was informed, after he had gone to the war, that the 
nation, which had been reduced to so small a body of fighting men, were unable 
to defend themselves in case the Americans should attack them, and havmg all 
the old men and women and children belonging to the warriors who had joined 
the British on their hands to provide for, a council was held, and it was agreed 
that Quash-qua-me (the Lance) and other chiefs, together with the old men, 
women and children, and such others as chose to accompany them, should go to 
St. Louis and place themselves under the American chief stationed there. 
They accordingly went down, and were received as the "friendly band" of the 
Sacs and Foxes, and were provided for and sent up the Missouri River. On 
Black Hawk's return from the British army, he says Keokuk was introduced 
to him as the war chief of the braves then in the -village. He inquired how he 
had become chief, and was informed that their spies had seen a large armed 
force going toward Peoria, and fears were entertained of an attack upon the 
village ; whereupon a council was held, which concluded to leave the village 
and cross over to the west side of the Mississippi. Keokuk had been standing 
at the door of the lodge where the council was held, not being allowed to enter 
on account of never having killed an enemy, where he remained until Wa-co-me 
came out. Keokuk asked permission to speak in the council, which Wa-co-me 
3 



34 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 sufiicient 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 war spirit after Stillman'a 
defeat, and but for the signal tact displayed by Keokuk on that occasion, would 
have forced him to submit to their wishes in joining the rest of the warriors in 
the field. A war-dance was held, and Keokuk took part in it, seeming to be 
moved with the current of the rising storm. When the dance was over, he 
called the council to prepare for war. He made a speech, in which he admitted 
the justice of their complaints against the Americans. To seek redress was a 
noble aspiration of their nature. The blood of their 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 



HISTORY OF THE STATE OF IOWA. 35 

jou decide on taking this important step, it is wise to inquire into the chances of 
success," He then portrayed to them the great power of tlie United States 
against whom they would have to contend, that their 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 Avill 
kill all our old men and our wives and children, to save them from a lino-erintr 
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 undertakino;. 

CD 

But during the war of 1832, it is now considered certain that small bands of 
Indians, from the west side of the Mississippi, made incursions into the white 
settlements, in the lead mining region, and committed some murders and 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 weighed upon his mind, 
already soured by previous disappointment and the irresistible encroachments of 
the whites ; and when, a few years later, he and his people were driven from 
their possessions by the military, he determined to return to the home of his 
fathers. 

It is also to be remarked that, in 1816, by treaty with various tribes, the 
United States relinquished to the Indians all the lands lying north of a line 
dra\^'n 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 1804, to which 
they attributed all their troubles, that the Indians should not be obliged to 
leave their lands until they were sold by the United States, and it does not 
appear that they occupied any lands other than those owned by the Government. 
If this was true, the Indians had good cause for indignation and complaint. 
But the whites, driven out in turn by the returning Indians, became so clamorous 
against what they termed the encroachments of the natives, that Gov. Reynolds, of 
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 any thing less than the blood of 



36 HISTORY OF THE STATE OF IOWA. 

some of his own people ; in other words, that there would be no war unless it should 
be commenced by the pale faces. But it was said and probably thought by the 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 Avas 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 terras of this treaty is uncertain. As Avas 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 well 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. However this may be, on 
the 6th day of April, 1832, Black Hawk and his entire band, with their women 
and children, again recrossed the Mississippi in plain vicav 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 women and their 
children. 

The Cralenian, printed in Galena, of May 2, 1832, says that Black Hawk 
was invited by the Prophet and had taken possession of a tract about forty 
miles up Rock River ; but that he did not 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 with 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 with a friendly tribe on the head waters of 
the Rock and Illinois Rivers, by invitation from their chief. Other old set- 
tiers, who all agree that Black Hawk had no idea of fighting, say that he came 
back to the west side expecting to negotiate another treaty, and get a ncAv 
supply of provisions. The most reasonable explanation of this movement, Avhich 
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 was likely to lose heavily, as an Indian debt was 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. Just a week after Black Hawk crossed the river, on 
the 13th of April, 1832, George Davenport wrote to Gen. Atkinson : " I am 
informed that the British band of Sac Indians are determined to make war on 
the frontier settlements. * * * From every information that I have 
received, I am of the opinion that the intention of the British band of Sac 
Indians is to commit depredations on the inhabitants of the frontier," And 



HISTORr OF THE STATE OF IOWA. 37 

yet, from the 6th day of April until after Stillman's men commenced ^var 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 l>lack 
Hawk war of 1832, as it pertains ratlier 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 with 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 army was behind him, 
an army, too, that would sternly refuse to recognize the white flag of peace. 
His only course was to make his way northward and reach the Mississippi, if 
possible, before the troops could overtake him, and this he did ; but, before he 
could get his women and cliildren 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 tliat the starving 
Indians did not wish to fight, but would 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 effort 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 should not 
be dignilicd by the name of battle) commenced. Here, overcome by starvation 
and the victorious whites, his band was scattered, on the 2d day of August, 
18-32. 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, when he was sent to Washington, arriving there April 22. On 
the 26th of April, they were taken to Fortress Monroe, where they remained 
till the 4th of June, 1833, when orders were given for them to be liberated and 
returned to their own country. By order of the President, he was brought 
back to Iowa through the principal JEastern 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 River till that reservation 
was sold, in 1836, when, with the rest of the Sacs and Foxes, he removed to 
the Des Moines Reservation, Avhere he remained till his death, which occurred 
on the 3d of October, 1838. 



INDIAN PURCHASES, RESERVES AND TREATIES. 

At the close of tlie 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 Avere represented by Gen. Wmfield 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 



38 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 fallen in the 
Black Hawk war, thirty-five beef cattle, twelve bushels of salt, thirty barrels of 
pork, fifty barrels of flour and six thousand bushels of corn. 

This territory is known as the "Black Hawk Purchase." Although it was 
not the first portion of Iowa ceded to the United States by the Sacs and Foxes, 
it was the first opened to actual settlement by the tide of emigration that flowed 
across the Mississippi as soon as the Indian title was extinguished. The treaty 
was ratified February 13, 1833, and took effect on the 1st of June following, 
when the Indians quietly removed from the ceded territory, and this fertile and 
beautiful region was opened to white settlers. 

By the terms of the treaty, out of the Black Hawk Purchase was reserved for 
the Sacs and Foxes 400 square miles of land situated on the Iowa River, and in- 
Icuding 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 w^hich the necessary buildings were 
erected, including a comfortable farm house fot 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 were erected, one on Soap 
Creek and the other on Sugar Creek. The latter was soon swept away by a 
flood, but the former remained and did good service for many years. Connected 
with the agency were Joseph Smart and John Goodell, interpreters. The 
latter was 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 what is now 
" Keokuk's Prairie," and the latter on the present site of the city of Ottumwa. 
Among the traders connected with the agency were the Messrs. Ewing, from 
Ohio, and Phelps & Co., from Illinois, and also Mr. J. P. Eddy, who estab- 
lished his post at what is now the site of Eddyville. 

The Indians at this agency became idle and listless in the absence of their 
natural and wonted excitements, and many of them plunged into dissipation. 
Keokuk himself became dissipated in the latter years of his life, and it has 
been reported that he died of delirium tremens after his removal with his 
tribe to Kansas. 



HISTORY OF THE STATE OF IOWA. 39 

In May, 1843, most of the Indians were removed up the Des Moines River 
above the temporary line of Red Rock, having ceded the remnant of their 
lands in Iowa to the United States on the 21st of Septembe*-, 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 with the Sioux — Made July 19, 1815 ; ratified December IG, 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 ivith the Sacs. — A similar treaty of peace was made at Portage des Sioux, between 
the United States and the Sacs, by AVilliam Clark, Ninian Edwards and Auguste Choteau, on the 
loth 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 Foxes. — 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 3, 1804, and 
agreed to deliver up all their prisoners to the ofBcer in command at Fort Clark, now Peoria, 
Illinois. 

4. Treaty with the lowas. — A treaty of peace and mutual good will was made between the 
United States and the Iowa tribe of Indians, at Portage des Sioux, by the same Commissioners 
as above, on the 16th of September, 1815, at the close of the war with Great Britain, and ratified 
at the same date as the others. 

5. Treaty with the Sacs of Rock River — Made at St. Louis on the 13th of May, 1816, between 
the United States and the Sacs of Hock River, by the Commissioners, William Clark, Ninian 
Edwards and Auguste Choteau, and ratified December 30, 1816. tn this treaty, that of 1804 
was re-established and confirmed by twenty-two chiefs and head men of the Sacs of Rock River, 
and Black Hawk himself attached to it his signature, or, as he said, " touched the goose quill." 

6. Treaty of 1SS4 — On the 4th of August, 1824, a treaty was made between the United 
States and the Sacs and Foxes, in the city of Washington, by William Clark, Commissioner, 
wherein the Sac and Fox nation relinquished their title to all lands in Missouri and that portion 
of the southeast corner of Iowa known as the " Half-Breed Tract" was set oif and reserved for 
the 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, 1S25. — At 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 Ottawas and Pottawatomies. In this treaty, in 
order to make peace between the contending tribes as to the limits of their respective hunting 
grounds iu 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 River in a direct line to the second or upper fork of the Des Moines 
River ; thence in a direct line to the lower fork of the Calumet River, and down that river to its 
junction with the Missouri River. 

8. Treaty of 1830. — On the 15th of July, 1830, the confederate tribes of the Sacs and Foxes 
ceded to the United States a strip of country lying south of the above line, twenty miles in width, 
and extending along the line 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 thi'j 
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. Thw 
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 th4 
Winnebagoes were removed to it in 1841. 

9. Treaty with the Sacs and Foxes and other Tribes. — At the same time of the above treaty 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 th« Calumet 



40 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 allutted, u!ider the direction of the President of the United States, to the tribes then living 
there(in, 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 thi-ee 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 tive hundred dollars; and to the Ottoes and Missouris, two thousand five 
hundred dollars — to be paid annually tor 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 thousaml 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 affairs, and Col. Willoughby 
Morgan, of the United States First Infantry, and came into effect by proclamation, February 
24, 1831. 

10. Treatii with the Winnebagoes. — Made at Fort Armstrong, Rock Island, September 15, 1832, 
by Gen. Winfield Scott and Hon. John R,eynolds, 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, 1883. In addition to 
the Neutral Ground, it was stipulated that the United States should give the AVinnebagoes, begin- 
ning in September, 1833, and continuing for twenty-seven successive years, ten thousand dollars 
in specie, an<l establish a ^hool 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 fools were to be supplied by the Government. 

11. Treaty of 1S32 with, it e Sacfs and FoxeH. — Already mentioned as the Black Hawk purchase. 

12. Treaty of 1S36. 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 often 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 treaty as follows: "A tract of country containing 1,2-50,000 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. 41 



SPANISH GRANTS. 



While the territory now embraced in the State of Iowa was umlcr 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 liad been discovered here eight j^ears before, in 1780, by the 
wife of Peosta Fox, a warrior, and Dubuque's claim embraced nearly all tlie 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 
Maquoketa 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. 

Dubuque died March 24, 1810. The Indians, understanding that the claim 
of Dubuque under their former act of cession was only a permit to occupy the 
tract and work the mines during his life, and that at his death they reverted to 
them, took possession and continued mining operations, and were sustained by 
the military authority of the United States, notwithstanding the decision of the 
Commissioners, When the Black Hawk purchase was consummated, the Du- 
buque claim thus held by the Indians was absorbed by the United States, as the 
Sacs and Foxes made no reservation of it in the treaty of 1832. 

The heirs of Choteau, however, were not disposed to relinquish their claim 
without a struggle. Late in 1832, they employed an agent to look after their 
interests, and authorized him to lease the rio-ht 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 Dubuque, 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 lets had been sold and occupied by the purchasers, 
Henry Choteau brought an action of ejectment against Patrick Malony, who 



42 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 Auguste 
Choteau in 1804. The case was tried in the District Court of the United States 
for the District of Iowa, and was decided adversely to the plaintiflf. The case Avas 
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 
Upper 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 Uuited 
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 w^as 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. 43 

at Edinburgh, Scotland, a surgeon in the United States Army, stationed at a 
military post located on the present site of WarsaAV, 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, Jefferson, Des Moines, Montrose and 
Jackson. 

Under the treaty of 1824, the half-breeds had the right to occupy the soil, 
but could not convey it, the reversion being reserved to the United States. But 
on the 30th day of January, 1834, by act of Congress, this reversionary right 
was relinquished, and the half-breeds acquired the lands in fee simple. This 
was no sooner done, than a horde of speculators rushed in to buy land of the 
half-breed owners, and, in many instances, a gun, a blanket, a pony or a few 
quarts of whisky was sufficient for the purchase of large estates. There was 
a deal of sharp practice on both sides ; Indians would often claim 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 which they had no rightful title. On the other hand, speculators often 
claimed land in which they had no ownership. It was diamond cut diamond, 
until at last things became badly mixed. There were no authorized sur\eys, 
and no boundary lines to claims, and, as a natural result, numerous conflicts and 
quarrels ensued. 

To settle these difficulties, to decide the validity of claims or sell them for 
the benefit of the real owners, by act of the Legislature of Wisconsin Territory, 
approved January 16, 1838, Edward Johnstone, Thomas S. Wilson and David 
Brigham were appointed Commissioners, and clothed with power to effect these 
objects. The act provided that these Commissioners should be paid six dollars 
a day each. The commission entered upon its duties and continued until the 
next session of the Legislature, when the act creating it was repealed, 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 



44 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, plaintiflF in error, vs. 
Hugh T. Reid, and the judgment titles failed. About nine years before the 
"judgment titles " were finally abrogated as above, another class of titles were 
brought into competition with them, and in the conflict between the two, the 
final decision was obtained. These were the titles based on the " decree of 
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, which 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 his 
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 United 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. 45 

« 

officers — less honorable than he, perhaps — made him feel ashamed 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 Jiimself 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 such unexampled devotion, took her 
to his heart, and ever after, until his death, treated her with marked respect. Slie always pre- 
sided at bistable 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 
oflScers 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 Sopliia. Dr. Muir died suddenly of cholera, in 1832, but left his property in such condition 
that it was soon wasted in vexatious litigation, and his brave and faithful wife, left friendless and 
penfiiless, 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. Muir's 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 white American child born in Iowa. 

In 1831, Mr. Johnson, Agent of the American Fur Company, who had a 
station at the foot of the rapids, removed to another location, and. Dr. Muir 
having returned from Galena, he and Isaac R. Campbell took the place and 
buildings vacated by the Company and carried on trade with the Indians and 
half-breeds. Campbell, who had first visited and traveled through the southern 
part of Iowa, in 1821, was an enterprising settler, and besides trading with the 
natives carried on a farm and kept a tavern. 

Dr. Muir died of cholera in 1832. 
. In 1830, James L. and Lucius H. Langworthy, brothers and natives of 
Vermont, visited the Territory for the purpose of working the lead mines at 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 explore these mines and to obtain permission to work them was 
therefore eminently desirable. 

In 1829, James L. Langworthy resolved to visit the Dubuque mines. 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 refused. 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 lying between the 
Maquoketa and Turkey Rivers. He returned to the village, secured the good 
will of the Indians, and, returning to Galena, formed plans for future opera- 
tions, to be executed as soon as circumstances would permit. 



46 HISTORY OF THE STATE OF JOWA. • 

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 the 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, 11. 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 writing desk : 

We, a Committee having been chosen to draft certain rules and regulations (laws) by 
which we as miners will be governed, and having dijy considered the subject, do unanimously 
agree that we will be governed by the regulations on the east side of the Mississippi Kiver,* 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. We further agree that there shall be chosen, by the majority of the miners 
present, a person who shall hold this article, and who shall grant letters of arbitration on 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 j)rimitive 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 
enac-ted were as promptly obeyed, and the acts of the executive officer thus 
elected as duly respected, as any have been since. 

The miners who had thus erected an independent government of their own 
on the Avest 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 officer 
to the miners with orders to forbid settlement, and to command the miners to 
remove within ten days to the east side of the Mississippi, or they 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 three, recrossed the river, and 
from the east bank saw the troops land on the western shore. The three who 
had lingered a little too long were, however, permitted to make their escape 

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



HISTORY OF THE STATE OF IOWA. 47 

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 quantities of lead for market. Dubuque was becoming a noted place on 
the river, but the prospects of the hardy and enterprising settlers and miners 
were again ruthlessly interfered with by the Government, on the ground that 
the treaty with the Indians would not go into force until June 1, 1833, although 
they had withdrawn from the vicinity of the settlement. Col. Taylor was again 
ordered by the War Department to remove the miners, and in January, 1833, 
troops were again sent from Prairie du Chien to Dubuque for that purpose. 
This was a serious and perhaps unnecessary hardship imposed upon the settlers. 
They were compelled to abandon their cabins and homes in mid-winter. It 
must now 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 wagons 
and other property to be destroyed. This wanton and inexcusable action on 
the part of a subordinate clothed with a little brief authority was sternly 
rebuked by Col. Taylor, and Covington was superseded by Lieut. George Wil- 
son, who pursued a just and friendly course with the pioneers, who were only 
waiting for the time when they could repossess their claims. 

June 1, 1833, the treaty formally went into effect, the ti'oops 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 was appointed Superintendent of the mines by the Government, and a 
system of permits to miners and licenses to smelters was adopted, similar to that 
which had been in operation at Galena, since 1825, under Lieut. Martin Thomas 
and Capt. Thomas C. Legate. Substantially the primitive law enacted by the 
miners assembled around that old cottonwood drift log in 1830 was adopted and 
enforced by the United States Government, except that miners were rcciuired to 
sell their mineral to licensed smelters and the smelter was required to give bonds 
for the payment of six per cent, of all lead manufactured to the Government. 
This was the same rule adopted in the United States mines on Fever River in 



48 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 mucli dissatisfaction among 
the miners on the west side as it had on the east side of the Mississippi. They 
thought they had suffered hardships and privations enough in opening the way 
for civilization, without being subjected to the imposition of an odious 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 whole 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 were being trained, churches erected in every 
part of the city, and railroads connecting the wilderness which he first explored 
with all the eastern world. He died suddenly on the 18th of March, 1865, 
while on a trip over the Dubuque & Southwestern Railroad, at Monticello, 
and tlie evening train brought the news of his death and his remains. 

Lucius H. Langworthy, his brother, was one of the most worthy, gifted and 
influential of the old settlers of this section of Iowa. He died, greatly lamented 
by many friends, in June, 1865. 

The name Dubuque was given to the settlement by the miners at a meeting 
held in 1834. 

In 1832, Captain James White made a claim on the present site of Montrose. 
In 1884, a military post was established at this point, and a garrison of cavalry 
was stationed here, under the command of Col. Stephen W. Kearney. The 
soldiers were removed from this post to Fort Leavenworth, Kansas, in 1837. 

During the same year, 1882, 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 the farm of Judge Morgan. In the Winter of 
that year, they were driven off by the military from Rock Island, as intruders 
upon the rights of the Indians, and White's cabin was burnt by the soldiers. 
He retired to Illinois, where he spent the Winter, and in the Summer, as soon 
as the Indian title was extinguished, returned and rebuilt his cabin. White 
was joined by his brother-in-law, Doolittle, and they laid out the original town 
of Burlington in 1834. 

All along the river borders ofthe 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. "AO 

ber, 1832, Col. George Davenport made the first claim on the spot where the 
thriving city of Davenport now stands. As early as 1827, Col. Davenport had 
established a flatboat ferry, which ran between the island and the main shore of 
Iowa, by which he carried on a trade with the Indians west of the Mississippi. 
In 1833, Capt. Benjamin W. Clark moved across from Illinois, and laid the 
foundation of the town of Buffalo, in Scott County, which was the first actual 
settlement within the limits of that county. Among other early settlers in this 
part of the Territory were Adrian H. Davenport, Col. John Sullivan, 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 oificial 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, ho 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. Wayman. 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, who 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, appointed in 1833, as 
" a very suitable person to adjust the difficulties between the white settlers and 
the Indians still remaining there." 

The first Methodist Society in the Territory was formed at Dubuque on 
the 18th of May, 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. 
4 



50 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, were brave, hardy, intelligent and 
enterprising people. 

As early as 1824, a French trader named Hart had established a trading 
post, and built a cabin on the bluffs above the large spring now known as 
"Mynster Spring," within the limits of the present city of Council Bluffs, and 
had probably been there some time, as the post was known to the employes of 
the American Fur Company as Lacote de Hart, or " Hart's Bluff." In 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 was at a place first called "Miller's Hollow," 
on Indian Creek, and afterward named Kanesville, in honor of Col. Kane, of 
Pennsylvania, who visited them 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 Guardian, at Kanesville. In 1849, after 
many of the faithful had left to join Brigham Young at Salt Lake, the Mormons 
in this section of Iowa numbered 6,552, and in 1850, 7,828, but they were not 
all within the limits of Pottawattamie County. This county was organized in 
1848, all the first officials being Mormons. In 1852, the order was promulgated 
that all the true believers should gather together at Salt Lake. Gentiles flocked 
in, and in a few years nearly all the first settlers were gone. 

May 9, 1843, Captain James Allen, with 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 Moines River 
to this point. The troops and stores were landed at what is now the foot of 



HISTORY OF THE STATE OF IOWA. 51 

Court avenue, Des Moines, and CajDt. Allen returned in the steamer to Fort 
Sanford to arrange for bringing up more soldiers and supplies. In due time 
they, too, arrived, and a fort was built near the mouth of Raccoon Fork, at its 
confluence with the Des Moines, and named Fort Des Moines. Soon after the 
arrival of the troops, a trading post was established on the east side of the river, 
by two noted Indian traders named Ewing, from Ohio. 

Among the first settlers in this part of Iowa were Benjamin Bryant, J. B. 
Scott, James Drake (gunsmith), John Sturtevant, Robert Kinzie, Alexander 
Turner, Peter Newcomer, and others. 

The Western States have been settled by many of the best and most 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 commonAvealth, she has 
taken and holds a front rank among her sister States of the West. 



o 



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 go\ - 
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 



52 HISTORY OF THE STATE OF IOWA. 

partially organized. John King was appointed Chief Justice of Dubuf|ue 
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 apportionnient, these two 
counties were entitled to six members of the Council and thirteen of the House 
of Representatives. The Governor issued his proclamation for an election to be 
held on the first Monday of October, 1836, on which day the following members 
of the First Territorial Legislature of Wisconsin were elected from the two 
counties in the Black Hawk purchase : 

Dubuque County. — Council: John Fally, Thomas McKnight, Thomas 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 Wisconsin Territorial Legislature, in 1836, 
the county of Des Moines was divided into Des Moines, Lee, Van Buren, Henry, 
Muscatine and Cook (the latter being subsequently changed to Scott) and defined 
their boundaries. During the second session, out of the territory embraced in 
Dubuque County, were created the counties of Dubuque, Clayton, Fayette, 
Delaware, Buchanan, Jackson, Jones, Linn, Clinton and Cedar, and their 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, which memorialized Congress to organize a 
Territory west of the Mississippi, and to settle the boundax-y line between Wis- 
consin Territory and Missouri. The Territorial Legislature of Wisconsin, then 
in session at Burlington, joined in the petition. Gen. George W. Jones, of 
Dubuque, then residing at Sinsinawa Mound, in what is now Wisconsin, was 
Delegate to Congress from Wisconsin Territory, and labored so earnestly and 
successfully, that " An act to divide the Territory of Wisconsin, and to estab- 



HISTORY OF THE STATE OF IOWA. 63 

lish the Territorial Government of Iowa," was approved June 12, 1838, to take 
eftcct and be in force on and after July 3, 1838. The new Territory embraced 
" all that part of the present Territory of Wisconsin which lies west of the Mis- 
sissippi River, and west of a line drawn due north from the head water or 
sources of the Mississippi to tlie territorial line." The organic act provided 
for'a Governor, whose term of office should be three years, and for a Secretary, 
Chief Justice, two Associate Justices, and Attorney and Marshal, who should 
serve four years, to be appointed by the President, by and with the advice and 
consent of the Senate. The act also provided for the election, by the white 
male inhabitants, citizens of the United States, over twenty-one years of age, 
of a House of Representatives, consisting of twenty-six members, and a Council, 
to consist of thirteen members. It also appropriated $5,000 for a public library, 
and ^20,000 for the erection of public buildings. 

President Vati 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 District 
Attorney, died at Rockingham, soon after his appointment, and Col. Charles 
Weston was appointed to fill his vacancy. Mr. Conway, the Secretary, also 
died at Burlington, during the second session of the Legislature, and Jametj 
Clarke, editor of the Gazette, was appointed to succeed him. 

Immediately after his arrival, Governor Lucas issued a proclamation for the 
election of members of the first Territorial Legislature, to be held on the 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 be 
elected, at Burlington. 

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

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

House. — William Patterson, Hawkins Taylor, Calvin J. Price, James 
Brierly, James Hall, Gideon S. Bailey, Samuel Parker, James W. Grimes, 
George Temple, Van B. Delashmutt, Thomas Blair, George H. Beeler,* 
William G. Coop, William H. Wallace, Asbury B. Porter, John Frierson, 
William L. Toole, Levi Thornton, S. C. Hastings, Robert G. Roberts, Laurel 
Summers,t Jabez A. Burchard, Jr., Chauncey Swan, Andrew Bankson, Thomas 
Cox and Hardin Nowlin. 

Notwithstanding a large majority of the members of both branches of the 
Legislature were Democrats, yet Gen. Jesse B. Browne (Whig), of Lee County, 
was elected President of the Council, and Hon. William H. Wallace (Whig), of 
Henry County, Speaker of the House of Representatives — the former unani- 
mously and the latter with but little opposition. At that time, national politics 

* Cyrus S. Jacobs, who was elected for I)e8 Bloines Comity, was killed in an unfortunate encounter at Burlington 
before the meeting of tho Legislature, and Mr. Beeler was elected to fill the vacancy. 

t Samuel R. Murray was returned aa elected from Clinton County, but his eeat was successfully contested by 
Burchard. 



54 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 
W. Chapman and David Rohrer, of Des Moines .County ; B. F. Wallace, of 
Henry County, and P. H. Engle, of Dubuque County. Chapman was elected, 
receiving a majority of thirty-six over Engle. 

The first session of the Iowa Territorial Legislature was a stormy and 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, 1889, 
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 Burlington and Mount Pleasant, but finally united on the latter as the 
proper location for the seat of government. The central and southern parties 
were very nearly equal, and, in consequence, much excitement prevailed. The 
central party at last triumphed, and on the 21st day of January, 1839, an act 
was passed, appointing Chauncey Swan, of Dubuque County ; John Ronalds, 
of Louisa County, and Robert Ralston, of Des Moines County, Commissioners, 
to select a site for a permanent seat of Government within the limits of 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 county limits. 

The Commissioners, after selecting the site, were directed to lay out 640 
acres into a town, to be called Iowa City, and to proceed to sell lots and erect 
public buildings thereon. Congress having granted a section of land to be 
selected by the Territory for this purpose. The Commissioners met at Napo- 



HISTORY OF THE STATE OF IOWA. 55 

leon, Johnson County, May 1, 1839, selected for a site Section 10, in Town- 
ship 79 North of Range 6 West of the Fifth Principal Meridian, and immedi- 
ately surveyed it and laid off the town. The first sale of lots took place August 
16, 1839. The site selected for the public buildings was a little west of the 
geographical center of the section, where a square of ten acres on the elevated 
grounds overlooking the river was reserved for the purpose. The ca])itol 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 
and drawn by Mr. John F. Rague, of Springfield, 111., and on the 4th day of July, 
1840, the corner stone of the edifice was laid with appropriate ceremonies. 
Samuel C. Trowbridge was Marshal of the day, and Gov. Lucas delivered the 
address on that occasion. 

When the Legislature assembled at Burlington in special session, July 13, 
1840, Gov. Lucas announced that on the 4th of that month he had visited Iowa 
City, and found the basement of the capitol nearly completed. A bill author- 
izing a loan of $20,000 for the building was passed, January 15, 1841, the 
unsold lots of Iowa City being the security oifered, but only $5,500 was 
obtained under the act. 

THE BOUNDARY QUESTION. 

The boundary line between the Territory of Iowa and the State of Missouri 
was a difficult question to settle in 1838, in consequence of claims arising from 
taxes and titles, and at one time civil war was imminent. In defining the 
boundaries of the counties bordering on Missouri, the Iowa authorities had fixed 
a line that has since been established as the boundary between Iowa and 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 always been known as the Des Moines Rapids, or "the 
rapids of the Des Moines River." The Missourians (evidently not well versed 
in history or geography) insisted on running the northern boundary line from 
the rapids in the Des Moines River, just below Keosauqua, thus taking from 
Iowa a strip of territory eight or ten miles wide. Assuming this as her 
northern boundary line, Missouri attempted to exercise jurisdiction over the 
disputed territory by assessing taxes, and sending her Sheriffs to collect them by 
distraining the personal property of the settlers. The lowans, however, were 
not disposed to submit, and the Missouri officials were arrested by the Sheriffs 
of Davis and Van Buren Counties and confined in jail. Gov. Boggs, of 
Missouri, called out his militia to enforce the claim and sustain the officers of 
Missouri. Gov. Lucas called out the militia of loAva, and both parties made 
active preparations for war. In Iowa, about 1,200 men were enlisted, and 
500 were actually armed and encamped in Van Buren County, ready to defend 
the integrity of the Territory. Subsequently, Gen. A. C. Dodge, of Burlington, 
Gen. Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were sent to 
Missouri as envoys plenipotentiary, to effect, if possible, a peaceable adjustment 
of the difficulty. Upon their arrival, they found that the County Commissioners 
of Clarke County , Missouri, had rescinded their order for the collection of the taxes, 
and that Gov. Boggs had despatched messengers to the Governor of Iowa proposing 



56 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, eitlier by 
the United States or the Territorial Government. The patriots who furnislied 
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 wom.an 
has full and equal civil rights with man, except only the right of the baHot. 

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 Avas 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 Avide ; 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 Avas 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, Avith a soil surpassing in richness anything Avhicli they had ever seen. It 
is not to be Avondered at that immigration into Iowa Avas rapid, and that Avithin 
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 Avestward. The folloAving extract 
from Judge Nourse's Centennial Address shoAVS 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 II th day of August, 1842, for the 
remaining portion of their land in Iowa. The treaty provided tnat the Indians should retain 



HISTORY OF THE STATE OF IOWA. 57 

possession of all the lands thus ceded until May 1, 1843, and should occupy that portion of the 
ceded territory west of a line running north and south through Redrock, until October 11, 1845. 
These tribes, at this time, had their principal village at Ot-tum-wa-no, now called Ottuniwa. As 
soon as it became known that the treaty had been concluded, there was a rush of immigration to 
Iowa, !ind a great number of temporary settlements were made near tlie Indian boundary, wait- 
ing for the 1st day of May. As the day approached, hundreds of families encamped along the 
line, and their tents and wagons gave the scene the appearance of a military expedition. The 
country beyond had been thoroughly explored, but the United States military authorities had 
prevented any i^ettlement 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 80th of April, these were lighted, and when the midnight hour arrived, 
it waa 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 1842-48 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 officers, 
and adopted their own rules and regulations. Each man's claim was duly ascertained and 
recorded by the Secretary. It was the duty of all to attend the sales. The Secretary bid off the 
lands of each settler at $1.25 per acre. The others were there, to see, first, that he did his duty 
and bid in the land, and, secondly, to see that no one else bid. This, of course, sometimes led to 
trouble, but it saved the excitement of competition, and gave a formality and degree of order 
and regularity to the proceedings they would not otherwise have attained. As far as practicable, 
the Territorial Legislature recognized the validity of these " claims " upon the public lands, and 
in 1839 passed an act legalizing their sale and making their transfer a valid consideration to 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 beea 



58 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. Wheat was hauled 
100 miles from the interior, and sold for 37^ cents per bushel. 

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

Land and everything had gone down in value to almost nominal prices. Corn and oats 
could be bought for six or ten cents a bushel ; pork, $1 .00 per hundred ; and the best horse a 
man could raise sold 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 
$15,600. 

During 1842, the Superintendent commenced obtaining stone from a new 
quarry, about ten miles northeast of the city. This is now known as the " Old 
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 higher 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 officers in charge of the work were 
constantly short of funds. Except the congressional appropriation of $20,000 
and the loan of $5,500, obtained from the Miners' Bank, of Dubuque, all the 
funds for the prosecution of the work were derived from the sale of the city 
lots (which did not sell very rapidly), from 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. 59 

Iowa remained a Territory from 1838 to 1846, during -which the ofiBce 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 ^lississippi River, opposite mouth of the 
Des Moines River, thence up the said river Des Moines, in the middle of the main channel 
thereof, to a point where it is intersected by the Old Indian Boundary line, or line run by John 
C. Sullivan, in the year 1816 ; thence westwardly along said line to the " old " northwest corner 
of Missouri ; thence due west to the middle of the main channel of the Missouri River ; thence 
up in the middle of the main channel of the river last mentioned to the mouth of the Sioux or 
Calumet River ; thence in a direct line to the middle of the main channel of the St. Peters Ftiver, 
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 of the 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 eastwardly, 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 west 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 7,235. 

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." 



m 



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 tlie 26th day of October, and elected 
Oresel Briggs, Governor ; Elisha Cutler, Jr., Secretary of State ; Joseph T. 
Tales, 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, 
1846, 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 suificiently 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 boundarv 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 Avas 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, who 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 now Des Moines Township, and the others in Fairview Township, in the 
southern part of that county. These lands are situated between Prairie City 
and 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. 61 

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, without the 
instructions, however, but Monroe City never became the seat of government. 
By an act approved January 15, 1849, the law by which the location had been 
made was repealed and the new town was vacated, the money paid by 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 Avhole 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 
Bella and to Fort Des Moines. The latter appeared to have the support of the 
majority, but was finally lost in the House on the question of ordering it to its 
third reading. 

At the next session, in 1853, a bill was introduced in the Senate for the 
removal of the seat of government to Fort Des Moines, and, on final vote, 
was just barely defeated. At the next session, however, the effort was more 
successful, and on the 15th day of January, 1855, a bill re-locating the capital 
within two miles of the Raccoon Fork of the Des Moines, and for the appoint- 
ment of Commissioners, was approved by Gov. Grimes. The site was selected 
in 1856, in accordance with the provisions of this act, the land being donated 
to the State by citizens and property -holders of Des Moines. An association of 
citizens erected a building for a temporary capitol, and leased it to the State at 
a nominal rent. 

The third Constitutional Convention to revise the Constitution of the State 
assembled at Iowa City, January 19, 1857. The new Constitution framed by 
this convention was submitted to the people at an election held August 3, 1857, 
when it was approved and adopted by a vote of 40,311 " for " to 38,681 
" against," and on the 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 Iowa. 

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 fiinds, however. Thus, Iowa City ceased to be the capital of 
the State, after four Territorial Legislatures, six State Legislatures and three 



62 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 conrrol 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 Januar}"-, 1858, the 
seventh General Assembly convened at the new capital. The building used 
for governmental purposes was purchased in 18G4. It soon became inadequate 
for the purposes for which it w;is 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 & Hock Island llailroad 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. G3 

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 
mcreased 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 buildmg 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 eifort 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 10,581. 
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 1880, was 1,624,463. The following 
table will show the population at different periods since the erection of Iowa 
Territory : 

Tear. Population. Year. Population. 

1838 22,589 1852 230,713 

1840 43,115 1854 326,013 

1856 619.055 

1859 638,775 

18G0 674,913 

1863 701,732 

1865 754,699 

1867 902,040 

The most populous county in the State is Dubuque. Not only in popular 
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. 



1844 75,152 

1846 97,588 

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 

1880- '. 1,634,463 



64 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 over fifty 
millions of people, who know their rights and dare maintain them, tread 
American soil, and the grand sisterhood of States extends from the Gulf of 
Mexico to the Canadian border, and from the rocky coast of the Atlantic to 
the golden shores of the Pacific. 

THE AGRICULTURAL COLLEGE AND FARM. 

Ames, Story County. 

The Iowa State Agricultural College and Farm were established by an act 
of the General Assembly, approved March 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, Jefferson and 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 18"G2, 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 Meiendy, 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. 65 

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 1866, and the building was completed in 1868. 

Tuition in this college is made by law forever free to pupils from the State 
over sixteen years of age, who have been resident of the State six months 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 from 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 STATE UNIVERSITY. 

Iowa City, Johnson County. 

In the famous Ordinance of 1787, enacted by Congress before the Territory 
of the United States extended beyond the Mississippi River, it was declared 
that in all the territory northwest of the Ohio River, " Schools and the means 
of education shall 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 
and support of a university within said territory 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. Whitakerof Van Buren County, was appointed, who selected 
the remaindcT- 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 
5 



66 



HISTORY OF THE STATE OF IOWA. 



as may be, effectuaFfmeans for the improvement and security of the 
funds of the university derived from the hinds. 

The first General Assembly, by act approved February 25, 1847, established 
the " State University of Iowa " at Iowa City, then the capital of the State, 
"with such other branches as public convenience may hereafter require." 
The " public buildings at Iowa City, together with the ten acres of land in which 
they are situated," were granted for the use of said university, provided^ how- 
ever, that the sessions of the Legislature and State offices should be held in the 
capitol until otherwise provided by law. The control and management of the 
University were committed to a board of fifteen Trustees, to be appointed by the 
Legislature, five of whom were to be chosen 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 
University 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 
l)y 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 University 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 may 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. 
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- 



HISTORY OF THE STATE OF IOWA. 67 

ucate eight school teachers, free of charge for tuition, and that the citizens 
should contribute an equal sum for the erection of the requisite buildintrs. 
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 Medical 
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 effectual organization of the University. In March, 1855, it was partially 
opened for a term of sixteen weeks. July 16, 1855, Amos Dean, of Albany, 
N. Y., was elected President, but he never entered fully upon its duties. The 
University was again opened in September, 1855, and continued in operation 
until June, 1856, under Professors Johnson, Welton, Van Valkenburg and 
Guffin. 

In the Spring of 1856, the capital of the State was located at Des Moines; 
but there were no buildings there, and the capitol at Iowa City was not vacated 
by the State until December, 1857. 

In June, 1856, the faculty was re-organized, with some changes, and the 
University was again opened on the third Wednesday of September, 1856. 
There were one hundred and twenty-four students — eighty-three males and 
forty-one females — in attendance during the year 1856-7, and the first regular 
catalogue was published. 

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 TJniversity shall be established at one place, without branches at any other place; 
and the University fund shall be applied to that institution, and no other. 

Article XI, Section 8, provided that 

The seat of Government is hereby permanently established, as now fixed by law, at the citj 
of Des Moines, in the county of Polk ; and the State University at Iowa City, in the county of 



68 HISTORY OF THE STATE OF IOWA. 

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, which was vested 
with authority to abolish or re-organize the Board at any time after 1863. 

In December, 1857, the old capitol building, now known as Central Hall of 
the University, except the rooms occupied by the United States District Court, 
and the property, with that exception, passed under the control of the Trustees, 
and became the seat of the University. The old building had had hard usage, 
and its arrangement was illy adapted for University purposes. Extensive repairs 
and changes were necessary, but the Board was 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 University until the income from its 
fiind 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' A'^ademy" 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- 
erred 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 
^- Aylworth, Cellina H. Aylworth, Elizabeth L. Humphrey, Annie A. Pinney 
and Sylvia M. Thompson. 

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. 



HISTORY OF THE STATE OF IOWA. 69 

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, wa3 the first class of graduates in 
the Collegiate Department. 

The Board of Education was abolished March 19, 1864, and the office of 
Superintendent of Public Instruction was restored ; the General Assembly 
resumed control of the subject of education, and on March 21, an act was 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 pro 
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- 
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 "Board 
of Regents " was instituted as the governing power of the University, and since 
that time it has* been the fundamental law of the institution. The Board of 
Regents held its first meeting June 28, 1870. 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. 



70 HISTORY OF THE STATE OF lO.WA, 

The South Hall havng been fitred up forthe purpose, the first term was 
Medical Department was opened October 24, 1870, and continued until March, 
1871, at which time there were three graduates and thirty-nine students. 

March 1, 1871, Rev. George Thache^- was elected President of the Univer- 
sity. Mr. Thacher accepted, entered upon his duties April 1st, and was form- 
ally inaugurated 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 perforin 
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 officio 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 1882 

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 



HISTORY OF THE STATE OF IOWA. 71 

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 

Josiah L. Pickaid 1878 

In 1882 a dental department was added to the University, with L. C. 
Ingersoll, M. D., of Keokuk, as Dean of the Dental Faculty. There 
were also added this year a school of elocution and oratory, under Prof. 
E. M. Booth; and a school of short-hand reporting, in charge of Prof. 
Eldon Moran. 

GENERAL STATEMENT. 

The University secular affairs are managed by a Board of Regents con- 
stituted as follows: The Governor of the State, the Superintendent of 
Public Instruction, and the President of the University are ex-officio mem- 
bers — the Governor of the State, being by virtue of his office, the Presi- 
dent of the Board. 

The General Assembly elects one person from each Congressional dis- 
trict of the State to hold office for six years. The Regents are divided 
into three classes, so arranged that the members of one class are elected 
at each biennial session of the Legislature. 

The Board of Regents is empowered to confer such degrees and to grant 
such diplomas as are usually conferred and granted by other Universities. 

The University fund arising from the sale of lands donated bv the Gen- 
eral Government has been supplemented from lime to time by Legislative 
grant. The Institution is now in receipt of an annual endowment, whereby 
the work and usefulness of the Universitv are greatly extended. 

No preparatory work is done in the University; that is left to the High 
Schools, Academics and Colleges throughout the State . The require- 
ments for admission have been determined upon after the fullest considera- 
tien of what is best for the High Schools of the State as well as for the 
University. 

BOARD OF REGENTS.— 1882. 

His Excellency, Buren R. Sherman, Governor of the State, member, 
and President of the Board ex-offieio. C. W. Slagle, Fairfield, T. S. Parr, 
Indinola, D. N. Richardson, Davenport, term expires, 1882 ; H. C. Bulis, 
Decorah, A. T. Reeve, Hampton, J. F. Duncombe, Fort Dodge, term 
expires, 1884 ; J. N. W. Rumple, Marengo, W. O. Crosby, Centerville, 
H. Everett, Council Bluffs, term expires, 1886 ; D. N. Richardson, 
Davenport, elected 1882, H. A. Burrell, Washington, T. S. Wright, Des 
Moines, term expires, 1888; J. W. Akers, Superintendent of Public In- 
struction, J. L. Pickard. President of the University, members ex-officio; J. 
N. Coldren, Iowa City, Treasurer; W.J. Haddock, Iowa City, Secretary; 
J. L. Pickard, L. Robinson, L. W. Ross, Executive Committee. 



72 HISTORY OF THE STATE OF IOWA. 

UNIVERSITY BUILDINGS. 

1. The Central Building, the former State Capitol, is 120 feet by 60 
feet, and two stories in height. It is built of stone. 

2. The South Building is 108 feet by 45 feet, and three stories in height. 
It is built of brick. 

3. The North Building is 90 feet by 61 feet and two stories in height. 
It is built of brick. 

4. The Astronomical Observatory is 66 feet by 26 feet with a rotunda 
14 feet in diameter. It is constructed of brick, 

5. The Hospital and Clinical Amphitheater is 68 feet by 55 feet and 
two stories in height. It is constructed partly of brick and partly of 
wood. 

6. The Homeopathic Medical Building is 42 feet by 25 feet and two 
stories in height. It is constructed of brick. 

7. The Armory. Brick: 30 by 40 feet, two stories in height. 

8. The Medical Building, is 84 feet by 60 feet and four stories in height 
with a French roof. 

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 faithfully 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, pamphlets, manuscripts and papers, and in defraying other necessary 
incidental expenses of the Society. 

^ There was appropriated by law to this institution, till the General Assembly 
s"hall otherwise direct, the sum of $500 per annum. The Society is under the 
management of a Board of Curators, consisting of eighteen persons, nine of 
whom are appointed by the Governor, and nine elected by the members of the 
Society. The Curators receive no compensation for their services. The annual 
meeting is provided for by law, to be held at Iowa City on 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, 1889, 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 



HISTORY OF THE STATE OP IOWA. 73 

direct the building of the Penitentiary, which should be located within one mile 
of the public square, in the town of Fort Madison, Lee County , provided Fort 
Madison should deed to the directors a tract of land suitable for a site, and assign 
them, by contract, a spring or stream of water for the use of the Penitentiary. 
To the Directors was also given the power of appointing the Warden ; the latter 
to appoint his own assistants. 

The first Directors appointed were John S. David and John Claypole. They 
made their first report to the Legislative Council November 9, 1839. The 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 $55,938.90. 
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 iias 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 United 
States, is lez ^)ut 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. 



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. INIay 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. 



74 HISTORY OF THE STATE OF IOWA. 

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 Charles 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 work 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 were Maturin L. Fisher, Presi- 
dent, Farmersburg; Samuel McFarland, Secretary, Mt. Pleasant; D. L. 
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. 

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 
Commissioner to locate and supervise the erection of the buildincr, 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 ofiered 
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 



HISTORY OF THE STATE OF IOWA. 75 

northwest quarter of Section 8, and the north half of northeast quarter of Sec- 
tion 8, all in Township 88 north, Range 9 Avest 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, Avhcn 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 
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 Avere 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. 

IOWA COLLEGE FOR THE BLIND. 

Vinton, Benton County. 

In August, 1852, Prof. Samuel Bacon, himself blind, established an Insti- 
tution for the Instruction of the Blind of Iowa, at Keokuk. 

By act of the General Assembly, entitled " An act to establish an Asylum 
for the Blind," approved January 18, 1853, the institution was adopted by the 
State, removed to Iowa City, February 3d, and opened for the reception of pupils 
April 4, 1853, free to all the blind in the State. 

The first Board of Trustees were James D. Eads, President ; George W. 
McClary, Secretary ; James H. Gower, Treasurer ; Martin L. Morris, Stephen 
Hempstead, Morgan Reno and John McCaddon. The Board appointed Prof. 
McGugin, Keokuk; G. W. Kincaid, Muscaline; J. D. Elbert, Keosauqua. 



16 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- 
niture 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. 

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 propei-ly 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 shofild 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. 77 

INSTITUTION FOR THE DEAF AND DUMB. 

Council Bluffs, Pottawattomie Qounty. 

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 mntes 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 steiid 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 affairs, and reported 
that the building (west wing) was a disgrace to the State and a monu- 
ment of unskillful workmanship, and intimated rather strongly that some 
reforms in management were very essential. 

Trustees f 07- iSjj-jS zvere. — 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.; Stew- 
ard, N. A. Taylor.; Matron Mar}^ B. Swan. 

SOLDIERS' ORPHANS' HOMES. 

Davenport, Cedar Falls, G-lenwood. • 

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 fallen 
in defense of national honor and integrity. So great was the public interest in 
the movement that there was a large representation from all parts of the State 
on the day named, and an association was organized called the Iowa State Or- 
phan Asylum. 



78 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, 1864, 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 loAva Orphans' Home. 

The work of preparation was conducted so vigorously that on the 13th day 
of July following, the Executive Committee announced that they were ready to 
receive the children. In three weeks twenty-one were admitted, and the 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 
County. 

The " Home " was sustained by the voluntary contributions of the people, 
until 1866, when it was assumed by the State. In that year, the General 
Assembly provided for the location of several such "Homes" in the different 
counties, and which were established at Davenport, Scott County ; Cedar Falls, 
Black Hawk County, and at Glenwood, Mills County. 

The Board of Trustees elected by the General Assembly had the oversight 
and management of the Soldiers' Orphans' Homes of the State, and consisted 
of one person from each county in which such Home was located, and one for 
the State at lai;ge, 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. 79 

By " An act to provide for the organization and support of an asylum at 
Glenwood, in Mills County, for feeble minded children," approved March 17, 
1876, the buildings and grounds used by the Soldiers' Orphans' Home at that 
place were appropriated for this purpose. By another act, approved March 15, 
1876, the soldiers' orphans, then at the Homes at Glenwood and Cedar Falls, 
were to be removed to the Home at Davenport within ninety days thereafter, 
and the Board of Trustees of the Home were authorized to receive other indio-ent 
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 
charge 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 term 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. 



REFORM SCHOOL FOR GIRLS. 

MitcheUvilh., Polk County. 

In 1869 the building and grounds of the Universalist Seminary at 
Mitchellville were purchased, and a reform school for girls was opened 
there. In January, 1882, there were sixty-three girls in this school. 
Mrs. Angle C. Le welling, matron; salary $700. In 1880 the legislature 
appropriated :|jl 6,900 for this institution, for its repairs, buildings, and all 
expenses for two years. 



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 



80 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 
Glenwood, 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 off 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 
Offenders," approved March 31, 1868, the General Assembly established a 
State Reform School at Salem, Lee (Henry) County ; provided for a Board of 
Trustees, to consist of one 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. 8J 

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 
compensation for their services. 

The object is the reformation of the children of both sexes, undca* 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 tlieir 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. The binding out or discharge of a boy or girl as reformed, 
or having arrived at the age of majority, is a complete release from all penalties 
incurred by conviction of the ofiense for which he or she was committed. 

This is one step in the right direction. In the future, however, still further 
advances will 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 $8,000 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, JSIay 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 & Pacific 
Railroad was placed under the especial supervision of Mr. Evans ; that part be- 
tween that railroad and the 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 tlie 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 hatcliing 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 
6 



82 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 Sahnon, 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. ¥. Shaw avus 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 anil a half of 
small fish, which were distributed in the various rivers of the State and turned 
into the Mississippi. 

In 1875-6, 533,000 California Salmon, and in 1877, 303,500 Lake Trout 
were distributed in various rivers and lakes in the State. The experiment of 
stocking the small streams with brook trout is being tried, and 81,000 of the 
speckled beauties were distributed in 1877. In 1876, 100,000 young eels were 
distributed. These came from New York and tliey 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 Graut. 

3. The Mortgage School Landg. 

4. The University Grant. 

5. The Saline Grant. 

6. The Des Moines River Grant. 

7. The Des Moines River School Lands. 

8. The Swamp Land Grant. 

9. The Railroad Grant. 

10. The Agi'icultural 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, 
18il, which granted to each State therein specified 500,000 acres of public land 
for internal improvements ; to each State admitted subsequently to the passage 
of the act, an amount of land which, with the amount that might have been 
granted to her as a Territory, would amount to 500,000 acres. All these lands 
were required to be selected within the limits of the State to which they were 
granted. 

The Constitution of Iowa declares that the proceeds of this grant, together 
with all lands then granted or to be granted by Congress for tlie benefit of 
schools, shall constitute a perpetual fund for the support of schools througjiout 
the State. By an act approved January 15, 1849, the Legislature established 






HISTORY OF THE STATE OF IOWA. 83 

a board of School Fund Commissioners, and to that board was confided the 
selection, care and sale of these lands for the benefit of the School Fund. Until 
1855, these Commissioners were subordinate to the Superinteudent of Public 
Instruction, but on the 15th of January of that year, they were clothed with 
exclusive authority in the management and sale of school lands. The office of 
School Fund Commissioner was abolished March 23, 1858, and that officer in 
each county was required to transfer all papers to and make full settlement with 
the County Judge. By this act, County Judges and Township Trustees were 
made the agents of the State to control and sell the sixteenth sections ; but no 
furtlier provision was made for the sale of the 500,000 acre grant until April 
3d, 18(30, when the entire management of the school lands Avas committed to 
the Boards of Supervisors of tlie several counties. 

II. THE SIXTEENTH SECTIONS. 

By the provisions of the act of Congress admitting Iowa to the Union, there 
was granted to the new State the sixteenth section in every township, or where 
that section had been sold, other lands of like ambunt for the use of schools. 
The Constitution of the State provides that the proceeds arising from the sale 
of these sections shall constitute a part of the permanent School Fund. The 
control and sale of these lands were vested in the School Fund Commissioners 
of the several counties until March 23, 1858, when they were transferred to the 
County Judges and Township Trustees, and were finally placed under the 
supervision of the County Boards of Supervisors in January, 1861. 

III. THE MORTGAGE SCHOOL LANDS. 

These do not belong to any of the grants of land proper. They are lands 
that have been mortgaged to the school fund, and became school lands when bid 
off by the State by virtue of a law passed in 1862. Under the provisions of the 
law regulating the management and investment of the permanent school fund, 
persons 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 such sum as the 
interests of said fund may require, and if struck off to the State the land sliall 
be held and disposed of as the otlier lands belonging to the fund. These lands 
are known as the Mortgage School Lands, and reports of them, including 
description and amount, are required to be made to the State Land Office. 



84 HISTORY OF THE STATE OF IOWA. 

IV. UNIVER'SITY LANDS. 

By act of Congress, July 20, 1840, a quantity of land not exceeding two 
fmtire townships was reserved in the Territory of Iowa for the use and support 
of a university within said Territory when it should become a State. This land 
was to be located in tracts of not less than an entire section, and could be used 
for no other purpose than that designated in the grant. In an act supplemental 
to that for the admission of Iowa, March 3, 1845, the grant was renewed, and it 
was provided that the lands should be used " solely for the purpose of such 
university, in such manner as the Legislature may prescribe." 

Under this grant there were set apart and approved by the Secretary of the 
Treasury, for the use of the State, the following lands : 

ACRES. 

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

In the Fairfield Land District, Oct. 17, 1849 9,685.20 

In the Iowa City Land District, Jan. 28, 1850 2,571.81 

In the Fairfield Land District, Sept. 10, 1850 3,198.20 

In the Dubuque Land District, May 19,1852 10,552.24 

* Total .^. 45,957.94 

These lands were certified to the State November 19, 1859, The University 
lands are placed by law under the control and management of the Board of 
Trustees of the Iowa State University. Prior to 1865, there had been selected 
and located under 282 patents, 22,892 acres in sixteen counties, and 23,036 
acres unpatented, making a total of 45,928 acres. 

V. — SALINE LANDS. 

By act of Congress, approved March 3, 1845, the State of Iowa was 
granted the use of the salt springs within her limits, not exceeding twelve. 
By a subsequent act, approved May 27, 1852, Congress granted the springs 
to the State in fee simple, together with six sections of land contiguous to each, 
to be disposed of as the Legislature might direct. In 1861, the proceeds of 
these lands then to be sold were constituted a fund for founding and 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 follows : 

Be it enacted by the Senate and House of Representatives of the United States of America in 
Congress assembled, That there be, and hereby is, granted to said Territory of Iowa, for the 
purpose of aiding said Territory to improve the navigation of the Des Moines River from its 
mouth to the 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 United States that 
one-half of said sum has been expended upon said improvements, when the said Territory or 



HISTORY OF THE STATE OF IOWA. 85. 

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 ahvays. 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 Ujiion as a State, the lands hereby granted for the above purpose shall be and become 
the property of said State for the purpose contemplated in this act, and for no other: Provided 
the Legislature of the State of Iowa shall accept the said grant for the said purpose." Approved 
Aug. 8, 1846. 

By joint resolution of the General Assembly of Iowa, approved January 9, 
1847, the grant was accepted for the purpose specified. By another act, 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 exten* 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 8tli 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 Jime, 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 ab:jve 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 Dea 
Moines River grant, above the Raccoon Forks, etc., under the decision of the 
Secretary of the Treasury, of March 2, 1849," and on the 6tli of April 
following, Mr. Ewing, then Secretary of the Interior, reversed the decision of 
Secretary Walker, but ordered the lands to be withheld from sale until Con- 



86 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, Avho decided in favor of the State. 

October 29, 1851, Mr. Stewart directed the Commissioner of the General 
Land OflBce 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. 80, 1851 81,707.93 acres. 

March 10, 185:^ 143,908.37 " 

By Secretary McLellan, Dec. 17, 1853 33.142.48 " 

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, 
therefore, 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 grant was again raised 
and the Commissioner of the General Land Office decided tho. it was limited to 



HISTOKY OF THE STATE OF IOWA. 87 

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 tyrant 
extended to the northei-n 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 & 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 jMoines Navigation & Railroad Company 
carried on the work under its contract with the State. As the improvement 
progressed, the State, from time to time, by its authorized officers, issued to the 
Company, in payment for said work, certificates for 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, tlie State made another deed of 
conveyance on the 18th day of May, 1858. These fifteen deeds, it is claimed, 
by the Company, convey 266,108 acres, of which about 53,367 are below the 
Raccoon Fork, and the balance, 212,741 acres, are above that point. 

Besides the lands deeded to the Company, the State had deeded to individual 
purchasers 58,830 acres above the Raccoon Fork, making an aggregate of 271,- 
571 acres, deeded above the Fork, all of which had been certified to the State 
by the Federal Government. 

By act approved March 28, 1858, the Legislature donated the remainder of 
the grant to the Keokuk, Fort Des Moines &. Minnesota Railroad Company, 
upon condition that said Company assumed all liabilities resulting from the Des 
Moines River improvement operations, reserving 50,000 acres of the land in 
security for the payment thereof, and for the completion of the locks and dams 
at Bentonsport, Croton, Keosauqua and Plymouth. For every three thousand 
dollars' worth of work done on the locks and dams, and for every three thousand 
dollars paid by the Company of the liabilities above mentioned, the Register of 
the State Land Office was instructed to certify to the Company 1,000 acres of 
the 50,000 acres reserved for these purposes. Up to 1865, there had been 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. 



88 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 ahore 
the Fork had been issued without authority of law and were, therefore, void 
(see 23 How., 66). 

The State of Iowa had disposed of a large amount of land 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 which 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 
& ISIinnesota Railroad, in accordance with the provisions of the act of the General Assembly of 
the State of Iowa, approved March 22, 18-38. 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, 
1801, the Secretary of the Interior is hereby directed to set apart an equal amount of lands within 
said State to be certified in lieu thereof; Provided, that if the State shall have sold and conveyed 
any portion of the lands lying within the limits of the grant the title of which has proved 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 Avith the grant. These Commissioners 
were instructed to report their selections to the Registrar of the State Land 
OflSce. The lands so selected were to be held for the purposes of the grant, and 
were not to be disposed of until further legislation should be had. D. W. Kil- 
burne, of Lee County, was appointed Commissioner, and, on the 25th day of 
April, 186-4, the General Land Officer authorized the selection of 300,000 acres 
from the vacant public lands as a part of the grant of July 12, 1862, and the 
selections were made in the Fort Dodge and Sioux City Land Districts. 

Many difficulties, controversies and conflicts, in relation to claims and titles, 
grew out of this grant, and these difficulties were enhanced by the uncertainty 
of its limits until the act of Congress of July, 1862. But the General Assem- 
bly sought, by wise and appropriate legislation, to protect the integrity of titles 
derived from the State. Especially was the determination to protect the actual 
settlers,, who 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 tliat 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. 89 

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 with 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 tlie 
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 had no claim upon 
them, never had pretended to have, and had never sought to claim them. The 
Register of the State Land Office, under the advice of the Attorney General, 
decided that patents would be issued to the Tolman purchasers in all cases 
where contracts had been made prior to December 23, 1853, and remaining 
uncanceled under the act of 1860. But before any were issued, on the 27th 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 



90 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 way 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 GRANT. 

One of the most important grants of public lands to Iowa for purposes of 
internal improvement was that known as the "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 lOAVA. 91 

Council Bluffs ; from Lyons City northwesterly to a point of intersection with 
the main line of the Iowa Central Air Line Railroad, near Maquokcta ; 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 were any of said lands 
to become subject to private entry until they had been first offered at public 
sale at the increased price. 

Section 4 of the act provided that the lands granted to said State shall be 
disposed of by said State only in the manner following, that is to say : that a 
quantity of land net 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, 1859, and 
its entire road completed by December 1, 1865, it should be competent for the 
State of Iowa to resume all rights to lands remaining undisposed of by the 
company so failing. 

The railroad companies, with the single exception of the Iowa Central Air 
Line, accepted the several grants in accordance with the provisions of the above 
act, located their respective roads and selected their lands. The grant to the 
Iowa Central was again granted to the Cedar Rapids & Missouri River Railroad 
Company, which accepted 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 by the State, and the appropriation 
of the proceeds to aid in the construction of certain lines of railroad within its 



92 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 eipbraced 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 mat/ be certified to them,'' these certified lists, 
the originals of which are filed in the General Land Office, conveyed to tlie 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 Jul}', 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. 9S 

lands under the grant tliat Avere certified hy the State autliorities with any 
design of perfecting the title already vested in the company by the act of July, 
1856. The lists Avhich 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 Oifice. . These subse([uent 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 fiiilure 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, was 
that it became a conditional contract that might ripen into a positive sale of the 
lands as from time to time the work should progress, and as the State thereby 
became authorized by the express terms of the grant to sell them. 

This appears to have been the correct construction of the act, but by a 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 town of Newton, Jasper County, or as 
nearly as practicable to that point. The original grant had been made to the 
State to aid in the construction of railroads within its limits and not to the com- 
panies, but Congress, in 1864, appeal's 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 revet't to the United States." 
Having vested the title to these lands in trust, in the State of Iowa, it is plain 
that until the expiration of the ten years there could be no reversion, and the 
State, not the United States, must control them until the grant should expire 
by limitation. The United States authorities could not rightfully require the 
Secretary of the Interior to certify directly to the companies any portion of 
the lands already certified to the State. And yet Congress, by its act of June 
2, 1864, provided that whenever the Davenport & Council Bluffs Railroad Com- 
pany should file in the General Land Office at Washington a map definitely 
showing such new location, the Secretary of the Interior should cause to be 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 



94 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 helonging 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 Avhen it declared that the Company 
should have an amount per mile equal to that originally authorized to be granted^ 
it is plain that the framers of the bill were ignorant of the real terms of the 
original grant, or that they designed that the United States should resume the 
title it had already parted with two years before the lands could revert to the 
United States under the original act, which was not repealed. 

A similar change was made in relation to the Cedar Rapids & Missouri 
Railroad, and dictated the conveyance of lands in a similar manner. 

Like provision was made for the Dubut^ue k 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 change 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 tlian 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 wliich 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. 95 

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 Legislatui'e 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 two Senators and six 
Representatives in Congress, was entitled to 240,000 acres of land under this 
grant, for the purpose of establishing and maintaining an Agricultural College. 
Peter Melendy, Esq., of Black Hawk County, was appointed to make the selec- 
tions, and during August, Septembe-r 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 two acres for one, the actual amount of land approved to the State 
under this grant was only 204,309.30 acres, located as follows: 

In Des Moines Land District 6,804.96 acres. 

In Sioux City Land District 59,025.37 " 

In Fort Dodge Land District 138,478.97 " 



96, 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 208,430.30 acres. 

The Trustees opened an office at Fort Dodge, and appointed Hon. G. W* 
Bassett their agent for the sale of these lands. 

THE PUBLIC SCHOOLS. 

The germ of the free public school system of Iowa, which now ranks 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 ic 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. 97 

commenced teaching in Dubuque in MaicL, 1836. Slie was 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 183-1:, in which Mr. Johnson Pierson taught the first school in the 
Winter of 1834-5. 

The first school in Muscatine County Avas 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, church and public hall. 
The first school in Davenport was taught in 1838. In Fairfield, Miss Clarissa 
Sawyer, James F. Chambers and Mrs. Reed taught school in 1839. 

When the site of Iowa City was selected as the capital of the Territory of 
Iowa, in May, 1839, it was a perfect wilderness. The first sale of lots took 
place August 18, 1839, and before January 1, 1840, about twenty families had 
settled within the limits of the town ; and during the same year, Mr. Jesse 
Berry opened a school in a small frame building he had erected, on what is now 
College street. 

The first settlement in Monroe County was made in 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 Ui^ania Adams. The building was occupied for school purposes for 
nearly ten years. About a year 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 were- 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 pre- 
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 establislied 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 Avithin such contemplated district." These districts were gov- 
erned by boards of trustees, usually of three persons ; each district was required 
7 . 



98 HISTORY OF THE STATE OF IOWA. 

to maintain scliool 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 sura 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 18-30, 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. Kissell, 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 
which more than one teacher is employed, are universally^ graded. 

The first official mention of Teachers' Institutes in the educational records 
of Iowa occurs in the annual report of Hon. Thomas H. Benton, Jr., made 
December 2, 1850, 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 the holding of teachers' institutes for periods not 
less than six working days, whenever not less than thirty teachers should desire. 
The Superintendent was authorized to expend not exceeding $100 for any one 
institute, to be paid out by the County Superintendent as the institute might 
direct for teachers and lecturers, and one 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 Avould 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. 99 

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 19, 1874, Normal Institutes were established in 
each county, to be held annually by the County Superintendent. This was 
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, which 
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 
by the State Auditor semi-annually 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 b^ the election of 
the district at a school meeting legally called. The school houses of loAva are 
the pride of the State and an honor to the people. If they have been some- 
times built at a prodigal expense, the tax payers have no one to blame but 
themselves. The teachers' and contingent funds are determined by the 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. 






ft « 



100 "^ HISTORY OF THE STATE OF IOWA. 

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-i' ; Stephen Hempstead, 
1830-40; 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; Warner Lewis, 1841-2; James M. Morgan, 
1842-3; James P. Carleton, 1843-4; James M. Morgan, 1845; George W. 
McCleary, 1845-(3. 

First Constitutional Convention, 18/fJf. — Shepherd Leffler, President ; Geo. 
S. Hampton, Secretar3^ 

Second Constitutional Convention^ IS4.6 — Enos Lowe, President ; William 
Thompson, Secretary. 

OFFICERS OF THE STATE GOVERNMENT. 

Governors — x\nsel Briggs, 1846 to 1850; Stephen Hempstead, 1850 to 
1854; James W. Grimes, 1854 to 1858; Ralph P. Lowe, 1858 to 1860; 
Samuel J. Kirkwood, 1860 to 1864; William M. Stone, 1864 to 1868; Sam- 
uel Morrill, 1868 to 1872; Cyrus C. Carpenter, 1872 to 1876; Samuel J. 
Kirkwood, 1876 to 1877; Josliua G. Newbold, Acting, 1877 to 1878; John 
H. Gear, 1878 to 18S2; Buren R. Sherman, 1882 to . 

Lieutenant Governor — Office created by the new constitution Septem- 
ber 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. Bulis, 1872-3; Joseph 
Dysart, 1874-5; Joshua G. Newbold, 1876-7; Frank T. Campbell, 
1878-0; O. H. Manning, 1880-82. 

Secretaries of State — Elisha Cutler, Jr., Dec. 5, 1846, to Dec. 4, 1848; 
Josiah H. Bonney, Dec. 4, 1848, to Dec. 2, 1850; George W. McCleary, 
Dec. 2, 1850, to Dec. 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 Jan. 6, 1879; J. A. T. 
Hull, 1879, to 

Auditors of 5/^/e— 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; Jona- 
than W. Cattell, 1859 to 1865; John A. Elliot, 1865 to 1871; John Russell, 
1871 to 1875; Buren R. Sherman, 1875 to 1881; Wm. V. Lucas, 1881 to 
1883. 



HISTORY OF THE STATE OP' IOWA. 101 

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 18G;^.; William H. Holmes, 1863 to 
1867; Samuel E. Rankin, 1867 to 1873; William Christy, 1873 to 1877; 
George W. Bemis, 1877 to 1881; E. H. Conger, 1881 to 

S lifer intetidents of Public Instruction — 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 Secretarv of the Board of Education. 

Secretaries of the Board of Education — Thomas H. Benton, Jr., 1859 
to 1863; Gran Faville, Jan. 1, 1864. Board abolished March 23, 1864. 

Suferintendents 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., 18Y0: A. S. Kissell, 1870 to 1872; Alonzo 
Abernethy, 1872 to 1877; Carl W. Von Coelln, 1877 to 1882; John W. 
Akers, 1882 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 18.76; H. A. Perkins, 1876 to 1880; Matt 
Parrott, 1880 to 

« 

Registers of the State Land Office — Anson Hart, May 5, 1855, to May 
13, 1857; Theodore S. Parvin, May 13, 1857, to Jan. 3, 1859; Amos B. 
Miller, Jan. 3,1859, to Oct., 1862; Edwin Mitchell, Oct. 31, 1862, to Jan. 
5, J863; Josiah A. Harvey, Jan. 5, 1863, to Jan. 7, 1867; Cyrus C. Car- 
penter, Jan, 7, 1867, to Januarv, 1871; Aaron Brown, Jan., 1871, to Jan., 
1875; David Secor, Jan. 1875,^0 1881; J. K. Powers, 1881 to . 

State Printers — Office created Jan. 3, 1840 — Garret D. Palmer and 
George Paul, 1849; William H. Merritt, 1851 to 1853; WilHam A. Horn- 
ish, 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 1880; F. M. Mills, 1880 to 1882. 

Adjutants General — Daniel S. Lee, 1851-55; George W. McCleary, 
1855-7; Elijah Sells, 1857; Jesse Bowen, 1857-61; Nathaniel Baker, 1861 
to 1877; John H. Looby, 1877 to 1881; W. L. Alexander, 1881 to . 

Attorneys General — David C. Cloud, 1853-56; Samuel A. Rice, 1856- 
60; Charles C. Nourse, 1861-64; Isaac L. Allen, 1865 (resigned January, 
1866); Frederick E. Bissell, 1866 (died June 12, 1867; Henry O'Connor, 
1867-72; Marsena E. Cutts, 1872-76; John F. Mcjunkin, 1877-81; Smith 
McPherson, 1881 to 

Presidents of the Senate — Thomas Baker, 1846-47; Thomas Hughes, 
1848; John J.Selman, 1848-9; Enos Lowe, 1850-51; William E. Leffing- 
well, 1852-53; Maturm L. Fisher, 1854-55; William W. Hamilton, 
1856-57. Under the new Constitution, the Lieutenant Governor is Presi- 
dent of the Senate. 



102 HISTORY OF THE STATE OF IOWA. 

Speakers of the House — Jesse B. Brown, 1847-48, Smiley H. Bonhan, 
1849-50; George Temple, 1851-52; James Grant, 1853-54; Reuben 
Noble, 1855-56; Samuel McFarland, 1856-57; Stephen B. Sheledy, 
1858-59; John Edwards, 1860-61; Rush Clark, 1862-63; Jacob Butler, 
1864-65; Ed. Wright, 1866-67; John Russell, 1868-69; Aylett R.Cotton, 
1870-71; James Wilson, 1872-73; John H. Gear, 1874-77; John Y. Stone, 
1878; Lore Alford, 1880; Geo. R. Struble, 1882. *- 

New Constitutional Convention, i8^g — Francis Springer, President; 
Thos. J. Saunders, Secretary. 

THE JUDICIARY. — SUPREME COURT OF IOWA. 

Chief yustices. — Charles Mason, resigned in June, 1847; Joseph Wil- 
liams, 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 fan., 1864; Geo. G. Wright, Jan., 1864, to Jan., 
1866; Ralph P. Lowe, Jan., 1866, to Jan., 186S; 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. i, 1878-79; Austin Adams, 1880-81; Wm. H. Seevers, 
1882-83. 

Associate yttdges. — ^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. Stock- 
ton, 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. Dillon, 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, Oct. 11, 1864, to succeed Dillon, resigned; James G. 
Dav, Jan. 1, 1871, to succeed Wright; Austin Adams, to 1886; James 
H. Rothrock, 1884. 

SUPREME COURT. 

William H. Seevers, Mahaska county. Chief Justice; James H. Roth- 
rock, Cedar county. Associate Justice; Joseph M. Beck, Lee county. Asso- 
ciate Justice; Austin Adams, Dubuque counter, Associate Justice; James 
G. Day, Fremont county, Associate Justice. 



CONGRESSIONAL REPRESENTATION. 

UNITED STATES SENATORS. 

(The first General Assembly failed to elect Senators.) 

George W. Jones, Dubuque, Dec. 7, 1848-1858 ; Augustus C. Dodge, Bur- 
lington, Dec. 7, 1848-1855; James Harlan, Mt. Pleasant, Jan. 6, 1855-1865; 
James W. Grimes, Burlington, Jan. 26, 1858-died 1870 ; Samuel J. Kirkwood, 
Iowa City, elected Jan. 13, 1866, to fill vacancy caused by resignation of James 



HISTORY OF THE STATE OF IOWA. 103 

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, Dos 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 184-7. — 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, Grenville M. Dodge ; Sixth District, 
Asahel W. Hubbard. 

Forty-first Congress — 1869 to 1871. — First District, George W. McCrary ; 
Second District, William Smyth ; Third District, William B. Allison ; Fourth 
District, William Loughridge; Fifth District, Frank W. Palmer; Sixth Dis- 
trict, Charles Pomeroy. 

Forty-second Congress — 1871 to i<?75.— 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 Beat by acceptance of commisBlon as Brigadier General, and J. F. Wilson chosen his successor. 



104 HISTORY OF THE STATE OF IOWA. 

William Loughridge; Seventh District, John A, Kasson ; Eighth Districc, 
James W. McDill ; Ninth District, Jackson Orr. 

Forty-fourth Congress— 1875 to 1S77.— 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, Hiram Price ; Third District, T. W. Burdick ; Fourth District, H. C. 
Deering ; Fifth District, Rush Clark ; Sixth District, E. S. Sampson ; 
Seventh District, H. J. B. Cummings ; Eighth District, W. F. Sapp ; Ninth 
District, Addison Oliver. 

WAR RECORD. 

The State of Iowa may well be proud of her record during the War of the 
Rebellion, from 1861 to 186.>. The following brief but compi-ehensive sketch of 
the history she made during that trying period is largely from the pen of Col. A. 
P. Wood, of Dubuque, the author of "The History of Iowa and the War," one 
of the best works of the kind yet written. 

^ " \yhether in the promptitude of her responses to the calls made on her by 
the General Government, in the courage and constancy of her soldiery in the 
field, or in the wisdom and efficiency with which her civil administration was 
conducted during the trying period covered by the War of the Rebellion, Iowa 
proved herself the peer of any loyal State. The proclamation of her Governor, 
responsive to that of the President, calling for volunteers to compose her First 
Regiment, was issued on the fourth day after the fall of Sumter. At the end 
of only a single Aveek, 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 were these offers 
that the Govei*nor requested (on the 24th of April) permission to organize an 
additional regiment. While awaiting ai^ 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 Avithin 
the limits of the State. The same was done in part for the Second Infantry. 
Meantime, an extra session of the General Assembly had been called by the 
Governor, to convene on the loth 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- 



HISTORY OF THE STATE OF IOWA. 



105 



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 oidy 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 w^as 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 efforts to discharge her whole duty in common with 
all the other Union-loving States in the great emergency, Iowa was compelled 
to make immediate and ample 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 thetn 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 Northern Missouri for 
assistance against their disloyal enemies, large numbers of militia on foot often 
turned out, and remained in the field until the necessity for their services had 
passed. 

" The first order for the Iowa volunteers to move to the field was received 
on the 13th of June. It was issued by Gen. Lyon, then commanding the 
United States forces in Missouri. The First and Second Infantry immediately 
embarked in steamboats, and moved to Hannibal. Some two weeks later, the 
Third Infantry was ordered to the same point. These three, together with 
many other of the earlier organized Iowa regiments, rendered their first field 
service in Missouri. The First Infantry formed a part of the little array 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 ; an^ in 
November, the Seventh Iowa, as a part of a force commanded by Gen. Grant, 
greatly distinguished itself in the battle of Belmont, Avhere 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 refen-ed 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 



106 HISTORY OF THE STATE OF IOWA. 

captured and the Confederacy permanently severed on the line of the Mississippi 
River, Iowa troops took part in steadily increasing numbers. In the investment 
and siege of Vicksburg, the State was represented by thirty regiments and two 
batteries, in addition to which, eight regiments and one battery were employed 
on the outposts of the besieging ai-my. 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 
above all other periods in the history of re-enlistments for tlie national armies, 
the Iowa three years' men (wlio were relatively more numerous th.m 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 Avithout defenders. 

" In 'all the important movements of 1864-65, by Avhich 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 1S63 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 considei'able 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 Avorkers 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 were 
seeking the benefits of its care. This was done by establishing a branch 
at Cedar Falls, in Black Hawk County, and by securing, during the same 
year, for the use of the parent Home, Camp Kinsman near the City of 
Davenport. This property was soon afterward donated to the institution, by 
act of Congress. 



HISTORY OF THE STATE OF IOWA. 



107 



" 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 wore of suitable age. In all 
ways the provision made for these wards of the Slate 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 infiintry, 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. Thenuniber of men who, under special enlistments, 
and as militia, took part at different times in the operations on the exposed 
borders of the State, wns 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 <|uota aecouiits.'" 

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 Stale 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 hei- bonds 
issued and sold during the war to provide the means for raising and ecpiipping 
her troops sent into the field, and to meet the inevitable demands upon her 
treasury in consequence of the war. 



108 HISTORY OF THE blATE OF IOWA. 

INFANTRY. 

THE FIRST INFANTRY 

was organized under the President's first proclamation for volunteers for three 
months, with John Francis Bates, of Dubuque, as Colonel ; William H. Mer- 
ritt, of Cedar Rapids, as Lieutenant Colonel, and A. B. Porter, of Mt. Pleas- 
ant, as Major. Companies A and C were from Muscatine County ; Company 
B, from Johnson County; Companies D and E, from Des Moines County; 
Company F, from Henry County ; Company G, from Davenport ; Companies 
H and I, from Dubuque, and Company K, from Linn County, and were mus- 
tered into United States service May 14, 1861, at Keokuk. The above com- 
panies were independent military organizations before the war, and tendered 
their services before breaking-out of hostilities. The First was engaged at the 
battle of Wilson's Creek, under Gen. Lyon, where it lost ten killed and fifty 
wounded. Was mustered out at St. Louis Aug. 25, 1861. 

THE SECOND INFANTRY 

was organized, with Samuel R. Curtis, of Keokuk, as Colonel ; Jas. M. Tuttle, 
of Keosauqua, as Lieutenant Colonel, and M. M. Crocker, of Des Moines, as 
Major, and was mustered into the United States service at Keokuk in May, 
1861. Company A was from Keokuk; Company B, from Scott County; Com- 
pany C, from Scott County ; Company D, from Des Moines ; Company E, from 
Fairfield, Jefferson Co. ; Company F, from Van Buren County ; Company G, 
from Davis County ; Company H, from Washington County ; Company I, from 
Clinton County ; and Company K, from Wapello County. It participated in the 
following engagements : Fort Donelson, Shiloh, advance on Corinth, Corinth, 
Little Bear Creek, Ala.; Tunnel Creek, Ala.; Resaca, Ga.; Rome Cross Roads, 
Dallas, Kenesaw Mountain, Nick-a-Jack Creek, in front of Atlanta, January 22, 
1864 ; siege of Atlanta, Jonesboro, Eden Station, Little Ogeechee, Savannah, 
Columbia, S. C. ; Lynch's Creek, and Bentonsville. Was on Sherman's march 
to the sea, and through the Carolinas home. The Second Regiment of Iowa 
Infantry Veteran Volunteers was formed by the consolidation of the battalions 
of the Second and Third Veteran Infantry, and was mustered out at Louisville, 
Ky., July 12, 1865. 

THE THIRD INFANTRY 

was organized with N. G. Williams, of Dubuque County, as Colonel ; John 
Scott, of Story County, Lieutenant Colonel ; Wm. N. Stone, of Marion County, 
Major, and was mustered into the United States service in May, 1861, at 
Keokuk. Company A was from Dubuque County ; Company B, from Marion 
County ; Company C, from Clayton County ; Company D, from Winneshiek 
County ; Company E, from Boone, Story, Marshall and Jasper Counties ; Com- 
pany F, from Fayette County ; Company G, from Warren County ; Company H, 
from Mahaska County ; Company I, from Floyd, Butler Black Hawk and 
Mitchell Counties, and Company K from Cedar Falls. It was engaged at Bin* 
Mills, Mo. ; Shiloh, Tenn. ; Hatchie River, Matamoras, Vicksburg, Johnson, 
Miss., Meridian expedition, and Atlanta, Atlanta campaign and Sherman's 
march to Savannah, and through the Carolinas to Richmond and Washington. 
The veterans of the Third Iowa Infantry were consolidated with the Second, 
and mustered out at Louisville, Ky., July 12, 1864. 



HISTORY OF THE 8TATE 6f IOWA. lOf) 

THE FOURTH INFANTRY 

was organized Avitli G. M. Dodge, of Council Bluffs, as Colonel ; John 
Galligan, of Davenport, as Lieutenant Colonel; Wm. R. English, Glcnwood. 
as Major. Company A, from Mills County, was mustered in at Jefferson Bar- 
racks, Missouri, August 15, 1861 ; Company B, Pottawattamie County, was 
mustered in at Council Bluffs, August 8, 1861 ; Company C, Guthrie County, 
mustered in at Jefferson Barracks, Mo., May 3, 1861 ; Company D, Decatur 
County, at St. Louis, August 16th ; Company E, Polk County, at Council 
Bluffs, August 8th ; Company F, Madison County, Jefferson Barracks, August 
15th ; Company G, Ringgold County, at Jefferson Barracks, August 15th ; 
Company H, Adams County, Jefferson Barracks, August 15th ; Company I, 
Wayne County, at St. Louis, August 81st; Company K, Taylor and Page 
Counties, at St. Louis, August 31st. Was engaged at Pea Ridge, Chickasaw 
Bayou, Arkansas Post, Vicksburg, Jackson, Lookout Mountain, Missionary 
Ridge, Ringgold, Resaca, Taylor's Ridge; came home on veteran furlough 
February 26, 1864. Returned in April, and was in the campaign against 
Atlanta, and Sherman's march to the sea, and thence through the Carolinas 
to Washington and home. Was mustered out at Louisville, Kentucky, July 
24, 1865. 

THE FIFTH INFANTRY 

was organized with Wm. H. Worthington, of Keokuk, as Colonel; C. Z. Mat- 
thias, of Burlington, as Lieutenant Colonel; W. S. Robertson, of Columbus City, 
as Major, and was mustered into the United States service, at Burlington, July 
15, 1861. Company A was from Cedar County; Company B, from Jasper 
County ; Company C, from Louisa County ; Company D, from Marshall County ; 
Company E, from Buchanan County ; Company F, from Keokuk County ; Com- 
pany G, from Benton County ; Company H, from Van Buren County ; Company 
I, from Jackson County ; Company K, from Allamakee County ; was engaged at 
New Madrid, siege of Corinth, luka, Corinth, Champion Hills, siege of Vicks- 
burg, Chickamauga ; went home on veteran furlough, April, 1864. The non- 
veterans went home July, 1864, leaving 180 veterans who were transferred to 
the Fifth Iowa Cavalry. The Fifth Cavalry was mustered out at Nashville, 
Tennessee, Aug. 11, 1865. 

THE SIXTH INFANTRY. 

was mustered into the service July 6, 1861, at Burlington, with John A. 
McDowell, of Keokuk, as Colonel ; Markoe Cummins, of Muscatine, Lieuten- 
ant Colonel ; John M. Corse, of Burlington, Major. Company A was from 
Linn County; Company B, from Lucas and Clarke Counties; Company C, 
from Hardin County ; Company D, from Appanoose County ; Company E, 
from Monroe County ; Company F, from Clarke County ; Company G, from 
Johnson County ; Company H, from Lee County ; Company I, from Des 
Moines County ; Company K, from Henry County. It was engaged at Shiloh, 
Mission Ridge, Resaca, Dallas, Big Shanty, Kenesaw Mountain, Jackson, Black 
River Bridge, Jones' Ford, etc., etc. The Sixth lost 7 officers killed in action, 18 
wounded ; of enlisted men 102 were killed in action, 30 died of wounds, 124 of 
disease, 211 were discharged for disability and 301 were wounded in action, 
which was the largest list of casualties, of both officers and men, of any reg- 
iment from Iowa. Was mustered out at Louisville, Kentucky, July 21, 1865. 



110 HISTORY 'of the STATE OF IOWA. 



THE SEVENTH INFANTRY 



was mustered into the United States service at Burlington, July 24, 1861, 
with J. G. Lauman, of Burlington, as Colonel ; Augustus Wentz, of Daven- 
port, as Lieutenant Colonel, and E. W. Rice, of Oskaloosa, as Major. Com- 
pany A was from Muscatine County ; Company B, from ChickasaAv and Floyd 
Counties ; Company C, from Mahaska County ; Companies D and E, from Lee 
County ; Company F, from Wapello County ; Company G, from Iowa County ; 
Company H, from Washington County ; Company I, from Wapello County ; 
Company K, from Keokuk. Was engaged at the battles of Belmont (in which 
it lost in killed, wounded and missing 237 men). Fort Henry, Fort Donelson, 
Shiloh, siege of Corinth, Corinth, Rome Cross Roads, Dallas, New Hope 
Church, Big Shanty, Kenesaw Mountain, Nick-a-Jack Creek, siege of Atlanta, 
battle on 22d of July in front of Atlanta, Sherman's campaign to the ocean, 
through the Carolinas to Richmond, and thence to Louisville. Was mustered 
out at Louisville, Kentucky, July 12, 1865. 



THE EIGHTH INFANTRY 



was mustered into the United States service Sept. 12, 1861, at Davenport, 
Iowa, with Frederick Steele, of the regular army, as Colonel ; James L. Geddes, 
of Vinton, as Lieutenant Colonel, and J. C. Ferguson, of Knoxville, as Major. 
Company A was from Clinton County ; Company B, from Scott County ; 
Company C, from Washington County ; Company D, from Benton and Linn 
Counties : Company E, from Marion County ; Company F, from Keokuk 
County ; Company G, from Iowa and Johnson Counties ; Company H, from 
Mahaska County ; Company I, from Monroe County ; Company K, from Lou- 
isa County. Was engaged at the following battles : Shiloh (where most of the 
regiment were taken prisoners of war), Corinth, Vicksburg, Jackson and Span- 
ish Fort. Was mustered out of the United States service at Selma, Alabama, 
April 20, 1866. 



THE NINTH INFANTRY 



was mustered into the L^nited States service September 24, 1861, at Dubuque, 
with Wm. Vandever, of Dubuque, Colonel ; Frank G. Herron, of Dubuque, 
Lieutenant Colonel ; Wm. H. Coyle, of Decorah, Major. Company A was 
from Jackson County ; Company B, from Jones County ; Company C, from Bu- 
chanan County ; Company D, from Jones County ; Company E, from Clayton 
County ; Company F, from Fayette County ; Company G, from Black Hawk 
County ; Company H, from Winneshiek County ; Company I, from Howard 
County and Company K, from Linn County. Was in the following engage- 
ments : Pea Ridge, Chickasaw Bayou, Arkansas Post, siege of Vicksburg, 
Ringgold, Dallas, Lookout Mountain, Atlanta campaign, Sherman's march to 
the sea, and throuo-h North and South Carolina to Richmond. Was mustered 
out at Louisville, July 18, 1865. 

THE TENTH INFANTRY 

was mustered into the United States service at Iowa City September 6, 1861, 
with Nicholas Perczel, of Davenport, as Colonel ; W. E. Small, of Iowa City, 
as Lieutenant Colonel ; and John C. Bennett, of Polk County, as Major. Com- 
pany A was from Polk County ; Company B, from Warren County ; Company 
C, from Tama County ; Company D, from Boone County ; Company E, from 
Washington County ; Company F, from Poweshiek County ; Company G* from 



HISTORY OF THE STATE OF lOAVA. Ill 

Warren County ; Company H, from Gi'eene County ; Company I, from Jasper 
County ; Company K, from Polk and Madison Counties. Participated in the 
following engagements : Siege of Corinth, luka. Corinth, Port Gibson, Ray- 
mond, Jackson, Champion Hills, Vicksburg and Mission Ridge. In Septem- 
ber, 18(34, the non-veterans being mustered out, the veterans were transferred 
to the Fifth Iowa Cavalry, where will be found their future operations. 

THE ELEVENTH INFANTRY 

was mustered into the United States service at Davenport, Iowa, in September 
and October, 18(J1, with A. M. Hare, of Muscatine, as Colonel ; Jno. C. Aber- 
crombie, as Lieutenant Colonel ; Wm. Hall, of Davenport, as Major. Com- 
pany A was from Muscatine ; Company B, from Marshall and Hardin Counties ; 
Company C, from Louisa County ; Company D, from Muscatine County ; Com- 
pany E, from Cedar County ; Company F, from Washington County ; Company 
G, from Henry County ; Company H, from Muscatine County ; Company I 
from Muscatine County ; Company K, from Linn County. Was engaged in the 
battle of Shiloh, siege of Corinth, biittles of Corinth, Vicksburg, Atlanta cam- 
paign, battle of Atlanta, July 22, 1864. Was m-istered out at Louisville, Ky., 
July 15, 1865. 

THE TWELFTH INFANTRY 

was mustered into the United States service November 25, 1861, at Dubuque, 
with J. J. Wood, of Maquoketa, as Colonel ; John P. Coulter, of Cedar Rapids, 
Lieutenant Colonel ; Samuel D. Brodtbeck, of Dubuque, as Major. Company 
A was from Hardin County ; Company B, from Allamakee County ; Company C, 
from Fayette County ; Company D, from Linn County ; Company E, from Black 
Hawk County ; Company F, from Delaware County ; Company G, from Winne- 
shiek County ; Company H, from Dubuque and Delaware Counties ; Company 
I, from Dubuque and Jackson Counties ; Company K, from Delaware County. 
It was engaged at Fort Donelson, Shiloh, where most of the regiment was 
captured, and those not captured were organized in what was called the Union 
Brigade, and were in the battle of Corinth ; the prisoners were exchanged 
November 10, 1862, and the regiment re-organized, and then participating in 
the siege of Vicksburg, battle of Tupelo, Miss.; White River, Nashville and 
Spanish Fort. The regiment was mustered out at Memphis, January 20, 1866. 

THE THIRTEENTH INFANTRY 

was mustered in November 1, 1861, at Davenport, with M. M. Crocker, of Des 
Moines, as Colonel ; M. M. Price, of Davenport, Lieutenant Colonel ; John 
Shane, Vinton, Major. Company A was from Mt. Vernon ; Company B, from 
Jasper County ; Company C, from Lucas County ; Company D, from Keokuk 
County ; Company E, from Scott County ; Company F, from Scott and Linn 
Counties ; Company G, from Benton County ; Company H, from Marshall County ; 
Company I, from Washington County ; Company K, from Washington County. 
It participated in the folloAving engagements : Shiloh, siege of Corinth, Corinth, 
Kenesaw Mountain, siege of Vicksburg, Campaign against Atlanta. Was on 
Sherman's march to the sea, and through North and South Carolina. Was 
mustered out at Louisville July 21, 1865. 

THE FOURTEENTH INFANTRY 

was mustered in the United States service October, 1861, at Davenport, with 
Wm. T. Shaw, of Anamosa, as Colonel ; Edward W. Lucas, of Iowa City, as 



112 HISTORY OF THE STATE OF IOWA. 

J 
Lieutenant Colonel; Hiram Leonard, of Des Moines County, as Major. Com- 
pany A was from Scott County ; Company B, from Bremer County ; Company 
T>, from Henry and Van Buren Counties ; Company E, from Jasper County ; 
Company F, from Van Buren and Henry Counties ; Company G, from Tama and 
Scott Counties; Company H, from Linn County; Company I, from Henry 
County ; Company K, from Des Moines County. Participated in the follow- 
ing engagements : Ft. Donelson, Shiloh, Corinth (where most of the regiment 
were taken prisoners of war), Pleasant Hill, Meridian, Ft. De Russey, Tupelo, 
Town Creek, Tallahatchie, Pilot Knob, Old Town, Yellow Bayou, etc., etc., 
and was mustered out, except veterans and recruits, at Davenport, Iowa, No- 
vember 16, 1864. 

THE FIFTEENTH INFANTRY 

was mustered into the United States service March 19, 1862, at Keokuk, with 
Hugh T. Reid, of Keokuk, as Colonel ; Wm. Dewey, of Fremont County, as 
Lieutenant Colonel ; W. W. Belknap, of Keokuk, as Major. Company A was 
from Linn County; Company B, from Polk County; Company C, from Mahaska 
County ; Company D, from Wapello County ; Company E, from Van Buren 
County ; Company F, from Fremont and Mills Counties ; Company G, from 
Marion and Warren Counties ; Company H, from Pottawattamie and Harrison 
Counties ; Company I, from Lee, Van Buren and Clark Counties ; Company K, 
from Wapello, Van Buren and Warren Counties. Participated in the battle of 
Shiloh, siege of Corinth, battles of Corinth, Vicksburg, campaign against At- 
lanta, battle in front of Atlanta, July 22, 1864, and was under fire during 
the siege of Atlanta eighty-one days; was on Sherman's march to the sea, and 
through the Carolinas to Richmond, Washington and Louisville, where it was 
mustered out, August 1, 1864. 

THE SIXTEENTH INFANTRY 

was mustered into the LTnited States service at Davenport, Iowa, December 10, 

1861, with Alexander Chambers, of the regular army, as Colonel ; A. H. 
Sanders, of Davenport, Lieutenant Colonel ; Wm. Purcell, of Muscatine, 
Major. Company A was from Clinton County ; Company B, from Scott 
County; Company C, from Muscatine County ; Company D, from Boone County; 
Company E, from Muscatine County ; Company F, from Muscatine, Clinton and 
Scott Counties ; Company G, from Dubuque County ; Company H, from Du- 
buque and Clayton Counties; Company I, from Black Hawk and Linn Counties; 
Company K, from Lee and Muscatine Counties. Was in the battles of Shiloh, 
siege of Corinth, luka, Corinth, Kenesaw Mountain, Nick -a- Jack Creek, battles 
around Atlanta; was in Sherman's campaigns, and the Carolina campaigns. 
Was mustered out at Louisville, Ky., July 19, 1865. 

THE SEVENTEENTH INFANTRY 

was mustered into the United States service at Keokuk, in March and April, 

1862, with Jno. W. Rankin, of Keokuk, Colonel ; D. B. Hillis, of Keokuk, 
as Lientenant Colonel; Samuel M. Wise, of Mt. Pleasant, Major. Company 
A was from Decatur County; Company B, from Lee County; Company C, 
from Van Buren, Wapello and Lee Counties ; Company D, from Des Moines, 
Van Buren and Jefferson Counties ; Company E, from Wapello County ; Com- 
pany F, from Appanoose County; Company G, from Marion County; Com- 
pany H, from Marion and Pottawattamie Counties ; Company I, from Jefferson 
and Lee Counties; Company K, from Lee and Polk Counties. They were in 



HISTORY OF THE STATE OF IOWA. 113 

the following engagements: Siege of Corinth, luka, Corinth, Jackson, Cham- 
pion Hills, Fort Hill, siege of Vicksburg, Mission Ridge, and at Tilton, Ga., 
Oct. 13, 1864, most of the regiment were taken prisoners of war. Was mus- 
tered out at Louisville, Ky., July 25, 1865. 

THE EIGHTEENTH INFANTRY 

was mustered into the United States service August 5, 6 and 7, 1862, at Clin- 
ton, with John Edwards, of Chariton, Colonel ; T. Z. Cook, of Cedar Rapids, 
Lieutenant Colonel ; Hugh J. Campbell, of Muscatine, as Major. Company 
A, was from Linn and various other counties ; Company B, from Clark County ; 
Company C, from Lucas County; Company D, from Keokuk and Wapello 
Counties ; Company E, from Muscatine County ; Company F, from Appanoose 
County ; Company G, from Marion and Warren Counties ; Company H, from 
Fayette and Benton Counties ; Company I, from Washington County ; Com- 
pany K, from Wapello, Muscatine and Henry Counties, and was engaged in 
the battles of Springfield, Moscow, Poison Spring, Ark., and was mustered out 
at Little Rock, Ark., July 20, 1865. 

THE NINETEENTH INFANTRY 

was mustered into the United States service August 17, 1862, at Keokuk, with 
Benjamin Crabb, of Washington, as Colonel ; Samuel McFarland, of Mt. Pleas- 
ant, Lieutenant Colonel, and Daniel Kent, of Ohio, Major. Company A was 
from Lee and Van Buren Counties; Company B, from Jefferson County; Com- 
pany C, from Washington County ; Company D, from Jefferson County ; Com- 
pany E, from Lee County; Company F, from Louisa County; Company G, 
from Louisa County ; Company H, from Van Buren County ; Company I, from 
Van Buren County ; Company K, from Henry County. Was engaged a Prairie 
Grove, Vicksburg, Yazoo River expedition. Sterling Farm, September 29, 1863, 
at which place they surrendered ; three officers and eight enlisted men were 
killed, sixteen enlisted men were woun'^\ed, and eleven officers and two hundred 
and three enlisted men taken prisoners out of five hundred engaged; they 
were exchanged July 22d, and joined their regiment August 7th, at New Or- 
leans. Was engaged at Spanish Fort. Was mustered out at Mobile, Ala., July 
10, 1865. 

THE TWENTIETH INFANTRY 

was mustered into the United States service August 25, 1862, at Clinton, with 
Wm. McE. Dye, of Marion, Linn Co., as Colonel : J. B. Leek, of Davenport, as 
Lieutenant Colonel, and Wm. G. Thompson, of Marion, Linn Co., as Major. 
Companies A, B, F, H and I were from Linn County ; Companies C, D, E, G 
and K, from Scott County, and was engaged in the following battles : Prairie 
Grove, and assault on Fort Blakely. Was mustered out at Mobile, Ala., July 
8, 1865. 

THE TWENTY-FIRST INFANTRY 

was mustered into the service at Clinton in June and August, 1862, with 
Samuel Merrill (late Governor of Iowa) as Colonel ; Charles W. Dunlap, of 
Mitchell, as Lieutenant Colonel ; S. G. VanAnda, of Delhi, as Major. Com- 
pany A was from Mitchell and Black Hawk Counties ; Company B, from 
Clayton County ; Company C, from Dubuque County ; Company D, from 
Clayton County ; Company E, from Dubuque County ; Company F, from Du- 
buque County ; Company G, from Clayton County ; Company H, from Dela- 

8 



114: HISTORY OF THE STATE OF IOWA. 

ware County ; Company I, from Dubuque County ; Company K, from Delaware 
County, and was in the following engagements : Hartsville, Mo, ; Black River 
Bridge, Fort Beauregard, was at the siege of Vicksburg, Mobile, Fort Blakely, 
and was mustered out at Baton Rouge, La., July 15, 1865. 

THE TWENTY-SECOND INFANTRY 

was mustered into the United States service Sept. 10, 1862, at Iowa City, with 
Wm. M. Stone, of Knoxville (since Governor of Iowa), as Colonel ; Jno. A. 
Garrett, of Newton, Lieutenant Colonel ; and Harvey Graham, of Iowa City, 
as Major. Company A was from Johnson County ; Company B, Johnson 
County ; Company C, Jasper County; Company D, Monroe County ; Company 
E, Wapello County; Company F, Johnson Count v ; Company G, Johnson 
County ; Company H, Johnson County ; Company I, Johnson County ; Com- 
pany K, Johnson County. Was engaged at Vicksburg, Thompson's Hill, Cham- 
pion Hills, Sherman's campaign to Jackson, at Winchester, in Shenandoah Val- 
ley, losing 109 men, Fisher's Hill and Cedar Creek. Mustered out at Savannah, 
Ga., July 25, 1865. 

THE TWENTY-THIRD INFANTRY 

was mustered into United States service at Des Moines, Sept. 19, 1862, with 
William Dewey, of Sidney, as Colonel ; W. H. Kinsman, of Council Bluffs, as 
Lieutenant Colonel, and S. L. Glasgow, of Corydon, as Major. Companies 
A, B and C, were from Polk County ; Company D, from Wayne County ; Com- 
pany E, from Pottawattamie County ; Company F, from Montgomery County ; 
Company G, from Jasper County; Company H, from Madison County; Com- 
pany I, from Cass County, and Conypany rK, from Marshall County. Was in 
Vicksburg, and engaged at Port Gibson, Black River, Champion Hills, Vicks- 
burg, Jackson, Milliken's Bend, Fort Blakely, and was mustered out at Harris- 
;burg, Texas, July 26, 1865 

THE TAVENTY-FOURTH 

was mustered into United States service at Muscatine, September 18, 1862, 
with Eber C. Byam, of Mount Vernon, as Colonel; John Q. Wilds, of Mount 
Vernon, as Lieutenant Colonel, and Ed. Wright, of Springdale, as Major. 
Company A was from Jackson and Clinton Counties ; Companies B and C, 
from Cedar County; Company D, from Washington, Johnson and Cedar 
Counties; Company E, from Tama County; Companies F, G and H, from 
Linn County ; Company I, from Jackson County, and Company K, from Jones 
County. Was engaged at Port Gibson, Champion Hills, Gen. Banks' Red 
River expedition, Winchester and Cedar Creek. Was mustered out at Savan- 
nah, Ga., July 17, 1865. 

THE TAVENTY-FIFTH INFANTRY 

was organized with George A. Stone, of Mount Pleasant, as Colonel ; Fabian 
Brydolf as Lieutenant Colonel, and Calom Taylor, of Bloomfield, as Major, " 
and was mustered into United States service at Mount Pleasant, September 27, 
1862. Companies A and I were from Washington County; Companies B and 
H, from Henry County ; Company C, from Henry and Lee Counties ; Com- 
panies D, E and G, from Dea Moines County ; Company F, from Louisa 
County, and Company K, from Des Moines and Lee Counties. Was engaged 
at Arkansas Post, Vicksburg, Walnut Bluff, Chattanooga, Campain, Ring- 



HISTORY OF THE STATE OF IOWA. llo 

gold, Ga., Resaca, Dallas, Kenesaw Mountain, battles around Atlanta, Love- 
joy Station, Jonesboro, Ship's Gap, Bentonville, and on Sherman's march 
through Georgia and tlie Carolmas, to Richmond and Washington. Was 
mustered out at Washington, D. C, June 6, 1865. 

THE TWENTY-SIXTH 

was organized and musterrd in at Clinton, in August, 1862, with Milo Smith, 
of Clinton, as Colonel ; S. G. Magill, of Lyons, as Lieutenant Colonel, and 
Samuel Clark, of De Witt, as Major. Company A was from Clinton and 
Jackson Counties ; Company B, from Jackson County ; Companies C, D, E, 
F, G, H, I and K, from Clinton County. Was engaged at Arkansas Post, 
Vicksburg, Snake Creek Gap, Ga., Resaca, Dallas, Kenesaw Mountain, De- 
catur, siege of Atlanta, Ezra Church, Jonesboro, Lovejoy Station, Ship's Gap, 
Sherman's campaign to Savannah, went through the Carolinas, and was mus- 
tered out of service at Washington, D. C, June 6, 1865. 

THE TWENTY-SEVENTH 

was mustered into United States service at Dubuque, Oct. 3, 1862, with James 
I. Gilbert, of Lansing, as Colonel ; Jed Lake, of Independence, as Lieutenant 
Colonel ; and G. W. Howard, of Bradford, as Major. Companies A, B and I 
were from Allamakee County ; Companies C and H, from Buchanan County ; 
Companies D and E, from Clayton County ; Company F, from Delaware 
County ; Company G, from Floyd and Chickasaw Counties, and Company K, 
from Mitchell County. Engaged at Little Rock, Ark., was on Red River ex- 
pedition, Fort De Russey, Pleasant Hill, Yellow Bayou, Tupelo, Old Town 
Creek and Fort Blakely. Was mustered out at Clinton, Iowa, Aug. 8, 1865. 

THE TWENTY-EIGHTH 

was organized at Iowa City, and mustered in Nov. 10, 1862, with ^William E. 
Miller, of Iowa City, as Colonel; John Connell, of Toledo, as Lieutenant Colonel, 
and H. B. Lynch, of Millersburg, as Major. Companies A and D were 
from Benton County ; Companies B and G, from Iowa County ; Companies 
C, H and I, from Poweshiek County; Company E, from Johnson County; 
Company F, from Tama County, and Company K, from Jasper County. Was 
engaged at Port Gibson, Jackson and siege of Vicksburg; was on Banks' Red 
River expedition, and engaged at Sabine Cross Roads ; was engaged in Shen- 
andoah Valley, Va., and engaged at Winchester, Fisher's Hill and Cedar Creek. 
Was mustered out of service at Savannah, Ga., July 31, 1865. 

THE TWENTY-NINTH 

was organized at Council Bluff's, and mustered into the United States service 
December 1, 1862, with Thomas II. Benton, Jr., of Council Bluffs, as Colonel ; 
■R. F. Patterson, of Keokuk, as Lieutenant Colonel ; and Charles B. Shoe- 
maker, of Clarinda, as Major. Company A was from Pottawattamie County ; 
Company B, from Pottawattamie and Mills Counties ; Company C, from Harrison 
County; Company D, from Adair and Adams Counties, Company E, from 
Fremont County ; Company F, from Taylor County ; Company G, from Ring- 
gold County. Was engaged at Helena, Arkansas and Spanish Fort. Was 
mustered out at New Orleans August 15, 1865. 



116 HISTORY OF THE STATi: OF IOWA. 



THE THIRTIETH INFANTRY 

was organized at Keokuk, and mustered into the United States service September 
23, 1862, with Charles B. Abbott, of Louisa County, as Colonel : Wra. M. G. Tor- 
rence, of Keokuk, as Lieutenant Colonel ; and Lauren Dewey, of Mt. Pleasant, as 
Major. Companies A and I were from Lee County ; Company B, from Davis 
County ; Compan;y C, from Des Moines County ; Company D, from Van Buren 
County ; Companies E and K from Washington County ; Company F, from 
Davis County ; and Companies G and H, from Jefferson County. Was 
engaged at Arkansas Post, Yazoo City, Vicksburg, Cherokee, Ala., Ringgold, 
Resaca, Kenesaw Mountain, Atlanta, Lovejoy Station. Jonesboro, Taylor's 
Ridge; was in Sherman's campaigns to Savannah and through the Carolinas to 
Richmond ; was in the grand review at Washington, D. C, where it was mus- 
tered out June '"), 1865. 

THE THIRTY-FIRST INFANTRY 

was mustered into the service at Davenport October 13, 1862, with William 
Smyth, of Marion, as Colonel ; J. W. Jenkins, of Maquoketa, as Lieutenant 
Colonel ; and Ezekiel Cutler, of Anamosa, as Major. Company A was fi'ora 
Linn County; Companies B, C and D, from Black Hawk County; Companies 
E, G and H, from Jones County; Companies F, f and K, from Jackson County. 
Was engaged at Chickasaw Bayou, Arkansas Post, Raymond, Jackson, Black 
River, Vicksburg, Cherokee, Lookout Mountain, Mission Ridge, Ringgold, 
Taylor's Hills, Snake Creek Gap, Resaca, Dallas, New Hope Church, Big 
Shanty, Kenesaw Mountain, Atlanta, Jonesboro ; was in Sherman's campaign 
through Georgia and the Carolinas, and was mustered out at Louisville, Ken- 
tucky, June 27, 1865 

THE THIRTY-SECOND INFANTRY 

was organized at Dubuque, with John Scott, of Nevada, as Colonel ; E. H. 
Mix, of Shell Rock, as Lieutenant Colonel, and G. A. Eberhart, of Waterloo, 
as Major. Company A was from Hamilton, Hardin and Wright Counties ; 
Company B, from Cerro Gordo County ; Company C, from Black Hawk 
County ; Company D, from Boone County; Company E, from Butler County; 
Company F, from Hardin County; Company G. from Butler and Floyd Coun- 
ties ; Company H, from Franklin County; Company L from Webster County, 
and Company K, from Marshall and Polk Counties, and was mustered into 
the United States service October 5, 1862. Was engaged at Fort De Russey, 
Pleasant Hill, Tupelo, Old Town Creek. Nashville, etc., and was mustered out 
of the United States service at Clinton, Iowa, Aug. 24, 1865. 

THE THIRTY-THIRD INFANTRY 

was organized at Oskaloosa, with Samuel A. Rice, of Oskaloosa, as Colonel ; 
Cyrus H. Maskey, of Sigourney, as Lieutenant Colonel, and Hiram D. Gibson, 
of Knoxville, as Major. Companies A and I were from Marion County; Com- 
panies B, F and H, from Keokuk County; Companies C, D, E and K, from 
^lakaska County, and Company G, from Marion, Makaska and Polk Counties, 
and mustered in October 1, 1862. '^ Was engaged at Little Rock, Helena, Sa- 
line River, Spanish Fort and Yazoo Pass. Was mustered out at New Orleans, 
July 17, 1865. 



HISTORY OF THE STATE OF IOWA. H^ 



THE THIRTY-FOURTH INFANTRY 

was organized with George W. Clark, of Indianola, as Colonel ; W. S. Dungan, 
of Chariton, as Lieutenant Colonel, and R, D. Kellogg, of Decatur County, as 
Major, and mustered in at Burlington, October 15, 1862, Companies A and I 
were from Decatur County ; Companies B, C and D, from Warren County ; Com- 
pany E, from Lucas County; Company F, from Wayne County; Company (I, 
from Lucas and Clark Counties; Company H, from Madison and Warren 
Counties, and Company K, from Lucas County. Was engaged at Arkansas 
Post, Ft. Ga-ines, etc., etc. Was consolidated with the Thirty-eighth Infantry, 
January 1, 1865, and mustered out at Houston, Texas, August 15, 1865. 

THE THIRTY-FIFTH INFANTRY 

was organized at Muscatine, and mustered in the United States service Sep- 
tember 18, 1862, with S. G. Hill, of Muscatine, as Colonel; James H. Roth- 
rock, as Lieutenant Colonel, and Henry 0' Conner, of Muscatine, as Major. 
Companies A, B, C, D and E, were from Muscatine County; Company F, 
from Muscatine and Louisa Counties ; Companies G, H and I, from Muscatine 
and Cedar Counties, and Company K, from Cedar County. Participated in 
the battles of Jackson, siege of Vicksburg, Bayou Rapids, Bayou de Glaze, 
Pleasant Hill, Old River Lake, Tupelo, Nashville, etc. Was mustered out at 
Davenport, August 10, 1865. 



THE THIRTY-SIXTH INFANTRY 

was organized at Keokuk, with Charles W. Kittredge, of Ottumwa, as Colonel ; 
F. M. Drake, of Unionville, Appanoose County, as Lieutenant Colonel, and T. 

C. Woodward, of Ottumwa, as Major, and mustered in October 4, 1862 ; Com- 
pany A was from Monroe County ; Companies B, D, E, H and K, from 
Wapello County, and Companies C, F, G and I, from Appanoose County. 
Was engaged in the following battles : Mark's Mills, Ark. ; Elkins' Ford, 
Camden, Helena, Jenkins' Ferry, etc. At Mark's Mills, April 25, 1864, out 
of 500 engaged, lost 200 killed and wounded, the balance being taken prisoners 
of war ; was exchanged October 6, 1864. Was mustered out at Duvall's Bluff, 
Ark.j August 24, 1865. 

THE THIRY-SEVENTH INFANTRY'^ (OR GRAY BEARDS; 

was organized with Geo. W. Kincaid, of Muscatine, as Colonel ; Geo. R. West, 
of Dubuque, as Lieutenant Colonel, and Lyman Allen, of Iowa City, as Major, 
and was mustered into United States service at Muscatine December 15, 1862. 
Company A was from Black Hawk and Linn Counties ; Company B, from 
Muscatine County ; Company C, from Van Buren and Lee Counties ; Company 

D, from Johnson and Iowa Counties ; Company E, from Wapello and Mahaska 
Counties ; Company F, from Dubuque County ; Company G, from Appanoose, 
Des Moines, Henry and Washington Counties ; Company II, from Henry and 
Jefferson Counties ; Company I, from Jasper, Linn and other counties, and 
Company K, from Scott and Fayette Counties. The object of the Thirty- 
seventh was to do garrison duty and let the young men go to the front. It was 
mustered out at Davenport on expiration of three years' service. 



118 HISTORY OF THE STATE OF IOWA. 



THE THIRTY-EIGHTH INFANTRY 

was organized at Dubuque, and nmstered in November 4, 1862, with D. H. 
Hughes, of Decorah, as Colonel ; J. 0. Hudnutt, of Waverly, as Lieutenan, 
Colonel, and Charles Chadwick, of West Union, as Major. Companies A, Ft 
G and H were from Fayette County ; Company B, from Bremer County ; Com- 
pany C, from Chickasaw County ; Companies D, E and K, from Winneshiek 
County, and Company I, from Howard County. Participated in the siege of 
Vicksburg, Banks' Red River expedition, and on December 12, 1864, was 
consolidated with the Thirty-fourth Infantry. Mustered out at Houston, Texas, 
August 15, 1865. 

THE THIRTY-NINTH INFANTRY 

was organized with H. J. B. Cummings, of Winterset, as Colonel; James Red- 
field, of Redfield, Dallas County, as Lieutenant Colonel ; and J. M. GriflBths, 
of Des Moines, as Major. Companies A and F were from Madison County ; 
Companies B and I, from Polk County ; Companies C and H, from Dallas 
County ; Company D, from Clark County ; Company E, from Greene County ; 
Company G, from Des Moines and Henry Counties ; and Company K, from 
Clark and Decatur Counties. Was engaged at Parker's Cross Roads, Tenn,; 
Corinth, Allatoona, Ga.; Resaca, Kenesaw Mountain, Atlanta, Sherman's march 
to Savannah and through the Carolinas to Richmond, and was mustered out at 
Washington June 5, 1865. 

THE FORTIETH INFANTRY 

was organized at Iowa City November 15, 1862, with John A. Garrett, of 
Newton, as Colonel; S. F. Cooper, of Grinnell, as Lieutenant Colonel; and 
S. G. Smith, of Newton, as Major. Companies A and H were from Marion 
County ; Company B, from Poweshiek County ; Company C, from Mahaska 
County ; Companies D and E, from Jasper County ; Company F, from Ma- 
haska and Marion Counties ; Company G, from Marion County ; Company I, 
from Keokuk County; and Company K, from Benton and other counties. Par- 
ticipated in the siege of Vicksburg, Steele's expedition, Banks' Red River 
expedition, Jenkins' Ferry, etc. Was mustered out at Port Gibson August 2, 
1866. 

THE FORTY-FIRST INFANTRY, 

formerly Companies A, B and C of the Fourteenth Infantry, became Compa- 
nies K, L and M of the Seventh Cavalry, under authority of the War Depart- 
ment. Its infantry organization was under command of John Pattee, of Iowa 
City. Company A was from Black Hawk, Johnson and other counties ; Com- 
pany B, from Johnson County ; and Company C, from Des Moines and various 
counties. 

THE FORTY-FOURTH INFANTRY (100 DAYS) 

was organized at Davenport, and mustered in June 1, 1864. Company A was 
from Dubuque County; Company B, Muscatine County; Company C, Jones, 
Linn and Dubuque Counties ; Company D, Johnson and Linn Counties ; Com- 
pany E, Bremer and Butler Counties ; Company F, Clinton and Jackson 
Counties ; Company G, Marshall and Hardin Counties ; Company H, Boone 
and Polk Counties ; Companies I and K, S.cott County. The Forty-fourth 
did garrison duty at Memphis and La Grange, Tenn. Mustered out at Daven- 
port, September 15, 1864. 



HISTORY OF THE STATE OF IOWA. 119 

THE FORTY-FIFTH INFANTRY (100 DAYS) 

was mustered in at Keokuk, May 25, 1864, with A. H. Bereman, of Mount 
Pleasant, as Colonel ; S. A. Moore, of Bloomfield, as Lieutenant Colonel, and 
J. B. Hope, of Washington, as Major. The companies were from the following 
counties : A, Henry ; B, Washington ; C, Lee ; D, Davis ; E, Henry and 
Lee ; F, Des Moines ; G, Des Moines and Henry ; H, Henry ; I, Jefferson, 
and K, Van Buren. Was mustered out at Keokuk, September 16, 1864. 

• 

THE FORTY-SIXTH INFANTRY (100 DAYS) 

was organized with D. B. Henderson, of Clermont, as Colonel ; L. D. Durbin, 
of Tipton, as Lieutenant Colonel, and G. L. Tarbet, as Major, and was mus- 
tered in at Dubuque, June 10, 1864. Company A was from Dubuque; Com- 
pany B, from Poweshiek ; C, from Dallas and Guthrie ; D, from Taylor and 
Fayette; E, from Ringgold and Linn ; F, from Winneshiek and Delaware ; G, 
from Appanoose and Delaware ; H, from Wayne ; I, from Cedar, and K, from 
Lucas. Was mustered out at Davenport, September 23, 1864. 

THE FORTY-SEVENTH INFANTRY (100 DAYS) 

was mustered into United States service at Davenport, June 4, 1864, with 
James P. Sanford, of Oskaloosa, as Colonel; John Williams, of Iowa City, as 
Lieutenant Colonel, and G. J. Wright, of Des Moines, as Major. Company 
A was from Marion and Clayton Counties; Company B, from Appanoose 
County ; Company C, from Wapello and Benton Counties ; Company B, from 
Buchanan and Linn Counties; Company E, from Madison County; Company 
F, from Polk County; Company G, from Johnson County; Company H, from 
Keokuk County; Company I, from Mahaska County, and Company K, from 
Wapello. 

THE FORTY-EIGHTH INFANTRY BATTALION — (100 DAYS) 

was organized at Davenport, and mustered in July 13, 1864, with 0. H. P. 
Scott, of Farmington, as Lieutenant Colonel. Company A was from Warren 
County; Company B, from Jasper County; Company C, from Decatur County, 
and Company D, from Des Moines and Lee Counties, and Avas mustered out at 
Rock Island Barracks Oct. 21, 1864. 

CAVALRY. 

THE FIRST CAVALRY 

was organized at Burlington, and mustered into the United States service May 
3, 1861, with Fitz Henry Warren, of Burlington, as Colonel ; Chas. E. Moss, 
of Keokuk, as Lieutenant Colonel ; and E. AV. Chamberlain, of Burlington, 
James 0. Gower, of Iowa City, and W. M. G. Torrence, of Keokuk, as Majors. 
Company A was from Lee, Van Buren and Wapello Counties ; Company B, 
from Clinton County ; Company C, from Des Moines and Lee Counties ; Com- 
pany D, from Madison and Warren Counties; Company E, from Henry 
County ; Company F, from Johnson and Linn Counties ; Company G, from 
Dubuque and Blac'k Hawk Counties ; Company H, from Lucas and Morrison 
Counties ; Company I, from Wapello and Des Moines Counties ; Company K, 
from Allamakee and Clayton Counties ; Company L, from Dubuque and other 



120 



HISTORY OF THE STATE OF IOWA. 



counties; Company M, from Clinton County. It ^yas engaged at Pleasant 
Hill, Mo.; Rolla, New Lexington, Elkins' Ford, Little Rock, Bayou Metoe, 
Warrensburg, Big Creek Bluffs, Antwineville, Clear Creek, etc. Was mustered 
out at Austin, Texas, February 15, 1866. 

THE SECOND CAVALRY 

was organized with W. L. Elliott, of the regular army, as Colonel ; Edward 
Hatch, of Muscatine, as Lieutenant Colonel ; and N. P. Hepburn, of Marshall- 
town, D. E. Coon, of Mason City, and H. W. Love, of Iowa City, as Majors, 
and was mustered into the L^nited States service at Davenport September 1, 
1861. Comi)any A was from Muscatine County ; Company B, from Marshall 
County ; Company C, from Scott County ; Company D, from Polk County ; 
Company E, from Scott County ; Company F, from Hamilton and Franklin 
Counties ; Company G, from Muscatine County ; Company H, from Johnson 
County ; Company I, from Cerro Gordo, Delaware and other counties ; Com- 
pany K, from Des Moines County ; Company L, from Jackson County, and 
Company M, from Jackson County. ^ The Second Cavalry participated in the 
following military movements : Siege of Corinth, battles of Farmington, Boone- 
ville, Bienzi, luka, Corinth, Coffeeville, Palo Alto, Birmingham, Jackson, 
Grenada, Collierville, Moscow, Pontotoc, Tupelo, Old Town, Oxford, and en- 
gagements against Hood's march on Nashville, battle of Nashville, etc. Was 
mustered out at Selma, Ala., September 19, 1865. 

THE THIRD CAVALRY 

was organized and mustered into the United States service at Keokuk, in Au- 
gust and September, 1861, with Cyrus Bussey, of Bloomfield, as Colonel; H. 
H. Bussey, of Bloomfield, as Lieutenant Colonel, and C. H. Perry, H. C. Cald- 
well and W. C. Drake, of Corydon, as Majors. Companies A and E were from 
Davis County ; Company B, from Van Buren and Lee Counties ; Company C, 
from Lee and Keokuk Counties; Company D, from Davis and Van Buren 
Counties ; Company F, from Jefferson County ; Company G, from Van Buren 
County ; Company H, from Van Buren and Jefferson Counties ; Company I, 
from Appanoose County ; Company K, from Wapello and Marion Counties ; 
Company L, from Decatur County, and Company M, from Appanoose and De- 
catur Counties. It was engaged in the following battles and skirmishes: 
Pea Ridge, La Grange, Sycamore, near Little Rock, Columbus, Pope's Farm, 
Big Blue, Ripley, Coldwater, Osage, Tallahatchie, Moore's Mill, near Monte- 
vallo, near Independence, Pine Bluff, Botts' Farm, Gun Town, AVhite's Station, 
Tupelo, Village Creek. Was mustered out of United States service at Atlanta, 
Ga., August 9, 1865. 

THE FOURTH CAVALRY 

was organized with Asbury B. Porter, of Mount Pleasant, as Colonel ; Thomas 
Drummond, of Vinton, as Lieutenant Colonel ; S. D. Swan, of Mount Pleas- 
ant, J. E. Jewett, of Des Moines, and G. A. Stone, of Mo^nt Pleasant, as 
Majors, and mustered into United States service at Mount Pleasant November 
21, 1861. Company A was from Delaware County ; Company C, from Jef- 
ferson and Henry Counties ; Company D, from Henry County ; Company E, 



HISTORY OF THE STATE OF IOWA. 121 

from Jasper and Poweshiek Counties ; Company F, from Wapello County ; 
Company Gr, from Lee and Henry Counties ; Company 11, from Cliiekasaw 
County ; Company I, from Madison County ; Company K, from Henry 
County; Company L, from Des Moines and other counties; and Company M, 
from Jefferson County. The Fourth Cavalry lost men in the following engage- 
ments : Guntown, Miss.; Helena, Ark.; near Bear Creek, Miss.; near Mem- 
phis, Tenn.; Town Creek, Miss.; Columbus, Ga.; Mechanicsburg, Miss.; Little 
Blue River, Ark.; Brownsville, Miss.; Ripley,' Miss.; Black River Bridge, 
Miss.; Grenada, Miss.; Little Red River, Ark.; Tupelo, Miss.; Yazoo River, 
Miss.; White River, Ark.; Osage, Kan.; Lick Creek, Ark.; Okalona, Miss.; 
St. Francis River, Ark. Was mustered out at Atlanta, Ga., August 10, 1865. 

THE FIFTH CAVALRY 

was organized at Omaha with Wm. W^. Lowe, of the regular army, as Colo- 
nel ; M. T. Patrick, of Omaha, as Lieutenant Colonel ; and C. S. Bernstein, 
of Dubuque, as Major, and mustered in September 21, 18(31. Companies A, 
B, C and D were mostly from Nebraska ; Company E, from Dubuque County ; 
Company F, from Des Moines, Dubuque and Lee Counties ; Company G, from 
Minnesota; Company H, from Jackson and other counties ; Companies I and 
K were from Minnesota; Company L, from Minnesota and Missouri; Com- 
pany M, from Missouri ; Companies G, I and K were transferred to Minnesota 
Volunteers Feb. 25, 1864. The new Company G was organized from veterans 
and recruits and Companies C, E, F and I of Fifth Iowa Infantry, and trans- 
ferred to Fifth Cavalry August 8, 1864. The second Company 1 was organ- 
ized from veterans and recruits and Companies A, B, D, G, H and K of the 
Fifth Iowa Infantry, and transferred to Fifth Iowa Cavalry August 18, 1864. 
Was engaged at second battle of Fort Donelson, Wartrace, Duck River Bridge, 
Sugar Creek, Newnan, Camp Creek, Cumberland Works, Tenn.; Jonesboro, 
Ebenezer Church, Lockbridge's Mills, Pulaski, Cheraw, and mustered out at 
Nashville, Tenn., August 11, 1865. 

THE SIXTH CAVALRY. 

was organized with D. S. Wilson, of Dubuque, as Colonel ; S. M. Pollock, of 
Dubuque, as Lieutenant Colonel ; T. H. Shephard, of Iowa City, E. P. Ten- 
Broeck, of Clinton, and A. E. House, of Delhi, as Majors, and was mustered 
in at Davenport, January 31, 1863. Company A was from Scott and other 
counties; Company B, from Dubuque and other counties; Company C, from 
Fayette County; Company D, from Winneshiek County; Company E, from 
Southwest counties of the State; Company F, from Allamakee and other 
counties ; Company G, from Delaware and Buchanan Counties ; Company H, 
from Linn County; Company I, from Johnson and other counties; Cpmpany 
K, from Linn County; Company L, from Clayton County; Company M, from 
Johnson and Dubuque Counties. The Sixth Cavalry operated on tlie frontier 
against the Indians. Was mustered out at Sioux City, October 17, 1865. 

THE SEVENTH CAVALRY 

was organized at Davenport, and mustered into the United States service April 
27, 1863, with S. W. Summers, of Ottumwa, as Colonel ; John Pattee, of Iowa 
City, as Lieutenant Colonel; H. H. Heath and G. M. O'Brien, of Dubuque, 



122 HISTORY OF THE STATE OF IOWA. 

and John S. Wood, of Ottumwa, as Majors. Companies A, B, and D, were 
from Wapello and other counties in immediate vicinity; Companies E, F, G 
and H, were from all parts of the State; Company 1, from Sioux City and 
known as Sioux City Cavalry; Company K was originally Company A of the 
Fourteenth Infantry and afterward Company A of the Torty-first Infantry, was 
from Johnson and other jounties ; Company L was originally Company B, of 

the Forty-first Infantry and afterward Company B, of the Forty , and 

was from Johnson County; Company M was originally Company C, of the 
Fourteenth Infantry, and afterward Company C, of the Forty-first and from Des 
Moines and other counties. The Seventh Cavalry operated against the Indi- 
ans. Excepting the Lieutenant Colonel and Companies K, L and M, the regi- 
ment was mustered out at Leavenworth, Kansas, ^lay 17, 18GG. Companies 
K, L, and M were mustered out at Sioux City, June 22, 1866. 



THE EIGHTH CAVALRY 

was organized with J. B. Dorr, of Dubuque, as Colonel ; H. G. Barner, of 
Sidney, as Lieutenant Colonel ; John J. Bowen, of Hopkinion, J. D. Thom{)son, 
of Eldora, and A. J. Price, of Guttenburg, as Majors, and were mustered in at 
Davenport September 30, 1863. Tne companies were mostly from the follow- 
ing counties: Company A, Page ; B, Wapello; C, Van Buren ; D, Ring- 
gold; E, Henry; F, Appanoose; G, Chiyton ; H, Appanoose; I, Marshall; 
K, Muscatine; L, Wapello; M, Polk. The Eighth did a large amount of duty 
guarding Sherman's communications, in which it had many small engagements. 
It was in the battles of Lost Mountain, Lovejoy's Station, Ncwnan, Nashville, 
etc. Was on Stoneman's cavalry raid around Atlanta, and Wilson's raid 
through Alabama. Was mustered out at Macon, Ga., August 13, 1865. 



THE NINTH CAVALRY 

was mustered in at Davenport, November 30, 1863, with M. M. Trumbull, of 
Cedar Falls, as Colonel ; J. P. Knight, of Mitchell, as Lieutenant Colonel ; E. 
T. Ensign, of Des Moines, Willis Drumraond, of McGregor, and William Had- 
dock, of Waterloo, as Majors. Company A was from Muscatine County ; 
Company B, Linn County ; Company C, Wapello and Decatur Counties ; Com- 
pany D, Washington County ; Company E, Fayette County ; Company F, 
Clayton County ; Companies G and 11, v.irious counties ; Company I, Wapello 
and Jefferson Counties; Company K, Keokuk County; Company L, Jasper 
and Marion Counties ; Company M, Wapello and Lee Counties. Was mustered 
out at Little Rock, Ark., February 28, 1866. 



ARTILLERY. 

THE FIRST BATTERY OF LIGHT ARTILLERY 

was enrolled in the counties of Wapello, Des Moines, Dubuque, Jefferson, 
Black Hawk, etc., and was mustered in at Burlington, Aug. 17, 1861, with C. H. 
Fletcher, of Burlington, as Captain. Was engaged at Pea Ridge, Port Gibson, 
in Atlanta canipaign, Chickasaw Bayou, Lookout Mountain, etc. Was mus- 
tered out at Davenport July 5, 1865. 



HISTORY OF THE STATE OF IOWA. 123 



THE SECOND BATTERY OF LIGHT ARTILLERY 

was enrolled in the counties of Dallas, Polk, Harrison, Fremont and Pottawat- 
tamie, and mustered into United States service at Council Bluffs and St. Ijouis, 
Mo , Aug. 8 and 31, 18G1, Avith Nelson T. Spear, of Council Bluffs, as 
Captain. Was engaged at Farmington, Corinth, etc. Was mustered out at 
Davenport, Aug. 7, 1865. 

THE THIRD BATTERY OF LIGHT ARTILLERY 

was enrolled in the counties of Dubuque, Black Hawk, Butler and Floyd, and 
mustered into United States service at Dubuque, September, 1861, with M. 
M. Hayden, of Dubuque, as Captain. Was at battle of Pea Ridge, etc., etc. 
Was mustered out at Davenport, Oct. 23, 1865. 

THE FOURTH BATTERY OF LIGHT ARTILLERY 

was enrolled in Mahaska, Henry, Mills and Fremont Counties, and was mus- 
tered in at Davenport, Nov. 23, 1863, with P. H. Goode, of Glenwood, Cap- 
tain. Was mustered out at Davenport, July 14, 1865. 



MISCELLANEOUS. 

THE FOURTH BATTALION 

Company A, from Fremont County, W. Hoyt, Captain; Company B, from 
Taylor County, John Flick, Captain; Company C, from Page County, J. 
Whitcomb, Captain. 

THE NORTHERN BORDER BRIGADE 

was organized by the State of Iowa to protect the Northwestern frontier, 
James A. Sawyer, of Sioux City, was elected Colonel. It had Companies A, 
B, C, D and E, all enlisted from the Northwestern counties. 

THE SOUTHERN BORDER BRIGADE 

was organized by the State for the purpose of protecting the Southern border 
of the State, and was organized in counties on the border of Missouri. Com- 
pany A, First Battalion, was from Lee County, Win. Sole, Captain; Company B, 
First Battalion, Joseph Dickey, Captain, from Van Buren County; Company 
A, Second Battalion, from Davis County, Capt. H. B. Horn; Company B, Sec- 
ond Battalion, from Appanoose County, E. B. Skinner, Captain ; Company A, 
Third Battalion, from Decatur County, J. II. Simmons, Captain; Company B, 
Third Battalion, from Wayne County, E. F. Estel, Captain; Company C, 
Third Battalion, from Ringgold County, N. Miller, Captain. 

THE FIRST INFANTRY AFRICAN DESCENT — (SIXTIETH U. S.) 

was organized with John G. Hudson, Captain Company B, Thirty-third Mis- 
souri, as Colonel; M. F. Collins, of Keokuk, as Lieutenant Colonel, and J. L. 
Murphy, of Keokuk, as Major. Had ten companies, and were mustered in at 
various places in the Fall of 1863. The men were from all parts of the State 
and some from Missouri. 



124 HISTORY OF THE STATE OF IOWA. 

During the war, the following promotions were made by the United States 
Oovernment from Iowa regiments:* 

MAJOR GENERALS 

Samuel K. Curtis, Brigadier General, from March 21, 1862. 
Frederick Steele, Brigadier (General, from November 29, 1862. 
Frank J. Ilerron, Brigadier General, f roua ISTovember 29, 1862. 
Grenville M. Dodge, Brigadier General, from June 7, 1864. 

BRIGADIER GENERALS. 

Samuel K.. Curtis, Colonel 2d Infantry, from May 17, 1861. 

Frederick Steele. Colonel 8th luiautry, from February 6, 1863. 

Jacob G. J^auman, Colonel 7th Infantry, from March 21, 1862. 

Grenville M. Dodge, Colonel 4th Infantry, from March 31, 1862. 

James M. Tuttle, Colonel 2d Infantry, from June 9, 1862. 

Washington L. Elliott, Colonel 2d Cavalry, from June 11, 1862. 

Fitz Henry Warren, Colonel 1st Cavalry , from July 6, 1862. 

Frank J. Ilerron, Lieutenant Colonel 9th Infantry, from July 30, 1862. 

Charles L. Matthies, Colonel 5th Infantry, from ^November 29, 1862. 

William Vandever, Colonel 9th Infantry, from November 29, 1862. 

Marcellus M. Crocker, Colonel 13th Infantry, from Xov. 29, 1862. (Since died.) 

Hugh T. Held, Colonel 15th Infantry fnan March 13, 1863. 

Samuel A. Rice, Colonel 33d Infantry, from August 4, 1863. 

John M. Corse, Colonel 6th Infantry, from August 11, 1863. 

Cyrus Bussey, Colonel 3d Cavalry, from January 5, 1864. 

Edward Hatch, Colonel 2d Cavalry, from April 27, 1864. 

Elliott W. Rice, Colonel 7th Infantry, from June 20, 1864. 

Wm. W. Belknap, Colonel 15th Infantry, from July 30, 1864. 

John Edwards, Colonel 18th Infantry, from September 26, 1864. 

James A. Williamson, Colonel 4th Infantry, from January 13, 1864. 

James I. Gilbert, Colonel 27th Infantry, from February 9, 1865. 

BREVET MAJOR GENERALS. 

John M. Corse, Brigadier General from October 5, 1864. 
Edward Hatch, Brigadier General, from December ll. 1864. 
Wm. AV. Belknap, Brigadier General, from March 13, 1865. 
W. L. Elliott, Brigadier General, frona March 13, 1865. 
Wm. Vandever, Brigadier General, from June 7, 1865. 

BREVET BRIGADIER GENERALS. 

Wm. T. Clark, A. A. G., late of 13th Infantry, from July 22, 1864. 

Edward F. Winslow, Colonel 4th Cavalry, from December 12, 1864. 

S. G. Hill, Colonel 35th Infantry, from December 15, 1864. (Since died.) 

Thos. H. Benton, Ci)lonel 29th Infantry, from December 15, 1864. 

Samuel L. Glasgow, Colonel 23d Infantry, from December 19, 1864. 

Clark R. Wever, Colonel 17th Infantry, from February 9, 1865. 

Francis M. Drake, Lieutenant Colonel 36th Infantry, from February 22, 1865. 

Geoi-ge A. Stone, Colonel 25th Infantry, from March 13, 1865. 

Datus E. Coon, Colonel 2d Cavalry, from March 8, 1865. 

George W. Clark, Colonel 34th Infantry, from March 13, 1865. 

Herman H. Heath, Colonel 7th Cavalry, from March 13, 1865. 

J. M. Hedrick, Colonel 15th Infantry, from March 13, 1865. 

W. W. Lowe, Colonel 5th Cavalry, from March 13, 1865. 

*Thomas J. McKean was appointed Paymaster in U. S. A. from Iowa, and subsequently promoted Brigadier General, 

to date from Nov. 21, 1861. 



HISTORY OF THE STATE OF IOWA. 



125 



NUMBER OF TROOPS FURNISHED BY THE STATE OF IOWA 

DURING THE WAR OF THE REBELLION, 

TO JANUARY 1, 1865. 



No. Regiment. 



1st 
2d 
3d 
4th 
5th 
6th 
7th 
8th 
9th 
10th 

nth 

12th 

13th 

14th 

15th 

16th 

17th 

18th 

19th 

'20th 

21st 

2-2d 

23d 

24th 

25th 

26th 

27th 

28th 

29th 

30th 

31st 

32d 

33d 

34th 

35th 

3r,th 

37th 

o8th 



Iowa Infantry. 



No. of! 
men 



959 

1,247 

1,074 

1,184 

1,037 

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 (lOO-days men). 
45th " " '' 

46th " " " , 

l47th " " 

48th Battalion '= " , 

1st Iowa Cavalry 

2d " " 



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 j 

Band of 2d Iowa Infantry 

Enlistments as far .as reported to Jan. 1, 

1864, for the older Iowa regiments 

Enlistments of lo'.va men in regiments 

of other States, over 



No. of 
men. 

y;;3 

900 

294 

867 

912 

802- 

884 

346 

1,478 

1,394 

1.360 

1,227 

1,245 

1.125 

562 

I 1,234 

1,178 

93 

87 

149 

123 

142 

152 

903 

14 

10 

2,765 

2,500 



Total 

Re-enlisted Veterans for tliflterent Regi- 
ments 

Additional enlistments 



Grand total as far as reported up to Jan. 
1, 1865 



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 dui'ing 1864, in regiments of other States. 
* Afterward consolidated with Seventh Cavalry. 
I Only a portion of this regiment was credited to the State. 



126 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, insure domestic tranquillity, provide for the common 
defense, promote the general welfare, 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 
Mouse 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 theii 
respective numbers, which shall be determined by adding to the whole 
number of free persons, 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, the}'^ 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. 127 

tion of the second year, of the second class at the expiration of the fourth 
yeai% 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 perspn 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. 

The Vice-President of the United States shall be President of the 
Senate, but shall have no vote unless they be equally divided. 

The Senate shall choose their other officers, and also a President pro 
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 than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sec. 6. The 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 all cases, except treason. 



128 



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 other 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 b}'- yeas and nays, 
and tlie names of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted), after it shall have 
been presente'd 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 thte standard of weights 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. 129 

To promote the progress of sciences and useful arts, by securing, 
for !'mitecl 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 offenses 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 authority 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 
intc 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 m*ay 
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 Treasury, 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. 

9 



130 CONSTITUTION OF THE UNITED STATES 

No title of nobility shall be granted by the United States: and no 
person holding any ofSce 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 wiU 
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 
l)allot 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.amendment. 



AND ITS AMENDMENTS. 131 

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 they 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 elifrible 
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-Pyesident, and the Congress 
may by law provide for the case of removal, death, resignation, or iiiabil- 
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, exoept 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; and 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 



132 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 maj 
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 ofiQcers 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 bj) 
jury ; and such trial shall be held in the state where the said crimes shali 
have been committed ; but when not committed within any 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. And 



AND ITS AMENDMENTS. 133 

the Congress may, by general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and the 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 flee 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 the 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- 



134 



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. 

Akticle 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 froin Virginia. 



New Hampshire. 
John Langdon, 
Nicholas Oilman. 

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 M' Henry, 
Danl. Carroll, 
Dan. of St. Tkos. Jenifer. 



New York. 
Alexander Hamilton. 

New Jersey. 
Wil. Livingston, 
Wm. Paterson, 
David Brearley, 
JoNA. Dayton. 



Virginia. 
John Blair, 
James Madison, Jr. 

North Carolina. 
Wm. Blount, 
Hu. Williamson, 
Rich"d Dobbs Spaight. 



Pennsylvania. 
B. Franklin, 
RoBT. Morris, 
Thos. Fitzsevions, 
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. I35 



Articles in Addition to and Amendatory of the Constitution 
OF the United States of Ameuica. 

Proposed hy Congress and ratified by 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 of 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 fiact 



136 CONSTITUTION OF THE UNITED STATES 

tried by a jury shall be otherwise re-examined in any court of the United 
States than according to the 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 XL 

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 raajorit}^, 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 daj^ 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- 



AND ITS AJMENDMENTS. 137 

ity-; then from the two highest numbers on the list, the Senate shcill 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. 

Article 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 rebelhon 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. 



138 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 bj any State, on account of 
race, color, or previous condition of servitude. 



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 by 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 widow, 
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 relinquishment of her 
right, shall be set apart as her property, in fee simple, if she survive him. 



ABSTRACT OF IOWA STATE LAWS. 139 

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 w^ife 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 chikl, 
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. 



140 ABSTRACT OF IOWA STATE LAWS. 

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. AH other debts. 

8. Legacies. 

The awards or property which must be set apart to the widoiv, in her own 
rights by the executor, includes all personal property which, in the hands of th<a 
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 farm 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 family ; 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 



ABSTRACT OF IOWA STATE LAWS. 141 

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 enti-y, 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 not been delinquent for thi^iy 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 iRhabitant of full ago 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, gmirdian, 
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 bo 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 Avould be listed and 
assessed for taxation. Collection of taxes made as in tlic 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 Eqalizatioa (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 joewa%, with ten per cent, interest per 
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. 



342 ABSTRACT OF IOWA STATE LAWS 

JURISDICTION OF COURTS 

DISTRICT COURTS 

have jurisdiction, general and original, both civil and criminal, except in such 
oases where Circuit Courts have exclusive jurisdiction. District Courts have 
exclusive supervision over courts of Justices of the Peace and Magistrates, in 
criminal matters, on appeal and writs 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 ^'100 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, practicmg attorneys, physicians and clergymen, 
acting professors or teachers in institutions of learning, and persons disabled by 



AiiSTRACT OF IOWA STATE LAWS. 143 

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, there 
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. 



144 ABSTRACT OF IOWA STATE LAWS. 

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 impi'ovements, 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 laAvful 
enclosure of a householder, who alone can take up such animal, unless some 
other person gives him notice of the fact of such animal coming 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 ones 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 where such estray was taken 
up, and that the marks or brands have not been altered, to his knoAvledge. 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, within 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, 6r 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 foifeit 
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 comnlete title 
vests in the finder. 



ABSTRACT OF IOWA STATE LAWS. 145 

But if the owner appear within eighteen mofiths from the taking up, prove 
his ownership and pay all costs and expenses, the finder shall pay liim 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 sftit 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 case 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 jjostmg 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, within 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 lawful 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 
fenoes 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- 
10 



146 ABSTRACT OF IOWA STATE LAWS. 

ficient, notify the delinquent party, in writing, 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 nave 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 lasf of 
the labor was 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 him, after 
allowing all credits, setting forth the time when such material was furnished or 
labor performed, and when completed, and containing a correct description of 



ABSTRACT OF IOWA STATE LAWS. 147 

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 for 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- 
ino; 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 writing 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. 



148 ABSTRACT OF IOWA STATE LAWS. 



ADOPTION OF CHILDREN. 

* Any person competent to make a Avill 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 is 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. 

The 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. 



ABSTRACT OF IOWA STATE LAWS. 149 

Appeal may be taken from such judgment as from other judgments of the 
Circuit Court. 

When any person, having any estate, abandons either chihh-en, wife or hus- 
band, leaving them chargeable, or likely to become chargeable, ujjon the public for 
support, upon proof of above f\ict, an order may be had from tlie Clerk of the 
Circuit Court, or Judge, authorizing the 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 tlie 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 forms, 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 fiills 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 



150 



ABSTRACT OF IOWA STATE LAWS. 



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 

Clierries, Grapes, Currants or Gooseberries, 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 bO 

Beans 60 

Clover Seed 60 

Onions 67 

Shelled Corn 56 

Rye 56 

Flax Seed 56 

Sweet Potatoes 46 



Sand 130 

Sorghum Seed 30 

Broom Corn Seed 30 

Buckwheat 62 

Salt 50 

Barley 48 

Corn Meal 48 

Castor Beans 46 

Timothy Seed 45 

Hemp Seed 44 

Dried Peaches 38 

Oats 38 

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. 

<£ mesbus pounds, English money. 

@ stands for at or to; ft) for pounds, and bbl. for barrels ; "^ for per or hy 
the. Thus, Butter sells at 20@30c ^ ft), and Flour at ^8(^$12 f bbl. 
% for per cent., and jf for number. 

May 1. Wlieat 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. 



ABSTRACT OF IOWA STATE LAWS. 151 



NOTES. 

Form of note is legal, worded in the simplest way, so that the amount and 
'SjiiC 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 fticts 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. SlLVA. 

RECEIPTS. 

Receipts should always state when received and what for, thus : 

$100. 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. N. 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 



152 ABSTRACT OF IOWA STATE LAWSL 

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 within 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 are 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 writing, 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. 



ABSTRACT OF IOWA STATE LAWS. 153 

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 clellk 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 v/hich 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 dues 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 
takf. actual possession of the property, or the bill of sale 7nust be acknowledged 
and recorded. 

COMMON FORM OF BILL OF SALE. 

Xnow 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 
convev unto the said Floyd, party of the second part, his executors, administra- 
tors and assigns, my undivided half of ten acres of corn, now growmg 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 part, his 
executors and assigns forever. And I do, for myself and legal representatives, 
a^ree 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. , , • i j f 

In witne'^s whereof, I have hereunto afiixed my hand, this tenth day ot 

October, one thousand eight hundred and seventy-six. 

' ° Louis Clay. 



154 ABSTRACT OF IOWA STATE LAWS. 

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, Avith 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 ray 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 said 
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 



ABSTRACT OF IOWA STATE LAWS. 155 

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 Avill 
and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney 
H. Mansfield, i 

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 Mans- 
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, . 

ss 



County, J ' 

, 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 , 



156 ABSTRACT OF IOWA STATE LAWS. 

A. D. 18 — , at o'clock . M. ; and recorded in Book of Mortgage 

Records, on page , is redeemed, paid oflf, satisfied and discharged in full. 

. [seal.] 

State of Iowa, \ 

County, j 

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 who 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 Avarrant 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 sura 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 mortgage, 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 party 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 ye granted and sold, and do by these presents, grant, bargain, 
sell, convey and confirm, unto the said party of the second part^ heirs and 



ABSTRACT OF IOWA STATE LAWS. 157 

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 convoy 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 

8eco7id. 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 of ten 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 Sherifi" 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. 18T-, 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 



158 ABSTRACT OF IOWA STATE LAWS. 

part has this day leased unto the party of the second part the following described 

premises, to wit : 

[^Here insert description.'] 

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 tlien 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 the 

second part, or persons fimily, 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 relinquisli 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., frorn 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, .:uit 

and surrender the possession and occupancy of said premises in as good condi- 
tion as reasonable use, natural wear and decay thereof wili permit, '^lamages 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. 



ABSTRACT OF IOWA STATE LAWS. 159 



CHATTEL 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 personal property, now in the possession of in the 

county and State of , to wit : 

[^Ilere 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 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. 

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 

S'tate 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 : 

[^ffere insert descriptiori."] 

And I do hereby covenant with 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. j 



160 ABSTRACT OF IOWA STATE LAWS. 



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 quit-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 f , 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 obligor 
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- 
lows, 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 terminated by the obligor 
as above stipulated. 



[Acknowledge as in form No. 1.] 



ABSTRACT OF IOWA STATE LAWS. 161 



CHARITABLE, SCIENTIFIC AND RELIGIOUS ASSOCIATIONS. 

Any three or more persons of full age, citizens of the United States, 
a majority of whom shall be citizens of this State, who desire to associate 
themselves for benevolent, chai'itable, 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 affairs, 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 ap'point 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, 



162 ABSTRACT OF IOWA STATE LAWS. 

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 the extent of such one-fourth. 

Any corporation in this State of an academical character, the memberships 
of which 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- 
inos; and the elections so held and business so transacted shall be as lestal 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. 

Tlie 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. 



History of Johnson County. 



CHAPTER I.— PART 1. 



COUNTY AND COUNTY SEAT. 

The County's Name — Sketch of Col. "Rumpsy-Dumpsy" Johnson — S. 0. Trowbridge the 
First County Otflcer — Rival County Seats — Act to Organize — First County Board 
Meeting — Removal of County Seat, Etc., Etc. 

NAME. 

There are in the United States twelve counties named Johnson, one 
being in each of the following States: Arkansas, Georgia, Illinois, 
Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, Tennessee, Texas, 
and Wyoming. In all these instances the name is supposed to have been 
given in honor of the same man. Johnston County of North Carolina is 
spelled with a "t" and was named after somebody else; hence it is not 
counted in this list. During that memorable period in American politics 
when party zeal and enthusiasm centered most intensely around Generals 
Jackson and Harrison, as representatives of the two great parties then 
called Whig and Democrat, there was a popular political song which had 
for its chorus these words — 

"Sing and shout, O rumpsy-dumpsy, 
Colonel Johnson killed Tecumseh!" 

Well, it was this Rumpsy-dumpsy-killed-Tecumseh Col. Johnson, after 
whom and in whose honor Johnson County, Iowa, received its name. 
And it is fitting that the readers of this volume who are old enough to 
remember Colonel Johnson as a political celebrity should have a record of 
his pubHc life and services; and it is likewise befitting that the younger 
readers should see his record, and judge for themselves whether he was 
probably worthy of the honor of having this fine and noble county of ours 
for a perpetual monument to his memory. Then, again, there may be 
unnamed babies and unborn babies whose birth place will be Johnson 
County, and whose parents may wish to name them "Johnson Smith," or 
"Johnson Jonts," if this particular name of Johnson is found to have good 
and honorable historic associations. Hence we present here a condensed 
sketch of the life and public services of the man for whom our good 
county was named: 

RICHARD MENTOR JOHNSON 

was born in Kentucky, October 17, 1770; was educated at Transylvania 
University; studied law, and was admitted to the bar. In 1803 he was 
11 



166 HISTORY OF JOHNSON COUNTY. 

elected to the legislature, and was a member of Congress from 1807 to 
1819. In 1812, after the declaration of war by Great Britain, he raised a 
regiment of Kentucky mounted riflemen, which he commanded on the 
Canadian frontier during the fall of that year. After the adjournment of 
Congress, March, 1813, he raised another mounted regiment of volunteers, 
with which he guarded the Indian frontier during the summer months, and 
joined Gen. Harrison in time to render brilliant service in the battle of the 
Thames on October 5. It was by his hand the celebrated Indian warrior, 
Tecumseh, is reported to have fallen. In this engagement Col. Johnson 
was desperately wounded. He was, however, able to resume his seat in 
Congress in February ensuing. In 1819, he was elected to the United 
States Senate, and remained a member of that body until 1829. After 
this, he was again a member of the House, from 1829 to 1837. In 1836 
he was run for the Vice-Presidency of the United States in most of the 
States, on the same ticket which supported Mr. Van Buren for the Presi- 
dency. He received 147 of the electoral votes, but this was a few votes 
short of a majority of the whole, though largely above the number received 
by any other one of the candidates voted for. In this state of things the 
choice of Vice-President devolved on the Senate, under the constitution of 
the United States. In the discharge of this duty, the Senate, in March, 
1837, made choice of Col. Johnson for the office of Vice-President for the 
four years ensuing. In March, 1841, he returned to his home in Ken- 
tucky, after having devoted thirty years of his life continuously to the 
public service. Perfect retirement, however, was not allowed him. He 
was again returned a member to the State legislature, and while holding 
this position died, at Frankfort, Ky., Nov. 19, 1850, at the advanced age 
of a little over eighty years. He was distinguished throughout his life for 
kindliness of heart and urbanity of manners. He was the author of the 
law abolishing imprisonment for debt in Kentucky. 

This sketch of " Dick Johnson," as he was familiarly called, was written 
by Hon. Alexander H. Stevens, of Georgia, for the great American work 
known as "Johnson's Cyclopaedia," and the reader ia now posted on the 
origin of our county's name and the reason for it. 

The county of Johnson was carved out of territor}?^ formerly included 
in Dubuque county, by the territorial legislature of Wisconsin, in an act 
approved December 21, 1837. This gave it a name and boundaries, but 
did not provide a civil government for it, and it was attached to Cedar 
county, whose officers were to have jurisdiction likewise in Johnson county 
until other arrangements should be made. 



HISTORY OF JOHNSON COUNTY. 167 

EVOLUTION OF JOHNSON COUNTY. 

THE INITIAL ACT. 

The winter session, 1837-38, of the territorial legislature of Wisconsin 
was held at Burlington, in that portion of the Territory of Wisconsin 
which afterwards became the State of Iowa. An act was passed, and 
approved December 21, 1837, creating the counties of Dubuque, Clayton, 
Jackson, Benton, Linn, Jones, Clinton, Johnson, Scott, Delaware, Buch- 
anan, Cedar, Fayette and Keokuk. The following is the part of the act 
which applies to Johnson count}-: 

Sec. 14. All the country lying within the following limits, to-wit: 
beginning at the southeast corner of Linn county; thence west, with the 
southern boundary of said county of Linn, to the line dividing ranges 
twelve and thirteen; thence south on said line to the line between townships 
seventy-six and seventy-seven, north; thence east, with said township line 
to the line dividing ranges four and five, west of the fifth principal merid- 
ian; thence with said range line, north, to the place of beginning; shall 
be, and the same is hereby constituted a separate county, to be called 
Johnson. 

Sec. 15. All the country lying west of the Gounty of Johnson, and be- 
tween the line dividing townships seventy-six and seventy-seven and the 
line dividing townships eight3'-one and eighty-two north, extending to the 
western boundary of the Territory, shall be, and the same is hereby con- 
stituted a separate county, to be called Keokuk [now Iowa County]. 

Sec. 16. The counties of Johnson and Keokuk [Iowa] shall, for tem- 
porary purposes, be attached to and considered in all respects a part of 
the county of Cedar. 

JOHNSON county's FIRST OFFICER. 

The following appointment by Sherifl Tallman, of Cedar county, of S. 
C. Trowbridge to assist in taking the census, was absolutely the tirst 
appointment of a public officer of any sort for Johnson county. At that 
time Keokuk county was what is now called Iowa county, but extended 
indefinitely westward to the vague place called "Sundown," or thereabouts. 
The "W. T." in all these early documents stands for Wisconsin Terri- 
tory: 

Cedar County, W. T., May 28, ]838. 

I, James W. Tallman, sherifll'of the above county, hereby appoint S. C. 
Trowbridge an assistant in taking the census required to be taken during 
the present month; and I assign to him Johnson and Keokuk [now Iowa] 
counties so far as they are south and west of Cedar river. 

James W. Taleman, Sheriff C. C, W. T. 

I, S. C. Trowbridge, do solemnly swear that I will make a just and 
perfect enumeration of all persons resident within the division assigned to 
me by the Sheriff of Cedar County, and make due return thereof to the 
said Sheriff— agreeably to an act of the Legislative Assembly, entitled 
"An act providing for the taking of the census or enumeration of the 
inhabitants of the Territory of Wisconsin," according to the best of my 
abilities. S. C. Trowbridge. 

Sworn and subscribed before me this 28th day of Mav, A. D. 1838. 

R.G.Roberts, J. P. 



16S HISTORY OF JOHNSON COUNTY. 

After these documents, the next thing in order that is matter of public 
record is in regard to county seat. 

THE FIRST COUNTY SEAT. 

In 1837-38, there were two rival county seats, on paper. One called 
Napoleon, was located on section twenty-two in Lucas township, where 
James McCollister now lives. The other was called Osceola, after the 
Seminole chief of Florida, who starved himself to death, or pined away 
in grief at being captured and held as a prisoner. His wife's name was 
Oskaloosa, and the city of that name in Mahaska county was named after 
her. The Osceola town was laid oft' finely o)i -paper, with lots given for 
churches, colleges, parks, court house, etc., bufit never had any defined 
local habitation. It was a sort of "now-you-see-it and-now-you-don't-see- 
it" affair, ready to squat wherever luck-and-chance might throw it. This 
scheme was gotten up, and the fine plat prepared at South Bend, Indiana, 
and was brought here by Judge Pleasant Harris. The rivalry of these two 
imaginary towns was a live topic among the settlers during the winter of 
1837-38 ; and the poet of the community, [not certainly known whether John 
Gilbert or Henry Felkner] broke out into classic verse on the all-absorbing 
theme. Two manuscript copies of this historic poem were made, but it 
has never before appeared in print, and we are indebted to Col. Trowbridge 
for a copy of it: 

ODE TO OSCEOLA. 

The mighty chief whose deeds so brave, 

Whose hate so deadly to each foe. 
Has late been summoned to the grave; 

The warrior's head now lies full low. 
The champion of his race has gone, 

Has ceased to act upon the stage; 
Through life a lustre round him shone 

Ne'er yet surpassed in any age. 
Superior talents he possessed. 

And virtue pure as maiden gold; 
His dauntless courage to the last 

Proved the true greatness of his soul. 

But ah, he's left the scene of life; 

His body rests beneath the sod; 
Free from every care and strife. 

His soul has winged its way to God. 
And long his memory will be dear; 

His name still sacred shall remain; 
For him a monument we'll rear 

On Iowa's tair and flowery plain. 
We'll build a city to his name — 

V/ith church and stately tower adorn; 
High as the heavens shall reach its fame, 

And in it none shall hunger, thirst or mourn. 

This was a serio-sarcasm on the lowly source of the name chosen for 
the new town, and also on the high-sounding promises made by the par- 



HISTORY OF JOHNSON COUNTY. 169 

ties who were wet-nursin(y it for the county seat. And now its rival in 
the race for county honors rises and speaks his little piece, thus: 

napoleon's reply. 

Vaiia, feeble worm! presumptuous boy! 

How vain conceit doth lift thee up! 
'Ere lontr shall trouble mar thy joy, 

For bitter sorrow thou shalt sup. 

What hast thou done whereof to boast? 

What deeds of bravery or of skill? 
Did e'er thy voice command a host, 

And with dread fear cieation fill? 

Did not all Europe bow to me. 

And tremble when I gave command? 
Can now a feeble worm like thee 

Presume my fury to withstand? 

I'll rise once more with dreadful might 

And scatter devastation round; 
I'll cast thee from thy giddy height 

And lay thee level with the ground. 

Thy boasted church and stately tower. 

And monument with all its fame, 
Shall fall before my potent power, 

Nor dare to speak thy plebian name. 

My true-l)orn sons shall till the soil 

On which thy boasted city stands. 
While peace and plenty on them smiles 

In the protection of my hands. 

With such a clear sprincr of classic genius as that, gushing forth among 
the rude cabins of Johnson county, how could the State University help 
coming here. This production was a spontaneous forecast of fate, for in 
six months after it was written the law was enacted which organized 
Johnson county, with Napoleon named as the county seat. 

Right here comes in a story of sharp practice, on which Judge Harris 
and John Gilbert "locked horns," as rival leaders in the public affairs of 
the new county. As before stated, Harris brought with him from Indiana 
besides a considerable number of relatives and neighbors, a plat for a county 
seat. Jonathan Harris was his son; Isaac N. Lesh was his son-in-law; 
William Massey was his nephew, and Mrs. Massey and Mrs. Jonathan 
Harris were sisters. Here was a strong nucleus to attract other relatives 
and old neighbors, as it soon did. The Judge was ambitious and public 
spirited, and of course desirous of making money also. In looking about 
for a suitable place to plant his county seat plat upon, the river bank just 
above Wapashasheik's Indian village was thought to be the most eligible 
site; and accordingly the Judge and his friends were ready to " stake that 
claim" the very hour that the Indian title should become extinct, which 



170 HISTORY OF JOHNSON COUNTY, 

would be on Oct. 21, 1837. The Indian boundary then existing, (prior 
to Oct. 21,) ran from near the southwest corner of Liberty township, in a 
straight line to where the Cedar river crosses the east line of Johnson 
county. The present townships of Fremont, Pleasant Valley, Lincoln 
and Scott, were all on " white-man's land " — and also most of Graham and a 
small part of Cedar, Lucas and Liberty; but all the rest of the county was 
still " Indian land/' Gilbert's trading house was just over the line on 
Indian land — a privilege which Gilbert paid for by lurnishing certain bar- 
rels of whisky to the Poweshiek braves. [See Chapter IV, Part 2, on 
"Old Trading Houses," and "First 4:th of July."] To make good their 
county-seat project the Harris party had built a claim cabin close on the 
river bank, just above Wapashashiek's village, [see the diagram in Chap- 
ter II, Part 2,] but it was hardly safe for any one to live in it before the 
lawful day, without special permit from the Indian chiefs. So the cabin 
stood there awaiting the hour when it could be lawfully occupied. Mean- 
while, those whose interests and sympathies were with John Gilbert, rather 
than Judge Harris, or with the " Napoleon " as against the " Osceola" 
county-seat project, set about to head oti'the Osceola scheme. Gilbert 
and his friends were on such friendly terms with Poweshiek and Wapash- 
ashiek that they could get almost any favor or permit they wanted; so 
they fixed it all right with the Indians, then got a man named John Mor- 
ford to move up from Bloomington, [Muscatine] and take that claim. He 
was afterwards known as " Uncle Johnny Moftbrd," and the post-office of 
Morfordville, in Pleasant Valley township, was named after him. But Mr. 
Morford had no taste for town-making or neighborhood contests, and as 
soon as he had made good and valid his right to this claim, he traded it to 
Philip Clark for his farm, further down the river — the same place that is 
still known as the Morford farm. Philip Clark had his brother-in-law 
Peter Smith, go and live in the town-site claim cabin, while the county 
seat company, consisting of Clark and Gilbert, got George Bumgard- 
ner, a surveyor from Muscatine county, to come up and stake off the 
blocks, lots, streets, etc. And this is the story of how Clark, Gilbert, 
Trowbridge, Felkner, Morford and others, outwitted Judge Harris and 
his party by jumping his town site and turning his proposed town of 
" Osceola " into their town of " Napoleon." 

Following this, Gilbert received a commission as postmaster, at Napo- 
leon; but died the next day after it came. Then a commission was pro- 
cured forjudge Harris' son, William, who was under age at the time; and 
there was a neighborhood snarl and tangle of tribulation about post-office 
matters, until S. H. McCrory was made postmaster, and took, the office 
to Iowa City. [See Post Office history in Chapter II, Part 1.] 

About June 1, 1838, the Napoleonite settlers prepared a petition to the 
legislature, which was to meet in special session at Burlington, on Mon- 
day, June 11th, and sent S. C. Trowbridge as their "lobby member" to 



HISTORY OF JOHNSON COUNTY. 171 

secure the legislation they wanted. Trowbridge went down on horse- 
back and arrived there on the 10th. It should be noted here that at the 
previous session of the legislature, Messrs. John Gilbert and Pleasant 
Harris, arid I. N. Lesh, went there to get the county organized; but Gil- 
bert wanted "Napoleon" for the county seat, while Harris was for 
"Osceola;" and being divided, they got nothing. Trowbridge was there 
at the same time, on business for Muscatine county, and so got acquainted 
with the members. After reconnoitering the situation as to men and influ- 
ence, he selected Hon. John Foley, then a member of the Council from 
Dubuque county, as the best man to serve his object; and accordingly the 
journal of the second day, June 12th, says: 

Mr. Foley presented the petition of citizens of Johnson county, asking 
to be organized as a separate county, and to establish the seat of justice 
for said county, at or in the town of Napoleon. 

Referred to a select committee consisting of the whole delegation from 
the original county of Dubuque. 

The journal of the lith says: 

Mr. Foley, from the select committee, to which was referred the peti- 
tion of citizens of Johnson county, reported bill No. 1, entitled "A bill for 
an act organizing the county of Johnson, and establishing the seat of 
justice of said county." 

Which bill was read a first time. 

The journal of June 18th again shows the progress of the bill, thus: 

On motion of Mr. Foley, bill No. 1, entitled "A bill for an act organiz- 
ing the county of Johnson, and establishing the seat of justice of said 
county," was read the second time, and ordered to be committed to the 
committee of the whole house. 

The council resolved itself into a committee of the whole, Mr. Terry in 
the chair, for consideration of said bill; and after some time the committee 
arose and reported the Scime without amendment. 

The report of the committee was concurred in, and the bill ordered to 
be engrossed for a third reading. 

On motion of Mr. Foley, 

Ordered, That the 16th and ISth rules be suspended, in order that the 
bill may be read a third time now. 

The bill was then read a third time, passed, and the title agreed to. 

Ordered, That the concurrence of the House of Representatives be 
requested therein. 

In the journal of the 20th this record appears: 

Message from the House of Representatives, by the clerk, viz: 

Mr. President: The House of Representatives have concurred in 
the following resolution and bills of this house, viz: 

A resolution on the subject of printing the laws in pamphlet form. 

No. 1, A bill for an act organizing the county of Johnson, and establish- 
ing the seat of justice of said county. 

On the 22d the said bill was presented to the President of the council 
for his signature, and on the 23d the President reported to the council that 



172 HISTORY OF JOHNSON COUNTY. 

this bill had received the Governor's approval and signature. The follow- 
ing is the bill as passed: 

AN ACT organizing the county of Johnson, and establishing the seat of 
justice of said county: 

Sec. 1. Be it enacted by the Council and House of Representatives of 
the Territory of Wisconsin, That the county of Johnson be, and the same 
is hereby organized from and after the fourth day of July [1838] next, and 
the inhabitants of said county be entitled to all the rights -and privileges to 
which by law the inhabitants of other organized counties of this territory 
are entitled to. And the said county shall continue to be a part of the ' 
second judicial district, and a district court shall be held at the town of Napo- 
leon, the seat of justice, at the court house, or such other place as may be 
provided. Two terms of the said district court shall be held annually after 
the organization of said county, to-wit: On the second Monday of August 
and December; and the several acts concerning the district courts of said 
Wisconsin Territory shall be, and they are hereby made applicable to the 
district court of Johnson county. And the county of Keokuk [the same 
that is now called Iowa county] shall be and is hereby attached to the said 
county of Johnson for judicial purposes. 

Approved June 22, 1838. 

On June 23d an executive session of the council was held to pass upon 
nominations made by the Governor, and other matters not specially of a 
legislative character. At this time the Governor nominated S. C. Trow- 
bridge to be sheriff of Johnson county, and he was confirmed by the coun- 
cil. Mr. Trowbridge had been the deputy sheriff of the county, appointed 
some time in May, by and acting under authorit}^ of James W. Tallman, 
sheriff of Cedar county, to which Johnson county had previously been 
attached for civil purposes. 

FIRST REGULAR COMMISSION. 

The first commission ever issued by any Governor to a Johnson county 
man, or for Johnson county business, was the following, which this histo- 
rian has copied from the original document itself, the same being still pre- 
served as a relic in the recipient's family: 

HENRY DODGE, Governor of the Territory of Wisconsin: 

To all unto whom these presents may come, greeting: Know ye, that 
reposing special trust and confidence in the integrity and ability of Samuel 
C Trowbridge, I have nominated, and by and with the advice and consent 
of the Legislative Council appointed him Sherift'of the county of Johnson; 
and I do hereby authorize and empower him to execute and fulfill the 
duties of that office according to law: to have and to hold the said 
office, with all the rights, privileges and emoluments thereunto belonging, for 
the term of three years from the date hereof: unless the Governor of the 
said Territory, for the time being, should think proper sooner to revoke 
and determine this commission. 



HISTORY OF JOHNSON COUNTY. 173 

In testimony whereof, I have caused these letters to 
[Seal] be made patent and the Great Seal of the Territory 

to be hereunto affixed. 
Given under my hand, at Burlington, the 22d day 
of June, in the year of our Lord one thousand eight 
hundred and thirty-eight, and of the Independence 
of the United States of America the sixty-second. 

Henry Dodge. 
By the Governor: W. B. Slaughter, Sec. Wis. Ty. 

Although this commission bears date June 22, the day when the nomi- 
nation was made and confirmed, it was not made out and forwarded until 
after the legislature had adjourned and Governor Dodge had returned to 
his home at Belmont, Wisconsin. Meanwhile Mr. Trowbridge had con- 
tinued to act as sheriff, nominally under the authority given by Judge 
Tallman, which held good until formally superseded by higher autliority. 
But when the Governor's commission came to hand he proceeded to Roches- 
ter, then county seat of Cedar county, and was duly sworn into office, as the 
following official records show: 

Cedar County, Iowa Territory, ss. 

I, Samuel C. Trowbridge, do solemnly swear that according to the 
best of my abilities and understanding, I will well and faithfully and with- 
out partiality, do and execute and perform all the duties of SheritTin and 
for the county of Johnson — doing equal right to the poor as well as the 
rich, as their several cases may require, so help me God. 

Samuel C. Trowbridge. 

Sworn and subscribed before Robert G. Robert, Clerk of the District 
Court of Cedar County, this 15th day of August, A. D. 1838. 

Rochester. Robert G. Robert. 

I, Samuel C. Trowbridge, do solemnly swear that I will support the 
constitution of the United States during my continuance in office, so help 
me God. Samuel C. Trowbridge. 

Administered by R. G. Robert, Clk. D. C. C. C. 

Rochester, August 15, 1838. 

(Clk. D. C. C. C. stands for clerk of the district court of Cedar county.) 

FIRST political SLANDER REFUTED. 

In the strifes for place and the rivalries of personal ambition and per- 
sonal interest, Mr. Trowbridge was soon accused of bad faith, or what 
politicians call "skullduggery" in obtaining the office of sheriff'; but to the 
credit of Johnson count3''s first public officer, Judge Tallman gave that 
accusation the following point-blank and emphatic rebuttal: 

Antwerp, August 25, 1840. 
Mr. Trozubridgc: — Yours of the 22d inst., advising me of your desire 
that I should write to you on the subject of your appointment as sheriff', 
came duly to hand. You inform me that you are charged with having 
procured your appointment through your own solicitation and intrigue, 
and ask of me a candid statement of my knowledge of the means of your 
appointment. I was at Burlington when application was made for 3'our 
appointment, and I procured a recommendation for your appointment. 



174 HISTORY OF JOHNSON COUNTY. 

which I, together with many others, signed. I am confident that you did 
not solicit the office, and much less did you use intrigue to obtain it: there 
being no necessity for it, for your friends — among whom were Messrs. 
Gilbert, Reynolds, and others, — did all that was essential to your success 
in getting the office. 

I will further state that I believe that you had no anxiety about the 
matter, but rather manifested reluctance in taking it: stating as a reason, 
that' you were apprehensive that it would result in an injury rather than a 
benefit to you. 

I am yours, &c., J. W. Tallman. 

FIRST COUNTY BOARD MEETING. 

The first county clerk was Luke Douglass. The first public document 
recorded was the bond of Samuel C. Trowbridge, as sheriff' of Johnson 
county, with Wheaton Chase as his surety. And here is the oath just as 
Mr. Douglass himself recorded it: 

OATH. 

You solumnly sware, that you will support the constitution of the United 
States and the teritory of Iowa, and that you will well and truely perform 
the duties of assessor in and for the county of Johnson and territory aftbr- 
said, to the best of your knowleg. So help 3^our God. 

The above oath was legaly administered by me this day of • 

1839. Luke Douglass, Cerk. 

It will be seen from this that the clerk's office had not yet been supplied 
either with a spelling book or an almanac. The first two pages of that 
part of the record where Trowbridge's bond was recorded were lost, so 
that the amount of the bond and the date of its execution do not appear 
of record. The next document is the bond of Wheaton Chase, as county 
treasurer. It was executed April 1, 1839, in the sum of one thousand 
dollars, with Samuel H. McCrory and Samuel C. Trowbridge as his 
bondsmen. In the oath administered to Wheaton Chase by the clerk 
and duly recorded, he has this improvement in orthography, "you do 
solumnl}' sweare;" but in stating that "the above oath was duly adminis- 
tered by me," he still writes "this day of , 1839." And so the 

record remains to this day, without date. 

The next document is the bond of William Massev, as constable, in the 
sum of one hundred dollars, with PhiHp Clark and Henry Felkner, as 
sureties. But still no date given. The next is a bond of Wheaton Chase, 
in the sum of three hundred dollars, with Wm. C. Massey as surety; that 
"the above bounden Wheaton Chase shall keep and maintain good order 
and rule, and shall suffer no disorder nor unla\*ful games to be used in 
his house, or in any of the dependencies thereof, and shall not break any 
of the laws for the regulation of the taverns." (The "tavern" was the 
Chase trading house. See diagram in Chap. II, Part 2. This document is 
dated April 20, 1S39, and seems to have been the first license of any sort 
that was issued by Johnson county authority. Mr. Chase also gave bond 



HISTORY OF JOHNSON COUNTY. 175 

the same day in same sum and with same surety, that he would "in all 
respects conform with the laws regulating storekeepers." It is peculiar 
that Mr. Chase sometimes wrote his tirst name "Wheaton" and some- 
times "Wheten," but oftenest the latter way. And here is a peculiar 
document which occurs in another part of the earliest records: 

Received of Wheaten Chase dollars as moneys rendered to the 

county treasury in pay for a permit to keep a tav^ern and store until the 
next subsequent meeting of the Board of County Commissioners. 

Napolian, April -aO, 1839. Wheten Chase. 

This record seems to be in Mr. Chase's own handwriting, and he writes 
his first name "Wheaten" once, and then "Wheten." Mr. Wheten Chase 
had been Black Hawk's interpreter when he went to Washington in April, 
1833. He removed from Johnson to Tama county, after the Indians left 
here, and died there in 1870. 

In another and better book afterwards procured, some of the first 
records are copied, and some are not; and so it happens that these earliest 
records are perplexingly mixed, besides being not ver}^ full or complete 
anyway. Mr. Douglas was not a good hand at that business. 

FIRST COUNTY COURT. 

The first entry in the new, large book, is the first record now in exist- 
ence of a county court in Johnson county, where her own civil aflairs 
weve formally administered by her own officers. Hence we quote it as a 
historic way- mark: 

At a county commissioners' court begun and held in the county of 
Johnson and territory of Iowa, on the 29th day of March, A. D., 1839, 
present the Honorable Henry Felkner and Abner Wolcott, commis- 
sioners; Samuel C. Trowbridge, sheritT; Luke Douglass, clerk pro tem. 

Amongst others were the following proceedings, to-vvit: On motion of 
Henry Felkner, Luke Douglass was appointed clerk of said court. On 
motion of Henry Felkner, Esq., ordered by the court that the eagle side 
of a ten cent piece be adopted as the county seal, until one may be pro- 
vided by the territory. 

Ordered, this court now adjourn sine die. 

The minutes are signed by Henry Felkner and William Sturgis as com- 
missioners. 

The next entry shows that the commissioners' court met again April 
1st, 1839, and this time there were present all three of the members, 
Felkner, Wolcott and Sturgis. The record recites that Wheten Chase 
was appointed treasurer for the county. Also, • 

On motion of H. Felkner, Esq., ordered, that the clerk and sheriff* 
decide by draft which one of the two commissioners, which received an 
equal number of votes should hold their seat for three years, the result of 
which draft were as follows, to-wit: Henry Felkner, Esq., sit for three 
years, Abner Wolcott two years, and William Slurgis one year. 

The court then proceeded to appoint a county assessor for the year 
1839, and on motion of H. Felkner, Esq., Samuel C. Trovvbridge was 
appointed said assessor. On motion of A. Wolcott, Esq., William C. Ma's- 



176 HISTORY OF JOHNSON COUNTY. 

sey was appointed constable in and for the county of Johnson and territory 
of Iowa. The court then adjourned sine die. 

Thus the county civil government was now fully organized and all its 
wheels set in motion; but the revenue to grease them with had 3*et to be 
gathered in, and assessor Trowbridge went right about that important 
duty without delay. 

WHERE FIRST COUNTY SEAT. 

It seems that clerk Douglass lost the two first pages of his records of 
the first county court; but in another place we found the following tran- 
script from the lost "page second" of that first session: 

The board then decided upon the quarter section which they would 
decide upon for county purposes. The commissioners then decided upon 
the southeast quarter of section 22, township 29 north, range 5 west, 
with the iQ\[o\N\x\g -proviso : that in case it should conflict with the location 
of the seat of government, they will waive their right in case that the 
locating commissioners will give the choice of a quarter in the vicinity for 
county purposes. 

This seems to have had reference to the contemplated removal of the 
state capital to Johnson county, and they wanted to secure the county 
seat and state capital town at the same place. But it will be seen by 
referring to a county map, that the location above designated was about 
two miles below the present Iowa City, and was the place called Napoleon, 
though one log cabin and one frame house were the only buildings ever 
erected on the town site. [See diagram in Chap. II, Part 2.] Everything 
was waiting for the location of the capital in Johnson county. 

The cabin was built as a claim cabin, in 1837, and was first o.ccupied 
by John Morford, in 1838, and afterward by Peter Smith, whose wife 
gave birth to a daughter in it, in July or August, 1S3S. The frame house 
was built by the projectors of the Napoleon town site, and was intended 
for the court house. It was here the first and second county elections 
were held. This frame building was 20x32 feet, and two stories high. 

HOW THE COUNTY SEAT WAS REMOVED. 

In 1839 the county commissioners were Henry Felkner, Robert Wol- 
cott and Philip Clark. On October 7 the county court opened in due 
form at Napoleon, with all the officers present. The record says: "Court 
having come to order, the sheriff' announced the court in session." After 
business was disposed of, this record appears: 

Ordered^ That this court now adjourn, to meet to-morrow morning at 
eight o'clock, at the house of F. M. Irish, in Iowa City. 

And the next record is: 

October term, Oct. 8,1839. Court in session. Present, Hons. Henry 
Felkner, Robert Wolcott and Philip Clark, commissioners. 

The original record does not state that this day's session was at Iowa 
City, nor does it even mention that the court met pursuant to adjournment. 



HISTORY OF JOHNSON COUNTY. 177 

which would have served to authenticate the change. But in the tran- 
scribed record pains were taken to add the statement, that "Court met pur- 
suant to adjournment." 

This action of the county board was before the legislature had author- 
ized the removal. 

"An act to re-locate the seat of justice of Johnson county" was passed 
by the legislature, and approved Dec. 31, 1839. This act recites, " That 
the board of county commissioners in the county of Johnson are hereby 
authorized to re-locate and establish the seat of justice for the county of 
Johnson, being first sworn by any judge or justice of the peace thereof, 
faithfully and impartially to re-locate and establish the seat of justice of said 
county, taking into consideration the future as well as the present popula- 
tion of said count}'." 

The county board was required to attend to this " at or within ninety 
days" after their next regular meeting. And when they had so done, and 
their acts were "spread upon their records by the clerk," "the place 
selected shall be the seat of justice for said county." 

At a county board meeting, on January 27, 1840, these proceedings 
were had: 

On motion of Henry Felkner, Esq., the board of commissioners repaired 
to view the several adjoining quarter sections of land to the seat of govern- 
ment, and upon examination the commissioners decided upon the north- 
west quarter of section fit'teen, in township seventy-nine north, and range 
six west, of the fifth principal meridian, for the seat of justice for said 
county. 

Ordered, by the board of commissioners, that Philip Clark be author- 
ized to repair to Dubuque, and enter, if possible, the aforesaid quarter sec- 
tion of land for county purposes. 

Then the court " adjourned for one hour." On re-assembling, the orig- 
inal xo^cov 6. gives us this entry: 

Ordered by the court, that a memorial be sent to the Congress of the 
United States, requesting the authority for them to locate the county seat 
of said county on the quarter section aforesaid. 

The transcript of this record, which was made six or eight months 
afterward, changed the wording of it considerably, but the point and pur- 
pose remained the same; and it appears from the transcribed record that 
the memorial was forwarded, " directed to the care of the Hon. W. W. 
Chapman, our delegate in Congress." But Congress was not in the busi- 
nesss of " locating" frontier county seats, and of course never paid any 
attention to this document. 

Philip Clark went to Dubuque as instructed, and secured pre-emption 
of the quarter section desired, which is that where the Iowa City cqurt 
house and jail now stand. 

On October 14, 1840, the records show that he was "allowed twenty 
dollars for services in going to Dubuque, to pre-empt the quarter section 



178 HISTORY OF JOHNSON COUNTY. 

of land on which the count}^ seat of Johnson county is located." He was 
also allowed another item of sixteen dollars for "his expenses in the afore- 
said trip to Dubuque." 

On the same day the record says: "Ordered, that Samuel C. Trow- 
bridge be allowed $15 for his trip to Dubuque with Philip Clark, to 
obtain pre-emption for county seat." 

LAYING OUT THE NEW COUNTY SEAT. — NOV. 9, 1840. 

It is ordered by the board, that the northwest quarter of section fifteen 
be laid out into blocks and lots, as follows: Twenty-four blocks to be 
surveyed off the north side at present, each block to be three hundred 
and twenty feet square, including alleys, the north and south streets to 
correspond with the streets which run north and south in Iowa City; and 
the streets running east and west to be eighty feet wide, each block to be 
divided into eight lots, and alley to be twenty feet wide. Under the 
superintendence of Philip Clark and said commissioners." 

FIRST SALE OF LOTS. 

Ordered by the board, [Jan. 6, 1841,] that a sale of lots in the county 
seat of Johnson county, shall take place on Monday, May 24, 1841, and 
continue from day to day until all are sold, or, at the discretion of the 
commissioners. 

It is ordered, that the following shall be the terms of sale, to-wit: One 
fourth of the purchase mone}' to be paid in hand, one forth in six months, 
one fourth in twelv'e months, and one fourth in eighteen months from the 
day of sale. 

FIRST REPORT OF SALES OF LOTS. 

Oct. 9, 1841, appears the first record of the results of the sale of lots in 
the county seat, as follows: 

Wm. R. Harrison, this day, Oct. 9, 1841, produced his books, and it 
appears from the same that the lots sold in the county seat of Johnson 
count}^ and paid for as required by the terms agreed on by the board of 
commissioners of said county seat, in May, 1841, including the 24th and 
25th of May, 1841, and lots sold since that time, amount to — 

First payment being one-fourth in hand $725. 87|- 

Amount of notes due in 6 months from 1st payment 725.87-1 

Amount of notes due in 12 months from 1st pavment 725.87-^ 

Amount of notes due in 18 months from 1st payment 725. 87|- 

$2903.50 

FIRST COUNTY SEAT AGENT. 

April 7, 1842. "Ordered, that Fernando H. Lee, be and he is hereby 
appointed agent of said county, agreeable to the provisions of an act of 
the legislature, authorizing the commissioners of Johnson county to 
appoint an agent for said county, etc." 



HISTORY OF JOHNSON COUNTY. 179 



CHAPTER L— PART 2. 

EARLIEST CIVIL SUB-DIVISIONS. 

First Election Precincts — First Road Districts — Complete List of Present Civil Town- 
ships, their dates of Organization, Post OfiQces, etc. 

FOiST DESIGNATION OF ELECTORAL PRECINCTS. 

March 6, 1840 it was— 

Ordered by the board, that the county of Johnson be divided into two 
electoral precincts as follows: The south part or precinct No. l,the elec- 
tion to be held in Iowa City, and John Parrott, John Hawkins and J. N. 
Sanders, Esqrs., be appointed judges of the election in said precinct. 

The north part of said county, or precinct No. 2, the election to be held 
at the house of Warren Stiles, Esq., in said precinct, and x^Uen C. SutlifF, 
Leander Jewit and Jesse Magrue, to serve as judges of the election in said 
precinct. 

At the session of July 8, 1840, the following additional order was made, 
to define precinct boundaries more closely: 

Ordered, that the election precincts of the county of Johnson be divided 
by a line as follows: Commencing at the north east corner of section 24, 
township SO north, range 5 west, thence west on the section line between 
sections 13 and 24, and continuing the same line until it strikes the Iowa 
river, thence up the river to the county line. 

COMMISSIONER DISTRICTS. 

County board session, April 7, 1841: 

Ordered, that all that part of the county of Johnson which lies north of 
the center of township 80, shall be hereafter constituted and known as 
district No. 1. 

Ordered, that all that part of the county of Johnson which lies south of 
the center of township SO, and north of the center of township 79, shall 
form and constitute the second commissioner's district of Johnson 
county. 

Ordered, that all that part of Johnson county which lies south of the 
center of township 79, shall form and constitute the third commissioner's 
district of said county. 

ELECTORAL PRECINCT NO. 3 — CLEAR CREEK. 

t 

April 8, 1841. Ordered, that all that part of Johnson county, which 
lies west of the Iowa river, shall form and constitute one electoral pre- 
cinct, and be known as precinct number three, and that the elections in 
said precinct be held at the house of John Hawkins, Esq., on Clear creek. 

Ordered, that David Switzer, Nathaniel Fellows and Jesse McCart, be 
and they are hereby appointed judges of elections in the said electoral 
precinct for the year 1841. 

The next action on election precincts occurred January 7, 1842, as fol- 
lows: 

No. 4. Ordered, that all that portion of Johnson county lying west of 
the Iowa river and south of the section line dividing sections twenty-t\yo 
and twent3'-seven, embracing all the settlements on Old Man's Creek in 



180 HISTORY OF JOHNSON COUNTY. 

said county, be and the same is hereby estabUshed into an electoral pre- 
cinct to be known as election precinct No. 4, and that the place of 
holding elections in said precinct be at the house of Jacob Fry. And it is 
further ordered, that Jacob Fry and James McCrae, be, and they are 
hereby appointed judges of elections, in and for said precinct. 

No. J. — Ordered, that all that part of Johnson county, lying north of 
the Iowa river, and west of a line which is one mile east of the township 
line dividing ranges six and seven, be and the same is hereby established 
into an election precinct to be known as election precinct No. 5; and 
that the place of holding elections in said precinct shall be at the house of 
M. P. McAllister. 

And it is further ordered, that William Dupont, Wm, M. Stuart and 
David Ray, be, and they are hereby appointed judges of elections in said 
precinct. 

THE ELECTION PRECINCTS. 

Up to 1842, the election precincts were still known only by numbers. 
On April 6, 1842, the following record appears: 

Election Precinct N'o. i. — Ordered, that A. J. Willis, William R. Har- 
rison and Chaunce}' R. Ward be and are hereby appointed judges of 
Elections for Precinct No. 1., or Iowa City precinct, for one year from 
the 1st day of April, 1842. 

Election Precinct No. 2. — Ordered, that Peleg C. Brown, John Calkin 
and Robert W. Orr, be and they are hereby appointed judges of elec- 
tions for Precinct No. 2, for the present 3'ear. 

Election Precinct No. J. — Ordered, that Evan Dollarhide, Martin Harless 
and Samuel Houston be and are hereby appointed judges of elections in 
the third election precinct for the present year, and the elections in said pre- 
cinct shall hereafter be held at the house of Evan Dollarhide. 

Election Precinct No. ^. — Ordered, that the judges of election appointed 
at the January session, 1842, be continued for this precinct during the 
present year. 

Election Precinct No. 5. — The judges of elections for this precinct 
appointed at the January session, 1842, are hereby continued for the pres- 
ent year. 

In 1842 these names are used unofficially in the newspapers — Clear 
Creek precinct. Old Man's Creek precinct, Dupont's precinct [Monroe], 
Big Grove precinct, Iowa City precinct. 

April .5, 1843, election precinct No. 1, is called Iowa City precinct; No. 
2 is called Big Grove precinct; No. 5 is called Monroe precinct; but Nos. 3 
and 4 are not designated by any name. 

FIRST TOWNSHIP ORGANIZATIONS. 

At the January session, 1844, (Jan. 1 and 2,) there were petitions pre- 
sented for the organization of three civil townships on the west side of the 
river. But it was found that the boundary lines described conflicted with 
each other, cut across or lapped over, so that they had to be referred back 
to the petitioners for revision. 

April 2, 1844, it is recorded: On the petition of sundr}- citizens of Clear 
creek precinct, for the organization of a township, with the following 



HISTORY OF JOHNSON COUNTY. 181 

bounds, to-wit: Commencing at the southeast corner of township SO— — . 
And here the record stops, without then or thereafter any explanation as 
to why it was chopped off so short. 

The next record bearing on these matters is dated April 5, 1844, and 
reads: 

Ordered, that the range line or that part thereof north of the Iowa 
river, dividing ranges six and seven west, shall hereafter be the dividing 
line between election precincts 2 and 5, or Big Grove and Monroe pre- 
cincts. 

Clear Creek Precinct. — Ordered, that the place of holding elections in 
Clear Creek precinct shall hereafter be held at the house of James H. 
Frost in said precinct. 

The next record is July 3, 1844, and is the first time that all the election 

precincts are designated by a local name, instead of b}'- number. Hence 

we quote: 

loiva City Precinct. — ^Ordered, that James Robinson, Curtis Bates and 
Cyrus Sanders be and they are hereby appointed judges of elections for 
Iowa City precinct for the ensuing year. 

Big G^ror-e.— Ordered, that Abner Arrowsmith, Timothy Clark and 
Frederick Kessler be and they are hereby appointed judges of elections in 
Big Grove precinct for the ensuing year. 

Clear Creek. — Ordered, that John Keeler, John Conn and Bryan Dennis 
be and they are hereby appointed judges of elections for Clear Creek pre- 
cinct for the ensuing year. 

Old Man's Cr^re/i'.— Ordered, that Pleasant Harris, Asby D. Packard 
and Sheldon N. Canda be and they are hereby appointed judges of elec- 
tions for Old Man's Creek precinct for the ensuing year. 

yJ/^?;/;w.— Ordered, that William Dupont, William Foster and William 
Winterstein be and they are hereby appointed judges of elections for 
the ensuing year. 

IOWA COUNTY PRECINCT. 

The territory which now constitutes Iowa county remained attached to 
Johnson county until 1845. On January 8, of that year, the county 
board — 

Ordered, That the county of Iowa be and the same is hereby estab- 
lished into one election precinct, and shall be known as Iowa County Pre- 
cinct, and that the place of holding elections in said precinct shall be at the 
house of A. P. Kitchen, or the old "Trading House," and it is further 
ordered, that James M. Price, A. D. Stephens and Stephen Chase be and 
they are hereby appointed judges of elections for said precmct for the 
present year, 1845. 

July 9, 1845, it was 

Ordered, That Geo. W. Kitchen be allowed ten dollars and fifty cents 
for assessing Iowa county precinct. 

Thus, Iowa county was still under the jurisdiction of Johnson county m 
that year. 
12 



Mo 


. 1. 




2. 




3. 




4. 




5. 




6. 



^0.7. 


Clear Creek township. 


8 


" 8. 


Washington " 


12 


" 9. 


Liberty " 


11 


" 10. 


Pleasant Valley " 


14 


" 11. 


Iowa City " 


50 



182 HISTORY OF JOHNSON COUNTY. 

PROPORTION OF JURORS, 1845. 

February 18, 1845, the jury list was apportioned to the several precincts 
as follows : 

From Iowa City precinct, seventy 70 

" Big Grove precinct, twenty-five 25 

" Old Man's Creek precinct, twenty-eight 28 

** Clear Creek precinct, twenty 20 

" Monroe precinct, seven 7 

PROPORTION OF JURORS, 1846. 

The jury list made on the first Monday in April, 1846, was apportioned 
to the several townships as follows: 

Monroe township 7 

Big Grove " 16 

Cedar " 6 

Newport " 10 

Scott « 7 

Penn « 9 

Total 150 

FIRST DIVISION INTO ROAD DISTRICTS. 

Some of the road district divisions ultimately grew into townships or 
electoral precincts. There were numerous roads viewed and laid out as 
general county business prior to any designation of separate road districts; 
but on July 8, 1840, the first lay-out of road districts was made, as fol- 
lows: 

No. 1. — Ordered, that all that part of the count}- inclosed in the second 
or upper electoral precinct, shall constitute the first road district, and 
that Warren Stiles, Esq., be appointed supervisor of said district. 

No. 2.^ — Ordered, that all that part of the county of Johnson lying 
l)etween the base line between 78 and 79, and the upper or second electoral 
precinct, and east of the Iowa river, shall constitute and form the second 
road district, and that Wm. B. Snyder be appointed supervisor of the 
same. 

No. 3. — Ordered that all of that part of the county of Johnson lying 
south of the base line between townships 78 and 79, shall constitute one 
road district to be called the third district, and that Robert Walker be 
appointed supervisor of the same. 

No. 4. — Ordered, that all of that part of the county lying north of the base 
line and between townships 78 and 79, north and west of the Iowa river, 
shall form the fourth road district, and that John Hawkins be appointed 
supervisor of the same. 

RE -ARRANGEMENT OF ROAD DISTRICTS. 

County board session, April 4, 1841: Ordered, that all that part of 
Johnson county lying south of the line dividing townships 78 and 79, and 
east of the Iowa river, shall constitute the first road district in said county; 
and that Eli Myers be, and he is hereby appointed supervisor of said 
district for the present year. 



HISTORY OF JOHNSON COUNTY. 1S3 

Road District No. 2. — Ordered, that all that part of Johnson county- 
lying north of the line dividing townships 78 and 79, and east of the 
Iowa river, and south of Iowa Avenue and the Bloomington road, shall 
form the second road district in said county; and that William B. Snyder 
be appointed supervisor of said district for the year 1841. 

No. 3. — Ordered, that all that part of Johnson county which lies north 
of the south side of Iowa Avenue and Bloomington road, (includin*'- said 
avenue and road) and east of the Iowa river, and south of tlie center of 
township 80, shall form the third road district in said county; and that 
Samuel H. McCrary be appointed supervisor of said district. 

No. 4. — Ordered, that the following bounds shall constitute the fourth 
road district of Johnson county, to-wit: Commencing on the eastern 
boundary of said county, at the center of townsiiip 80, thence west on 
said Hne eight miles, thence north to the county line; and that John West 
be appointed supervisor for said district for the year 18-11. 

A^o. 5. -Ordered, that the territory contained in the following bounds, 
shall constitute the fifth road district, to-wit: Commencing on the Iowa 
river at the center of township SO, thence east to the section line dividing 
sections 14 and 15, in range 6, thence north to the boundary line of said 
county, including all that part of Johnson county east and north of the 
Iowa river; and that Charles Connelly be appointed supervisor of said dis- 
trict for one vear. 

No. 6. — Ordered, that part of Johnson county lying west of Iowa river, 
and north of the center of township 79, shall constitute the sixth road dis- 
trict; and that John N. Hedley be appointed supervisor of said district for 
the year 1841. 

No. 7. — Ordered, that all that part of Johnson county which lies west 
of Iowa river, and south of the center of township 79, shall constitute the 
seventh road district; and that Jacob Fry be appointed supervisor of said 
district for the year 1841. 

No. 8. — On April 7, another turn was taken at road districts, which 
resulted thus: 

Ordered, that all that part of road district No. 3, which lies east of 
Dubuque street in Iowa City, and the Dubuque road in said district, and 
in township 79, in ranges five and six west, shall hereafter constitute one 
road district, and be known as road district No. 8, and that James Trem- 
ble be and is hereby appointed supervisor of said road district. 

]\To, p. — Ordered, that all that part of road district No. 5, which lies 
west from two miles west of the range line dividing ranges tl and 7, shall 
hereafter constitute the ninth road district; and that William Dupont be 
appointed supervisor of said district. 

JYo. /o.— Ordered, that all that part of road district No. |i, which lies 
west of Iowa river, commencing one mile north of the township line divid- 
ing townships 79 and 80, thence west to the range line dividing ranges 
six and seven, thence north one mile, thence west to the boundary line, 
shall constitute, and hereafter be known as the tenth road district; and 
that Geo. Wein be and he is hereby appointed supervisor of said district. 

JYo. //.—Ordered, that all that part of road district No. 7, in the fol- 
lowing bounds, to-wit: Commencing at the northwest corner of section 
15, township 79, range G, thence west three miles, thence south to the 
county line, shall hereafter constitute road district No. 11; and that David 
Switzer be and he is hereby appointed supervisor of said district. 



184 HISTORY OF JOHNSON COUNTY. 

HISTORY WRITING AND RESEARCH. 

The State Press of August 23, 1882, contained the following edi- 
torial item: 

Last Tuesday the Secretary of State at Des Moines, called upon the 
Auditor of Johnson County for a mass of historical statistics, such as 
date of organization of each civil township, their names, their boundaries, 
and any changes that have been made in these, besides other matters. 
The county records not having been indexed, there is no possible way to 
obtain the information called tor, but by a competent and faithful' man sit- 
ting down and going over the county records, page by page, from the 
year 183T to the present time- — a period of forty-five years — and culling 
out the facts desired and then tabulate them. But he would likewise have 
to search the various acts of the territorial legislature of Wisconsin, the 
territorial legislature and the state legislature of Iowa, all of which have 
had some dealing with Johnson county boundaries. To collect all these 
data and put them into shape would require a solid month's work of an 
expert at such business; and yet the Auditor is called upon to do it, with- 
out a dime of funds anywhere to pay for it. But it appears on investi- 
gation that the Johnson County History Company is doing just this sort 
of work, and has these very matters in hand and already about half 
completed. Hence, if the Auditor makes any response at all for John- 
son county, he will have to draw on the History Company for it. It appears 
that the matter is wanted lor a volume of the State census and other civil 
statistics, which is being prepared by authority of the executive council, 
and required b}^ Chapter 198 of Acts of the l8th Qeneral Assembly. 

The following table was compiled from the work of this historian, as 
above referred to, and forwarded to the Secretary of State: 

TABULAR VIEW OF TOWNSHIPS, POST-OFFICES, ETC., OCT. 1, 1882. 

Name of Tp. When Organized. Township North. Range West. Post Offices. 

Big Grove April 9, '15 81 6 Solon. 

Cedar Jan. 7, '46 81 5 No post-office. 

Clear Creek . . Feb. 10, '46 80, i of 79 .. 7 and 8 . . .Tiffi'n. 

[Afterwards parts of each of the civil townships of Madison, Oxford, Hardin and Union 
were talven from the territor}' of Clear Creek.] 

Fremont Apr. 6, '57 77 5 . . . ) Lone Tree, Shoo 

\ Fly and River Junct. 
[Record not found. See chapter on Fremont Township History.] 

Graham Jan. 5, '57 80 5 Morse, Oasis. 

Hardin Jan. 4, '58 79 8 Windham. 

[Formerly included within the territory of Washington township.] 

Jefierson Mar. 5, '54 81 7..- Shueyville. 

[The territory of Jefferson was formerly included in Monroe township.] 

Liberty Feb. 10, '46 78,i of 79. .7, n i 6. .Bon Accord. 

[AH of Sharon and one-half of Union were afterwards taken from the original territory 
of Liberty township.] 

Lincoln June 8, '70 88 5 No post-office. 

[Was formerly a part of Pleasant Valley township.] 



HISTORY OF JOHNSON COUNTY. 185 

Name of Tp. When Organized. Township North. Range West. Post Offices. 

Lucas j Feb. 10, '46 79 h Coralville. 

I Jan. 15,73 
[Formerly called Iowa City township. The township is divided into two voting pre- 
cincts, East and West Lucas, on the two sides of the Iowa River.] 

Madison Oct. 15, '()0...n^ 80 7 and 8... Chase. 

[It was from 1846 to 1860, included in Penn township.] 

IMonroe Feb. 10, '46 81 7 and 8 . . . Gregg, Danforth. 

[Jefferson township was afterward detached from Monroe.] 

Newport Feb. 10, '46 80 5, e ^^ 6 . . .No post-office. 

[Graham township was afterwards detached from the territory of Newport township.] 

Oxford Mar. 3, '56 80 8 Oxford. 

[Was formerly a part of Clear Creek township.] 

) W 3^ of 6.. 
Penn Feb. 10 '46 80. .. { n k oi 7. . .North Liberty. 

[Then included what is now Madison township.] 
Pleasant Val'y.Feb. 10, '46 78 5, e i 6 . . Morfordsville. 

[Then included the present territory of Lincoln township.] 

Scott Feb. 10, '46 79 5 No post-ofiice. 

Sharon Feb. 1, '58 78 7 Sharon Center. 

[Formerly included in Liberty township.] 

Union Mar. 6, '54 79 7 No post-office. 

[North half formerly included in Clear Creek township, and the south half in Liberty 
township.] 

78 and s ] Amish. 

Washington . . .Feb. 10, '46 i of 79 . . 8 f Frank Pierce. 

[At the time of organization it included s J-^ of tp 79, r 8; Oct. 4, 1847, the n. y^ of 
said tp. was attached also. These were afterwards detached, and formed into what is now 
Hardin township. 

T A.^ ] Feb. 10, '46 79 6 Iowa City. 

Iowa City... ;-j^^„. 15^73 

[Iowa City Township now comprises only the territory within the corporate limits of Iowa 
City, and is divided into two voting precincts. North and South. But from 184G to 1873 
the territory now called Lucas township was included in Iowa City township.] 



CHAPTER II.— PART 1. 

POLITICAL RECORD. 

Historic Elections— Successive County Officers— The Grand Parliament— Higher Political 
Honors— Post-office Matters— Census by Townships, 1850 to 1880. 

THE FIRST ELECTION. 

About May 26, 1838, S. C. Trowbridge went to Rochester, then the 
county seat of Cedar county, and on the 28th he was commissioned as 
deputy sheriff for Johnson and Keokuk counties. [See the documents in 
another place.] 

Iowa was still a part of Wisconsin Territory, but the matter of separat- 
ing it was already under discussion in Congress, and the Iowa people 



186 HISTORY OF JOHNSON COUNTY. 

were generally expecting that they would soon be set off as a territory 
by themselves. 

Johnson county had been named, and its boundaries defined, but the 
people settled there-.^had never been authorized to hold an election- 
Thev wanted to be getting themselves into proper civil and political rela- 
tions with "the powers that be," and take their rightful part in the govern- 
ment, whether it were Wisconsin or Iowa Territory. It was to bring this 
about that Trowbridge had been sent to Rochester by the settlers in the 
vicinity of the trading houses. Accordingly, the same day he was com- 
missioned deputy sheriff he went before the board of commissioners of 
Cedar county, and applied for an order of election. The application was 
granted, and an election ordered to be held at Gilbert's trading-house, on 
the first Monday in August; and it was to be known as the Iowa precinct 
of Cedar county. Trowbridge nominated officers for the election, which 
were confirmed by^the county board, as follows: 

yudges—EYi Myers,lHenry Felkner and Pleasant Harris. 

Clerks — W. Sturgis and Isaac N. Lesh. 

[These matters are of record in Cedar count}^ but have never been 
recorded in any shape in Johnson county until now searched out for and 
printed in this history.] 

But that proposed election was never held, for, before its time arrived, 
Johnson county had obtained a special act of the legislature organizing the 
county, naming and locating its county seat, appointing a sheriff', etc., so 
that it could run its own business in its own way, instead of being a mere 
appendage of Cedar county. The proceedings and documents in regard, 
to organizing the county and investing it with civil jurisdiction are given 
in another place. 

Iowa Territory began to exist for itself on July ;>, 1838, and the next 
day, July 4, was the da}- that had been set by the Wisconsin territorial 
legislature for Johnson county to begin its separate political existence. 

Of course everything was to go on just the same under the new tei ri- 
torial rule as before, until changed by proper authority. Wm.B. Con- 
way had been appointed Secretary of the new territory of Iowa, and 
arriving here a few days before Gov. Lucas, he made indecent haste to 
issue a proclamation for a territorial election, signing himself "Acting 
Governor." But when Governor Lucas arrived (August 15,)* he issued 
a proclamation on the same day for an election to be held on September 
10. This of course overruled and wiped out all of Conway's premature 
acts. Sheriff' Trowbridge had taken some steps for an election under 

^Governor Robert Lucas arrived in lowii tor the first time, oq the steamboat "Brazil." 
from Cincinnati, Oliio, landing at Burlington on Wednesday morning, August 15, 1838. 
The s:ime day he issued his proclamation for the election of members ot territorial legis- 
lature, and delegate to Congress. These historic facts are gathered from the Burlington 
Territorial Oazette, dated August 18, 1838, and should settle all di.sputes in regard to the 
matter. 



HISTORY OF JOHNSON COUNTY. 187 

Conway's proclamation, but nothing which interfered with his prompt 
attention to the more rightful order of the Governor. 

As before remarked, Governor Lucas issued his proclamation on the 
same day he arrived in the territory, calling an election to be held Sept. 
10, 1838. All of that proclamation which specially concerns Johnson 
county, was the following paragraph: 

The counties of Johnson, Cedar, Jones and Linn, shall form an election 
district, and elect one member of the council and one member of the 
house of representatives. 

The parties interested in the town site of Napoleon as the county seat, 
had "chipped in together" and raised money to build a frame house 
twenty by thirty-two feet, and two stories high, to serve as a court house. 
These were Gilbert, McCrary, Smith, Felkner, Trowbridge, etc. ; and the 
house erected was really a formidable and creditable enterprise, consid- 
ering the difficulties of getting lumber and other building materials, at 
that time. (See the diagram on another page). And here, in this 
house, occurred the first formal election ever held in Johnson county, the 
territory which now constitutes Iowa county being an adjunct precinct. 
About the time of this first election Robert Walker had been commis- 
sioned by Governor Lucas as the first justice of the peace, in Johnson 
county; but the imperfect county records do not anywhere show this 
fact. The officers of that first election were: 

yudges — Wm. Kelso, David Sweet, and Isaac N. Tesh. 

Clerks— I. P. Hamilton, and S. H. McCrary. 

WHO WERE ELECTED. 

There were four candidates for Congress, namely: W. W. Chapman, 
Virginia State Rights Democrat; P. H. Engle, Jackson Democrat; 
David Rohrer, Democrat anyway; B. F, Wallace, Whig. 

Chapman had been specially friendly and helpful in securing the legis- 
lation which the Johnson county people wanted, so he was the favored 
man, without much regard as to where he stood on the national questions 
of the time. These pioneers had their politics nearer home just then — 
and the vote of Johnson county, as canvassed and certified to Governor 
Lucas at the time, was: For Chapman, thirty-six votes; for Engle, one 
vote. Rohrer and Wallace got no votes here. 

The other officers elected at the same time were: 

For member of legislative council — Charles Whittlesy, of Cedar 
county. 

For member of house of representatives — Robert G. Robert, of 
Cedar county. 

For county commissioners — Henry Felkner, Wm. Sturgis, and Abner 
Wolcott. 

For county recorder — I. P. Hamilton. 

For county assessor — S. B. Mulholland. 

For constables— Peter Crum, and Wm. C. Massey. 



188 HISTORY OF JOHNSON COUNTY. 

The county treasurer and the assessor -elect failed to qualify; and con- 
sequently the board of county commissioners appointed Wheten Chase to 
be treasurer, and S. C. Trowbridge to be assessor. 

Trowbridge held a three-years' commission as sheriff from Governor 
Dodge, unless Governor Lucas should see fit to revoke it, which he did not, 
but gave him another commission for the next term ; and the law at that 
time imposed on the sheriff the duty of tax collector, as well as rogue- 
nabber — so Trowbridge had business at every pot-boil in the county. 
[See under head of First County Records.] 

Owing to the incompetency, laziness or neglect of Clerk Douglass, no 
record was preserved of that first election. And it has not been secured 
and made of record by the county since; so that it remained for this his- 
torian to rake up the scattered fragments of fact and recollection, out of 
which a connected, systematic and authentic record of that first election is 
now for the first time made and placed before the people of Johnson 
county. 

THE SECOND COUNTY ELECTION. 

Clerk Douglass also failed to make any record of the second county 
election. In the first case there might be some excuse for it, but no reas- 
onable excuse can be offered for the second time this delinquency occurred, 
for he was then fully in office, had every convenience, and it was his duty 
to make the record; but he failed to do it. However, among Col. Trow- 
bridge's old papers, documents, etc., we found the whole bunch of the 
original tickets, just as they were written out and voted at Napoleon, the 
county seat, on the first Monday in August, 1839 — and fi-om these musty 
relics of almost a semi-centennial antiquity, we present the following accu- 
rate canvass of that second election ever held in Johnson county, the judges 
of which were Andrew D. Stephen, John Eagan and S. C. Trowbridge 

For representatives in the legislature: John Frierson, democrat, 
received 32 votes; T. T. Clark, whig, received 14 votes; S. C. Hastings,* 
democrat, received 32 votes; S. S. Lathrop, democrat, 1 vote. 

There were two to be elected from Muscatine, Johnson and Iowa coun- 
ties jointly, and Clark and Hastings were the ones elected, as they got 
good majorities in the other counties. 

For county commissioners: John Morford, received 21 votes; Abner 
Wolcott, 32: Henry Felkner, U; Philip Clark, 29; A. C. Sutliff; 16; 
\Vm. Sturgis, 1; A. Arrowsmith, 1. 

Why the above voting was done at all is not clear, for Felkner had 
already been chosen (at the election of Sept. 10, 1838), county commissioner 

*HastiDgs was elected to the legislative council from the same counties in 1840; and in 
1846 he was elected to congress. He was afterwards appointed chief justice of Iowa by 
Gov. Ansel Briggs. Then during the legislative session of 1848-49, Hastings and Judge 
Joseph Williams were candidates for chief justice. Williams was elected. Hastings 
resigned before his time was out and went to California. The same fall (1849) he was elected 
and took his seat as chief justice there. He thus filled this high position in two ditierent 
states inside of one calendar year— the only case of the kind on record. 



HISTORY OF JOHNSON COUNTY. 189 

for three years and Wolcott for two years; but Stur<,ns' first term was 
only for one year, as decided by lot when county court was first organized. 
We cannot solve the puzzle. 

For county treasurer, John Fagan received 44 votes; Wheten Chase 
received 1 vote. 

For county surveyor, Cyrus Sanders received 45 votes; John Eagan, 1 
vote, and David Switzer 1 vote. 

For assessor, S. B. Mulholland received 44 votes. 

This vote was merely complimentary, for Trowbridge was still sheritT 
and therefore ex officio assessor, as the law then stood; so of course Mul- 
holland did not qualify, or act as assessor. 

For coroner, John Hawkins received 45 votes. • 

For constable, John Royal received 25 votes; John Trout, 28; David 
Cox, 28; Peter Crumen, 15; Wm. C. Massey, 15; A. D. Stephens, 8. 

Some of Stephens' votes were marked "for sheriff," and one vote was 
cast for S. C. Trowbridge for sheriff; but as there was no sheriff to be 
elected at this time, of course these votes were cast as a matter of sport, 
or else from not knowing the legal statu quo. 

FIRST OFFICERS OF THE COUNTY. 

The following list has been carefully compiled from every source where 
authentic information could be obtained, the county records being greatly 
deficient. 

First S her iff. S. C. Trowbridge, from May, 1838, till 1842. First 
appointed as deputy sheriff by Sheriff Tallman, of Cedar county ; then 
commissioned as sheriff by Gov. Dodge of Wisconsin territory; then recom- 
missioned by Gov. I^ucas of Iowa territory; then elected by the people in 
October, 1840. Resigned in September, 1842. 

First yustice of the Peace. — Robert Walker; commissioned by Gov. 
Lucas, in August, 1838, and held the office almost continuously for forty 
years. 

First County Commissioners. — Henry Felkner, William Sturgis, Abner 
Wolcott; elected at Napoleon, Sept. 10, 1838. 

First County Recorder. — I. P. Hamilton, elected Sept. 10, 1838. 

First County Treasurer. — ^John Eagan, elected Sept. 10, 1838, but failed 
to qualify; and on April 1, 1839, the commissioners' court appointed 
Wheten Chase to fill the vacancy. [Chase died in Tama county, in 1870.] 

First County Assessor.—'^. B. Mulholland, elected Sept. 10, 1838, but 
failed to qualify; and on April 1, 1839, the county commissioners 
appointed S. C. Trowbridge to fill the vacancy. 

First Constables. — Peter Crum and William C. Massey; elected Sept 
10, 1838. 

First County Clerk. — Luke Douglas, appointed by the commissioners' 
court March 29, 1839, its first session. 



190 HISTORY OF JOHNSON COUNTY. 

First County Surveyor. — Cyrus Sanders, elected first Monday in 
August, 1839. 

First County Coroner. — John Hawkins, elected in August, 1839. 

First Member of Legislature from yohnson County. — S. C. Hastings, 
elected in August, 1839. 

First yndge. — Joseph Williams, of Muscatine, who opened the first 
district court in Johnson county, on the second Monday in May, 1839, 
(2d judicial district.) 

First Clerk of Court. — Luke Douglas, appointed by Judge Williams at 
this time. * 

First Prosecuting Attorney. — T. S. Parvin; commissioned by Gov. 
Lucas, for the second judicial district. The county records show that on 
January 1, 1840, the sum of $65.00 was allowed to T. S. Parvin, Esq., for 
services rendered to the county, as prosecuting attorney, in and for the 
county of Johnson. 

First fudge of Probate. — William McCormick, elected in October, 

1840. 

First Post mastci . — John Gilbert, appointed postmaster at Napoleon, 
March 2, 1839; died the next day after his commission arrived. William 
Harris was next appointed, April 18, 1839. Before this, Bloomington 
[now Muscatine] was the post-office town of our settlers, it being their 
nearest steamboat landing and trading point on the Mississippi river. [See 
article on " Postmasters of Iowa City."] 

FIRST PUBLISHED COUNTY TICKETS. 

The first regular party tickets for the county offices and legislature, 
which are preserved in the newspaper files of the time, were those nomi- 
nated bv the respective parties in 1842. And it may be some comtort 
to candidates, to be assured that the Johnson county partisan newspapers 
of 1842, were as furiously "red hot" on the private, personal and public 
character of their respective opponents as any newspaper of the present 
time can attempt to be. In looking over the campaign numbers of those 
early newspapers, one is led to imagine that their editors wrote with pens 
made of eagle's claws, dipped in aqua fortis. Our more modern lead- 
pencil campaigners are tame in comparison. In fact, such vials of ven- 
omous vituperation as were then poured out in unstinted measure 
would hardly be tolerated in any communitv now. We give the two 
party tickets of that year, as showing who then stood as standard bearers 
of the divided politics of 1842. 

JOHNSON COUNTY WHIG TICKET. 

For Member of Territorial Council — Dr. Jesse Bowen. 

For Representative — James Trimble. 

For Sheriff — Daniel Hess. 

For Recorder — William L. Gilbert. 



« 



HISTORY OF JOHNSON COUNTY. 191 

Kor Commissioner — ^John Parrott. 
For Treasurer —^d.w3iX 6. Foster. 

For 'Justices of the Peace — John Hawkins, Robert Walker and I. M. 
Preston, 

For Clerk of Commissioners'' Court — Charles H. Berryhill. 

For Coroner — J. M. Headly. 

For Assessor — Georore Wein. 

For Constables — Daniel Sink, Williarn Goodrich and Elijah Walker. 

DEMOCRATIC NOMINATIONS. 

For Council — Pleasant Harris. 

For Representative — Henry Felkner. 

For Sherif—'^2\\*tr Butler. 

For Commissioner — Nathaniel Fellows. 

For Recorder — Jesse Berr3\ 

For Treasurer — Thomas Snyder. 

For Clerk of Commissioners'' Court — Stephen B. Gardner. 

For Coroner — Thomas Ricord. 

For Assessor — E. K. Morse. 

IOWA CITY PRECINCT. 

For fust ices of the Peace — F. H. Lee, A. D. Stephens and Eli Myers. 
For Constables — Hiram Watts, Wm. P. Doty and J. I. Burge. 

HISTORIC PRESIDENTIAL VOTES. 

The year 18.56 was a historic year, from the fact that the Republican 
party was organized at that time, and had its first national presidential 
ticket in the field. Hence, the vote of Johnson county for the presidential 
candidates of that year should be preserved for reference and instruction: 

Republican Democratic Whig 

Candidate, Candidate, Candidate, 

Township. John C Fremont James Buchanan Milhird Filmore 

Iowa City 595 470 SO 

Cedar 55 22 22 

Big Grove 89 57 14 

Jefferson 10 16 29 

Monroe ... 43 20 14 

Oxford 20 37 6 

Clear Creek 9 38 11 

Penn 63 28 23 

Newport 70 59 2 

Scott 88 17 7 

Pleasant Vallev 84 60 4 

Liberty \ 6 64 27 

Washington 36 47 62 

Union 47 26 3 

Total 1215 961 282 



192 HISTORY OF JOHNSON COUNTY. 

THE ELECTION OF 1860. 

This was the Presidential year, which culminated in the Southern 
Rebellion, and its succeeding war. There were four Presidential candi- 
dates — Abraham Lincoln, Republican; Stephen A. Douglas, Northern 
Democrat; John C. Breckenridge, Southern Democrat; John Bell, old 
line Whig. The vote of Johnson County stood as follows: 

Townships. Lincoln. Douglas. Bell, ^jf^gg"' 

Big Grove 92 108 

Cedar '80 40 

Clear Creek 33 65 

Fremont 82 43 4 

Graham 95 45 2 

Hardin 30 34 3 

Iowa City 627 615 30 17 

Jefferson 35 31 25 

Liberty 17 79 5 

Madison 52 32 4 

Monroe 64 28 

Newport 66 66 

Oxford 41 55 

Penn 78 32 2 

Pleasant Valley 110 35 7 1 

Scott 112 20 .. 2 

Sharon 72 41 3 

Union 52 32 

Washington 66 47 26 6 



1804 1448 111 26 

PRESIDENTIAL VOTE IN 1872. 

* 

The presidential campaign of this year presented one of the strangest 
anomalies that has ever occurred in the history of human governments. 
The Democratic party took for its candidate Horace Greeley, founder 
of the JVezv York Tribune, who had been for more than a quarter of a cen- 
tury the most untiring, uncompromising and widely influential aw//-demo- 
cratic editor in the nation. He had also been an original anti-slavery 
man, and finally a down-right "abolitionist" of national fame and influence, 
so hated and berated in the slaveholding south that if caught there he 
would have been hung to the first tree at hand. Yet this year the slave- 
holder ex-rebels of the south supported him as their candidate for Presi- 
dent; and likewise many Republicans throughout the north, who were 
ready and willing to meet these subjugated southern brethren half way, 
and "clasp hands across the bloody chasm" of the terrible civil war, joined 
them in the support of Mr. Greeley. These facts in the case make the 
presidential vote of this year one full of curious and historic interest in 
every precinct; and hence we here preserve the official returns of this 
election in Johnson County: 



HISTORY OF JOHNSON COUNTY. 193 

Township. For Gen. Grant . For Horace Greeley. 

Big Grove 79 103 

Cedar 00 38 

Clear Creek 59 5^ 

Fremont 105 41 

Graham 74 70 

Hardin 57 77 

Iowa City — North Precinct 332 470 

Iowa City — South Precinct 448 316 

JetTerson 31 7(5 

Liberty 32 76 

Lincoln 83 28 

Madison . ., 48 57 

Monroe 58 47 

Newport 30 56 

Oxford 94 89 

Penn 72 31 

Pleasant Valley 76 50 

Scott 119 49 

Sharon 100 59 

Union 60 61 

Washington 92 36 



2109 1889 

VOTE ON THE WORD "w^HITE," AND LICENSE. 

On August 3, 1857, a vote was taken on a proposition to strike out the 
word "White" from the Constitution of Iowa, so that colored men might 
become voters and have the same civil rights and protection that white 
men have. And at the same election the voters were also to decide 
whether a license law for the sale of intoxicating liquors should be adopted 
instead of the prohibitory law then in force. The result of this historic 
vote is herewith given by townships: 

Strike out the j ■ 

Townships. word "white"? ■L.icense. 

Yes. Xo. For. Ag'st 

Iowa City 54 691 702 185 

Big Grove 6 113 76 

Cedar 15 32 25 1 

Jefferson 41 15 8 

Monroe 9 38 26 16 

Penn 4 QQ 66 4 

Clear Creek 54 1 7 

Washington 64 37 13 

Union 17 16 7 

Liberty 2 85 80 4 

Pleasant Valley 1 69 ..3 

Scott 15 16 26 7 

Newport 5 66 30 12 

Oxford 7 48 25 17 

Fremont 3 77 47 

Graham 6 33 27 4 



127 1510 1199 288 



194 HISTORY OF JOHNSON COUNTY. 

CALENDAR OF COUNTY OFFICERS. 

ComfJete from May^ iSjS^ till October, 1882 — a period of more thanforty- 
Joiir years. 

SUCCESSIVE SHERIFFS. 

183S — Samuel C. Trowbridge, democrat; appointed by Gov. Dodge, 
territoral governor of Wisconsin. Re-appointed by Robert Lucas, first 
territorial governor of Iowa, in 1839. Was elected by popular yote in 
1840. Resigned in September, 1842, about a month before the expira- 
tion of his term, and was the same day sworn in as postmaster of Iowa 
City. [See article on "Postmasters of Iowa City."] 

1842 — Walter Butler, democrat, (died in office.) 

1844 — M. P. McAllister, first appointed by Gov. Chambers, to fill the 
Butler vacancy, was afterward elected. Whig. 

1846 — George Paul, democrat. This year the government was 
changed from territorial to state form, and count}' elections changed from 
the even to the odd years. 

1847 — ^John D. Abel, democrat; re-elected in 1849. 

1851 — Gilbert E. DeForest, whig — afterward a republican. 

1853— S. B. Mulholland, democrat. 

1855 — J. W. Howard, old line whig. 

1857 — Edgar Harrison, democrat. 

1859 — John Wilson, republican; re-elected in 1861-63-65. 

1867 — Samuel P. McCadden, democrat; re-elected in 1869-71-73, and 
died in office. 

1874 — M. Cavanagh, appointed to fill the McCadden vacancy, and then 
elected at a special election. Re-elected at the regular election in 1875. 
Democrat. 

1877 — ^John Coldren, democrat. Re-elected in 1879-81. Present 
sheriff; Oct. 1, 1882. 

SUCCESSIVE CLERKS. 

1839 — Luke Douglas, appointed by the county commissioners, March 
29, 1839. Appointed clerk of the district court by Judge Williams, May 
13, 1839. 

1840 — ^July 9, Mr. Douglas resigned, and Stephen B. Gardner, demo- 
crat, was appointed by the count}' board. He continued to hold the office 
by successive appointments from this until 1851, when the duties of pro- 
bate judge and county commissioners were merged into one officer called 
county judge. F. H. Lee was elected county judge, and kept the records 
mostly himself. The officer of Clerk of the District Court, had hereto- 
fore been filled by the county clerk, on appointment of the district judge. 
But now it was made an elective office by itself; and in August, 1852, 
Samuel J. Hess, whig, was elected by only three majority over Gardner. 
For Hess, 435; for Gardner, 432. Mr. Gardner finally removed to Kan- 
sas. 

1852 — Samuel J. Hess, whig. Re-elected in 1854. 

1856 — Salathiel Batchellor, republican. Re-elected in 1858. 

1860— Henry E. Brown, republican. 

1862 — Thomas J. Cox, democrat. 

1864 -John C. Culbertson, republican. 

1866 — Fernando H. Lee, republican. 

1868 — Benjamin King, democrat. 

1870— Jacob C. Switzer, republican. Re-elected in 1872. 



HISTORY OF JOHNSON COUNTY. 195 

1874 — George W. Koontz, democrat. Re-elected in 1S7G and 1878. 
1880 — Stephen Bradley, democrat. 

SUCCESSIVE TREASURERS. 

1838 — John Eagan, elected Sept. 10, but failed to qualify, and Wheten 
Chase was appointed by the county commissioners, April 1, lis;j9. Yet 
the records of 1840 show that John Eagan was treasurer, for he made a 
settlement as treasurer in October of this year; and lie was also deputy 
sheritT. 

1840 — Dr. Ezra Bliss, whig. In October of this year (Oct. 28), treas- 
urer Bliss was reported absent and the office vacant. James Lee was 
then appointed to fill the vacancy. February 8, 1841, Bliss and Lee both 
resigned, and an election was called on March 6, 1841, to fill the vacancy, 
therefore 

1841 — Wm. R. Harrison, democrat, was elected. 

1842 — Thomas Snyder, democrat. Re-elected in 1844-40. 

1848 — Hiram Watts, democrat, treasurer and recorder. April 23, 
1850, Watts having gone to California, was repotted absent. The office was 
deemed vacant; Gordon Hutchinson was appointed to fill the vacancy, 
with instructions to proceed and collect the taxes of 1846-47-48-49. 

1851 — Samuel Workinan, democrat, recorder and treasurer. 

1853 — S. H. Gardner, democrat, treasurer and recorder. 

1855-^Thomas Hughes, democrat, treasurer and recorder. Re-elected 
in 1857, republican. 

1859 — ^James Borland, democrat, was declared elected by the board, 
but a contest in court proved that J. G. Sperry, republican, was elected, 
and accordingly he served the term. 

1861 — ^Joseph H. Deacon, republican. Re-elected in 1863, and died 
the same year. Thomas M. Banberry was appointed to fill the vacancy 
till the election of 1864. 

1864 — A. C. Younkin, republican, was elected to serve out Deacon's 
unexpired term. This year the offices of recorder and treasurer were 
made separate — the first to be elected in the even years, and the latter in 
the odd years. 

1865. — A. C. Younkin, re-elected. Re-elected again in 1867. 

1869— A. J. Hershire, democrat. Re-elected in 1871. 

1873 — Lowell Swisher, democrat. Re-elected in 1875. 

1877— Charles M. Reno, democrat. Re-elected in 1879. 

1881 — Hugh McGovern, democrat. Present incumbent, Oct. 1, ls^v2. 

SUCCESSIVE RECORDERS. 

1838—1. p. Hamilton, whig, elected Sept. 10. Mr. Hamilton was dis- 
tinctly elected as recorder. 

1840— Jesse Berry, democrat, was elected as recorder. But thereafter 
the duties of this office seem to have been performed by the clerk of the 
district court for some years, and was finally united with the office of 
treasurer. 

1848— Hiram Watts, democrat, elected as recorder and treasurer. 
And from this on, till 1864, the recorder and treasurer were the same. 
See " Successive Treasurers" for the names of incumbents during that 
period. 

1864 — November .8, John B. Lee was elected recorder for two years; 
at the same time A. C. Younkin was elected treasurer till January 1, 1866. 



196 HISTORY OF JOHNSON COUNTY. 

The two offices having now been made separate, and elective in alternate 
years, so that the next election of treasurer would occur at the fall election 
in 1865. [See "Successive Treasurers."] 

1866 — ]. S. Lodore, republican. Re-elected in 1868. 

1870 Wm. J. Huti; democrat. 

1872— George W. Hand, republican. Re-elected in 1874. 

1876 — Alexander L. Sorter, democrat. Re-elected 1878-80. Resigned 
in April, 1883, and Willis C. Wheden was appointed by the countv board 
to fill the vacancy. 

SUCCESSIVE AUDITORS. 

Up to 1851 the county court consisted of three commissioners. The 
first board, elected in 1838, consisted of Henry Felkner, William Sturgis 
and Abner Wolcott. The last board of commissioners were A. Gilliland, 
George Fesler and David Wray. During the continuance of this system, 
the board audited the public accounts. But the law was changed so that 
in 1851, a county judge was elected, for the combined duties of judge of 
probate, county commissioners, auditor and clerk; and at this time. Fer- 
nando H. Lee was elected as the first county judge, serving also as audi- 
tor. This system continued until the separate office of auditor was created 
by act of the legislature, April 7, 1868, and the county judgeship abol- 
ished. James Cavanagh had been elected in 1867 as county judge and 
auditor, and continued to hold as auditor until — 

1869 — Garrett D. Palmer, democrat, was elected. Re-elected 1871-73. 

1875 — A. J. Hershire, democrat. Re-elected 1877. 

1879 — Arthur Medowell, republican, present incumbent, Oct. 1, 1882. 

SUCCESSIVE COUNTY JUDGES. 

At the county election of 1838, no judge of probate was elected. 

1839 — Pleasant Harris, democrat, was elected in April, as judge of pro- 
bate. 

1810 — William McCormick, whig, judge of probate, elected in October. 

1813 — ^John Hawkins, whig, was elected judge of probate, and was 
re-elected from term to term until April 11, 1850, when he resigned, and 
George S. Hampton was appointed to fill the vacancy. The next year 
this office was combined with the new office of county judge, which took 
the place of the board of three commissioners; hence we have 

1851 — Fernando H. Lee, democrat, elected as the first county judge. 
Re-elected in 1855, as a republican. 

1857— George W. McCleary, democrat. Re-elected in 1859 and 1861, 
the term having been changed from four to two years. 

1863 — John Williams, republican. 

1867^ames Cavanagh, democrat. With his term, this office became 
extinct, but he continued to be county auditor until 1869, when G. D. 
Palmer was elected. 

SUCCESSIVE SURVEYORS. 

1839 — Cyrus Sanders, democrat, elected in August, 1838, and was con 
tinned in the office clear up to 1855. 
1855 — Edward Worden, democrat. 
1857 — Cyrus Sanders, again. 



HISTORY OF JOHNSON COUNTY. 197 

1859--p. J. Davies, republican. Killed at the battle of Cedar Creek 
in Virginia, 1864. 

1861 — James Dawson, repubilican. 

1863 — Phineas Cowgill, republican. 

1865 — Daniel A. Shafer, republican then. 

1867 — Edward Worden again. 

1869 — Christian Hess, democrat. 

1871 — Edward Worden, third time; and re-elected in 1873. 

1875— H. N. Berry, democrat. 

1877 — Charles P. Bacon, democrat. 

1879 — Daniel A. Shafer, democrat. 

1881 — Edward Worden; his fifth election to the office. 

SUCCESSIVE CORONERS. 

1839 — John Hawkins, whig, elected in August, 1839. 
1840 — I. P. Hamilton, whig, elected in October. 
1842 — Thomas Ricord, democrat, elected in August. 

[From 1844 to 1850 no names of coroners could be ascertained ; but as this 
office always "went a-begging" (there was neither honor nor profit in it), 
it is supposed that whoever was elected from term to term failed to qual- 
ify — and that in reality there was no coroner.] 

1851 — Daniel S. Warren, democrat. 
1853 — Thomas Cahill, democrat. 
1855 — F. Thompson, whig. 
1857 — Charles McGovern, democrat. 
1859 — John West, republican. 
1861 — Dr. Frederick Lloyd, republican. 
1863 — Benjamin Owen, republican. 

1865 — O. Startsman, republican ; he failed to qualifiy, and Dr. F. Lloyd 
was elected in 1866 to fill the vacancy. 
1867— Chas A. Vogt, democrat. 
1869— R. W. Pryce, republican. 
1871 — B. F. Graham, democrat. 

1873— Dr. Henry Murray, republican. Re-elected in 1875-77. 
1879— F. Mueller, democrat. 

SUCCESSIVE COUNTY SUPERINTENDENTS. 

This office first appears in 1858, at the October election, when there 
were three candidates, who received votes as follows: H. W. Lathrop, 
republican, 1185; J. H. Boucher, democrat, 940; Wm. W. Woods, old 
line whig, 138. Hence: 

1858— H. W. Lathrop, republican. 
1859 — R. H. Sylvester, democrat. 
1861 — David J. Davis, republican. 
1863— W. J. Haddock, republican . 
1865 — Samuel D. Pryce, republican. 
1867 — George S. Hampton, democrat. 

1869— R. L. Ganter, democrat. Mr. Ganter was the Episcopal minis- 
ter; he went back to New York the same month of his election, and 

13 



198 HISTORY OF JOHNSON COUNTY. 

never qualified. Prof. T. S. Parvin was appointed by the county board, 
October, 1869, and served the entire term. 

1871 — George S. Hampton, again. 

1873 — Amos Hiatt, republican. 

1875— J. M. Curry, democrat. Re-elected in 1877. 

1879 — Wilson Blain, democrat. Re-elected in 1881. 

REPRESENTATIVES IN LEGISLATURE. 

1838 — Robert G. Roberts, whig, of Cedar county; represented Cedar, 
Johnson and Muscatine counties. 

1839 — S. C. Hastings, democrat, and T. T. Clark, whig, both of Mus- 
catine, were elected to represent Muscatine and Johnson counties, as one 
district. 

1840 — Henry Felkner, democrat, was elected to represent Johnson 
county alone, and Hastings was elected to represent Muscatine and John- 
son counties in the council, or upper house [senate]. This election of 1840 
occurred in October; but thereafter it was to be held on the first Monday 
of August. [See legislative act of January 15, 1840.] 

1841 — Henry Felkner was re-elected; and again re-elected in 1842. 

1843 — James P. Carleton, democrat. These elections occurred in 
August. 

1844 — Instead of representatives to territorial legislature, this year Sam- 
uel H. McCrary, whig, and ex-Gov. Robert Lucas and Henry Felkner, 
democrats, were elected in April to a convention for framing a state con- 
stitution. But the constitution was rejected by a popular vote in April, 
1845; and at the same time 

1845 — (April) Hugh D. Downey was elected representative in the ter- 
ritorial legislature. August 4, of this year, the proposed state constitution 
w^as voted on again, and again rejected, because the state boundary as 
fixed by congress was unsatisfactory. For the constitution, 7,235; against 
it, 7,656. 

1846— Aug. 3, 1846, another state constitution was voted on, resulting, 
for it, 9,492; against it, 9,036 — adopted by 456 majority. Under this con- 
stitution an election was held on Oct. 26 for state officers and legislators. 
Two citizens of Johnson count}^ were elected to state otiices at this time, 
to-wit: Joseph T. Fales, first state auditor, and Morgan Reno, first state 
treasurer. [See article on "State Organization.''] The new state legisla- 
ture met at Iowa City, Nov. 30; and on Dec. 28, Iowa was by act of con- 
gress admitted to the Union as a state. Hence — 

1846 — Smiley H. Bonham, democrat, was elected in October, as the first 
representative in the state legislature from Johnson county. Re-elected in 
1848. The territorial term had been for one year; the state term was for 
two years. 

1850-^Gilman Folsom, democrat. Re-elected in 1852, (August elec- 
tion), to represent Johnson county; and Robert M. Hutchinson to repre- 
sent the district composed of Johnson, Iowa and Poweshiek counties. 

1854 — Samuel H. McCrary, whig, elected as county representative; 
and RoUa Johnson, whig, as district representative. 

1856 — Geo. D. Woodin, republican, county representative, and Thomas 
Inskeep district representative. During the winter of 1856-57 the legisla- 
ture found Johnson county having population enough to entitle her to two 
full representatives, instead of sharing a part of her second one with two 
other counties. Hence we have — 



HISTORY OF JOHNSON COUNTY. 199 

1857 — John Clark, democrat, and James Cavanagh, democrat. 

1859 — Rush Clark, republican, and Geo. T. Davis, republican. 

1861 — Rush Clark re-elected; and S. H. Fairall, democrat. 

1863 — Robert S. Finkbine, republican, and Warren Spurrier, republi- 
can. 

1865 — R. S. Finkbine re-elected; and Gilbert E. DeForest, republican. 

1867 — John P. Irish, democrat; and J, Y. Blackwell, democrat. 

1869 — John P. Irish re-elected, having received 1,862 votes. The next 
highest vote, as recorded, was for A. B. Cornell, republican, 1,792; next, 
George Paul, democrat, 1,789; next, David Stewart, repulican, 1,784. 
What purports to be the vote by townships is recorded on page 259 of the 
"Election Book" (Penn township being omitted), but the certiticates of the 
canvassing board for this whole election (October, 1869), were not 
recorded. The fact was, the board rejected the vote of Penn township 
for some informality, which left Cornell with a small majority, and they 
gave him a certificate of election ; but Stewart contested the matter before 
the legislature, and this body decided that the Penn township vote should 
have been counted ; this made a majority in the county for Stewart over 
Cornell; so David Stewart, republican, served that term. 

1871 — John P. Irish, re-elected again ; and George Paul, democrat. 

1873 — George Paul, re-elected; and John Hindman, democrat. 

1875 — Rush Clark, elected again; and Charles W. McCune, repub- 
lican, 

1877 — Moses Bloom, democrat; and George Paul, elected again. 

1879 — Moses Bloom re-elected; and Lewis R. Wolfe, democrat. 

1881 — Edward W. Lucas, democrat (son of Robert Lucas, the first 
Governor of Iowa Territory); and Lewis R. Wolfe, re-elected. 

SENATORS. 

1838 — Charles Whittlesy, whig, of Cedar county, was elected to the 
territorial council from Cedar, Johnson, and several other counties. 

1840 — S. C. Hastings, democrat, [of Muscatine] elected to represent 
the district comprising Muscatine and Johnson counties in the territorial 
legislative council — equivalent to what is now called the State Senate. 

1842 — Pleasant Harris, democrat. 

1844— 

1846— Thomas Hughes, democrat, elected in October. In drawing lots 
for two and four year terms, Hughes got a short term. 

1848 — Freeman Alger, democrat, elected for a four year term. 

1852— George D. Crosthwait, whig. In the spring of 1854 Crosthwait 
went to California, and his office was vacant. Hence — 

1854 — Samuel Workman, democrat, was elected in August, to fill the 
vacancy. 

1856~Samuel J. Kirk wood, republican. Elected in November, for 
the term of four years, but in 1857 the new constitution was adopted, 
August 3, by a m^ajority of 1,630, and went into etlect September 3; it 
changed the time of electmg senators to the odd years, thus cutting one 
year off from Kirkwood's term. But in 1859 he was elected Governor. 

1859 — ^Jesse Bowen, republican. 

1863 — Ezekiel Clark, republican. 

1867 — Samuel H. Fairall, democrat. Re-elected in 1871. 

1875— Ezekiel Clark again. 

1879 — Dr. John C. Shrader, republican. 



200 HISTORY OF JOHNSON COUNTY. 

THE GRAND PARLIAMENT. 

January 7, 1861, the first county board under the new law providing for 
one member from each township, met, and organized by electing Andrew 
Graham as chairman pro tern. On ballott, Hugh D. Downey was elected 
to serve as chairman during the year. Lots were drawn for one year 
and two year terms, and the final roll of this first grand parliament of 
the county was as follows: 

Township. Member. Term. 

Big Grove Joseph Beuter 1 year. 

Hardin O, B. Barros 2 3'ears. 

Scott A. Beach 2 

Pleasant Valley G. E. DeForest 1 

Iowa City H. D. Downey 2 

Liberty Geo. Fessler 1 

Monroe James Fogg 2 

Graham Andrew Graham 1 

Union Phineas Harris 1 

Newport Bradford Henyon 2 

Iowa City S. H. McCrary 1 

Sharon Joseph P. Miller 2 

Washington E. Patterson 1 

Oxford James Remley 2 

Cedar Gideon Steenberger ... 2 

Clear Creek William Wolfe 1 

JetTerson Thomas Graham 2 

Madison Lewis R. Wolfe 1 

Fremont M . L. Morris 2 

Penn.- J. W. Stow 1 

TOO MANY OFFICE-HOLDERS. 

For some years previous to October, 1870, the county board consisted 
of one member from each township; but this was found to be too unwieldy, 
cumbersome and costly a body of men just to do a little county business. 
Hence, the legislature made a change, providing that the county board 
should consist of not less than three members; but the people of any county 
might by popular vote increase the number to five or seven, if they thought 
best. Accordingly, at the October election of 1870, in Johnson county, 
three county commissioners, to-wit: M. J. Morsman, L. R. Wolfe and 
Samuel Spurrier, were elected. But at the same time the people voted on 
the question, whether the number should be increased to seven, and on this 
the vote stood 1,164 in favor and 2,005 against the increased number of 
members. A cold wave of " retrenchment" had struck the county, and it 
was thought three men could do the w^ork better, or at least at less cost, 
than seven, and to cut down expenses was now the order of the day, 
everywhere. 

At the general election in November, 1872, another vote was taken on a 
proposition to increase the county board, five being the number proposed 



HISTORY OF JOHNSON COUNTY. 201 

this time, and on this question the vote stood, 2,260 in favor of increasing 
the number of members from three to five, and 821 votes against it. 

HIGHER POLITICAL HONORS. 

The following Johnson county men have held state or national offices: 

Robert Lucas — first Territorial Governor of Iowa — 1838-39-40. 

Joseph T. Fales — first State Auditor, elected in 1846. 

Morgan Reno — first State Treasurer, elected in 1846; was Territorial 
Auditor in 1840. 

James Harlan — State Superintendent of schools in 1846-7-8; United 
States Senator from 1855 to 1865; then resigned, and Kirk wood was 
elected to fill vacancy. Harlan was again Senator from 1866 to 1872. 

Samuel J. Kirkwood — Governor of Iowa in 1859-60-61-62. Elected 
again in 1875. United States Senator in 1866; again elected in 1877. Sec- 
retary of the Interior in President Garfield's Cabinet in 1881; resigned in 
April, 1882. 

John Pattee — State Auditor; in 1855 appointed to fill vacancy; elected 
in 1856 to 1859. 

Rush Clark — Representative in Congress in 1876; re-elected in 1878. 
Died in Washington City, April 28, 1879. 

Wm. E. Miller— Judge of Supreme Court in 1864; Chief Justice, from 
1874 to 1876. 

T. S. Parvin— Register of State Land Ofiice from 1857 to 1859. 

George Paul— State Printer, 1840 to 1849. 

John Teesdale— State Printer, 1857 to 1861. 

Wm. Pattee— State Auditor, 1850 to 1854. 

Martin L. Morris — State Treasurer, 1852 to 1859. 

SUCCESSIVE POSTMASTERS OF IOWA CITY. 

From the great heap of historical driftwood, which Col. Trowbridge 
has kept to mulch his memory with, an old yellowish brown paper was 
raked out, which furnished the basis of the following sketch: 

The post-office of Napoleon, Johnson County, Iowa, was established 
March 2, 1839; and the successive postmasters from that time to this 
have been — 

John Gilbert — appointed March 2,1839; Martin Van Buren, president. 
At this time it was the prerogative of the Postmaster General to appoint 
the minor postmaters. Amos Kendall was Postmaster General, and his 
name was signed to Gilbert's commission. It arrived here about the mid- 
dle or 20th of March; but Gilbert was then in a dying condition (died 
within a day or two afterward) and the document was never shown to 
him. 

Wm. M. Harris — appointed April 18, 1839, by Postmaster General 
Kendall. This appointment was an episode of the struggle between rival 
settlements in the county, each striving to secure the county seat — the 
Gilbert neighborhood standing for Napoleon, and the Harris neighbor- 
hood standing for Osceola. A historical Atlas of Johnson county, pub- 
lished in 1870, says ihe Jifsl post-office in the county was in Liberty town- 
ship, the name of the first post-office was "Osceola," and Wm. Harris 
was the Jirst postmaster — three firstling errors in as many lines. There 
was never any post-office here at all named Osceola; Napoleon was not 
in Liberty township; and John Gilbert zcas the first appointed postmaster 



202 HISTORY OF JOHNSON COUNTY. 

in the county — Mr. Harris the second. He was a young man — -had no 
home of his own, but lived with his father, Pleasant Harris (generally 
known as "Judge Harris,") and kept the post-office at his father's house. 
This was on the west side of the river, where it bends to the eastward and 
so throws the southwest quarter of section twenty-three on the west side, 
in Liberty township. The house stood a short distance above the mouth 
of Old Man's creek, just where Sterling Stagg now lives (1882). This 
was about four miles below the Napoleon town site, and on the offosite 
side of the rivc7\ which was a great annoyance and aggravation to the 
Napoleonites. But they took measures as quickly as possible to report 
their case at Washington. In connection with this post-office struggle 
there were schemes and counter-schemes, and tampering with the mails 
between Napoleon and Bloomington (Muscatine); but the story is too 
long and unimportant to be worth the space it would take to tell it in 
print. Suffice to say, there was soon a change of postmasters at Napo- 
leon, and also at the little post-office called Lucas, where the Bloomington 
road crossed Cedar river. Here the Napoleon mails had been " doc- 
tored." 

Samuel H. McCrory — appointed by Postmaster-General Kendall, July 
4, 1839. McCrory kept the office at his house on section thirteen, Lucas 
township, right where his fine residence called Virginia Grove now stands, 
(1882;) but as soon as it was possible to get a room in Iowa City, he 
opened the post-office there, in the store of Charles S. Foster. 

Chauncy Swan — appointed by Postmaster General Kendall, Nov. 14, 
1839. And at the same time the name was changed from Napoleon to 
Iowa City post-office. And thus Napoleon was snuffed out. 

James M.Hawkins — appointed Sept. 2, 1841, by Frank Granger, P. M. G. 

Samuel C. Trowbridge — appointed Aug. 3, 1842, by Charles A. 
Wickliff, P. M. G. Sworn in, Sept. 20, the same day he resigned the 
office of sheritF. 

James P. Bradshaw — appointed April 27, 1849, by Jacob Collamer, P. 
M. G. 

Anson Hart — appointed Aug. 13, 1851, bv President Millard Filmore. 
N. K. Hall was now Postmaster General, but the appointing power had 
by this time been vested in the President direct, instead of his postal sec- 
retary as before. 

George Paul — appointed April 6, 1853, by President Frank Pierce. 
James Campbell was the P. M. G. 

William Vogt — appointed Ma}- 10, 1854, by President Pierce. (This 
was Dr. Vogt, a favorite and influential man among the German people). 

Arthur B. Stillwell — appointed June 4, 1857, by President James Buch- 
anan, A. B. Brown, P. M. G. 

Samuel Workman — appointed April 6, 1859, by President Buchanan. 

Joseph E. Fales — appointed Aug. 31, 18G0, by President Buchanan. 
Joseph Holt was now P. M. G. 

James R. Hartsock — appointed April 30, 18()1, by President Abraham 
Lincoln. Montgomery Blair was Postmaster General. Mr. Hartsock 
was re-appointed by President Lincoln, April 11, 18G5, only three days 
before his assassination. 

George W. Clark — appointed Aug. 22, 1866, by President Andrew 
Johnson. Alexander Randall was the P. M. G. 

Edward W. Lucas — appointed May 1, 1867, by President Johnson. 



HISTORY OF JOHNSON COUNTY. 203 

James R. Hartsock again — appointed this time by President U. S 
Grant, April 21, 1869. 

N. H. Brainerd — appointed by President Grant, May 17, 1872, and 
assumed the duties of the office on the 8th day of June. 

Benjamin Owen — appointed by President Grant, July 24, 1876. 

Jacob Ricord— appointed by President Rutherford B. Hayes, June 14, 
1880, and still holds the office, Oct. 1, 1882. 

POST MASTERS AND POST OFFICES OF JOHNSON COUNTY, OCT. 1, 1882. 

Name of Office. Township. Postmaster. 

Amish Washington Charles Yoder. 

Bon Accord Liberty Joseph Hirt. 

Chase Madison O. G. Babcock. 

Coralville Lucas .J. H. Clark. 

Danforth Monroe B. Beyer. 

Frank Pierce Washington Elias Fry. 

Gregg Monroe David Simonton. 

Iowa City Iowa City Jacob Ricord. 

Lone Tree -. Fremont A. W. Leonard. 

Morfordville Pleasant Valley M. Smith. 

Morse Graham M. E. Freeman. 

North Liberty Penn Harry A. White. 

Oasis Graham D. E. M'Clellan. 

Oxford Oxford J- M. Templeman. 

River Junction Fremont J. D- Musser. 

Sharon Center Sharon G. Hertlein. 

Shoo Fly Fremont John Henry. 

Shueyville Jefferson John W. Deen. 

Solon Big Grove C. G. Swafford. 

Tiffin Clear Creek Bryan Dennis. 

Windham Hardin Owen Slater. 

All former post-offices not named in the above list had been discontinued 
prior to Oct. 1, 1882. There is no post-office within the following town- 
ships: Lincoln, Scott, Newport, Cedar and Union. 

EARLY CENSUS REPORTS. 

Year. Population. Year. Population. 

1838 237 1846 3,000. 

1840 1,504 1847 3,387. 

1844 2,949 1849 4,010. 

See the following table by townships ior census reports from 1850 to 
1880: 



204 



HISTORY OF JOHNSON COUNTY. 



POPULATION OF JOHNSON COUNTY AT DIFFERENT PERIODS. 

NoTK.— The cities and villages are printed with their proper townships, but in black type, and also 
their figures are in black type, and are not included it the footings at the bottom, for they were already 
counted in the township figures. 

THIS TABLE WAS PREPARED FOR THIS WORK BY W. H, FLEMING, STATISTICIAN, OP DE8 

MOINES. 





1880 1 


1875 


1873 


1870 


1869 


1867 


1865 


1863 


1860 


1856 


1850 


Big- Grove 

Solon 


1363 

3N3 
963 
612 
47 

1210 
217 
25 
876 
K4 
16 
834 
33 

7123 
7123 


1311 


1252 


1358 


1263 


1179 


1064 


986 


954 


908 


382 


Cedar 


939 
754 


827 
698 


1094 
728 


992 
711 


815 
600 


804 
496 


830 
497 


789 
475 


526 

282 


145 


Clear Creek 


166 


Tiffin 




Fremont 


889 


1036 


965 


829 


697 


556 


560 


598 






Lione Tree 






Jliver Junction .... 






'"1619 




gis 














Graham 


880 


883 


627 


746 


694 


751 






Hlorse l^tation 






Oa^is 










405 


374 










Hardin 

Windham 


764 


733 


737 


583 


346 


312 


.... 




Iowa City 


6371 
6371 
147H 
1200 
2026 
I6.^H 
862 

""6i4 


64.54 
6454 
1579 
1292 
2026 
15.57 
842 

692 


8094 
.5914 


8682 
6583 


8498 
6418 


7106 
5417 


6011 
4417 


6547 
5214 


6.316 


1568 


Iowa City 

Ward 1 


1250 


'• 2 






* 














'* 3 




















4 




















Jefi'erson 

ShueyTille 


789 
108 

568 
48 
588 

1494 

347 

625 

941 

836 

1436 
560 
702 
604 
55 
897 

1159 
780 
999 
31 


900 
""640 


807 
""651 


744 
'658 


642 
"575 


600 
""518 


703 
558 


523 
"603 





Liberty 


382 


Mouth liiberty 

Lincoln 




568 

2213 

297 

693 

899 

746 

1009 


641 
2323 


t 
















Lucas 


* 
















Coralville 


















Madison 


726 

921 

716 

1149 


800 
1034 

814 
1043 


788 
869 
688 
891 


609 
790 
644 
749 


600 
660 
614 
608 


475 
652 
617 
576 








Monroe 

Oxford 


499 
538 
535 


493 
886 
309 


254 
301 


Penn 

Pleasant Valley 

Morfordsvllle 


694 
579 

'854 

1196 

713 

809 


599 
566 

"'r45 

1211 

756 

944 


676 

1189 


661 

1129 


619 

817 


485 

556 




620 
608 


1170 
679 


827 
796 


386 

287 


Sharon 

Union 


964 

1120 

790 

933 


854 

1084 

660 

891 


767 

1018 

530 

875 


733 
896 
493 
770 


664 
716 
410 
807 


694 
724 
398 
649 


683 

352 
953 


195 


Washingnton 

f^rank I*ierce 


392 
























Total 


25429 


24654 


24814 


24898 


23948 


21641 


18778 


17177 


17573 


14457 


4472 



*Up to 1870 Iowa City township included what is now called Lucas township, but in 1873-75-80, it only 
Included the City. 

tFormerly a part of Pleasant Valley township. 

^Formerly Iowa City township. 



CHAPTER II.— PART 2. 



COURTS AND CRIMES. 

First District Court — First Crimir.al Case (Gregg) — First Court in Iowa City — First Natur- 
alizations—A Gaug of Petty Tliieves— A $5,000 Robbery— The Boyd-Wilkinson Trag- 
edy. 

THE FIRST DISTRICT COURT IN THE COUNTY. 

The act organizing the county, approved June 22, 1838, provided for 
district court to be held on the second Mondays of August and Decem- 
ber. But a new law approved Jan. 21, 1839, changed the time to May 
and September. The first session of this court was held on the second 



HISTORY OF JOHNSON COUNTY. 205 

Monday of May, [May 13,] 1839, in the old "Gilbert trading house," then 
occupied by Wm. Dupont and his woman, Betsy Skinner, then supposed 
to be his lawful wife, but afterward proved not; for they were both 
indicted for fornication by the grand jury at the ver}^ next term of court, 
to-wit, on September 11, 1889. (Gilbert had died in March, only two 
months before this court session.) This house was not within the town 
limits of Napoleon, the lawful county seat, but was the nearest that any 
suitable building could be found for the purpose, and this contingency had 
been expressly provided for in the organizing act. About a hundred 
rods further south was "the Chase trading house;" and here was where 
the victuals and whisky were kept to carry on the court with. The 
officers of that first session of a criminal court in Johnson county were: 

Joseph Williams, judge of the second judicial district, and resided at 
Bloomington, now called Muscatine.* 

Samuel C. Trowbridge, sheriti". 

Luke Douglas was appointed clerk by the judge. 

Theodore S. Parvin, prosecuting attorney, (since widely known as 
Prof. Parvin.) 

THE FIRST JURORS. 

The court opened on Monda3^ On Tuesday the grand jury for the 
United States was called, and the following men answered to their names: 

Samuel H. McCrory, foreman (now deceased); John G. Coleman (de- 
ceased); David Sweet (deceased); Robert Walker (deceased); Nathaniel 
Fellows (deceased); John Gardner (went back to Indiana); David Sweit- 
zer (still lives in Liberty township); James Smith (deceased); James Doug- 
lass (deceased); Charles Jones (deceased); John A. Street (deceased); 
George W. Hawkins (deceased); John Gailor (went back to Illinois); 
Yale Hamilton (deceased); William Ward (moved to Oregon); Jonathan 
Harris (deceased); Samuel Walker (deceased). 

This jury found no business, and was discharged. But they were al 
immediately recalled as a grand jury for the Territory of Iowa. They 
found a "true bill" of indictment against Andrew J. Gregg, for "pass- 
ing counterfeit money," etc., and he was bound over to the next term of 
court; and it was "ordered that the prisoner be remanded to prison, or 
required to enter bail for his appearance at the next term with one or more 
sufficient securities, each in the sum of $600." 

The record further says: "The following good men and true, sum- 
moned as petit jurors, were called, and answered to their names:" , 

Philip Clark (still lives in Newport township); Henry Reddout (de- 
ceased); James Magruder (still lives in Fremont township; he served 

*An act of the territorial legislature, .Jan. 21, 1839, made the counties of Louisa, Musca- 
tine, .Jobuson with Linn attached. Cedar with Jones attached, and Shuiuhter, [now Wash- 
ington], to constitute the second judicial district; and named Joscpli Williams to be the 
district judge. Then Gov. Lucas ai>pointed T. S. Parvin to be prosecuting attorney for 
this district. 



206 HISTORY OF JOHNSON COUNTY. 

again on a jury in the same court forty-two years afterward, to-wit, in 
January, 1881); John I, Burge, (deceased); Samuel Bumgardner, (de- 
ceased); Jesse McCart (went back to Ohio); James S. Wilkinson 
(deceased); Asby D. Packard (still lives in Hardin township); Peter Crum 
(deceased); Green Hill (deceased); Elijah Hurley (deceased); William 
Kelso (deceased); John Trout (moved to Missouri); I. P. Hamilton, 
(moved to Wisconsin); Joel Do well (deceased); William M. Harris 
(moved to Linn county, Iowa); Alonzo C. Denison (moved to Kansas). 

No cases were tried at this term, and therefore the petit jury was per- 
mitted by the bailiff to " go a-fishing," as explained further on. 

The lawyers present, in addition to those holding some office, were: 

S. C. Hastings, afterwards Chief Justice of Iowa; (see foot-note to 
the election held at Napoleon in August, 1839); he was attorney here 
for the horse-thief, Gregg; Stephen Whicher, afterward U. S. District 
Attorney for Iowa; Ira C. Day, of Bloomington; Wm. E. Austin, who 
was, on motion of T. S. Parvin, " admitted, and took the oath of office 
as an attorney and councilor of this court." Young Austin wrote some 
comic verses about Judge Williams' fiddling for the prisoner, Gregg, to 
dance, which annoyed the judge very much. 

In proper time Judge Williams instructed the sheriff tp conduct the jury 
to a suitable place of retirement for their deliberations. There was no build- 
ing to be had. Every place was already full and running over. He there- 
fore led them out on to the prairie and gave them their metes and bounds. 
Gilbert creek (now called Snyder creek), about a mile to the east, was to 
be their eastern boundary; the big marsh was the boundary on the north, 
the Iowa river on the west, and the Bloomington (^novv Muscatine) ox-road 
on the south, (See diagram page 207.) This w^as to be the jury room, 
and comprised more than a half section of land. Some of the grand jurors 
wanted to go a-fishing, but the sheriff forbade any such trifling with the 
dignity and solemn duties of their high office. They might play cards, 
or drink whisky; but to go a-fishing would never do for a "g-rand jury" — 
that privilege was specially reserved for the pci/i jury. And accordingly 
the sheriff' named the trail leading from the old trading house where the 
court was in session up to Wapashasheik's town, to be the boundary or 
partition line between the grand jury and petit jury rooms, and set a 
bailiff' to guard the trail and see that no one crossed over. This effectually 
cut oft the icthyophagous grand jurors from "going a-fishing," for the 
river frontage was entirely on the petit jury side of the "Indian trial" road. 
That same Bloomington (Muscatine) road now forms the boundary or 
township line road between Lucas and Pleasant Valley townships. 

The only criminal business done was finding a bill of indictment against 
Andrew J. Gregg, the horse thief. (See "First Criminal Case.") 

The next term of the district court was held in Iowa City, on Sept. 9, 
10, 11, 1839. 



HISTORY OF JOHNSON COUNTY 



207 



A" 
A A 
A 

A A 

A 



Wapashasheili'B 
Indian Town. 



i Nortli. 



NAPOLEON 
TOWN SITK. 



□ 



Small 
iCabin. 



The Big Marsh. 



A A 

A A 
A AA 

A A 
A A _- 



Indian Trail 



Big Slough. 



; o 



S a 



: si 



1 1=3 



DIAGRAM 

To illustrate sketches of the first county seat, 
the second and third old trading houses, the first 
district court, the Indian towns, etc., etc. 



West. 



A A 

A A 



Basf 



A A. A A 
A ^ A . A 
A .A A ^ A A A 
^ A A A A 
A A A A A A A 
AAA * A A 
A A ^ A 

Powesheik's A A A A 

Indian Town. -'*■ . ''V ^^ , -'*■ 

AAA 
AAA 



The (iilbi-rl tradius tiousp. 



Wagon road to Bloomington (Muscatint-). 



Brook. 



Indian burying 
ground on a sand 
knoll. 




The (Jhase trading house 



South. 



Gilbert Creek, 
now called 
Snvder Creek. 



208 HISTORY OF JOHNSON COUNTY. 

FIRST CRIMINAL CASE. — GREGG, THE HORSE THIEF. 

As there was no jail yet, it became a matter of some difficulty to cap- 
ture and hold as prisoner any desperate fellow who might violate the law. 
And the record made by Clerk Douglass of the first case of this sort is so 
graphic in regard to " said prisoner," and so entertaining as a bit of pioneer 
history, that we quote it entire: 

At a called session of the board of county commissioners in and for the 
county of Johnson, held on the fifteenth day of May, 1839, for the purpose 
of deciding upon some plan for the security and safe keeping of Andrew 
J. Gregg, a prisoner bound over for appearance at court. 

Whereupon, the board ordered as follows: 

That Samuel C. Trowbridge should be allowed forty-three dollars for 
services rendered in summoning two juries, and services rendered at com- 
missioners' court, guarding and keeping Andrew J. Gregg, U. S. pris- 
oner. 

Further, the board orders that Elijah Hilton should be allowed four 
dollars and fifty cents, for attending said prisoner. 

Further, the court allows Stephen Chase four dollars and fifty cents, for 
attending said prisoner. 

Further, the court allows John Miller three dollars and ninety-three and 
a half cents for guarding said prisoner. 

Further, the board orders that Henry G. Reddout should be allowed 
ten and one-eighth dollars for attention to said prisoner. 

Peter Crum was allowed seventy-five cents for services rendered in 
guarding said prisoner, per order of the board of county commissioners. 

Court ordered that Philip Clark should be allowed one and one-eighth 
dollars for services rendered as guard to said prisoner. 

Court ordered John Eagan paid two dollars for services rendered as 
guard to said prisoner. 

Court ordered Samuel C. Trowbridge paid twenty-four dollars and sev- 
enty-five cents for board of said prisoner, and attention to the same. 

Court ordered that John Trout should be allowed one and one-eighth 
dollars for services rendered in guarding said prisoner. 

Court ordered that William C. Massey should be paid fourteen and 
sixty-two one-hundredths dollars for fees as constable, and services ren- 
dered in taking care of said prisoner. 

Court orders that Robert Walker should be allowed one and sixty-two 
one-hundredths dollars, as justice's fees committing said prisoner. 

Court ordered that Walter Chase should be allowed six and twenty-five 
one-hundredths dollars for boarding said prisoner and guard. 

Court ordered that William Dupont should be allowed four and twenty- 
five one-hundredths dollars for boarding said prisoner and guard. 

The board ordered that an oath should be administered to Jonathan 
Harris for the faithful keeping of said prisoner. 

The following is the form of the oath: 

You doo solumnly sware, in the presence of Almighty God, that you will 
take the body of Andrew J. Gregg into your custerdy, and there safely 
keep him, so far as your abilities, until the next session of the district court 
in and for the county of Johnson, territory of Iowa. 

Jonathan Harris. 



HISTORY OF JOHNSON COUNTY. 209 

The above is transcribed from the original first records, or what is left 
of them, which was a book made by simply stitching a few leaves of the 
old-fashioned foolscap paper together. It was the best they could do at 
the time. The county afterwards purchased a regularly bound blank 
book, and some of the first records were copied into it, while some were 
not; and in making the transfer, the copyist, whoever he was, made cor- 
rections and emendations wherever he thought necessary. 

In transcribing the record about "said prisoner," the copyist tries to 
improve on the original by merely saying in each case of claim allowed, 
"for services rendered the county," which is very tame and uninteresting 
when compared with the original entry, for it designates what public 
duty the claimant performed with regard to '•'•said -prisoner.^'' 

This man, Andrew J. Gregg, was one of a gang of frontier outlaws 
who had their headquarters at what was then called Washington Ferry, 
afterwards known as Gower's Ferry, and now called Cedar Bluffs, in 
Cedar county. They were known as Stotenburg's gang. Gregg had 
broke jail at Coldwater, Michigan, and escaped out to Iowa to operate 
with the rest of his kind in stealing horses, passing counterfeit money, etc. 
Gregg and three others came to this settlement, pretending to be viewing 
the country and looking for a location for settlement. At Chase's trading 
house they fell in with Joseph Eagan, and traded horses with him, giving 
him something to boot, but in counterfeit money, of course. Eagan 
started home up the river on his new horse. He was followed in a short 
time by Gregg and one other of the gang, who overtook him near where 
the glucose works now stand, or between there and Dubuque street; 
they stopped him, knocked him off his horse and went off with it down 
the river again. x\3 soon as Eagan got over his stunnedness and fright a 
little, he hurried on to the cabin where McCrory and Trowbridge were 
"batching it," (right where the McCrory mansion now stands,) and 
reported what had happened. Trowbridge being the sherifi', immediately 
got up a -posse and went in pursuit of the outlaws. The other three of the 
gang made good their escape with Eagan's first and second horses, and a 
lot more they had with them; but Gregg was captured near Chase's trad- 
ing house, with two other horses in his possession, one of which was given 
to Eagan to make good his loss. In about two weeks after Gregg's cap- 
ture some of the prowling gang made an attempt to rescue him, which 
did not succeed; but in the afiray several men were hurt, the worst injured 
being a man named Rockwell. One of the outlaws got a fish spear stuck 
into him and dragged it oft'. 

Greee was an inteHifjent, athletic and fine looking fellow, and it was a 
matter requiring the most vigilant care and ingenuity to keep him night 
and day for six weeks or more, without any sort of prison or armed 
guards. But Sheriff Trowbridge was equal to the emergency. He cut 
a stout hickory stick and made smooth notches in the ends about forty 



210 HISTORY OF JOHNSON COUNTY. 

inches apart; in these notches Gre^rg's wrists were laid, and bound fast 
with thongs of raw deerskin. The notches had to be made so far apart 
that the prisoner could not reach them with his teeth and gnaw the 
thongs oft'. Also, the thongs had to be let into sockets on the underside 
of the stick or yoke, so he could not chafe the thongs oft' by rubbing them 
all night or day against a stone, stick, or tree. This was the first home- 
made invention to hold him; but the sherift' finally went to a blacksmith 
shop at West Liberty and got a pair of iron anklets or manacles made, 
with a strong padlock and regular old ox-draft log-chain attached; and 
with this arrangement it was less difficult to keep Gregg. But as there 
was no jail or steady guard, the sheriff' had sometimes to take his prisoner 
with him when he went out to break prairie, or chop in sod corn with an 
ax, or build rail fence. There is an old-fashioned Virginia worm rail 
fence still standing (1882) on the south side of the road to West Liberty 
and Muscatine, just where it passes S. H. McCrory's house, that was 
built b}' S. C. Trowbridge, S. H. iMcCrory and Cyrus Sanders, while 
Gregg lay chained to a tree which then stood a few rods up the hill, in 
McCrory's field, but has since been cut down. They chained him to the 
tree, and then gave him a buffalo robe to spread down, and a pack of 
cards and a Bible, so he could play " good Lord or good Devil," just as he 
liked. But the}^ kept always within sight of him, and their guns loaded 
and within easy snatch, lest some of the outlaw gang should attempt his 
rescue, for it was well known that they were prowling about and had 
accomplices all over the frontier country. And such was pioneer life, and 
the difficulties of the sheriffalty in Johnson county in 1839. 

This Gregg was the first prisoner ever taken, and held b}^ lawful pro- 
cess in Johnson county. His was the first case before the first district 
court ever held in the county; and it is told by the old settlers, as a good 
joke on Judge Williams, that one night in the tavern (Chase's trading 
house), [see diagram on page 207] //le y^idge ■played the fiddle^ while 
the prisoner Gregg danced, for the amusement of the crowd. The Judge 
was a Methodist class-leader, yet as fond of fun as any rollicking boy — 
and he loved dearly to play the fiddle: so they used to tell that he would 
avoid being a wilHng witness to the sin of dancing by fiddling away in 
his chair with his back toward the unregenerate sinners while they 
danced. Philip Clark says the Judge did quit fiddling on the above occa- 
sion as soon as he knew that Gregg was dancing; and it plagued the 
good old Judge a great deal to have it told that he had fiddled for Gregg 
to dance. It was a tough joke on him. They say he was also a good 
ventriloquist, and would often amuse social gatherings with this mysteri- 
ous art. 

Gregg was indicted and bound over for trial; but before the next term 
of court he made his escape while in charge of Stephen Chase as guards- 
man. Gregg's case had already cost the county more than its whole 



HISTORY OF JOHNSON COUNTY. 0] ^ 

year's revenue, and his escape was probably "good riddance of bad rub- 
bish." He walked off deliberately, in plain view of several other men 
besides his guard, but brandished a bowie knife and swore dire, and bloody 
vengeance on any man who should pursue or attempt to recapture him. 
The case against Gregg was continued on the court records from term to 
term until November 3, ISAO; after that it does not appear. S. C. Hast- 
ings was attorney for Gregg. 

DR. Hamilton's sketch. 

The following additional points in regard to this Gregg case were 
written by Dr. I. P. Hamilton, who was an eye witness of what he 
relates: 

Gregg was kept most of the time, while under arrest at Wm. Massey's, 
my brother-in-law. I saw him almost every day while there. Gregg was 
a smart one. After buying a bowie-knife and pistol of Chas. H. Berry- 
hill, he packed up his clothes, took out his pistol and knife, bid good day 
to his guard, and left. I have often thought if we (the citizens) had been 
as suspicious of Gregg as Col. Trowbridge, the Sheriff at that time, 
Gregg would have been held to his trial. The colonel had fixed an in- 
strument (the hickory hand-yoke described above), to confine his hands 
and arms. But Gregg being such a fine-looking fellow, the sympathetic 
part of the community could not tolerate the idea of degrading such a 
fine-looking man. So the colonel had to bow to public sentiment. I was 
at the Indian trading-house when Gregg and an old man came, as they 
said, after the horse that had been taken from Gregg by the officer. 
About the same time this remark was made, Gregg whipped out his 
famous bowie-knife and made a lunge at Wm. Massey. The old French- 
man threw up his arm to prevent the knife from entering Massey's body, 
and received the thrust in his arm, which was quite a severe one. Then 
it was the fight commenced in earnest. I never in mv life saw (as I 
thought at the time) a man that was more eftectually killed than the old 
fellow who came with Gregg. (Had a big fish-spear run into him). But, 
two hours after we left him, some one went out where he fell, and he was 
gone, and that was the last was ever heard from Gregg and his friend. 

counterfeiters whipped. 

Some time in 1839 or 1840, while Jonathan Harris was keeping tavern 
in the old Gilbert trading-house, a couple of men stopped there for dinner 
and horse feed, and passed a counterfeit $5 bill in payment, receiving their 
change in good money. They had played the same game that morning 
on another man, at Wapsenonoc, and this man, discovering the cheat, had 
followed them. He reached Harris' about an hour after they had left. 
Harris and this man immediately started in pursuit, being joined by neigh- 
bors as thev followed the trail and told what sort of game they were 
tracking. The trail was followed across the Iowa river, and northwest- 
erly up to and along Clear creek; then across the prairie south, to Old 
Man's creek, and thence on to Dr. Teeple's house, on English river, just 
over the line in Wasington county. The pursuers had followed the ho'^^e 



212 HISTORY OF JOHNSON COUNTY. 

tracks all night, by the aid of a lantern, one of the tracks being marked 
by a broken shoe; and here the rogues were in bed. They were arrested, 
but protested stoutly that they had received the bad money in their trav- 
els, supposing it to be good. A thorough search was instituted, and 
finally a big lot of counterfeit bills was found, stuffed under one of their 
saddle pads. After getting breakfast, the pursuers started back up the 
river with their prisoners. And of the subsequent proceedings in this case 
Dr. I. P. Hamilton writes: 

The men were brought to Judge Harris' house, and word was sent to 
all the houses in the settlement, to meet there at a certain hour, "sharp." 
About thirty of the hardy settlers met at the Judge's house, and organized 
a court. After all the evidence was heard, the court decided that the 
smaller one of the two, in whose saddle the money was found, should 
receive fifteen lashes with the cow-hide on the bare back, and the other 
should receive ten lashes without removing his shirt. Wm. Devault was 
the man appointed to perform the flagellation, which he did in such a 
manner that God grant I ma}- never witness another. 

FIRST DISTRICT COURT IN IOWA CITY. 

The very earliest criminal court records of Johnson county exhibit the 
crime of selling whisky to Indians, and selling without license, in violation 
of the law. The first district court ever held in Iowa City (and second 
one in the county), had for its grand jury: 

Andrew D. Stephen, Ebenezer Douglas, S. B. MulhoUand, 

I. P. Hamilton, Robert Walker, Wm. Kelso, 

Wm. Sturgis, Alonzo C. Dennison, Jesse McCart, 

John Hawkins, Isaac Bowen, Wm. M. Harris, 

Fred D\'singer, Henry Felkner, Sam H. McCrory, 

Abner Wolcott. 

These men were empaneled and sworn on September 10, 1839, and the 
next day they lound four indictments against F. M. Irish, for selling liquor 
contrary to law. At trial, he plead guilty on two of the indictments, and 
was fined five dollars and costs in each case. The other two indictments 
were tioUe ^7'osequied. 

The same jury found similar indictments against Wm, Dupont (who 
was also at the same time indicted for fornication), Charles H. Berryhill, 
Henry H. Hart, Mordecai Cropper and Joseph Coe. 

Coe plead guilty, same as Irish, and was fined five dollars and costs. 
Dupont, Berryhill, Hart and Cropper were held to bail in the sum of $100 
each, until the next term of court. 

At the next term, in May, 18-10, another indictment was found against 
Charles H. Berryhill for selling whisky to Indians, and also against Fred- 
erick A. Cobb and Elizabeth Skinner [alias Betsy Dupont], for the same 
offense. 

It is a curious fact, that while the men indicted for selling whisky to 



HISTORY OF JOHNSON COUNTV. 213 

Indians were allowed bail at $100, this woman, indicted lor the same 
offense, was " held to bail in the amount of five hundred dollars,'''' as the 
record reads. Again, the men who plead guilty were fined five dollars 
and costs. This woman plead guilty in court, November 3, 18-10, and 
■was finiid thirty dollars a.x\d cos,\.s. Why the difference? Who can tell? 
She was a bad woman, a regular old "hard case," but no worse than the 
same class of men. 

Indictments for gambling were found against Wm. McGraw, Sylvester 
Coe, Joseph Coe, Luke Douglass, James Rock, Peter Blake, L. Coy and 
Samuel McMurray. Luke Douglass was clerk of the court. He plead not 
guilty, and a jury was empaneled. Cyrus Sanders, I. N. Sanders, Wm. Har- 
ris, Wm. Miller, Andrew D. Stephen and A. C. Dennison were members of 
that jury whose names will be familiar to old settlers. Douglass afterward 
" plead guilty to the several counts in the indictment," and was fined ten 
dollars and costs. This was on May 16. The others there upon took the 
same course. , 

This affair let Douglass out of office; and on May IS, 1840, Stephen B. 
Gardner was appointed clerk of the district court. He, on the same day, 
appointed Fernando H. Lee as his deputy. 

Berryhill was re-indicted for selling whisky to Indians, at each succes- 
sive term until May, 181:1, when he plead guilty to all the charges, and 
put himself on the mercy of the court. He was then fined thirty-five dol- 
lars and costs. 

FIRST NATURALIZATIONS. 

On June 1, 1841, were issued the first naturalization papers ever made 
in Johnson county. The following named gentlemen from Ireland 
appeared before the district court in Iowa City, there solemnly abjured 
their allegiance to the Queen of Great Britain, and swore allegiance to the 
United States: 

James Wicks, John Mullin, Hugh Deen, Harmon Luken, Francis Kerr, 
Patrick Smith, Jeremiah Driskel, Michael Keff', William Croty, Andrew 
McWilliams, John Hurly, John Conway, James Roach, John Conboy. 

On the next day, June 2, the following Germans came into court and 
made oath of their intention to become citizens of the United States: 

Casper Nick, native and subject of Prussia; Joseph Gross, of Wirtem- 
burg; Mathias Laner, of Baden; Casper Dunkel, of Bavaria; Philip 
Schwartfager, of Hanover; Ferdmand Haverstraw, of Baden. 

On following days during the same term the same oath was taken by 
Robert Simpson, John Furlong and Morris Kelly, subjects of Great 
Britain, and John Luken, subject of the King of Hanover. 

A GANG OF PETTY THIEVES BROKEN UP. 

During the winter of 1842-43 there was a good deal of small stealing 
going on in Iowa City and vicinity — such as of meat, hams, chickens, 
14 



214 HISTORY OF JOHNSON COUNTY. 

clothing, flour, etc. A mulatto fellow named Brown was finally arrested, 
and in course of time it was wormed out of him that a white man named 
Haines was in it with him. But at that time the laws even of Iowa would 
not permit a "colored man " to testify in court against a white man. So. 
nothing could be done with Haines unless some white man's testimony 
could be obtained. It was current opinion in the community that Haines 
was " a hard case," but there was no lawful proof against him. 

Walter Butler was now sheriff' and Elisha Pierson the jailor. And a 
scheme was made up by John M. Coleman and Chaunce\- Swan to trap 
Haines, and so break up the gang; but several other parties had to enter 
into the project, and the sheriff' of course had to connive at certain "irreg- 
ularities " which were to be carried on in the case " zuit/iotU his knoxuledge, 
you know?" The mulatto Brown had a low-grade white woman who 
purported to be his wife and seemed firmly devoted to him. She was led 
to believe that if they could capture Haines and get lawful testimony 
against him, her husband would be let off' easy, or perhaps permitted to 
escape jail and get away. So she baked a lot of biscuits and prepared 
nearly a peck of hard boiled eggs for him to take along on a certain 
night, when he was to make his escape, after serving as a decoy for the 
entrapment of Haines. On the appointed night, (somewhere about the 
1st of May, 1843), Brown was smuggled out of the jail, while the good 
sheriff' slept in quiet innocence, and taken to his house, — though iron 
shackles were kept on his ankles, for he could run like a deer, and they 
didn't dare to trust him without irons on. When arrived at his house the 
programme was arranged, Mrs. Brown fixed a bed with a sheet hang- 
ing down in front like a valance; Brown was to sit on this bed while she 
went to tell Haines that he was there and wanted to see him. If Haines 
came. Brown was to have him sit on the bed beside him so they could 
talk low, for fear somebody might be around somewhere and overhear 
them; then he was to talk wath Haines so as to have him acknowledge 
his being a party to the stealing. With these points all arranged and 
agreed upon, John B. Adams and Samuel C. Trowbridge got under the 
bed, while Dr. Henry, St. G. Coe and Malcom Murray staid in an adjoin- 
ing room. The house was now darkened, and Mrs. Brown went afi:er 
Haines, w^ho soon returned with her. He sat down on the bed, and Brown 
explained that he had got out of jail and was going to leave the country, 
but had no money, and wanted now his share of what they had stolen 
together. Haines said he had sold some of the meat, and told where more 
was still hid : but he hadn't any money now. He mentioned the other fel- 
lows in the gang, and promised to tr3^and get some money from them to help 
Brown oft'. About this time Trowbridge and Adams grabbed Haines by 
the trouser legs; he jumped and yelled, but they jerked him to the floor 
and crawled out onto him, where he struggled lustily; but as soon as he 
yelled, Coe and Murray in the next room, who were standing ready with 



HISTORY OF JOHNSON COUNTY. 215 

matches, at once struck a light and opened the door. The woman 
screamed, and a baby screamed, and there was a full " circus " for a few 
seconds, till Haines saw that he was completely caught, and gave up, and 
was quietly marched to jail. 

The gang consisted of the mulatto Brown, Harrison Haines and his 
brother, known as "Horse Haines," besides a man named Guyton, and 
one other whose name is forgotten. Mulatto Brown and Harrison Haines 
were now in jail, and the rest of the gang known; and they didn't wait on 
ceremony, but suddenly stampeded for parts unknown. And in about 
two months, while waiting for the next term of court, Brown and Haines, 
probably with some outside assistance, succeeded in boring through the 
wall of the old jail, got out in the night and fled the country. And so 
the whole gang was gotten rid of with little cost to the county. 

But why didn't Haines kill Brown for having him caught? O, Brown 
made him believe that he didn't know anything about those men being 
under the bed and in the next room. He said that was all fixed up by 
his wife, who was mad at the gang, because they hadn't given her his 
share of the stuff they had stolen together; but that he (Brown) didn't 
know anything about it at the time. This was a ver\' plausible explana- 
tion, and satisfied Haines. It seems that the mulatto was the cunningest 
man of the gang. He was afterward shot dead one night while robbing 
a hen-roost, some where in Illinois. 

A ^(55,000 ROBBERY. 

In 1852, a couple of rascals named French and Pierce did a wonderful 
job of stealing one night from A. B. Stillwell's merchant tailoring store. 
They were captured on circumstantial evidence so strong as to be pretty 
sure, yet probably not sufficient for a legal conviction. French was taken 
from the officers by a mob, and whipped till his back was welted and 
bloody, but he wouldn't confess. Then they tried hanging — and after 
two or three good chokings he owned up, and promised to show where 
the goods were concealed. They were found hid in a hazel thicket over 
toward the cemetery, with slabs of bark laid up to protect them from 
damage by rain, while waiting for a chance to haul them away. The 
pile amounted to three wagon loads, and was worth $.5,000: and it is a 
marvel how two men could carry such a quantity of goods that distance 
in one night, and that too without making a trail that would be plainly 
visible from the store right to the hiding place. But somehow they did 
it, for there was never any proof found that they had other accomplices. 
While these men lay in jail awaiting trial, the tender-hearted women 
went and washed and bathed and salved French's well-deserved stripes. 
The lashing and hanging which he got had accomplished their purpose; 
and now it was right enough that he should be healingly cared for. But 
when these good ladies imagined they were enacting in real life the para- 



210 HISTORY OF JOHNSON COUNTY. 

ble of the Good Samaritan, they got slightly "oH their base;" for in that 
case the man "went down from Jerusalem to Jericho and fell among 
thieves." But in this case the thief vvunt down from Stillwell's store to 
the hazel bush all night, and finally fell among the "regulators." 

A good deal of that sickl}- sort of sentimentalism which is always pity- 
ing poor prisoners who happen to get caught and well punished, was 
developed in this case, until they almost made the man out i martyr 
instead of a felon. But the steady, average common sense of the com- 
munity felt, if it did not say it, "served the rascal right. ^ If more could be 
served the same way w^e'd have less stealing and devilment going on in 
the community." French broke jail and made good his escape at last; 
but his partner, Pierce, served his time out in the penitentiary. 

THE BOYD WILKINSON TRAGEDY. 

This was perhaps the most notable event of a sensational character that 
has ever transpired in Johnson county. In order to explain what the 
official records show concerning the trial of those accused of murdering 
Boyd Wilkinson, a few of the main facts which led to the final tragic 
drowning of Wilkinson must be stated. 

Philip Clark was the man who with Eli M^-ers, had made in 1836, the 
first land claims ever made in Johnson county. 

April 17, 1850, Philip Clark gave a power of attorney to his brother-in- 
law, F. H. Lee, authorizing him to rent, lease, mortgage or sell certain 
specified lands, amounting in all to 142 acres. [See records, deed book 
No. 8, page 2-1:1.] Judge Lee's wife was a sister to Philip Clark. Philip 
then went to California, gold hunting. After a few years, his wife 
obtained a divorce on the ground of "desertion," she being then what was 
currently termed a "California widow." Her lawyer was W. Penn 
Clarke, a prominent republican, [see sketch of "Old John Brown in 
Iowa City"], and he, with her consent, and in connection with Philip 
Clark's attorne}', attempted to convey title of this land to other parties, 
without securing any "consideration" to the real owner. [A good many 
dark suspicions do inevitably and legitimately arise right here, which Penn 
Clarke and Lee could never explain satisfactorily in court: hence all their 
convevances were ultimatel}" nullified, and the land restored to Philip 
Clark"] 

In 1857 Philip Clark returned, and immediately commenced proceed- 
ings for the recovery of his farm. To this end he built a cabin and sta- 
ble on the land and made his home there; '■'■possession is nine points of the 
law," say the .law3'ers, and he thus, took possession. A notorious bad 
character named Boyd Wilkinson, had a " possession " cabin on another 
part of the farm, holding it in the interest of the ex -Mrs. Clark and par- 
ties to whom she and the two lawyers, W. Penn Clarke and F. H. Lee, 
purported to have sold it, but without compensation to Philip Clark. 

This Wilkinson was under indictment for grand larceny, having stolen 



HISTORY OK JOHNSON COUNTY. 217 

some rolls of carpeting from the Park House, but was out on bail till June 
session of court. W. Penn Clarke, as attorney for the divorced woman 
and those to whom she had sold the land, wanted to oust Philip Clark 
from his actual " possession " of the land which gave him a good deal of 
advantage in the lawsuits he had instituted for recovery of his title. From 
all the circumstances it would seem that Wilkinson was employed to so 
pester, annoy and injure old Philip as to scare or drive him olT from that 
land. One night Wilkinson and two others attacked Mr. Clark on his 
road home, beating and bruising him severely. He had Wilkinson arrested 
for this outrage, fined, and put under bonds to keep the peace; but the 
lawyer, W. Penn Clarke, obtained his release. And shortly after, to-wit, 
on the night of May 10, 185S, Philip Clark's barn was burned down, and 
a pair of horses belonging to Wm. Canot were burned up in it. It was 
firmly beheved by Philip and his friends that Wilkinson had done this, and 
on the 11th they went to Wilkinson's house in that state of fury and des- 
peration which men sometimes reach when sharp criminal lawyers suc- 
ceed in baffling the good intent of protective laws, until there is left no 
reasource of redress but the bad and dangerous lynch power. From 
Wilkinson's general bad character, his previous known crimes, and the 
circumstances under which he was living on Philip Clark's land, they had 
abundance of " mob-reason " to believe him guilty. They first tried to 
frighten him into a confession, but failed; then they tied his hands behind 
his back, boosted him into a hack and started oft', most likely with the 
intention not of killing him outright, but of " playing hang " with him until 
he confessed ; though in fact they went directly to the river bank, and 
may have intended to duck instead of choke. At any rate they were out 
on a lynching bee; they were terribly in earnest; and they meant to use 
him rough. There was no kid-glove delicacy in that crowd; they told 
him they were going to hang him, and he believed it. But instead, he was 
drowned, and those who had him in charge at the time, always claimed 
that he jumped from the hack of his own accord, to get away from them, 
and ran or jumped into the river. He was noted as a good swimmer, but 
his hands were tied, and he sunk at once. It might easily be, however, 
that in the intense excitement of the moment he forgot this, and thought 
if he jumped into the river he could swim across and get away from 
them. We think it quite probable that this was reall}' the fact; but 
whether it was or not, Wilkinson zuas drozvned. This occurred about two 
miles below the city, on May 11th, 1858. The body was not found until 
May 21st, ten days afterward. 

The body had drifted a mile and a half down from where he went in 
and was found about 10 o'clock in the forenoon, by John Quaintance first; 
he immediately called some others, who were also searching for it. The 
body was floating close to the shore. They got a long pole and twisted 
one end of it into the rope with which Wilkinson's hands were tied, and 



218 HISTORY OF JOHNSON COUNTY. 

thus guided the floating corpse half a mile further down the river before 
they reached a suitable place to pull it out of the water, which was a little 
below the widow Walker's residence, and about four miles below Iowa 
City. 

Charles C. McGovern was the coroner; he summoned J. Norwood 
Clark, J. R. Hartsock and J. N. Seydel as a jury — and the inquest was 
held that afternoon. The witnesses sworn were: John Quaintance, who 
first tound the body; Garrett D. Campbell, a cousin of the drowned man; 
John L. Gordon, Charles D, Smith and Alexander Beever, who were 
present when Wilkinson was taken from his house. 

A post mortem examination was made by Drs. J. C. Stone, John J.' 
Sanders, Frederick Lloyd, J. H. Boucher, Henry Murray and E. W. 
Lake. They reported no marks of violence found; death solely from 
drowning. 

On May 12, an information was filed before Judge George W. McCleary, 
accusing of the crime of murder the following named persons: Thomas 
Casey, Michael Freeman, Frederick M. Irish, Henry Gray, Peter Con- 
boy, Alfred Curtis, James Kennedy, PhiHp Clark, Joseph Stutsman, Charles 
Dow, Samuel Shellad}-, John O'Neil, William Canot, Charles Brown; 
John Mitchell, Daniel Marshall, William Clear, John McGuire, James 
Welsh, George W. Rawson, James Nolan. 

Of course there- was intense excitement over the matter, the whole com- 
munity taking sides one way or the other, and considerably on the party 
lines of republican and democratic divisions of the time. Old Captain 
Irish, who was a prominent and representative democrat, had been sort of 
leader in the affair, on behalf of his friend, Philip Clark ; while W. Penn 
Clarke, a prominent republican, had been the smart lawyer and chief 
manipulator on the Wilkinson side of the contest about that seven hundred 
acres of land. [The land was ultimately restored to Philip Clark by 
decree of court.] The next day after Wilkinson's drowning, a counter 
mob in Iowa City set out to hang Capt. Irish, and he was glad to go to jail 
for safet3\ He was aided in getting away from the mob by Jacob Ricord, 
who stood stoutly for law and order, and against any mob work. 

THE INDICTMENT. 

June 15, 1858, a true bill of indictment for murder was found against 
Frederick M. Irish, Peter Conboy, Charles Dow, Daniel Marshall, James 
Taylor, Michael Freeman, Philip Clark, Samuel Shellady, John McGuire, 
Patrick McCraith, Henry Gray, Alfred Curtis, Charles Brown, Geo. W. 
Rawson and Dennis Hogan. 

The grand jury which indicted the above men for the murder of Wil- 
kinson consisted of Rolla Johnson, Edwin A. Brown, John Mendenhall, 
John F. Hampson, James H. Gower, L. T. Reno, Robert Walker, 
Ambrose Campbell, Thomas Patton, S. A. Fulton, Cornelius Lancaster, 



HISTORY OF JOHNSON COUNTY. 219 

Charles Cartwright, B. F. Dennis, Samuel J. Hess, and George F. 
Andrews. 

Rolla Johnson was foreman of the grand jur}'^; and a list of forty-seven 
men is given as " material witnesses for the state." There were fifteen 
members of the grand jury, and fifteen men indicted— just a man apiece 
all around. 

The trial began August 12, 1858. Conboy, Curtis, Irish and Shellady 
asked for separate trials. Clark, Freeman, Marshall, Rawson, Dow, 
Brown, McGuire and Hogan were tried together, and acquitted. Gray, 
Taylor and McCraith ran away — the sheriff never found them. 

On February 5, 1859, Shellady was convicted ot murder in the second 
degree, and sentenced to the penitentiary for ten years. He was an old 
man, about eighty years of age. He was taken to Fort Madison; but 
Gov. Lowe pardoned him, unconditionally, on June 23, 1859. 

On January 12, 1859, Capt. Irish secured a change of venue to Scott 
county. He was tried there in May, 1859, before Judge John F. Dillon, 
and acquitted. 

On May 24, 1859, the cases against Conboy and Curtis were dismissed 
and they went free. 

If any person wishes to investigate this affair further, they will find 
reading enough to last them a month at the county clerk's office, in orig- 
inal papers filed away, and also in books F and G of the court records. 
But if you depend on the newspaper accounts, you'll get fooled. 

John P. Irish was a big bare-footed boy with the mob at the time Wil- 
kinson was drowned, and was also with his father in jail during his trial 
at Davenport. In after years, when John had become a prominent demo- 
cartic politician, these old matters of his boyhood days were raked up as 
dirt to throw at him; but it did not seem to have much effect, for he was 
elected to the legislature three times in spite of it — to- wit: in 1867-69-71. 

March 2, 1858, Wilkinson had been arrested by sheriff Harrison; 
indicted March 9, by grand jury for grand larceny. Had stolen two rolls 
or eighty yards of carpeting, from the Park House, property of Samuel 
Workman and Richard L. Tucker. " Material witnesses for the state," 
were Workman, Tucker, A.J. Casady, Henry Gray, Sam. H. Fairall. 

Some horse steaHng also was charged to Wilkinson, but not proved; 
nevertheless it was commonly believed that he belonged to a regular gang 
of thieves. 



220 HISTORY OF JOHNSON COUNTY. 

CHAPTER III.— PART 1. 



PUBLIC STRUCTURES. 

Court House and Jail — County Poor Farm — Complete List of County Bridges, 1876 to 
1881 — Early Roads and Ferries. 

FIRST COUNTY JAIL AND COURT HOUSE CONTRACTS. 

The first records made in regard to a county jail occurred Jul}'^ 8, 1841. 
Jesse Berry and James Herron are allowed $12.50 for drafting a plan for 
the jail, and Berry is allowed an additional sum of ^15.00 for preparing 
the specifications and bond for the contractor, who was James Tremble. 
All of these bills were stipulated to be paid from sale of lots in the county 
seat. 

The above is the first mention that occurs any where in the records, 
with regard to a county jail, and we learn from old settlers that this 
first county building stood on Clinton street a little south of the present 
court house, the jail being byilt on the west side, corner of Clinton and 
Prentiss streets, and the temporary court house afterwards on the east 
side of the street. On October 9, 1841, it is recorded that $1,200 were 
allowed to James Tremble, in part payment on his contract for building 
the county jail, and the amount was to be made up by the clerk in fi-ac- 
tional orders, to be paid only out of funds accrumg from the sale of lots in 
the county seat. 
. On April 8, 1842, Mr. Tremble was again allowed the sum of $358.00 
on his jail contract. 

At the same date it was ordered, that F. H. Lee, agent for the county 
of Johnson, be instructed and authorized to receive proposals, from this 
date until the second day of May next, for the erection of a court house 
on lot No. 8, in block No. 8, in the county seat of said county. The 
house to be of brick, 56x28 ft., two stories, and to be finished according to the 
plan of said building in the hands of said agent. And that said agent be 
required to give notice of the receiving such proposals, in the newspapers 
of Iowa City, until the time of opening the same. The payment to the 
contractor will be from the proceeds of the sales of lots in said county 
seat after payment is made for the jail. The house must be completed 
by the first day of October, A. D., 1843. The contractor will be required 
to give bond with approved security, for the faithful performance of his 
contract. 

On June 17, 1842, Mr. Tremble is allowed $500 on his contract to build 
the court house; and this is the first clue we get to the fact that the same 
man had the contract for both of the county buildings. On October 6, 
1842, he was again "allowed the sum of nine hundred dollars on his con- 
tract for erecting the temporary court house." 

Prior to the erection of these buildings, the county had rented various 



HISTORY OF JOHNSON COUNTY, 221 

rooms and buildings, such as could be obtained when necessary, for court 
and jail purposes, and the use of county officers. 

April 13, 1848. Ordered, that James Tremble and John Mathews, his 
security, are hereby required to proceed immediately to complete the jail 
according to the contract by them entered into for that i-)urpose, so that 
the same shall be completed before the next term of the district court of 
this county, otherwise legal steps will be taken to enforce the obHgation of 
said contract. 

JAIL REPAIRS. 

On the first day of the October session (Oct. 3), 1848 : 
Three sealed proposals were received for repairing the jail and were 
opened on this day, when it appeared that the two lowest bids w^ere a tie; 
whereupon the board notified the bidders who appeared at half past tw^o 
o'clock, p. M ., and the job was set up at public outcry, by the sheriff, to be 
let to the lowest bidder, and being cried some time, Thomas Snyder bid 
two hundred and hfty dollars, the roof to be put on with pine shingles, 
and that being the lowest bid, the job was struck off to him. 

The following items from county court proceedings of June 6, 1864, are 
of interest: 

The special committee on the material of the "old jail" reported that 
they had sold the same to C. H. Berryhill for sixty dollars. Report 
adopted. 

The special committee on sale of real estate in Iowa City, belonging to 
Johnson county, reported that they had sold the property known as the 
"jail lot," for one hundred and fifty dollars, to C. H. Berryhill, and on 
motion it was Resolved, that the clerk of this board be authorized to exe- 
cute a deed to Chas H. Berryhill of lot number six (6) in block number 
seven (7) county seat, upon payment of sum agreed upon. 

THE FIRST COUNTY "NECESSARY." 

"Despise not the day of small things," is a wise old saying; and future 
generations would not number us among faithful chroniclers if we should 
omit so important a small thing, as the following county order of Novem- 
ber 1, 1848 — the first of its kind: 

Ordered, that Hiram Watts be authorized to erect and build a " Neces- 
sary," at or near the southeast corner of lot eight, block eight, of the 
county seat; the pit to be seven feet long, five feet wide and eight feet 
deep, the building to be eight feet by six, and seven feet high, shingle roof, 
weather-boarded, two rooms, two doors, two windows, one seat with two 
holes in each room. To have the same completed in a decent and work- 
manlike manner by the first Monday in January next, and if so completed 
this board will pay him thirty-five dollars in county orders at said January 
session. 

FIRST MOVE TOWARD THE PRESENT COURT HOUSE AND JAIL. 

Feb. 20, 18.56. "The subject of the erection of a new court house and 
jail for the county of Johnson, Iowa, being under consideiation; and the 
county judge therefore being satisfied that there is great want of public 
buildings of the kind above named, therefore hereby 

Orders, that an election be held in the county aforesaid, at the usual 
place of holding the same in the several townships in said county, to take 



222 



HIS']fORY OF JOHNSON COUNTY. 



the sense of the people of said county upon the questions, whether 
money shall be borrowed by said county to be expended in the erection 
and completion of a court house and jail, on the block of ground known 
as the court house square, in that part of Iowa City known as the county 
seat of said county; and also, whether that portion of the proceeds of the 
sales of swamp lands which may belong to said county, not required to 
reclaim them, shall be applied toward the payment of the money so bor- 
rowed by said county; and also whether a tax shall be levied on the tax- 
able property of said county to pay the interest on said loan, together 
with the principal or any part of the deficiency there may be after the 
proceeds of said swamp lands shall be applied." 

The vote on the above propositions was taken April 7, 1856, and 

resulted as follows: 

Court House. Swamp Lands. 

Township. For. Against. For. Against. 

Iowa Citv 395 216 389 199 

Oxford.."' 5 33 5 33 

Jefferson 18 3 22 3 

Union 1 36 1 36 

Newport 25 49 28 48 

Pleasant Valley 12 77 13 76 

Cedar 2 36 2 34 

Monroe 9 48 15 44 

Liberty 77 77 

Big Grove 25 39 26 37 

Clear Creek ' 46 46 

Washington 17 56 17 55 

Penn 15 68 15 68 

Scott 22 30 24 29 

Total 546 ' 814 557 785 

INSURANCE ON COURT HOUSE. 

Jan. 13, 1875, Supervisor Nelson reported as follows: 
To the board of supervisors of yohnson county, Iowa: — 

Gentlemen: In accordance with the instructions of the board, I have 
placed $30,000 insurance on the court house, at a cost of l^^ per cent., as 
follows: 

Home, of New York $ 5,000 

^tna, of Hartford 3,000 

Royal, of England 3,000 

Fireman's Fund, of Cal 1,000 

Ins. Co. North America, of Phil '. 3,000 

Contmental, of New York 5,000 

Niagara, of New York 2,500 

Phrenix, of New York 2,500 

St. Paul, of Minnesota 2,500 

American Central, of St. Louis, 2,500 

Respectfully submitted, 

G. W. Nelson. 

The first man regularly appointed as overseer of the poor was Andrew 

D. Stephen, Oct. 9, 1841; but of course many pauper bills had been paid 



HIS,TORY OF JOHNSON COUNTY. 223 

prior to this. At this time the office of overseer was made, specifying its 
duties, and Mr. Stephen appointed to fill it. 

VOTE TO ESTABI.ISII A COUNTY POOR FARM. 

The subject of the erection and establishment of a poor-house, and the 
purchase of a tract of land for the county, on which to erect said poor- 
house, being under consideration, and the judge of the county court of 
Johnson county deeming said measure advisable, it is hereby 

Ordered^ That a tract of land for a poor-farm, not less than 160 acres, 
nor more than 3?0, be purchased, and a suitable building and improve- 
ments be erected thereon, for the poor within said county, not to exceed 
in the whole a cost of rive thousand dollars; provided the same shall be 
approved by a vote of the people of the county, at the April election, 
1855. F. H. Lee, yudi^c County Court. 

February 24, 1855. 

The vote was taken on the second day of April, and resulted as follows: 

For Poor Against For Poor Against 

Township. House. Poor House. Township. House. Poor House. 

Iowa City 527 16 Liberty 2 47 

Big Grove 63 19 Pleasant Valley... 46 9 

Cedar 32 2 Scott 7 18 

Jefierson 30 1 Newport 71 2 

Monroe 4 6 

Penn 62 2 Total 987 146 

Clear Creek 53 

Washington 66 8 Majority for poor house . . 841 

Union 24 16 

COUNTY POOR FARM REPORT. 

From county board proceedings of January 9, 1875, the following is of 
permanent interest and value as showing how well the institution was 
administered for one year at least: 

Supervisor Spurrier, chairman of committee on poor and poor-house for 
1874, submitted the following report, which was adopted: 

To the Board of Supervisors : 
Gents: — Your committee on poor would make the following report: 

There has been expended for permanent improvements $ 175.15 

For farm implements and household furniture 132.20 

For clothing: and bedding 224.66 

For groceries ovo.<j\f 

For contingent expenses ^ aa 

For outdoor help 140.00 

Total $1,367.62 

There has been produce sold for cash to the amount of $ ''^^~^'Va 

There has been raised 2,200 bushels of corn, at 45 cents '^'-^^rl 

There has been raised 35 tons of hay, at $10 '|^?" , , 

There has been raised 316 bushels of wheat, at 70 cents " V""^ 

There has been raised 290 bushels of oats, at 48 cents 139.2(v 



224 HISTORY OF JOHNSON COUNTY. 

There has been raised 200 bu. potatoes @ 40c 80.00 

There has been raised 600 heads cabbage @ 5c 30.00 

There has been raised various other products 40.02 

Increase in horses, 1 25.00 

Increase in cattle, 8 @ $7 56.00 

Increase in hogs, 50 @ $5 250.00 



Total $3,128.78 

There were at the beginning of the year IS inmates. There have been 
received during the year, 11. Discharged 14. Leaving now in the house, 
15. There has been an average attendance of a Httle over 15^. There 
have three deaths occurred; the general health, considering the age, has 
been good. The present steward and matrons have not abated (since our 
last report) any in their zeal, fidelity or succefs; we would heartily recom- 
mend their retention in their present position, and in view of their meager 
allowance in comparison with their toil and grave responsibility, would 
recommend a further allowance for the past year's services of $100. All 
of which is respectfully submitted. 

Samuel Spurrier, 
Thos. Combe. 

The next day the board made the following order for an insane hospital. 

On motion, ordered that the committee on poor-house be instructed to 
either construct a new building or remodel rooms in the poor-house, as in 
their discretion may seem best, for the purpose of providing suitable 
accommodations for the insane of this county, not admissable to the 
insane hospital of the State, said improvement to be completed as soon as 
possible. 

complete record of county bridges. 

It is claimed for Johnson county that she is the best bridged county in the 
State. The location, kind and cost of these bridges is a matter of per- 
manent interest and importance to the people who use and pay for them: 
report of bridge committee for 1876. 

Length Location of Bridge. Cost. 

of span. 

40 ft. Long's patent combination bridge on Burlington road in 

Pleasant Valley twp., including iron piling $481.05 

Riprap for the same 145.20 

40 ft. Long's patent combination bridge over Snyder creek on 
line between Scott and Lucas twps., including iron pil- 
ing 565.00 

Crossing over branch near same 74.20 

Grading approach to same 65.00 

40ft. Long's P. C. bridge over Soufal creek, Jet^erson twp. . . 340.00 

40 ft. Long's P. C. bridge over Justice creek in Monroe twp. 340.00 

Stone abutments, bend quarries for No's 3 and 4 1,987.67 

Riprap and approach to No's 3 and 4 219.83 

Eleven Long's patent combination as follows: 

36 ft. Bridge over Knapp creek, Monroe twp 

44 ft. " ' " Berrv Branch, Oxford " 

80 ft. " " Old Man's creek. Liberty twp 



HISTORY OF JOHNSON COUNTY. 225 

44 ft. Bridge over Stream, Fremont twp 

40 ft. " " Wapsie, Scott twp 

36ft. " " Jones creek, Graham twp 

40 ft. " " Mill creek, Cedar twp 

36 ft. " " Single creek, Big Grove twp 

30 ft. " " Spring Run, Madison twp 

36 ft. " " Near Dalton's, Lucas twp 

40 ft. " " Brierton road, Hardin twp 

Including the foundations for seven of the foregoing. . . . 4,000.00 
Stone abutments, Iowa City quarries, for Berry Branch 

bridge, Oxford 1,104.48 

Riprap and grading approach to same 1.52.50 

Abutments, Iowa City quarries, for Dalton bridge 371.55 

Temporar}' crossing here 12.45 

Stone abutments, bend quarries, for bridge over Spring 

Run 532.95 

Stone culvert near Phil. Clark's, Newport twp 83.00 

Bridge on Saxton road, Hardin twp 193.50 

Grading approaches to new bridges 327.50 

Repairing old bridges and approaches 224.90 

Bridge timber, lumber and sundry minor repairs 119.97 

300. Stone abutments, pier, foundations and ripraps for bridge 
across Iowa river, Iowa Cit}^, one-half payments as per 

contract 3,180.63 

Wrought iron bridge company. Canton, Ohio, for Iowa 

river bridge, one-half as per contract 3,900.00 

Total $18,427.38 

By the above, report it will be seen that it has been necessary to carry 
over deferred payments m the sum of $7,086.63, provided for in the con- 
tracts, and made payable in March next. 

Our estimates for the ensuing year are: 

Cash in hand ^ /. $ 1,463.31 

Taxes for 1876 now^ beinor collected 18,507.01 



j-> 



Bridge fund for 1877 $19,970.32 

Deduct deferred payments to be made 7,086.63 



Balance for bridges for 1877 $12,883.69 

Respectfully submitted, 
]. A. Stephenson, J. H. Clark, 

Thomas Combe, Henry Sullivan, 

G. W. Nelson, 

Committee on Highways and Bridges. 

BRIDGE BUILDING AND EXPENSES. — 1877. 

Cost. 

50 ft. span, on county line, Oxford, half, pile foundation $200 00 

40 " " Washington, « " " ^00 00 

60 " Liberty township, pile foundation 'tSO 00 

36 " Scott " " " ^'^^ ^^ 

30 " Newport " " " 220 80 



226 HISTORY OF JOHNSON COUNTY. 

36 ft. span, Big Grove twp., pile foundation 264 96 

30 " Big Grove " " " 220 80 

18 " Cedar " " " 138 48 

18 " Lucas " stone " 132 48 

40 " Union " pile " 294 40 

46 " Union " " " 338 56 

30 " Fremont " " " 220 30 

40 " Pleas. Val. " " " 294 30 

30 " iMadison " " " 220 80 

40 " Scott " iron " 294 45 

30 " Clear Ck. " stone, N. B. ^' ]80 00 

40 " Penn " pile " 294 40 

36 " Lincoln " " " 264 96 

46 " Monroe " " " 338 56 

50 " Monroe " " " [county line] 368 00 

36 " Clear Ck. " stone, N. B " 216 00 

60 " Clear Ck. " " " 441 60 

40 " Wash'n " pile " 294 40 

50 " Wash'n " " " 368 00 

25 " Oxford " " " 264 96 

26 " Oxford " " " 294 40 

The contracts heretofore required three piles for each foundation, giving 
one central support to the planking for the earth fill; this was found to be 
insufficient; the committee, therefore, ordered two extra piles for each 
bridge at a cost of $165.60 

STONE WORK. 

Abutments, Foster Creek, Lucas twp., blue stone, including 

riprap $ 691 50 

Abutments at Wolf's, Clear Creek, North Bend stone 705 43 

Abutments at Watson's, Clear Creek, North Bend stone 782 73 

Abutments at Tiffin, Clear Creek, North Bend stone 1,102 95 

Iron pile, Scott township 80 00 

Raising pier of Free Bridge, North Bend stone 275 00 

Riprap, sundry bridges 166 00 

Macadam to approach to new iron bridge 121 62 

Grading approaches and ditching 517 40 

Lumber, material and repairs to old bridges 531 14 

Road change, Monroe township 40 00 

Committee work, expenses and supervising work 405 65 

Driving piles at Oxford 20 00 

Balance payment on new Canton bridge 8,256 10 

The bridges built during the 3^ear are ' Long's Patent,' except 
the two ' strain beam ' specified 

Total cost of work completed 20,966 24 

Total amount paid 19,607 46 

Balance due 1,358 78 

There are now in this county fifteen wrought iron bridges, three of 
which span the Iowa river, and fifty-two of Long's Patent Combination, 
making a total of sixt3^-seven first class, durable bridges, upon which in 



HISTORY OF JOHNSON COUNTY, 



227 



five years past there has been expended for repairs less than $100, nor 
has the county lost one by defect or high water. 

REPORT* OF BRIDGE COMMITTEE FOR 1878. — BRIDGES BUILT. 
Townships. Length. Foundation. Location. Cost. 

Washington . . 40 feet pile. Deer Creek near Bender's, $,320 

pile. North Fork O. M. Creek 240 

stone. Ralston Creek, near Irish's 268 

pile. Branch O. M. Creek, near Seeny's. . 240 
pile. Branch O. M. Creek, near Callagy's 320 

iron. Buck Creek, near Ra3'nor's 484 

pile. Stream, near Heath's 368 

pile. Stream, near Hinman's 240 

pile. Stream, near Bales' 240 

pile. Stream, near Bealer's 288 

pile. Stream, near Anderson's 240 

pile. North Fork O. M. Creek, nr Healy's 400 

pile. Stream, near Flanney's 288 

pile. Stream, near Hufman's 240 

pile. Stream, near Carr's 240 

pile. McAllister Creek, near Anderson's . . 288 

iron. Knapp's Creek, near Wavera's 468 

stone. Pardieu Creek, near Zeller's 268 

pile. Stream, near Bond's 240 

pile. Clear Creek, near Barry's 480 

pile. Stream, near Brenneman's 240 

pile. Stream, near Gross' 240 

stone. O. M. Creek, near Welch Church. . 620 

pile. O. M. Creek, near Carson's 400 

pile. Turkey Creek, near Plashel's 40( > 

pile. Stream, near McCraith's 240 

pile. Deer Creek, near Hogan's. . . 240 

pile. Rapid Creek, near Holland's 400 

pile. Mill Creek, near Conklin's 288 

pile. Lengle Creek, near Fuhrmeister's. . 320 
pile. On line Johnson and Linn counties.. 288 

pile. Old Channel, O. M. Creek 240 

pile. O. M. Creek, at Kaufman's mill 600 

pile. Old Man's Creek, near Sehorn's. . . . 288 

Masonry- — Abutments, Ralston creek bridge and riprap $ 686.50 

Masonry — Abutments, O. M. creek and riprap 1,690.75 

Masonry — Abutments, Pardieu creek bridge and riprap 566.26 

Masonry^ — North Bend stone coping on R. and O. M. Creeks. 106.00 
Iron — ^Eight iron columns, two iron pile caps, Buck creek bridge. 165.00 
Iron — Eight iron columns, two iron pile caps, Knapp creek bridge 165.00 

Cost of new work $14,343.51 



Hardin 30 

Lucas 36 

Hardin 30 

Hardin 40 

Fremont 60 

Lincoln 46 

Scott 30 

Pleasant Val'y 30 

Madison 36 

Madison 30 

Hardin 50 

Hardin 36 

Union 30 

Monroe 30 

Jetlerson . ... 36 

Monroe 60 

Penn 36 

Clear Creek . . 30 

Oxford 60 

Sharon 30 

Liberty 30 

Union 80 

Union 50 

Newport 50 

Clear Creek. .30 
Clear Creek . . 30 
Graham. . 
Big Grove. 
Big Grove. 
Big Grove. 
Liberty .... 

Union 75 

Union 34 



.50 
.36 
.40 
.36 
.30 



RIPRAP, GRADING, MATERIAL AND REPAIRS. 

Riprap stone work built in prior $ 

Grading approaches to thirty-four 

Lumber and other material for repairs 

Repairs to Hamilton's bridge abutments 



266.00 

885,38 

84.05 

141>.25 



228 HISTORY OF JOHNSON COUNTY. 

Repairs to Robert's ferry bridge abutments 82.00 

Temporary crossings 15.50 

Removing old Buck creek bridge , . . 12.00 

Moving bridge, Monroe 25.00 

Extra piling in Hardin and Union 44.20 

Repairs on old bridge, Clear creek 29.75 

Repairs bridge, Oxford 14.31 

Sundry minor repairs 61.95 

Committee work to bridge account 21.00 

Total new work, repairs, etc $16,033.90 

Balance to E. J. C. Bealer on account of 1877 22.50 

Balance to Richard Long on account of 1877 1,358.78 

Total for 1878 17,415.81 

Less one-half cost of county line bridge to Linn county 164.00 

Net expenses to bridge fund, 1878 17,251.18 

At the close of 1877, there were, 'Permanent Bridges' 67 

There now are, 'Permanent Bridges' 101 

On stone abutments and piers 31 

On iron foundation 6 

On pile foundation '. 64 

There is due Long on contract 3,003.32 

Balance cash on hand 1,888.84 

Amount carried over 1,114.48 

Iowa City, January 1, 1870. 

REPORT OF BRIDGE COMMITTEE. — 1879. 

To the Board of Supervisors — Gentlemen: The" committee on 

bridges and highways submit herewith their annual report, showing the 

amount of work done during the year 1879, and the cost of the same: 

Township. Length of span. Cost. 

Oxford 50 feet $375 

Oxford 60 feet 450 

Fremont 30 feet 675 

Pleasant Valley and Lucas 40 feet 300 

Pleasant Valley and Lucas 30 feet 225 

Washington 50 feet 375 

Washington 30 feet 675 

Hardin 40 feet 300 

Hardin 50 feet 375 

Jefferson 30 feet 450 

Jefferson 36 feet 540 

Monroe 30 feet 225 

Monroe 40 feet 300 

Big Grove 30 feet 450 

Big Grove 40 feet 300 

Big Grove 50 feet 375 

Madison 30 feet 450 

Clear Creek 30 feet 225 

Penn 30 feet 205 



HISTORY OF JOHNSON COUNTY. 229 

Cedar 30 feet 450 

Liberty 60 feet 450 

Union 40 feet 300 



Total $8,470 

These bridges are Loner's Patent Combination, and were built bv 
Richard Long, of Iowa City. 
There were also built: 

One common strain beam bridge in Pleasant Valley )j. 

One common strain beam bridge in Lucas. . I ^ 118.00 

Masonry and riprap 625.80 

Extra piling 28.65 

Iron abutments 750.00 

Grading 658.00 

Repairs and painting 897.09 

Expenses board charged to bridge 884.54 



Total new work and repairs $ 12,433.33 



Paid Long balance, 1878, account $ 2,997.32 



Total expenses to bridge fund $ 15.430.65 



The contracts are paid in full except a few claims included 

and uncalled for $ 15.91 



Due from bridge fund $ 15.91 



Balance cash on hand January 1, 1880 $ 1,723.30 

Of the bridges built during the year, five have iron, one stone, and 
twenty-five wood pile foundations. 

Bridges at the close of 1878 101 

Added in 1879 31 

On stone 32 

On iron 11 

REPORT OF BRIDGE COMMITTEE. — 1880. 

lo the Hon. Board of Supervisors of Johnson County — Ge)itlenien; 

The committee on highways and bridges herewith submit their annual 
report of the work under their supervision for the year 1880: 

BRIDGES BUILT. 



Length of Founda- 
Township. span. tion. Cost 

Fremont 30 feet 

Lincoln 30 

Pleasant Valley 30 

Newport 16 

E. Lucas SO 

Liberty 30 

Liberty 40 

15 



..pile $ -240.00 

" 240.00 

" 480.00 

« 60.00 

" 240.00 

" 480.00 

" 320.00 



330 HISTORY OF JOHNSON COUNTY. 

Sharon 30 feet pile 465.00 

Washington 40 " " 320,00 

Union 30 " " 450.00 

Union 70 " iron 700.00 

Clear Creek 40 " pile 300.00 

Clear Creek .■ 30 " " 225.00 

Clear Creek Arch .... stone 989.60 

Madison 30 feet pile 450.00 

Monroe 30 " .... " 450.00 

Jefferson 30 " .... " 675.00 

Big Grove 36 " .... " 270.00 

Big Grove 50 « .... " 375.00 

Oxford 30 " .... " 225.00 

Graham 30 " .... " 225.00 

E. Lucas 30 "... stone 300.00 

Cedar 30 " ... .pile 900.00 



Total $9,379.60 

Of the above bridges twenty-nine are Long's patent combination arch 

and were built by Richard Long, of Iowa City. Two are iron bridges, 

"Whipple tvpe," one combination truss bridge and were built by Geo. T. 

Baker. One stone arch, and one common w^ooden bridge. 

Abutments $ 490.00 

Repairs and extra piling 322.89 

Grading 711.40 

Riprap 150.50 

Expenses board of supervisors charged to bridge 863.73 



Total new work and repairs $11,918.12 

The contracts are paid in full except a few claims included and uncalled 
for, as follow^s: 

Due from bridge fund $ 40.43 



Balance cash on hand Jan. 1, 1881 $1,217.04 

Of the bridges built during the year two have stone, one iron, and thir- 
ty-two wood pile foundation. 

Bridges at the close of the year 1879 132 

Added 188^ 34 



Total No. bridges 166 

On iron foundation 12 

" stone " 34 

" pile " 120 

Respectfully submitted, 
Jan. 1, 1881. James B. Strong, Chairman Bridge Com. 



HISTORY OF JOHNSON COUNTY. 



231 



c. 



u 






u 
(( 
(( 
(( 
(( 
a 



il 



Founda- 
lion. 

Pile . . 






stone 
pile . 









,$ 



REPORT OF BRIDGE COMMITTE — 1881. 

To the honorable Board of Supervisors oj yohnson county : 

Gentlemen: The committee on hicrhways and bridges, herewith sub- 
mit their annual report of the work done under their supervision durinfj 
the year 1881. *^ 

Length of 
Township. span. 

Union 50 feet . 

30 

70 

40 

Oxford 40 

30 

36 

Lucas 30 

" 30 

" 20 

Clear Creek 30 

Scott 30 

On county line between Cedar 

and Johnson counties 30 

Graham 30 

20 

Newport 30 

16 

Lincoln 30 

" 36 

On line between Lincoln and 

Fremont townships 30 

Fremont 30 

..30 

On the line dividing Muscatine 

and Johnson counties 30 

Sharon ,30 

Pleasant Valley 30 

Washington 40 

30 

Hardin 30 

36 

Madison 60 

Penn 16 

Monroe 36 

Jefferson 30 

Liberty 30 

Big Grove 36 

" 18 



Cost. 
345.00 
205.50 
479.00 
280.00 
280.00 
205.50 
246.60 
616.50 
205.50 
90.00 
411.00 
205.00 

205.50 
205.50 
105.00 
205.50 
95.00 
205.50 
252.00 

205.50 

205.50 
205.50 



205.50 
411.00 
616.50 
554.50 
205.50 
411.00 
252.00 
411.00 

90.00 
252.(10 
411.00 
411.00 
252.00 

7O.00 



$10,013.10 

Of the above bridges, twenty-six are Long's patent combination arch, 
and two common wooden bridges, and were built by R. Long, of Iowa 
City. Fifteen are Javne's patent combination arch, and two common 
wooden bridges, built" by Jno. E. Jaynes, of Iowa City. Also one com- 
mon wooden bridge, built by W. A. Palmer, of Solon, Iowa. 



232 HISTORY OF JOHNSON COUNTY. 

Appropriation to Iowa City for bridges $ 400.00 

Care of Iowa river bridge at Iowa City 68.00 

Abutments 997.25 

Repairs, material and extra pilings 1,768.48 

Grading 1,240.70 

Riprap 353.43 

Expenses board of supervisors charged to bridge . . . 886.79 

Total new work and repairs $15,727.75 

The contracts are paid in full, except a few claims included and uncalled 
for as follows: 

Due from bridge fund $ 74.18 

Balance cash on hand January 1, 1882. •. 177.20 

Of the bridges built during the year, one has stone foundation and forty- 
five have wood pile foundation. 

Bridges at the close of the year 1880 166 

Added, 1881 46 

Total number bridges 212 

On iron foundation 12 

On stone " 35 

On pile " 165 

Respectfully submitted, 

Bruce Patterson, 
Chainnan Bridge Committee. 

the IOWA CITY BRIDGE. 

Sept. 7, 1864. The undersigned bridge committee, to whom was 
referred the matter of the free bridge across the river at Iowa City, 
report: 

1st. That said bridge has been completed and accepted. 

2d. The cost was as tollows: 

Building new span $4,290.00 

Repairing old bridge as per contract 1,200.00 

Extra work and material not in contract 162.06 

Lumber furnished by Close & Gant = 78.00 

Boomer for right 250.00 

Interest o.i sums borrowed, and stamps 250.21 

Total $6,230.27 

Which was paid as follows: 

Note to state bank, due Oct. 18, 1864, for $5,972,42 

Proceeds of old material 257.85 

Total $6,230.27 

Contract and vouchers are respectfully submitted. 

rSigned.1 Iohn P. Huskins, ) ,, .^, 

•- ^ -" •£, TT -c r Committee. 

hAMUEL H. l^AIRALL, 



HISTORY OF JOHNSON COUNTY. 233 



EARLY ROADS AND FERRIES. 



The first ferry that was ever started in Johnson county, was by Ben- 
jamin Miller, in the winter of 1838-39, and was located just below the old 
mouth of Ralston creek, and a little below where the B., C. R. and N. 
R. R. now crosses the Iowa river. It was just at or near the upper edge 
of the old Napoleon town site. 

The first record of a ferry license issued by the count}- board is of date 
March 6, 1840, to Sturgis & Douglas — license to keep a ferry for one 
year, at the place on the Iowa river, known as Sturgis' ferry. They were 
charged [five dollars for the license, and the following was fixed as the 
toll rates for all ferries in Johnson county: 

For a footman 12^ cents 

One horse and wagon 37^ " 

One yoke of oxen and wagon 50 " 

One span of horses and wagon 50 " 

One horse and man 25 " 

Each additional horse or yoke of oxen 12^ " 

Each head of neat cattle in droves 6^ " 

Sheep and hogs per head 3 " 

At the same date license was issued for "Andrew D. Stephen and 
others" (the old original record says "& Co.") to keep a ferry where the 
National road crossed the Iowa river; and they were charged fifteen dol- 
lars license fee — just three times as much as the Sturgis' ferry. That was 
the main line of travel in this region at that time. But this Stephen 
license was revoked October 13, 1840, because, as the record states, "the 
said A. D. Stephen having neglected an unreasonable time to erect the 
same." And the fifteen dollars license fee received was paid back to 
Stephen. 

The next ferry license was issued October 12, 1.840, to F. A. A. Cobbs, 
for a ferry at Napoleon, the one first started by Benj. Miller. He was 
required to pay ten dollars per year, and give a bond for two hundred 
dollars with free-hold security. This was the first bonded ferry license; 
and the bill of toll rates which had been ordered in March for the whole 
county was now changed for this ferry in the following particulars: 

Footman, 6j cents, instead of 12|^. 

Man and horse, Vh\ cents, instead of 25. 

Horse and carriage, 25 cents, instead of 37^. 

Two horses or oxen and wagon, 37^ cents, instead of 50. 

Each additional horse, 6^ cents instead of 12^. 

The younger readers of this history will wonder how change was made 
for one-half cents, and one-fourth cents in paying the above ferriage rates. 
And it is proper here to explain that in those days the silver coin used in 
the United States was mostly of Spanish or Mexican product; and they 
furnished a 12^ cent piece, which was called by various names in difierent 
parts of the country, such as "bit," "levy," " 'levenpence," "shilling," etc.; 



234 HISTORY OF JOHNSON COUNTY. 

while the 6J cent piece was called "fip," "fippenny-bit," "six-pence," 
"picayune," etc. This was before the days of "dimes" and "nickels." 
There was also occasionally a copper half-cent coin met with, but they 
never got into common use. One cent pieces, or "coppers" as they were 
called, were common; and very often in making change one party or the 
other had to give oft the half cent. 

The first ferry license at Iowa City was issued October 13, 1840, to 
John Abel, who was to pay fifteen dollars per year. The toll rates were 
fixed the same as at Napoleon, but there is no mention of any bond in the 
case. 

But it appears that Mr. Abel relinquished this ferry the next year, and 
on Oct. 4, 1841, a license was granted to Pleasant Arthur to keep a ferry 
at the same place. The license fee was raised to twenty-five dollars, and 
this was paid by Dr. Ballard, on October 8th. 

FIRST COUNTY ROAD. 

The first mention that appears of record in regard to any road, is of 
dale. May 1.5, 183'J, where the "court orders that Samuel H. McCrory 
be appointed as a commissioner on the part of the county, to locate a ter- 
ritorial road leading from opposite Oquawka, Illinois, to Napoleon." 

The next road item recorded is of date January 1, 1840, when the fol- 
lowing appears: 

"Ordered, that John Gilliland be allowed ten dollars and fifty cents for 
services as surveyor on the territorial road from Oquawka to Napoleon." 
At the same time, Jacob S. Rinearson and Daniel Brewer were allowed 
nine dollars each for services rendered the county as road commissioners. 
The record does not show that McCror}' ever acted on his appointment. 

The next is March 6, 1840, when a petition was presented for a county 
road running northwesterly from Iowa City ten miles after crossing 
Clear creek. John Eagan, Warren Stiles and Jonathan Harris were 
appointed to locate this road; and this was in fact, Road Order No. /, of 
all that have ever been issued in Johnson county. 

The next road record occurs July 4, 1840, and pertains to the Johnson 
county part of the road from Iowa City to Burlington, on which Michael 
Ritner was the surveyor, and J. Larton and L-uke Douglas the road com- 
missioners. Any roads prior to these were either the old Indian trails or 
the hap-hazard ox wagon tracks, wherever they could find a dry and level 
passage across the prairies. And any work done toward fixing a way 
to cross any brook, ravine, or creek, was a private matter, and no thanks 
to the county. 

After this, road matters crowd on rapidly. It appears that Johnson 
county joined interest with the Bloomington people, to make a good 
wagon road between the two points, for on October 13, 1840, the county 



HISTORY OF JOHNSON COUNTY. 235 

board paid sundry claims for work on a new road from Bloomington 
[Muscatine] to the west line of Washin<ijton county, as follows: 

Name. Amount paid. Service rendered. 

Cyrus Cox $1 50 commissioner. 

A. H. Haskell 1 50 commissioner. 

I. B. Davis 2 50 surveyor. 

Isaac Reeder 1 25 chainbearer. 

Cj'rus Cox agjain 1 25 chainbearer. 

Samuel Cooper 3 50 self, oxen and wagon. 

The same day a lot of claims were allowed for services to the county in 

locating "the road from Bloomington to Iowa City;" and this is ihejirst 

mention in the records of Iowa City in connection with any road. The 

claims' in this case were: 

I^ame. Am't. Service. 

T. L. A. Boalsby $ 3 75 chain carrier. 

William A. Bagley 3 75 axman. 

J. G. Lane 7 50 with team. 

William Grear 5 00 . .chain carrier and preparing 

stakes. 

Robert Stuart 7 50 surveyor. 

Samuel H. McCrory 16 00 commissioner. 

On the same day bills were allowed for services on the road from 
Wyoming to Iowa City, as follows: 

John Sherfy 17 50. . .commissioner and surveyor. 

John Hesser 8 25 commissioner, 

John G. Lane 1 25 with team-. 

A. Bagley 62i^ marking out the road. 

William Grear 62| chain carrier. 

William B. Snyder 13 50 with team, etc. 

FIRST ROAD PLAT. 

The first plat, map or diagram of a road that was recorded and pre- 
served was made by William McCormick, surveyor, of a road from Iowa 
City, which kept on the east and north side of the river, to the west line of 
the county. The road was located by James Cavanagh, John Eagan and 
C. S. Foster, February 18, 1841. On this plat Rapid creek is marked 
Rabid creek. 

In connection with these first county roads comes up the case of the old 
National or Military road between Iowa City and Dubuque. The " old 
settlers " of Johnson county differed among themselves somewhat in 
regard to it; but there was no records or official source within our reach, 
so we wrote to Hon. Edward Langworthy, of Dubuque, for a sketch of 
his recollections in regard to it, as he was one of the contractors who built 
it, and received the following reply from the aged veteran: 

MR. LANGW^ORTHY's LETTER. 

Dubuque, Aug. 3, 1882. 
H. A. Retd, ^5^.,— Dear Sir: In replying to yours of July 31, I have 
taken a part of my seventy-iourth birthday for that purpose, as it calls to 



236 HISTORY OF JOHNSON COUNTY. 

my mind the very many pleasant days I have spent in your beautiful Iowa 
City and the many acts of kindness I have received from the citizens of 
that place. In its darkest days it was in my power to render your town 
some service in hastening the construction of the capitol when almost a 
majority of the territorial legislature were determined on stopping its pro- 
gress; and I received a very cordial invitation to partake of a public din- 
ner there — which my duties compelled me to decline. But I told them I 
would spend an evening with them on my return trip home — and a happy 
evening it was to me, as the whole city met me with kindly greeting and 
very complimentary addresses. I also had the pleasure of a residence, or 
stay, in your city, as a member of the first constitutional convention; but 
we made the state too large (northerly) to suit our southern friends, and 
it failed before the people. But my stay there was made very pleasant 
by my old-time friends. 

Regarding the militar}' road from Dubuque to Iowa City, I can give 
you some information. My brothers, James L. and Lucius H., and 
myself had the contract to make the road from Dubuque to the Cedar 
river, and at the risk of taking something from the romance of the late 
publications, I will giv^e the facts according to my present recollection of 
them. There was an appropriation for that object and it was placed 
in charge of a Mr. Tighlman, a U. S. engineer, who made a thorough 
survey of the whole route and let the contracts, after which he directed 
Mr. Lyman Dillon, of Cascade, to plow a furrow on one side the whole 
length of the road, which he did under the personal superintendence of 
the engineer, as a guide to the contractors. 

The road was sub-let by us in small sections from here ^o Cascade, and 
the balance was done by my oldest brother, James, who had a large force 
of men and teams all the season at work on the road, and completed the 
same to the entire satisfaction of the engineer. I remember driving my 
carriage with some eastern friends on that road to Iowa City while the 
work was progressing, and after looking over the city and its surround- 
ings we returned one afternoon and camped with my brother James and 
his men on the east end of the renowned Linn Grove, and reached 
Dubuque next day by early moonlight. In those early days the counties 
of Johnson and Linn were intimately connected with Dubuque in all their 
business relations; it was here they sold their pork and produce, and here 
they found moneyed men to enter their land for them at twenty per cent, 
interest, and here they found their political friends who, joined with the 
people of Lee and other southern counties, located the capitol in Iowa 
City as against the united voice of Burlington, Fairfield and the balance 
of then Central Iowa; and when removed it was west — not south. 

I am, dear sir, yours, 

Edward Langworthy. 



HISTORY OF JOHNSON COUNTY. 2^1 

CHAPTER III.— PART 2. 



Railroad Bond Votes— Frauds— Swindles— Lawsuits— Big Taxes to Pay— Etc., Etc. 
The original records of the Davenport and Iowa City Raih'oad Com- 
pany are before us, of which the Secretary, H. W. Lathrop, of Iowa 
City, writes: 

This was the first railroad company organized in the State, (Oct. 14, 
1850,) and although it has ceased to exist, the Mississippi & Missouri 
Company, phoenix-like, has risen from its ashes. The stock subscribed 
never amounted to more than $15,000, and only sufficient was paid in to 
procure a survey of the route from Davenport to Iowa City, and a publi- 
cation of the engineer's report and accompanying diagram. 

At the last meeting of the Board of Directors, the record of which was 
lost, a transfer of all the rights, privileges, benefits, franchises, etc., etc., in 
the possession of the company, was made to the Mississippi & Missouri 
R. R. Co. The meeting was held late in the afternoon, and at its close. 
Dr. Henr}' Murray was dispatched immediately to Davenport with a 
transcript of the proceedings, that he might lay it before the directors of 
the latter company at a meeting to be held in that place the next day- 
Traveling on horseback most of the night, he reached Davenport in time 
to lay before the directors at the commencement of their meeting the pro 
ceedings in relation to the transfer. The grant was accepted and the 
conditions complied with by making Iowa City a point on the M. & M. 
road. 

We next present all the votes ever given in the county to aid railroads 
by bonds, tax levies, land grants, etc. 

TAX VOTED FOR THE LYONS I. C. R. R. 

In June 1853, the people voted on a proposition to aid this railroad enter- 
prise, the main features of the proposition as voted upon being as follows: 

That the county of Johnson will aid in the construction of the Lyons' 
' Iowa Central Railroad within the limits of said county, in case Iowa City 
be made a point in said road, by subscribing fifty thousand dollars stock; 
that county bonds shall be issued therefor bearing interest, and payable 
within twenty years- that an annual tax of three mills on the dollar be 
levied for the paymeni of the interest annually on said bonds; that after 
ten years the rate of tax for such purpose be increased to an amount not 
exceeding one per cent on the taxable property within the county for the 
purpose of paying oft' said bonds and interest thereon, to be continued 
until said bonds and interest are all paid. 

The vote on this proposition, on June 16, 1853, is shown by the follow- 
ing returns: 



_ . . For R. K . Against 

Townships. rpjjx. R.K.Tax 

Cedar 16 2 

Washington 22 1 

Penn 29 6 

Pleasant Valley .. . 16 10 

Monroe 11 2 

Scott 17 4 

Iowa City 231 



^ ^. ForR. R. Against 

Townships. rpjjjj. R. R.Tax 

Liberty 30 6 

Newport 31 6 

Bigf Grove 39 T 

Union H ^ 



Total 453 46 

Majority for railroad tax, 407. 



238 HISTORY OF JOHNSON COUNTY. 

VOTE ON THE M. & M. R. R. TAX. — AUGUST, 1853. 

The main features of the proposition in this case were as follows: 

That the county of Johnson will aid in the construction of the Missis- 
sippi and Missouri railroad, within the limits of said county, in case Iowa 
City be made a point in said road, by subscribin<( fifty thousand dollars 
stock; that county bonds shall be issued therefor, bearing interest, and 
payable within twenty years; that an annual tax of three mills on the 
dollar be levied for the payment of the interest annually on said bonds; 
that after ten years the rate of tax for such purposes be increased to an 
amount not exceeding one per cent on the taxable property within the 
county, for the purpose of paying off said bonds and interest thereon, to 
be continued until said bonds and interest are all paid. 

The following shows the vote of each township, August 6, 1853: 

„ .. For the Rail- Against the R. rr.,,,-! 

Township. road and Tax. R. and Tax. ^"^'**- 

Iowa City 371 1 372 

Big Grove 52 23 75 

Washington.... .• 47 2 49 

Penn 38 . . 38 

Pleasant Valley 31 5 36 

Liberty 20 6 26 

Newport 55 1 56 

Clear Creek 28 .. 28 

Scott 32 .. 32 

Union 15 2 17 

Cedar 16 9 25 

Monroe 5 38 43 

Total 710 87 797 

Majority for the railroad and tax, 623. 

On September 1 the $50,000 of county bonds were issued, and 
*' placed in the hands of Ebenezer Cook, of the city of Davenport, Iowa, (of 
the banking firms of Cook & Sargent, at Davenport, and Cook, Sargent 
& Dow^ney, at Iowa City,) to be by him negotiated in the city of New 
York, upon the best possible terms, for the said county of Johnson, for the 
payment of said stock." 

$225,000 RAILROAD BONDS VOTED. 

On April 6, 1857, a vote was taken on two railroad bond propositions, 
at the same time. One was to subscribe one hundred and seventy-five 
thousand dollars ($175,000) to the capital stock of the "Iowa Union Rail- 
road Company," in the name and by the authority of Johnson county; and 
the other was to subscribe fifty thousand dollars ($50,000) to " the Great 
Western Railroad Company, or to such other company as shall first suc- 
ceed in constructing a continuous line ot railroad from the Mississippi 
river, via Devvitt, in Clinton county, and Tipton in Cedar county, to the 
east line of Johnson county, and make Iowa City a point in the continua- 
tion of such road." 



HISTORY OF JOHNSON COUNTY. 23{> 

The result of this vote ^as a«^ follows: 

Township. Union Railroad. G. W. Railroad. 

For. Against. For. Against. 

Iowa City 840 19 830 17 

Cedar g 43 8 48 

Big Grove 6 83 3 85 

Jefferson 18 IG 2 20 

Monroe 10 52 12 49 

Clear Creek ....'... 2 45 1 45 

Penn 25 88 28 84 

Newport 19 18 25 14 

Graham 7 23 26 17 

Scott 17 43 19 41 

Union 1 52 1 52 

Washington 1 115 3 103 

Liberty 6 90 3 90 

Pleasant Valley 41 6 30 8 

Fremont 47 6 6 12 

Total 1048 704 997 691 

lOM^A CITY RAILROADS IN 1857. 

To show the glowing prospective of railroad matters in 1857, we copy 
from the City Directory, published in that year for the first time, the fol- 
lowing items: 

There are two railroads in contemplation, that, if completed, make the 
future prospects of Iowa City truly encouraging. 

The first is the Great Western Railroad, running from Camanche, 
on the Mississippi river, in Clinton county, by the way of Tipton, in Cedar 
county, to Iowa City. The company was incorporated and permanently 
organized, by the election of the following officers: President and Chief 
Engineer, Chas. B. Stuart, of New York Cit}^; Vice-President, S. J. 
Crew, of Tipton; Secretary, Geo. W. McCleary, of Iowa City; Assist- 
ant Secretaries, N. H. Parker, of Camanche, and J. B. Betts, of Tipton. 
The road is under contract, and whenever the weather permits the work 
progresses. 

The second is the Iowa Union Railroad. It has also been incorpo- 
rated and organized by the election of the following officers: President, 
Legrand Byington, of Iowa City; Vice-President, Geo. Greene, of Cedar 
Rapids; Treasurer, M. L. Morris, of Iowa City; Secretary, Geo. W. 
McCleary, of Iowa City; Executive Committee, Legrand Byington, 
ex-q^c/o, John Clark, of Iowa City: D. H. Downey, of Iowa City. This 
road is to run north and south, through the State, intersecting the Keokuk 
road in the south, and the Dubuque road in the north, thus forming a 
link in the great chain extending from St. Paul, in Minnesota, to St. Louis, 
in Missouri. 

SPECIAL appropriations. 

January 4, 1866, the county board appropriated $1,2U0 to aid the St. 
Louis and Cedar Rapids R. R. Co. in making a survey through Johnson 
county. On June 5, 1866, the board voted to transfer this $1,200 donation 
to the Iowa Northern Central R. R. Co., and at the same time they 



240 HISTORY OF JOHNSON COUNTY. 

donated another sum of $1,300 for the same purpose, making $2,500 in 
all, to aid the I. N. C. Co. in making its surveys. 

THE IOWA UNION RAILROAD. 

Proceedings of a Railroad Meeting held at Iowa City, Oct. /^, i86^. 

Hon. S. J. Kirkwood was elected chairman, and N. H. Brainerd and 
Jno. P. Irish secretaries. Report of St. Louis committee and correspond- 
ence was read for information of the meeting. On motion, the chair 
appointed a committee of five, consisting of Geo. Boal, W. B. Daniels* 
Cyrus Sanders, Jesse Westenhaver and Jas. B. Edmonds, to draft resolu- 
tions expressing the sense of the meeting upon the matter under consid- 
eration. 

Mr. Byington moved the reference to that committee of the following 
resolutions: 

1. That a committee of five citizens of Johnson county be appointed 
and charged with the duty ol procuring such action of the Iowa Union 
R. R. Co. as will insure the building of a road from Cedar Rapids via 
Iowa City to Mt. Pleasant. 

2. That a committee of five citizens of Johnson county, be appointed, 
whose duty it shall be to consult with the directors of the Chicago, Iowa 
& Nebraska Railroad Company, and ascertain to what extent and upon 
what terms said company will aid in building a railroad from Cedar Rapids 
to Iowa City. 

3. That a like committee be appointed, whose duty it shall be to 
consult with the directory of the Keokuk & Mt. Pleasant Railroad Co., 
and ascertain to what extent and upon what terms said last named com- 
pany will aid in building a railroad from Iowa City to Mt. Pleasant. 

These resolutions were referred, as asked in motion. Committee 
reported the following resolution: 

Resolved, That in the judgment of this meeting, the citizens of Johnson 
county should and will aid liberally in building a north and south railroad 
through Iowa City. 

The resolutions of Mr. Byington were reported back, with recommen- 
dation that the committees asked by them be appointed. Report adopted* 
and the following gentlemen appointed by the chair: Under the first 
resolution, G. E. DeForrest, P. A. Dey, Cyrus Sanders, W. H. Hubbard 
and Jas. McConnel. Under the second resolution, R. S. Finkbine, Jno. 
Williams, E. Clarke, T. S. Parvin and Geo. J. Boal. Under the third 
resolution, Jno. R. Van Fleet, N. H. Brainerd, Thomas Hughs, Geo. Paul, 
M. T. Close. 

On motion of Capt. F. M. Irish the chair appointed W. B. Daniels, C. 
W. McCune and E. T. Seymour, a committee to confer with the citizens 
of Cedar Rapids and the officers of the C. R. & S. S. R. R. as to the 
terms upon which Iowa City can secure a position upon this line. 

E. Sheppard and R. S. Finkbine were appointed a committee to confer 



HISTORY OF JOHNSON COUNTY. 241 

with the business men of Washington as to the aid they will give the 
proposed line. 

Mr. Boal introduced the following resolution: 

Resolved, That a committee of three be appointed to confer with the 
business men of St. Louis, interested in this road, and secure, if possible, 
their co-operation in locating the road down the Iowa Valley, via Iowa 
City, and report to some future meeting at this place. 

Which was adopted, and Geo. J. Boal, Jno. Powell and Jas. B. Edmonds 
appointed as such committee. 

On motion, the meeting adjourned to Saturday, Oct. 21, 1865, at two 
o'clock p. M., at which time and place all of the above committees, save 
the last named are expected to report. 

Jno. p. Irish, S. J. Kirkwood, President. 

N. H. Brainerd, Secretaries. 

PROCEEDINGS OF ADJOURNED RAILROAD MEETING. 

Meeting convened in pursuance of adjournment. 

The committee appointed to confer with the I. U. R. R. Co., reported 
through Mr. Dey. Had consulted with officers of that company, and 
thought there would be no difficulty jn constructing a road from Iowa 
City to Columbus City, but there would be on that part of the line from 
Iowa City to Cedar Rapids. Mr. Dey thought it was only necessary to 
make a proper eflbrt to present our advantages fully to Mr. Angle and 
his company, and we would have but little trouble in getting a position on 
their line. 

Committee appointed to confer with the C, I. & N. R. R. Co. reported 
through Mr. Brainerd that nothing had been done. 

Committee of conference with S. L. & C. R. R. Co. reported through 
its chairman, Mr. Daniels, most favorably. Eflbrts had been made by 
gentlemen from Cedar Rapids to secure for Iowa City a representation 
in the late convention at the former place. Mr. Angle was strongly in 
favor of the road coming to Iowa City, and would be here himself in a 
few days for a personal inspection of the route, conference with citizens, etc. 

Committee to confer with business men of Washington county reported 
that nothing had been done. 

Mr. Byington moved that a committee, consisting of six members from 
Iowa City township, and two from each of the other townships in the 
county, be appointed and charged with the duty of ascertaining the 
amount of money that can be raised in Johnson county by donations, or 
stock subscriptions, or both, to be expended under the direction of the 
C. R. & St. L. R. R. Co., upon condition that Iowa City shall be made a 
point upon said route; and that said committee make report to an 
adjourned meeting on Saturday, the 28th day of October, 1865. Adoptedi 
and the followmg gentlemen appointed: 



242 HISTORY OF JOHNSON COUNTY. 

Iowa City — ^John Powell, Wm. B. Daniels, Joseph McConnell, James 
H. Gower, E. Clarke, Sylvanus Johnson. 
Clear Creek, George Paul, Bryan Dennis. 
Big Grove— C. W. McCune, Oris Pratt. 
Pleasant Valley— B. B. Boydson, G. F. DeForrest. 
Penn — D. A. Shaler, Capt.'^ Stewart. 
Scott — ^John Parrott, L. W. Lee. 
Oxford— Luther Doty, Squire Hartwell. 
Liberty— M. B. Cline, Vvm. L. Figg. 
Graham — W. H. Boyce, Jesse Westenhaver. 
Union — Phineas Harris, M. A. Humphries. 
Madison — David Wray, James Chamberlain. 
Jefferson — A. Sulek, Capt. Shuey. 
Newport — H. Felkner, Brad Henyon. 
Monroe — W. W. Kirk wood, Wesley Dean. 
Cedar — Allen Sutlit^e, Squire Collins. 
Sharon— Joe. P. Miller, S. H. Bonham. 
Washington — Elias Howell, T. R. Fry. 
Hardin— A. D. Packard, Squire Hardin. 
Fremont — Richard Huskins, H. Welch. 

Committee appointed to solicit subscription in contiguous points in 
Cedar county, Robert Gower, W. Gonsales, W. C. Atwater, Ed. Wright. 

The meeting was addressed upon the various questions before it, by 
Robert Gower, Wm. B. Daniels, N. H. Brainerd, John WilHams, Legrand 
Byington, F. M. Irish, James B. Edmonds, Capt. Gaston, Judge Miller, P. 

A. Dey, and many others, all manifesting the warmest interest in the object 
in view. On motion, a committee of three, consisting of Gov. Kirkwood, 
F. M. Irish and Wm. B. Daniels, was appointed to draft an address to the 
people of Johnson county, and procure publication of same for distribution. 

On motion, the chair appointed Wm. B. Daniels, N. H. Brainerd, Jas. 

B. Edmonds, P. A. Dey and John P. Irish, a committee to confer with 
and entertain President Angle during his visit to Iowa City. 

On motion, the chair appointed P. A. Dey, Cyrus Sanders, and John 
R. Van Fleet a committee to carefully examine the proposed route south 
from Iowa City, in order to be prepared to report upon the same to Mr. 
Angle, and also to a future meeting. 

C. W. Hobart and Robert Hutchinson were appointed a finance com- 
mittee to raise funds immediately to defray current expenses involved in 

these initiatory steps. 

S. J. Kirkwood, President. 
Jno. p. Irish, Secretary. 

THE railroad LAND GRANT VOTE. 

At their June session, 1866, the county board of supervisors — 

Resolved, That we hereby give to the Iowa Northern Railroad Com- 
pany, all the indemnit}^ lands of Johnson county, located with the swamp 
land scrip of said count}^ to aid in constructing said railroad on the line 
purposed by said company, such grant to be first submitted for ratifica- 



HISTORY OF JOHNSON COUNTY. 248 

tion to the electors of said county, at the general election, in October, 1806, 
on due legal notice given by the clerk of this board. 

Resolved^ That the grant of said lands be made to Jeptha Cowgill, as 
trustee for said I. N. C. R. R. Co., to be by him granted and conveyed to 
said company, as follows: twenty-five per cent of said land, immediately 
upon a ratification of this grant by the electors at said election; twenty- 
five per cent when one-fourth of the grading of said road in Johnson 
county is completed; twenty-five per cent when one-half of said grading 
is completed, and twenty-five per cent when the railroad is graded ready 
for the ties. 

Resolved, That on the completion of said I. N. C. R. R., said Cowgill, 
trustee as aforsaid, shall be required to distribute the full amount of stock 
that may have come into his hands in pursuance of the provisions of all 
the foregoing resolutions, pro rata, among all the individual stock holders 
of said Johnson county. 

The announcement or official notice for this election was a lengthy docu- 
ment, the main points of historic value being the three resolutions above 
quoted. The remainder of the document recited various incidental details 
of the manner of carrying out the general purpose intended. The result 
of the vote in the countv on this proposition was as follows: In favor of 
the land grant, 2168; against it, 380. 

ELECTION ON COMPOUNDING R. R. DEBT. 

October, 1869, after various votes and counter-votes in the county board 
at different sessions on the matter and manner of settling up the county's 
railroad bond debts, a popular vote was finally ordered on the following 
proposition: 

Whereas, heretofore, to-wit: on or about the first day of September, 
1853, the sum of fifty thousand dollars in bonds of one thousand dollars 
each, payable on the first day of September, 1863, at seven per cent per 
annum, was issued by the County of Johnson, State of Iowa, to the M. & 
M. R. R. Co., with coupons attached, payable semi-annually, and. 

Whereas, afterwards, to-wit: on the first day of December, 1853, 
fifty thousand dollars in bonds, of one thousand dollars each, payable on 
the first day of December, 1873, with seven per cent per annum interest, 
payable semi-annually, was issued by said Johnson county, to the Lyons 
Iowa Central Railroad Compan}^ and. 

Whereas, after all of said bonds were issued as above recited, a disa- 
greement arose between the holders of the same and the authorities of 
said Johnson county as to the value of said bonds, and the legal right of 
the holders to compel the payment of either principal or interest of said 
bonded indebtedness, thereby"' causing vexatious and interminable litiga- 
tion, and, 

Whereas, the 12th General Assembly of the State ot Iowa, at its 
session begun and holden at the city of Des Moines, on the 13th day of 
January, 1868, enacted the following law, to-wit: An Act to enable public 
corporations to settle indebtedness. * * • * 

Shall the county of Johnson settle its debts under and by virtue of the 
provisions of the act as follows, to-wit: " An act to enable municipal and 
pubHc corporations at their election to settle, adjust and compound then- 
indebtedness, and to provide for the issue of new bonds, and for the pay- 



244 



HISTORV OF JOHNSON COUNTY 



ment of such new bonds by the levy of specific taxes, and for this pur- 
pose altering and amending existing charters and laws." Passed April 2, 
1868. 

The result of the vote upon this question was as follows, (October 12, 

1869): 



Township. 

Big Grove 58 

Pleasant Valley 30 

Scott 63 

Monroe 26 

Jefferson 60 

Newport 17 

Madison 35 

Clear Creek 24 

Liberty 50 

Graham 38 



For or against 
the propositon. 
For. Against 

102 
97 
44 
57 
21 
73 
70 
69 
37 
65 



Township, 

Hardin 59 

Oxford 42 

Cedar 46 

Sharon 7 

Union 37 

Fremont 29 

Washington 1 

Iowa City 326 



For or against the 
proposition. 
For. Against. 

56 

86 

49 

101 

59 

87 

105 

655 



Total...., 948 1833 



IOWA CITY VOTES A RAILROAD TAX — 1878. 

June 18, 1878, Iowa City voted in favor of a tax within the city limits, of 
three per cent on the assessed valuation, "to aid in constructing the Iowa 
City and Western Railway from the south line of Iowa City, to the south 
line of Johnson county." 

In 1870 and '71, Iowa City township (then including Lucas township 
and the city) had voted a tax to aid in constructing the Iowa Southwestern 
Railroad. But that project w^ent dead, and its assets, consisting of the 
above promise of aid, which never became due at all, besides a small 
record book, an ink bottle, a wooden ruler, and several rusty steel pens, 
all fell into the hands of E. F. Winslow^ as trustee: and on May 1, 1879, 
he formally and officially transferred, sold and made over all of this valua- 
ble property to the low^a City and Western Railway Company — "for and 
in consideration of the sum of one dollar in hand paid by said Iowa City 
and Western Railway Company, the receipt whereof is hereby acknowl- 
edged," etc. This latter company went dead too, and its proposed road 
was never built. 

WRESTLING WITH THE RAILROADS. — THE BIG FIGHT BEGINS. 

As early as 1855-'56, Johnson county began to struggle with her pet 
railroad-bond anaconda, which had ungraciously commenced tightening 
upon her and squeezing out blood. We have carefully traced through the 
county records and gleaned such points from time to time as will serve to 
show how they struggled with the monster, and finall}' played the drama 
of " the lion and the lamb shall lie down together" — with the lamh inside 
of the lion. 

February 1, 1861, a report was made to the county board which cov- 
ered the whole ground of the county's railroad "investments" up to that 
time. Hence we preserve it here: 



HISTORY OF JOHNSON COUNTY. 245 

To the Honorable Board of Sufervisors of "Johnson Cojmty, lozua : 

Your committee on railroads, to whom was referred all questions per- 
taininfr to the railroad interests of the county, respectfully report — 

That September 1, 1853, Johnson county, after vote submitted to the 
people, subscribed fifty thousand dollars stock to the Mississippi and Mis- 
souri Railroad Company, payable twenty years from date, with semi- 
annual interest at seven per cent, the interest coupons beinj^ attached to 
the bonds, and payable at the office of E. W. Clark, Dodge & Co., New 
York City; that said bonds are all out, and the inierest has all been paid 
up to September 1st, last, and that seventeen hundred and fifty-eight 
58-100 dollars, with the exchange thereon, will be needed to meet the 
interest now accruing, and due the 1st of March next. The county at the 
time of issuing the bonds received certificates of stock (500 shares of one 
hundred dollars each) for an amount equal to the bonds issued, and have 
since received certificates of stock for interest on the bonds prior to the 
declaring of any dividends, to the amount of one thousand three hundred 
and forty-three dollars. No litigation has grown out of our connection 
with this company, which is the only company which has built a road, or 
any part of a road within the limits of this county. The committee desire 
to represent that no revenues have been derived to the county, arising 
from dividends of the company, or taxation of the road, other than one 
dividend of four per cent. 

Your committee further report, that Dec. 1, 1853, the county subscribed 
fifty thousand dollars stock, to the so-called Lyons Iowa Central Railroad, 
and bonds of a like character were issued and certificates of stock received. 
These bonds are all out, and in existence, held in the hands of third parties 
who claim to be innocent purchasers, while no portion of the road has 
ever been built. In consequence of the bad faith of the company, our 
county has not paid the interest on the bonds as it accrued, so that 
numerous suits have been preferred against the county on interest coupons 
matured, the history and condition of which will appear by accompanying 
documents from the attorneys of the county. 

Your committee have ascertained that one judgment of $5,000.00 has 
been rendered against the county, after appeal to the Supreme Court, and 
a tax required by mandamus of the court, of two mills, levied on assess- 
ment of 1858, which has in part been collected and a small amount paid to 
the company. This judgment was obtained b\' Paul B. Ring and assigned 
to H. P. Dox, and there seems to be no legal method of avoiding the 
payment of the tax levied. A similar judgment of $4-55.00 has been 
obtained by S. Whitaker against the county, to be paid out of the tax 
levied to pay the judgment assigned to H. P. Dox. No other judgments 
have been obtained which are now binding on the county. Several cases 
have gone up to the Supreme Court on argument of counsel, and some cases 
are still pending in the District Court of Muscatine county, as will appear 
by the accompanying document. Your committee are of the opinion that 
these suits have been properly resisted by the county, and that there is a 
prospect of decisions of the Supreme Court in our favor. We would 
therefore recommend that the committee or some other person or persons 
be authorized by your board to continue the suits now in court until some 
final decision shall be rendered for or adverse to the county, which shall 
definitely determine the liability of the county upon these bonds. Your 
committee are informed that doubtless these bonds could be bought up by 

16 



246 HISTORY OF JOHNSON COUNTY. 

the county at prices of from twenty-five to forty cents on the dollar if 
deemed expedient. 

Your committee have further ascertained that upon a vote of the 
people, subscribing $175,000 to the Iowa Union Railroad, $3,500.00 of 
bonds were issued on Oct. 30, 1857, one half of which (in October, I860,) 
has been paid and certificates of indebtedness for the remaining half issued to 
the said company. This road nor any pai-t of it has been built, and from 
want of time your committee are unable to decide whether the certificate 
of indebtedness is a legal claim against the county or not. 

Fifty thousand dollars of stock in the Great Western Railroad were 
also voted, but no bonds were ever issued, and there is no prospect of any 
difficulty arising from that direction. 

Your committee would state that but little time or opportunity has 
been afforded them up to the present time, by which to make the neces- 
sar}' investigations in this behalf. All of which is respectfull}' submitted. 

Abel Black, ) 
G. Steinberger, V Committee. 
S. H. McCrorv. ) 

At the same time the above report was made, the county attorneys, 
Edmonds & Ransom, made a report, which looked fair enough then, but 
in the light of later events, it looks very gauzy, and seems to have been 
really a mere makeshift, to gain time for their own profit as in secret joint 
interest with the railroad magnates and manipulators of the east. On the 
same dav, at the afternoon session, the following resolution was adopted: 

/Resolved, That the committee on railroads be instructed to confer with 
the board of supervisors, or committee thereof appointed for like pur- 
poses, of the counties of Scott, Muscatine, Washington, Iowa and Powe- 
shiek, with a view to ascertaining the extent of the actual interest and 
ownership of said counties in the Mississippi and Missouri railroad, and 
whether eastern stockholders have paid in their proportion of stock sub- 
scribed, in accordance with the requirements of the charter and by-laws 
of said company, and have a legal title to the shares held by them, by 
which they control the action and policy of said company. Adopted. 

On January 10, 1862, this report appears of record: 

Your committee on railroads to whom are referred all matters pertain- 
ing to the railroad interests of the county, respectfully report that they find 
that there has been no interest paid on the bonds of the Mississippi and 
Missouri railroad for the past year: there will be due on said bonds on the 
first of March, $3,500, with the exchange to be added. 

Your committee have ascertained that the judgment obtained by Paul 
B. Ring against the county has been paid. 

[This was the judgment on demurrer, for want of coupon seal, that 
estopped all inquiry into the consideration of these bonds.] 

2^our committee find that no benefit has accrued to the county by its con- 
nection zuith railroad companies. All of which is respectfully submitted. 

John P. Huskins, S. H. Hazzard, 

Bradford Hrnyon, James Fagg. 

J. A. Shuey, 
This report indicates that the county had got heartily tired of paying 



HISTORY OF JOHNSON COUNTY. 247 

this profitless interest; and they shortly afterwards refused to levy for 
that purpose, in toto. 

On June 9, 1864, we have this "report of a special committee on rail- 
roads:" 

Tothc Board: — The special committee to whom was referred the mat- 
ter of the railroad indebtedness of Johnson county, respectfully report that 
they took no steps relative to the Lyons Iowa Central railroad bonds, as 
they were in litigation, and, unless compelled to pay, we felt no desire to 
pay a cent. 

As to the bonds issued to aid in the construction of the first division of 
the M. & M. R. R., we find that there was due about .March I, 1S64, 
principal and interest, about $61,602.50. As the county held two certifi- 
cates from the officers of the last named company, purporting to be certif- 
icates of stock, amounting to $51,300, and a scrip certificate of $4:'>, it was 
deemed advisable by the committee, as the stock of the M. & M. R. R, 
Co. was up to 64, to sell, and with the money, compromise with the 
bondholders, or to compromise by transferring stock in payment of bonds 
and interest. It was attempted bv correspondence to accomplish this re- 
sult, but it was tedious and uncertain. In April it was deemed expedient 
for one of the committee to go east and see what could be done. Ac- 
cordingly in April the chairman went east and met with several parties 
holding bonds, but nothing could be done with them short of payment of 
dollar for dollar, in view of the action of the Supreme Court of the United 
States as to the validity of the bonds. An attempt to sell at .64, .'o'o and 
.68 was made, and with fair success, when suddenly the stocks declined to 
.50 and even lower. This was fortunate for the committee, as it ;ifter- 
wards proved that the county had control of only $1,343 of stock. On a 
careful examination of the books of the company, it appeared that the cer- 
tificate of stock of $50,000 was not issued directly to the count}-, but to one 
Fagg, as trustee. Beyond this nothing could be there ascertained. The 
chairman immediately went to the person who was the agent of the coun- 
ty in the transaction, and there learned that the bonds were held by the 
trustee in security for the payment of the bonds. This destroyed all hopes 
ot a sale. We are now negotiating a compromise by payment of so much 
in stock, and to do this requires a united or concerted action of all of the 
bondholders, which is now being eftected. We are in hopes that during 
the summer, the maiter can be closed. The stock now ranges from .40 
to .50. 

The chairman has been lately informed that a compromise can be made 
with most of the bondholders, but at what rate they will accept the stock 
we do not know. 

S. H. Fah<all, 
E. Carroll. 

January 4, 1865, we have this record : 

Resolved, That the County Attorney is hereby authorized to examine 
the records of the M. & M. R. R. Co., either in Iowa City or Davenport, 
and report to this board at its next regular meeting what legal impedi- 
ments there are, if any, which prevents Johnson county from having at 
her disposal the stock which she owns in said road, and secondly, if the 
M. & M, R. R. Co. is now, or has been declaring dividends on that sec- 
tion of the road between Iowa City and Davenport, and it so, what paid 



248 HISTORY OF JOHNSON COUNTY. 

in, and if such pay is in accordance with the charter of said road, granted 
by the State Legislature. 

Sept. 8, 1868, a committee on county indebtedness made report: 

That we purchased of Mr. E. E. Lewis two bonds issued to the Lyons 
Iowa Central Railroad Co., at $750 each, a fraction less than sixt3^-eight 
cents on the dollar; raised the money of the Iowa City National Bank, by 
giving our note to said bank for $1,.500, and paid the mone}' to Mr. Lewis, 
thus saving the county $710. We also purchased one bond from J. W. 
Birch, for $750, and borrowed the money from the First National Bank, 
giving our note for the same. Other bonds can be purchased, as per 
ofier in the hands of committee, if thought advisable b}' the board. 

Your committee having received information of the whereabouts of 
eighteen bonds that could be purchased at reasonable rates, deemed it 
advisable and to the best interest of the county to send Mr. Paul to New 
York to attend to the purchase of said bonds, and any others that might 
be found. He was not successful, the parties owning said eighteen bonds 
purposing to sue on the same. We gave our note to Iowa Citv National 
Bank for $150, to cover expenses of Mr. Paul. 

REFUSAL TO LEVY R. R. TAX. 

Sept. 10, 1868. Your committee on finance, to whom was referred the 
petition of citizens of Johnson county, asking the board to refuse to levy 
a tax to pay railroad bonds, would respectfully recommend the adoption 
of the accompanying preamble and resolution, in answer to the prayer of 
the petitioners. 

A. H. Humphrey, John R. Vanfleet, Elias Howell, 

Co7mnittee. 

Whereas, heretofore, to-vvit: At divers times, from the first day of 
May to the first day of September, 1868, peremptory writs of mandamus 
issued out of the supreme court of the United States, to the board of 
supervisors of Johnson county, Iowa, commanding said board of supervis- 
ors to pay certain judgments obtained in the circuit court of the United 
States for the district of Iowa, m favor of Marcus C. Rigg and George 
Bliss; and, 

Whereas, heretofore, to-wit: at the October term, 1864, of the dis- 
trict court of said Johnson county, a perpetual injunction was granted by 
said district court, commanding the lawful officers of said Johnson county 
to forever refrain from levying, or attempting to levy, any tax for the pur- 
pose of paying the bonds, and interest thereon, of the M. & M. railroad, 
and the Lyons Iowa Central railroad, on which the above recited judg- 
ments are based; and 

Whereas, they are advised that said injunction is still in full force 
and effect, and that no steps have been taken by said judgment creditors, 
or others, to have the same removed or vacated, and that the levy of such 
tax would be in contempt of said injunction. Therefore, be it 

Resolved, That in view of the continued and existing force and eflect of 
said injunction, we believe that we are legally disabled from making said 
levy, as commanded, and therefore decline making a levy at this present 
time. — Adopted. 

This action of the board in "declining to make a levy" was approved 



HISTORY OF JOHNSON COUNTY. 249 

by a public meeting held January 5, 18<)9, the proceedings of which are 
given hereafter. 
June 9, 1869, it is recorded: 

Your committee herewith also submit a statement of the Lyons and 
Mississippi & Missouri railroad bonds; the original amount thereof; the 
amount paid as principal, and also the amount of interest paid by the 
county: which statements are marked respectively "C" and "D." 

W.J. IIuFF, A.J. Beuter, John K. Van Fleet, E. Howell, 

Committee. 

The above statements marked "C" and "D" were not recorded, 
although eight or ten other reports or "statements" made at the same 
time were duly spread upon the miimtes. And afte;r a diligent search of 
all the original papers of that year tiled away, it could not be found. 

September 8, 1869, we find this report: 

The committee on railroads would beg leave to report, that under the 
authority vested in them by resolution of the board, passed at the June 
session, 1869; the committee, assisted by the Hon. Ezekiel Clark and 
James H. Gower, purchased six bonds of Johnson county, issued to the 
Mississippi and Missouri Railroad Company, number 31, 32, 33, 34, 35 
and 36, with five coupons each, due Sept. 1, 1863, and amounting in the 
aggregate at the date of purchase, to $10,011, (ten thousand and eleven 
dollars) for which we paid the sum of $4,800, being forty-eight cents on 
the dollar. The committee as authorized, borrowed the money to pay 
for said bonds, of the Iowa City National Bank, and have given a note 
signed by the committee, for the sum of $4,826.95, exchange and express 
charges included in the transaction. 

PUBLIC meetings TO RESIST THE RAILROAD FRAUDS. 

There was a moral certainty that wrong and injustice was being done 
the people, but just how to prevent or stop it was not so easy to find out. 
The body taxable was sick. The air was full of proposed remedies; but 
the doctors differed, and who should decide? On January 5, 1869, a pub- 
lic meeting was held at the court house in Iowa City, and the following 
report of its doings was published at the time: 

James Remley was called to the chair and N. H. Brainerd appointed 
Secretary. The call for the meeting being read. Col. John Williams, 
county attorney, was called on to state the position in which the bond 
question stands. 

He said the Lyons R. R. bonds were issued Dec. 1, 1853, and but little 
interest had been paid on them. One judgment had been obtained in 
favor of Rigg for $25,000 and another for other parties for $5,000, and a 
writ of mandamus had been issued, ordering levy of taxes to pay these 
judgments. The M. & M. bonds were also issued in 1853, to run ten 
years and were, therefore, all long past due. A judgment for $25,000 
has been obtained on these, for which a writ has been issued. Other 
judgments have been obtained, but no more writs. The entire amount of 
all these bonds, with accumulated interest, was not far from $300,000. 
The board of supervisors must determine at its coming meeting w^hether 
or not it will obey these writs of mandamus and levy the taxes as ordered, 



250 HISTORY OF JOHNSON COUNTY. 

and must make return in October to the United States Circuit Court, at 
Des Moines. He had learned that J^ee, Des Moines, Henry, Louisa and 
other counties would refuse t(> levy the taxes. 

Legrand Byin^^ton was called for and said he had given the subject no 
thought for years. He had regarded the bonds as null and void tor many 
years, because none of the stipulated consideration had been received, aside 
from the question of legal authority to issue them. He went into a his- 
tory of their issue and stated the pledges given by the railroad men. 

Capt. Gaston, E. C. Lyon and J. A. Smith were appointed a committee 
to draft resolutions. 

The committee on resolutions here reported as follows: 

Resolved, That the Mississippi & Missouri railroad bonds and the Lyons 
Iowa Central railroad bonds, were obtained fraudulently and without con- 
sideration from Johnson county, and are in justice and equity null and void, 
and that their collection of the people of Johnson county is an outrage and 
a swindle, to be resisted to every possible extent. 

Resolved, That the Board of Supervisors of Johnson county should not 
levy any tax to pa}' judgments already obtained on said bonds or coupons 
attached thereto, and even insist upon their resisting to the bitter end, by 
all legitimate means in their power, the payment of said judgments. 

Resolved, That the people of Johnson county will actively and effect- 
ually support the Board of Supervisors in maintaining their interests by 
resisting the payment of said judgments. 

A discussion arose upon the resolutions. J. B. Edmonds, Esq., made 
some remarks in reply to what he regarded as personalities from Mr. 
Byinglon, and said there was no escape from the payment of the bonds. 

Mr. Byington replied and said Mr. Edmonds was not a safe counselor 
for the county, as he was the regularly paid attorney for the railroad com- 
pany and for the bondholders. 

Mr, Byington offered the following resolution, which was unanimously 
adopted: 

Resolved, As the sense of this meeting, that the Board of Supervisors 
of Johnson county, as a municipal body, with limited powers, received 
wholly from State authority, can derive no legal warrant from any 
federal judge to levy county taxes for any purpose whatever. 

The meeting thereupon adjourned. 

Jas. Remley, Chairman. 

N. H . Brainerd, Secretary. 

Thus it will be seen that Johnson county " resolved to resist." Things 
went on in this fashion for some months, and in the fall of 1869, a call for 
a convention of the people of all the resisting counties was made, to be 
held at Muscatine, on the 15th day of December of that year. To this 
convention it was determined that Johnson county would send a very 
strong delegation. Accordingly, on the 4th day of December, a county 
convention was held at Iowa City, and the following among other pro- 
ceedings were had thereat, viz: 

Iowa City, Dec. 4th, 1869. 

The meeting was called to order and John Williams, Esq., appointed 
temporary chairman. On motion Col. S. C. Trowbridge was appointed 
president of the meeting, and Henry N. Berry, secretary. The follow- 
ing named were appointed vice-presidents: 



HISTORY OF JOHNSON COUNTY. 251 

J. H. Westenhaven, Graham township. 

Robert Hutchinson, Iowa City. 

J. F. Struble, Scott township. 

J. Switzer, Liberty township. 

Charles Gayman, Newport township. 

Amos Cherry, Pleasant Valley township. 

D. A. Shafer, Penn township. 

Chas. H. McCune, Big Grove township. 

A committee of five, consisting of Hon. Rush Clark, Capt. Gaston, N, 
H, Brainerd, Robt Walker and D. A. Shafer, was appointed to draft reso- 
lutions expressive of the sense of the meeting, and to present names for 
delegates to the Muscatine convention. During the absence of the com- 
mittee Mr. Byington addressed the meeting on the subject of railroad 
bond indebtedness. 

The committee appointed to draft resolutions, etc., made the following 
report: 

Whereas, The Supreme Court of Iowa has solemnly decided that the 
bonds issued by Johnson county to the Mississippi and Missouri Railroad 
Co., and the Lyons Railroad Co., were issued without authorit}' of lr«w, 
and are wholly void — and that no man can by possibility be an innocent 
holder of said bonds; and, whereas, the Circuit Court of the United 
States is now attempting to enforce their collection, upon a judgment ren- 
dered in open and undisguised violation of repeated precedents made by 
itself, therefore, 

Resolved, That the attempt of the bondholders to enforce the collection 
by federal authority, through our State and county officers, is the attempted 
perpetration of a most villainous fraud and swindle upon the people of this 
county, and determined resistance to its consummation should onl}'^ end 
when all remedies known to the law shall hav^ebeen honestly and earnestly 
appealed to in vain. And we do solemnly declare that it is no less the 
privilege than the imperative duty of the people of this county to leave 
no honest etlbrt unmade which gives promise of foiling the designs of our 
oppressors. 

Resolved., That in this contest, in addition to the right of a tax-payer to 
hold and own his property, free from illegal and unwarrantable taxation, 
there is involved a vital principle of public and general interest to the 
people of the whole State — namely, the principle of right in the citizens 
of the State, (well settled by judicial precedents throughout the country, 
and only lately put in question,) to have the ultimate construction of their 
State constitution by the State court recognized by the Federal court as 
binding and final. 

Resolved, That the attempt to compel the county officers of this or other 
counties to levy a tax on the individual citizens of the county to pay 
railroad subscriptions by the county, in face of want of constitutional 
authority to levy a tax for such purpose, and in defiance of the decisions of 
the State Supreme Court, is an attempt to enforce by judicial authority a 
mere act of usurpation. 

Resolved, That we approve the call for a meeting of delegates from 
counties in a like condition with Johnson, to meet at Muscatine on the 1 5th 
inst., to confer together as to the best means to be taken to avoid payment 
of such bonds, and we do hereby appoint the following named gentlemen 
to represent us in said convention: 

S.J. Kirkwood, Rush Clark, W. C. Gaston, D. A. Shafer, L. B. Pat- 
terson, Jeptha Cowgill, S. C. Trowbridge, E. Clark, E. Shepard, R. 



252 HISTORY OF JOHNSON COUNTY. 

Hutchinson, John Williams, Legrand Byington, M, W. Davis, Jas. Lee, 
C. W. McCune, C. H. Berryhill, Bryan Dennis, J. Svvitzer, J. G. Black- 
well, W. A. Morrison, J. R. VanFleet, N. H. Brainerd, A. B. Cornell, E. 
C. Lyon, Jas. H. Gower. 

The report was adopted unanimously. Mr. Byington offered the fol- 
lowing resolutions: 

Resolved^ That the railroad bond tax, which has been forced upon 
the county levy for 1869, by duress of our county authorities, is illegal and 
oppressive — and we pledge ourselves, one to the other, not to pay the 
same, and to countenance no man who will either voluntarily pay it or ad- 
vise others to do so. 

Resolved^ That the delegates this day appointed to the Muscatine con- 
vention are hereby instructed to co-operate with the people of the ten east- 
ern counties of Iowa, in any effort that may there be inaugurated to resist 
the payment of said illegal tax, to the last extremity. 

Resolutions adopted unanimousl}'. 

This sketch of Johnson county's vigorous action would not be com- 
plete without a report of the Muscatine meeting, at which Ex-Gov. Kirk- 
wood and Hon. Rush Clark took a prominent part. 

Muscatine, December 15, 1869. 

At 10:30 o'clock the convention was called to order by Attorney Gen- 
eral O'Connor, who nominated Hon. G. G. Bennett, wSenator trom Wash- 
ington county, for temporary chairman. 

John Mahin, of Muscatine, and L. B. Patterson, of Johnson county were 
nominated temporary secretaries. 

J. P. Ament, of Muscatine, moved that a committee of one from each 
county be appointed on permanent organization, to report the number of 
votes to be cast by each county. Carried. 

The following were appointed as said committee: 

Gen. H. Scotield, of VVashington county. 

Hon. E. Clark, of Johnson county. 

Hon. Charles Negus, of Jefferson county. 

Hon. John A. Parvin, of Muscatine county. 

J. H. Lusk, of Lee county. 

Robert Gower, of Cedar county. 

Hon. J. B. Grinnell, of Poweshiek county. 

Col. W. W. Garner, of Louisa county. 

On motion of Hoii. Samuel McNutt, of Muscatine, a committee of one 
from each county was appointed on resolutions. 

The members of the committee were suggested by delegates and ap- 
pointed as follows: 

Ex-Gov. S.J. Kirkwood, of Johnson. 

A. L. Courtwright, of Lee. 

Hon. S. McNutt, of Muscatine. 

A. W. Chilcote, of Washington. 

J. P. Ketchum, of Iowa. 

Hon. J. B. Grinnell, of Poweshiek. 

Charles Negus, of Johnson. 

Ira Ford, of Cedar. 

Hon. Rush Clark, of Johnson county, was then called on for a speech. 
He came forward and spoke about half an hour. 



HISTORY OF JOHNSON COUNTY. 253 

On the recommendation of a committee, the permanent officers of the 
convention were, — President, Hon. J. B. Grinnell; Vice Presidents, Rush 
Clark, A. L. Courtwright and Wm. Marshall; Secretaries, John Mahin 
and L. B. Patterson. 

At one and one-half o'clock, the committee on resolutions, throuc^h 
Ex-Governor Kirkwood, reported the following resolutions: 

Whereas, The recent decisions of the Federal courts involving cor- 
poration railroad bonds in this State seem to us subversive of the authority 
and dignity of our State courts, and dangerous to the rights and privi- 
leges of citizens of the States, if not positive and unwarranted encroachments 
upon the jurisdiction of the State courts; therefore, 

Resolved., That we respectfully and earnestly protest against the exer- 
cise of such authority by the Federal courts, and hereby pledge our S3^m- 
pathy and support to the State courts in the maintenance of their rightful 
authority. 

Resolved., That this convention earnestly call upon the General Assem- 
bly of Iowa to take notice of the latt- decision of the Federal Supreme 
Court and apply to congress and the other States to take the necessary 
steps to protect our citizens against similar encroachments on their rights. 

Resolved., That this convention regards the provision enacted by the 
12th General Assembly, commonly known as the Doud amendment, as 
the reservation of the rights of the State to control certain railroad com- 
panies in regard to their charges for freight and passengers as a most 
precious and valuable right, and ought to be preserved unimpaired and 
unrepealed. 

Resolved, That the property of railroad corporations in this State should 
be taxed as our constitution provides, the same as other property, and the 
General Assembly is earnestly requested to provide by law for such equal 
taxation. 

Resolved, That this convention recommends to the citizens of the 
several counties and cities interested in this railroad bond question to pay 
all their taxes except the railroad bond tax, to refuse to pay that until all 
legal and practical remedies are exhausted. 

Resolved, That a committee, consisting of one from each county, be 
appointed, whose duty it shall be to maintain a correspondence between 
the several counties, with a view to harmony and unity of action, and that 
we recommend to the counties here represented not to pay or comprornise 
said indebtedness, nor any part of the same, without general consultation; 
and that we further recommend that each county keep at Des Moines, 
during the coming session, one or more competent agents, to furnish infor- 
mation to members of the General Assembly and to attend to the interests 
of their respective counties on this question. 

Robert Gower moved to amend by adding a resolution that all bonds 
or securities issued by muncipal corporations be adjudicated on their 
merits — on the value received therefor. 

Mr. Negus explained that section of the law which has been construed 
to authorize mimicipalities to aid railroads. He was a member of the leg- 
islature which enacted it, and bore testimony that no such authority was 
intended. He also explained the decisions of the courts, and declared that 
under no circumstances ought we to pay more than the bonds were sold 
for. 

Ex-Governor Kirkwood said all will admit that we have a right to 
make our State constitution and laws just as we please, provided we do 



2 54 HISTORY OF JOHNSON COUNTY. 

not trench upon the constitution of the United States. What value is this 
right if our court cannot interpret the meaning of oui constitution and 
laws? He spoke at some length in explanation of the resolutions, and in 
favor of their adoption. 

At 4 o'clock the question was called on the resolutions, and they were 
unanimously adopted. 

Hon. Rush Clark was again called to the floor to address the meeting. He 
said there was no opportunity for the tax-pa^'-ers to test this question till 
the tax was levid by duress of a mandamus. Our own supreme court 
m"st decide that there was no authority to levy the tax. If we can set 
aside that levy, the federal court can go no further. Our court having 
original jurisdiction, it must hold its ground. The fight has, therefore, 
just commenced. We can get no compromise without contesting. It is 
not a hopeless case. My recommendation is that the levy of tax in each 
county be contested. 

The following gentlemen were appointed a committee on correspon- 
dence, in accordance with the last resolution : 

David Miller, of Jefferson. H. Scofield, of Washington. 

N. B. Holbrook, of Iowa. A. B. Cornell, of Johnson. 

O. H. Buchanan, of Henry. John Mahin, of Muscatine. 

Robert Gower, of Cedar. Judge Clagget, of Lee. 

Col. S. F. Cooper, of Poweshiek. G. W. Edwards, of Des Moines. 

On motion, John Mahin was appointed chairman of the committee. 

Such was the wisdom of the hour. It was the old stor}^ of Laocoon 
and his sons in the coils of the python, re-enacted on the shores of the 
Mississippi river. The resolutions were clear and just, but they had no 
bowels of compiihion to stay the ravenous greed of the bond-headed beast 
with railroad switches in his tail, and taxes by the million in his insatiable 
belly. 

In 1870 and 1871 the county made strong efforts to lift its great burden 
and vexatious load of railroad debt, and in June, 1871, the railroad bond 
fund account stood thus: 

Balance on hand January 1 $ 1,392.43 

Tax collected to June 1 22,507.52 $23,899.95 

By payment on judgments 15,417.35 

By purchase of bonds 6,918.90 

By balance 1,563.70 $23,899.95 

R. R. BOND PAYMENTS, 1874. 

The following from proceedings of county board of supervisors, January 
8, 1875, explains itself: 

Supervisor Nelson from finance committee of last year, made the fol- 
lowing report, which was approved: 

To the Board of Supe)' visors, 'Johnson county : 

Gentlemen. — Your committee of finance respectfully report that they 
have paid Lyons railroad bonds as follows: 

April 4, 1874, to P. A. Dey, president of the First National Bank of 
Iowa City, bonds Nos. 2, 4, 10, 18, 20, 25 and 27. Principal, interest and 



HISTORY OF JOHNSON COUNTY. 255 

exchange amounted to $8,493.62, and August 18, 1874, to T. J. Cox, cash- 
ier of the Iowa City National Bank, Nos. 32, 42, 44 and 50, principal, 
interest and exchange amounting to $4,339.16. There are still outstand- 
ing three Lyons bonds upon which no coupons have been paid, the hold- 
ers of which have not been found, notwithstanding all elTorts in that direc- 
tion. 

G. W. Nelson, T. Comb, J. Overholser, Committee. 

RAILROAD BOND JUDGMENTS. 

On September 10, 1872, George B. Corkhill, clerk of the United States 
District Court for Iowa, certified to the correctness of the following state- 
ment of judgments rendered against Johnson county, on her coupon bonds 
issued to aid in building railroads: 

Name ol Plaintift'. Date of Judgment- Am't of Judgment. Remarkn. 

Marcus C. Rigg May 12, 1864. $ 5,189.26. Satisfied. 

Marcus C. Rigg May 15, 1867. 20,583.26. 

John A. Dix. . .^ May 15, 1867. 1,521.54. 

Henry Vandeveer May 16, 1867. • 6,094.15. Satisfied. 

George Bliss May 12, 1866. 25,427.00. 

F. L. Burch May 27, 1868. 3,599.82. 

Theo. L. Minear Oct. 26, 1868. 33,486.21 1 ^o $26,4i'l25I°"'^^ 

C. F. Blake Oct. 26, 1 868. 7,627.70. Satisfied. 

John Weber Mav 15, 1869. 3,780.11. 

C. E. Parker Mav 15, 1869. 1,696.90. 

John Weber May 12, 1870. 2,387.30. 

Theo. Minear May 12, 1870. 2,015.10. 

Samuel C. Weed Oct. 19, 1870. 3,897.74. 

Theo. Minear May 10, 1871. 651.36. 

Theo. Minear May 10, 1871. 673.73. 

Henry Amy Oct. 20, 1869. 5,125.10. 

JOHN A. DIX'S COMPLIMENTS. 

Ex-Governor, ex-Major General, ex-"shoot-him-on-the-spot" John A. 
Dix of New York, held $12,000 of Iowa City bonds, and had often 
laughed in his sleeve at the infantile struggles of the corporations in 
swaddling clothes out on the prairies of Iowa, when he and other " mno- 
cent percussers" of their bonds tapped them for interest. Well, the infants 
having kicked and rebelled lustily till there wasn't an ounce of kick left 
in them, cried "quit." In 1874, Moses Bloom was Mayor of the city, and 
he wrote the General to see what he would do about selling his bonds to 
some Iowa City capitalist so they could be taken up in small sums and 
stop interest whenever there were funds on hand to do it with. What the 
people had been denouncing and resisting as a swindle— he sweetly terms 
"their honest obHgations;" and here is his historic reply: 

State of New York, Executive Chamber, 

Albany, 14th July, 1874. 
Gentlemen:— I have so high an appreciation of the desire on the part 
of corporations, as well as individuals, to meet their honest obligations 



(( 

(( 

1,1. 



256 HISTORY OP^ JOHNSON COUNTY. 

with fidelity that I cannot refuse your request, and I will take pleasure in 
surrendering the bonds I hold against j-our cit}^ as soon as I can find some 
object of investment for the proceeds. I think this need not delay the 
arrangement more than two or three weeks. 

I have $12,000, of your bonds, numbered as follows: 6, 7, 9, 10, 11, 12, 
13, 22, 23, 24, 25, 63, 68, 69, 70, 71, 82, 93, 94, 95, 96, 97, 98,— i|)500 each. 
Truly yours, John A. Dix. 

IOWA CITY IN the U. S. SUPREME COURT. 

In January, 1875, a decision was rendered in the United States Supreme 
Court, in which Iowa City was a party litigant; and we preserve here so 
much of the document as pertains distinctly to the Iowa City case, omit- 
ting a lengthy discussion of certain Kentucky and Wisconsin cases cited 
by counsel for the plaintiff. 

Supreme Court of the United States in error to Circuit Court of the United 

States for the district of Iowa : 

Luther C. Clark vs. Iowa Citv. 

James Grant, attorney for plaintiff. 

Robinson & Patterson, attorneys for defendant. 

Mr. Justice Field delivered the opinion of the court: 

In 1856, Iowa City issued certain bonds in sums of five hundred dollars 
each, payable to the bearer in the city of New York, on the first day of 
January, 1876, with annual interest at the rate of ten per cent a year, pay- 
able on the first day of January of each year. For the different install- 
ments of interest, coupons were annexed. 

The bonds were taken up and canceled before the commencement of 
this action, but previous to such cancellation the coupons for interest due 
on the first of January, 186(i, upon which the action was brought, were 
detached and negotiated to other parties, until by purchase they came to 
the possession of the plaintiff'. In bar of the action the defendant pleaded 
the statute of limitations of Iowa. 

That statute prescribes the limitation of ten years to actions on all writ- 
ten contracts, whether under seal or otherwise. The simple question, 
therefore, presented for our determination is, whether the statute is a bar 
to an action upon the coupons detached from the bonds, and transferred 
to parties other than the holders of the bonds, when it would not be a bar 
to an action on the bonds themselves had they not been canceled. 

Most of the bonds of municipal bodies, and private corporations in this 
country are issued in order to raise funds for works of large extent and 
cost, and their payment is, therefore, made at distant periods, not unfre- 
quently beyond a quarter of a century ; coupons tor the different install- 
ments of interest are usually attached to these bonds, in the expectation 
that they will be paid as the}' mature, however distant the period fixed 
for the payment of the principal. 

These coupons when severed from the bonds are negotiable, and pass 
by delivery. They then cease to be incidents of the bonds, and become 
in fact, independant claims; they do not lose their validity, if for any cause 
the bonds are canceled or paid before maturity; nor their negotiable 
character; nor their ability to support separate actions; and the amount 
for which they are issued draws interest from its maturity. They then 
possess the essential attributes of commercial paper, as has been held by 
this court in repeated instances. Every consideration, therefore, which 



HISTORY OF JOHNSON COUNTY. 257 

gives efficacy to the statute of limitations when applied to actions on the 
bonds after their maturity, equally requires that similar limitations should 
be applied to actions upon the coupons after their maturity. 

Coupons, when severed from the bonds to which they were orr^inally 
attached, are in legal effect, equivalent to separate bonds for the different 
installments of interest. The like action may be brought upon each of 
them, when they respectivel}^ become due, as upon tiie bond itsell when 
the' principal matures; and to each action — to that upon the bond and to 
each of those upon the coupons — the same limitation must upon principle 
apply. All statutes of limitation begin to run when the right of action is 
complete, and it would be exceptional and illogical to hold that the statute 
sleeps with respect to claims upon detached coupons, whilst a complete 
right of action upon such claim exists in the holder. We answer, there- 
fore the question certified to us, that the statute of Iowa, which extends 
the same limitation to actions on all written contracts, sealed or unsealed, 
began to run against the coupons in suit from their respective maturities; 
and accordingly affirm the judgment. 

R. R. VALUATION, 1861. 

On June 6, 1861, the county board of equalization made this record: 
The assessment upon the M. & M. R. R., having been made in the 
several townships through which it runs at unequal amounts, verying 
from $7,000.00 to $30,000.00 per mile, your committee recommend that 
the valuation of $10,000 per mile be fixed as the uniform rate, making 
the total assessment upon the road for twenty-seven miles, the estimated 

length of the road in the county $270,000 00 

Freight depot at Iowa City estimated 3,000 00 

Engine house and tank 2,000 00 

Passenger depot and ticket office 5 00 

Three locomotives 20,000 00 

Two passenger cars 1,000 00 

Twenty-five freight cars 5,000 00 

Total assessment $301,005 00 

The valuation of " Five Dollars " on depot and ticket office seems to 
have been a "figure of contempt " for the failure of the railroad company 
to comply with their agreement in regard to passenger depot. 

RAILROAD ASSESSMENT — MARCH 30, 1882. 

Name Of Road. ^lil^^- ^7^1. Jotah^ 

BurlingLon, Cedar Rapids and Northern lb. 05 it>»,550 b9,0u 

Burlington, Cedar Rapids and Northern, Iowa „^,oa 

City Div 1^-59 2,000 39,180 

Burlington, Cedar Rapids and Northern, Musca- 

tineDiv ... '^•^^ 2'^^^ 1^'^^^ 

Chicago, Rock Island and Pacific 27 . 10 12,700 341,932 

490,839 

BYINGTON's RAILROAD HISTORY. 

Legrand Byington, Esq., was a prominent actor in the early railroad 
schemes of Johnson county. Several years ago (1874) he published a 



258 HISTORY OF JOHNSON COUNTY. 

seriesof trenchant newspaper articles under the title of the '''•Secret Histoi-y 
of Railroads, in yohnson CoiintyP There is no doubt that Mr. Byinjrton 
had some personal objects to serve in making his publication, but that 
does not alter the historical facts and matters of record which he made 
public. His writingjs and papers were frankly and generously placed at 
our service, to use or not, just as we might deem best, after searching the 
public records and other sources of information. His sketches present 
many facts of historic interest not elsewhere found, and we select from 
them such as serve well to show the workings of public sentiment and 
public endeavor in regard to securing railroad connections, in the days 
before any of these nest-eggs of railroad fraud had hatched out, and shows 
what gigantic sort of beastly birds they were, to tramp over and devour 
the county. Mr. Byington says: 

The earliest railroad projected in Iowa, was to have run from Du- 
buque through Iowa City to Keokuk. Anterior to the first State consti- 
tution, congress was memorialized by the territorial legislature, |for a grant 
of public lands in aid of its construction. When I came to the State in 
1849, it divided public attention with the scheme of slackwater navigation 
of the Des Moines river (which controlled the politics of Iowa for years) 
and was so pretentious that in a State railroad convention called in its 
interest at Iowa City, in 185U, the utmost etlbrts of Judge James Grant and 
myself were unavailing to have a resolution in favor of a road from Dav- 
enport to Council Bluffs, attached as an amendment to a petition on behalf 
of the Dubuque and Keokuk project. 

It w^as always vehemently opposed by all the influences which the aspir- 
ing young cities of Burlington and Muscatine could marshal against it, 
which led to a protracted newspaper and convention controversy over it, 
between the latter and the interior towns along its projected line. 

The most notable incident of this sectional contest, was the defeat of 
Judge Lincoln Clark, for congress, by John P. Cook, of Davenport. The 
district contained a large majority of the political friends of Clark, but he 
was regarded as so much under the influence of Burlington, though resi- 
dent at Dubuque, that political considerations were almost entirely ignored 
by the people of the counties interested in the Dubuque & Keokuk road, 
who held a protesting convention at Cedar Rapids, and voted very gen- 
erally for Cook, on that consideration alone. 

Burlington, however, always found effectual means of defeating the land 
grant, and eventually, the road itself, in. whatsoever shape it afterwards 
presented itself. 

As early as 1850, the Davenport and Council BluflTs road found earnest 
advocates. Defeated in first state convention, the people of Johnson 
county, under the inspiration of the late James P. Carleton and myself, 
took praciical steps, in the summer of 1850, in its behalf, by organizing a 
company under the style of the Davenport & Iowa City R. R. Co., of 



HISTORY OF JOHNSON COUNTY. 259 

which J. p. Carleton was made president; H. W. Lathrop, secretary; 
Legrand Byincrton, treasurer, and Henry Murray, M. J. Morsman, Syl- 
vanus Johnson, Samuel Workman, and some others, were directors. 

In August, 1850, a public meeting upon the subject raised a committee 
of correspondence, who immediately dispatched to Davenport the follow- 
ing letter to Judge Grant, Mr. LeClaire, Ebenezer Cook, and other prom- 
inent citizens of that place, viz: 

Iowa City, Aiitr. 25, 1850. 
Gentlemen:— A public meeting of the citizens of Johubon county, wiiich recently 
assembled at this place, devolved upon the undersigned the duty of endeavoring to secure 
the co-operation of the people of your county, in some measure which will be likely to 
secure the location and early commencement of a railroad from Davenport to Iowa Citv. 
The entire proceedings of the above named meeting are enclosed to you, to elicit from you 
and others upon the line of said road, either co-operation in our plans, or a sugsestion of 
such other measures as you may deem preferable, to accomplish the end in vfew . It is 
confidently expected of your interest and zeal in this matter, that you will immediatelv 
lake such order in the premises as will present us at an early day with an expression of 
wishes and determination of your community. 

Very respectfully yours, 

Legrand Byington, Jas. McIntosh, 

Anson Hart, W. H. Henderson, 

Jas. Harlan, G. D. Palmer, 

Samuel Workman, Tiios. Hughes, 

Corresponding Committee. 

September 5, a response came back from Davenport in the form of the 
following resolutions, adopted in a public meeting at that place, viz: 

Resolved, That we concur with the people of Iowa City in the propriety 
of the immediate survey of the proposed road from Davenport to Iowa 
City, and that a committee of such number as the chairman of this meet- 
ing thinks advisable, be appointed to solicit subscriptions for that purpose, 
and correspond with the committee at Iowa City. 

Resolved, That we cordially approve the public spirit and enterprise of 
the citizens of Johnson county in their laudable efforts to immediately sur- 
vey and locate the route of a railroad from Davenport to Iowa City, and 
that we will do all that in our power lies to aid them in this great work. 

Judge Grant also wrote me an enthusiastic letter upon the subject, com- 
mencing as follows: 

Davenport, August 19, 1S50. 

Legrand Byington, Esq.: — I don't krtow that any public demonstration 
m a long time has given me so much satisfaction, as your Iowa City meeting 
to build a railroad from that place to this. The best way in the world to 
accomplish any great thing is to go at it in earnest. 

In deference to rival projects already started by Lyons on the one side 
and Muscatine upon the other, an immediate survey and location of the 
Davenport and Iowa City line was deemed essential. Accordingly, the 
record shows: 

At a special meeting of the board of directors of the Davenport & Iowa 
City Railroad Company, called by the president, and held at Iowa City 
on the 21st of October, 1850, a quorum being present, it was, on motion, 

Resolved, That Legrand Byington be and he is hereby authorized and 
required to proceed to Davenport and Rock Island for the purpose of 
procuring stock, etc., m the Davenport & Iowa City Railroad Company, 



260 HISTORY OF JOHNSON COUNTY. 

and the services of an engineer to commence an immediate survey of said 
road. James P. Carleton, President. 

H. W. Lathrop, Secretary. 

This journey to Davenport was made by myself and Dr.W. H. White, 
in a bug£^y, direct, by the w;iy of Moscow, occupying two and a half days 
(no house being then visible between Cedar river and Blue Grass, near 
Davenport), and resulted in the following contract, viz.: 

In consideration of the undertakings of the Davenport & Iowa City R. 
R. Company, hereinafter mentioned, I, Richard P. Morgan, of Kendall 
county, Illinois, agree with said company to make a survey and estimates 
of a railway route, upon the most practicable ground, from the town of 
Davenport, in Scott county, to Iowa City, in Johnson county, in Iowa. 
Said surve}' and estimates to be completed and a report thereof, accom- 
panied by the held notes and suitable maps or diagrams, to be made to 
said company on or before the tenth day of December next. In consider- 
ation whereof said company agree to pay to said Morgan, for said survey 
and estimates, after the same shall have been completed, the sum of four 
hundred dollars. Said survey is to be made by said Morgan with such 
care, judgment and accuracy that a locationof the bed of said road may be 
made thereon, and the right of way, with reasonable certainty, obtained 
upon the basis of such survey and location. In witness whereof, said com- 
pany, by Legrand Byington, their authorized agent, and said Morgan, 
have hereunto set their hands this 2(3th day of October, 1850. 

The Davenport «& Iowa City R. R. Co. 

by Legrand Byington, Agent. 
Richard P. Morgan. 

Capital stock being minus, volunteer subscriptions were started to meet 
the expenses of this survey, and from one of them, now before me, I find 
the following " old settlers " down at an average of five dollars each, 
to-wit: 

Theodore Sanxay, Jesse Bowen, H. D. Downey, Eastin Morris, John 
Crummey, John Powell, Henry Murray, Isaac Bowen, Franklin Kimball, 
Jacob Ricord, G. Crosth wait, John M. Colman, Enoch Lewis, M. J. Mors- 
man, Legrand Byington, C. H. BerrN'hill, E. C. Lyon, Anson Hart, 
Samuel H. McCrory, John M. Kidder, "^Thos. H. Benton, Jr., Wm. All- 
man, A. H. Thompson, Peter Roberts, Morgan Reno. 

At this distance, the foregoing would seem to be the day of small things, 
but in the actual surroundings, and in the midst of the fierce war over the 
question of routes^ which raged for several years, it was the leverage 
which finally fixed the line of the existing Chicago, Rock Island & Pacific 
road, through Iowa City; for the tier of counties south of us were very 
active, on behalf of their rival line, and possessed decided advantages in 
much greater population and wealth, &c. 

This survey was completed and Col. Morgan made his report to me in 
November, 1850. It was printed as an eight page pamphlet, with an 
engraved map, showing the route and its future connections, and exten- 



HISTORY OF JOHNSON COUNTY. 261 

sively circulated throughout the country, as far as New York and Boston. 
After detailing the local characteristics of the route, Col. Morgan says: 

If this railroad is considered simply as a medium to hasten the settle- 
ment of the country, it is quite plain that it will exercise an immense inllu- 
ence, but it will also contribute to the wealth and progress of the State, 
with still more particular effect, by forming the first division west of the 
Mississippi, of the great National Avenue, which is, eventually, to stretch 
across this immense continent. This first effectual impulse which is given 
to the rapid development of the resources of Iowa, will soon be followed 
by a second, which will not stop short of the Missouri. * ''^ * 

There is another reason which militates greatly in favor of this route. It 
is exactly adapted for the extension westward of the Rock Island and Chi- 
cago railroad, to be connected at first by a ferry, but within a few years, 
by a high bridge across the Mississippi, opening an uninterrupted com- 
munication at all seasons ot the year, with the great system of railroads in 
Illinois and other States, and in consequence, establishing the Davenport 
and Iowa City railroad as part of the great national trunk railroad from 
the Atlantic by way of Council Bluffs, the Platte Valley and the South 
Pass to the Pacific. 

[It is interesting to note the prophetic forecast in this report, made 
thirty-two years ago, and then think how wonderfully it is now fulfilled.] 
Historian. 

May 25, 1853, it was announced, that preliminary steps would be taken 
at Chicago, to organize a company to construct an east and west road 
through the State of Iowa, as an extension of the Rock Island line. 

In the midst of the fierce warfare upon routes, then raging, through 
newspaper and convention media, between rival towns, it was determined 
that Iowa City must be represented at this meeting, and be prepared to 
throw therein the best card for her line of road. Accordingly, the Dav- 
enport & Iowa City company, the city council, and .prominent citizens of 
the county, all took harmonious action-, which resulted in the selection of 
Wm. Penn Clarke and myself, as delegates, clothed with plenary powers 
in the premises, — the great object being to secure Iowa City as a fixed 
point in the road that now loomed in the immediate future. 

The following are the credentials under which we acted: 

At a special meeting of the board of directors of the Davenport & Iowa 
City Railroad Company, held at their office of business in Iowa City, on 
the 20th day of May, A. D. 1853, a quorum (Messrs. Carleton, Byington, 
Murray, Morsman, Workman, Johnson and Lathrop), being present and 
the president in the chair. 

On motion, it was resolved, that in the final organization of the Missis- 
sippi & Missouri R. R. Co., or in any necessary proceedings preliminary 
or subsequent thereto, at the proposed meeting of the incorporators at 
Chicago on the 25th day of May, 1853, or at any other suitable time and 
place, Legrand Bvington as the authorized agent of this company may 
negotiate with said'Mississippi& Missouri railroad company or any author- 
ized agent or committee thereof for the sale or transfer or surrender 
to said last named company of all the rights, franchises, property, stock 
and muniments belonging or appertaining to said Davenport & Iowa City 
railroad company, on condition that said Mississippi & Missouri railroad 

17 



262 . HISTORY OF JOHNSON COUNTY. 

company shall make Iowa City a point in the construction and operation 
of their "railroad. James P. Carleton, Pres't. 

[L. S.] H. W. Lathtop, Sec'y- 

At a special meeting of the city council of Iowa City, called by the 
mayor, and held at their council chamber on the 20th day of May, A. D. 
1853, the mayor being absent, on motion of Alderman Snyder, H. W. 
Lathrop was chosen president ^rc tern and Aid. Van Fleet recorder ^r^? 
tem^ whereupon the following resolutions were unanimously passed: 

Resolved^ By the city council of Iowa City, that in the final organiza- 
tion of the Mississippi & Missouri railroad company or in any necessary 
proceedings preliminary or subsequent thereto at the proposed meeting of 
the corporators at Chicago, on the 25th day of May, A. D. 1S53, or at 
any other suitable time and place, Legrand Byington and Wm. Penn 
Clarke delegates to said meeting on behalf of the people of said Iowa City, 
are authorized in their discretion to subscribe to the capital stock of said 

company m the name of said Iowa City thousand dollars, 

upon condition that said city is made a point in said road by irrevocable 
order of the managing board of said railroad company, and upon further 
condition that said stock ahall be payable in the bonds of said city, bear- 
ing interest at the rate of per cent, per annum and subject to the 

approval of a majority vote of the electors of said city at an election which 
may be hereafter held for that purpose. 

Resolved fiirthcr^ That in the event of any subscription of stock being 
made undur the terms of the foregoing resolution upon which any votes 
may be predicated to said Chicago meeting, the said Byington and Clarke 
are hereby authorized to cast the said stock votes for and in the name of 
said Iowa City. H. W. Lathrop, Vms. pro iem. 

John R. Van Fleet, Rec. pro tern. 

[L. S.] Witness our hands and the seal of said city hereto attached 
this 20th day of May, A. D. 1853. 

To Chicago we went and there for three eventful and anxious days 
fought again the battle of the routes with the chosen men of Muscatine, 
Cedar Rapids and Burlington. The Mississippi & Missouri railroad 
company was organized, with some six hundred thousand dollars of capi- 
tal subscribed, mostly by Henry Farnum, T. C. Durant, Mr. Sheffield, 
Mr. Wolcott, Wm. B. Ogden, N. B. Judd, and some others, as principal 
stockholders and officers. 

These men professed to have money sufficient to build, indefinitely; and 
without then fixing any intermediate points, they gave us moral assurance 
that Iowa City should be upon the main line, but that Muscatine and 
Cedar Rapids must have branches, to keep them quiet and head off rival 
projects. They also astonished us their wuth pretentions,that they could build 
three lines through Iowa easier than one. 

Probably fearing that we could not very clearly demonstrate this latter 
proposition, they also determined that they would accompany us on our 
return to the state and make the thing clear to our people. 

Arrived at Iowa City, in a public meeting assembled, these railroad 
magnates unfolded their plans and honey-fugled as follows: 



HISTORY OF JOHNSON COUNTY. 263 

1. They assumed to build the first division of the main line to Iowa 
City in two years. 

2. To extend a branch from Iowa City to the Minnesota line, through 
Cedar Rapids. 

3. To construct and operate another branch from Iowa City through 
Washington to the Missouri at St. Joseph. 

4. To pay all interest on county and city bonds issued until the road 
paid dividends at the rate of 10 per cent. 

In consideration whereof they required local stock subscriptions in 
money and bonds to the extent of $2,500 per mile, estimated at one hun- 
dred and fory thousand dollars, and second, a gift of the right of way from 
the east line of the count}?^ to Iowa City. 

About thirty thousand dollars of individual subscriptions were then 
made by our citizens, and the propositions for county and city bonds were 
voted on and carried. 

The Lyons compan}^, by a fraudulent rjtsc practiced upon Judge Lee, 
of which he was amply forewarned by IMessrs. Byington, Murray and 
others, got possession of their bonds, without doing any work of conse- 
quence; and the M, & M. company laid their last rail to Iowa City, b}'- 
the light of burning tar barrels at midnight, on the last day of December, 
1855. 

In anticipation of the event, a grand celebration had been inaugurated, 
and an illuminated card of invitation, sent broadcast over the land, of which 
a preserved copy, now before me, reads as follows, viz: 

GRAND RAILROAD FESTIVAL. 

Iowa City and the Atlantic cities connected by railway! The National 
Trunk road half completed to the Pacific! 

Iowa City, Dec. 18, 1855. 
You are respectfully requested to attend a celebration at Iowa City, of 
the opening of the Mississippi & Missouri railroad to the capital of Iowa, 
on Thursday, Jan. 3, 1856. We hand you, herewith, a card, which will 
serve you as a pass over the Chicago & Rock Island railroad, over the 
Mississippi & Missouri railroad to and from Iowa City, and to the hospital- 
ities ot our citizens. 

Legrand Byington, Geo. W. McCleary, 

H. D. Downey, Samuel Workman. 

h! W. Lathrop, R. H. Sylvester, 

Co)iimittec of Invitation. 

This festival occurred with many hundreds of guests from abroad, and 
thousands of delighted citizens, at the old capitol building, on the coldest 
day I ever experienced anywhere; and was closed with a feast and ball, 
under the auspices of Iowa City ladies of the. olden time. 

So liberal had been the contributions to the reception festival that upon 
its brilliant close, the committee of management found themselves in pos- 
session of quite a surplus of cash, after all bills had been paid. 



264 HISTORY OF JOHNSON COUNTY. 

At their final meeting the}^ enthusiastically resolved to appropriate this 
with the hearty assent of all the contributors, to an immediate re-inaugur- 
ation of a north and south road, to-vvit: The old Dubuque and Keokuk, 
under another name. Accordingly we summoned the counties upon the 
line thereof, to a convention at Iowa City, and effected the organization of 
the Iowa Union R. R. Co., the details and meagre results of which will 
require a separate chapter of this history. 

A short space of time elapsed, however, before the aspect of affairs 
began to appear less encouraging. Dr. Murray, Col. Trowbridge, Sam. 
Workman and myself had obtained from the count}- judge, T. H. L,ee, a 
solemn pledge that no bonds, should be issued to the Lyons Central com- 
pany uniil the road was operated to Iowa City accordmg to stipulation, 
but he early succumbed to the influence of its champions, and the Adamses 
secretly and fraudulently fobbed $50,000, after doing a little surface work 
on the high knolls above town, and then "petered out," as most of us 
apprehended at the start. * 

[Remnants of this old skin-deep grade can still be seen (1882) on the 
Reno property, on Brown street between Linn and Gilbert streets; also 
in spots along on Brown street and cr.t northeastward in DeWey's addi- 
tion. Remnants of the digging done for the first abutment of the pro- 
jected bridge are also still visible. This bridge, according to the grade 
established and the point fixed for crossing the river, would have had to 
be seventeen hundred feet Ions;, from blnft to bluft', and one hundred and 
'fifty feet above the surface of the water — which was a project of railroad 
bridge building so utterly preposterous and impracticable at that time, 
and especially by that company, that this fact alone showed the fraudu- 
lent character and the egregious folly and impudence of the whole 
scheme.. Yet many good citizens were deceived by its flaming and high- 
sounding pretentions, for the county voted $50,000 to it, by 407 majority. 
This was the tune the}'- danced to, and this they paid the fiddler?^ — His- 
torian. 

The M. & M. company refused to allow the county or city any voice in its 
management, failed to inaugurate their promised branches, which w^ere 
to contribute so largely to our prosperity — misapplied to private use the 
large earnings of the road, chat^had been pre-pledged to the payment of 
the bond interest — borrowed money on our credit, to make a sham divi- 
dend to favored stockholders (tliemselves) so as technically to escape their 
assumed liability for interest, and cast the burden upon county and city — 
exacted higher passenger and freight rates, to and from river points, than 
stage coach and lumber wagon charges —and in every conceivable manner, 
evinced their settled purpose to bleed this community to the utmost extent 
possible, and especially to pocket the $180,000 of our stock, without con- 
ceding us any just equivalent therefor, either in accommodations or coin. 

Their contract bound them to finish their road into Iowa City by Jan- 



HISTORY OF JOHNSON COUNTY. 265 

uary 1, 1856. Also, to apply its net earnings inviolately, to dividends on 
the^r5/ division thereof, (extending from Davenport to Iowa Citv) to meet 
interest so as to increase the value of the stock of i/iat division. Instead 
thereof, they made their terminus outside of the town, for more than three 
years, and have perversely kept their depots there to this day — and have 
always used the revenues which were pledged to the interest fund, to pro- 
mote private coal-mining and hotel speculations, and to build plug roads 
in the State of Illinois. 

In a word, instead of managing to make our stock marketable at par 
and productive and self-sustaining, the purpose early became manifest and 
successful, to reduce it as near to a nonentity as possible, so that the Rock 
Island & Pacilic Company (themselves in disguise) could gobble it up for 
less than a mere song. 

And when the apple was ripe they plucked it, in this way: 

Although the Rock Island road was doing the most profitable business 
of any road in the United States, with two exceptions, and its stock was 
at the head of the Wall street market — (away up to 30 premium) and 
although our "division " was earning as much, in proportion to cost, as the 
Rock Island, — and although the managers of the latter were principally 
owners of the former — they voluntarily defaulted in the payment oj their 
7nortgage bond interest, foreclosed against themselves, and bought in their 
own property, (and ours) for a few cents on the dollar. 

As debtors and sellers, they were the M. & M. Company — as creditors 
and purchasers, they were the C, R. I. & P. Company. As both, they 
were Tracy, Durant, Farnum & Co., experts in Credit Mobilier swindling, 
obtaining large sums of other people's money for nothing. 

Whilst this interesting process was going on the city treasurer's books 
show that the hard-working people of Johnson county were paying more 
than seven thousand dollars a year, in the shape of interest to these sharks, 
to supply the place of the road earnings which belonged to us, but were 
purposely withheld, so as to destroy the marketable value of our stock, to 
suit their ulterior designs. 

Finally, the county government became restive, and cast about for effect- 
ual means of escape. Suits had been brought for delinquent interest, on 
the municipal bonds, and pettifogging defences upon such utterly insig- 
nificant technicahties as the non-appearance of the county seal upon cou- 
pons, had stuck us for considerable sums, but had left the merits of our 
cause untouched. Still, as was doubtless intended by the pettifoggers, 
or some of them, the ever odious doctrine of estoppel began to be mouthed 
in respect to the principal and remaining interest of these bonds. 

Two or three specimen facts may be appropriately stated here, to illus- 
trate the way in which Johnson county was. always treated as a principal 
stockholder in this corporation. The bonds were issued about September, 
185B, in full payment of an equal amount of company stock, upon assur- 



266 HISTORY OF JOHNSON COUNTY. 

ances that the company would pay the interest thereon, until dividends 
from road earnings equaled, interest. Nearly eleven years afterwards, and 
after the people had paid more than sixty thousand dollars of interest on 
the bonds, without receiving a cent of cash dividends, a special committee 
of the Board of Supervisors (S. H. Fairall and E. Carroll), were instructed 
to proceed to New York and sell the stock; and were compelled to report 
at the June session of 1S64, that their mission was a total failure, because 
said stock had never been subject to the control of the county^ and zuas then 
wholly nnavailable, for the reason that the certificates had been placed by 
the company " in the hands of one Flagg," who told the committee that he 
held them as /;//5/'g£' for the bondholders! ! ! Johnson county had never 
appointed any such trustee, and knew nothing of the transaction! This 
" man Flagg," I take to be no other than Azariah C. Flagg, whom I well 
knew as treasurer of the M. & M. Company, and the shadow of Presi- 
dent Dix, and who had been a member of the aid "Albany regency " 
in the days of Marcy and Silas Wright — (see supervisor's record, book 1, 
page 396.) 

Four years afterwards, the mysterious embargo upon this stock seems 
to have been removed, for Edmonds & Ransom, railroad lawyers, gobbled 
it, at less than six cents to the dollar. 

The efforts of Johnson county to defend herself, in the multiplied suits 
brought on the railroad bonds, were entirely unsuccessful. Taxes and 
costs accumulated to such a fearful extent, that bankruptcy of the com- 
munity seemed inevitable. At the same time, the roads became more 
unconscionable in their tariffs and discriminations, whilst enjoying invidi- 
ous exemptions from equal taxation with the citizens upon their property. 

The Iowa courts — inimical at first — had at last reached a final decision, 
that these bonds were not within the commercial law, and that the levy of 
taxes to pay them, unauthorized by legislation, would be perpetually 
enjoined. Nevertheless, it was observed that the bondholders were stiff- 
ening in their demands, and that they could find purchasers for their bonds, 
even under the shadow of our own court house. Finally, the supervisors 
determined that they would not further lev}', and the community, almost 
to a man declared that they would no longer pay. 

The process oimandauius from the U. S. Circuit Court to compel the 
county boards to levy exorbitant taxes, was then invoked upon the one 
side; while measures were taken to enlist the legislature and judiciary of 
the State, upon the other. 

In the course of a decision, lately promulgated by our Supreme Court, [in 
1868] Mr. Chief Justice Dillon makes the following declarations in refer- 
ence to these bonds: 

"I believe the bonds are void — that there was no semblance oi fozver to 
issue them — that there can be no such thing as an innocent holder of such 
paper — that it is the settled adjudication of this Court, having before it the 
question, as a Court of last resort for the State." 



HISTORY OF JOHNSON COUNTY. OfiT 

Railroad bond matters worked along in this mysterious way, until the 
month of May, ISOy, when the conspirators havinj^ ever3-thincr in readi- 
ness, pounced down upon the non-levying supervisors and city councilman 
with a warrant for contempt, and took them bodily before the U. S. Cir- 
cuit Court at Des Moines. 

[Here Mr. Byington adds many personal and partisan matters, which 
we omit. But the upshot of it all was, that the board of supervisors went 
home and levied the railroad tax, (Byington says "a quarter of a million"), 
as required by the Federal Court.] — Historian. 

The cry then became universal that the payment of the taxes thus lev- 
ied, could not and should not be enforced. 

Mr. Cloud of Muscatine (who had been Attorney General), issued a 
programme of resistence, for the people of that county, who were in the 
same boat with us. Men of all occupations, and every persuasion, declared 
they would not voluntarily pay; and such was the pressure, that county 
treasurer Hershire announced that he would take no measures to enforce 
payment, or charge up delinquent interest. This feeling became conta- 
gious, and spread to nearly eveiy county in eastern and central Iowa. 
Among others ex-Governor Kirkwood put himself upon record, in sev- 
eral masterly essays, in which he upheld the non-tax-payers' purposes with 
the most irrefragable arguments. 

[See article headed wrestling with the railroads.] 

From this time until after the ensuing session of the legislature, the bond 
battle raged all along the line with unabated fury. 

In a foot note in his history, dated June 18, 1874, Mr. Byington says: 

Note. — Mr. county treasurer Swisher certifies to me that from the 
manner in which the books of his office were kept, he cannot, without 
irnmense labor, ascertain the amount of levies for railroad bonds previous 
to 1869, but that for '69, '70, '71, '72 and '73 the county levies for that pur- 
pose aggregate $228,093.64, and the city levies, same years, amount to 
$82,814r.67. Total for five yt^LVs, three hundred and ten thousand nine hun- 
dred and eight dollars ! 

Note by the Historian. — This historian found the same difficulties 
which Mr. Swisher alludes to, in trying to get hold of connected, system- 
atic and complete data in regard to the railroad impositions practiced upon 
the county. They are not to be found; but the people had to fay the 
money, all the same. Johnson county, in common with many others, has 
suffered the gravest and deepest wrongs through the greed and chicanery 
of railroad speculators, who took advantage of the trusting eagerness of 
the people to do anything that was proposed which promised to secure 
them a railroad. Johnson county, or more especially Iowa City, seems 
alwa3's to have had more " leading men " to the square acre than was 
healthy for her; hence they jostled and crowded and elbowed each other 
to death, while some were blind leaders of the blind, and leader and led 



268 HISTORY OF JOHNSON COUNTY. 

all fell into the railroad ditch together. Some had political or financial 
axes to grind for themselves; some were ignorant or stupid in such mat- 
ters, and easily used as tools by others ; some were enthusiasts, over-zeal- 
ous, over-confident, and missed their aim; some were jaundiced, sour, 
suspicious, off-ox sort of men, always croaking and hindering; some were 
narrow, short-sighted, pig-headed, but honest; some were cunnmg and 
far-reaching plotters for personal gain; some were public-spirited, dis- 
creet, and true to the public trust reposed in them. But each is accused 
of being to blame for some swindle upon the county, or the loss of some 
railroad which Iowa City paid for but never got. We will " never, never 
tell," the dozen or more names which have been given us confidentially 
as the particular scape-goat of the county or city's woe in particular cases. 
We assume that each man did what he thought at the time would be 
best. But of course when a man in public position makes a big mistake, 
though perfectl}^ honest in his intention, the whole community suffers by 
it. An honest mistake can be forgiven, for the best and wisest are liable 
to err in judgment; but for complotters,connivers or perpetrators of fraud, 
LET NO GUILTY MAN ESCAPE, in Johubon county . 



CHAPTER III.— PART ;J. 



FINANCIAL HISTORY. 

First Tax List, 1838— First Taxes Collected, 1839— First County Orders— Financial 
Reports— A Loan Voted — A Lost Record — Financial Troubles in 1861, Etc. — Statistics 
of 1881— Finances in 1881-'82. 

FIRST TAX LIST OF JOHNSON COUNTY. 

The capital of Wisconsin Territory was in 1837 the same' as now — the 
city of Madison. But the act to organize Johnson county was passed at a 
special session of the Wisconsin Territorial legislature, held at Burlington, 
[then in Wisconsin Territory] commencing June 11, 1838. 

Johnson county had been formed or designated as to name and bounda- 
ries, by an act of the Wisconsin Territorial legislature, approved Decem- 
ber 21, 1837; but it was not "organized," or given a system of county 
government of its own, until the act passed at the Burlington special ses- 
sion above mentioned had taken effect. Meanwhile, it was nominally 
under the authority of Cedar county, or "attached to Cedar county for 
civil purposes." Accordingly, the sheriff of Cedar county, James W. 
Tallman, brought the tax list for 1838 to S. C. Trowbridge, deputy sher- 
iff of Johnson county, for collection, the business of assessing and collect- 
ing taxes being at that time part of the public duties devolving on sheriffs. 
While looking up the men named in this list, Trowbridge had the special 
object secretly in view, of showing to the legislature that Johnson county 



HISTORY OF JOHNSON COUNTY. 269 

had enough population to entitle it to be orcranized as a civil jurisdiction 
by itself; hence the hunt for noses to count vms made very thorough, for 
home use, but no names were reported to the Cedar county authorities 
except those who had some taxable personal property. There could not 
be any real estate tax, for no man had yet obtained title to his land claim. 
But the people of Johnson knew that they were soon to be in shape to 
"run their own machine," and they were not willing to pay in as taxes a 
lot of money to be carried ofl'to the coffers of Cedar county. Hence that 
tax was never collected. However, the list as made out, has a rare his- 
toric value, for it shows who were property owners in Johnson county at 
that time, being the first tax list that was ever made here; it shows what 
personal property and live stock there was in the county then, and what val- 
uation was put upon them. We are indebted to Col. Trowbridge for the 
use of the original paper in the handwriting of Robert G. Roberts, clerk 
of Cedar county, which he had preserved among his own private relics of 
the pioneer days; and here we print it for preservation as a choice bit of 
Johnson county history. It has never been published before: 



270 



HISTORY OF JOHNSON COUNTY. 



TAX LIST OF JOHNSON COUNTY, PREPARED IN MAY, 1838, BY AUTHORITY 
OF JAMES W. TALLMAN, SHERIFF OF CEDAR COUNTY, WISCONSIN 

TERRITORY . 



proprietor's name 


Value of house- 
hold goods and 
merchandise. 


No. and value of 
working cattle. 


No. of cows and 
■stock cattle over 
3 years old. 


No. and value of 
horses over 3 
years old. 


o 

3 
> 

a cj 
. c 


o 
« 

3 
C3 

9-3 


fl-9 

o ^ 

03 

5* 


No. cattle under 
3 years old. 


Amount of prop 
erty taxed. 


tn 

S3 
■^^ 

a 

3 



Wheten Chase. . . . 

Philip Clark 

Wm. C. Massey 

Wm Devall 


f 200 
50 
50 


10 

8 


$ 375 
200 




1 .. 


3 
3 


1 195 
35 






1 
1 
1 


$ 30 

10 

5 


$ .. 





$725 00 
245.00 

43.00 
350.00 
455.00 
105.00 

75.00 
265.50 
167.00 
230.00 
3.58.. 50 
828.50 
248.50 

50.00 
245.00 
100.00 

98.50 

83.50 
292.00 
175.50 
302.50 
227.00 
536.00 
120 00 

60.00 
230.50 
234.00 

97.00 
227.00 
363.50 
290.00 


$ 3.63 
1.23 


1 


18 


20 





22 


10 
8 
2 
2 

8 


350 

285 
80 
75 

200 










1.75 


Benjamin Miller. . . 
Nathaniel Fellows. 


60 
50 


4 

1 


80 
25 


1 


50 


1 


6 








4 


2.28 








.53 


Thomas Bolster . . 


















.38 


Yale Hamilton.. . 


50 

100 
60 
50 

200 
60 
50 
20 
30 
60 
50 
50 

125 
75 
50 

175 
40 


2 
2 


40 
40 
















3 
2 


1.33 


•Tacob Witter 


1 
1 


75 
40 


1 


10 








.84 


William Ward 


6 
10 
14 

8 


190 
325 
455 
200 








1.15 


James W. Massey. . 
Pleasant Harris. . . . 
Jacob Earhart 


1 
3 
2 
1 


25 
75 
40 
20 












1 
3 
1 


1.79 


2 


180 


1 


10 


1 


20 




4.14 
1.24 


Joel Dowd 


1 


30 










.25 


Jas. S Wilkinson. . 


7 
4 
6 
2 
6 
2 
8 
4 
8 
4 
2 
4 
4 
1 
5 
6 
5 


245 
100 
150 

50 
180 

60 
200 
160 
300 
120 

60 
200 
100 

30 
150 
170 
110 














1.23 


Elias Secor 






















.50 


Elijah Parsons 

Salem Taylor 

Robert Walker. . . . 


2 
1 
3 
2 
3 
2 
4 


40 
25 
60 
40 
60 
40 
80 
















1 
1 
2 
3 
5 
2 
1 


.49 
















.42 








10 








1.46 


Isaac N. Lesh 












.88 


John Morl'ord 
















1.51 


Joseph Weaver. . . . 

Joseph Stover 

Samuel Walker. . . . 






1 


10 








1.14 


2 


80 








2.68 












.60 


James Walker. . . . 






















.30 


John Smith 


60 
75 
60 


1 
2 

1 
1 
3 
1 


22 
35 
20 
20 
60 
20 
















1 
4 
2 

"5 


1.15 


John A, Cain 


2 
1 

1 

2 
1 


55 
30 
50 
100 
70 


1 


10 








1.17 


Geo. W. Hawkins 








.49 


Wm. Sturgis 






1 


r* 




1.14 


Wm. Kelso 


50 
50 


1.82 


David Sweet 

Wm. Howe* 










100 


1.45 


Michael Bitter. . . . 


50 


4 
4 
4 
6 

8 


130 
130 
120 
150 
170 


1 
2 


25 

' 40 








10 








1 


173.50 
140.00 
177.00 
1.50.00 
375 00 


.87 


Benjamin Hitter. . . 






1 


10 




.70 


Johu McLucas 


75 

40 
50 




2 


.89 


Abraham A. Street 
















.75 


Green Hill 


2 


40 


1 


75 


1 


10 






70 


1 


1.88 


Henry Felkner* 




Eli Myers 




16 


480 














1 


10 






490.00 


2.45 


John Gilbert* 




















































Total 


$46.74 



*Property not listed. 



. HISTORY OF JOHNSON COUNTY. 271 

In addition to what is printed in the foregoing table, Robert Walker had 
five hogs, valued at $25; Joseph Stover had one horse under three years 
old; and Wm. Kelso the same. 

It is singular to note that for some reason or other Sheriff Tallman did 
not put Samuel C. ^Trowbridge's name on the above list. 

FIRST TAXES COLLECTED. 

The first collected tax list for Johnson county was made by S. C. Trow- 
bridge, county assessor, appointed by the board of county commissioners, 
April 1, 1839, and was based upon the assessment of personal property 
only, for territorial purposes, as no one had any title to land then, other 
than " squatter's claims." The following is a list of all the taxpayers in 
the county at the time of the assessment. May, 18B9, together with the 
amount assessed against each person. The rate of levy upon this assess- 
ment was fixed by the board of county commissioners at its meeting July 
1, 1839, thus: 

Ordered by the Court : That the rates per cent to be laid for tax should 
be one half per cent on the dollar: 

Green Hill, $423; Charles Jones, .559; John I, Burge, 245; Joseph Stover, 
600; Jonathan Harris, 182; John Eagan, 325; Joseph Eagan, 50; Asby D. 
Packard, 5; Joel Dowell, 97; John Williams, 10; Robert Walker, 313; 
Yale Hamilton, 205; Peter Crum, 33; John Trout, 175; Wilham Ward, 
324; Stephen Brown, 10; Thomas B. Mulholland, 10; John A. Sweet, 
170; John Moore, 50; Stephen Chase, 60; Knight & Wilson, 450; Eben- 
ezer, Douglass, 294; Wheton Chase, 588; William C. Massey, 85; Henry 
Hart, 85; John Morford, 228; John G. Coleman, 34; Samuel Walker, 302: 
Joseph Walker, 110; James Walker, m\ William Kelso, 414; James 
Magruder, 15; David Sweet, 249; William Sturgis, 168; George W. 
Hawkins, 95 ; Isaac McCorkle, 242 ; William Wolef, 180 ; Henry G. Reddout, 
10; John Gardner, 42; William M. Harris, 10; Pleasant Harris, 577; 
Henry Earhart, 10; Abner Wolcott, 6; Allen Baxter, 10; David Switzer, 
462; Samuel Sprague, 31; James L. Wilkinson, 70; Jacob Earhart, 427; 
John Earhart, 67; Nathaniel McClure, 374; Lewis Ranzhan, 287; James 
Smith, 280; John Royal, 35; Eliza Seacor, 179; William Morris, 212; 
James Seaborn, 443; McPherson Davis, 332; Josiah Davis, 114; Charles 
H. Berryhill, 400; Isaiah P. Hamilton, 50; William Brown, 128; Thomas 
B. Brown, 60; James Duglass, 160; John Shoup, 5; Benjamin Miller, 373; 
Patrick Smith, 21; William Dupont, 435; John Hawkins, 220; Mrs. Mary 
Ann Dennis, 65; John N. Headl}^ 281; Jonathan Sprague, 349; John 
Guilor, 311; Alonzo C. Dennison, 230; Joseph Dennison, 170; Gt^orge L. 
Dennison, 190; Addison^Chapman, 50; Martin Harless, 262;Jesse McCart, 
205; Nathaniel Fellows, 103; John Mathews, 436; Elijah Hurley, 11; 
James Harden, 281, John Morris, 235; William Jones, 333; Eli Myers, 
175; Harry Tyman, 122; Jesse McGrew, 431; Abner Arrowsmith, 214; 
Samuel Conlogue, 180; Warren Stiles, 445; Josiah Lyman, 50; Jahial 



272 HISTORY OF JOHNSON COUNTY. 

Park, 169; Presley and Lewis Conley, 370; Warren Spurrier, 78; Daniel 
Slone, 88; Andrew Binegal, 15; Marge Belford, 225; Ebenezer M. Adams, 
150; Peliezene C. Brown, 120; Thomas B. Prague, 95; John Agy, 85; 
John Rickman, 20; James Buchanan, 325; Isaac V. Dennis, 30; Samuel B. 
Trotter, 40; Allen C. Sutliff, 335; Thomas Maxwell, 35; Thomas G. 
Lockhart, 407; Samuel M. Lockhart, 290; Benona Haskin, 50; Thomas 
Fitz, 15; Thomas Ford, 165; Elias Rogers, 155; Wiley Fitz, 35; Henry 
Rogers, 110; William McGinnis, 25; David A. Burns, 40; Isaac Cox, 20; 
John S. Hollar, 275; Abner States, 20; Elijah Cox, 243; Edwin Brown, 
55; Orestes Lovett, 100; Robert Mathews, 301; Isaac Bowen, 365; John 
Parrott, 545; PhiHp Clark, 570: William Morford, 125. 

The foregoing list contains 128 names, each of whom reckoned as the 
head of a family, would, in the ratio of five to each family, give a popula- 
tion of 640. It will be observed that the highest assessment was given to 
Joseph Stover, $600, upon which he paid a tax of three dollars; and the 
lowest assessment was given to Asby D. Packard, five dollars, upon 
which he paid a tax of two cents and a half. The record — two sheets of 
foolscap paper, musty and browned in the lapse of forty-three years, shows 
that the tax was closely collected, every amount being marked paid except 
three; eleven marked removed out of the county, and four — Benona Has- 
kins, Thomas Fitz, Thomas Ford and David A. Burns, were found to be 
over the line in Linn county. The tax was collected by John Eagan, 
deputy under Sheriff Trowbridge, and the aggregate amount on the list 
is shown by the following return: 

Amount on duplicate for 1839, one hundred and thirteen dollars and 
fifty-five cents. 

John Eagan, Deputy Collector, J. C. 

This is supplemented by the following: "Duplicate of taxes for 1839. 
Settled satisfactory to us. 

Henry Felkner, J 

Philip Clark, > County Commissioners. 

Abner Walcott, ) 

Attest: Luke Douglass, Clerk B. C. C. 
Iowa City, Jan. 7, 1840. 

FIRST MONEY ORDERS. 

On the first organization of the county its public business and expendi- 
tures was managed by a board of three county commissioners; and the 
following is the tirst money order ever issued, and the first bill ever paid 
by Johnson county, for the services of a county officer: 

No. 1. — Treasurer of the county of Johnson pay to Samuel C. Trow- 
bridge, forty-three dollars out of any money in the treasury not otherwise 
appropriated, as remuneration for services rendered at the commissioners' 
court, and for summoning venires of grand and pettit jurors in and for the 
county of Johnson. By order of the board of county commissioners, 
issued this 20th dav of June, 1839. 

$43.00 " Luke Douglass, C. B. C. C. 



HISTORY OF JOHNSON COUNTY. 273 

On motion of Henry Felkner, the eagle side of a ten cent piece was to 
be used for a county seal until further orders. 

By a new law known at the time as "Mason's Code," the system of 
county business was changed from the board of three commissioners to a 
judgeship, or county court, consisting of one man elected for the purpose. 
This law took effect in 1851, and the first financial transaction of Johnson 
county, under this system was the following: 
No. 1. Office of County JuodE, Iowa City, Aug., 18, 1851. 

State of Iowa, Johnson county, ss: 

The treasurer of Johnson county will pay to Peter Ewing, two dollars 
and fifty cents out of any money in the county treasury, not otherwise 
appropriated. 

— •— Given under my hand, with the seal of the said county 

j ^ , ) of Johnson, hereunto affixed. 

'I ^^^^- \ ' F. H. Lee, County Judge. 

The next change in the mode of county government for Iowa was to 
abolish the judgeship and adopt the system of electing one supervisor 
from each township. This gave Johnson county a court or parliament of 
twenty members to transact its public business. The first money order 
issued by this new body was the following: 

No. 1. State of Iowa, Johnson County, ) 

Office of Clerk of the Board of Supervisors, \ 

Feb. 2, A. D. 1861. 

The treasurer of Johnson county will pay to James Fogg or bearer, 

eleven and twenty-eight one-hundredths dollars, out of any money in 

the county treasury, not otherwise appropriated. By order of the board 

of supervisors. Witness my hand and seal of this office hereunto athxed. 

H. E. Brown, Clerk. 

This system of county government proved too expensive and cumber- 
some; and in a few years the law was changed so as to have only three 
supervisors, the same as at first; but afterwards two more were added, 
making a board of five, and that is the law we are now working under. 

county finances. — 1841-i42. 

The first published report of the county finances found in the old news- 
paper files, was tiie following; which is valuable to compare with the 
amassed bulkiness of similar reports for 1881-82: 
Statement of JReceips and Exfendititres for the County of Johnson, from 

the I St day of April, 184.1, to the 3d day of May, 1842. 

receipts. 

Received from merchants and peddlers $ 341.39 

frrocers 611. 00 

fines 253.24 

ferry and auction licenses 30.00 

supervisors of roads -^O. < 9 

collector revenue for 1841 1,193.01 

Total $ 2,509.96 



274 HISTORY OF JOHNSON COUNTY. 

EXPENDITURES. 

For county and territorial roads $ 393.87 

For criminal prosecutions 412.20 

For constables, bailiffs, and witnesses 39.28 

For stationery, room rent, furniture, &c 207.63 

For clerks of district, and commissioners' court 155.81 

For sheriff " " 167.17 

For expenses of elections 79.14 

For wolf scalps 103.00 

For support of the poor 239.59 

For pay of county commissioners 243.71 

For treasurer's fees and charges 94.45 

For assessing the revenue 130.56 

For recorder for transcribing deeds, &c 67.87 

For printing • 40.00 

For lawyers for counsel, &c 25.00 

For coroner's inquests 33.75 

For R. P. Lowe, prosecuting attorney 300.00 

For pay of supervisors 22.65 

For outstanding orders on the 1st of April, 1841 751.31 



Total $3,506.99 

John Parrott, James Cavanagh, Philip Clark, 

Com m issionei's. 
Attest: S. B. Gardner, Clerk. 

VOTE for a county LOAN OF $15,000. 

On June 28, 1858, a vote was taken to decide: 

Whether the county shall borrow the sum of fifteen thousand dollars, at 
a rate of interest not exceeding ten per cent per annum, to pay indebted- 
ness of the county, and also to aid in the erection of tlie new court house 
and jail, and also authorizing the levy of a tax within the limits prescribed 
by law, upon the taxable property of said county, to pay the principal and 
interest of said loan in ten years from the date thereof. 

The following table shows the result of the vote by townships: 

. Township. . • ^f^^^^ ,fgf°«t 

^ Loan. the Loan. 

Iowa City 601 13 

Big Grove 44 3 

Cedar 5 17 

Clear Creek 17 7 

Fremont 10 47 

Graham 24 12 

Hardin *. 17 4 

Jefferson 29 1 

Liberty 29 2 

Monroe 11 36 

Newport 18 10 

Oxford 25 7 

Penn 39 25 

Pleasant Valley 1 38 

Scott 23 5 



HISTORY OF JOHNSON COUNTY. ^75 

Sharon 19 7 

Union 21 

Washington 18 39 

Total 951 273 

Majority for loan and tax, 078. 

A LOST RECORD. 

Theology has its " Lost tribes of Israel," history has its "lost arts," and 
Johnson county has its "lost record " — or, more properly, hasii't got it — 
for the record of county board proceedings from Dec. 31, 1S59, to Jan. 7, 
1861, are entirely missing and cannot be found. And at the same time 
there is some crookedness in the matter of county treasurer's books. In 
1861 Mr. J. W. Stow was appointed a special committee to investigate 
the matter. Meanwhile the state auditor made inquiry after the " miss- 
ing link" in the chain of statistics and revenues that serve to hold county 
and state governments in vital unity. On Sept. 3, 1861, Mr. Stow made 
a report, from which we extract such parts as show the main points of 
historic value: 

" Your committee asked from the present treasurer the books Mr. 
Hughes kept during his term of office, but was informed by Mr. Sperry 
that no such record existed. The only books kept by Mr. Hughes were 
claimed by him as private property, and removed by him upon the expir- 
ation of his term of service. The neglect to keep a full and accurate 
account of the county finances in books permanently deposited in the 
county treasurer's office, has made the examination and adjustment 
required by the auditor a matter of great difficulty, and in some respects, 
an impossibility. 

The following is what your committee gathered from the examination, 
and the abstract now annexed is the same in substance as that sent to the 
state auditor as the best that could now be furnished: 

Thomas Htighes^ treasurer of yohnson county, lozva, in account zuith the 
State of Iowa on state revenue : 

DEBTOR. 

To cash received from Gardner (probably nothing), 

" lew of 185.5 state tax $ 4,408.40 

" " " " 1856 " " 6,285.85 

" " " 1857 " " 11,669.19 

" " "1858 " " 8,281.73 

" " " 1859 " " 7,255.63 

" Additional assessments in 1855-56-57-58-59 95.13 

" Interest received during term 

" Amount received from peddlers' licences 

" " " " sale of laws 

" " of state revenues from other sources 

{Note. — There is no possible way of knowing anything respecting 
these last items except through Mr. Hughes, no records of such receipts 
being kept in the office. Your committee applied to Mr.^ Hughes for 
these items, but he stated that he could not furnish them. Your commit- 



276 HISTORY OF JOHNSON COUNTY. 

tee knows of no way in which the amount properly chargeable to Hughes 
from these sources can be known.) 

CREDIT. 

By unavailable taxes of 1855 $ 105.01 

" 1856 176.62 

Delinquent taxes of ] 857 838.47 

" " 1858 1,939.92 

" " 1859 6,663.81 

Treasurer's receipts for payments made 

Auditor's mileage certificates 

Refunded for erroneous assessment 

Cash paid to successor 

As before stated, the foregoing has been forwarded to the auditor of 
state as the best statement practicable. 

A. J. Hershire [now editor of the State Press\ was county treasurer 
from 1869 to 1873; and auditor from 1875 to 1879. He took pains while 
in office to gather up and preserve in proper order all the loose papers 
and records of county business that he could find. He found such papers 
tucked away in pigeon-holes and on shelves without any classification or 
labels; also found a lot that had been thrown into the wood-box and lain 
there for months or years as waste paper, but which, on examination con- 
tained matters quite important to the public records, and that had not 
been copied or preserved anywhere. But he could never find any clue to 
that "lost record" of the county business transacted during the year 1860. 

For many years the county business was done in such chance rooms as 
could be hired for the different officers. There were no vaults or safe 
storage provided for the books. The offices were occasionally moved; 
and there were several changes made in the laws governing county offices 
— such as changing from three commissioners to the one county judge sys- 
tem, and then changing back again; also, combining the duties of treas- 
urer and recorder, up to 1861, and then separating them; and combining 
the duties of county judge and auditor from 1851 till 1869, when the com- 
missioner or supervisor system was restored, and the separate office of 
auditor established. It is, therefore, not surprising that confusion worse 
confounded should have crept into some parts of this humpty-dumpty sort 
of management, and also of the official records pertaining to it. The loss 
of the county business records of 1860 was probably purely accidental, 
though from gross neglect or carelessness, for there was nothing in them 
from which anj^one could gain pecuniary benefit by their destruction. But 
the case of the missing treasury records of course was different. 

And in addition to the above cases, the entire record of county tax sales, 
from the beginning up to 1860-61, was feloniously purloined from the 
court house, and has never been recovered. One supposition is that it was 
taken and destroyed by irate parties whose property had been sold for 
taxes, and they thought thus to prevent consummation of tax title. 
Another supposition is that some one or more snide lawyers did it, because 



HISTORY OF JOHNSON COUNTY. 277 

its loss would make oceans of tax-title litigation, whereby they mio-ht 
profit. As to which is which, we can only say, in the languafi-e of the 
reliable colored gentleman, "you pays your money ^and you takes your 
choice." 

FINANCIAL TROUBLES IN 1861. 

On June 6, 1861, the following report was made by the committee on 
finance: 

Your committee were instructed to determine and report the amount 
and condition of the county indebtedness, both of a funded and 'floating 
character, and recommend such measures as they may deem expedient for 
its gradual liquidation. 

In the discharge of this duty, they find that the outstanding warrants 
upon the county treasury, on the first day of June, 1801, amount to the sum 

of $16,354 36 

Judgment of JVIcKee vs. County, 2,413 85 

" " W. Penn Clarke vs. County 600 00 

$19,368 21 

There is besides this an unadjusted indebtedness of the county, which 
your committee cannot now report — a part of which indebtedness will be 
audited by the board at its present session. 

The funded debt of the county consists of bonds issued 

to the M. & M. R. R. Co., $ 50,000 00 

To the Lyons I. C. R. R., 50,000 00 

Bonds for court house buildings, 15,000 00 

Making the entire liabilities of the county amount to the 

serious sum of $134,368 21 

The assets of the county consist of swamp lands unsold 925 00 

Amount due from the United States for swamp lands 

sold 30,775 00 

[Note. — These figures are derived from the state- 
ment of the county judge, submitted to the board at its 
last regular session.] 
Delinquent county taxes to 1st inst., estimated, 10,000 00 

$41,700 00 
■ Excess of liabilities over available assets, $92,668 21 

The railroad stock held by the county, as well as the real estate belong- 
ing to the county, are not included in this estimate, being evidently una- 
vailable for the purposes of this exhibit. 

How this board is to provide for the gradual extinction of this ponder- 
ous indebtedness, and at the same time reduce the present high rate of 
taxation, is a question difficult of solution. The accruing interest of this 
debt, together with theheav}^ annual expenses of. the county, are of them- 
selves serious demands upon the county revenue. This will be more 
apparent, when it is seen that the assessed value of the taxable property 
of the county for this year, is only $4,626,251.00, which will, if subjected 
to the highest rate of taxati6n allowable by law for county purposes, only 

18 



278 HISTORY OF JOHNSON COUNTY. 

yield a revenue of $18,500.00 per annum. Just what proportion of this 
revenue will be absorbed by the ordinary expenses of the county, your 
committee cannot now determine, having no reliable data upon which to 
base an estimate, which would be approximately reliable. The following 
abstract derived from the books of the county judge, will serve to show 
something bearing upon that point, but will, we trust, be no index to the 
future wants of the count3\ 

From the 15th of September, 1859, to the 1st of January, 1861, a period 
of 15^ months, there was expended from the county treasury 

For grand and petit jur}^ fees, $ 5,639 83 

" witness fees, 630 30 

" Attorneys' fees 808 35 

" costs in criminal suits, 625 55 

sherift^'s and deputy's fees, 1,487 35 

expense of keeping prisoners, 1,329 25 









Total judicial expenses, 10,520 63 

During the same period there was paid' 

For support of paupers 5,833 57 

" salaries of county officers 6,074 23 

stationery, printing, etc, 2,938 15 

court house purposes, building, repairs, etc., 5,269 87 

establishment of roads, 1,098 72 

" expenses of election, 481 21 

" " " county assessment, 758 65 

" miscellaneous purposes, 2,834 05 

Total expenditures, $35,809 08 

While your committee are of the opinion that it will be quite practicable 
to reduce the expenditures of the county very greatly below the sum 
above stated, they cannot hide from themselves the fact that under the 
most economical administration, the expenses of the county must be of 
necessity very heavy, nor can they perceive how these expenses are to be 
provided for, and any reduction of the county indebtedness effected, except 
by retaining the highest rate of taxation permitted by law. 

Certain it is that as long as the county warrants are current only at a 
discount of 15 to 20 per cent., your committee do not feel at liberty to rec- 
ommend any reduction in the rate of taxation. Yet, while forced to this 
unpleasant conclusion, your committee deem it due to the public that a full 
explanation of the difficulties, which forbid such a reduction should be 
given. In view of these facts, your committee recommend the levy of four 
mills on the dollar for county purposes; and, in this connection, w^ould 
express the belief that the continuance of this rate, coupled with the most 
rigid economy in the administration of our financial affairs, will tend to the 
creation of a sinking fund for the gradual extinction of the floating indebt- 
edness of the county. In the meantime, the tax ridden citizens of Johnson 
county must endeavor to console themselves with the reflection that while 
continuing to bear this heavy load of taxation, they are gradually escap- 
ing from a no less onerous burden of debt. 

The only sources to which the committee can direct the attention of the 
board, as affording any hope of relief from the funded indebtedness of the 



HISTORY OF JOHNSON COUNTY. 279 

county, are the delinquent taxes and the swamp land fund already alluded 
to. The estimated value of these assets is $il,700.0(), and to these sources 
the committee would invite the attention of the board. 

With respect to the delinquent taxes, your committee would say that, 
althoujrh the apparent amount of these is much greater than is herein 
reported, the committee for various reasons do not dare to estimate them 
worth more than the sum named by them. The committee deem it espe- 
cially important that some action should be taken for the adjustment and 
recovery of the swamp land fund supposed to be due from the govern- 
ment. That this will be a work of some difficulty, your committee do not 
doubt. The tedious details necessary for the proper presentation of the 
claim to the department at Washington, require exact knowledge and the 
utmost care in preparation, or vexatious delays and perhaps final loss may 
be the result. As your committee are aware that proposals for the recov- 
ery of this fund will be made to the board, they abstain from any specific 
recommendations. 

The total delinquent taxes of the year 1860, amount to the sum of $22,- 
893.82. This large delinquency is doubtless due to the monetary difficul- 
ties which afflict us in common with the whole west. Your committee 
fear that the collection of this delinquency will be a matter of great diffi- 
culty, and that the usual resort of tax sales will not be available for this 
purpose. The experience of former years also teaches us that unless extra 
efforts are made, much of the personal tax of the county will be lost. In 
view of these facts, and that also by a resolution of this board, a special 
deputy of the treasurer was charged with the duty of collecting the delin- 
quent taxes of the years 1857-8-9, and that in the discharge of this duty, 
such deputy will be compelled to visit every portion of the county, your 
committee are of the opinion that this affords a good opportunity for the 
collection of such delinquent personal tax, without increased expense to 
the county. They therefore recommend the adoption of the following 
resolution : 

32. Resolved, That the county treasurer be and hereby is requested 
to cause to be prepared a list of all delinquent personal taxes of the levy of 
1860, and that the special deputy provided by this board for the collection 
of the delinquent taxes of 1857-8-9, be charged with the duty of collecting 
the same under the supervision of the county treasurer. Adopted . 

In addition to the levy for county purposes, your committee would 
recommend the levying of a general fund school tax of one mill, a railroad 
tax of one mill, and township school tax as requested by the various town- 
ships in the communications herewith submitted. 

M. L. Morris, S. H. McCrory, J. W. Stow, 

Committee. 

June 6, 1863, the committee on delinquent taxes reported: 
Your committee in presenting this report would suggest that some 
method ought to be adopted by which the tax books may be kept in a 
more intelUgible manner. Your committee confess that in their opinion a 
is not in the power of any man or number of men to make out a strictl}' 
correct list of the delinquent taxes of Johnson county. 



280 HISTORY OF JOHNSON COUNTY. 

REPORT OF WARRANTS OUTSTANDING AND CASH BALANCE IN TREASURY 

JUNE 5, 1864. 

ORDINARY WARRANTS. 

Outstanding $ <101.95 

Claims audited and not paid 680.73 

Balance 3,247.87 

By cash in treasury $4,530.65 

RELfEF FUND WARRANTS. 

Outstanding $5,000.00 

Cash in treasury 82.40 

Balance outstanding $4,717.60 

BOUNTY WARRANTS OF 1862. 

Cash in treasury $2,115.52 

Outstanding 2,000.00 

Balance cash in treasury $ 1 15.52 

Bounty warrants of 1864 outstanding $ 165.01 

Free bridge warrants outstanding $ 239.80 

Warrants issued from Jan. 1, 1864, to June 1, 1864 $5,508.31 

CASH BALANCES IN THE TREASURY. 

State revenue $1,070.70 

County revenue 4,530.65 

Temporary school fund 577.48 

Railroad fund 98.28 

Township road fund 2,291.16 

Permanent school fund 7,687.02 

Poor house fund 15.28 

County road fund 58.98 

Interest on bond fund 341.02 

McKee judgment 23.10 

War fund 23.08 

Federal revenue fund 456.74 

Lyons railroad fund 18.36 

Free bridge fund 8.19 

Bounty fund 2,115.52 

Relief" fund 282.40 

Insane hospital fund 249.22 

Dictionary fund 44.00 

Temporary school fund interest on notes 1,028.17 

Judgment fund 442.16 

Contingent school fund 182.48 

Teachers' fund 707.70 

District fund. 480.51 

Total $22,743.28 

REPORT OF RELIEF AGENT. 

To the Board of S 11^67' visors of fohnson county^ Iowa: 
Since your meeting of January, I have disbursed eight thousand, sixty- 



HISTORY OF JOHNSON COUNTY. 281 

one dollars and twenty-seven cents to 243 families, in all about 1,000 per- 
sons, an average of $33.17 to the family, an increase of about $13 to the 
family. 

Amount received from county treasurer $8,000.00 

Amount on hand Jan. 4, 1864 . . 176.96 

Cash disbursed on orders $7,630.00 

Discount on orders 270.00 

Services at 2 per cent 161 .27 

Balance on hand 115.69 

Total $8,176.96 $8,176.96 

I would recommend as the better policy, the issue of bonds for the pur- 
pose of replenishing of the fund, as the discoimt on the relief warrants is 
4^ per cent., which, with the 6 per cent, interest, amounts to 10^ per cent., 
and money can now be had on county bonds at 8 per cent, thus saving 
2^ per cent, to the fund. 

Respectfully submitted, G. Fp:sler, Agent. 

Jan. 1,1867, the county clerk, John C. Culbertson, makes a financial 
statement, showing an excess of liabilities over assets amounting to 
$2,275.81. 

June 7, 1867, a special committee consisting of A. H. Humphrey, John 
Dillatush and A. D. Packard, reported that they had found on the recor- 
der's books, mortgages, judgments, etc., which had escaped assessment, 
amounting in all to $90,712. And the board proceeded to assess them 
according to law. 

FINANCIAL AND OTHER STATISTICS FOR 1881. 

The following statements have been compiled from the State Auditor's 
last biennial report, submitted to the Governor, Nov. 15, 1881. 

Statement of the balances on the books at State auditor's office due 
from Johnson county on account of the different funds, on the 30th day of 
September, 1881: Insane Hospital, county dues, $1,796.76; Orphans' 
Home, county dues, $325; total $2,121.76. 

Statement of the amount of the several State funds in the hands of the 
Johnson county treasurer on the 1st day of October, 1881, as reported by 
said county treasurer: State revenue, $2,126.59; War and defense bond 
tax, $1,049.39; total $3,175.98. 

Statement showing the amount of State and local taxes in Johnson 
county for the year 1880, as returned to the auditor of State by the county 
auditor, in compliance with section 844 of the Code of 1873: State tax 
two mills, $14,735.12; county tax, $24,698.31; Insane Hospital tax, 
$1,842.16; Bridge tax, $24,735.12; County school tax, $7,367.56; District 
school tax, $43,557.86; Road tax, $3,788.26; Special tax, $11,356.85; 
Judgm.ent and bond tax, $239.90; Corporation tax, $23,746.32; total, $146,- 
066.90. 

Statment showing the number of cattle, horses, mules, sheep and swine 
assessed and the value thereof in Johnson county, for the year 1881 : 



282 HISTORY OF JOHNSON COUNTY. 

Number of cattle 29,229; value i|i306,843. Number of horses 11,265 
value $300,566. Number of mules 780 ; value $27,682. Number of sheep 
9,578; value $10,315. Number of swine 50,450; value $104,603. 

Statement showing the number of acres of land assessed, the average 
value per acre, and the aggregate valuation, after deducting the exemp- 
tions (on account of fruit and forest trees planted), and after equalization; 
also the aggregate value of town property, railroad property, and of per- 
sonal property, and total valuation of taxable property, and exemptions, in 
Johnson county for the year 1881: Number of acres of land 389,891; 
reported value per acre $10.91; equalized value per acre $10.91; reported 
value of lands $4,251,825; reported value of town lots $1,360,085; personal 
property, value $1,497,025; railroad property, value $482,814; total value 
$7,591,749. 

Statement of the apportionment of the interest of the permanent school 
fund made by the Auditor of State on the fifth day of September, A. D. 
1881, as provided by sections Q6, 1582, 1844, 1881, 1882 and 1884, Code of 
1873, on the basis of twenty cents for each youth in the county: 

Number of youth, 8,441; interest due as per section 1882, code of 1873, 
$1,104.17; total interest to be apportioned, $1,104.17; amount of interest 
apportioned, $2,073.20. 

Statement showing the county and district agricultural societies entitled 
to State aid under section 1112, of the code of 1873, also total receipts of 
said societies, receipts for membership only, and the amount paid each 
society for the year 1880: Total receipts, $2,481.10; receipts for mem- 
bership, $107; amount of State aid, $107. 

Statement of resources and liabilities Johnson County Savings Bank 
doing business under the laws of the State, up to, and including Septem, 
ber 30, 1881, made to the Auditor of State, as required by chapter 9, title 
XI, of the code of 1873: 

Resources. — Loans and discounts, $285,730.29; other stocks, bonds, etc., 
$13,011.67; overdrafts, $20,028.77; real estate, $40,893.82; other instru- 
ments, $5,149.87; due from banks, $18,718.20; expenses, $2,391.19; specie, 
$9,793.55; legal tender, national bank notes, silver and subsidiary coin, 
$20,701.05; cash items, $4,418.39; total resources, $420,836.80. 

Liabilities. — Capital stock, $125,000 ; unpaid dividends, $4,480 ; undivided 
profits, $3,890.56; liabilities of officers and directors, $15,504; total liabili- 
ties, $420,836.80. 

Statement showing the number of miles of railroad, the assessed value- 
and the aggregate assessed value, in Johnson county, January 1, 1881, as 
assessed by the executive council, March 3, 1881: 

Burlington, Cedar Rapids and Northern, number of miles, 16.05; 
assessed value per mile, $5,000; aggregate asssessed value, $80,250; 
Burlington, Cedar Rapids and Northern, Iowa City division, number of 
miles, 19.59; assessed value per mile, $2,000; aggregate assessed value, 



HISTORY OF JOHNSON COUNTY. 283 

$39,180. Burlington, Cedar Rapids and Northern, Muscatine division, 
number of miles, 7.06 ; assessed value per mile, $2,500 ; aggregate assessed 
value, $17,650. Chicago, Rock Island and Pacific, number of miles, 27.16; 
assessed value per mile, $12,600; aggregate assessed value, $3'12,216. 

Statement showing the assessed value per mile and the aggre<»-ate 
assessed value in Johnson county of sleeping-cars not owned by the rail- 
roads, January 1, 1881, as provided in chapter 114, acts of the Seventeenth 
General Assembly: 

Burlington, Cedar Rapids and Northern, number of miles, 16.05; 
assessed value per mile, $50.00 ; aggregate assessed value, $802.50. 

Chicago, Rock Island and Pacific, number of miles, 27.16; assessed 
value per mile, $100.00; aggregate assessed value, $2,716.00. 

The State Auditor's table of the outstanding indebtedness of the several 
counties shows that Johnson county has no debt; and forty other coun- 
ties of our State, are in the same happy condition of debtless blessedness. 

COUNTY FINANCES. — 1881-82. 

It would take a "picked nine" of Philadelphia lawyers to unravel all the 
riddles in the county records, and make a complete exhibit of tlie county 
finances for all the years. Of some years the records are well kept and 
very complete, while of other years they are poorly kept, blind, unex- 
plainable; and some records which should be in the court house are entirely 
missing, as shown from official authority, elsewhere in this work. But 
the last report of the county auditor, made January 2, 1882, and covering 
the fiscal year 1881 — together with the treasurer's reports of January and 
June, 1882, will show the present state of the county funds. The auditor'o 
report is very full and well itemized, as also are the reports for several 
years back. The general summary of this last report shows what kind 
of expenses the county has constantly to meet, and the total amount of 
each kind for that year, 1881: 

COUNTY auditor's REPORT FOR 1881. 

Balance on hand January 1, 1881 $ 18,385.31 

Received from all sources 177,085.91 

Total $195,471.22 

Paid for all purposes $182,226.52 

Balance on hand January 1, 1882 13,244.80 

Total $195,471.22 

SUBDIVISION A. 

Paid on account of county $ 26,353.89 

Paid on account of poor 10,452.04 

Paid on account of State 11,658\53 

Paid on account of schools 53,276.09 



284 HISTORY OF JOHNSON COUNTY. 

Paid on account of school loans 4,750.00 

Paid on account of insane 4,018.63 

Paid on account of bridges 15,727.75 

Paid on account of township roads 3,713. iiS 

Paid on account of city taxes 21,057.42 

Paid on account of W. & D. bonds 3,596.87 

Paid on account of Solon side-walk 10.12 

Paid on account of Orphans' home 516.62 

Paid on account of school interest 2,813.68 

Paid on account of refundings 50.63 

Paid on account of Fremont drain 77.82 

Paid on account of railroad taxes 24,153.11 

Total $182,226.52 

SUBDIVISION B. 

Court expenses $ 9,523.18 

Township officers 3,129.90 

County officers 4,272.39 

Board of Supervisors 1,482.78 

Janitor 400.00 

Livery 145.20 

Wolf bounty 176.00 

Taxes Poweshiek count}^ 31.07 

Delinquent tax list 364.00 

Gas bills 125.00 

Printing, blank books, stationery 2,964.73 

Fuel 245.62 

Publishing proceedings, etc 1,251.92 

Repairs court house 635.00 

Miscellaneous items, stone, etc 1,607.20 

Total. . . . : $ 26,353.89 

SUBDIVISION C. 

Gross expenses of poor farm $ 4,067.62 

Township trustees for care of poor 83.50 

Board of tramps and transportation 374.51 

County phvsician and other physicians 433.70 

Support of poor not in poor house 4,642.82 

Muscatine, Scott and Blackhawk counties for the sup- 
port of poor .... 535.94 

Digging graves, and coffins for pauper 170.03 

Sundry minor bills 143.92 

Total $ 10,452.04 

SUBDIVISION D. 

District and circuit court jurors $ 2,860.00 

Grand jurors 651.80 

Reporters 478.00 

Bailiffs 874.00 

Prosecuting attorney 155.00 



HISTORY OF JOHNSON COUNTY. 285 



Board of prisoners 

Board of jurors 

Grand jury witnesses 

Fees in criminal cases 

Sheriffs fees, salary, conveying prisoners , 

Jail expenses 

Attorneys appointed by court 

Sundry expenses, stationery, etc 



1,660.00 


72.70 


339.10 


1,789.52 


365.94 


109.81 


74.00 


93.31 



Total $ 9,523.18 

RECAPITULATION. 

Drawn on county fund $ 26,353.89 

Drawn on poor fund 10,452.04 

Drawn on insane hospital fund 4,018.63 

Drawn for orphans' home fund . . 516.66 

Total $ 41,341.22 

COUNTY treasurer's REPORT OF 1881. — RECAPITULATION. 

Balance on hand January 1, 1882: 

State .' $ 721.19 

School 894.92 

Insane hospital 1,513.69 

Bridge • • • 177.20 

Teachers 2,463.59 

School house 281.50 

Contingent 675.05 

Township road 376.63 

School fund interest 285.33 

Permanent school 9,679.00 

Institute 64.50 

Cemetery 35.00 

Iowa City & Western Railway 1-^ per cent 19.81 

Drainage 139.39 

Unclaimed fees 70.90 

War and defense bonds 20.23 

Younkin judgment 36.44 

Muscatine Western Railway 9.54 

Board of Health 10.88 

City general 21 4.13 

City bond interest 91-85 

City sinking 47.51 

City sidewalk 20.59 

County $ 2,089.08 

Poor 2,480.44 

Total cash on hand 13,244.70 



$17,814.22 $17,814.22 



286 HISTORY OF JOHNSON COUNTY. 

COUNTY treasurer's REPORT. — RECAPITULATION. 

Balance on hand June 1, 1882: 

Counlv fund $ 2,157.56 

State fund 2,005.29 

School fund 1,151.20 

Insane hospital fund 380.75 

Bridge fund 10,593.39 

Teachers' fund 3,827.65 

School house fund 367.68 

Contingent fund 1,108.80 

Township road fund 447.52 

School fund interest 243.26 

Permanent school fund 8,389.00 

Institute fund 64.50 

Cemetery fund .35 

Iowa City & Western Railway, 3 per cent fund 20.75 

Iowa City & Western Railway 1^ per cent fund 33.15 

Drainage fund 129.39 

Unclaimed fees fund 70.90 

War and defense bonds fund 1.68 

Muscatine Western Railway fund 9.54 

Board of health fund 32.58 

City general fund 150.90 

City bond interest fund 67.90 

Citv sinking fund '. 33.55 

City poll fund 8.09 

Poor fund $ 94.02 

Refunded 117.34 

Cash 31,083.21 



^31,294.57 $31,294,57 
The officers making the above report were A. Medowell, auditor, and 
C. M. Reno, treasurer, in 1881, and Hugh McGovern, treasurer in 1882. 

TAX LEVY FOR 1882. 

The following action of the county board, on September 8, 1882, serves 
to show in part, the present financial condition and tax requirements: 

Resolved, That the auditor certify the tax list to the county treasurer, as 
provided by law: 

For State revenue, two and one-half mills on each dollar valuation, and 
a poll tax of fifty cents. 

For county fund, three mills on each dollar valuation. 

For poor fund, one mill on each dollar valuation . 

For school tund, one mill on each dollar valuation. 

For insane hospital, one-half mill on each dollar valuation. 

For bridge fund, two mills on each dollar valuation. 

And it is further ordered, that for Iowa City corporate purposes there 
be levied as certified to this board by the city council of Iowa City as fol- 
lows, to-wit: 

For general fund, ten mills on each dollar valuation. 

Bond interest fund, three and one-half mills on each dollar valuation. 

For sinking fund, two mills on each dollar valuation. 

For macadam fund, one mill on each dollar valuation . 



HISTORY OF JOHNSON COUNTY. 287 

Also the several funds assessed by said city council upon certain lots 
and parcels of (ground for sidewalks and repairs, together with the several 
delinquent poll taxes, and also a special tax for zuatcr zvorks of three mills 
on each dollar valuation of certain lots and parcels of ground, etc. [Des- 
criptions here omitted.] 

The following was adopted the next day, September !»: 

Resolved, That the chairman of the board of supervisors be, and he is 
hereby authorized to borrow $3,000 for six months, for the use of the 
county. 

The railroads do something toward paying the cost of running the 
county. They pay taxes for State and county purposes, as follows in 
Johnson county, in 1882: 

f Graham twp $692.03 

I Scott 136..50 

B. C. R. & N.-l Lucas 168.90 

I Iowa City 805.44 

[Liberty 192.00 

Total $1,994.87 

f Scott twp $1,442.47 

I Iowa City 1,517.03 

1 Lucas 632.93 

C. R. L & P. ^ CoralviUe 565.53 

Clear Creek 1,832.15 

Oxford twp 1,608.63 

[Oxford Village 553.81 

Total $8,152.56 

Making a total paid by these roads $10,147.43, not including school 

taxes. 

In the agricultural division of Chapter V., Part 2, in this volume, will 

be found sundry tables of real estate and personal property valuations* 

and the equahzed value per acre, by townships. 

The total valuation in 1882 was as follows : Realty, $5 ,563,686 ; personal, 

$2,093,318; railroad, $490,839. Total, $8,147,843. 



288 HISTORY OF JOHNSON COUNTY. 

CHAPTER IV.— PART 1. 



Mound-Builders — Ancient Mounds — Indians — Etc., — in Johnson County. 
MOUND-BUILDERS AND INDIANS. 

Every place has a pre-historic history; and so has Johnson county. 
Relics of the ancient, pre-historic Mound-builder race of America are 
found in this county. The reader will naturally want to know who and 
what were these mysterious people. This is just what scientists have 
been trying^ to find out for fifty years past; and we can only say, " they 
are gaining on itT An eminent scientist, Prof. John S. Newberry of 
Ohio, delivered a lecture last winter (1881-82) before the Academy of 
Science of New York, on the ancient civilization of America; and he 
speaks thus of the Mound-builder peoples: 

When the savages were pressed back by advancing civilization between 
the lakes and the Mexican gulf, it was discovered that they were not 
autochthonous, for mounds, caves, palaces and remains of cities showed 
the existence of a race that lived in the highest style of civilization. Inves- 
tigation and research by historians, geologists and archceologists have 
brought to light much concerning these wonderful people. They can be 
divided in two classes which, with local differences, are generally the same. 
One is the mound-builders, who dwelt in the fertile valley of the Missis- 
sippi, following a sedentar}^ and peaceful life. Mounds built by them and 
instruments and pottery and copper ornaments made by them, have been 
discovered all through the Mississippi valley. They were miners, far- 
mers, raised tobacco, and remains of their oil wells still exist at Titusville, 
Pa, In numbers they probably equaled the inhabitants of the region at 
present and enough is known of their osteology to say they were of 
medium size, fair proportions, with a cranial development not unlike our 
red Indian. Their teeth were large and strong."-^ They buried their 
dead with great ceremony. When and wh}', and how the mound-builder 
disappeared we do not know. Their ultimate fate was probablv entire 
extinction. The second class of these early Americans was the palace- 
builders of the table-land, a class that was spread from Chili, on the south, 
to Utah, on the north, reaching their greatest degree of power and civiliza- 
tion in Central America, Mexico and Peru. The Incas and Montezumas 
were types of this race, and though when swept from the earth by the 
brutality of Pizarro and Cortez, their glory was already in its decadence, 
we can scarcely conceive of the extent of their magnificence. This Mexi- 
can and Peruvian era far surpassed anything in our day in the construc- 
tion of public works, roads, aqueducts, palaces and cities. The macadam- 
ized road that led from Callao to Lima exceeded in cost the Union Pacific 
railroad; and if all the forts within our borders were put into one, it would 
not equal the fortified structure that is yet to be seen on the Peruvian 
coast. Louis Hoft'man, an engineer who was with Maximilian, has 
described the ruins of a large seaport town on the Pacific coast of Mexico. 
The Central American country abounds in evidences of the Aztec race, and 
last winter many archaeologists went thither, and from their labors we 

*See a Jolinson county specimen of jaw and teeth, at M. W. Davis' drug store, in Iowa 
City. 



HISTORY OF JOHNSON COUNTY. 289 

shall soon learn more of this wondrous people. Their origin is lost in 
antiquity. They ma}^ have come from the seed home across the sea by 
Phoenician traders— perhaps they sprano- from the fabled race of Atlantis. 
They were either indigenous or imported in an embryotic state from the 
oriental archa^pelago — the latter the most likely. 

Such is a brief summing up of facts regarding the human races that 
occupied this land prior to our modern Indian tribes. Of these latter we 
have history enough; but the former are properly pre-historic. 

ANCIENT MOUNDS. 

The pre-historic remains of an ancient race that once inhabited Johnson 
county in considerable numbers are fast passing away. Many mounds 
which were plainly visible when white men first came here are now 
entirely obliterated by being plowed down in cultivated fields or dug open 
by relic hunters, and in other ways; and fifty years hence there will 
scarcely be a mound left to prove that such evidences of a former race 
ever existed. From M. W. Davis, the druggist, and Col. S. C. Trow- 
bridge, we gather the following points: 

There were mounds and evidences of an ancient town near Solon, in 
Big Grove township. 

On section thirty-three in Liberty township there were about fifty 
mounds visible some twenty years ago, with trees a foot and a half to two 
feet in diameter growing on top of them. 

On section three in Lucas township there were perhaps twenty mounds, 
some of which are still visible [August, 1882,] while others of them have 
disappeared. They are on land belonging to Lewis Englert's vineyard. 

There are a considerable number of mounds on sections three and four 
in Lucas township, on land owned by Wm. Burger. 

In Newport township, on section 27, there is a large group or neigh- 
borhood of mounds, probably fifty or more in number, and all situated 
on knolls or ridges, from which there is drainage every way. In 1868 and 
'64 Mr. Davis and others opened several of these mounds. They all con- 
tained human bones, arranged in such ways as to show that the body had 
been buried either in a sitting posture or lying down, but bent in the same 
way as for sitting; all had their faces toward the west; and all the skele- 
tons were found to have been covered with wood ashes from an inch to 
an inch and a half deep before the earth which formed the mound had 
been piled upon them. In one they found a male skeleton which had a 
prodigiously large and powerful lower jaw, with a comparatively small 
cranium; these and some of the leg bones of the same individual Mr. 
Davis still has, preserved in his collection. They also found a child's 
skeleton, and with it a small jug or bottle. This was of a grayish-black 
colored earthenware, with a round body about three inches in diameter; 
on one side were some rude markings, as if a ring with two cross-lines 
and some dots had been drawn with a fine-pointed stick when the clay was 



290 HISTORY OF JOHNSON COUNTY. 

soft, and then straight marks made from the ring outward in one direction, 
and this is supposed to have been designed to represent the sun. The top 
of the vessel was narrowed to a neck, then a head fashioned on it which 
has some -possible resemblance to a turtle's beak, and on one side a pout- 
Hpped opening or spout; this was the only inlet or outlet to the vessel, the 
terminal hole being about the size of a man's finger. The vessel would 
hold about half a pint. Dr. B. H. Aylvvorth made a plaster cast of this 
rare relic, but Mr. Davis still has the original in his collection. 

Every mother who has lost a dear child can picture to herself the prob- 
able story of this ancient earthen bottle, and realize with what sorrowful 
and teder care the pre-historic mother fashioned it with her own hands 
and placed it in her child's burial place, containing a supply of food or 
drink for its journey to the spiritual sun-land beyond the western sky. 

The specimen is one of rare interest to the archjEologist, as well as to 
the student of ethnology and aesthetic evolution in sentiment and art. 

INDIAN TOWNS IN JOHNSON COUNTY. 

When the first white settlers came to Johnson county there were three 
Indian villages within its bounds, all belonging to remnant bands of the 
once powerful Sac and Fox tribe. Poweshiek had a village right where 
David B. Cox, Esq., now resides, in Pleasant Valley township; and his 
sub-chief named Wapashashiek had a village about a mile further up the 
river. Another chief named Totokonock had a village in what is now 
Fremont township, near where Chas. Fernstrom now resides (1882). These 
were the Musquaka branch of the Sac and Fox tribe. Totokonock was 
Black Hawk's prophet, and prophesied success for him in the historic 
escapade known as "the Black Hawk war," although Keokuk at the 
same time prophesied failure. Poweshiek also refused to join in Black 
Hawk's war scheme. [The position of the Poweshiek and Wapashashiek 
villages may be seen on the diagram on page 207.] 

THE OLD " FORT." 

In the winter of 1837-38 there was a big scare both among the Indians 
and their few white neighbors, lest the hostile and warlike Sioux Indians 
should make a war visit down here to fight their ancient enemies of the 
Sac and Fox tribe. So the Indians got some of the white men to build 
them a "fort." Some persons who were knowing to the case have 
always claimed that the whole business of the "scare" and building the 
"fort" was a trick of some white men to find employment, in which they 
succeeded admirably. They took the contract to build the "fort" for the 
Indians, receiving a few ponies at the time as first payment, and taking the 
balance out of their government annuities when that was paid to the 
Indians. These men worked all winter cutting logs and splitting them, 
hauling them up and setting them endwise deep in the ground so as to 
make a sort of stockade inclosure. For this job they got $3,000 out of the 



HISTORY OF JOHNSON COUNTY. 291 

government annuities due the Indians. And we are assured that this is all 
there ever was to the so-called old "Indian fort." The Sioux didn't come, 
and our Indians made a feast of gratitude and sacrificed three doas in 
token of their thankfulness to the Great Spirit for being saved from their 
enemies. 

These Indians cultivated corn, beans, squashes, pumpkins and melons, 
all the work of cultivation being done by the women, on spots of licdit, 
sandy soil that could be easily worked with their rude hand-hoes. Hence, 
of course, they did not " plow deep." The women scraped green corn 
(partly boiled) off from the cobs with a clam-shell and dried it for winter 
use. Then when they boiled a dog or a muskrat and sprinkled a little of 
this dried corn into the soup, it made a very palatable and nourishing 
mess for those who could stomach it. 

The women wove bark into sacks and baskets to preserve their dried 
corn and beans and dried meat in, so they could hang it up beyond the 
reach of the dogs. They also had a way of building a sort of outside 
cellar by digging a hole in a dry place, making an arch of strong slabs 
of bark, then piling dead leaves, bark and earth on top. And inside of 
this they could keep ripe corn and other provisions in strong baskets. 

In the spring of 1839 Poweshiek moved up to the Dupont settlement in 
or on the west line of what is now Monroe township, and planted corn 
there. But many of his people were sick that fall and winter with ague, 
and some died. Wapashashiek had moved about the same time to their 
new agency and trading-post five miles below Marengo; and the follow- 
ing year Poweshiek's people went there also. 

The new treaty which required these Indians all to move out of Johnson 
county had made them all subject to Keokuk as their head chief. This 
Totokonock refused to submit to, regarding it as a special indignit}^ to 
himself and Black Hawk. Some of his band therefore went and joined 
the Poweshiek and Wapashashiek villages, while Totokonock himself 
and his personal adherents distributed themselves and went north and 
joined the Winnebago tribe. 

In 1843 our ex-Johnson county Indians were all moved to Fort Des 
Moines, where a company of U. S. troops was stationed to guard the 
frontier; and on this occasion a party of Iowa City people went up to 
Marengo to see the Indians start. This party consisted of Hugh D. 
Downey, Dr. Metcalf and his niece, Miss Higgins, two Mrs. Robinsons 
(one of them now Mrs. Banberry), S. C. Trowbridge and Micajah T. 
Williams, who was then a visitor here from the east, but now (18S2) 
resides at Oskaloosa. 

In 1845 and '46 most of the Sac and Fc>x Indians were removed to their 
reservation in Kansas; but a small remnant of them, or their half-breed 
descendants, still Hve in Tama county (1882), and have become civilized 
people. 



292 HISTORY OF JOHNSON COUNTY. 

THE JOHNSON COUNTY CHIEFS. 

Poweshiek was originally one of the minor civil chiefs of the Sac and 
Fox nation, who inherited their rank by birthright, but could not become 
war chiefs except by distinguished bravery and success in battle. He is 
supposed to have been born while his tribe or nation was settled along the 
banks of the Rock river, Illinois, and probably about the years 1787 to 
1790, for he was reckoned to be of about the same age as Wapello, who 
was born at Prairie du Chien in 17S7. When his tribe moved west of 
the Mississippi after the treaty of 1832, known in history as "the Black 
Hawk purchase," Poweshiek located on the Iowa river, and still remained 
here when most of the tribe went further southwest onto the Des Moines 
river; and Poweshiek's people received the name of the Musquaka 
band. If they had thrived and prospered, and grown powerful, they 
would have become in a few years an entirely new tribe or nation — for 
such is the law of evolution, and that is the way nations arise; but instead 
of that they dwindled away and became extinct, just as many of the 
mightiest nations of old times have done. The origin of this name, "Mus- 
quaka," is not entirely known; we find that the island opposite Muscatine 
was formerly occupied by these Indians, who called it Mus-qua-keen, and 
from this the name of Muscatine City originated and also tne nickname of 
Poweshiek's band. Poweshiek was one of the chiefs who visited Wash- 
ington and other eastern cities in 1837, others being Keokuk, Black 
Hawk, Wapello, Appanoose, and over thirty other chiefs and braves, 
accompanied by Col. Geo. Davenport, of the Rock Island trading-post. 
In May, 1838, Gen. Joseph M. Street organized a party to explore the 
new purchase, and was accompanied b}^ a band of thirty Musquaka braves 
under the command of Poweshiek. 

When Col. S. C. Trowbridge first came to Johnson county, in 1837, 
Poweshiek's village stood where 'Squire Cox's residence is now standing 
in Pleasant Valley township, and. Trowbridge became quite an intimate 
friend of the old chief. He says Poweshiek was a large, fat, lazy man, 
weighing about 250 pounds,''and fond of whisky; often drunk. He had 
a strong sense of justice, and was brave, true to his word and faithful to 
a friend; his word was sacred; and any gift from a friend was kept with 
a sasred reverence bordering on superstition. He was rather slow to be 
aroused, but when fairly aroused to action, showed a great deal of energy 
and force of character, combined with a fair degree of executive talent 
and judicial facult}-. His word was law in the two villages. He was, on 
the whole, rather a noble specimen of the American red man. 

Wapashashiek was a sub-chief under Poweshiek and was strictly 
just and honest like his head chief, and had the added virtue of being 
sober; saw the ruin which whisky was working among his people, and 
sturdily shunned it. He was a tall, thin, spare man ; had far less executive 
talent and weight of character than Poweshiek; he managed his own vil- 



HISTORY OF JOHNSON COUNTY. 293 

lage very well, but all important matters were reported to the head chief. 
His age and birth-place are not known. 

KiSHKEKOSH was a war chief or leader who had won his rank by such 
deeds of blood as his nation delighted to honor, just as civilized nations 
give military rank to successful warriors who may not have been born of 
the ruling class. He was tall, straight, active, wiry; an expert in every 
athletic exercise engaged in by the men of his tribe, such as running, 
leaping, dancing, paddling a canoe, climbing, riding a pony, throwing the 
tomahawk, etc. By this means he won great repute and influence, espe- 
cially among the younger portion of his people. But he was also a fluent 
and eloquent speaker in his native tongue, and a man of sober habits. His 
age was about ten 3^ears younger than Poweshiek, from whom he differed 
in every respect, both of physical and mental quality. He possessed in 
full measure the natural cunning, shrewdness and trickery which belonged 
as a race characteristic to the Indian tribes. He had no sense of honor, at 
least not as toward white men ; would lie, steal, cheat, betray, murder, 
without scruple. He was feared, hated and distrusted by all the whites; 
in fact it was believed that he committed several murders of white men, 
although it could not be proven. Kishkekosh was a " bad Injin." 

ToTOKONOK — pronounced To-to-ko-nok — was a minor, civil chief, who 
had his village opposite the mouth of the English river, in Fremont town- 
ship. Little is known of him, beyond the fact that he sympatized with 
Black Hawk in his war against the whites, and prophesied success for 
him. And finally, rather than submit to Keokuk's rule, as rec[uired by 
the treaty of 1838, he left his native tribe and went to the Winnebagoes. 
He seems to have got along very peaceably with his white neighbors in 
Johnson county. 

Sketches of the more prominent Indian chiefs who lived in other parts 
of Iowa will be found in the fore part of this volume, under the head of 
"Iowa Indians." 

NEV^HALl's " SKETCHES." 

Accounts and descriptions of Indian life and character are always fascinat- 
ing, especially to the younger class of readers who have heard of, but 
never seen a (genuine wild Indian. Newhall's "Sketches of Iowa," which 
was the first book ever printed as an Iowa historical work, contained a 
pretty fair account of the very class of Indians who had inhabited John- 
son county. And from this work we make some extracts which will fur- 
ther illustrate the sort of life led by our redskin predecessors in this 
county: 

The Sacs and Foxes have been among the most powerful and warlike 
tribes in the northwest. Historv finds them lighting their way from the 
shores of the northern lakes gradually toward the Mississippi, sometimes 
warring with the Winnebagoes, and at other times with the Chippewas, 
often instigated by the French. At an early period they inhabited the 
region of country bordering on Wisconsin river, and planted large quan- 

19 



294 HISTORY OF JOHNSON COUNTY. 

titles of corn. The whole history of their wars and migrations shows 
them to have been a restless and spirited people — a people erratic in their 
pursuits, having a great contempt for agriculture and a predominant pas- 
sion for war. By these ruling traits they have been constantly changing, 
suffering and diminishing. Still they retain their ancient chivalry, ever 
read}' for war, regardless of the superiority of their foes. Their number, 
of late years, has been somewhat augmented b}^ the policy they have pur- 
sued of adopting their prisoners of war and receiving seceders from other 
tribes, and at the present time they number about seven thousand souls. 
Their villages are principally located upon the river Des Moines. The 
have, however, one large village situated upon the banks of the Iowa, a 
few miles from the United States boundary line. This is called Powe- 
shiek's village, it being the residence of "Poweshiek," a Fox chief. His 
village is large, containing many lodges and from seventeen hundred to 
two thousand souls. 

Sometimes, midway between two villages, or perhaps off in the prairie, 
mav be seen a hundred young ' warriors ' from each, " picked men," who 
have won laurels on the battle field. They have met (per agreement) to 
exercise their feats in the race or ancient games; the prize being, perhaps, 
two or three horses, a rifle, or a war-club; the old warriors and chiefs of 
each village looking on as judges. Often these feats of rivalry at the 
games take place. A challenge from one village is sent to the next. 
Great interest is manifested on these occasions, and the same ambitious 
emulation for rivalry is exhibited in these 'children of nature' as among 
those who plav their part beneath gilded domes of the city; and I doubt 
not the young Sac warrior wears* his laurels as proudly as ever did the 
gladiators of ancient Rome. 

" The Sacs and Foxes speak the Algonquin language. This language 
is still spoken by the Chippewas, Pottawatamies, Ottawas, and several 
other tribes. It is soft and musical in comparison with the harsh guttural 
Narcoutah of the Sioux, which is peculiar to themselves, having but little 
affinitv to the Algonquin tongue. Their ideas of futurity are somewhat 
vague and indefinite. The}' believe in the existence of a supreme Manitou, 
or Good Spirit,. and a Malcha Manitou or Evil Spirit. They often invoked 
the favor of the good Manitou for success in war and the hunt, bv various 
sacrifices and offerings. Storm and thunder they view as manifestations 
of his wrath; and success in war, the hunt, or in deliverance from enemies, 
of his favor and love. Everything of great power or efficacy, or that is 
inexplicable, is a 'great medicine;' and the medicine men and prophets are 
next in consideration to the chiefs. At the decease of their friends, they 
paint their faces black, and the time' of mourning is governed by the 
affinity of the kindred. Their ideas of the condition of the departed 
spirits, and the ceremony of burial, may be deemed interesting. Often, 
in perambulating their deserted villages, has my attention been arrested 
in gazing through the bleached and mutilated slabs, made to protect the 
dust of a noted chief or 'brave,' who is frequently placed in a sitting pos- 
ture, his gun and his war-club placed by his side, moccasins upon his feet, 
his blanket (or remnants thereof) wrapped around his body, his beads and 
wampum suspended to his neck, where he sits 'like a warrior taking his 
rest,' in his silent sleep of death. 

The Sacs and Foxes frequently visit the towns on the river— Burling- 
ton, Madison, &c. The dress of the males generally consists of leggins, 
sitting closely from the loins to the ankles, usually of smoke-tanned deer- 



HISTORY OF JOHNSON COUNTY. 295 

skin, and often of blue, and sometimes of red cloth, trimmed with fringe 
and beads in a variety of fantastic forms. They wear a white, and fre- 
quently a scarlet-colored blanket, thrown loosely over the shoulders. 
Their moccasins are of deerskin, often trimmed with extreme taste with 
beads and porcupine quills. Their headdress is of various fashions, and 
frequently indescribable. A chief or warrior's headdress consists of a pro- 
fusion of scarlet-colored hair and lon^ black beards of the wild turkey, 
connected to the scalp-lock, and, not unfrequently, a silver band, or a 
richly-beaded turban. Their ears are strung with rings and trinkets, their 
arms with bracelets of brass, tin, silver, and steel, and their necks are often 
strung with a profusion of wampum. A tolerably correct idea may be 
formed of the riches and a/5/cof a young Indian by the number of strings 
of wampum around his neck. This may be considered as their "lawful 
tender," as no treaty was ever formed, or pipe of friendship smoked, 
between ditTerent Indian tribes, without an exchange of wampum. 

The Sacs and Foxes have various dances, and they evince a remarka- 
ble fondness in exhibiting themselves. They have the war dance, the 
council-dance, the feast-dance, the dog-dance, and the beggars' dance. 
The people in the large towns of Iowa have learned what the beggars' 
dance is, long since. Many of the dances and testivities at their villages, 
as did the dances of olden time, have a religious character. Previous to 
going to war, and particularly on their return, laden with the trophies of 
victory and the scalps of their enemies, their dances and revelry are kept 
up for several days in succession. They have a grand dog-feast; dogs 
are held in much reverence by them, and on the occasion of a feast, a por- 
tion is always consecrated as "medicine." Having visited their villages 
in June last, I was astonished to observe several dogs recentl}^ killed, and 
suspended to different trees; upon inquir}-, I was informed that they had a 
"dog-feast" on the occasion of their leaving their country to fight the 
Sioux. For every dog they eat, another was suspended to a tree as a pro- 
pitiation or sacrifice for some mysterious charm or luck. Upon going to 
war, their medicine bags are carefully worn about their persons, and bet- 
ter had the Sac warrior be without his gun or his bow, facing his enemy, 
than that any mishap should deprive him of the magic potency of his medi- 
cine bag. No Indians exult more than the Sacs and Foxes in a triumphant 
skirmish with their enemies, and none more proudly exhibit their blood}' 
trophies. They frequently have several scalps suspended on a spear, or 
connected with" their dress. As an evidence of the value they set upon 
these emblems of merciless victor}^, I will relate an incident of my attempt 
to get one of a veteran Sac brave. While writing these pages, 1 had wit- 
nessed him several days passing my window on a little pony, proudly wav- 
ing his bouquet of scalps, connected with beads, ribbons, and eagles' feath- 
ers, and tied with a rattlesnake skin upon a spear. Having a desire to 
obtain one, and after three days' unsuccessful egociation, ofiering him 
money, calico, beads, powder, and tobacco, he declined selling it for one 
box, (i. e., 1,000 dollars.) 

They place great reliance in dreams; and the intrepid warrior who 
awakes in the morning from a night of troublesome dreams, is dejected 
and melancholy. Sometimes they imagine that an evil spirit or sorcerer 
has inflicted a spell, after the manner of the witches of former times. I 
think it was last year that Keokuk had an aged squavv killed because she 
had bewitched or inflicted a spell upon some of his children. 

As a nation, the Sacs and Foxes are a noble looking race. They are 



296 HISTORY OF JOHNSON COUNTY. 

generally erect, of fine forms, with few, if any instances of decrepitude 
and deformity. The feeble infants scarcely survive the threshold of exist- 
ence. Hence, as Volney says, 'Nature cries to them, be strong, or die.' 
In their walks and marches across the country, one is generally behind the 
other, m what is termed Indian file: hence, the frequent 'Indian trails' 
that stretch across our wide prairies, which are sure to lead the traveler 
to a good ford, or the site of a former village. 

The Indian character is full of interest; and although much has been 
said and written, still a wide and ample field remains of interesting 
research and speculation. Some have maintained that the savage state 
is the only natural state of man, and in no other state can he be happy. 
Such were the felicitous dreams of Rousseau and Chateaubriand. Vol- 
ney's description has less of the ideal, and more of the acute and discrim- 
inating observation. Mr. Flint, and many modern writers, speak of them 
as a gloom}^, unjoyous race, with little or no susceptibility to the common 
impulses or afi'ections of life. That they do not so readily sympathize with 
external objects, I admit; but that the deep emotions of the inner man 
will often break forth, not only in fiendish passion, but in the elastic gaiety 
of joyous revelr}-, I have often witnessed, particularly in the pastimes and 
the sports of their villages, the outbreakings of unrestrained mirth in the 
dance, the race, and the games, showing conclusiveh . feelings susceptible 
of joyous excitement. Certain it is, the Indian in his intercourse with the 
whites assumes an afi'ected reserve, generally musing, frequentl}' stern 
and unsocial. He will not talk English, (even if he understands it,) and if 
his admiration is excited by the innovations of the whites, his pride 
conceals the emotion. There are some exceptions to this taciturn 
mood, particularly on seeing a steamboat, which excites great wonder, 
and in their opinion a great 'medicine man' must have been the projector. 
The Sacs and Foxes call a steamboat scoticheman, i. e., fire-canoe. But 
with all their bravery and exposure to death in a thousand forms, I have 
often been amused to see their courage falter from the 'sticking point,' 
and the scene has been most ludicrous — young Indians, and old veteran 
warriors, and all, scamper for dear life when one of our Mississippi boats 
is in the act of 'letting off' steam;' the hissing noise appearing to strike 
more terror than the savage yell of a thousand conquering foes. 

It is amusing to observe that, widely as the savage character differs 
from the civilized, their ideas of brave and great assimilate nearly with 
our own. In meeting a party of Indians crossing our prairies, or at their 
villages, their first salution in accosting the traveler is " How-de-do? Me 
big cap-a-tain." Thev are all "big cap-a tains," or would fain make you 
think so. Bravery and daring command the first place in their homage; 
and their whole training, from the dawn of their existence to the latest 
hour of their life, inculcates this principle. But their military prowess 
consists in fiendish revenge and blood-thirsty cruelty, and the laurels 
most triumphantly crown him who dexterously wields the tomahawk and 
scalping-knife. 

Capt. F. M. Irish wrote some reminiscences of the early da3's in John- 
son county, for the magazine called Annals of Iowa, which was pub- 
lished quarterly by the State Historical Societ}- for a number of years. 
Capt. Irish's sketches appeared in 1868; and of our Johnson county 
Indians he said: 

Up to this time (1837) the red man had held undisputed possession of 



HISTORY OF JOHNSON COUNTY. 297 

this beautiful region. A number of Indian towns were located upon the 
Iowa river, within what are now the limits of the count\^; the larjrest of 
them was about two miles below Iowa Cit}- on the Clark farm, now 
owned by Jas. McCallester, and contained about one thousand of the 
Musquaka or Fox Indians, governed by Poweshiek, an Indian of fair abil- 
ity and rather amiable disposition for a savage. The county of Powe- 
shiek was named at"ter him. The war chief of this tribe was Kish-ke- 
kosh, of whom nothing very favorable can be said. These natives were 
generally well-disposed towards their white neighbors, and save when 
under the influence of whisky seldom gave any trouble. Their grave- 
yards were near their towns, and they evinced great solicitude for the 
remains of their dead. 

Thirty years ago [from 1868] bands of Indians might be seen every year 
leaving these towns upon their annual hunt, armed, their ponies laden 
witli mats for tenting, and followed by squads of squaws, whose duty was 
to drive the beasts, pitch the tents and cook the food when their lords had 
luck in the chase. And again at another season parties could be seen 
starting out, their ponies laden with deer and elk skins, moccasins and 
ornamental work prepared in the manner peculiar to these j-)eople, bound 
'to some trading-post to exchange their commodities for food, trinkets and 
money. And yet again another party, consisting of squaws and children, 
the latter slung in baskets on either side of the pony, while the mother is 
perched on his back, each spring took its way by well-worn trail to their 
corn patches, where with heavy iron hoes they prepared the ground for 
planting corn and beans. Upon those three resources, the chase, trade • 
and a rude agriculture, the Indian depended for his subsistence. And yet 
with all his exertions he frequently found himself destitute, although lie 
thought he availed himself of every advantage the country was capable of 
presenting. 

In Hon. Henry Felkner's contribution to this history, in another place, 
will be found a graphic account of "An Indian Battle," and some other 
reminiscences of our Johnson county Indian folk. 

BRYAN DENNIs' SCARE. 

Bryan Dennis relates that when he first came to this county he went to 
Miller's ferry, at the old Napoleon town-site, and wanted to get across 
that night, it being then near dusk. The ferry keepers lived on the west 
side, but had a tin horn hung up on the east side of the river for people to 
blow when they wanted the ferry. He blowed lustily with the horn, but 
couldn't make the ferryman hear, for there was a stitf wind blowing from 
the west which blew the sound all in the opposite direction. After trying 
in vain a long time he concluded to lie there in the bushes on the river 
bank all night, and try the ferry -horn again in the morning. Shortly after 
dark he heard strange noises and saw a great light only a few rods away, 
and on getting up where he could see more plainly he beheld a group of 
"bloody In-ji-ins," performing as he supposed their frighful scalp dance, 
getting ready to pounce down there and lift his hair. He felt the cold 
chills run over him and each particular hair began to stand out straight, 
for he knew little about Indians except the current stories about their 



29S HISTORY OF JOHNSON COUNTY. 

tomahawk and scalping-knife bloodthirstiness. However, he hid himself 
in the brush; they did not find him, and the next day he got across the 
river and reached his destination with a whole skin. 

Without doubt the Indians looked hideous and frightful enough in their 
wild and frantic gesticulations as seen by the lurid light of a circle of fire; 
and it is no wonder that the young man, a total stranger and totally alone, 
falling upon such an unexpected scene should have been considerably 
frightened. O, you needn't laugh! YoiCd have been scared, too! But the 
real fact was, the Indians had moved away long before this; and a band 
of them now happening to be out on some trip up or down the river, had 
stopped at the site of their former village ( Wapashashiek's town) to per- 
form their grotesque funeral dance around the graves of their dead rela- 
tives left behind when they were compelled to move further west, in the 
spring of 1838. Their performance that night was the wail and howl of 
graveyard lamentation and frantic invocation of the spirits of their ances- 
tors, instead of the demoniac revelry of scalps. 

INDIAN JUSTICE. 

Col. Trowbridge relates the following incident illustrating Poweshiek's 
strong sense of justice and strong rule over his village: 

One summer a horse had strayed or been stolen from a remote neigh- 
borhood. The owner follows his trail into the neighborhood of Indian 
villages, calls upon the settlers in the vicinity of the villages, but can get 
no further clue to it. He suspects that it is in possession of the Indians. 
Calls upon Poweshiek early in the morning, and through an interpreter 
states his case. The chief knows nothing of it, but will investigate it. 
Ininicdiatcly he issues an order, which is spread with great rapidity, that 
no man or person shall leave the village until further ordered. Not a soul 
dared to, or did go. The owner describes his beast; is sent through the 
camp wath an escort,. in search of it; finds and points it out very readily. 
The Indian owner is examined — i. e., the avowed owner — but can give no 
satisfactory explanation of his ow_^nership. The horse is passed over to 
the white man, and the Indian made to pa}- him liberally for his trouble 
and expense in hunting him, which is assessed upon his annuity from the 
government. The owner is thereupon dismissed satisfied, and the thief is 
now taken in hand by the chief and punished for his dishonesty. 

WHITE hawk's band. 

Mr. Jacob Ricord, postmaster of Iowa City, furnishes the following 
interesting sketch of early incidents on Old Man's Creek. The place 
spoken of would have been about three miles west of the present county 
line, over in the border of Iowa county. The Ricord brothers were 
Edward, Elisha and Jacob — all at that time green young men. This was 
early in 1840. 

The first settlers on Old Man's creek, where it crossed the western boun- 
dary of what was then called the " New purchase," found residing on 
the land a band of Fox Indians They were the band of the chiefs named 
White Hawk and Cocohic. They called on the Ricord boys in all the 



HISTORY OF JOHNSON COUNTY. 299 

pomp of paint and feathers and acrimoniously informed them that they 
knew their band was still living on the white man's land, but that all the 
game there belonged to them anyway, and they wanted to stay there until 
the next spring, so they could take their game from there; but that they, 
"the Ricords," might have all the deer the}' could shoot themselves, for 
they did not think the Ricords were " much old hunters^ White Hawk 
informed them that they were not the first white men who had come to 
live on Old Man's creek, and said, as near as they could understand, that 
on a time, about the fall of 1836, Cocohic's young men had found a white 
man on the prairie of Old Man's creek, and he was sick, nearly destitute 
of clothing, and entirely unable to proceed on his journey. 

White Hawk was informed about it, and he went out with his men and 
brought the white man to his camp, and gave him shelter, food and cloth- 
ing. He was sick and unable to leave the Indian camp until the middle 
of winter. 

He remained until spring, and one day White Hawk said: My white 
brother has a cloud on his brow. I am going down to a new trading 
house, built by some white man on the bank of Iowa river, and you may 
go along and ride one of my ponies. The offer was eagerly accepted, and 
the Indians left him at the trading-house. 

In the summer of 1843 there came to the Ricord house a white man 
inquiring for White Hawk's band of Indians. His name was Jeremiah 
Hawkins, and he was the man whom White Hawk had treated so kindly. 
On being asked by what misfortune he came on the prairie, his informa- 
tion was given in a few words: He said that he and two other men had 
been up on the Missouri river trapping, and while coming down the river 
on a raft constructed to carry the three men and their traps, they encoun- 
tered a storm which broke the raft, but they reached shore before it went 
to pieces, and they saved one gun and some ammunition. Hawkins had 
a pocket compass, and thus equipped, they attempted to cross the territory 
to the Mississippi, for they knew there were white settlements there. 

Everything went well until they encountered the prairie fires. Hawkins 
kept his course eastward, and there arose a disagreement about the course 
they were taking. First, the man with the gun left, then the second man 
lagged behind, and Hawkins never saw him again. He said, when the 
Indians found him, he was " entirely done for," and that he could not have 
been treated more kindly at his father's house than he was by the Indians, 
and he was going to see White Hawk and pay him for his kindness, and 
stay two or three weeks with him, before the Indians left for the west. 



300 HISTORY OF JOHNSON COUNTY. 

CHAPTER IV.— PART 2. 



SUNDRY FIRST THINGS. 

The First Trading House— First Settlers— First Ba-bies — First Wedding— First Deaths- 
First Doctors— First 4th of July — First Hotel and Other Buildings in Iowa City — First 
Mill Dams, 

THE OLD TRADING HOUSES. 

The first trading house within the bounds of Johnson county stood on 
the northeast quarter of section 10, in Pleasant Valley township, on the 
bank of the Iowa river, just below the mouth of Snyder creek, [originally 
called Gilbert creek], on land now owned by James Stevens. This trad- 
ing post was established by the American Fur Company about 1830, or 
before the Black Hawk war; and John Gilbert was their agent in charge. 
The buildings consisted of the storehouse proper, and sundr}- outside cribs 
for storage of produce, surplus goods, etc. ; and a stockade enclosure for 
protection of the stock from wolves and other depredators by night. As 
recently as 1880, Mr. Stevens filled up the old cellar of this first trading 
house, and evidences of it were still visible this year, 1882, although it is 
now all plowed over and into crop. A little way south of this, or at the 
lower border of the field, is a raised ring of earth, very much like the ring 
that remains after a circus has been in town. This old ring was used by 
the Indians in performing their sacred fire-dance. The}^ would build a 
livel}' fire all around the outer edge of the ring, then the chosen ones would 
jump through the flames into the ring, and there perform the dance, with 
all the accompaniments of gesture and song that formed their uncouth 
worship and sacred mysteries. 

Trading House No. 2. — In 1837, Mr. Gilbert had got so well acquainted 
with the Indians, and was on such friendly terms with them, that he 
thought he could do better for himself to trade on his own hook than to 
play second fiddle any longer, as merely a clerk or agent for the Fur 
Company. So he selected a place on what is now the southeast quarter 
of the southwest quarter of section 35, township 79, range 6, and engaged 
S. C. Trowbridge and Henry Felkner to build him a trading house there. 
These men cut and dressed the logs and got Wm. Duvall and Thomas 
Bradley, with their oxen to haul them up to the place, and they erected 
the house — two 20x20 log cabins, with an interspace of twenty feet between 
them, which was also roofed over. This was in 1837, and here Gilbert 
wen to trading, but died soon after — and it was in this house that the 
first district court was held. The house stood in what is now [1882] 
'Squire David B. Cox's corn-field, just across the road east from his house 
— his residence, barn, stock-yards, orchard, etc., being on the very ground 
where Poweshiek's Indian village stood at the time this new trading house 
was built. [See diagram on page 207.] 

Tradinsr House No. ?. — When Gilbert resigned his agency for the 



HISTORY OF JOHNSON COUNTY. 301 

American Fur Company they immediately sent on another man, named 
Chase, to look after their business. And, as Gilbert had established him- 
self close up to Poweshiek's town, with Wapashashiek's town only about 
a mile further up the river. Chase thoui^ht he must get close enough 
to watch Gilbert and try to secure at least a part of the trade. So he 
selected a site less than half a mile south of Gilbert's, built a trading house 
there, and moved the Fur Company's business up to it. This was famil- 
iarly called "Chase's trading house," because Chase was the trader, although 
the Fur Company built, owned and operated it. It stood on the north- 
east quarter of the northwest quarter of section 2, township 7S, range f>, 
which is in now Pleasant Valley township, while the Gilbert site is in Lucas 
township; and it also was composed of two twenty-foot cabins, with a 
twenty -foot interspace. This served as a tavern when Judge WiUiams 
held the first term of district court ever held in Johnson county — and it 
was here that the Judge pla3^ed the fiddle for "//^c said ^r/soficf" Gregg, 
to dance a jig, an incident which the Judge has been a little ashamed of 
ever since, while "the old boys" who were there have always thought it 
too good a joke not to tell. 

Some writers of Johnson county history have talked about the " Phelps 
trading house," as if there had been another one by that name. But that 
happens in this way: A man named Sumner Phelps, brother-in-law to 
Wheten Chase, was a member of the " American Fur Company," so-called* 
and spent most of his time in going around from one trading post to another 
to see how the local agents were doing; what goods they were in need ofj 
etc. Mr. Phelps came to Chase's at regular times on his round of posts, and 
so some folks called it " Phelps' trading house;" but Chase was there all 
the time; was the responsible agent in charge; he didn't own the house; 
neither did Phelps, except as one of a company. Chase did the trading- 
there, and it was commonly called and known by the name of Chase's or 
the Chase trading house. 

Their furs, peltries, etc., were mostly sent down the river in canoes, flat- 
boats, or keel-boats, to the great fur-trading house of Chouteau, Laclede 
& Co., at St.Louis. Goods suitable for the Indian and frontier trade were 
returned by keel-boats, which would be towed by some steamboat as far 
up the Mississippi as the mouth of the Iowa river, then be poled and 
tow-lined by men, up to the trading houses. 

WHO CAME FIRST .^ 

The first " settlers" in Johnson county came from Elkhart county, Indiana. 
In the fall of 1836 Philip Clark, Eli Myers and S. C. Trowbridge, all 
young men, started from Elkhart county on horseback, going " out 
west " to grow up with the country. At South Bend, Trowbridge fell 
sick and finally had to go back home for the winter. Clark and Myers 
pushed on. They traveled on horseback through lUinois to Rock Island 
{then Stephenson's landing), where they met with Mr. John Gilbert, 



302 HISTORY OF JOHNSON COUNTY. 

who, learning that they sought a location, told them that he was 
an Indian trader from the Iowa river, and that if they would accom- 
pany him he would show them a country that had all the advantages they 
could desire. They accepted his invitation, and found Mr. Gilhert's trad- 
ing house located in what is now Pleasant Valley township. Mr. Myer's 
claim, made at that time, now constitutes the farm bearing his name, while 
that of Mr. Clark is now known as the Morford or Birge farm. The next 
step of these pioneers was to erect a " claim cabin." This means that 
they laid four sticks up cabin wise, making an enclosure large enough to 
sleep inside of; and drove a few sticks in the ground to swear by that they 
had "staked their claim." This, remember, was late in the year 1836 
Mr. Gilbert pi'omised to protect their claims until the next spring, so they, 
went back to Elkhart and reported progress. Their glowing accounts of 
the splendid new country started an "Iowa fever" in their locality, audit 
spread wide. 

Myers and Clark both returned in the early spring of 1837, with their 
teams and plows, and accompanied by neighbors, did some breaking, and 
" chopped in " sod corn, potatoes, squashes and pumpkins, that is, chopped 
a gash thiough the sod with an ax and dropped the seed in there. That 
was the way mostl}' of planting the first crop — though of course some- 
times it would be dropped down between the sod; but here the birds and 
gophers were more apt to find it. 

The order of earliest arrivals in 1837 was as follows: 

Early in May — Eli Myers, Philip Clark, Samuel Waller, James 
Walker, Wm. Wilson and Eli Summy. 

Later in same month came Henry Felkner, S. C. Trowbridge, Pleasant 
Harris and his nephew, Wm. Massey, the latter having his wife along,, 
who was sister to the Judge's daughter-in-law, Mrs. Jonathan Harris, and 
likewise to the Hamilton brothers, all of whom came later. 

Trowbridge had started from Elkhart about the same time the rest 
did. He and three other young men, George Bumgardner, David Darr 
and Peter Corey, had rigged up a two- horse spring wagon with roll 
up curtains, to frisk around and see the country. The}' entered Iowa at 
Burlington, and then visited Mount Pleasant, which was a village, and 
also drove through Van Buren, Jeft'erson, Louisa and Washington coun- 
ties, before coming to Johnson. Three members of this company dropped 
out at different places, and Trowbridge only came to Johnson county; 
however, Bumgardner came later, and died here. 

June — During this month the arrivals were: Wm. Sturgis, George 
W. Hawkins, whose wife horned the first white baby in the county — a 
girl; Jacob Earhart, whose wife horned the first white hoy baby in the 
county — but it was the second birth; John and Henry Earhart; John A. 
Cain, brother-in-law to the Earharts, and whose wife, their sister, bore the 
fourth child born in the county — a daughter — (or possibly the third, as the 



HISTORY OF JOHNSON COUNTY. 303 

exact day could not be ascertained, but it was near about the same time 
that Pleasant Harris' son Loren was born); and S. B. MulhoUand. 

July — No new arrivals are reported in this month exxept Wm. Devall 
and Thomas Bradley. Devall staid several years, but Bradley left the 
same fall, going farther west. 

August^w^^^ Harris had gone back east, but returned this month 
with his wife and famil}^ and was also accompanied this time by his son 
Jonathan Harris, wife and child, and his son-in-law, Isaac N. Lesh and 
wife. Joseph Walker, brother to the two Walkers, who came in May, 
arrived during this month, Samuel Bumgardner, one of Trowbridge's 
traveling companions, also came; and likewise Andrew D. Stephen. 

Later in the season there came John Trout, E. Hilton, and a man named 
Schrick, scattering along. The latter lived with the Walker brothers; he 
soon took sick and died — and is supposed to have been the first white 
man who died in Johnson county. The foregoing comprises all who came 
to the county in 1837. Samuel H. McCrory has been published as arriv- 
ing in August of this year, but he did not come until March, 1838. 

FIRST WHITE CHILD BORN IN THE COUNTY. 

In nearly every county it happens that there are different claimants to 
this distinction, and differences of opinion about it among old settlers. 
This historian once had live different names presented to him as the first 
child born in a certain township, the reports being made by seven differ- 
ent persons; on two of the children two agreed, while on three of them 
no two agreed. This occurred in Montgomery county, Iowa. In the 
same county, nine different weddings were reported as the ''first wedding" 
in Walnut township. We mention these facts to show how difficult it is 
to get accurate information as to names, dates, etc., merely from old peo- 
ple's recollection, and how much patient, persevering and candid inquiry 
must be made before it is safe to write down in history anything positive 
or definite upon these disputed matters. 

We have found six children claimed by different old people to have 
been the first white child born in Johnson county. After five months of 
diligent inquiry, the following appear to be the most reliable facts that 
can be gathered on this subject: 

''First Baby,'' No. /.—In 1836-37 an Indian chief named 
Totokonock, who was prophet to the great war chief Black Hawk, had 
a village of 500 or 600 Indians, near where Charles Fernstrom now lives, 
in Fremont township. Near this place George W. Hawkins had settled 
early in July, 3 837; and in the latter part of August of that year Mrs. 
Hawkins gave birth to a daughter. This child was afterward known as 
Lucinda Hawkins. She always claimed to have been the first white 
child born in the county, and once tried to have the Old Settlers' Associa- 
tion formally endorse her claim to this distinction; but the old people 
were not agreed upon it, and so nothing was done. 



304 HISTORY OF JOHNSON COUNTY. 

'■'•First Bahy^'' No. ^.— At the same time that George Haw- 
kins came to the county, also came John A. Cain, the three Earhart 
brothers — John, Henry and Jacob — Wm. Sturgis, and S. B. Mulholland. 
They arrived at the trading-house on the 30th or 31st day of June, and 
from there went out to take their pick of land, stake off" claims, build cab- 
ins, etc. Jacob Earhart, with Nanc}^ his wife, settled on what is now 
section 22 in Liberty township; and here, on Sept. 3, 1837, Mrs. Earhart 
gave birth to a son, who was afterward known as Lewis Earhart. Henry 
Earhart was then a 3'oung man, and remembers that he was sent to get 
Mrs. Judge Harris to come and be with his sister-in-law durmg her confine- 
ment, as there was no doctor in the county 3'et, but Mrs. Harris was so 
heavy with child herself that she could not go. He then went to Jona- 
than Harris' house, and found Mrs. Jonathan Harris Sjiee Sybil Hamilton] 
and Mrs. Wm. Massey \iice Betsy Ann Hamilton] there, who both went 
at once to Mrs. Earhart's; but the baby was born before thej^ arrived. 
Jacob Earhart, the father of this child, went to California during the 
"gold fever " of 1849-50-51-52, and died at Sacramento in 1S,")2 or '53. 

Shortly after his father's death this boy, Lewis Earhart, went to Indi- 
ana to live with relatives there — and that is why so little has been known 
about him as the first white boy baby born in Johnson county. 

'■'■Kirst Baby'''' No. j. — In May, 1837, Pleasant Harris came and made 
a claim, which is still known as the Harris farm, in Libert}^ township. He 
went back east for his family, and returned in August, accompanied by 
his wife, Hannah, and younger children, and also by his son Jonathan 
Harris and Sybil Hamilton, his wife; and his son-in-law, Isaac N. Lesh 
and wife. Jonathan Harris took a claim adjoining his father's, but after- 
ward sold it; and it is now [1882] known as the Switzer farm, in Liberty 
township. Mrs. Jonathan Harris was a sister to James and Hezekiah 
Hamilton, now (1882) of Clear Creek township, The two Harris families 
and the Lesh family having arrived in August, lived awhile in their 
wagons, until cabins could be prepared for them. And on the 27th day 
of September, (a little over three weeks after Mrs. Earhart's baby was 
born,) Mrs. Judge Harris gave birdi to a son. There happened to be a 
doctor named Purinton then at the trading house, so he was called to 
attend her, and was taken across the river in a canoe. The son born at 
this time to Judge Pleasant Harris and his wife, Hannah, has since been 
known as Loren W. Harris, and is supposed to reside near Frank Pierce 
post office, in Washington township. 

''First Baby;' No. ^.— Early in 1837, John Gilbert, the old trader, 
emploved Jonas M. Higley to survey and lay out a town site opposite the 
mouth of English river — just about where the town of River Junction 
now lies, in Fremont township. This was in fact the first town site laid 
out in Johnson county, and was called See-pee-nah-mo. John A. Cain 
settled here in July, 1837, his wife being a sister to the three Earhart boys; 



HISTORY OF JOHNSON COUNTY. 3Q5 

and in the latter part of September, Mrs. Cain gave birth to a daujrhter, 
Elizabeth ; but as the family had long since moved away, the exact date 
of this birth could not be ascertained; and whether it was a day or two 
before or after the birth. of Mrs. Judge Harris' baby, remains unsettled. 

The four foregoing "first babies" were all born within the space of 
about five weeks, and it was a great matter throughout the settlement 
that so many children were born among the newcomers in so short a time 
after their arrival. It shows that they were i\\\ gvod people, and obeyed the 
Scriptures, especially that part where it says, "Multiply and replenish the 
earth." These interesting events proved that they had good populating 
qualities. But the fact of main interest just now is, that each one of these 
four children (besides two others) has been claimed and reported as the 
first white child born in Johnson county. We therefore tabulate the mat- 
ter in accordance with the above narratives, thus: 

lYo. I. — Lucinda Hawkins, born late in Agust, 1837, on section 12 in 
Fremont township, daughter of George W. Hawkins. 

IVo. 2. — Lewis Earhart, born September 3, 1837, on section 22 in Lib- 
erty township, son of Jacob and Nancy Earhart. 

JVo. j.—Lioren W. Harris, son of Judge Pleasant Harris and Hannah, 
his wife, born September 27, 1837, on section 22 in Liberty township. 

JVo. /f.. — Elizabeth Cain, daughter of John A. Cain (whose wife was a 
sister to the Earhart brothers), born late in September, 1837, supposed on 
section 16 in Liberty township. 

'■'■First Baby'' Number 5. — It was reported, and believed by some old 
settlers, that Mrs. Jonathan Harris was mother of the first baby born in 
the county; but she had a nursing babe eight months old when she arrived, 
and this "imported" little sucker evidently got mixed up with the "native 
stock" in the minds of some of the old folks. Some of them have all these 
years been mistakenly crediting Mrs. Judge Harris' baby to her daugh- 
ter-in-law. 

'■'■First Baby''' Number 6. — In addition to these children, born in 1837, 
we found one that was born in 1838, also being supposed by some to have 
been "the first;" hence we give particulars of the case as it really was. 

Early in the summer of 1838, Patrick Smith moved into the claim cabin 
which stood on the bank of the Iowa river, in the town site of Napoleon, 
the first county seat. Mrs. Smith was sister to Philip Clark, and she 
gave birth to a daughter some time in August, 1838, in that cabin. It is 
remembered that her delivery was lingering and tedious; that she lay in 
great sufiering about two days: Mr. Trowbridge had got onto his horse 
and started to Bloomington [Muscatine] for a doctor, but was called back 
by the news that the child was born. Some Indian women of Wapasha- 
sheik's village had heard of the " white squaw's" condition, and immedi- 
ately gathered wild herbs or roots from which they made a decoction and 
gave her to drink; and in a few minutes thereafter she was safely 



306 HISTORY OF JOHNSON COUNTY. 

delivered. When Trowbridge was going to the stock range to catch his 
horse he met some of the Indian men and told them why he must hurry 
and get his horse and ride to Bloomington for a doctor; they told their 
midwife women about it — and the result was as above stated. 

THE FIRST WEDDING. 

This interesting and historic event occurred Aug. 17, 1838. Johnson 
county was still attached to Cedar for civil purposes, and " the boys " 
went over to Rochester, then the county seat of Cedar county, and procured 
George McCoy, a justice of the peace, to come and tie the double knot — 
for there were two weddings at once. He came to the house of Mr. 
Joseph Stover, in what is now Pleasant Valley township, and there at one 
job he married Benjamin Ritter to Miss Mary Stover, and Martin Smith to 
Miss Martha McLucas. Wilson Smith, a son of this last couple, now 
lives in Pleasant Valley township, on the very farm where his father and 
mother were married. So, although he was not the first boy born in the 
county, he was a son of the first wedding in the county. 

Benjamin Ritter is still Hving, and resides in Iowa City. 

FIRST DEATHS. 

The first death and burial in Iowa City, was that of a little girl, and her 
grave-stone may still be read in the old or south part of Oakland ceme- 
ter}'. The inscription is: "Dedicated to the memory of Cordelia Swan, 
daughter of Chauncey and Dolly Swan, who died September 19, 1839, 
aged five years, four months, and 26 days." Mrs. Swan, the mother of 
this little girl, died February 11, 1847, a. id lies buried beside her child. 

The first adult burial here was that of Samuel Bumgardner, who died 

of typhoid fever, November 5, 1839, and was buried at the same place, 

where his monument can still be seen. He was from Rockbridge county, 

Virginia. 

Tha Jirst death of an adult was that of Benjamin Miller, the man who 

started the first ferry in Johnson county. He took the claim where Jacob 

Stover now lives, near the county fair ground, and died there, October 

26, 1839, aged 16 vears, eight months, one day. He was buried on land 

where H. W. Lathrop now fives, but the body was afterward removed 

to Oakland cemetery, in the city. 

FIRST CORONER CASES. 

The first cases on record in which a coroner's jury was empaneled, are 
mentioned Oct. 5, 1841. I. P. Hamilton filed a claim for services of him- 
self and others in holding an inquest on the body of Louis E. Hartz; but 
the board decided that Hartz had property enough to pay all his debts 
and funeral expenses, and hence the county would not pay any coroner 
tees. 

The next case was on the body of John Cain, deceased. The board 
decided that the cause and manner of Mr. Cain's death was well known, 



HISTORY OF JOHNSON COUNTY. 307 

and there was no need of a coroner's inquest. So they refused to pay 
this bill also. But the next day October 6, it is recorded that the coroner 
was allowed $10 for his services in the case of John Cain, deceased. 

FIRST DOCTORS. 

The first doctor in the county was old Dr. Teeples, who lived on Enc-- 
lish river, in that part of the original Johnson county which was after- 
ward given to Washington county. Dr. Isaac N. Lesh ought to have 
been the first, but he wasn't a doctor at all, although the title is repeatedly 
given him on the county records. He had " read medicine" awhile with 
some physician east, but didn't like the business and never considered 
himself a doctor. A Dr. Morrow came next, and bou<j^ht the Bumirard- 
ner claim, next to Capt. Irish's; he batched with S. H. McCrory awhile, 
but soon went down to Muscatine county, was elected clerk of the court, 
and ultimately died there. Dr. Henr}'- Murray was really the first regu- 
lar practicing physician who came and made a permanent settlement in 
the county. And Isaiah P. Hamilton, who was the first county recorder, 
and made the first record of a deed that was ever made in the county, 
afterward studied medicine with Dr. Murray, and finally removed to Wis- 
consin. 

THE FIRST 4th OF JULY. 

The "glorious 4th" was first celebrated at Gilbert's tradin<£-house 
on July 4, 1837, consisting of free liquor and a "glorious drunk" all around. 
The new trading house (Gilbert's) had just opened for business. Henry 
Felkner had brought three barrels of whisky up from Muscatine for Gil- 
bert, and it was his treat for all hands. The order of exercises was that 
every man should take his turn between drinks and make a speech, tell a 
story or sing a song; and as there were thirteen or fourteen men present 
they got a good deal [of Bacchanalian fun out of the "celebration." But 
the three barrels of whisky didn't all go that way. Gilbert had built his 
trading-house just over the then existing treaty line, on the Indians' land; 
and to compensate and satisfy them for this he gave them two barrels of 
whisky, which kept up "4th of July" in the two Indian villages for sev- 
eral weeks. Old Poweshiek loved whisky and was as bad as a white 
man for drunkenness; but Wapashashiek kept sober, and discountenanced 
the use of liquor as much as possible among the men of his village. 

The next and more historic 4th of July celebration occurred on the 
ground where the State University now stands, on July 4, 1839. The 
new capitol commissioners, who met at Napoleon in May and decided on 
the location for the capital city, had appointed one of their number, Chaun- 
cey Swan, Esq., to go on and lay out the town. He employed Col. Thomas 
Cox and Gen. John Frierson as surveyors, and L. Judson as draftsman, 
besides a corps of assistants and laborers to prosecute the work. By the 
4th of July they had made a clearing of hazel brush and small trees, and 
set their corner stakes as far as the spot where the -capitol building was 



308 HISTORY OF JOHNSON COUNTY. 

to be located. And here was the time and the occasion for a grand 
pioneer 4th of Jul}^ jubilee. The officers of the day were: 

President — Col. Thomas Cox. 

Marshal — Sheriff's. C. Trowbridge. 

Secretary — Postmaster S, H. McCrory. 

Orator — Gen. John Frierson. 

Reader of Declaration — (not ascertained). 

B}^ direction of Commissioner Swan a tall straight oak tree was trimmed 
of its branches and made to do duty as a flag pole; and here was proba- 
bly the first time the stars and stripes were ever unfurled to the air of 
Johnson county. 

Jonathan Harris was then keeping tavern in the old Gilbert trading 
house, about four miles down the river, and the fresh cooked part of the 
dinner was prepared there and hauled up, although the neighbors for fif- 
teen or twenty miles around brought baskets of provisions with them. 
Wagon boxes were lifted ofi' their wheels and turned bottom upward to 
serve as pic-nic tables. After dinner regular and volunteer toasts were 
ofiered and responded to in the most approved "down east" 4th of July 
fashion. 

At proper time Col. Trowbridge and two lads, named Sihon and James 
Hill, pulled a wagon into a good shade for the orator to stand in, and laid 
a board across the wagon box for him to lay his manuscript on — a sort of 
improvised pulpit arrangement. The story heretofore published that the 
orator of this occasion stood on a whisky barrel may be very funny, but 
it isuH true. Mrs. TenEyck of Iowa City, and Mrs. Jonathan Harris, 
now residing at Montour, Tama County, Iowa, are supposed to be the. 
only women still living (1882) who were present at that celebration. 

This was really the first general gathering of the settlers of the county 
in a social way, with their families, and the}^ had great times trying to tell 
each other where the}' lived. It must be remembered there were no 
survey lines and no public roads by which to mark localities at this time; 
hence the descriptions were— "on such a stream," "beyond such a 
marsh," "in such a grove," "near such a sand ridge," "around such a 
bend," "across such a bottom," and so on till the category of native land- 
marks was exhausted. 

FIRST SALE OF LOTS. 

The survey of the new capital city had so far progressed by July 4, 
1839, that at the celebration on that day it was announced that the first 
sale of lots would take place August 18, 1839. This notice being pub- 
lished in eastern papers, attracted the attention and presence of many 
capitalists, who began arriving upon the ground some days previous to the 
sale. Three days were consumed b}^ it, and the proceeds amounted to 
$75,000, property going oft' briskly and at high prices. Early in Octobei*, 
1839, the second sale of lots took place, the proceeds of which amounted 



HISTORY OF JOHNSON COUNTY. 309 

to $30,000. Immigrants now began to pour in daily, many of them living 
in tents until cabins could be built. The fame of the new capital of the 
new territory had spread through the east, and many came expecting to 
see a city that would rival the metropoHtan centers of the older States. 
The territoral Legislature convened at Iowa City for the first time, Dec. 
6, 1841. 

The first hotel mlov^a. City was a double log-cabin structure, which 
stood on what is now the corner of Gilbert and Brown streets. A claim 
cabin had been built there in February, 1839; and in June of the same 
year another cabin was built twenty feet from the first one. The area 
between them was roofed over, and used for a bar-room, and these together 
constituted a first-class hotel, or " tavern," as it was called in those days. 
x\saph Allen and G. T. Andrews were the proprietors. Andrews died, 
but Allen returned to Ohio, and is still living (1882). 

Many scenes and incidents of pioneer life transpired at this old log tav- 
ern — some of them very sad, indeed, for here pioneer whisky was dealt 
out without any thought, or fear, or care of law to the contrary, either in 
the Book of God, or the statutes or constitutions of man. And whisky 
wrought wretchedness and mortal woe to man the same in those days as 
now, when indulged in as a beverage. But over such scenes as this fact 
calls up let us draw the veil of willing forgetfulness, hoping that they are 
to be re-enacted in low^a no more forever. This old tavern site was also 
on the line, at the very track's edge, of the projected Lyons and Western 
railroad, one of those egregious frauds and swindles which were perpe- 
trated on the early settlers of Iowa, and in fact in every one of our western 
states. For particulars of this matter see our chapter on railroads of the 
county. Remnants of the old grade can be traced for a mile or two, even 
to the last dump of earth made on the river bluff", where was to commence 
the wonderful bridge, seventeen hundred feet long, and one hundred and 
fifty feet above the surface of the water. Any person who will go there 
now, and view the site, will see at once what crazy schemes were devised 
and talkefl up, to delude the people into voting taxes for a purely imagin- 
ary and utterly preposterous and impracticable promise of benefit. 

Matthew TenEyck seems to have been the first white man who per- 
manently settled and made a home on land now included within the bounds 
of Iowa City. This was in the early part of 1839, for the comniissioners 
who came to survey and lay out the capital city, obtained board at Ten- 
Eyck's cabin. 

The first white child born in Iowa City was Hannah TenEyck, who 
was born in the above mentioned cabin, on January 8, 18-10. 

The first regularly and well built house other than cabins, was built by 
Mr. TenEyck on the corner of Iowa Avenue and Dubuque streets. It 
was of solid hewn timber, two stories high, and quite roomy. It was 
20 



310 HISTORY OF JOHNSON COUNTY. 

burned down, after having been occupied as a residence, tavern and board- 
ing house for some twenty years. 

The first frame house was built by Wesle}- Jones, on the present site of 
the Powell block, south of University Square, in which was stored and 
sold the first stock of goods brought to this cit}-. 

The first brick building was erected by Mr. Bostwick, and the first reg- 
ular hotel was built and conducted by Walter Butler. These buildings 
were all erected in 1839. But Allen & Andrews' old double cabin "tav- 
ern," at the corner of Brown and Gilbert streets, was still earlier than 
Butler's hotel. 

In 1840 Samuel H. McCrory was postmaster at Iowa City, and estab- 
lished the first postoffice in the city in a rough log building that stood on 
the first block north of Capitol Square (now the University Campus), and 
a mail route was opened from Muscatine to Iowa City, with a contract to 
furnish a weekly mail. Before this date, the meagre mail had been 
brought in a very irregular way from Muscatine up to wherever the "Na- 
poleon" postoffice happened for the time to be located. [See article on 
successive postmasters.] 

The first church in Johnson county was erected by the Protestant 
Methodist Association at Iowa City in 184-t, the corner stone being laid 
May 1?>, by the Rev. John Libby, his excellency Gov. Lucas assisting in 
the ceremon3\ 

In December, 1841, the first meeting of the legislature in Iowa City 
occurred. The capitol building was not ready for them yet, and they 
held their sessions in the Hutchinson house. This was a large frame 
.building that stood on Washington street next south of the corner block 
where Whetstones drug store is now (1882) — on the same ground now^ 
occupied by the building in which Mr. Schell has his shoe store. The 
old Hutchinson house now stands on Dubuque, between College and Bur- 
lington streets, being occupied in 1882 by Mr. Springer. It is one of the 
few remaining relics of the pioneer city. 

THE FIRST MILL DAM. 

The first flouring mill in Johnson county was erected and run by David 
and Joshua Switzer, in 1841, and was located on Clear creek. In this 
mill was ground the first flour and meal manufactured in the county. 

But how large a dam they built the historian did not learn. 

Secondly. — By an act of the council and house of representatives of the 
territory of Iowa, approved Dec. 15, 1840, Walter Terrill was authorized 
to construct a dam across the Iowa river in Johnson county at a point on 
the southwest quarter of section No. three, in township seventy-nine north, 
range six west, — the dam not to exceed five feet above the ordinary low 
water mark, — and provided that said dam be completed within the term 
of three years from the passage of said act. It was also stipulated that 



HISTORY OF JOHNSQN COUNTY. 311 

this dam should not obstruct the navigation of the Iowa river. The vis- 
ion of steamboats plying up and down this stream was a vapory delusion 
then fondly hugged b}^ probably a majority of the settlers. Mr. Terrill 
went away south, to Louisiana; he did not return until the winter or early 
spring of 1843 — and in April of this year he commenced building the 
dam. While that was in progress he also built a mill, which has been 
known ever since as " Terrill's Mill." The property is now owned (1882) 
by Mrs. Mary Terrill. 

Terrill's was the first permit ever given to construct a dam on the Iowa 
river. 

SECOND MILL DAM ON lOW'A RIVER. 

Silas Foster, Esq., of Iowa City, relates that in the spring of 1843 a 
meeting was held at the office of Judge John G. Coleman, to consider the 
matter of building a dam. An adjourned meeting was held at the Tre- 
mont House, and a joint stock company was formed, of $.5,000, at $2.5 per 
share. The directors elected were: Chauncey Swan, Augustus C. 
McArthur and J. K. Haverstraw. Otficers — President, Chauncey Swan; 
secretary and treasurer, Silas Foster; superintendent, A. B. Newcomb. 
Work on the dam was commenced June 18, 1843. 

The site was donated by Walter Butler, but reserving certain uses of 
the dam himself for a saw mill, etc. As the dam progressed, a mill was 
also commenced; and on January 1, 1844, the workmen and stockholders 
had a New Year feast of corn dodgers and mush, made from meal ground 
that day in the mill — its first grist. 

The dam was four hundred feet long, and had cost only tzuenty-five <:/^/- 
/«7'5 in money paid out. Here is a miracle! It happened in this way. 
Many of the stockholders paid for their shares in work, while others 
paid in supplies to house and feed the workmen. Judge Coleman and 
Philip Clark paid their shares, four each, making a total of $200, in 
meat and flour, for the workmen. C. C. Buck paid his shares in groceries. 
This dam was on nearly the same site now known as the Coralville dam. 
(See " Annals of Iowa," April," 1869.) 

The first dam was ten feet high, and was, when built, the largest dam 
west of the Mississippi river. It has since been increased to thirteen feet, 
vertical height, at the apex or overflow. 

FIRST STANDARD MEASURES. 

By the county board, March 6, 1840: 

Ordered by the board, that Abner Wolcott, Esq., be authorized to fur- 
nish the following standard measures for the use of the county, to-wit: 
One three feet measure, one one foot measure, likewise a box containing 
one thousand seventy-five and one-tifth inches, or a half bushel. And 
Henry Felkner, Esq., be authorized to furnish an entire set ot standard 
weights for the county's use. 

Col. Ed. Lucas claims to be the first man who ever sowed tame grass 



312 HISTORY OF JOHNSON COUNTY. 

seed in Johnson county, and says he is prouder of that than he ever was 
of going to the legislature. This may stem like a small matter now, but 
at that time nobody believed tame grass would grow here, hence it took 
a good deal of grit to send off to St. Louis, as he had to, and buy a lot of 
timothy and clover seed, and try the experiment. This was in the fall of 
1845; he sowed the seed on new breaking; it did well; and from that his- 
toric experiment may be dated the rise of Johnson county's fame and suc- 
cess as a fine stock country. Col. Lucas also brought the first peafowls 
into the county. 



CHAPTER IV. -PART 15. 



Old Settlers Organization — Constitution— Enrolled Names-- Various Meetings— Officers, etc. 



OLD settler's ASSOCIATION. 



Some claim that an old settler's association was organized in February, 
1859. An editorial statement to this effect was made in some number of 
the "Annals of Iowa," but we failed to find any authentic record to verify 
it. However, there were social gatherings of old settler friends and neigh- 
bors, several times before any general and formal organization was made. 
The first record preserved shows that a meeting was held in the council 
chamber at Iowa City, Feb. 22, 1866. Officers were elected; and Hon. 
Samuel H. McCrory, Prof. T. S. Parvin and Col. E. W. Lucas were 
appointed to prepare a constitution and by-laws. David Switzer was 
chairman, and J. R. Hartsock, secretary of this meeting; but the names of 
the permanent officers elected will be found attached to the constitution, 
hereafter given. 

A resolution was adopted, "that all who resided in Iowa before the first 
of January, 1843, be regarded as 'Old Settlers,' and eligible to member- 
ship in the association." But the constitution as adopted, recognized any- 
body who had lived in the State twenty years, or more, as an "old settler," 
no matter when he came. 

A committee of one from each township was appointed "to collect 
the names of all the old settlers, and report them to the secretary of the 
association to be recorded." Remember, this order was made at the same 
time the rule was adopted to count as "old settlers" only those wlio came 
before 1843. This committee was: 



Graham township Jesse Strawbridge 



Hardin 


(( 


..A. D. Packard 


Sharon 


li 


... W. B. Ford 


Scott 


(( 


. . . John Parrott 


Cedar 


« 


. . Edwin Brown 


Union 


(( 


P. Harris 


Madison 


(( 


David Ray 


Fremont 


li 


. . . . Henr}' Welsh 


Monroe 


u 


. ...P. H. Barnes 



Clear Creek township .... Geo. Paul 



Washington township. . . Titus Fry 
Liberty township. . Henry Earhart 
Newport " . . Henr}- Felkner 
Iowa City " . Perry D. Turner 
Big Grove " Charles McCune 
Penn " .... D. A. Shafer 

Oxford " H. Hamilton 

PleasantValley township I. J. Burge 
Jefferson township. . Benj. Swisher 



HISTORY OF JOHNSON COUNTY. 313 

On March 10, 18H6, they met a^ain. Mr. McCrory presented the con- 
stitution prepared by the committee, it being mostly the same as one 
obtained from a similiar association in Scott county, which holds its meet- 
ings at Davenport. 

The next meeting of the association was on June 2, 1866, at whicii time 
it was ordered that two hundred copies of the constitution should be 
prin ed and circulated. 

Also, provision was made for holding a re-union and festival on the 21st 
of June, and on the -ith the following programme was published: 

The annual festival of the old settlers of Johnson county will be held on 
Thursday, June 21, 1866, in the grove at the east end of College street, in 
Iowa City. 

S. H. BoNHAM to deliver the annual address. 

The following committees are appointed to carry out the arrangement. 

Committee to erect table and speaker's stand — Edw^ard Lanning, Geo. 
Paul and M. D. Freeman. 

Committee to receive provisions — Col. S. C. Trowbridge, Laurence 
Johnson, J. W. Swoftbrd, John McCrory and Horace Sanders. 

Committee to arrange the tables — Mrs. Terrell, Mrs. Geo. Paul, Miss 
McCrory, Mrs. E. K. Morse, Mrs. S. C. Trowbridge, Mrs. Cyrus San- 
ders, Misses Mary Sutliff, Ella Felkner, Ada Kimball, Helen McCune 
and Hattie Van Fleet, and Mrs. Tifus R. Fry. 

Committee on dishes — J. R. Hartsock, A. B. Walker, John P. Irish, 
Willie Crum, M. Cavanagh. 

Committee on water and refreshments — John Shoup, Charles Paul, I. V. 
Willis, Charlie Hutchinson, W. H. L. Swaftbrd and Thos. M. Irish. 

Committee on music — Robert Hutchinson, Thos. Snyder and E. Red- 
head. 

Committee on toasts and responses— David Switzer, A. C. SutlifF, 
Titus R. Fry, S. H. McCrory, Warner Spurrier, F. M. Irish, E. Welsh, 
Charles Cartwright and Wm. Crum. 

The hour for meeting on the ground is 9 o'clock a. m. of said day. 

Each family is expected to furnish the necessary provisions, such as 
meats, bread, cakes, pies, pickles, fruits and fancy articles for the table, to 
make a No. 1 dinner^ and to deliver when on the ground to the committee, 
of which Col. S. C. Trowbridge is chairman. 

The committee on arrangements expect, and would most earnestly 
solicit every family of old settlers to take hold in the true spirit of an old 
settler, and be present on that occasion. Any information wanted will be 
given by applying to the committee of arrangements. 

E. W. Lucas, Sylvanus Johnson, James Cavanagh, John R. Van Fleet, 
L. S. S. Swaflbrd, committee on arrangements. 

CONSTITUTION OF THE OLD SETTLERs' ASSOCIATION, ADOPTED MARCH 10, 

1866. 

Whereas, The old settlers are rapidly passing away, we feel it to be 
our duty to gather, and preserve the memories of a settlement that has 
resulted in a growth and development so great, and feeling that the recol- 
lection of the past, and the hope of the future, link us together, as a 
brotherhood, we do now ordain and establish this constitution : 

Article i. — Thisassocialion shall be called the Old Settlers, Association 
of Johnson County, Iowa. 



314 HISTORY OF JOHNSON COUNTY. 

Article ii. — The officers of this association shall be a president, three 
vice presidents, recording secretary, corresponding secretary and treasurer. 

Article hi.— The president shall preside at all meetings of the asso- 
ciation, and preserve order, and in case of an equal decision, give the cast- 
ing vote. He may call special meetings of the association, at the request 
of eight (8) members. In case of the absence of the president, or hs 
inability to act, the senior vice-president shall perform his duties. 

Article iv. — Scr. i. The recording secretary of the association shall 
keep a true record of its proceedings, and shall keep a register, called the 
old settler's register, in which shall be registered the name, age, place of 
n;.t vity, occupation, date of settlement in Iowa, date and place of death of 
each member, when such shall occur. 

Sec. 2. The secretary shall ascertain from the above facts, as respects 
themselves, at the time of signing the constitution, and perform such other 
duties as may from time to time be assigned him. 

Article v. The corresponding secretary shall receive and read to the 
association, and answer all communications addressed to it, and perform 
such other duties as may from time to time be assigned him . 

Article vi. The treasurer shall receive all monies belonging to the 
association, and disburse the same and render an account at the expiration 
of his term of office, and hand over all monies, books and papers, to his 
successor. 

Article vii. — Sec. i. All officers of the association, hereafter shall 
be elected annuall}-, on the first Saturdav of March, and hold their office 
for one vear, or until their successors are elected. 

Sec. 2. After each annual election the president shall appoint an execu- 
tive committee of five, whose duty it shall be to make all necessary 
arrangements for an anniversary meeting of the association at such time 
and place as they shall deem most expedient, and having determined on 
the time and place, give notice of the same. 

Article viii. All persons who are non-residents of Johnson county, 
who were residents of Iowa at the time of the adoption of the first State 
constitution for the State of Iowa, and who are of good moral character, 
are eligible to membership. 

Article jx. — Sec. i. Every member shall sign the constitution, and 
pay to the treasurer fifty cents, and thereafter twenty-five cents annually. 

Sec. 2. All persons hereafter that have resided twenty years in Iowa 
and are residents of Johnson county, may become members by applying 
to the executive committee; provided a majority of the committee are in 
favor of such persons being admitted as members of the association regu- 
lating the admission of members. 

Article x. A majority of all the members of the association may 
alter or amend the constitution, at the annual meeting in March. 

Article xi. The executive committee shall select a suitable person 
to deliver an address before the association, on the day of the anniversary 
meeting. 

Article xh. The families of all members are privileged to attend the 
anniversary meeting of the association. 

Article xiii. Whenever practicable, the members of the association 
shall attend in a body the funeral of any deceased member; and as a token 
of respect, shall wear the usual badge of mourning. 



HISTORY OF JOHNSON COUNTY. 



315 



OFFICERS OF THE OLD SETTLERs' ASSOCIATION. 

David Switzer, president. 

F. M. Irish, Robert Walker, Henry Felkner, vice presidents. 

Silas Foster, recording secretary. 

Theodore S. Parvin, corresponding secretary. 

Peter Roberts, treasurer. 

.NAMES SIGNED. 

The following names appear signed to the constitution, each in his own 
handwriting: 

F. M. Irish, 
Bryan Dennis, 
T. S. Parvin, 
F. Kimball, 
Edward Lanning, 
W. N. Chalfant, 
J. N. Seydel, 
Henry N. Berry, 
I. C. Shaft; 
Wm. Windrem, jr, 
Peter Roberts, 
Aaron Canott, 
S. J. Hess, 
John Porter, 
Louis S. SwofTord, 
Henry Earhart, 
William Jayne, 
Chas. Cartwright, 
Sylvanus Johnson, 
Abel Stevens, 
Chas. H. Berrvhill, 
Jas. R. Hartsock, 
Isaac Bowen, 
Charles Gaymon, 
R. Hutchinson, 
Green Hill, 

The secretary procured a splendid book, in accordance with his duties 
laid down in Article IV. of the constitution ; but to collect and record the 
facts as requu-ed proved to be a larger contract than either the secretary 
or the members had any idea it would be; and the following complete 
transcript from the book shows all that had been accomplished in that 
line up to Sept. 20, 1882: 

NAMES ON THE OLD SETTLERs' REGISTER. 

David Switzer, was born in Pennsylvania, May 1, 1800. Settled in Iowa 
in 1838. Occupation a farmer. Deceased. 

Frederick Macy Irish, was born in New York, March 13, iSOl. Set- 
tled in Iowa in 1839. Occupation sailor and farmer. Died in Iowa City 
February 16, 1875. 

David B. Case, was born in Tennessee, November 20, 1815. Settled 
in Iowa in 1836, Occupation a farmer. 

E. M. Adams, was born in Maine, September 7, 1811. Settled in Iowa 
in 1837. Occupation a farmer. 



Silas Foster, 
James Cavanagh. 
George Paul, 
Mathew TenEyck, 
J. Shoup, 
David B. Cox, 
Daniel Hart, 
H. D. Packard, 
D. K. Shaver, 
S. J. Switzer, 
Levi i\i . Phillips, 
O. A. Patterson, 
Jabez Stevens, 
Cyrus Sanders, 
Christian Dodt, 
Edgar Harrison, 
Thomas D. Jones, 
John L. Gordon, 
Jno. P. Irish, 
Geo. W. McCleary, 
Edw'djW. Lucas, 
Geo. S. Hampton, 
John R. VanFleet, 
J. W. Holt, 
S. C.Trowbridge, 
Sam. H. McCrory, 



J. Y. Blackwell, 
Robert Walker, 
Samuel Mitchell, 
David Simonton, 
Thos. W. Butler, 
E. Shepard, 
Philp Clark, 
J. R. Strawbridge, 

D. Switzer, 
H. W. Collins, 
T. C. Turner, 
Henry Felkner, 

E. M. Adams, 
George Fesler, 
Allen Phillips, 
Jas. H. Gower, 
John M. Anson, 
J. J. Mendenhfdl, 
A. C. Denison, 
Ga,rret Lancaster, 
R. B. Woods, 
Mathew Cavanagh, 
John W. Alt, 

N. Scales, 
Thomas Hill, 



316 HISTORY OF JOHNSON COUNTY. 

Samuel C. Trowbridge, was born in Virginia, May 1, 1812. Settled in 
Iowa, in 1837. Occupation a farmer. 

James R, Hartsock, was born in Pennsylvania, May 15, 1818. Settled 
in Iowa in 1838. Occupation an artist and postmaster. 

A. D. Packard, was born in Ohio, July 2, 1816. Settled in Iowa in 

1838. Occupation, a farmer.' 

Samuel J. Switzer, was born in Maryland, March 27, 1832. Settled in 
Iowa in 1838. Occupation, a farmer. 

Franklin Kimball, was born in Maine, June 20, 1812. Settled in Iowa 
in 1810. Occupation, marketman; deceased. 

Isaac Bowen, was born in Ohio, August 23, 1812. Settled in Iowa in 

1839. Occupation, a farmer. 

Bryan Dennis, was born in Ohio, April 1, 1819. Settled in Iowa in 
1839. Occupation a farmer. 

Charles H. Berryhill, was born in Pennsylvania, December 7, 1818. 
Settled in Iowa in 1839. Occupation, merchant, farmer and speculator; 
deceased. 

Robert Hutchinson, was born in New Hampshire, September 16, 1814:. 
Settled in Iowa in 1839. Occupation, carpenter. 

George Fesler, was born in Virginia, November 23, 1824. Settled in 
Iowa in 184* ». Occupation, farmer. 

Edward Lanning, was born in New Jersey, May 7, 1815. Settled in 
Iowa in 1840. Occupation, horticulturist. 

James H. Gower, w^as born in Maine, October 22, 1806. Settled in Iowa 
in 1840. Occupation varied; deceased. 

Silas Foster, was born in New Hampshire, October 24, 1802. Settled 
in Iowa in 1839. Occupation, mercantile: deceased. 

O. A. Patterson, was born in Indiana, January 28, 1827. Settled in Iowa 
in 1841. Occupation, merchant. 

Mathew TenEyck, was born in New Jersey, August 12,1805. Settled 
in Iowa in 1839. Occupation, farmer. 

Abel Stevens, was born in Vermont, October 19, 1811. Settled in Iowa 
in 1841. Occupation, farmer; deceased. 

Charles Gayman, was born in Pennsylvania, October 17, 1817. Settled 
in Iowa in 1841. Occupation, farmer. 

John M. Anson, was born in France, NoA^ember 2, 1817. Settled in 
Iowa in 1846. Occupation, farmer. 

Charles Cartwright, was born in North Carolina, November 26, 1811. 
Settled in Iowa in 1842. Occupation, carpenter. 

D. K. Shaver, was born^in Pennsylvania, January 3, 1822. Settled in 
Iowa in 1842. Occupation, farmer. 

Allen Phillips, was born in Indiana, June 12, 1819. Settled in Iowa in 
1839. Occupation, farmer; deceased. 

Levi M. Phillips, was born in Illinois, March 22, 1837. Settled in Iowa 
in 1839. Occupation, farmer. 

W. N. Chalfant, was born in Ohio, September 25, 1832. Settled in 
Iowa in 1840. Occupation, carpenter. 

J.J. Mendinhall, was born in Pennsylvania, Aug. 17, 1817. Settled in 
Iowa in 1841. Occupation, farmer. 

Jabez Stevens, was born in Vermont, June 6, 1815. Settled in Iowa in 
1841. Occupation, farmer. 

J. N. Seydel, was born in Ohio, Jan. 24, 1830. Settled in Iowa in 1842. 
Occupation, tinner. 



HISTORY OF JOHNSON COUNTY. 317 

Green Hill, was born in North Carolina, Aug, 4, 1801. Settled in 
Iowa in 1830. Occupation, farmer. Deceased. 

George W. McCleary, was born in Ohio, Feb. 28, 1812. Settled in 
Iowa in 1839. Occupation, mercantile. Deceased, 

William Jaynes, was born in New Jersey, Jan. 26, 1802. Settled in 
Iowa in 1839. Occupation, carpenter. Deceased. 

Henry Felkner, was born in Ohio, April 18, 1810. Settled in lawa 
in 1837. Occupation, farmer. 

Thomas Hill, was born in Pennsylvania, Dec. 15, 1800. Settled in Iowa 
in 1840. Occupation, farmer. 

John R. Vanfleet, was born in Pennsylvania, Dec. 6, 1818. Settled in 
Iowa in 1839. Occupation, farmer. Deceased. 

A. C. Denison, was born in Ohio, April 12, 1813. Settled in Iowa in 

1838. Occupation, farmer. 

Cyrus Sanders, was born in Ohio, Sept. 28, 1817. Settled in Iowa in 

1839. Occupation, farmer. 

J. Y. Blackwell, was born in Pennsylvania, Dec. 10, 1815. Settled in 
Iowa in 1842. Occupation, lawyer. 

Henry N. Berry, was born in Iowa, Dec. 17, 1844. Occupation, 
farmer. 

Garret Lancaster, was born in New York, Dec. 2, 1827. Settled in 
Iowa in 1837. Occupation, cooper. 

Clinton Dodt, was born in New York, Jan. 31, 1833. Settled in Iowa 
in 1846. Occupation, farmer. 

Robert Walker, was born in New York, Oct. 4, 1802. Settled in Iowa 
in 1838. Occupation, farmer. Deceased. 

Mrs. J. C. Shoff, was born in Canada West, Jan. 4, 1825. Settled in 
Iowa in 1843. Occupation, milliner and dressmaker. 

R. B. Woods, was born in Indiana, Jan. 14, 1841. Settled in Iowa in 
1842. Occupation, farmer. Deceased. 

Edgar Harrison, was born in Virginia, April 7, 1S33. Settled in Iowa 
in 1844. Occupation, printer. 

William Windram, Jr., was born in Pennsylvania, June 7, 1836. Set- 
tled in Iowa in 1842. Occupation, farmer. 

Samuel Mitchel, was born in Maryland, Jan. 17, 1829. Settled in Iowa 
in 1842. Occupation, painter. 

Mathew Cavanagh, was born in Michigan, May 13, 1832. Settled in 
Iowa in 1839. Occupation, lawyer. 

Thomas D.Jones, was born in Wales, June 21, 1789. Settled in Iowa 
in 1842. Occupation, farmer. 

George S. Hamilton, was born in Kentucky, May 18, 1806. Settled 
in Iowa in 1840. Occupation, lawyer. Deceased. 

Peter Roberts, was born in Pennsylvania, April 30, 1809. Settled in 
Iowa in 1841. Occupation, cabinet maker. Deceased. 

Lewis S. Swaftbrd, was born in Indiana, October 31, 1818. Settled in 
Iowa in 1840. Occupation, carpenter. 

David Simonton, was born in Delaware, January 1, 1798. Settled in 
Iowa in 1845. Occupation, farmer. Deceased. 

John W. Alt, was born in Virginia, April 5, 1815. Settled in Iowa in 
1839. Occupation, farmer. 

John Powell Irish, was born in Iowa City, January 1, 1843. Occupa- 
tion, printer. 



318 HISTORY OF JOHNSON COUNTY. 

ADDITIONAL NAMES. 

The following additional names of members who had paid their fee we 
found on loose sheets of paper, but they had not been entered in the 
" Register " book: 

James McAllister, was born in Pike county, Ohio, in 1831. 

Bradford Henyon, was born in Seneca county, N. Y., in 1817. Set- 
tled in Iowa in 1836. Deceased. 

Mathew Albright, was born in York county, Pa., in 1815. Settled in 
Iowa in 1849. 

J. N. McCaddon, was born in Fayette county, Pa., in 1806. Settled in 
low^a in 181-9. Deceased. 

Edward Carson, was born in Washington county, Tenn., in 1810. Set- 
tled in Iowa in 1843. Deceased. 

Titus R. Fry, was born in Licking county, O., in 1811. Settled in 
Iowa in 1840. 

Enos Fry, was born in Licking county, O., in 1812. Settled in Iowa 
in 18—. Occupation, wagon-maker. 

W. D. Canon, was born in Johnson county, Iowa, in 1840. 

H. W. Lathrup, was born in Franklin county, Mass., in 1819. Settled 
in low-a in 1847. 

Joseph R. Johnson, was born in Pennsylvania, in 1809. Settled in Iowa 
in 1841. 

James Magruder, was born in Chesterfield count}', Va., in 1814. Set- 
tled in Iowa in 1838. 

Mathew Cochran, was born in Glasgow, Scotland, in 1828. Settled in 
Iowa in 1843. 

William Cochran, was born in Morris county, N. J., in 1830. Settled 
in Iowa in 1843. 

James C. Hamilton, was born in St. Joseph county, Ind., in 1833. Set- 
tled in Iowa in 1837. 

Charles Pinney, was born in Franklin county, O., in 1812. Settled in 
low^i in 1840. 

William Crum, was born in Dauphin county. Pa., in 1818. Settled in 
Iowa in 1840. Deceased. 

A. W. G. Norse, was born in New York, in 1832. Settled in Iowa in 
1841. 

John Lemore, was born in Scotland, in 1819. Settled in Iowa in 1847. 

Abram Miller, was born in Preston county, W. Va., in 1822. Settled 
in Iowa in 1839. Deceased. 

Samuel McCaddon, was born in Trumbull county, O., in 1825. Set- 
tled in Iowa in 1848. Deceased. 

John Porter, was born in Adams county, O., in 1814. Settled in Iowa 
in 1842. Deceased. 

Daniel Hart, was born in Jefferson county, Ohio, in 1801. Settled in 
Iowa in 1846. Deceased. 

Edwin A. Brown, was born in New York in 1819. Settled in Iowa in 
1839. 

Jacob Bean, was born in Baden, Germany, in 1815. Settled in Iowa in 
1844. 

Rush Mendenhall, was born in Johnson county, Iowa, in 1849. 

C. H. Bane, was born in Johnson count}', Iowa, in 1843. 

A. C. Dennison, was born in Muskingum county, Ohio, in 1813. Set- 
tled in Iowa in 1838. 



HISTORY OF JOHNSON COUNTY. 319 

Christopher S. Roplen, was born in Wurtemburg, Germany, in 1819. 
Settled in Iowa in 1840. 

Samuel Hunter, was born in Columbiana county, Ohio, in 1825. Set- 
tled in Iowa in 1850. 

John Cohnan, was born in York county, Pa., in 1818. Settled in Iowa 
in 1848. Deceased. 

J. S. McCrory, was born in Johnson county, in 1845. 

Wm. T. Sweet, was born in Champaign county, Ohio, in 1833. Set- 
tled in Iowa in 1839. 

Theodore S. Parvin, was born in Cumberland county, New Jersey, 
Jan. 15, 1817. Removed to Iowa in July, 1838, (Bloomington, now Mus- 
catine,) and to Iowa City Sept. 1, 1860. 

Henry Hart, was born in Chenango county, N. Y., July 4, 1839. Came 
to Iowa in 1849. 

James Cavanagh, was born in Butler county, Ohio, in 1806. Settled 
in Iowa in 1839. Deceased. 

Philo Haynes, was born in New London county, Conn., in 1814. Set- 
tled in Iowa in 1842. 

E. K. Morse, was born in Windham county. Conn., in 1816. Came to 
Iowa in 1838. Deceased. 

Julius G. Brown, was born in Erie county, New York, in 1818. Came 
to Iowa in 1839. 

A. L. Clark, was born in Essex county, New Jersey, in 1832. Settled 
in Iowa in 1852. 

Florence A. Clark, was born in Pike county, Ohio, in 1842. Settled 
in Iowa in 1848. 

Horace Kimball, was born in Iowa City Sept. 2, 1849. 

Jacob Ricord, was born in Philadelphia Sept. 26, 1816. Came to Iowa 
City March 4, 1840. 

Emily Ricord, was born in Missouri in 1829. Came to Iowa (at 
Dubuque) in 1834. 

Henry Bechtel, 1845.* 

Samuel Welch, 1841.* 

J. J. Ressler, 1840.* 

Fanny Ressler, 1849.* 

Anna Albright, 1849.* 

Henry Walker, was born in Portage county, Ohio, in 1829. Settled in 
Iowa in 1841. Farmer. 

John Wilson, was born in Ohio in 1809. Came to Iowa in 1842. 
Farmer. 

L. G. Wilson, was born in Monroe county, Ohio. Came to Iowa in 
1842. Merchant. 

The next meeting recorded was on June 2, 1869, but on motion of Mr. 

McCrory it adjourned to the 16th. At this adjourned meeting the officers 

elected were — 

President, Samuel H. McCrory. 

Vice-presidents: 1st, John Parrott; 2d, Charles McCune: od, Titus 
R. Fry. 

Secretary, John P. Irish. 
Corresponding secretary, T. S. Parvin. 
Treasurer, Edward Lanning. 

*This is all there was given with these names. 



320 HISTORY OF JOHNSON COUNTY. 

President McCrory appointed as executive committee: E. W. Lucas, 
J. R. Hartsock, L. S. Swafford, S. C. Trowbridge and Sylvanus John- 
son. 

At this meeting there was presented a fine group-photograph of mem- 
bers ot the Old Settlers' Association of Scott county, for which a vote of 
thanks was recorded; and a committee, consisting of John P. Irish, S. H. 
McCrory and J. R. Hartsock, was appointed to see what it would cost to 
have a similar picture of the Johnson county association. But that com- 
mittee does not appear ever to have made a report. 

THE SUMMER PIC-NIC — 1877. 

On Saturday, June 16, 1877, the Old Settlers held a grand pic-nic; but 
we found no record of any formal business transacted by the organized 
society. Gov. Kirkwood and Hon. Rush Clark were expected to address 
the gathering, but both were engaged at the time on undeferable public 
business and could not be present. Speeches were, however, made by J. 
D. Templin and Dr. Ballard. The following list of the persons present 
was published in the Daily Press at the time: 

Henry McCullough, came in 1850; Mrs. McCullough, 1850; Mrs. H. 
Walker, 1842; Mrs. E. Sehorn, 1839; Henry Walker, 1840; Mrs. C. W. 
Irish, 1846; Mrs. John Coldren, 1841;Jabez Stevens, 1841; Chas. Pinney, 
1840; Robert Hutchinson, 1839; Mrs. Robert Hutchinson, 1842; Mrs. Dr. 
Murray, 1839; T. Garvin, 1851 ; James Hill, 1838; V. I. Willis, 1839; 
Phil. Clark, 1836; Jas. Tucker, 1844; Sylvanus Johnson, 1837; Joseph 
Hemphill, 1845; Jacob Bo wen, 1846; Jacob Stover, 1838; B. Henyon, 
1837; Wm. Jayne, 1839: Eph. Welch, 1839; E. G. Stephens, 1853; Zion 
Hill, 1838; J. J. Mendenhall, 1841; J. J. Baker, 1853; Jonas Switzer, 1838 
Mat. Cochran, 1843; Hiram Watts, 1840; H. H. Beeson, 1838; Mat 
Cavanagh, 1839; H. Bechtel, 1845; S. E. Gunsolus, 1854; Chas. Calkins 
1843; W. H. Hoy, 1853; N. Scales, 1840; Sam. Spurrier, 1839; L. W 
Talbott, 1851; E. F. Brown, 1856: James Cochran, 1853; Green Hill 
1838; Mrs. Elbert, 1843; H. Murray, 1839; T. S. Parvin, 1838; Geo 
Osborn, 1854; Jos. Hill, l.s46; Mrs. Geo. Paul, 1839; Geo. Paul, 1836; Geo 
Nelson, 1856 ; Wm. Boyce, 1855 ; Mrs. I. N. Sydel, 1855 ; T. C. Adams, 1839 
M. Adams, 1838; Jas.''Robinson, 1840: Mrs. Middleton, 1847; Jesse N 
Harris, 1851; Mrs. Tantlinger, 1842; Jas. D. Templin, 1845; G. S. Deni- 
son, 1838; A. Patterson, 1841; M. B. Patterson, 1841; H. Earhart, 1837 
James Cavanagh, 1839; John Potter, 185] : L. S. Swafford, 1840; Col 
Lucas, 1839; John Renshaw, 1854; Jos. Brown, 1841; Geo. Hevern, 1846 
I. N. Dessellem, 1854; Mrs. Sanders, 1838; Mr. Gaunt, 1843; Ed. Lan- 
ning, 1840: Miss Marv Lucas, 1838; Ben. Wilde, 1856; L.E.Curtis 
1856; Mrs. Watts, 1840; Mrs. Pierson, 1840; John Parrot, 1839; S 
Stagg, 1845; B. W. Coe, 1838; Mrs. McCrory, 1840; D.Jones, 1849 
John Stevenson, 1856: Wm.Hazard, 1849; Mrs. Wm. H. White, 1840 
C. Cartwright, 1841; S. H. McCrory, 1838; D. B. Cox, 1836 at Mt 
Pleasant; Mrs. Jos. Huffman, 1847; Peter Roberts, 1841; Ed. Morse 
1838; W. B. Ford, 1839; H. H. Kerr, 1839; Mrs. Jas. Hill, 1846; Dr 
Coulter, 1851; Mrs. Burr, 1846; Mrs. Tom, 1847: Geo. Hunter, 1850 
Dr. Ballard, 1841; Capt. Clark, 1852: D. Ham, 1850; John S. McCrory 
1845, native; E. R. Handy, 1856; Ben. Ritter, 1838; E. R. Barnes, 1856 



HISTORY OF JOHNSON COUNTY. 321 

Cyrus Sanders, 1839; Mrs. Myers, 1837; Kate Winchester, 1839; R. 
Mendenhall, 1842; C. Detwiler, 1851:; Mrs. Thompson, 1839; Mrs.' Os- 
borne, 1846; Samuel Yarbrou<rh, 1846; J. N. Seydel, 1844; Mrs. Cohirk 
1840; C. Gaymon, 1841; Mrs. Gaymon, 1839; A.J. Rider, 1852; N. U. 
Brainerd, 1856; John R. Vanfleet, 1839; M. Bloom, 1857; J. G. Hill, 1854- 
A.P. Alyworth, 1851; Mrs. Whitlock, 1849; M. TenEyck, 1839; Geo. W.' 
Dodder, 1855; M. Seydell, 1845; Henry Basterdey, 1842; H. W. Fyfle, 
1844; L. B.Johnson, 1847; H. W. Lathrop, 1849; C. Starr, 1857; H.' 
Powell, 1852; Mrs. A. Graham, 1853; Mrs. Jno. Thompson, 1856; Mar- 
tin Doran, 1857; W. E. Freeman, 1851; B. S. Holmes, 1841; Mrs. Holmes, 
1842; Sam. Hess, 1846; Mrs. Hess, 1839; G. D. Palmer, 1845; Mrs. Ed. 
Fracker, 1857; Mrs. Hankins, 1839; T. C. Carson, 18.55; Jas. McGruder, 
1837; G. Hankins, 1848; A. Beermaker, 1855; Wm. Green, 1850; Capt. 
Shafer, 1841; N. Zeller, 1846; Jacob Cox, 1844; Geo. Hevern, 1854; Jas. 
S. Beatt3% 1854; John Anderson, 1853; Mrs. Jas. Robinson, 1836. 

THE MEETING IN 1882. 

The last elected president of the association was S. H. McCrory, in 
1869. On his death, the first vice president, John Parrott, became the 
riirhtful president; and in response' to a request signed by about twenty 
members, he called a meeting at the office of Lucas & Lucas, in Iowa 
City, on September 9, 1882. 

At this meeting the following proceedings were had: 

The meeting was called to order by D. B. Cox, Esq., on whose motion 
Hon. George Paul was elected chairman; Robert Lucas was appointed 
secretary. The chairman read the published call, and stated the object of 
the meeting, afier which a general discussion was had on the proposed 
reunion. The chairn'ian appointed the following gentlemen a committee 
on arrangements for a picnic: Jacob Ricord, Col. E. W. Lucas, Cyrus 
Sanders, S. C. Trowbridge, S. J. Hess, Joseph Douglass, D. B. Cox, 
George Borland and James Magruder. 

Upon the adjournment of the meeting, the above committee held a ses- 
sion, and it was determined that the Old Settlers' Association hold'their pic- 
nic on Saturday, September 23, at the fair grounds. George Borland, 
Joseph Douglass and D. B. Cox were appointed to prepare the grounds. 
Col. E. W. Lucas, James Magruder, C3'rus Sanders, Sylvanus Johnson 
and L. W. Swaftbrd were appointed committee on invitation. Jacob 
Ricord, S. J. Hess and Hon. Geo. Paul were selected as finance com- 
mittee. 

OLD settlers' reunion OF 1882. 

There were ditlerent newspaper reports of this aftair published at the 
time; we select that of the S^aie Press as in several respects the best one, 
and preserve it here: 

Saturday last, September 23, the Old Settlers and their friends, to the 
number of over five hundred, gathered at the fair grounds, to renew and 
strengthen the ties that have bound them from 1839 to 1882. The pro- 
ceedings were quite informal, and began with a dinner, to which each 
one present contributed with a liberality that forbode good appetites. 
Th^ old settlers have lived long years, and they ate well, for it is five years 
since their former picnic. During the dinner hour the band furnished 
music galore. 



322 



HISTORY OF JOHNSON COUNTY. 



Lunch disposed of, the party gathered in the amphitheater, where Mr. 
Cyrus Sanders opened the programme with a most graphic description of 
early times in Iowa. Mr. Sanders came to Iowa in 1S38, his property a 
compass and staff and such portables as might be carried in "saddle bags." 
It is probable he has broken down more hazel brush than any other man 
in Johnson county. The first pioneer cabin was built bv Nathan Fellows, 
on Clear Creek, the second, by a Mr. Miller, near the fair ground. S. C. 
Trowbridge was the first sherifi", and exercised jurisdiction from the Mis- 
sissippi to the Rocky mountains. At this time the breadth of land between 
Iowa City and Bloomington, (now Muscatine) was an unbroken prairie, 
and many were the surmises as to its future. Then it was hardly deemed 
possible this wide expanse should be settled. There was no Iowa City 
then, but in 1839 the first stake was driven where the University now 
stands; at that time the city and county had neither lav^^yer, doctor nor 
preacher. Mr. Sanders was listened to with close attention, and his words 
brought back "ye olden time" to many present. 

Mr. L. B. Patterson spoke of the reasons that induced the migration of 
men from happy homes and thronged cities into the trackless wilderness, 
and closed with an eloquent contrast between the hardships of the pioneers, 
and the comforts and luxuries that now surround them. 

Hon. S. H. Fairall made a very brief address, pointing out the work of 
the old settlers in laying the foundation of our county and State, and the 
debt due them from posterity and history. 

Mr. Samuel Magill, our local laureate, read a pleasant poem, which was 
received with great applause. 

Col. Henderson, of Nebraska, who came to Iowa as a surveyor, with 
Mr. Sanders in 1839, and removed to Nebraska eight j^ears later, was 
present, and spoke briefly in fitting words. 

The association then went into business session; the former officers 
were continued, save the secretaryship, made vacant b\^ Hon. Jno. P. 
Irish's removal. Mr. A. E. Swisher was elected to the place. 

Among the old settlers and pioneers present, with wives, children, 
grandchildren and great-grandchildren, were the following: 



Philip Clark, 
Henr}' Earhart, 
Cyrus Sanders, 
George Paul, 
James Magruder, 
John Parrott, 
Matthew TenEyck, 
Jabez Stevens, 
Benj. Ritter, 
Chas. Cartwright, 
M. B. Cline. 
Nathaniel Scales, 
J. Y. Stover, 
Benj. Swisher, 
James Tucker, 
John Morford, 
David Wilson, 
Bryan Dennis, 
Robert Lyon, 
Strawder Devaull. 



I. N. Sanders, 
John Frv, 
Sihon Hill, 

D. B. Cox, 
Carr Hartman, 
J. T. Robinson, 
Sylvester Coe, 
Samuel C. Cole, 

E. Lanning, 
Jno. P. McCune, 
J. Chamberlain, 
Matt Cochran, 
George Hartsock, 
Ichabod Kimball, 
S. j . Switzer, 

S. J. Hess, 
R. B. Sanders, 
E. Clark, 
Henrv Gearkee, 
A. E. Swisher, 



Walter Terrill, 
Henrv Walker, 
H. H;; Kerr, 
J. J. Ressler, 
Thomas Hill, 
Allen Cloud, 
Peter Rohret, 
J. M. Douglass, 
Henry Medowell, 
Pres. Conelly, 
James Hartman, 
Charles Smith, 
A. H. Humphrey, 
Isaac Smith, 
Chas. W. McCune, 
Edward Tudor, 
Phil Shaver, 
Horace Kimball, 
H. W. Lathrop, 
John Renshaw, 



HISTORY OF JOHNSON COUNTY. 



323 



Henry Herring, 
Sylvanus Johnson, 
A. D. Packard, 
Jacob Ricord, 
Jacob Bowman, 
Jacob Gobin, 
Gottlieb Ressler, 

D. A. Shafer, 
Benj. Horner, 

E. W. Lucas, 
E. M. Adams, 
Mordecai Cropper, 
George Andrews, 
Casper Dunkel, 
Charles Gaymon, 



Wm. Wolfe, 
H. W. Fyft'e, 
J. G. Sperry, 
S. Henderson, 
M. Seydell, 
J. C. Hamilton, 
Mrs. McConnell, 
Mrs. Lydia Sweet, 
Mrs. TenEyck, 
Mrs. S. Johnson, 
Mrs. A. J. Bond, 
Mrs. Betsey Walker, 
Mrs. Mary Lyon, 
Wenzel Hummer, 
Mrs. E. Sutliff, 



S. J. Kirkwood, 
T.J. Cox, 
A. W. Palmer, 
Dr. T. P. Coulter, 
L. R. Wolfe, 
Dexter P. Smith, 
J. C. Crane, 
J. M. Seydell, 
Beni". Owen, 
Mrs. E. Seehorn, 
Mrs. L. Bonham, 
Mrs. Dennis, 
Mrs. M. O. Coldren, 
Mrs. Tantlinger. 



CHAPTER v.— PART I. 



EARLY LAND TENURES. 

The "Claim Association" — Its Organization, Officers, Members, Mode of Operation, and 
Results. 

THE SQUATTER CLAIMS. 

On March 9, 1839, an organization was formed known as the " Claim 
Association of Johnson County." The land had not yet been surveyed 
by the United States Government, hence there were no land titles except 
by common agreement among the settlers that each one should be pro- 
tected in his right to the "claim" or farm, which he had selected and built 
some sort of a habitation on for himself and family. In order to systema- 
tize this plan of mutual protection they adopted a constitution or code of 
laws, which each one solemnly pledged himself to observe on his own part 
and assist in enforcing upon others. Without this they could have no 
peace or security in their land claims. 

To give some idea of the nature a..d functions of this historic, but long 
ago defunct organization, a few extracts are here given from its rules: 

Article 1. — Section 2. The officers of this association shall be one 
president, one vice-president, one clerk or recorder of claims, deeds, or 
transfers of claims; seven judges or adjusters of claims or boundaries, one 
of whom shall be qualified to administer the oath or affirmation, and 
whose duty it shall be to attend all judicial courts of the association; and 
twro marshals; all of whom shall be elected as hereinafter directed. 

The officers were to hold their seats for one year. The clerk was 
required to keep a record of all meetings; and also to record and preserve 
in writing a description of each member's claim, assignments, transfers, 
etc. 

Section g, provides: The duties and powers of the judges or adjusters 
of claims shall be to decide in all questions of dispute relative to the rights 
of claims or parts of claims as the case may be, and settle all disputed fines 



324 HISTORY OF JOHNSON COUNTY. 

or boundaries between members of this association or members of this 
association and any other individuals, and make return in writing to the 
clerk, showing the manner all cases brought before them has been dis- 
posed of. Any five of the judges elect shall compose a court; and any 
three of such court agreeing in any case brought before them shall be a 
final decision in the case. No evidence shall be received, but such as is 
recognized by the laws of the territory as legal in common law, and all evi- 
dence shall be on oath or affirmation. The judges or adjusters shall be 
required previous to their entering on the duties of their office to apply to 
the president of the association tor a certificate of election, and take an 
oath or affirmation that they will well and truly discharge the duti^^s of 
their office without fear, favor or afiection, to the best of their abilities. 

Section lo. The marshals shall be elected as other officers and their 
term of office shall commence and expire as other officers of this associa- 
tion; and their duties shall be to serve all processes that may be handed 
them and make return thereof as directed, and to enforce all decisions of 
the judicial court, and all other laws of the association; and they shall have 
full pow-er to demand the assistance of a sufficient number of the members 
of this association, if they find it necessary to carry all decisions and laws 
into effect. 

Article 2, provides, for the salaries of officers, which consisted of 
certain fees varvinjj according to the kind of service rendered. 

Article ?>— Section 1. All members of the association shall be 
required, in making claims, to stake them off" or blaze them in such man- 
ner that the lines of such claims can be easily traced or followed, and all 
claims thus made, in order ;.o be respected, must be entered on record, 
and there as fully and accurately described as practicable, giving the 
names of the creek, river, or branch, w^here such shall be the boundaries 
on any side, and when bounded by other claims, give the owner's name 
of such claims, if known, and when the lands have been surveyed they 
shall be requn^ed to give the range, township, and quarter section, as is 
customary in describing surveyed lands. And further, persons making 
claims shall be required to put the initials of their names either on a tree 
or stake at each corner of their claims. No person shall hold more than 
480 acres, or three quarter sections of land, by making claim thereto, and 
this quantity shall in all cases be recognized and constituted a claim, let 
the same lie in a body or detached parcels; /r^r^vV/frc/, however that said 
claim is not in more than three separate and detached parcels. All per- 
sons wishing their claims recorded shall hand them in to the recorder in 
writing with their signature thereto. 

Section 2. Any white male person over the age of eighteen can 
become a member of this association by signing the laws, rules, and reg- 
ulations governing the association. No member of the association shall 
have the privilege of voting on a question to change any article of the 
constitution or laws of the association unless he is a resident citizen of the 
count}' and a claim-holder. Nor shall any member be entitled to vote for 
officers of this association, unless they are claim-holders. Actual citizens 
of the county over the age of seventeen, who are acting for themselves, 
and depending on their own exertions, and laboring for a livelihood, and 
w^hose parents do not reside within the limits of the territory, can become 
members of this association, and entitled to all the privileges of mem- 
bers. 

Section 6. Members of the association who are not citizens of the 



HISTORY OF JOHNSON COUNTY. 325 

county, shall be required in making claims to expend in improvements on 
each claim he or they may have made or max^ make the amount of fifty 
dollars within six months of the date of makino- such claim or claims; and 
fifty dollars every six months thereafter until such person or persons 
become citizens of the county, or forfeit the same. 

Section 7. All persons residing in the county at the adoption of the 
foregoing laws shall be entitled to the privilege of voting at this meeting; 
but after this it shall require two month's residence to become a citizen of 
the county. 

Section 8. All claims made after the adoption of the foregoing laws 
shall be registered or offered for record within ten days after the making 
thereof, and all persons making claims after the adoption of the foregoing 
laws, shall be required, on presenting his or their claim for record, to state 
on honor before the recorder, that such claim or claims has not been pre- 
viously made; or, if made, that they have been forfeited by the laws of this 
association, to his or their personal knowledge. 

This organization and its transactions formed the most important part 
of the history of the county, as long as a condition of society existed here 
which made it necessary. It served in lieu of statute law for the time, and 
saved the settlement from many a fight, with murder or bloodshed, 
which would inevitably have occurred in the struggle for choice claims if 
such an organization had not existed. It shows the pratical, business-like 
wisdom and foresight of the early settlers here, and stands greatly to their 
credit, as a people determined that every man should have a fair chance, 
and that no one shoxild have any more than that. The book of their con- 
stitution, rules, laws, names of members and record of claims was secured 
and preserved by Hon. S. H. McCrory and Col. Trowbridge, and is now 
among the archives of the Historical Society. We have aimed not to 
lumber our pages with the entire document, but to quote such parts as 
would show clearly to future generations the nature and objects of the 
association, and the state of things then existing which gave rise to it. 
Many of its members are still living in the county [in 1882], and many 
more are represented by their descendants of the first, second, or third gen- 
eration. For this reason the entire list of its membership is here given 
as it appears on the musty and mouldy old record. 

Many of these names were so poorly written that it is a miracle if we 

have got them all spelled right; but here th^y are, with the best that 

could be done toward getting them correct: 

S. H. McCrory, S. Hill, Austin Cole, 

A. L. Stephens, A. M. Baker, Allen Strom, 

G. L. Douglas, A. C. Chapman, Matthew Ten Eyck, 

David Liecertzer, John Abbott, John Reed, 

John Morford, J. Hartman, James Rock, 

Wm. Sturgis, John Frierson, J. M. Horner, 

I. P. Hamilton, Cyrus Sanders, Charles C. Morgan, 

P. Harris, Samuel Welch, Lorenzo D. Swan, 

John G. Coleman, Suel Foster, Thomas Green, 

jQel Dovvell, Stephen Brown, Joshua Switzer, 
21 



326 



HISTORY OF JOHNSON COUNTY. 



Wm. M. Harris, 
John Willison, 
John Burge, 
Saml. Bumgardner, 
Yale Hamilton, 
Wm. Morford, 
Wesley Morford, 
A. D. Packard, 
John A. Street, 
Wm. C. Mussey, 
Jacob Earhart, 
Allen Baxter, 
A. Wolcott, 
John IVliller, 
P. Crum, 
Henry Earhart, 
Benj. Miller, 
Joseph Stov^er, 
Jesse M. Cart, 
John Trout, 
S. P. Hamilton, 
Elias Secor, 
John Earhart. 
Philip Clark, 
Henry G. Reddow, 
Elijah Hilton, 
Robert Walker, 
W. Wilson, 
William Jones, 
Eli Mvers, 
J. G. Morrow, 
S. C. Trowbridge, 
James L. Wilkinson, 
John Right, 
Anthony Sells, 
Jeremiaii Stover 
Joseph Walker, 
S. C Hastings, 
W. B. Snyder, 
William Miller, 
Nelson Hastings, 
Jacob Overholser, 
C. C. Brown, 
Andrew Mitchell, 
P. H. Paterson, 
Daniel Barrett, 
F. H . Lee, 
A. E. McArthur, 
H. S. Coe, 
Franz Vorrooch, 
Tofags Vorrooch, 
Thomas Henry, 
Joseph Henry, 



Henry Felkner, 
P. C. Brown, 
Oliver Curry, 
E. M. Adams, 
C. Gove, 
Wm. Baker, 
Wm. H. Downey, 
I. L. Clark, 
William Falkner, 
J. Williams, 
H. V. Antwerp, 
James Miller, 
Azariah Pinney, 
S. I. Sanders, 
John Matthews, 
Thomas Hall, 
David Odell, 
John Shoiip, 
Robert Small, 
George G. Oyler, 
John Horner, 
John McCahan, 
John Lee, 
William Bagiey, 
Henrv Custer, 
J. M. Thrift, 
Moses Adams, 
John Parrot, 
Wm. McCormick, 
Asaph Allen, 
C. L. Allen, 
Geo. T. Andrews, 
E. R. Morris, 

0. Lindley, 
John B. Adams, 
Jesse Berry, 
Robert McKee, 
A. Abel, 
Walter Clarke, 
J. D. Abel, 

S. B. Gardner, 
J. N. Beanton, 

1. M. Choate, 
Moses Hale, 
C. C. Catlin, 
S. M. Ballard, 
R. Ralston, 
W. C. Ralston, 
Jonas Trimble, 

Wm. Henry, 
Griffith Shreck, 
Sia. N. Thill, 
S. H. Starr, 



Henry Brown, 
Samuel J. Frost, 
William Wain, 

A. Miller, 
J. Harris, 

H. A. Usher, 
Edwin Buck, 
Jacob H. Stover, 
F. A. A. Cobbs, 
F. Thomson, 
Frederick Harter, 

B. P. Moore, 
H. H. Brown, 
T. B. Brown, 
Wm. W. Porter, 
David Garard, 
Nathan Odell, 
Peter A. Douglass, 
James Woodworth, 
S. S. White, 
William Murdock, 2d 
S. A. Abel, 

Wm. Murdock, 
James Smith, 
Henry Bradford, 
John Hawkins, 
Wm. Gayne, 
David Lindley, 
George Hepner, 
L. B. Costly, 
L. S. Swain, 
J. G. Gilmore, 
Robt. Lucas, 
A. Blake, 
John Chick, 
Walter Terrell, 
James Hill, 

C. J. Vredenburg, 
Smiley Bonham. 
T. R. Fry, 

L. Wright, 
J. B. McGrew, 
Martin Harless, 
John Aglin, 
J. H. Alt, 
A. T. Alt, 
John Eagan, 
Caleb J. Vredenburg, 
John R. Van Fleet, 
Julius S. Brown, 
Eran Dollarpid, 
Samuel Scayplast, 



HISTORY OF JOHNSON COUNTY. 



327 



A. Dewey, 
Moses Croner, 
James P. Carleton, 
J. Crawford, 
Wm. Corcoran, 
W. Harrison, 
James Lee, 
Joseph Shell, 
Wm. Kemp, 
David Henry, 
F. Kimble, 
Peter Trimble, 
W. Buttler, 
C. M. Calkin, 
John Sturges, Jr., 
L. D. Forest, 
■ G. Hutchinson, 
Geo. S. Hampton, 
S. Hanes, 
P. Cosdy, 
Wm. P. Doty, 
M. M. Mongomery, 
John Nortery, 
James Wells, 
David Ralston, 
Lyman Dillon, 
H. Bruot, 
James Williams, 
ThomasE. Torrance, 
E. B. Costly, 
R. Melly, 
A.J. Willis, 



Robert Waterson, 
Thos. P. Mulholland, 
Thos. Holden, 
Perry Jourden, 
Louis Rauzahn, 
John Rossal, 
George Shipley, 
Francis Krov, 
James Waverley, 
Samuel Loyeioy, 
E. D. Stephen, 
A. B. Boae, 
Alpheus Rupell, 
Theodore Rumsey, 
Daniel J. Durial, 
R. Willis, 
Thos. Jaytoe, 
Henry Jaytoe, 
Warren B. Morey, 
N. B. Morse, 
Silas Foster, 
John N. Hedly, 
Joshua Switzer, 
Garrett Packard, 
Lewis D. Houtz, 
Buel Tyler, 
Rebecca Tyler, 
Wm. Mitchell, 
Robt. Smith, 
John Cochran, 
James Cochran, 



Warren Stiles, 
T. H. Hopin, 
Isaac McCorkel, 
Isaac Bowen, 
David Cox, 
James Haiden, 
Morgan Haiden, 
George Haiden, 
Theodore Sanxay, 
C. S. Foster, 
Elijah K. Yost, 
Pleasant Arthur, 
Morgan Reno, 
Samuel Faessler, 
Nathaniel Fellows, 
Green Hill, 
S. B. Mulholland, 
Elijah Harvey, 
Elihu Dusel, 
Jackson Ponyar, 
Robert Matthewson, 
Andrew T. McClain, 

Hedley, 

John D. Webb, 
J. V. Felkner, 
John M. Kidder, 
Wm. Robinson, 
James Sepcaron, 
George Weiss, 
John W. Rylert, 
Robt. M. Secrest, 



Ezra Bliss. 

When these lands finally came into market 'they were valuable from the 
very fact that hardy pioneers had come here and made settlements, and 
this induced speculators to buy up all they could. But whenever a land 
sale was to occur, the land- holders or settlers of a township would elect 
one of their number as bidder for them, and furnish him with the proper 
description of their several claims, so that whenever that piece was cried 
for sale he could bid it in at the government price — $1.25 per acre. And 
if any speculator dared to overbid in order to get the improvements for 
almost nothing, woe to him — the timber for his coffin wasn't far to fetch. 
As an instance showing the popular sentiment on this subject, ;md a right- 
eous sentiment, too, we take note of a meeting held Feb. !('•, 1843, at the 
house of S. B. Trotter. T. B. Clark was chairman, and A. J. Kirkpat- 
rick, secretary. John Smith, James Buchanan, D. D. Smith, Elza Singer 
and A. Sells were appointed a committee on claims, "whose decision shall 
be decisive," it was voted. Warren Spurrier, Jesse B. McGrew, and 
Wm. Smith were a committee on resoludons. Money matters were 
extremely tight; few of the settlers could raise the money right away to 
pay for their claims. President Tyler had been petitioned to postpone the 



328 HISTORY OF JOHNSON COUNTY. 

land sales here, so as to ^ive them a little time to gather up money 
enough. It is not likely that President Tyler himself ever saw or heard 
of the petition, but anyway it was not j^ranted, and they resolved that "we 
have humbly petitioned the president for a short postponement of the land 
sales, which has been despotically refused." 

Resolved^ That we will mutually protect each other at the ensuing land 
sales, in sustainin^y our rights, whether the claimants have money to pur- 
chase the same or not. 

Another resolve, that meant business, was this: 

Resolved, That any person who does purchase another's claim without 
amply compensating him for all his labor deserves to be published in 
every newspaper throughout this territory, and should be held in everlast- 
ing contempt by all good men, and is no better than a horse thief or high 
■way robber. 

This last sentence was a clincher to the whole, and is, in fact, the key 
to the situation. But the settlers stood so well together on this matter 
that they never had but one, or perhaps two, cases that required them to 
talk blood; and even those were finally settled without any crimson trag- 
edy. 

The rising generation knows nothing about such a state of society or 
of land tenure as could possibly give rise to an organization like the one 
above noted. But it was the beginning of farm life and of freehold ten- 
ure in Johnson county, and has a deep historic interest. Newhall's 
"Sketches of Iowa," published in 1841, gives a very clear account of vari- 
ous steps and proceedings connected with land entries, land claims, etc., 
at that time, and from it we quote: 

FORM OF THE PRE-KMPTION OATH. FOR ENTERIN(; TWO FORTIES. 

Non-residents can enter but one tract in as small a quantity as forty acres. 
But actual settlers can enter tzuo "forties," by taking the following oath, 
to-wit: "I (or we) do solemnly swear (or affirm) that the land above 
described is intended to be entered for my (or our) personal benefit, and 
not in trust for another, and that the same is intended for the purposes of 
cultivation (or as the case may be) for the use of my {ox our) improve- 
ment, situated on the of section No. — , of township No. — , of 

range No. — , and that I (or we) have not entered under the act of 5th of 
April, 1832, or under the act of the 2d of March, 1833, at this, or at any 
land-office in the United States of America, any land in giiarter-qiuirter 
sections (40 acres) in my [ox our) name, or in the name of any other per- 



son." 



GOVERNMENT MARKS UPON THE PUBLIC LANDS. 



Government marks upon the public land, will.be found in the timber by 
a blaze in the tree, denoting the number of the quarter in burnt initials. 
The term blaze signifies one side of the tree which is hewed out for the 
purpose of a distinct mark. 

In the prairies, stakes are set, defining each township and quarter-sec- 
tion, ranges, etc.; consequently the traveler or stranger, if he has a mem- 



HISTORY OF JOHNSON COUNTY. 329 

orandum of the numbers he wishes to select, will have no diniculty in find- 
ing them.* 

MODE OF CLAIM-MAKING. 

This may be considered a mode of settlement peculiar to that portion 
of the public domain which is occupied prior to its being surveyed b}' tlie 
general government. By mutual concession and an honorable adherence 
to neighborhood regulations, it has become a "pro tem" law, answering 
the purposes of general protection for the home of the settler until his 
land comes into market. So general has this usage become, and so united 
are the interests of the settlers, that it would be deemed extremely haz- 
ardous, as well as highly dishonorable, for a speculator or stranger to bid 
upon their "claims," even thovigh they were not protected m a "pre-emp- 
tion right." It being clearly understood what improvement constitutes a 
"claim," and the settler conforming to the requisitions of the "bv-laws" of 
his neighborhood, or township, it is just as much respected for the time 
being, as if the occupant had a government patent for it. For instance, 
an emigrant comes into the country, he looks from county to county for a 
location. After having pleased himself, he says "I will make an improve- 
ment." He breaks five acres of ground, which holds his claim for six 
months; or he builds a cabin eight logs high with a roof, which is equiv- 
alent to the ploughing, and holds it six months longer. He then stakes 
out his half section of land, being a full "claim," generally one quarter 
timber and one quarter prairie; and thus his home is secure from the tres- 
pass of anyone. If he choose to sell his "claim" he is at perfect liberty to 
do so, and the purchaser succeeds to all the rights and immunities of the 
first settler. As an evidence of the respect in which these "claim rights" 
are held by the people of Iowa, I will here quote an act of the legislative 
council of the territory, passed January 15, 1839, entitled: 

"An Act to Provide for the Collection of Demands Growing out of Con- 
tracts for Sales of Improvements on Public Lands. 

"Be it enacted. That all contracts, promises, assumpsits, or undertak- 
ings, either written or verbal, which shall be made hereafter in good faith 
and without fraud, collusion, or circumvention, for sale, purchase, or pay- 
ment of improvements made on the lands owned by the government of 
the United States, shall be deemed valid in law or equity, and may be sued 
for and recovered as in other contracts. 

"That all deeds of quit-claim, or other conveyance of all improvements 
upon public lands, shall be as binding and effectual, in law and equity, 
between the parties, for conveying the title of grantor in and to the same, 
as in cases where the grantor has the fee simple to the premises con- 
veyed." 

Perhaos no country has ever exhibited a spectacle like Iowa, previous 
to the public land coming into markei, where a social compact has been 
formed so strong, or the spirit of its requirements so strongly adhered to. 

TOWNSHIP REGULATIONS PREVIOUS TO THE LAND BEING BROUGHT INTO 

MARKET. 

In order to prevent unpleasant litigation, and to keep up a spirit of har- 
mony amongst neighbors, and the better to protect them in their equitable 
rights of "claim" purchase, each township has its own organization gener- 

*In many of the old surveyed portions of Illinois, those numbers have become obliterated 
by time and storm-. 



330 . HISTORY OF JOHNSON COUNTY. 

ally throughout the territory, and announces by public notice a "call meet- 
ing," thus: The citizens of township seventy-two north, range five west, 

are requested to meet at 'Squire B 's. Hickory Grove, (or as the place 

and time may be) to adopt the necessary measures for securing their homes 

at the approaching land sales at B— - or D ." After a short preamble 

and set of resolutions suited to the occasion, a "register" is appointed, 
whose duty it shall be to record the name of each claimant to his respec- 
tive "claim." A bidder is also appointed, whose duty it shall be, on the 
day of sale, to bid otTall the land previously registered in the name of each 
respective claimant. These associations are formed mutually, to sustain 
and protect each other in their claim-rights. Thus, everything moves 
along at the land sales with the harmony and regularity of clock-work; 
and should any one present be found bidding over the minimum price 
($1.2.5,) on land registered in the township book, woe be unto him. 
Although "claim law" is no law derived from the United States, or from 
the statute book of the territory, yet it nevertheless is the law, made by 
and derived from the sovereigns themselves and its mandates are impera- 
tive. 

When any controversy arises between two neighbors relative to tres- 
passing, (in common parlance) "jumping a claim," it is arbitrated by a 
committee appointed for that purpose, and their decision is considered 
final. 

I doubt not but many a veteran farmer of Iowa, when passed into the 
"sear and yellow leaf" of age, will look back to by-gone years, (should 
these pages chance to meet his view,) and relate by the fireside of afflu- 
ence and plenty, to his children, and perhaps his children's children, the 
trying times encountered in the early days of " claim making." 

SKETCH OF A LAND SALE. 

The great mass of people east of the AUeghanies, I apprehend, have 
but little idea of a western land sale. Many are the ominous indications 
of its approach among the "settlers." Every dollar is sacredly treasured 
up. The precious " mint drops " take to themselves wings, and fly away 
from the merchant's till to the farmer's cupboard. Times are dull in the 
towns; for the settler's home is dearer and sweeter than the merchant's 
sugar and coffee. At length the wished-for day arrives. The suburbs 
of the town present the scene of a military camp. The settlers have 
flocked from far and near. The hotels are thronged to overflowing. 
Bar-rooms, dining-rooms, and wagons, are metamorphosed into bed-rooms. 
Dinners are eaten from a table or a stump; and thirst is quenched from a 
bar or from a brook. The sale being announced from the land office, the 
township bidder stands near by with the registry book in his hand, and 
each settler's name attached to his respective quarter or half section, and 
thus he bids off in the name of the whole township for each respective 
claimant. A thousand settlers are standing by, eagerly listening when 
their quarter shall be called oft. The crier has passed the well known 
number. His home is secure. He feels relieved. The litigation of 
" claim jumping " is over forever. He is lord of the soil. With an inde- 
pendent step he walks into the land office, opens the time-worn saddle- 
bags, and counts out the $200 or $400, silver and gold, takes his certifi- 
cate from the general government, and goes his way rejoicing. 

Such a scene have I witnessed, which continued for three successive 
weeks, in which time nearly half a milhon of money was taken from the 
actual settlers of Iowa. It is an interesting sight to witness thousands of 



HISTORY OF JOHNSON COUNTY. 331 

our fellow-beings, who, having planted themselves in a new country, are 
patiently waiting for the hour to arrive when they can buy the homes and 
the land from which they earn their bread — when they can say in truth, 
this is my own " vine and fig tree." These are the embryo scenes conse- 
quent in commencing the settlement of this new country; occurrences 
that, to the uninformed European, would seem incomprehensible; but the 
commencing landmarks which have marked the progress of the western 
pioneer, who, but as yesterday, verging upon the forests of Ohio and 
Kentucky, is now beyond the western shore of the Mississippi; and still 
his adventurous spirit looks onward, until nought shall remain save the 
boundless expanse of the vast Pacific. 



CHAPTER v.— PART 2. 



Agriculture— Live Stock Interests— Horticulture— Land Values — Birds, Bees, etc. 

The various items given under the above sub-divisions are arranged so 
far as practicable in their order of time, or by successive years, instead of 
lumping them together by subjects. We have aimed to pursue the his- 
torical method, rather than the strictly topical. 

THE JOHNSON COUNTY AGRICUI.TURAL SOCIETY. 

This society was organized April 9, 18.53, and has maintained its 
organization intact ever since. From the official records we copy the fol- 
lowing points of general public interest: 

We, whose names are hereunto subscribed, have associated ourselves, 
and with such as may become hereafter associated, as a body corporate 
and politic with perpetual succession, by the stvle of the Johnson County 
Agricultiu-al and Mechanical Society, in subordination to the laws of Iowa 
and to the articles of the association, which are hereafter attached. 

Witness our hands at Iowa Citv, April 9, 1853. S. H. Bonham, Easton 
Morris, J. M. Coleman, John McCadden, W. H. White, W. H. Woods, 
Edward Connelly, Legrand Byington, Isaac V. Dennis, Ezekiel Clark, 
Joseph Beauter, E. W. Lucas, F. H. Lee, Robert Walker. 

The following articles show its object and basis of membership: 

Article i. This association shall be called the Johnson County Agri- 
cultural and Mechanical Society. Its object shall De the advancement of 
the interests of agriculture and horticulture in all their departments. 

Article 2. The payment of one dollar annually shall entitle any per- 
son to all the privileges of membership, and the payment of five dollars, to 
an honorary membership for life. 

In 1857, Legrand Byington, Esq., wrote for the State ^Agricultural Soci- 
ety a sketch of the early history of this Johnson county society, and we 
quote a few points from Mr. Byington's paper: 

"The constitution, as adopted and subsequently amended, together with 
the foregoing act of association, was recorded in the county records, in 
book 10, page 286, and the following officers were forthwith elected to 
serve until the first annual meeting in October, 1853, viz: 



332 HISTORY OF JOHNSON COUNTY. 

President, Smiley H. Bonham. 

Vice-presidents, Samuel H. McCrory, Joseph Beauter. 

Secretary, Edward Connelly. 

Treasurer, John M. Coleman. 

Executive committee: Legrand Byington, Elisha Pearson, James Cav- 
anacrh, Easton Morris, Ezekiel Clark, Richard Burge, Isaac V. Dennis, 
W. H. White. 

These officers, under the designation of "Board of Managers," are 
charged with the entire management of the affairs of the society, and are 
invested with plenary powers in the premises. They are elected on the 
second Tuesday of October, annually, but hold over in case of any failure 
to elect at the appointed time. 

'our first county fair. 

In the month of June, following this organization, a meeting of the 
board was called, for the purpose of inaugurating the first fair and exhi- 
bition of our infant society. Less than a quorum responded to the call, and 
we were perplexed with apprehensions of failure. The experiment was 
renewed, and with the same lack of attendance. Our ever active friends. 
Dr. White and General Morris, w^ere on hand, however, and we assumed 
the resfonsibiliiy of going ahead at all hazards. With less than ten dol- 
lars in the treasury, and sorry prospects for more, hampered for a time, 
we named a day and place for the fair, prepared a premium list of one 
hundred and thirty awards, arranged in eleven classes, and requiring, 
besides expenses, an expenditure of three hundred and fifty-four dollars, 
and appointed all the judges of the exhibition. Preliminaries thus arranged, 
we presented them to the people of the county, by circular,. and anxiously 
awaited the result. 

The day of the fair proved to be pleasant, and, although the time of 
preparation had been short, several thousand people assembled to enjoy 
the fete^ and made up an exhibition which surpassed our expectations, and 
was every way creditable to the county. Our receipts, from all sources, 
were $380, and the premiums and expenses paid, amounting to $372, 
leaving a small balance of eight dollars in favor of the experiment. No 
thoroughbred cattle or horses were then owned within the county, but 
there was a good show of grades and natives; and the principal premiums 
awarded in these classes, were given to Messrs. Richard Burge, Frank- 
lin Kimball, Thomas Lindley, F. H. Hempstead, Isaac Bowen, Mathew 
TenEyck, John Parrott, N. Winterstein, C, B. Wray, Edward Connelly. 

officers for 18.53. 

At the regular annual meeting of the society, held in pursuance of the 
charter, and of public notice, at the office of E. Connelly, in Iowa City, on 
the second Tuesday of October, 1853, P. D. Turner, Esq., acting as pres- 
dent, and E. Connelly, secretary, the following proceedings were had, viz: 

Article 3 of the charter was so amended as to make the executive com- 
mittee consist of fourteen members, to be apportioned as follows: three 



HISTORY OF JOHNSON COUNTY. 333 

for Iowa City township, and one for each of the remaining townships of 
the county, and the office of corresponding secretary was added to the 
board. 

An election was then held for officers of the society for the ensu- 
ing year, which resulted in the election of the following persons, to-wit: 

President, Samuel H. McCrory. 

Vice-presidents, P. D. Turner, H. H. Winchester. 

Rec. secretary, F. Connelly. 

Cor. secretary, W. H. Fyffe. 

Treasurer, Legrand Byington. 

Executive committee, H. W. White, J. H. Morehead, Franklin Kimball, 
M. TenEyck, Richard Burge, Bryan Dennis, Nicholas Winterstein, E. K. 
Morse, Ebenezer Adams, W. B. 'Ford, M. F. Snavely, A. D. Packard, 
John D. Able, James Cavanagh. 

"'On motion, ordered that the above named officers enter upon the 
discharge of their respective offices from and after the 13th of October, 
1853. 

E. Connelly, Secretary. 

This boaro of officers met, in pursuance of notice, at the secretary*s 
office, Iowa City, on the 20th of May, ISo-i, when the following proceed- 
ings were had, viz.: 

1. Resolved, That the second annual fair of the Johnson County 
Agricultural and Mechanical Society be held, under the direction of the 
board of managers, at Iowa City, on the 26th and 27th of September, 
1854. 

2. Resolved, That a committee, consisting of Messrs. Morehead, 
Morse, and Byington, be appointed, whose duty it shall be to prepare, and 
after its ratification, cause to be published, a premium list for said fair. 

3. Resolved, That a committee, consisting of Messrs. F. Kimball, 
White, Fyffe, and Morehead, be appointed, whose duty it shall be to 
obtain and prepare suitable grounds for said fair, and that said committee be 
authorized, in their discretion, to make said provision a permanent 
arrangement for the accommodation of this society, if it can be done with- 
out involving this society beyond its available means. 

4. Resolved, That the committee Hrst above named, be instructed to 
report said premium list for revision or adoption to an adjourned meeeting 
of this board, to be held at E. Connelly's office, in Iowa City, at 1 o'clock 
Saturday, June 3, 1854, at which time and place the several awarding 
committees will be appointed. 

5. Resolved, That the corresponding secretary be instructed to 
serve upon each member of the board of managers a written notice, and 
request them to be present at the meeting on the 3d of June. 

6. Resolved, That a committee, consisting of Messrs. White, McCrory 
and Fyffe, be appointed to procure a suitable person to deliver an address 
at said fair. 

The committee on premium lists, etc., were prompt in the discharge 
of their duties, and on the 3d of June, published to the people a list of pre- 
miums much more extensive than that of the preceding year, embracing 
nineteen classes and accompanied by the usual address. 



384 HISTORY OF JOHNSON COUNTY. 

As on the previous occasion, we were favored with pleasant weather 
during the second exhibition, and were all gratified in the assurance that 
the show was very much superior to that of the preceding year. The 
receipts, from all sources were $518, and the premiums and expenses all 
paid amounted to $540.80, creating a deficit of $22.80, which was 
promptly advanced by the treasurer on the credit of the society. In cattle 
and horses, especially, there was a very marked improvement, the princi- 
pal prizes on which were well contested, and fell to Messrs. Thomas Lind- 
ley, Richard Burge, Franklin Kimball, Legrand Byington, Joseph Yoa- 
kum, I. V. Dennis, Lindley Abel, Philip Pitt, John Huss, N. Winterstein, 
A. C. Dennison, F. W. Hempstead, Moses Adams, Robert Walker, Jno. 
C. Burge, J. H. Morehead. 

Invitations to deliver an address before the society, had been succes- 
sively tendered to Messrs. George Green, of Cedar Rapids; James Grant 
and Hiram Price, of Davenport; and James W. Grimes, of Burlington; 
but the pre-existing engagements of these gentlemen did not permit either 
of them to accept. 

Although meeting, on this occasion, the full measure of anticipated suc- 
cess, it had been found that it required such active and unremitting exer- 
tion, in the way of personal solicitation, if not outright dunning^ to collect 
a sufficiency of membership fees to sustain our expenditures upon the 
liberal scale which was deemed essential, that the society was in danger 
of dissolution from over-working a few of its most active members. Some 
more permanent and accessible source of revenue seemed indispensable. 
Accordingly, at a business meeting of the society held on the evening of 
the first day of this fair, the subject of our pecuniary prospects, among 
others, was under discussion, and resulted in the following action, \\z: 

On motion of Mr. Byington: Resolved, that this society will memorial- 
ize the next General Assembly of Iowa to pass an act authorizing the 
county judge of Johnson county to set apart, annually, a per centage of 
the poll tax of the county, as a fund for the use of this society, to be 
expended for the improvement, within said county, of agriculture and the 
mechanic arts. 

Resolved, that a committee of five active friends of the cause in each 
township, be appointed by the chair, at our to-morrow's meeting, to circu- 
late a similar petition for signatures throughout the county. 

Resolved, that the secretary be instructed to procure the printing of 
such petitions, and cause them to be apportioned amongst said committee- 
men. 

Some conversation was had about recommending the organization of a 
company for the importation of first-class thorough-bred stock from the 
Eastern States, but no definite action was taken thereon. 

In accordance with these resolutions, petitions were circulated and 
signed, and at the ensuing session of the general assembly we had the sat- 
isfaction of seeing a bill, which we had prepared, pass into law, without 
serious opposition, in the following form, viz: 



HISTORY OF JOHNSON COUNTY. 335 

An act to encourage agriculture and the mechanic arts in Johnson 

county. 

"Sec. 1. Be it enacted by the general assembly of the state of Iowa, 
That on the first day of April, in each year, the county judge of Johnson 
county, shall draw an order upon the treasurer of said county, in favor of 
the Johnson County Agricultural and Mechanical Society, for a sum equal 
to thirty-three and one-third percentum, upon the amount of the personal 
poll tax which may have been levied in said county for the preceding 
year, and it shall be the duty of said treasurer, on the presentation of such 
order, to pay the amount thereof, in money, to the financial officer of said 
society, to be expended by said society in the improvement of agriculture 
and the mechanic arts within said county. 

Sec. 2. That to secure a faithful application of said money to the objects 
hereinbefore stated, the officers of said society shall annually hold a 
county fair, and cause to be prepared a list of premiums to the farmers 
and citizens of said county, at least equal m amount to the payment from 
the county treasur}- for the current year; a copy of which shall be left 
with the county judge, and be preserved at his office. 

Sec. 3. That if, from anv cause, said society fails to hold their fair, or 
to file such list with the county judge, he shall with hold all subsequent 
orders until the requirements of the foregoing section have been complied 
with. 

Sec. 4. This act may take efTect by publication in the Iowa Capital 
Reporter and Republican, provided., said society shall pay the expense, if 
any, of such publication. 

Approved Jan. 20, 1855. 

I certify that the foregoing act was published in the lozva Capital 
Reporter and Republican, on the 31st day of January, 1855. 

G. W. McCleary, Sec'y of State. 

Immediately after the fair of 1854, the writer of this repaired to the 
state of Ohio, on a visit, and, while there, had the pleasure of attending 
the great exhibitions of the state society, at Newark, and of the United 
States society, at Springfield, at both of which he purchased stock for 
importation into Iowa. Returning, after an absence of six weeks, it was 
found that there had been a failure to elect officers of our society for 1855, 
at the time fixed by the constitution. A special meeting was therefore 
called, at my instance, for the sixth of January, 1855, from the record of 
which I extract as follows: 

" Ordered, That article third of the constitution be so amended that the 
officers hereafter chosen hold their offices for the terms for which they 
may have been elected, and until their successors are elected and quali- 
fied. 

The following named officers were then duly elected and qualified for 

the year 1855, viz: 

President — ^John Parrott. 

Vice Presidents — Nicholas Winterstein, John S. Burge. 
Secretary — William E. Miller.* 

*Wiiliam E. Miller has since been chief justice of the surpenie court of Iowa; is author 
of the official annotated code of Iowa, and is now professor of jurisdiction and practice in 
federal courts, in the law department of Drake University, at Des Moines. 



336 HISTORY OF JOHNSON COUNTY. 

Cor res-ponding Sect etary — W. H. "White. 

Treastirer — Legrand Byington. 

Exeaitive Committee — Franklin Kimball, William Sterrett, Thomas 
Rigg, James Cavanagh, John Smallay, Edward Carson, Thomas Lind- 
ley, James McGruder, James L. Kister, Joseph Beauter, Henry Dupont, 
D. A. Shafter, A. H. Humphrey and Thomas Hill. 

FAIR OF 1855. 

At a meeting of the board of managers, held at the secretary's office, on 
the 16th day of June, 1855, initiatory steps were taken for the fair of that 
year, and among other proceedings it was 

Ordered, That Dr. Jesse Bowen be appointed a member of the board 
of managers, for Iowa Cit}- township, in place of William Sterrett, 
resigned. 

Ordered, That the third annual fair be held at the Capitol Square, in 
Iowa City, on the third day of October, 1855. 

Ordered, That a committee, consisting of Messrs. F. Kimball, Jesse 
Bowen and Thomas Snyder, be appointed to prepare the ground for said 
fair. 

Ordered, That 2,000 handbill copies of our premium list and regulations 
for said fair be published, under the supervision of a committee, consisting 
of Legrand Byington, S. H. McCrory and W. H. White. 

N. WiNTERSTEiN, Acting President. 

W. E. Miller, Secretary. 

In pursuance of this order, a list of premiums was made up, much more 
extensive, in the number and amount of its awards, than either of its pre- 
decessors, and extensively published throughout the county. 

Again we were highly favored by the elements, and a beautiful day 
smiled upon the happy thousands who graced the fair with their presence* 

The competition in stock was again close, and, for a time, some slight 
dissatisfaction was evinced by exhibitors of improved cattle, because the 
judges took for their guide, in making up their opinions of individual ani- 
mals, the points of excellence adopted by the New York state society, 
instead of the amount of tallow carried by the animal. The awards were, 
however, acquiesced in with cheerfulness, and the winners of the principal 
prizes on cattle and horses were Messrs. Franklin Kimball, Legrand 
B3'ington, N. Winterstein, W. H. White, D. P. Greeley, James McGruder, 
Moses Adams, Oliver Thomas, Thomas Lindley, Jno. Parrott, Mathew 
TenEyck, Nathaniel Scales, F. H. Hempstead,' W. H. Woods, J. W. 
McCadden and R. S. Tucker. 

Receipts from all sources $663.64 

Premiums and expenses paid 685.64 

Deficit for the year $ 22.00 

which was advanced by the treasurer, on the credit of the society. 



HISTORY OF JOHNSON COUNTY. 337 

FIRST STEPS FOR A FAIR GROUND. 

It was informally suggested, at the close of the exhibition of 1855, that 
the winners of prizes should donate the amounts of their premiums for 
the purpose of accumulating a fund wherewith to procure permanent 
fair grounds. Accordingly, with a view of testing, immediately, the prac- 
ticability of tlie project, I accompanied the publication of the awards of 
that year, with the following card: 

To the Board of Managxrs of the Johnson County Agricultural and 

Mechanical Society. 

Gentlemen: By the foregoing list, it will appear that I received quite 
a number of the prizes distributed at your late fliir. With me, the chief 
value of these premiums consist in the fact of their having been azvarded 
to fue; and as our society now needs, or will shortly need, funds for the 
purchase and decoration of a permanent fair ground, I take pleasure in 
hereby donating the entire amount of my premiums (forty-six dollars), as 
the foundation of a fund to be expended, when sufficient, in such purchase 
and decoration. Truly and fraternally, yours, 

Legrand Byington. 

Shortly afterwards, Mr. Kimball sent in the following for publication, 
viz: 

A CARD. 

To the Board of Managers of the Johnson County Agricultjiral and 

Mechanical Society. 

Gentlemen: At the last annual fair of your society, I received fifty- 
three dollar as premiums awarded by different committees. The obtain- 
ing of the awards, and thereby creating a general rivalry among farmers 
and mechanics, in raising the best stock, cultivating the best qualities of 
grain, and adopting the best improvements in mechanism, rather than the 
■possession of these awards, has been the object I have had in view in 
becoming a member of your society and taking part in its deliberations. 
M}' most ardent desire in regard to it, is to see it established on a firm 
foundation, and increasing in members, strength and usefulness, from year 
to year. To this end 1 deem it necessary that a lot for a fair ground be 
obtained at an early day, and, for that purpose, I hereby donate to you 
the amount received by me for premiums, to be devoted exclusively to 
that purpose. Yours Truly, 

F. Kimball. 

Nothing further from this source having been realized, and the hope- 
lessness of the plan being apparent, the society, at its annual meeting in 
October, 1856, on motion of Dr. Bowen, 

Resolved., That each member of the executive committee of the Johnson 
County Agricultural and Mechanical Society be furnished with a petition 
to solicit the county judge to submit the question to a vote of the electors 
of the county, of subscribing $5,000 for the purpose of purchasing agricul- 
tural and mechanical fair grounds, and improving the same, and that a 
committee be appointed for the purpose of conferring with the county 
judge, and preparing said petition. 

Committee- -Legrand Byington, Ezekiel Clark, and Jesse Bowen. 



338 HISTORY OF JOHNSON COUNTY. 

FAIR OF 1856. 

"The fair for 1856 was fixed on the 2d day of October, at the usual 
place. In the enumeration of articles, the premium list was nearly a copy 
of that of the preceding year, embracing 423 prizes, arranged in twenty 
classes; but the sums to be awarded in each class were very considerably 
increased, and amounted, in the aggregate, to nine hundred and twenty- 
eight dollars. 

For the purpose of comparison, I attach an abstract of the classes, and 
the amount appropriated to each, as follows: 

Class. Articles, No. of Prizes. Amount 

1 Farms, fences, orchards, etc 21 $87 

2 Field crops, etc 28 79 

3 Vegetables 21 30 

4 Seeds 15 30 

5 Pure Durham cattle 14 33 

6 Pure Devons 14 33 

7 Pure Herefords 14 33 

8 Grades 14 33 

9 Native cattle 14 33 

10 Work cattle and beeves 10 44 

11 Sweepstakes (any brted) 4 35 

12 Thoroughbred horses 16 40 

13 Other horses 26 67 

14 Jacks, mules, etc 13 37 

15 Swine 12 37 

16 Sheep (fine and coarse wool) 20 64 

17 Poultry , 8 11 

18 Farm implements, etc 22 47 

19 Mechanical fabrics 67 . .' 85 

20 Household manufactures 70 ....... 70 



Total 423 $928 

Besides these, there was provision made for discretionary awards, for 
articles not specified, requiring probably sufficient to swell the list to a 
grand total of a tJwusand dollars. 

The interest manifested was great, the attendance large, and the com- 
petition, in most of the classes, spirited. The show of cattle, horses, veget- 
ables, etc., was very beautiful, and much superior to any previously seen 
in the county. Here and there an individual occasionally dissented from 
the awards of the judges, but, as a whole, the exhibition was eminently 
creditable and satisfactory. The principal winners of prizes are annexed: 
Winner. No. of Prizes. Amount. 

Jacob Zeller 2 $23 

Samuel Miller 5 12 

John I. Burge 12 47 

Legrand Byington 23 ^'o 

Thomas Lindley 11 38 

Isaac Bowen 2 11 



HISTORY OF JOHNSON COUNTY. 339 

Winner. No. of Prizes. Amount. 

S. H. McCrory 4 jY 

N. Winterstein 4 j j 

F.Kimball y 26 

Receipts from all sources $776.16 

Premiums, expenses and deficit 749.00 



Balance $27.16 

The following table shows the rate per cent of increase in the county, 
and likewise in the business of the agricultural society, for a period which 
includes the years 1853-54:-55-56: 

INCREASE — COUNTY. 

28 per cent per annum, in population. 

43 " " " taxable property. 

49 " " " live stock. 

45 " " " taxation. 

INCREASE — AGRICULTURAL SOCIETY. 



10 per cent per annum, 

41 

25 " " 

28 " " 

28 " " 



in members of the society, 
number of premiums, 
amount of premiums, 
receipts, 
expenditures. 

These certainly are very rapid strides in the great march of improve- 
ment; and if we could, by possibility, maintain this ratio of increase for 
ten years next ensuing, this beautiful county of Johnson, in the year 1867 
would count a population of 140,000 people — ^having live stock of the 
value of $15,000,000— owning a taxable property of $181,000,000— on 
which would be levied taxes to the extent (exclusive of school house and 
corporation taxes) of $1,800,000 — having an agricultural society number- 
ing 1684 members — competing in a premium list of 3,700 prizes, and 
receiving a revenue and paying premiums to the aggregate amount of 
$8,457. 

The year 1859 Charles A. Vogt reported: 

"The seventh annual fair of the Johnson County Agricultural and Me- 
chanical Society, was held on Thursday and Friday, September 15 and 16, 
1859. 

"The number of entries this year was not as large as last year, but it was 
observed by everybody that the articles on exhibition, either of stock or 
produce, were far superior to any fair we have held in this county. Num- 
ber of entries were as follows: 

"Fruits, vegetables and seeds, 107; Durham cattle, 11; Devon cattle, 15; 
grade cattle, 18; blooded horses, 15; common horses, 39; jacks and mules, 
8; swine, 10; sheep, 10; mechanical department, 19; domestic manufac- 
tures, 56, etc., etc. Aggregate number, 343. 

"The society owns a 25 acre lot about half a mile south of Iowa City, on 



340 HISTORY OF JOHNSON COUNTY. 

the west side of the Iowa river, of which about 20 acres are fenced with a 
substantial board fence eight feet high. On this lot the society is now in 
debt $800." 

In 1860 the county fair was held September 27 and 28. And on Octo- 
ber 2, 3, 4, and 5, the State fair was held on the same ground. Some 
items of Johnson county crops this year are worthy of remembrance. The 
report says the wheat averaged from 25 to 33 bushels per acre — Canada 
Club, Tea and Fyffe varieties. Corn— J. I. Burge raised 112 bushels per 
acre, of Yellow Dent corn. S. H. McCrory, John McCadden and John I. 
Burge are all reported as having raised Osage orange hedges success- 
fullv. 

AGRICULTURE AND WAR — 1861. 

The report for Johnson county this year is a condensation of man}^ vol- 
umes in a single line. It reads: '•'■No fair. Ground occupied for military 
■purfosesP What a world of historic and mighty memories that brief line 
suggests — of a strugle that shines immortal in the galaxy of time, where jus- 
tice triumphed over tyranny, brutality and wrong. The 10th Iowa Infan- 
try was encamped on the ground at the time the county fair should have 
been held, but left for the front in time for the State fair to be held on the 
ground. We cop}- from the Iowa City Republican^ report some points 
of permanent historic interest: 

"In our description of the last State fair [to which brief history was 
awarded the hrst premium for 'the best and most complete history and 
report of the fair in any daily, weekly, or monthly newspaper in Iowa], 
v^'e gave a somewhat extended sketch of the rise and advancement of our 
State Agricultural Societ}^ which we will here briefly recapitulate. 

"Dr. J. M. Shaffer, of Jeflerson county, and Judge T. W. Claggett, of 
Lee count}', took the initial steps toward instituting the society. Previ- 
ous to the meeting of the legislature of 1856-7, but one thousand dollars 
had been appropriated to advance the interests of the association. At 
and since that session, pecuniary provision for its maintenance to the 
amount of two thousand dollars annually has been made by the legisla- 
ture. 

" The third and tburth fairs were held at Muscatine, the fifth and sixth 
at Oskaloosa, and last year, the seventh, and now the eighth, at Iowa 
City. These fairs have all been successes. We make no exception in 
this affirmation against the fair just closed, although the Davenport Dem- 
ocrat and News very magnanimously pronounced it a failure in advance — 
thus, to the extent of its narrow influence and hmited circulation, doing 
what it could to prevent the attendance of persons from the eastern por- 
tion of the state. 

" Since the administration of Judge Claggett, the society's first presi- 
dent, the following gentlemen have been honored with the distinction of 
being its chief executive officer: Gen. Jesse Bowen, of Iowa City, for 



HISTORY OF JOHNSON COUNTY. 341 

the year 1858; Z. T. Fisher, Esq., 1859; and Judge Geo. G. Wright, the 
present accomplished president, for the 3^ears 1860 and ixfJl. In 1856, 
Capt. J. H. Wallace, of Muscatine, the present gentlemanly and efficient 
secretary, was elected to the office he now holds, and has fulfilled its mani- 
fold and difficult duties with such high satisfaction to the association and 
the public that he has been retained in the position ever since by annual 
re-election. 

"The citizen or stranger, whether lady fair, or belonging to the mascu- 
line persuasion, who, week before last, led by curiosity, the promptings 
of friendship or affection, or the stern decrees of a ' military necessity, 
visited Camp Fremont, and witnessed the camp fires smouldering in the 
ditch, the drill by squad, by company, or by battalion, heard the fife's 
shrill sound, and saw the drum chastised, noted the steady tramp of the 
guard, or in short, remarked in any way the martial surroundings incident 
to the encampment of a thousand brave and gallant men-at-arms, could 
scarcely realize, on re-visiting the ground on Tuesday of last week, that 
it