72-
THE
IOWA JOURNAL
OF
HISTORY AND POLITICS
t
EDITOR
BENJAMIN F. SHAMBAUGH
PROFESSOR OF POLITICAL SCIENCE
IN THE UNIVERSITY OF IOWA
VOLUME I
1903
PUBLISHED QUARTERLY BY
THE STATE HISTORICAL SOCIETY OF IOWA
IOWA CITY, IOWA
1903
COPYRIGHT 1903 BY
THE STATE HISTORICAL SOCIETY OF IOWA
I
THE IOWA JOUKNAL OF HISTOEY
AND POLITICS
CONTENTS
NUMBER 1 — JANUARY 1903
Joliet and Marquette in Iowa LAENAS GIFFOBD WELD 3
The Political Value of State Constitutional History
FRANCIS NEWTON THORPE 17
Historico-Anthropological Possibilities in Iowa
DUREN J. H. WARD 47
A General Survey of the Literature of Iowa History
JOHNSON BRIGHAM 77
Some Publications 105
Adams— The Iowa Band (p. 105) .... H. G. Plum
Brown — Stephen A. Douglas (p. 106) . . . C. N. Gregory
Eiboeck— Die Deutschen von Iowa (p. 108) . . M. O. Lorenz
Hosmer — The Louisiana Purchase (p. 110) . . P. S. Peirce
Historical Society— The Iowa Historical Record (p. 112) J. L. Pickard
Historical Department — Statute Laws of the Territory,
etc., (p. 113) .. L. W. Parish
Richman— Rhode Island (p. 114) ... W. C. Wilcox
Shambaugh — History of the Constitutions oflowa(p.ll6) I. B. Richman
State of Iowa — Supplement to the Code (p. 118) . H. E. Deemer
Thorpe— The Constitutional History of the United States
(p. 121) B. F. Shambaugh
Thwaites— Daniel Boone (p. 122) . . . . W. C. Wilcox
Thwaites— Father Marquette (p. 124) . . . L. G. Weld
Notes and Comment 126
NUMBER 2 — APRIL 1903
A Brief History of the State Historical Society of Iowa
BENJAMIN F. SHAMBAUGH 139
State History in the Public High Schools EDMUND J. JAMES 153
The Regulation of Primary Elections by Law
JAMES J. CBOSSLEY 165
vi CONTENTS
The League of Iowa Municipalities FRANK E. HORACK 193
The Hampton Roads Conference JOSEPH W. RICH 209
Some Publications 231
Bar Association (Iowa) — Proceedings of Eighth Session
(p. 231) Emlin McClain
Board of Control (Iowa) — Bulletin of Iowa Institutions
(p. 235) LA. Loos
Dye— The Conquest: The True Story of Lewis and Clark
(p. 237) Alice Young
Fiske— New France and New England (p. 238) . . L. G. Weld
Historical Association (American) — Annual Eeportfor
1901 (p. 240) H. G. Plum
Historical Department (Iowa) — Laws of the Territory,
etc. (p. 241) H. S. Richards
Hulbert— Historic Highways of America (p. 243) D. J. H. Ward
Linn— The Story of the Mormons (p. 246) . . A. D. Cromwell
Phillips— Georgia and State Eights (p. 248) . . F. I. Herriott
Pioneer Law Makers — Proceedings of Reunion, 1902
(p. 252) Peter A. Dey
Riggs— Studies in United States History (p. 255) . J. F. Mitchell
Secretary of State — Official Register (p. 255) Margaret Budington
Shea — Early Voyages Up and Down the Mississippi
(p. 259) L. G. Weld
Notes and Comment 262
NUMBER 3 — JULY 1903
The Wisconsin Gerrymanders of 1891, 1892
FRANCIS NEWTON THORPE 275
Anthropological Instruction in Iowa DUREN J. H. WARD 312
Letters by Mrs. James W. Grimes
Contributed by E. M. NEALLEY 329
Congressional Districting in Iowa PAUL S. PEIRCE 334
A Bibliography of Iowa State Publications
for 1900 and 1901 MARGARET BUJ>INGTON 362
Some Publications 404
Dillon— John Marshall, Life, Character Etc. (p. 404)
Emlin McClain
Garrison— Texas (p. 406) .... Allen Johnson
MacDonald — The Government of Maine (p. 408) . F. H. Garver
CONTENTS vii
Morey— The Government of New York (p. 410) . H. G. Plum
Ontario Historical Society — Explorations of the Great
Lakes, 1669-1670 (p. 411) . . . . L. G. Weld
Van Tyne — The Loyalists in the American Eevolution
(p. 414) . . . . . . . . . A. D. Cromwell
Notes and Comment 416
NUMBER 4 — OCTOBER 1903
Chief Justice Marshall as a Constructive Statesman
EMLIN McCLAiN 427
Problems in the Administration of Iowa
HAROLD M. BOWMAN 467
The Development of Party Organization in Iowa
JOHN W. GANNAWAY 493
Local Tradition JOHNSON BEIGHAM 525
Some Publications 529
Catterall — The Second Bank of the United States
(p. 529) W. C. Wilcox
Clarkson — A Beautiful Life and its Associations
(p. 531) C. A. M. Currier
Hart — Actual Government as Applied under American
Conditions (p. 533) B. F. Shambaugh
Horack — The Organization and Control of Industrial
Corporations (p. 534) H. G. Plum
Iowa Park and Forestry Association — Proceedings, etc.
(p. 536) T. J. Fitzpatrick
Kawakami — The Political Ideas of Modern Japan
(p. 538) LA. Loos
Luetscher — Early Political Machinery in the United
States (p. 539) F. E. Horack
Ostrogorski — Democracy and the Organization of
Political Parties (p. 539) . . . B. F. Shambaugh
Reed — The Twelfth Regiment Iowa Veteran Volunteer
Infantry (p. 541) J. W. Rich
Notes and Comment 543
THE IOWA JOURNAL
of History and Politics
JANUARY Nineteen Hundred Three
Volume One Number One
JOLIET AND MAKQUETTE IN IOWA
The first recorded interview between the white man and
the Indian, within the limits of the present State of Iowa,
was incident to the landing of Joliet and Marquette upon
the west bank of the Mississippi on the 25th of June, 1673.
The exact locality in which this interview was held has
always been a matter of doubt. That the subject is one of
some interest is shown by the fact that a number of points
have been named as probable sites of the landing of the two
explorers upon the occasion in question. Among these may
be mentioned Montrose, Sandusky, and the mouth of
Lemoiliese Creek or Bloody Run — all in Lee County.
Writers have generally agreed upon placing the landing
near the mouth of the Des Moines river, but both Shea and
Parkman favor some stream further north. It was certainly
near to some western tributary of considerable size.
Though Joliet was the nominal head of this memorable
expedition, the first to make known the true course of the
Mississippi, we owe relatively little of our knowledge re-
garding it to documents which he has left. Most unfortun-
ately, on his way back to Quebec in the following spring,
his canoe was wrecked in the rapids of La Chine just above
Montreal, two of his companions being drowned and his
box of papers lost. Thus it happens that we owe such
knowledge as we have of the details of the expedition to
the accounts furnished by Marquette. Marquette' s narra-
4 THE IOWA JOURNAL
tive was originally sent to Dablon, the Superior of the
Jesuit Missions, at Quebec. Dablon forwarded a copy of
it to Paris as a part of his Relation of the year 1674. The
original seems to have remained in the Jesuit archives at
Quebec until about 1800, when it was deposited in the Hotel
Dieu. From this place it was removed in 1842 to St.
Mary's College in Montreal. Some years later the manu-
script fell into the hands of Dr. John Gilmary Shea, the
historian of the Roman Catholic Church in America, who
published it in 1853 in his Discovery of the Mississippi.
In the Recueil de Voyage of Thevenot (1680) Mar-
quette's narrative was published in an abridged form. This
form was the one principally used by historians before Dr.
Shea secured access to the original document. It is still
valuable as supplying a gap in the original, two pages of
which have been lost. These pages, however, form a part
of the description of the Illinois Indians and are of no
especial significance from a geographical standpoint. Thev-
enot also published a map which he erroneously ascribed
to Marquette, but the true author of which is unknown.
The genuine map was found in connection with the original
MS. in the library of St. Mary's College. Joliet's
"earliest" map, probably sketched from memory in 1674,
has also been preserved as well as his Carte Generate of
1681 circa, signed by Franquelin. Franquelin's Carte de
la Louisiana of 1684 is of interest in this connection,
though the original has apparently been lost and we have
only the fac simile of the MS. copy made by Parkman now
in the library of Harvard University. Two other maps by
Joliet, known as the u larger" and the " smaller" map, are
OF HISTORY AND POLITICS 5
also in existence; but, like Ms " earliest" map, these were
probably drawn from memory and are therefore unreliable
as to details. Excepting those sources of information fur-
nished by Marquette, little is to be learned from any of the
above regarding the particular question at issue. A brief
synopsis of Marquette7 s narrative, including all geographical
references, is here given.
It was on the 17th of May, 1673, that Joliet and Mar-
quette, with five companions, embarked at St. Ignace upon
the voyage for the discovery of the Mississippi, a fully re-
solved to do and suffer everything for so glorious an under-
taking." Three weeks later, June 10th, having crossed
the portage between the Fox river and the Wisconsin, they
launched their canoes upon the latter stream and, in the
words of Marquette, "left the waters flowing to Quebec. . . .
to float upon those which would conduct us thenceforward
to strange lands." On June 17th, just one month after
leaving the Mission of St. Ignace, they reached the mouth
of the Wisconsin and floated out upon the Mississippi in
latitude recorded as 42 i degrees. The high range of bluffs
upon the western bank and the broad meadows to the east
were noted at once. Soundings gave sixty feet of water,
and the width of the stream varied from over two miles to
less than a third of a mile. The current bore them to the
south and southeast as far as 42 degrees of latitude. Here
a marked change in the aspect of the country was observed.
The mountains and the forests had almost disappeared,
while the islands were more beautiful and covered with finer
trees. Deer and moose, bustards and u wingless swans"
(cygnes sans aisles) were seen in abundance. The great
6 THE IOWA JOURNAL
cat-fish of the Mississippi, the sturgeon, the curious and now
rare spade -fish, and the wild cat 'were also noted. Having
reached latitude 41° 28', following the same general course,
turkeys were observed to take the place of game and bison
(pisikious) appeared. Advancing to the south and south
southwest they found themselves at latitude 41 degrees and
then at U40 degrees and some minutes, partly by southeast
and partly by southwest, after having advanced more than
sixty leagues since entering the river, without discovering
anything."
"Finally on the 25th of June," continues the narrative,
uwe saw upon the water's edge, human foot prints and a
well beaten foot path leading to a beautiful prairie. We
stopped to examine it and concluding that it was a road
which conducted to some native village, we resolved to go
and reconnoitre M. Joliet and myself undertook this
discovery, rather hazardous for only two men, who thus put
themselves at the mercy of a barbarous and unknown peo-
ple. In silence we followed this foot path and after having
made about two leagues, we discovered a village upon the
bank of a river and two others upon a slope distant half a
league from the first."
The incidents and experiences of the journey do not con-
cern us. It is sufficient to note that the villages mentioned
were occupied by Illinois Indians whose more permanent
abode was upon the borders of the Illinois river. It is
only from the map that we know this meeting to have taken
place to the west, rather than to the east, of the Missis-
sippi. The name of the group of villages, as there given,
is Peourea; while Moingouena appears at no great distance.
OF HISTORY AND POLITICS 7
The first of these names survives as Peoria while the second
has been corrupted into Des Moines. The account of the
ovation given the explorers here covers only the day of
landing and the day following. Nevertheless, after devot-
ing some pages of his journal to the description of the Illi-
nois Indians, their manners and their customs, Marquette
resumes his narrative thus: uWe took leave of our Illinois
on the last of June toward three o'clock in the after-
noon.'1
Their adventures as far down as the mouth of the Mis-
souri are next described. Regarding this latter stream the
narrative says " sailing gently along a beautiful water,
clear and still, we heard the noise of a rapid into which we
were about to fall. I have never seen anything more fright-
ful,— masses, made up of whole trees and of branches, float-
ing like islands out of the mouth of the Pekitanoui^ with
such force that we could not without great danger run the
risk of passing across. The tumult was such that the water
was muddy and could not become clear. Pekitanoui is a
great river which, coming from the far northwest, empties
into the Mississippi." This can refer to none other than
the Missouri, the name here given meaning in Algonquin
" muddy water." Neither the latitude of the mouth of the
Pekitanoui nor its distance from any point already passed is
noted, though the river is entered upon the map with the
names of several villages situated along its course.
After indulging in some interesting speculation as to how
the South Sea might be reached by the Missouri, Marquette
1Upon the map the spelling is Pekittanoui.
8 THE IOWA JOURNAL
resumes: u After making about twenty leagues due south
and somewhat less to the southeast, we come to a river
named Ouaboukigou, the mouth of which is in latitude 36
degrees." Upon the map the name of this river appears as
OuabouskigoU) that is, Wabash. It is, of course, the Ohio.
Later in the narrative, after giving an account of experi-
ences and observations beyond the mouth of the Ohio, he
says: "We had descended nearly to the 33d degree of lat-
itude, going for the most part to the south, when we saw
upon the water's edge a village called Mitchigamea.m This
seems to have been the village of a warrior tribe of the same
name living near the mouth of the St. Francis river. Here
the natives were disposed to be hostile, though the peace
calumet was displayed to good effect. At last one old man
was found with whom Marquette could converse. They
could get no other answer to their anxious inquiry regarding
the distance to the sea than that they would learn all that
they desired to know at the great village of AJkamsea*
(Arkansas), eight or ten leagues further down the river.
The night was spent with the Mitchigameas. Next morning
the explorers re-embarked and were soon at Akamsea, where
they were received with unusual cordiality. This was the
end of the journey southward. The latitude, that of the
mouth of the Arkansas, is correctly given as 33° 40', the
only latitude correctly determined and recorded in the course
of the whole voyage — with one or two possible exceptions,
depending upon the interpretation given to the earlier por-
tions of the narrative.
TTkis appears as Metchigamea upon the map.
*AJcanseo>, as entered upon the map.
OF HISTORY AND POLITICS 9
The little party turned northward on the 17th of July,
just one month after having entered the river, and the tire-
some ascent was begun. Reaching the mouth of the Illinois
river, the latitude of which is given as 38 degrees, they
entered that stream, ascended it, passed the portage between
the Desplaines and the Chicago rivers and launched their
canoes upon Lake Michigan. Late in September they
reached the Jesuit Mission of St. Francois Xavier, situated
near the head of Green Bay. They had left this mission
four months previously and had traveled in the meantime
upwards of three thousand miles.
Marquette's narrative, just cited, is so vague with refer-
ence to topographical details and so inconsistent with respect
to geographical positions that little dependence can be placed
upon it, except when taken in connection with the accom-
panying map. This last will be made the subject of some-
what careful examination, its genuineness being assumed as
thoroughly established.
We have to note in the first instance that the latitudes as
given upon Marquette's map are in error, all being about
one degree too far south, except Akansea, the southernmost
point reached, which is correctly placed at 33° 40'. Here-
with is presented a carefully prepared copy (See Fig. 1) of
a portion of Dr. Shea's fac simile of the original, much
reduced. The parallels of latitude are as indicated by the
marginal figures in the original, while the meridians of
longitude are separated by intervals obtained by multiplying
the average latitude interval of one degree by the cosine of
40 degrees, the " middle latitude" — in accordance with a well
known mathematical principle. The meridian of 91 degrees
10 THE IOWA JOURNAL
has been placed near to the mouth of the Wisconsin, its true
position. On the right hand margin of the map Marquette's
latitudes are indicated. On the left these latitudes have been
increased by one degree; so that, if read from this margin,
Marquette's map has been lifted bodily one degree in lati-
tude. The dotted sketch on the left of the map represents
the true course of the Mississippi and, presumably, those
tributaries which are noted by Marquette. The longitudes
along the lower margin, to the left, refer to this dotted
sketch only. A comparison of Marquette's river with the
true course of the Mississippi shows that his plot is a mar-
velously accurate one, as far down as the mouth of the
Ohio. Inasmuch as means of determining longitude by
portable instruments were not available in Marquette's day,
we can only explain the accuracy with which his longitudes
are plotted by supposing that careful note was taken, at
least until the latter part of the voyage down stream, of
distances and courses sailed. Otherwise, it is impossible to
explain the close conformity exhibited by the accompanying
illustration.
This discrepancy of one degree in Marquette's latitudes
would seem to demand explanation. Let it be noted that
the complete map includes a large portion of Lake Superior,
St. Mary's river and the straits of Mackinac, regions well
known to Marquette and the other Jesuit missionaries of
the time. Accompanying the Jesuit Relation of 1670-1,
prepared by Dablon, is a map of this upper lake region
entitled, Lac Superieur et autres lieux ou sont les Missions
des Peres de la Compagnie de Jesus comprises sous le nom
d1 Outaouacs. Without doubt Marquette was familiar with
Iflls
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OF HISTORY AND POLITICS n
this map, which was probably the work of some of his own
associates. It is even conceivable that he sketched the
upper portion of his own map directly from it. The fact
that it includes, among others, the altogether irrelevant en-
try, Chemin au Assinipoualak a 120 lieus vers le Nordouest,
which also appears upon the map of 1670-1, seems to con-
firm this theory. Now upon this map of 1670-1 the lati-
tudes of Mission du St. Esprit, of Mission de Ste. Marie,
of St. Ignace and of the Pottawattomie village at the head
of Green Bay, near to the Mission of St. Francois Xavier,
are exactly as recorded upon Marquette's map. Whether
the mistake is due to the defective astrolabe of some Jesuit
geographer, or to some other cause, does not concern us.
The error is evidently reproduced in the upper portions of
Marquette's map and, supposing that his map was plotted
by udead reckoning," would naturally be propagated far
down the Mississippi.
Certain it is that the latitudes upon the map do not agree
with those given in the narrative. Moreover, those para-
graphs describing the voyage from the time at which the
explorers entered the Mississippi up to the time of landing
near Peouarea are utterly irreconcilable, so far as the lati-
tudes and directions are concerned, with the true course of
the Mississippi. Neither is it possible to interpret them at
all satisfactorily upon the assumption that some of the lati-
tudes were correctly given by Joliet while others are of
Marquette's own determination.
While the journal does not specifically state that the lati-
tude vaguely given as U40 degrees and some minutes" is
that of Peouarea, it is evident from the map that this is to
12 THE IOWA JOURNAL
be understood. The estimated distance traversed since en-
tering the Mississippi — over sixty leagues — is as indefinite
as the estimate itself is uncertain. If twenty leagues be
counted to the degree, in nautical fashion, the distance is
above 207 statute miles. This would indicate as the place
of landing some point on the river near Port Louisa in
Louisa County.1 The latitude of this point is about 41° 12',
which is something over a degree greater than that of
Peouarea as given by Marquette's map and nearly the same
amount greater than that inferred from the narrative. The
stream entering here from the west, as shown in the sketch
of the true course of the Mississippi, is the Iowa river.
The same error of one degree in latitude appears upon
Marquette's map in the location of the broad curve between
Keokuk and Quincy, by which the course of the Mississippi
changes from southwest to southeast. The mouths of the
Illinois, the Missouri, and the Ohio rivers are also plotted,
each one degree south of its true position. Finally, the lati-
tude of Mitchigamea is given in the narrative as 33 degrees;
while that of the southernmost point reached, Akamsea,
"eight or ten leagues" below, is correctly recorded as
33° 40'. This last station is set down in its true position
upon the map, as is also Mitchigamea, thus shortening the
river stretch between the mouths of the Ohio and the Ar-
kansas by about one degree.
Whether Marquette's erroneous latitudes were kept by
"dead reckoning" or determined with a defective instru-
irThe distance by the river from Prairie dti Chien, about three
miles above the mouth of the Wisconsin, to Port Louisa is given by
the managers of the Diamond Jo Steamboat Line as 212 miles.
OF HISTORY AND POLITICS 13
ment (probably an astrolabe), possibly the same instrument
that had been used by his Jesuit brethren in observing the
latitudes upon the Upper Lakes, is immaterial. The uni-
formity of the error throughout the whole course of the
voyage, even down to the last recorded position, would
indicate the use of an instrument whose readings were sub-
ject to some constant error.1 In any case such correct
positions as are recorded in the narrative may have been
determined by Joliet, whose skill in such matters does not
admit of doubt.2
Whatever may be the true explanation of the latitude
errors of Marquette's chart nothing can more clearly prove
that it is an actual plot, made during the course of the voy-
age, than the manner in which he abridges the last stretch
of the river and ends its course abruptly at latitude 33° 40'.
There is no speculation as to its course either below that
point, or above the point at which the stream was first
entered. Whatever discrepancies may have found their way
into his narrative as a result, it may be, of " comparing
notes" with Joliet, Marquette's chart is genuine, consistent,
and honest. In the accompanying diagram (See Fig. 2) the
comparison of the latitudes of all identifiable stations, as
1 While speculation in such matters is, of course, quite useless, it
may be noted that such an error as that with which we have to deal
may be accounted for by supposing that the "loop," by which the
astrolabe is hung from the thumb of either hand when in use, may
have been broken off at some time and carelessly repaired. The
error might have been eliminated by holding the instrument first
with one hand and then with the other.
2 Joliet was for many years of his subsequent life the chief hydro-
graphic officer of New France.
14 THE IOWA JOURNAL
given on Marquette's map, with their true latitudes, as
taken from a modern chart, is rendered simple and easy.
It is evident at a glance that the river at whose mouth
Marquette locates Peouarea can correspond with no other
considerable stream than the Iowa. Attention should also
be called, perhaps, to the southern "dip" of the Iowa, on
the one hand, and of the stream indicated by Marquette on
the other.
One of the principal grounds for locating the Illinois vil-
lages in question at the mouth of the Des Moines river
seems to be the fact that the name Moingouena appears
upon Marquette's map not far from Peouavea. While it is
highly probable, if not quite certain, that Moingouena was
gallicized into Des Moines, it is by no means clear that
Marquette's Moingouena was meant to be placed upon the
same stream as Peouarea. It appears, rather, at some vague
distance across country among the ' 'Noms de Nations esloig-
nees dans les Terres." Inasmuch as Marquette mentions
only three villages in his narrative, all of which are repre-
sented at Peouarea by the conventionalized tepees used
throughout the map to indicate Indian villages, it is prob-
able that he knew of Moingouena only by hearsay, just as
was the case with numerous other villages whose positions
he took some pains to record. This tribe may therefore
have been located, even at this time, upon the banks of the
river which still bears its name.
Though the maps of the Mississippi sketched by Joliet,
probably wholly from memory, cannot be relied upon in
detail it is interesting to note that upon the " larger" and
"smaller" maps not a single western tributary to the Mis-
MARQUETTE'S
LATITUDES
j TRUE
I LATITUDES
St. Esprit
Ste. Marie
/St. Ignace
Folle Avoine
Pouteoutami
Mascoutens
Peon area
R. Pekittanoui —
R. OuaboiisMgoii —
Akamea
— 46
— 45
Pt. Sable, Green Bay
— 44 Berlin, Wis.
— 43 Month of Wisconsin R.
42 GPt Easfn Jieti d of Miss.
Wo/psipinicon River
— 41 Iowa River
Was libun i , Wis .
Sault de Ste. Marie
St. Ignace
Menominee* Wis.
GPt. Western Bend of
Miss.
— 40
„ Illinois River
Missouri River
— 38
37 Ohio River
36
— 35
— 34
Arkansas River
^- 33(
FIG. 2. A diagramatic comparison of Marquette's latitudes with the true latitudes of all identifiable
stations shown upon his map. The dotted lines refer to stations other than those along the Missis-
sippi, some of which do not appear in Fig. i. The interrupted line is drawn from Peouarea upon the
assumption that the stream indicated at this point upon Marquette's map is the Iowa river.
OF HISTORY AND POLITICS 15
sissippi is shown between the mouth of the Wisconsin and
the Missouri river. His map of 1674 (the "earliest") does
show a western stream occupying a relative position cor-
responding roughly with that of the Des Moines river.
Along this stream appear tepees representing five villages
and bearing the legends: Illinois Peouarea 300 Oabanes
180 canots de bois de 50 pieds de long, Atontanka, Pana,
Maha and Paoutet. The name Moingouena does not ap-
pear, and is only remotely suggested by Minongio, the
westernmost of five villages ranged along the Missouri
river.
Franquelin's Carte de Louisiana (1684) places Moingoana
upon a western tributary which we may assume to be the
Des Moines while Peouereo is at the mouth of a stream
further north. This latter stream, however, corresponds
more nearly with the Wapsipinicon than with the Iowa;
since, between its mouth and that of the Des Moines (?), the
Kickapoo, now known as Rock river, enters the Mississippi
from the east.
It must be borne in mind, in any case, that Iowa was not
the permanent abode of either the Peouarea or the Moin-
gouena Indians, and it is by no means certain that either
tribe, in its frequent sojourns to the country across the Mis-
sissippi, always resorted to the same western tributary. It
does not follow, therefore, that the location by Marquette
of the Peouareas and the Moingouenas upon the same stream
in 1673, even if he so intended, gives any indication that the
stream in question is the one which today bears the name of
the latter tribe.
There is no evidence whatever, then, to show that the
1<3 THE IOWA JOURNAL
stream at whose mouth Marquette places Peouarea is other
than that indicated by a careful study of his chart, viz. , the
Iowa river. This being the case Louisa County, not Lee
County, must henceforth be regarded as including within its
limits the scene of the opening incident in the history of
our Commonwealth.
LAENAS GIFFORD WELD
THE STATE UNIVERSITY OF IOWA
IOWA CITY
THE POLITICAL VALUE OF STATE
CONSTITUTIONAL HISTORY
The organic laws of the states comprising the American
Union illustrate the principles of political evolution. Their
elements are the elements which lie at the foundation of
civil society or the social organism, as that organism is
understood in all countries in which men are citizens of a
state — not subjects in an empire.
It is always difficult to fix political values: it is even
more difficult to agree upon them after the choice of
elements has been made. The political value of state con-
stitutional history will be measured according to the impor-
tance attached to the elements which comprise that history.
An enumeration of a few of the principal elements will clear
the way for a just estimate of the value of a knowledge of
the courses and character of the civil evolution of the com-
monwealths.
The form of the state, as that term is understood in
America, has remained apparently unchanged from the
beginning of our state history. Now as then the functions
of the state are classified as legislative, executive, and judi-
cial. Now as then the three sets of functions are approxi-
mately separate and severally independent. Now as then the
public business is conducted according to general provisions
plainly set forth in written constitutions. But the idea,
the concept of the state has changed. The first state con-
18 THE IOWA JOURNAL
stitutions, made amidst the turmoil of the Revolution, differ
notably from the last, made amidst the stress of racial and
industrial agitation. Yet, throughout the history of the
states, a few civil elements have been the factors in debate,
in reform, and in social evolution. They are principally
these: (1) Representation. (2) The suffrage. (3) Cor-
porations. (4) The relation and definition, severally, of
legislative, executive, and judicial powers. (5) The direct
participation of the electors in the government of the state,
that is, in the direction and control of the public business.
(6) The gradual definition of inter -state and federal rela-
tions.
The constitutional history of the American people is
largely the history of these elements. Congress, the Presi-
dent, and the Federal Judiciary are not the only elements in
our political evolution. It requires little reflection to satisfy
the claim that the state governments are closer to the
people than is the federal government. Hamilton pointed
this out in the Federalist, and it is confirmed by the experi-
ence of more than a century.
Representation in the federal government is by states,
though it is not regulated by them. The President is chosen
not by the popular vote alone, but by the electoral vote of
the states.
A senator of the United States, or a representative in
Congress, is an elector in the state which he represents.
The people in a congressional district would not elect a
representative who was not a resident of the district; a state
legislature would not choose as a senator of the United
States a non-resident of the state. The dominant idea of
OF HISTORY AND POLITICS 19
local representation runs through American political institu-
tions— a contrast at this point to the British constitution.
An English constituency may elect a non-resident as its
representative in the' House of Commons. The practice in
America would not tolerate this. At no time has constitu-
tional reform in this country hinted at the adoption of the
English practice. On the contrary, every change in the
form and basis of representation in America has intensified
and strengthened the spirit of local representation. In the
first state constitutions (those in force during the 18th
century — and they were twenty-seven in number) the chief
object sought in the provisions on representation was a full
and complete representation of the people in local communi-
ties— towns or townships, in the northern states; counties
and cities, in the southern; and the basis was, not the num-
ber of voters, but the number of communities. The locality
or settlement was in the mind of the framers of these early
organic laws when they provided for choosing the legislative
body. Equality in representation was supposed to consist
in allowing each town or township, or county one member
because of its communal character. The number of repre-
sentatives greater than one apportioned to a community was
regulated by population. This early arrangement has been
modified but never radically changed. The struggle for
proportional representation, (illustrated in the constitution
of Ohio of 1851, of Illinois, 1870, of Pennsylvania, 1873,)
the record of which is preserved in the convention debates,
gives no intimation of a desire to change the principle of
local representation. But these debates, and others in other
states at divers times, plainly show the strong entrench-
20 THE IOWA JOURNAL
ment of the local element in our system of representation.
This element lies deep in our civil foundation, and our
political institutions cannot be made intelligible without a
clear understanding of it.
The expression of this local element has been the subject
of political agitation and constitutional reform from an early
day in our national history. Down to 1820 the basis of
representation was property, not persons. The concept of
the state was that of a conserver of property. In the
Massachusetts constitutional convention of 1820 the prop-
erty basis was defended by John Adams, Joseph Story, and
Daniel Webster with arguments which carried the day.
The basis of persons was defended by Levi Lincoln in an
argument which proved prophetic. Madison and Marshall
and Monroe defended the property basis in the Virginia
convention of 1829; and the idea that, as Webster ex-
pressed it, "the true basis of government is property,"
again prevailed. At this time there were more than 80,000
white men in Virginia whom poverty — and poverty alone
— disfranchised. As late as 1835 Congress prescribed a
property qualification for voters in new territories. The
struggle to abolish the property basis culminated at the
time Michigan (1837), Iowa (1846), and Wisconsin (1848)
were admitted into the Union. The debates in the several
conventions which framed the first constitutions oi these
states record the triumph of persons over property as the
true basis of government. This reform was economic and
incident to the necessities of free labor and pioneer condi-
tions.
Until well down to the year 1840, property qualifications
OF HISTORY AND POLITICS 21
in some form limited the number of voters in the states.
But the struggle for a human basis for government, fought
for half a century and more in the states, in no way affected
the dominating idea of local representation. To secure this,
many reforms and much agitation were preliminary. Rural
and urban districts contended for the control of the state,
and the constitutions from 1800 until the present time are
witnesses to the intensity of the contest. The rural districts
invariably have won, as exemplified in the New York con-
stitution of 1894, and the Pennsylvania constitution of
1873. The Mississippi instrument of 1890 may be studied
as an effort to secure the equities of representation by sub-
dividing the state permanently into great sections, each
composed of counties, and apportioning a fixed number of
representatives to each section.
But every state constitution thus far adopted — and the
aggregate is one hundred and fifteen — affords material for
the study of this difficult problem, the violent solution of
which is the gerrymander. As yet, the complete solution
of the problem seems a great way off. The presence of two
races has made the solution difficult in the southern states.
In 1865 the "restoration" conventions, of which that of
South Carolina was a type, excluded the African race from
the basis of representation; and largely because of this ex-
clusion Congress rejected these constitutions and passed the
reconstructive acts. Before these acts only white persons
had been electors, save in five states; and in two of these
(North Carolina and Tennessee) negroes were eliminated
from the voting population as early as 1835-6. As late as
1867, Ohio, Michigan, Nebraska, and New York by reject-
22 THE IOWA JOURNAL
ing proposed constitutional provisions, refused to place the
negro on a political plane with the white man. The partial
elimination of the negro from the body of voters in Missis-
sippi in 1890; in South Carolina in 1895; in Louisiana in
1898; and in Virginia in 1902 — called by some "the nulli-
fication of the fifteenth amendment" — is a phase of more
recent civil evolution strictly in harmony with the practice of
all save four of the states before the war. To understand this
partial and notable return to the " white man's government
of the fathers" one must study the debates in the conven-
tions. Whether or not we are in sympathy with recent
constitutions which exclude negroes from the suffrage, it is
from these constitutions that a political change dates which
is likely to overspread the former slave-holding states. It
is notable that no state in its recent attempt at a solution of
the race problem has excluded the negro from the basis of
representation. Thus far Congress in taking no action in
the matter has adhered to the principle that the suffrage is
wholly within the control of the several states. In 1868
Congress reconstructed the South because, inter alia, it ex-
cluded the negro from the basis of representation. Will it
ever attempt to reconstruct a state because it excludes the
negro from voting because he is a negro? The recent con-
stitutional history of the southern states in time of peace is
a partial answer to this question.
Representation and the suffrage are inseparable elements
in constitutional government; but the extent, the quality,
and the completeness of the one, and the right to exercise
the other are determined by the people of a state them-
selves. At least this is the American practice.
OF HISTORY AND POLITICS 23
The history of the suffrage in America is recorded in the
organic laws of the states. Congress has prescribed the
qualifications of the voters in territories. For a short time,
and for a particular purpose, Congress prescribed the elec-
toral qualifications in ten of the southern states by the re-
construction acts. This is the only instance of congressional
interference with such qualifications in a state; and the
interference was defended as a necessary exercise of the war
powers in order to protect the negro race and to establish
loyal governments in these states.
All the judicial decisions support the proposition that
each state has the exclusive right to regulate the suffrage
within its borders, subject only to the constitution of the
United States.
No man can follow the career of the political parties in
America intelligently unless he familiarize himself with the
agitators for reforms and the changes in the organic laws of
the states respecting the suffrage. These laws of the eight-
eenth century restricted the suffrage to white males of the
age of twenty-one or more, who had resided in the district,
town, or state (six months to a year); who possessed real
estate (of the value of £10 to .£50); and who professed a re-
ligious belief as prescribed by law. By the letter of the law
a few negroes might vote in ten states — New Hampshire,
Vermont, Massachusetts, New York, New Jersey, North
Carolina, Tennessee, Rhode Island, Connecticut, and Penn-
sylvania. Women voted for thirty years under the first con-
stitution of New Jersey. Women suffrage was, however,
an accident arising from a broad construction of the word
u inhabitants;" and the New Jersey act of 1807 put an end
24 THE IOWA JOURNAL
to the privilege. Negro suffrage, until the era of reconstruc-
tion and the adoption of the fifteenth amendment in 1870,
was not a characteristic of American institutions. At the
time of the adoption of this amendment the Union consisted
of thirty-seven states. In the constitutions of thirty-one
of these the elector was described as a white man. Five
New England States and Kansas, "the child of New Eng-
land in the West," omitted the discriminating word. The
use of this word as descriptive of the elector in the organic
laws of nearly all the states, until thirty years ago and less,
suggests how deeply imbedded in the public mind was hos-
tility to negro suffrage. At the present time the word
white remains in the constitutions of Michigan, Ohio, Ore-
gon, Nevada, and Maryland; and though meaningless, by
the fifteenth amendment, it is a suggestive vestige .-of the
dominant thought of past generations. The altruism of war-
time conferred the suffrage on the negro. In 1890 Missis-
sippi disfranchised many negroes by requiring a poll-tax
and an educational qualification in the nature of an "under-
standing clause, " which is administered by a political party.
South Carolina followed in 1895; Louisiana in 1898; Ala-
bama in 1901; and Virginia in 1902. South Carolina ex-
cluded many negroes by an elaborate registration provision;
Louisiana and Virginia, by a u grandfather clause. "
The precedent of negro suffrage limitation thus revived
recalls the practice of the republic during the first century
of its history. It suggests that even the cataclysm of war,
though it may displace, cannot destroy the basis of political
connections. It suggests that racial differences cannot be
eliminated by verbal amendments of a national constitution.
OF HISTORY AND POLITICS 25
The political value of state constitutional history is here
exemplified and may be hinted at. To understand the
recent action of some southern states, in the regulation of
the suffrage, one must know their economic and social con-
dition, the course of their civil development, and the tradi-
tions and precedents which have dominated their organic
laws.
One must remember that hostility to the negro, whether
as a political factor or merely as a being present in a state,
has been at some time characteristic of nearly every state
in the Union. California was hostile to him in 1849 and
Oregon more hostile ten years later. Even liberal Iowa, in
1844, declared that it could "never consent to open the
doors of our beautiful state and invite him to settle our
lands. — The ballot box would fall into his hands and a
train of evils would follow that would be incalculable. —
There are strong reasons to induce the belief that the two
races could not exist in the same goverment upon an equality
without discord and violence," &c., <fec. Similar language
may be found in the constitutional records of other northern
states — notably Pennsylvania, Ohio, Michigan, Illinois,
and Wisconsin. And yet in no one of these states has the
negro population at any time been sufficient to constitute a
determining factor in any public question. Public senti-
ment was hostile to the race in these states. Would it now
be hostile if the two races, whites and negroes, divided the
population of these States as in Virginia, South Carolina, or
Louisiana?
In recent years public opinion at the North has given
little evidence of anxious care for the political fate of the
26 THE IOWA JOURNAL
negro. Eminent writers now boldly pronounce " Recon-
struction" a failure, and by Reconstruction is understood,
primarily, the extension of the suffrage to the negro. One
who knows the constitutional history of the states, who
recalls the record which the people have made in the com-
monwealths respecting the two races, is tempted to imagine
whether the twentieth century may not witness such a revo-
lution of the political elements in America as will, perhaps
under a changed name, restore " white supremacy" according
to the old precedents and place the negro race, with notable
individual exceptions, in a condition of civil freedom, but
of strictly limited political privilege. And he is further
tempted to inquire, basing his inquiry not only on the con-
stitutional history of the states, but also on the history of
nations, whether the explanation of this conduct will not lie
in that racial antagonism, prejudice, and antipathy, evidence
of the existence of which is cumulative from the dawn of
history.
The course of nature may perhaps for a time be modified
by man, but the elements reassert their power; the breach is
healed; the chasm bridged; the dislocation adjusted. The
organic laws of the states illustrate a civil evolution which
goes on in spite of the vagaries of men. "Things," says
Emerson, "refuse to be mismanaged long." The political
organism as disclosed from time to time by the necessary
provisions of law show how firmly seated are the distinctions
which, drawn however rudely, are recognized in the organic
law. The political value of the study of this law consists
in the interpretation of social and industrial conditions; and
each interpretation, made as it may be after large considera-
OF HISTORY AND POLITICS 27
tion or amidst the turmoil of civil war, can be little more
than an experiment, an attempt to realize the purposes of
society as they are understood by discerning men.
The extension of the suffrage to the negro was the most
remarkable civil phenomenon of the nineteenth century in
America. It is supposed by many to have occurred solely
through the agency of the federal government. Some of the
states of the former slaveholding group abolished slavery
before Congress proposed the present thirteenth amend-
ment; but a majority of the southern states were brought
into approval of negro suffrage only by the coercion of the re-
construction acts.
New York, New Jersey, Ohio, California, and Oregon, to-
gether with Delaware, Maryland, Kentucky, and Tennessee
were, in the aggregate, hostile to negro suffrage when the
fourteenth and fifteenth amendments were before the peo-
ple, though the first three named ultimately ratified. The
discussion of negro suffrage by state constitutional conven-
tions, while Congress was discussing the subject, show that
the extension to the negro of the right to vote was a war
measure, like the emancipation proclamation, and was not
made in confidence that the negro was capable of exercising
the right or that his exercise of it would remove racial preju-
dice. In brief, the debates in the state constitutional con-
ventions anticipated the public thought of the present time
on this subject with keener insight than did the debates in
Congress. Few students of American institutions seem to
be aware of this, and the opinions of the political leaders in
Congress from 1860 to 1870 have been exploited as the
dominant thought of the people. For instance, the discus-
28 THE IOWA JOURNAL
sion of the negro question in the Mississippi constitutional
convention of 1865 should be read in connection with that
in the convention of 1890; the discussion in South Carolina
in the convention of 1865, with that in the convention of
thirty years later; and the discussion in Louisiana in 1864,
with that of 1898. A yet more comprehensive knowledge
of the race question may be had by reading the Kentucky
debates of 1849 in connection with those of 1891, and the
California debates of 1849 with those of 1879. Nor will
the study be complete without an examination of the dis-
cussion made in the New York conventions of 1821, 1846,
and notably of 1867-8.
Other states and many other constitutional conventions
might be cited, from which might be gathered the opinions
of various groups of people concerning the negro. To one
familiar with the history of the suffrage as it is disclosed by
the organic laws of the states since 1776, the present apathy
of the American people to the exclusion of the negro from
exercising the right to vote seems in strict harmony with the
precedents, traditions, the constitutions and laws approved
again and again in all parts of the Union down to the time
of the Civil War.
I have gone at length into this phase of the subject because
it illustrates clearly the force of habit in political thought
and the ultimate supremacy of inherited notions over polit-
ical convictions suddenly formed as in war time. The
pendulum of politics ever tends to its normal swing. Over
against this tendency to reversion to long established ideas
must be measured the mighty force of moral sentiments as
set forth, however radically at times, by reformers. These
OF HISTORY AND POLITICS 29
sentiments, emanating from whatever source — as the teach-
ings of religion, the dicta of philosophers, or the convictions
of national experience, — are the imponderable forces in polit-
ical affairs. They frequently out- weigh tradition and prece-
dent; and the arguments heard in Congress and in conven-
tions, and in times of profound moral awakening, transform
a people and lift them to a higher level. It is necessary,
therefore, while attempting to translate the organic laws of
the states into political wisdom, to keep ever in mind the
moral aspects of national life. Because, at present, the
American nation is reversing its late practice of extending
the suffrage to the negro, it does not follow that for every
denial of justice, justice shall be denied.
The exercise of the suffrage is a privilege, not a right.
Racial discrimination is a mixed problem of right and ex-
pediency; and it is such a problem which the people of the
states have been attempting to solve now for more than a
century.
The political value of state constitutional history lies
largely in the range of a man's thoughts. It might seem,
if the history of the suffrage be taken as an illustration,
that without a familiar knowledge of the organic laws of
the states and of the conditions prevailing at the time of
their formation, no one can hope to understand the present
aspect of great public questions.
Webster's Plymouth oration of December 22, 1820, con-
tains a long and notable discussion of u property, the basis
of government," which was first spoken by him -in the
Massachusetts convention a few weeks before. It remains
the ablest defense of the old order of things. The exten-
30 THE IOWA JOURNAL
sions of the basis of representation, which constitutes one of
the reforms of the first half of the nineteenth century, swept
away religious and property qualifications for voting and
further emphasized the spirit of individualism — personal
liberty and independence — which have always characterized
American political institutions. This spirit early demanded
the extension of the suffrage to women. The agitation
began in New York in 1845, and within five years over-
spread New England and Ohio. As yet, however, woman
suffrage was in the stage of mere debate. That debate has
never been abler than in the New York convention of 1846,
in the Ohio of 1851, and in the Massachusetts of 1853. In
practical politics reforms or striking changes are made
ofttimes many years after the reasons for them have been
most ably marshaled in debate. It was so with woman
suffrage. Not until 1889 did a state (Wyoming) extend to
woman the same civil and political privileges which are
extended to men; but the convention debates in Wyoming
fail to record any notable or even final discussion of the
subject. That had been made more than forty years before.
It is to the speech of George William Curtis in the New York
convention of 1846 that one must turn for the classical
defense of woman suffrage. At the time of its utterance
it provoked only derision — scarcely less derision than did
Horace Greeley's support of the same cause in the conven-
tion. In 1896 one of the presidential electors in Wyoming
was a woman. The propagandists of 1846 dreamed of a
smaller triumph. Their triumph has been respectable even
politically. No fewer than eighteen states allow women to
hold offices (usually educational), and in nine states she
OF HISTORY AND POLITICS 31
may vote. This innovation in government is strictly an
affair of the states. Its social aspects and its economic
significance can be understood only by the study of the con-
stitutional history of the states. Nor has the innovation
been " merely a political disease in some of the northern
states." The change has affected public sentiment at the
South. Louisiana and Tennessee elect women to school
offices, but no southern state allows a woman to vote. The
reason for the denial may be found in the debates in Missis-
sippi in 1890, and in Kentucky in 1891. In these, as in
other southern states, the woman suffrage movement en-
countered social obstacles. uThe ballot-box will humiliate
woman," uwill unsex her," was the objection in Mississippi;
and the objection was sustained there and elsewhere in the
South.
He who would understand the woman suffrage movement
must tarn to the constitutional history of the states. He
will discover that the extension to women of the right to
vote in a group of northern states from the Mississippi to
Oregon, and its denial commonly at the South are due, pri-
marily, to different economic conditions. The extent of the
innovation indicates, in several terms, the degree to which
women have shared the industrial responsibilities of men
and also the political means of regulating them.
About the time when religious and property qualifications
were disappearing an agitation for the establishing of state
banks swept the country. It culminated in the crash of
1837. That rude awakening set the fans of reformers in a
new direction, and the cry arose for the control of corpora-
tions. That cry is still heard. Again, one must turn to
32 THE IOWA JOURNAL
the constitutional history of the states if he would under-
stand the source and the course of one of the epoch-making
agitations in American life. Stripped of non-essentials, the
attempt during the early thirties was to utilize the power
of the state for the purpose of supplying the people with
banking facilities. Very quickly the people discovered that
the power of the state was used solely for the benefit of the
the banks. In 1846 New York discussed and instituted a
great reform, whose saving quality has affected all later
legislation and constitutional provisions — the responsibility
of bank directors and the inspection and regulation of bank-
ing operations by the state. The reform speedily over-
spread the country, and was embodied in the constitutions
of new states, notably of Wisconsin, Iowa, Minnesota, and
Oregon, and in the new constitutions of older states, as
in Illinois, Michigan, and Ohio. Later when the federal
government took up the problem of national finance at the
outbreak of the Civil War, Congress modelled the national
banking system on the New York plan, utilizing the severe
experience of the states to secure a sound fiscal system.
The grinding necessity of the nation at a critical period
utilized the constitutional experience of the states. But the
federal government, when it went into the banking business,
perpetuated an old error (so one political party claimed):
it created a monopoly greater than the aggregate of little
monopolies which existed under the state-banking acts.
And at this point is the parting of the political roads.
Whether or not an American believes in our national bank-
ing system, he must, in order to appreciate its value as well
as to know its origin, turn to the early constitutional history
OF HISTORY AND POLITICS 33
of the states. Before demanding forty-five state banking
systems to one national system lie should acquaint himself
with the history of state banks and banking down in 1862.
The New York provision of 1846 regulative of banking
corporations inaugurated the attempt to protect the people
against monopolies, which has culminated thus far most
notably in the elaborate articles on the subject in the con-
stitutions of the new states of the Northwest. It is to the
Dakotas, Idaho, Montana, and Wyoming that the student
of American politics must turn for a discussion of the rela-
tion of the state to trusts and monopolies. The people of
the Northwest have felt the burden of corporations: whence
the political value of the constitutional history of this por-
tion of the Union. Remote from the great markets of the
world the people of the Northwest, who produce a large
part of American cereal supplies, have contended with
monopolies in the form of public carriers, speculators, cre-
ators of u corners," and money lenders. The contest com-
prises the most notable experience of the kind in our history.
The race problem at the South and in California has proved
no more perplexing. The influence of trust and monopolies
has not been limited to the Northwest as the debates in New
York in 1894 show.
The framers of a state constitution do not insert a provi-
sion on every subject they discuss. The organic law of a
state is seldom a mirror of convention debates; but conven-
tion debates quite accurately reflect public opinion. Even
the vagaries of delegates exploited to wearisome length in
convention speeches do not divest the proceedings of polit-
ical value. The organic law emerges not infrequently from
34 THE IOWA JOURNAL
a dense fog of convention talk, the obscurity of which seems
not worth penetrating; but there is some light amidst the
darkness of speech, the light which gives political value to
state history.
From the beginning of that history there have been at-
tempts to define and regulate the traditional three-fold
powers — or functions of the state — legislative, executive,
and judicial. Elemental in this attempt was the agitation
to limit the field of legislative action. The evidence of
this is found in the ever lengthening list of inhibitions on
special legislation. Some of the later constitutions enumer-
ate no fewer than eighty subjects which must be regulated —
if regulated at all — by general legislation. The primary
cause of this limitation is public economy. The first con-
stitutions clothed the legislatures with general powers; and
straightway abuses followed, the nature of which may be
detected by glancing through the constitutions adopted
since 1870. Over-legislation is the misfortune of the states.
Democracy trusts to laws rather than to men. No one can
understand the evolution of American politics who neglects
the history of state legislation. Indeed much national legis-
lation is no less than a generalization, in statutory form,
from acts of assembly, as for instance the inter-state com-
merce act.
The struggle to define executive authority has resulted in
a wide extension of the power of governors compared to
that granted under the first constitutions. The extension
is only a part of that increase of executive power in practice
which has been going on in the federal government. The
President of the United States is today a personage of higher
OF HISTORY AND POLITICS 35
authority than was that person during the early years. The
attempt to convict Andrew Johnson of high crimes and mis-
demeanors marked the culmination of the struggle between
the legislative and the executive in the national government;
and the executive triumphed. President McKinley exercised
an authority, when he directed public affairs at the outbreak
of the Spanish- American war, such as our Presidents in an
earlier day would have hesitated to assume because of the
interpretation of the constitution then prevailing. The
President of the United States possesses and exercises an
authority greater than that vested in the chief executive of
any other country in which constitutional forms are observed.
The growing practice in the states parallels that of the
United States. If one will turn to the articles on uthe ex-
ecutive" in the successive state constitutions he may easily
trace the growth of the authority of governors. The first
constitutions made the governor merely a military figure-
head because of the prevailing hostility to monarchial
authority. Before half a century had passed the public
mind had detected the perils of an unlimited, unrestricted
legislature, and the process of enlarging executive powers
was well under way. The practice in the federal govern-
ment conforms to the practice in the states in this respect,
and the constitutional history both of the states and the
United States points to the same political lesson. The pub-
lic demands the fixation of responsibility in government;
and the executive is that power which easiest responds to
the demand. Americans are willing to grant large authority
to presidents and governors, at the same time holding them
responsible in order to secure the ends of government.
3$ THE IOWA JOURNAL
If we look for the record of the public mind as it has
expressed itself on the extension of executive powers, we
must turn to the discussions in the state constitutional con-
ventions, and notably those which have assembled since
1850. There we find ample defense and equally ample
denial of the wisdom of the change. There is but one state
in the Union in which the governor does not by the consti-
tution as first framed possess the veto power — a defect later
corrected by amendment. Perhaps no better illustration of
the exercise of authority by a governor can be given than
the practice in Pennsylvania. The governor of that com-
monwealth is empowered by the constitution to veto any
item of an appropriation bill. In practice the governor not
only vetoes items, but changes the appropriations, cutting
down the several amounts according to his judgment. Yet
the constitution contains not one word of authority for this
practice. In later years the people seem to rely on the
governor to protect the treasury.
Contemporaneous with the limitation of legislative and
the extension of executive authority has been the change in
the election and the term of office of the judiciary. The
states began, like the United States, with an appointive
judiciary serving for life or for a long term of years. The
appointive system and the long term of office have been
quite discontinued, and chiefly since 1850. The spirit of
federalism found its last stronghold in the judiciary; but
democracy has routed it all along the line. Nor was the
attack unsupported by reasons. If he who seeks them will
turn to the constitutional history of the states (for example,
to the Kentucky convention of 1849, or to the Louisiana of
OF HISTORY AND POLITICS 37
1864), lie will discover evidence of the power of that fierce
democracy which underlies American institutions. He will
find the seeds of discontent which ripen into change and
innovation; and atove all he will learn why no political
party in American for fifty years has successfully advocated
an appointive judiciary. He will also learn the primary
cause of the present popular disregard, not to say contempt,
for courts and their proceedings. Americans have made
havoc with the traditions of the ermine. Nor has it been
merely by substituting an elective for an appointive judici-
ary, and a short term for a life tenure, that the position of
the judiciary in America has been shaken. Crimes and
misdemeanors have been encouraged by the creation of
boards of pardon and by the provision for appeal incident
to the multiplication of courts. The judiciary has fallen
into the power of party politics. Few are the states in
which this has not occurred. The student of criminology
in America will not neglect the records which the state con-
stitutional conventions usually make of long discussions
culminating in provisions for boards of pardon, boards of
revision, and the like, which are authorized to nullify the
decisions of our state courts of last resort. The practical
effect is the miscarriage of justice, the encouragement of
the hopes of criminals to escape the penalties of the law,
and the confusion to society arising from the subordination
of judicial findings to political ends. Already the evil con-
sequences of this constitutional interference with the course
of justice clearly point out the need of rational reform, one
of the first steps toward which is the abolition of boards of
pardon and the restoration of final authority in criminal
38 THE IOWA JOURNAL
cases to the courts of law. The creation of boards of par-
don is not proof of the extension of executive power, but
rather of its curtailment. It may seem at first thought par-
adoxical that the two changes should have been made in
the same period. The boards owe their existence in part
to the abuse of executive clemency, but more to public
resentment at the tyranny of politics. Many an offender
has been pardoned after a fair trial and just conviction
because of his influence with the party in power. Ameri-
cans seem incapable of understanding that crimes and mis-
demeanors are not a party prerequisite. Government — the
public business — is commonly considered as identical with
the party which may be in power. The protection of life
and property as an unchangeable obligation, the supremacy of
the law, and the punishment of evil doers are often strangely
confused with the opportunity of party politics. The acces-
sion of party to power has at times meant not only an exit
of office-holders, but a jail delivery of notorious offenders.
The evil spirit dominates our criminal system and finds no
serious obstacle in a board of pardons.
For many years a movement toward the direct participa-
tion of the electors in government has been strengthening in
the states, taking the form of the referendum. This term
is quite unknown to the American voter, but he is becom-
ing more familiar with the principle which underlies it.
The first application of the referendum in America was
in the submission of a state constitution for ratification or
rejection, and this continues to be the familiar illustration.
It is seldom that a constitution is promulgated, and since
1800 never at the North and only in a few of the former
OF HISTORY AND POLITICS 39
slave-holding states. Mississippi in 1890, Delaware in 1897,
and Virginia in 1902 did not vote on their new constitu-
tions, but accepted them under the ordinance of the conven-
tion. In the case of Virginia this procedure was directly
contrary to the act of assembly authorizing the convention.
The use of the referendum in legislation, and chiefly in
the financial affairs of cities and counties, has of late years
been tried in several states. The voters are thus given an
opportunity to regulate the indebtedness of their com-
munity. Further than this little attention has been paid to
the referendum, unless under this be classed the primary
elections. A person who depended upon the written con-
stitutions of the states for a knowledge of the primaries
might be surprised at the discovery that the constitutions
make no reference to them. Yet every state in the Union
may be said to be governed through the primary elections.
To whatsoever extent party organization submits the names
of candidates to the primaries, to that extent the referendum
is practiced in America. Political conventions name the
ticket and go to the electors with their nominees. The
direct nomination of candidates by the voters themselves is
practically unknown in America. Each state is controlled
by a political party and each state constitution is distinctly
the work of a party. Usually a new constitution is advo-
cated and carried through by a political party. A constitu-
tional convention, therefore, becomes a Whig convention, or
a Democratic, or a Republican, as the fortunes of politics
may decide.
This well recognized fact has tended to diminish in the
opinion of many the value of state constitutional history.
40 THE IOWA JOURNAL
"Of what value to me," inquires a Kepublican, uare the
debates of a Democratic convention called to frame a con-
stitution?" The answer is obvious. Under the American
system of government a constitution, or a law, must be the
work of the majority of the voters expressed through the
agency of a political party. The objection which rules out
convention records rules out the records of state legislatures
and of Congress. It rules out the records of popular gov-
ernment, for these records are of political parties administer-
ing the public business. Discontent with parties lies at the
bottom of the demand for direct participation in government
by the electors. The extent to which the discontent has
gone and the value of the referendum as thus far practiced
in this country can be known only by a study of the consti-
tutional history of the states.
State constitutions and laws, like people, follow the lines
of migration. When the Monterey convention assembled
in California in 1849, William Gwin, one of the controlling
minds of that convention, announced that as there was no
printing press in Monterey he, in order to facilitate the
work of the convention, had caused to be printed elsewhere
for the use of the delegates an edition of the constitution of
Iowa (1846) "because it was one of the latest authorities."
With this organic law as a basis he thought that the mem-
bers, with suitable marginal notes suggested by the immedi-
ate wants of California, could frame a constitution for that
state. On turning to the Iowa constitution of 1846 and
consulting the discussions in the convention which framed it
one easily discovers the parentage of many important pro-
visions in the constitutions of older states directly east-
OF HISTORY AND POLITICS 41
ward (Illinois, Ohio, Michigan, and New York, and New
England) and southeastward (Kentucky, Virginia, and North
Carolina). The Iowa constitution was a composite instru-
ment containing some provisions characteristic of southern
and others of northern states. California framed and
adopted a yet more composite fundamental law. The con-
stitutions of states along the Atlantic coast do not possess
this composite character. That character is first disclosed
in the states first admitted into the Union, as for example,
Tennessee, Kentucky, and Ohio; and as the states have been
organized to the westward they have the more notably illus-
trated in their constitutions the composition of political
forces. In later years the old lines of influence have been
changed. When the present constitution of Mississippi
(1890) was in process of formation the several committees,
to whom the work was assigned, commonly in their printed
daily reports to the convention cited provisions in the con-
stitutions of other states as authority and precedent; and
the citations included, among others, the constitutions of
Texas, New Jersey, California, Missouri, Pennsylvania,
Illinois, and New York. New York State in 1894 pub-
lished in several volumes for the use of its delegates an
edition of all constitutions at the time in force in the Union,
and also of all in force in foreign countries. This tribute
to the political value of state constitutions was not the first
paid by the empire state. It made a similar publication ir
1846, and again in 1868.
As time passes and new constitutions are formed by the
states the permanently valuable features of the organic
laws of all the states must approach uniformity. The
42 THE IOWA JOURNAL
national constitution is the model for general form; the
state constitutions become particular applications of settled
principles of constitutional law. In this work the people
participate, indirectly by their representatives in convention
and directly by ratifying or rejecting the constitution which
the convention submits. This use of the referendum in this
connection promises to remain the most usual. There is,
however, no prospect of the adoption of the referendum in
ordinary legislation. Inter-state and federal relations can
not be clearly understood by a mere perusal of the state
constitutions and laws. One must know the "unwritten
constitution," the civil practice of the commonwealths.
The old thorn of state sovereignty may be said to have dis-
appeared with the rejected constitution of Kansas of 1858-9,
in which for the last time an American state, in its organic
law, claimed to be "free, sovereign and independent. " No
southern state has ever inserted the word "sovereign" in its
constitution as descriptive of its place in the Union. The
word in the constitution of Massachusetts, adopted in 1780
and still in force, carries one back to the Confederation and
the loose federal relations of the time of the Revolution. No
state has made a more definite declaration of federal relations
than has Mississippi in its constitution of 1890, which
recognizes the paramount authority of the United States and
the paramount allegiance of the people of Mississippi to the
general government. With the exception of Maine (1820)
and Nevada (1804) no northern state makes a like declara-
tion. The political significance of these facts is clear, and
no man need miss it. In their organic relations to the
general government the states stand independent but not
OF HISTORY AND POLITICS 43
sovereign. The authors of the Federalist use the term
u residuary sovereignty" as descriptive of the relations — a
term employed by Chief Justice Marshall in his decisions
and also by his successors. Though the term as a philo-
sophical one is unthinkable, it has come into use and remains
as the description of a condition or relation difficult to define
but plainly existing.
It is to the constitutional history of the states as that
records the actual administration of government in them
that one must turn in order to understand the nature of
the federal relations of the component parts of the Union.
Americans do not see in their civil affairs the complications
which puzzle the foreign student of them. He cannot
easily comprehend the meaning of forty -five state constitu-
tions, each an organic act, and one federal constitution,
also an organic act. He finds it difficult to understand the
language of the Supreme Court of the United States when
it defined the Union, as it did in 1868, as uan indestruct-
ible union of indestructible states." Nor will he be able
to understand this civil organism until he has fathomed the
constitutional history of the states.
Very important national issues, such as slavery, the
national banking system, nullification, the extension of the
suffrage, and issues growing out of the use and disposition
of the public lands must be studied in the light of state
constitutional history. The strictly federal aspect of their
issues is partial. And to obtain a knowledge of state con-
stitutional history one must examine the state archives,
some portions of which have been published. Every state
issues public documents and many of the states publish
44 THE IOWA JOURNAL
their early archives — notably Massachusetts, New Hamp-
shire, New York, Pennsylvania, North Carolina, Michigan,
New Jersey, Arkansas, Alabama, California, and Iowa. It
is now becoming possible for one to learn the life of a state
since its settlement. Pioneer work, whether at Plymouth
(1620) or in Johnson county, Iowa, (1839), is seen to pre-
cede the perfection of civil organization just as childhood
precedes manhood. The records of the Plymouth colony
in Massachusetts are no more instructive than the records of
the early Claim Associations in Iowa. The pioneers of the
great West labored, like their fathers in the East, to
establish free institutions. It is the unconscious effort of
men which discloses their true character. He who would
understand the character of the commonwealth of Massa-
chusetts must begin with the story of the Mayflower com-
pany. So he who would understand a western common-
wealth must begin with the story of its pioneers. This
story is fast becoming vague tradition, and the younger gen-
eration in a western state know no more of it than does the
younger generation in one of the older states in the East.
The state itself must preserve and publish its own history
so that its children may know the value of their heritage.
Happily in later years societies have been established for
the preservation and publication of the early records, and
state legislatures have created historical departments, as in
Alabama, in which able and enthusiastic men are working.
The moral effect of their work is felt in general intelligence
and patriotism. The decay of patriotism is lamented in
many quarters. One obvious remedy is the encouragement
of the youth of a state to become acquainted with the deeds
of their ancestors.
OF HISTORY AND POLITICS 45
But this is only the local side of the subject. A state is
more than a geographical area or a collection of offices. It
is a living organism. Its industrial experience forms the
basis of its civil life. Constitutions and laws and judicial
decisions are formal records of some aspects of its life. Im-
portant as these are, and explanatory of the course of public
affairs, they comprise only a part of the record. In order
to understand thoroughly the political character of an
American community, a state or a city, one must know its
history, and thus be in intelligent sympathy with its people.
But the state itself must help by publishing its records, and
thus make its history accessible. The perpetuity of Amer-
ican political institutions depends upon the intelligence and
the sympathy of the American people themselves.
FRANCIS NEWTON THORPE
MT. HOLLY, NEW JERSEY
HISTOKICO - ANTHROPOLOGICAL POSSIBILITIES
IN IOWA
ANTHROPOLOGY AS A SCIENCE
Anthropology is history. It is history at its beginnings.
It is a chapter in the new book of Genesis. The languages
from which it gleans its facts and laws are not all written in
phonetic characters. Its early chapters are recorded in the
leaves of the earth's upper strata. It goes for information
to Tertiary and Quaternary Geology. It draws upon the
resources of Archaeology. Ethnology from all parts of the
world brings its loads of facts and laws. It shall finally
include comparisons of all languages, customs, institutions,
traditions, and mythologies. The science itself is not any
of these nor a combination of them all. Its central interest
is the problem of human evolution. It is the science which
studies the origin of the human being and the origin of his
capacities. It applies the law of evolution to human nature
and human faculty. It may be defined as the study of
human origins and evolutions. It deals somewhat in the
materials and facts of every human science. It is an effort
to consider man generically in the same matter-of-fact man-
ner that science advises regarding other regions of phenom-
ena. It would reach an evolutional survey of the nature
of man and of the expressions of man's nature. When the
day comes for its establishment as a completed science, it
48 THE IOWA JOURNAL
will be substantially an evolutionary synopsis of man on
scientific principles.
Its conception as a science has been somewhat vague. Its
limits have been indefinite. It has had lack of clearness
because of bulkiness. Men for half a century have been
feeling their way toward its better determination. The con-
ception of it as a genetic science will aid to the clearer
definition of its scope and limits. For this end the writer
proposes the following nomenclature and divisions.
DIVISIONS OF ANTHROPOLOGY
These divisions are named from the points of view of
the genesis of their facts. Man's origin in time and space
is chronologically first; then the problem of his body or
material organization, then his mind, then races, then
society (including morals), and then religion. We may
designate these divisions as: (1) Anthropogeny (Palaeonto-
logical Anthropology) ; (2) Sornatogeny (Biological Anthro-
pology); (3) Psychogeny (Mental Anthropology); (4) Eth-
nogeny (Comparative Anthropology); (5) Sociogeny (Gre-
garious or Man ward Anthropology); and (6) Religiogeny
(Cosmic or Godward Anthropology). It is hoped that this
division and nomenclature may be found natural, and that it
will bring a vast and previously unhandleable body of facts
into determinate limits. Every time and every clime offers
its contribution. Every people past or present lends its
experience toward the making of this last great science.
Although the world is so old and man's experience on it
so long, yet the science of man in any comprehensive sense
is only in its pioneer stages.
OF HISTORY AND POLITICS 49
This paper has for its object not an exposition of Anthro-
pology nor a completed investigation into what the territory
occupied by the State of Iowa can contribute. It is rather
a recommendation. It is of the nature of a suggestion for
the scientific treatment of a most important realm of facts.
It has the simple aim of helping to get a keener realization
of these facts. It hopes to make more definite the belief
that history and politics have wider scope and deeper roots
than is ordinarily supposed. The subject-matter will belong
under several of the above named divisions.
GEOLOGICAL PREPARATION IN IOWA
As a possible human habitat Iowa is very old. The evi-
dence is not yet all in as to whether man was here before
the last Glacial Epoch or before other preceding ice periods.
In recent geological history Iowa stands in the front rank of
interest. It has been under the sea; it has been under the
ice; it has supported many varieties of flora and fauna. Its
uppermost surface formations are geologically the latest.
Moreover, they are unusually complete; and the record of
what has been called the later Tertiary, and of its successor
the Quaternary Period, has been quite clearly read in Iowa
and neighboring States. Professor Samuel Calvin says that
"In no part of the world are certain chapters of the Pleisto-
cene record clearer or fraught with greater interest, than in
our own fair Iowa."
It does not belong to Anthropology to answer the later
geological problems or to account for their wonderful
phenomena; but Anthropology is greatly interested in these
problems. It has a vital interest in their answers. In
50 THE IOWA JOURNAL
many portions of the world the remains of early man are
found in more than one of the layers of the upper strata.
Hence the geologist's later problems are looked upon as
having closest relationship to Anthropology.
What made the Pleistocene? What changed Iowa from
the beautiful Pliocene of the Tertiary Epoch, or from the
Neocene as it is now called by some geologists? Iowa then
had a Florida climate with all its accompaniments in the
way of vegetable and animal life. Why the change to the
frigidity of the early Pleistocene? Was it elevation of the
surface by internal upheavals? Was it changes in oceanic
currents which blew frost and storm and cold where pre-
viously balmy breezes prevailed? Was it change in the
nature or quality of the earth's atmosphere? Was it change
in the earth's axis or in the earth's orbit? Whatever the
cause the result was a big snow storm which lasted thousands
of years and eventually piled up mountains of ice.
Before this life was gay. By its coming life was blighted
and much of it was driven away or entirely wiped out. The
glaciated region extended (with slight exceptions) from
Vancouver to Massachusetts. But it probably came on so
gradually that the change was unconscious, and, to a con-
siderable extent, life adapted itself to the slowly modifying
conditions. This vast country of which Iowa forms a part
was low. The Gulf of Mexico in those days reached almost
to St. Louis. From the North there came the snows and
the resulting ice and filled up the streams and the bogs.
Even the Mississippi was blocked, and after the long, long
storm was over, it found in many places a new channel as
it thawed out again. And so of all the rivers of the old
times. Their gorges were plugged.
OF HISTORY AND POLITICS 51
All this is strange, but the newer Geology has a still
stranger tale to tell. It says that the like has occurred sev-
eral times. The investigators within Iowa territory tell us
of several glaciations. Nowhere in the world have Nature's
stratified leaves been so carefully turned and so thoroughly
conned as here on this once broad prairie lying between the
great rivers. We are assured that there occurred glacia-
tions which left a Pre-Kansan, a Kansan, an Illinois, an
lowan, and a Wisconsin drift. It is less than a generation
since this wonderful investigation began. The work has
been carried on chiefly by White, McGee, Calvin, Bain,
Leverett, Udden, Chamberlin, Salisbury, Macbride, and
Shimek. In the Proceedings of the Iowa Academy of
Science, in the Annals of Iowa, in the Reports of State
Geological Surveys, and in various other places will be
found the details of the labor of these several individuals in
reading the great enigma. In its totality this work will
require the re-writing of some chapters in Geology. It
would take us beyond our province to state even a few of
the interesting results from this long investigation.
In these strata are found the remains of several great
mammals. Here and there, wide apart, are the bones of the
last mastodon and several varieties of the horse and other
grazing animals long ago extinct. And toward the end
comes man. How many umen" or races, what was their
origin, whence did they come, what was their career, and
what their destiny ? Here, on these vast stretches of noble
land, race after race has struggled for the possession, and in
their struggles they have laid down their bones and their
implements of offence and defence. In these characters (new
52 THE IOWA JOURNAL
as documentary sources) we are slowly reading their history.
The forces of storm, glaciation, and inundation made the
richest of soils and created a territory most desirable as an
abode for man.
THE APPROACH OF THE WHITE MAN
The career of the White dates from but yesterday. It is
all history — r history in the ordinary sense. It is easily read
and traced. It was nigh two hundred years after Columbus
anchored off the eastern coast before explorers penetrated so
far as to visit the prairies of Iowa and the sister regions
beyond the great "Father of Waters." Generations of
white pioneers settled along the Atlantic coast and lived and
built and tilled and died without knowing how much grander
land lay toward the setting sun. Here the various Indian
races roamed unknown. Here they hunted and here they
clashed and fought with each other for ascendancy — they,
too, all blissfully ignorant of the new type of man who was
gradually moving westward toward their region, and who
would one day claim their hunting grounds for other uses.
The discoveries of Columbus, Cortez, De Soto and others
had excited man's imagination as to the bigness of the world
to the west; and the rulers of Europe were anxious to get
claims over as much of it as possible. The Portuguese,
Spanish, French, and English all figured in the great scramble
to preempt a new world whose rivers flowed over gold.
Their several fortunes in this undertaking have been well
studied and beautifully narrated in our American histories.
The greater Louisiana, which under La Salle's claim
vaguely extended from the Alleghanies to the Rockies and
OF HISTORY AND POLITICS 53
which belonged to the French and then to the Spanish and
then to the French, and was finally bought from Napoleon's
bargain counter by the United States in 1803 for some
$15,000,000, was the greatest land sale in history and
probably the best real estate bargain ever recorded. It
reflected as much credit on the sagacity of President Jeffer-
son as it did discredit on the oversight of Napoleon and
his ministers. Settlement after settlement took place. Up
the Mississippi northward, but chiefly from the eastern
States westward, came the on-flowing white emigrants. The
Louisiana of today became a State in 1812; and there fol-
lowed Indiana in 1816, Illinois in 1818, Missouri in 1821.
Boundaries were indefinite in those days. Land was taken
in the large. There was plenty of it. A county was often
as big as a State is now. The term Iowa (loway, a beauti-
ful and permanent reminder of our Indian precursors) was
first applied to several of the rivers which flow through the
trans-Mississippi country. In 1836 Lieutenant Albert M.
Lea used it to designate that part of the Territory of Wis-
consin which lay west of the Mississippi. In 1834 the
territorial legislature of Michigan had divided this whole
"Iowa District" into two counties — Dubuque and Demoine.
In 1836 Congress formed a Wisconsin Territory. It was
taken from the Territory of Michigan. It included the
present Wisconsin, Minnesota, much of the Dakotas, and
Iowa. Then there was an eastern and a western Wisconsin,
divided by the great Mississippi. The capital of this region
in 1836 was at Belmont, Iowa County, Wisconsin. The
next year it was moved to Flint Hills (afterwards named
Burlington). The growth that followed was unparalleled,
54 THE IOWA JOURNAL
and in 1838 western Wisconsin, or the Iowa District, asked
for a territorial government. It covered Iowa, Minnesota,
and that part of the Dakotas east of the White Earth and
Missouri rivers. The white population was reported in a
census then taken as 22,860.
Eight years more and Iowa was again divided, and the
present Iowa, with a population of 102,388, became a
State in 1846. This population had squatted first at the
trading points on the great rivers; while the interior was at
this time the exiled home of many Indian tribes and rem-
nants of tribes from the States farther east. In 1830 the
United States had bought a strip of land in western Iowa
for the purpose of sustaining more peaceable relations with
the Sac and Fox Indians, the Omahas, the Otoes, and the
Missouris. On this it was expected the Indians wer& to be
left ultimately.
THE WHITE MAN'S FINAL POSSESSION
Before 1833 almost no Whites had entered the Iowa
country. Indians were the sole possessors. After the war
with Black Hawk in 1832, "The Black Hawk Purchase"
(extending from the State of Missouri to the Upper loway
river, a strip about fifty miles wide on the west bank of the
Mississippi) let in the on-pressing emigrant stream, and
very soon the six million acres opened up by that purchase
were covered with white settlers.
But this was not enough. The covetous and money
making White had his eye turned still westward. Iowa
was too valuable for Indian hunting grounds. In 1838 the
lowas sold out to the government. In 1842 (in the saddest
OF HISTORY AND POLITICS 55
council ever held) the Sacs and Foxes conveyed to the
United States the "New Purchase," and in 1851 the Sioux
did the same and transferred his hunting and scalping
grounds to the irresistibly aggressive Aryan. Thus ended
the events of a yet to be written history. Some time some
one will gather up the main lines of the Red Man's career
in this Iowa land and vicinity and do better justice to it by
a true historical narrative. It is not our province to follow
further the fortunes of this most interesting transfer of a
great State by what was (according to the standards of the
nations) the honorable means of purchase, treaty, reserva-
tion, and assignment. Yet in these political dealings of
nation with nation or with tribes, these great transactions
were far from, ideal.
WHO WEEE THE FIRST INHABITANTS
Anthropology asks: how many times has Iowa been
inhabited before? How many waves of migration and con-
quest have swept over its vast green fields? How long
have these fields themselves been habitable? Whence came
these immigrating streams? What were the causes which
impelled them in their conquering conflicts? These are
problems yet to be cleared up. Geology and Archaeology
will lend their aid. The work has begun. A vast amount
of material is ready. A great number of explorations have
taken place.
It is believed by many that there are in Iowa evidences
of the great antiquity of man. This evidence has not yet
been systematized, and has not thus far been convincing to
the conservative scientific mind. It is claimed that, at least,
56 THE IOWA JOURNAL
man followed the glacier northward in its retreat. It is
believed that this race was Eskimoid in type. What can
we know of him? Who were his successors?
THE MOUND BUILDER PERIOD
It is supposed that this little Eskimoid man was followed
by the famous Mound Builder, who finally spread his art
and civilization up and down the Mississippi Valley and east
and west for great distances. His characteristic works are
found in Ohio and in Iowa, in Louisiana and in Wisconsin.
He has left a vast amount of evidence as to his physical
characteristics and the material stage of his civilization; but
he is withal a great mystery. His mounds, so numerous,
constitute together the most baffling problem in Archae-
ology. What are they, what were they for? Some of
them are doubtless the remains of his dwelling places, but
many are not. Some have religious significance ; some may
have been for defence. Doubtless in many of them is
buried the owner of the lodge which once existed thereon
or thereby. Probably with his bones are to be found his
implements of peace and war, and oft-times, too, the bones
of his slaves and his wives, who were sacrificed to accom-
pany his spirit on the long voyage to the land of the Great
Spirit. Some of these mounds were perhaps the sites for
beacon fires to convey news across wide stretches of country
or to guide marching tribes or bands of hunters. Some of
them, indeed, seem to have been constructed for ceremonial,
social, or religious purposes of which we can only vaguely
guess the nature.
In them, here, there, and everywhere, are the plentiful
OF HISTORY AND POLITICS 57
objects from which Archaeology must some day reconstruct
history. Skeletons, weapons, utensils, pottery, hieroglyphs,
attempts at sculpture and engraving are exhumed. Many
other intimations there are of the sort of people who lived
in these regions for considerable times. We must believe
that they had a vast social organization and that they did
not possess their lands in undisputed peace. The Iroquois
chiefly to the north, the Algonquins chiefly to the east, the
Sioux and Dakotas to the west and northwest, and perhaps
the Pueblos and Cliff Dwellers to the southwest all wanted
the best territory, if they knew where it was. What were
the lines of their migrations? what their careers? and what
their dooms? are most interesting stories yet to be inter-
preted, yet to be read. This can be done. More difficult
things have been read. No longer do we expect to find all
human history on pages copied from spoken language.
The so-called "historical period" of man's career is an
insignificant stretch of time. Some one has figured that it
would represent comparatively but the last three months'
diary of a man seventy years old. The Polynesian migra-
tions and race relations have been largely made out by
evidence of less variety and less definiteness than exists for
the solution of these American anthropological problems.
WHAT BECAME OF THE MOUND BUILDEES
The territory of the long settled Mound Builders seems
finally to have become the coveted hunting ground of on-
coming and growing races in the East and the West. Another
problem to be settled is: what became of them? Were they
really a separate race? Were they utterly annihilated by
58 THE IOWA JOURNAL
the savage hordes attacking from various quarters? Did
they become extinct from plague or disease before these
savage hordes approached ? Did they mingle and blend with
the oncoming tribes toward the close of the period of their
racial decline? Did they flee away to the North and become
degenerate ? Did they flee away to the South and reestablish
themselves ? Have we perhaps found their remnants blended
in the Pueblos of Colorado and Arizona or in the Cliff
Dwellers of New Mexico? Did they go still further? Can
we look for some intermingling of their type and work in
the Pre-European peoples of Mexico, Yucatan, or Honduras ?
Or did they never go away, and do their relics simply repre-
sent a previously higher stage of later found peoples? Was
there a protracted struggle, either against nature or against
invaders or against both? In their prime and for a long
time, whoever they were, the Mound Builders were a great
people. They seem not to have prospered further to the
north than Iowa and Wisconsin. Perhaps their greatest
prosperity was farther south and eastward. But on Iowa
soil they apparently lived for a great while, and here they
have left a great record.
WHO SUCCEEDED THEM
After them came others. Were these others their imme-
diate conquerors or their degenerate descendants? Were
these others the Indian tribes which were later displaced by
Whites? Were they the Sacs and Foxes, the Sioux and
Missouris? Who knows? How can we know? Who has
portions of the record? How shall these records be col-
lected? Who will help read them when collected? Splendid
OF HISTORY AND POLITICS 59
beginnings have been made. When the White Man came,
the Sioux in the West was then the mortal enemy of the
Sacs and Foxes in the East. The Sacs and Foxes seem to be
descendants of Algonquin stems from the East and South-
east, and the Sioux seem to be the posterity of the Dakota s
from the West. From their earliest meetings these two were
enemies. This was from time immemorial. But how long is
that? Besides the Sacs and Foxes, apparently before them
in their region, were the Illini (Illinois), the Mas-Coutins
(Muscatine) and the lowas (Ayouas, Ayouways, Ayoas,
Aiouex). These latter were nearly exterminated by the
Sacs and Foxes who came from Wisconsin, and of the Sacs
and Foxes only a handful remain on the reservation in Tama
County of this State.
THE BED MEN u SAVAGE" OR CIVILIZED
It is easy to call our enemies " savages." It is hard for
men of one race to see greatness in those of another. It is
especially hard to do this if that other belongs to a widely
different type of civilization or mode of living. The Aryans,
and Europeans in particular, have been accustomed to style
themselves the " enlightened" and all others as "half civil-
ized," "barbarous," or u savage." They have seldom taken
the pains to learn the attitude toward them of men of other
races or the value of others' opinions. Anthropological
study reveals this as a widely human trait. No firmer nor
intenser illustration of this fact have I met than in the atti-
tude of a Fiji Islander toward the people of the United
States and Great Britain. To him, although we excelled on
the material side of civilization, morally we were a barbarous
60 THE IOWA JOURNAL
people. He hesitatingly pronounced us a nation of hypo-
crites. Instances of this sort should give us pause and
make us reestimate the other races.
To nearly all Americans the Red Men, whom they dis-
possessed, were merely u savages." More careful study of
these people does away with this popular judgment.
Among the copper-colored tribes, formerly inhabiting the
now broad United States, were some great characters and
many good and true men and women. We are able to
estimate them at this distance of time with more likelihood
of justice. Greatness is a term with more variety of content
than the average man has yet realized.1
BLACK HAAVK
Every tribe and every people have men relatively great
among themselves. But some of them are also relatively
great when compared with their assumed superiors. Among
these was Black Hawk, the dauntless leader of the Sacs and
Foxes in the twenties and thirties of the last century. He
was a man of keener moral sense than most of those who
1 Since this section was finished the New York Sun (of Oct. 2*7), in
an editorial on "The Thirteenth International Congress of Ameri-
canists," says: "It appears that we have commonly put too low an
estimate on the Indian, using the term Indian as inclusive of all the
aboriginal inhabitants of this hemisphere. The Indian, these learned
men find, was a more intellectual being than has been generally sup-
posed. He was religious, with high sentiments and keen emotions,
and he was advanced politically far beyond the degree in savagery
where he is usually placed, his political development being measur-
ably influenced by his religion
"There was an American civilization as definite as the European
civilization. Really, there has been a series of civilizations, one
overcoming the other and the higher form usually dominating. We
OF HISTORY AND POLITICS 61
dealt with his people as representatives of the United States
government. His sense of justice and his opposition to the
fraudulent land trade in 1804 are admirable. In the name
of these tribes some drunken Indians at St. Louis sold all
their territory east of the Mississippi, from the mouth of
the Wisconsin to the mouth of the Missouri, for the despi-
cable sum of $2,234.50 in goods and $1,000 a year (in
goods also) for an indefinite while! This bargain Black
Hawk resented, repudiated, and asked to have reconsidered.
His claim was just, but to our shame it was refused. His
people were forcibly moved across the Mississippi. Their
deepest hatred was cultivated and the Black Hawk War
was the result.
Black Hawk's intellectual acumen was shown in his famous
hunting, his fighting, and his sagacity in the government of
his people. His high moral character and his social quali-
ties are seen in his rigid temperance, in his domestic virtues,
and in his sense of right in general. Even beyond this he
displayed that love of nature which characterizes all high
were not the first invaders. We were not the first exterminators.
America has seen races come, rule, and be swept away in their turn.
Where savagery triumphed, as in the case of one race of Mound
Builders, when a mild and stationary people were overborne by a
more vigorous and restless stock, as in Europe, it usually followed
that the conquering race was influenced in time by the culture of the
conquered. This has been found written in monuments and tombs.
Sometimes there can be traced the evidence of a conquering race's
recognition of the superior attainments of the people it has over-
thrown, and when the different investigators compare notes the his-
tory of an ancient invasion is completed.
' ' In art the pre-Columbian Americans were advanced beyond the
stage of development to which they have been assigned. So say the
Americanist students."
62 THE IOWA JOURNAL
and noble spirits. Together and separately, these various
qualities place him among the great characters and make
his name forever eminent in Iowa history, even though he
wore "copper-colored skin, shaved the sides of his head
and put feathers in the knotted tuft at the top." Such
criticism simply shows our lack of humor. The anthro-
pologist is unable at times to decide whether Sacs or Whites
are the more grotesque. White generals, lodge officers and
others wear the feathers and trinkets, according to their
taste; and white men instead of shaving so as to leave a
tuft on the top of the head, leave it across the middle of
the face, or on the chin, and give it some foreign name,
under the common assumption that vanity always seems
wisdom when expressed in a foreign tongue.
KEOKUK
Another former ruler upon Iowa grounds deserving of
the White Man's attention was Chief Keokuk. He was
both war- and peace-maker. He belonged to the same race
as Black Hawk. They were rival chiefs among the Sacs
and Foxes. Keokuk had some qualities which Black Hawk
had not. On the other hand, he lacked some of Black
Hawk's virtues. He was an orator, and his counsel pre-
vailed with a large part of the people. He advised peace-
able submission to the demands of the United States gov-
ernment. He saw the inevitable, and thought it best for
his people, on the whole, to peaceably submit and obey the
order to go beyond the great river. In speaking to his
nation upon this subject his famous saying is worthy of
wide quotation. Referring to possible war with the Whites,
OF HISTORY AND POLITICS 63
lie says, I will lead you on condition "that we first put our
wives and children and old men gently to sleep in that
slumber that knows no wakening this side of the spirit-land,
for we go upon the long trail which has no turn." The
literary critic or the Anthropologist will find in these words
many an intimation of breadth of character. His life in
various respects did not reach the high moral quality of
Black Hawk's, but both were u great" when measured by
true and generous standards.
MA-TAU-E-QUA
As before remarked the Tarna Reservation of some three
thousand acres, owned individually by Indians of the Sac
and Fox tribes, is the last foothold of the once wide roam-
ing copper- toned man in Iowa. Probably the last of their
war chiefs who had followed the "bloody trail" was Ma-
tau-e-qua. He died in Tama on October 4, 1897, at the
advanced age of 87. His was a wonderful Indian life — in-
deed, a wonderful human life from the point of view of the
variety of its experiences. He was twenty-one years of age
when the Black Hawk War broke out in 1832, and he
experienced the hardships, the excitements, the early enthu-
siasms, and the later defeats of his illustrious tribes. He
lived in his early years the purely Indian life of nomadic
hunting and fierce internecine conflict. He was 47 years of
age when the first expedition of his people returned from
Kansas to seek fitting homes for the conquered Sacs and
Foxes in their old beloved Iowa. He was one of the five
who first bought land in Tama County in 1857. For forty
more years he was the sage and counsellor of the Mus-
64 THE IOWA JOURNAL
quakies, and he tried to keep them true to the old tradi-
tions. He was an Indian, a North American Indian
through and through, even though he had settled on a farm
in an Iowa county. He was a great character. He was a
man of sterling principle. He possessed a stolid, stoical
nature coupled with much insight; and who shall blame him
if he did love to the last the war paint and the legends?
The White Man's taunt of Indian treachery is simply a mis-
understanding of problems and conditions. It was the
White Man himself who made the proverb that "all things
are fair in love and war." The Indian did no worse, per-
haps no better, than the White Man does under similar cir-
cumstances. He simply tried to save his country to the
best of his ability and understanding. By far the larger
bunch of perfidy is found on the White Man's side.
If the "savage Indians" from whom we bought and
wrested our territory produced men of such manly stature
as these, how much greater men may have been in the coun-
cils of their ancestors or predecessors in the more palmy
days of the Mound Builder.
THE MOUNDS OF IOWA1
Few subjects are receiving a better quality of attention
than that called American Ethnology and Archaeology.
Few subjects are vaster than this. Few subjects have so
few workers in proportion to intrinsic value. Too much
attention could not be paid to this great field, either by
governmental, institutional, or individual enterprise for
many years to come. It should be one of the great centers
1 See Map.
OF HISTORY AND POLITICS 65
of national and local interest. The whole land would seem
to be a fruitful field; and the pioneer work has gone far
enough to warrant further and broader anthropological
attention. Masses of material have been collected in mu-
seums, but still vaster ones remain unfound. The plow,
the railroad excavation, the weather, and the natural forces
of rain and stream are carrying on a two-fold work of un-
covering and disturbing, of revealing and then obliterating.
Many a valuable piece of information is coming to light,
and then passing from view as the years roll by.
Our best records of past races in this vicinity are probably
of Mound Builder origin, but no record is imperishable. A
timely study of these is desirable for every reason. More
excavation, more analysis, more synthesis are needed. The
records so far as discovered remain unread. They are to us
mostly a foreign tongue. Their meanings are mostly un-
guessed. A partial reason for this is to be found in the
prejudice that has stood in the way. Of what use could the
bones, the implements, or the doings of savage races be to
enlightened people like us! But this egotism is subsiding.
The Mound Builders and other pre-occupiers of our home
are coming into respect. Even "savages" are now believed
to be worthy of all the study that we can give them.
THE MOUND BUILDEB's PLAIN
But the Mound Builder was not a savage. As before
remarked he was well on in civilization. He had govern-
ment, order, and discipline on a large scale. He knew the
arts of spinning, dyeing, and weaving. He made beautiful
pottery and ideal baskets. He possessed a broad work
66 THE IOWA JOURNAL
bench covered with tools made of stone, wood, and copper.
His implements were not the nineteenth century type, but
they were very effective in the chase, and even the White
Man's steel would have found them difficult to overreach.
The evidences are that he had many superstitions, but the
White Man of today forgets that his pioneer fathers of two
or three centuries ago had heads no less full of unreasoned
mysteries. His medicine was queer, but we have near rela-
tives and neighbors who rivalled him also in this. He, like
our fathers in the Middle Ages, believed in the doctrine of
" divine signatures." Deer's eye in lotion was good for
sore eyes. uThe little burrs which adhere to our clothes as
we pass through the woods, commonly called beggar lice,
were boiled and the tea used to strengthen the memory,
upon the theory that it would make things stick in the mind ;
probably a primitive conception of the 'similia similibus
curantur;' and the man who desired to become a good singer
drank a tea made from crickets!"1
But these primitive notions generally had a nobler side.
Their religion often reached to monotheism. They believed
in the Great Spirit. Their future life was materialistic;
and if they did not get out titles for our u mansions of the
blessed," they preempted the u happy hunting grounds."
Both were figurative, poetical conceptions of human aspir-
ations.
Their homes were like those of men in such conditions in
other parts of the world. They were better than the "dug
1 C. H. Robinson's Primitive Man in Iowa, in the Annals of Iowa,
3d series, vol. in, p. 167.
OF HISTORY AND POLITICS 67
out" of the later white homesteader, and they had patterns
and styles original to themselves. The larger houses were
round, made by digging out a circular pit. This " cellar"
was from twenty to sixty feet in diameter. The side walls
made by the excavated soil were from eight to ten feet high.
They were covered with poles, and these with brush, and
these again with earth and grass thatched thereon.
Around these homes, were raised corn and other cereals,
pumpkins, squashes, and other vegetables. They ground
their corn into meal and baked the meal into cakes. They
added to these the fruits of various trees, especially nuts,
plums, etc. ; while rice is also found among the ruins. They
laid in a winter stock of pemmican made from the meat of
buffalo, deer, elk, and bear. The rivers contributed their
share of the living in the way of fish, at the spearing and
catching of which they were expert.
Their home industry was most praiseworthy. Robinson
again says: u Those soft skins of the fawn and these with
the down of the swan, the loving mother has reserved for
the clothing of her babe which hangs by its swinging cradle
to another peg, and its garments will be ornamented with
feathers and quills dyed in the brightest colors the pigments
and barks of the locality will furnish. By her skillful
hands too will be made the clothing of the older children
and most of that of her lord, as well as his gorgeous war-
bonnet and the feather -trimmed robes with which he so
proudly decks himself on state occasions. Her thread is a
moistened tendon, her needle a sharpened bone used as an
awl — thimble, she has none — and she cuts the garments
out by guess with a flint knife shaped very much like the
68 THE IOWA JOURNAL
round knife of our harness maker, or the hash knife so
familiar in the kitchen. " *
They possessed the high art of making fire at will in a
moment of time. This they did with a skill that few white
men are able to attain. Fire to them was sacred, and their
myths concerning it are worthy rivals of those of the Greeks,
Hebrews, and Hindus.
Their pottery is, next to their weapons, their best trans-
mitted account of themselves. It was both varied, useful,
and artistic. It was probably almost wholly the work of
the women. Several excellent monographs have been writ-
ten about it. I must refer especially to articles in the
Proceedings of the Davenport Academy of Natural Sci-
ences, to articles by W. H. Holmes and Frederick Starr, to
Smithsonian Institute Reports, and to other writings referred
to in Professor Starr's Bibliography of Iowa Antiquities.
Their tools and weapons were limited as to the material,
but included much variety of forms and uses. It is not
known that they were acquainted with iron. Wood, bone,
stone, flint, and bronze are the stuffs from which they made
with great skill a great variety of implements. Large
pieces of granite, smoothed and shaped for convenience,
formed the anvil. Near by was a fire for the easier shaping
of various raw materials and for the seasoning of woods for
spears, bows and arrows. Hammers, axes, and hatchets of
ingenious shapes and of varied material served various pur-
poses. Flints were used perhaps for fire production, but
more often for spear and arrow heads, knives, drills, etc.
Bones were made into awls and handles. Handles were
Robinson, Annals, of Iowa, 3d Series, vol. in, p. 170.
OF HISTORY AND POLITICS 69
fastened on tools by perforations, sometimes in the tools
and sometimes in the handle, and often by the further use
of thongs and leather strips. They made whetstones on
which to sharpen their stone edged tools, and those made of
bone and buffalo and deer horn. To accomplish all this
required great industry. The Mound Builder was far from
the lazy idler which some none too industrious White Men
conceive him to have been. "It took a whole day to make
a good arrow and many days to make an adze or hatchet. ' '
"When we recollect too that to make a canoe, he must
first burn down a tree, then burn it off the right length, and
then alternately burning with live coals and scraping and
pecking off the charred parts with stone tools, he must form
the cavity; and when we consider also the time he must
employ in killing game for the support of his family and to
lay up for winter, we will certainly modify our previous
opinion that the life of the primitive lowan was one of
either dignified ease or savage laziness."1
There is the amplest evidence that the earlier man of
Iowa led an industrious and valuable life; and when we
think of the number of things he made, the quality of his
work, the difficulties of his clime, and yet withal the high
stage he reached, our admiration must grow and our rever-
ence for that life and civilization must increase.
INDIAN NAMES AS KEMINDEKS
In still another way these predecessors have left with us
a permanent reminder. The very name of the State, our
fancy has borrowed from their musical tongue. A score of
Robinson, Annals of Iowa, 3d series, vol. in, p. 176.
70 THE IOWA JOURNAL
our counties, a dozen of our creeks, more than a dozen of
our rivers, many of our lakes, hills, and choicest nature
regions bear the imprint of the Red Man's discernment.
And so all over our broad nation, as Mrs. Sigourney says
in her poetic tribute, their names are on our waters, their
memory lives on our hills, and their baptism on our shores.
THE DAVENPOKT ACADEMY
The best continued series of work in the direction of
Anthropology in Iowa has doubtless been done by and under
the auspices of the Davenport Academy of Natural Sciences.
Its record is that of a rare devotion on the part of a self-
made institution. It was founded in 1867 through the scien-
tific interest of four business men of that town. The interest
spread because of the untiring effort and high ability of the
men who were at its head. In a few years it became known
in scientific circles all over the world. The names of
Sheldon, Parry, Barris, Farquharson, the Putnams, Pratt,
Preston, Harrison, and Starr have become well known
through the publications of the Proceedings of this Academy.
A notable account of its rise and chief workers was published
by Professor Frederick Starr in the Popular Science Monthly
for May, 1897. Through the appreciation and memorial
devotion of Mrs. M. L. D. Putnam the Academy has finally
gotten well housed. There, in commodious buildings, are
its splendid museum containing many thousands of valuable
specimens, and its library of some forty thousand volumes.
It is a great source and center of scientific information and
inspiration. It has now a memorial publication fund, and
has put forth some seven or eight volumes of Proceedings.
OF HISTORY AND POLITICS 71
In these are many articles and monographs of the first order
of merit. Perhaps the major part of the collections and of
the Academy's interest is anthropological in character.
PEOFESSOE STAEE'S WORK
As a member of the Davenport Academy, Professor Fred-
erick Starr, (now of Chicago University) has done much in
the direction which this paper urges. About 1887 he under-
took the assembling of a Bibliography of Iowa Antiqui-
ties. This was revised and extended in 1892 and published
as part 'of the Proceedings in Vol. VI. It covers 205
titles of articles, references, pamphlets, monographs, and
more extended works, while in itself it is the evidence of
large industry and archaeological interest.
In February 1895, Professor Starr issued in the same
volume of Proceedings a Summary of the Archceology of
Iowa. In the prefatory note he says:
It is now several years since I planned the work of which this is
a part. As a student, in Iowa, of Iowa archaeology, I believed that
a systematic work carefully outlined might be carried out with
profit. As the plan shaped itself it comprised five separate pieces of
work:
(a) Preparation of a bibliography, that workers might know
where to look for the literature.
(b) Publication of a summary, that those interested, who do not
have access to libraries, may know what has been done.
(c) Organization of exploration in every part of the State; collec-
tion of data, diagrams, plans; making of a working-map, showing the
location of mounds, shell-heaps, trails, village sites, etc. — in other
words, field-work.
(d) Publication of a final report of the work done under such
72 THE IOWA JOURNAL
organization, and a separate publication of the map worked out by
the exploration.
(e) Preparation of a pamphlet of illustrations of ' ' Iowa types " of
archaeological specimens, and of a series of plaster copies and models
of remarkable specimens, mounds and the like, for distribution to
universities, high schools, colleges, and scientific and historical
societies within the State. This educational work is the most impor-
tant and significant part of the whole plan, and can only be done well
after the other parts have been performed.
How far this plan is to be realized remains to be seen. The Bib-
liography has been printed; the Summary is here presented. By a
wide distribution of this through the State it is hoped that a body of
helpers and co-workers may be raised up to work under direction
toward definite ends. Persons interested are urged to write to the
Academy for advice and for fuller statement of plans,
In this summary he gives a carefully detailed account of
the "finds" concerning pre-historic men in various parts of
the State. It is arranged alphabetically by counties and
gives location and authorities. This is a piece of splendid
work of the greatest value as a guide to further study and
investigation of these important subjects. It is perhaps the
main purpose of the present paper to re -emphasize the plea
made by Professor Starr in his introductory note to the
"Summary," Already half a dozen years have passed, and
little heed to these words has been taken by the higher
educational institutions or by State instigation. Individuals
here and there are as diligent as ever in their pursuit of
information and their collection of materials. Articles of
brief character are appearing at intervals in periodicals and
in other works. With no attempt to mention all, reference
may be made to the Annals of Iowa, the various volumes
OF HISTORY AND POLITICS 73
of documentary materials, compiled and edited by Professor
Shambaugh, the Iowa Historical Lectures of 1892 and 1894,
the Iowa Historical Record, the volumes of the Iowa
Academy of Sciences, (annual volume since 1893), the his-
tory of numerous counties, Sabin's The Making of loiva,
the American Naturalist, (articles by Clement L. Webster
and others), the before mentioned Proceedings of the Daven-
port Academy of Sciences ', and the Reports of Geological
Surveys, of the Bureau of Ethnology and of the Smith-
sonian Institution, etc. Doubtless there are many others
that would deserve a place in any list that pretended to
completeness. The intelligent and comprehensive work of
the State Historical Society, at Iowa City, in collecting,
classifying, and publishing early historical documents is
worthy of special mention. In another way Sabin's Making
of loiva is one of the few readable compendiurns.
THE SCIENTIFIC AND EDUCATIONAL AEGUMENT
From the scholar's point of view the study of early man
in Iowa (and in all America, of course) is incalculably desir-
able. On the broader knowledge of man in general now
depends the progress of the present and coming man in
particular. Progress has become the one great end of life.
To understand how to go ahead we must learn how we
arrived where we are. The law of evolution is today the
central interest in science and education. History has been
most imperfectly kept. Man has only lately become a
bookkeeper. Thinking of his career as a whole, we can
say, he has only recently taken on the habit of keeping a
diary. Printed and written records go back but a short
74 THE IOWA JOURNAL
time. These we are accustomed to call u history." From
these we can learn but a small part of the great lesson
needed. But there are other kinds of history. For a cen-
tury past we have been searching other records. From
them sometimes we learn more valuable and more accurate
facts than from the old sources. We have been reading
from buried remains the ancient story of the men of far off
ages, and it has helped us to fill up gaps with knowledge.
We are studying the more primitive men who are still
extant and taking note of their physical, mental, and moral
stages. They tell us much that is true of the men of yes-
terday, and thus they help us make out the story of our
own natural history. Reading this story we perceive the
laws of our lives. Such anthropological study is necessary
before we can solve the nearer problems that beset us. We
have arrived at the stage in which we make great effort to
grow uon purpose," by intention; but our purpose is fruit-
less unless we know the laws of growth. Speculation,
opinion, dissension, contradiction, prejudice, dogmatism —
these go but a little way toward real understanding. For
thousands of years men have tried these, and in these
thousands of years they have made little progress aside
from what was forced upon them by natural selection and
the ordinary evolutional forces. Their views and their
ways are useful, but useful mostly as warnings.
Too much will scarcely be said upon this matter of
rational purposive undertaking. Only thus do we "discover
truth. Only thus do we displace ignorance. Only thus do
we correct speculation. Only thus shall we get entirely out
of the woods of superstition. Only thus shall we be able
OF HISTORY AND POLITICS 75
to increase in ourselves and create in others that more gen-
eral human interest so needed to make the method and
results of science universal.
THE MORAL ARGUMENT
A proper magnanimity on the part of the conqueror en-
deavors to do justice to the conquered. The present always
owes it to the past to write its history. The men who have
literary power must be the scribes for those who went
before but had it not. The historian, the scientist, the
anthropologist, the archaeologist, and the geologist must do
justice to the men of all former times. There rests upon
them the stringent moral obligation to pick up every pos-
sible letter and line of human career from the great book of
Nature, and with these to write history and make a science
of man. He is a most ungracious victor who would not
deliver the funeral address for him whom he has slain.
The least that we who are in possession of these fair lowan
acres can do, is to pay the fullest and justest tribute by way
of record and estimate to those who have previously occu-
pied this soil. To us has come the heritage without
struggle and without loss of blood or treasure. This hard-
ship our pioneer forefathers endured. This wrong of forc-
ible possession (if wrong it was) they perpetrated. For
our peaceable abode we are neither to be credited nor blamed.
To us is the blessing, and upon us is the responsibility. As
sons of the victors we owe to the conquered a tribute which
is fast becoming tardy. We owe it as the survivors in a
conflict to pay what only is due to those once dispossessed.
We owe it as the only small return possible for our incalcul-
76 THE IOWA JOURNAL
able gift. We owe it as the least we can do to correct in
our own and in posterity's minds the one-sided influence and
prejudices against the vanquished. We owe it as lovers of
literature, of truth, and of justice to pass on to posterity a
magnanimous account of the races whose further develop-
ment our race cut off.
DUEEN J. H. WARD
IOWA CITY, IOWA
A GENERAL SURVEY OF THE LITERATURE
OF IOWA HISTORY
English scholars are still at loggerheads over the relative
merits of the two schools of historical study and research,
the archaeological and the philosophical. One camp, ably
led by Round, insist that history is a science, and not litera-
ture at all; that it is not written for the general public; that
it is weakened by so much as makes it interesting; that it is,
in fact, simply a grouping of documentary evidence exhaust-
ively covering a given period. The other camp, as ably led
by Frederic Harrison and Andrew Lang, maintain that
the true historian is more judge than reporter; that, how-
ever great his dependence on the archaeologist, he must ever
write about men and events "in a human kind of a way,"
his distinguishing quality being "a constructive imagina-
tion, " and that, therefore, his work is essentially literary.
Undisturbed by old world controversies over definitions,
pleased to accept from any source any genuine material
bearing upon Iowa's past, and always willing to give every
contribution the credit to which it may justly be entitled, the
student of Iowa history gladly welcomes all who have any-
thing to bring to his table, whether it be the dry bones out
of which with the aid of his constructive imagination he may
reproduce the past, or the work of the contemporaneous his-
torian, whose temperament and whose relation to the events
he describes must ever be borne in mind by the reader.
78 THE IOWA JOURNAL
The history of Iowa may for the sake of convenience be
divided into periods as follows: (1) The Territorial Period.
(2) The Pioneer Period of the Commonwealth. (3) The
War and Reconstruction Period. (4) The Contemporaneous
Period, or the Present.
THE TERRITORIAL PERIOD
1. The history of the territorial or constitution -making
period has recently found expression in a historical work
entitled, History of tlie Constitutions of loiva.1 This
volume, as the title implies, is an account of the political
foundations of the Commonwealth. Beginning with the
Louisiana Purchase, rapidly passing on to the epoch of the
explorer and the fur -trader, during which Iowa was part
of the vast Territory of Michigan, lingering longer over
Iowa's two-years' career as part of the Territory of Wiscon-
sin, giving the extended space which its importance demands
to the eight years' career of Iowa as a Territory and to the
first eleven years of Iowa as a State, the importance of this
work as a political history can not well be over-estimated.
Especially interesting and valuable is the chapter on the
Squatter Constitutions, for we must go back to the "squat-
ters" of the thirties to find that starting point of character
and conditions which in large measure accounts for the Iowa
of today. Still more important as an addition to history is
the main body of the work covering the constitution-making
years, 1840-46. During those years the new Territory went
through several campaigns of education, these finally result-
1 History of the Constitutions of Iowa. Historical Department of
Iowa. Des Moines. 1902.
OF HISTORY AND POLITICS 79
ing in the adoption of a State Constitution satisfactory both
to Congress and to the people of the Territory. The debates
in Congress and the discussions in the newspapers and on the
stump over the question of statehood, and as to the kind and
quality of statehood, are here for the first time brought
together in their proper sequence. The reader is strongly
impressed with the prominence given the Territory of Iowa
in the congressional debates of the early forties. The last
two chapters of the book, devoted to the Constitutional Con-
vention and the Constitution of 1857, briefly present the
incidents and the results of that first — and, down. to date,
only — attempt on the part of the State of Iowa to improve
upon the foundation work of its pioneers.
2. The substantial foundation in character and convic-
tions upon which the new State was builded finds illustra-
tion in the official utterances of Iowa's territorial Govern-
ors. For example, Governor Lucas' first message, in 1838,
strongly urged the free common-school system. Note his
earnestness :
There is no subject to which I wish to call your attention more
emphatically than the subject of establishing, at the commencement
of our political existence, a well-digested system of common-schools.
Two years later the Governor urged the adoption of the
township system of aid to public schools as fostered by the
general government.
The present freedom of Iowa law from legal verbiage
received its first bent from Governor Lucas. Himself a
lawyer, he early recommended that, uin laying the founda-
tions of a system of jurisprudence in the Territory," it was
advisable to unite "in simplifying not only our laws, but
80 THE IOWA JOURNAL
the rules of practice and proceedings, and to exclude
therefrom as much as practicable, everything of a fictitious
or ambiguous character."
It is hard for residents of other States to comprehend the
firmness with which Iowa clings to her "settled policy,"
making the prohibition of the saloon the rule of the State
and the payment of a mulct tax the local exception to that
rule. In his second message, in 1840, Governor Lucas
urged upon the legislature the repeal of all laws granting
license to retail ardent spirits. He then added:
But should the foregoing recommendation be deemed inexpedient,
I would suggest an alteration in the laws, so that no license to retail
ardent spirits or other intoxicating drinks, should be granted by any
authority in any county within the territory of Iowa, unless a
majority of the legal voters in such county, should vote in favor of
granting such license at their respective annual elections.
His Whig successor, Governor Chambers, also grew elo-
quent over the evils of intemperance and the necessity of
bettering the "public schools; but the treaty with the Sac
and Fox Indians, by which a vast region of the Territory
was thrown open to actual settlers, was Governor Chambers'
crowning achievement in practical statesmanship.1
Governor Clarke, the last of the territorial Governors,
in 1845, sounded the first note of warning against the evil
of over-legislation and against a tendency to extravagance
in public expenditures.2
3. Embedded in the laws of the Territory is a mass of
history -making material which can not be omitted in any
1 Treaty of 1842, U. S. Statutes at Large, vol. vn, p. 596.
2 Message of December 3, 1845.
OF HISTORY AND POLITICS 81
review of the literature of Iowa history. It is free from
verbiage, revealing on every page the thoroughness of the
emancipation from old-world formalism. The titles of the
laws from 1838 to l'846 would seem to cover well-nigh
every point of possible difference between man and man,
between individuals and corporations, and between corpora-
tions. No one can study this crystalization of experience
into statutes without becoming impressed with the splendid
equipment of the Territory for the burdens and the privi-
leges of statehood.
4. We must go to the territorial court reports for the
practical application of these laws to concrete cases. The
very first case in the supreme court reports, in 1839, is
full of historic interest. It is In the matter of Ralpli (a
colored man,} on Habeas Corpus,1 and defines the status of
the negro in the Territory. The findings of the court, as
annotated by reporter Morris, are:
Where a slave goes with the consent of his master to become a
permanent resident of a free State, he can not be regarded as a fugi-
tive slave. The act of 1820, for the admission of Missouri into the
Union, which prohibits slavery north of 36 deg., 30 min., was not
intended merely as a naked declaration, requiring further legislative
action to carry it into effect, but must be regarded as an entire and
final prohibition. The master, who subsequently to this act, per-
mits his slave to become a permanent resident here, can not afterwards
exercise any acts of ownership over him within this territory.
This pioneer court's independence of the letter of the law
and its jealous regard for the rights of the individual are seen
Jl Morris (Iowa) 1.
82 THE IOWA JOURNAL
in Justice Mason's emphatic No to the appeal in the case of
Hill against Smith and others,1 in 1840:
It is contrary to the spirit of our institutions, to revive without
notice, a penal statute, grown obsolete by long disuse; especially
when the general current of legislation shows the statute to have been
regarded by the legislature as no longer in force. Custom can repeal
£L statute.
5. Following are a few of the out-of-print works bearing
upon this period: Monette's History of the Mississippi
Valley? Fulton's Red Men of Iowa;3 Lea's Notes on the
Wisconsin Territory;* Drake's Life of Black Ha/wk* and
Wilkie's Davenport, Past and Present.*
Among the valuable brochures issued by the State His-
torical Society especial mention should here be made of
Iowa Historical Lectures (1892) and Historical Lectures on
Early Leaders in the Professions in the Territory of Iowa
(1894), severally contributed by T. S. Parvin, J. L. Pick-
ard, C. M. Hobby, Ernlin McClain, William Watson, and
L. F. Parker.
Early mention should be made of the quarterlies issued
ll Morris (Iowa) 70.
2 History of the Discovery and Settlement of the Valley of the Mis-
sissippi, etc. By John W. Monette, M. D. 2 vols. New York. 1846.
'ThQltedMenoflowa. By A. R. Fulton. Des Moines. 1882.
4 Lieutenant Albert M. Lea's Notes on the Wisconsin Territory, etc.,
was published at Philadelphia in 1836. This book of 53 pages is
very rare.
5 Life and Adventures of Slack Hawk, with Sketches of Iteokuk,
the Sac and Fox Indians, and the late Slack Hawk War. By Benj-
amin Drake. Cincinnati, Ohio. 1844.
6 Franc B. Wilkie's book was published at Davenport in 1858.
OF HISTORY AND POLITICS 83
by the State Historical Society of Iowa and by the Histor-
ical Department of Iowa. The first series of the Annals
of Iowa, covering the years 1863-74, published by the State
Historical Society, was edited respectively by S. S. Howe,
T. S. Parvin, Frederick Lloyd, and S. W. Huff, and its
contributors included many of the ablest and most promi-
nent pioneers of the Territory and State. The second series
of the Annals, including the years 1882-84, was chiefly the
work of S. S. Howe by whom it was privately published.
This publication was succeeded in 1885 by the Iowa His-
torical Record, edited first by Frederick Lloyd and then by
J. L. Pickard. The Record was discontinued with the
w
number dated October, 1902, the publication to be suc-
ceeded by the Iowa Journal of History and Politics. The
third series of the Annals of Iowa, issued from the Histor-
ical Department of Iowa, must ever be regarded as a
monument to the foresight and resultful labors of its founder
and editor, the Hon. Charles Aldrich, Curator of that de-
partment. This series is especially rich in literature bear-
ing upon pioneer life in Iowa, its editor and many of its
contributors being themselves part of the history of their
State.
Before passing to the second division of the subject, let
us take a parting glance at the Territory as seen by John
B. Newhall uwhen the Iowa boom was on." In his book,
Glimpses of Iowa, published in 1846, Mr. Newhall says:
The writer of these pages, frequently having occasion to traverse
the great thoroughfares of Illinois and Indiana, in the years 1836-7,
the roads would be literally lined with the long blue wagons of the
emigrant slowly wending their way over the broad prairies — the
84 THE IOWA JOURNAL
cattle and nogs, men and dogs, and frequently women and children,
forming the rear of the van — often ten, twenty, and thirty wagons in
company. Ask them when and where you would, their destination
was the "Black Hawk Purchase." l
THE PIONEER PERIOD OF THE COMMONWEALTH
In our general survey of the historical literature of the
pioneer period of the Commonwealth we must again go
back to the original sources already consulted.
1. The files of the Congressional Globe indicate that
Iowa's attitude toward the slavery question, at first conserva-
tive, underwent a radical change in 1856. In 1850, Senator
Dodge opposed "slavery in the abstract" but supported it
on constitutional grounds. He was "willing and anxious for
the passage of the fugitive slave bill" and affirmed that his
constituents were not "negro-stealers."2 At the next session
thereafter Senator Jones presented resolutions passed by the
Iowa legislature declaring, with reference to the reactionary
measures of the previous Congress, that it was uthe duty of
all good citizens to carry them out in good faith, seeking
their modification or repeal, if such should be necessary, in
the manner contemplated in the constitution and the laws."3
The Senator was certain that "the resolution reflected the
sentiments of the Democratic party and of a small portion
of the Whigs of Iowa. " Senator Dodge boasted that he and
his colleague, Senator Jones, were two of the three senators
who voted for the fugitive slave law, and that since then his
JSee page 12.
2 First Sess., 31st Cong., p. 1085.
"First Sess., 32d Cong., p. 700.
OF HISTORY AND POLITICS 85
colleague had been returned without objection from Demo-
crat or Whig on account of his votes on this bill.1 In 1856
the voice of Senator Harlan was heard in favor of a bill
authorizing the people of Kansas to form a Constitution.2
Senator Jones affirmed that Harlan's views were not those of
the people of Iowa.3 The following winter, the Iowa legis-
lature put itself on record as "unqualifiedly opposed to the
further extension of slavery within the jurisdiction or by the
sanction of the general government," insisting that Congress
should " exert all constitutional power to preserve our
national territory free."
2. In passing to the consideration of early state legisla-
tion as a source of history, we may well recall the words
of a statesman whose eloquent speeches and addresses are
part of the literature of Iowa history. Said Senator James
F. Wilson in an address before the makers of the Iowa
Constitution at their reunion in 1882:
Law is history. A substantially correct history of a people may
be written from a copy of their laws The growth of a nation
may be read in the laws. They tell us how it commenced, how it
progressed, what point of excellence it reached, when it faltered and
how it failed. They tell us of its moral conditions, its degree of
intelligence, its pursuits, its dominant thoughts, its characteristic
traits. In the lines of its laws, we read of its trade, its commerce,
its occupations, its times of peace, its preparations for conflict, its
victories and defeats For the things which most nearly,
practically and definitely affect a people are almost sure of a lodg-
ment in their laws.
1 First Sess., 33d Cong., Appendix, pp. 376, 382
2 First Sess., 34th Cong., Appendix, p. 270.
8 The same, p. 405.
86 THE IOWA JOURNAL
The messages of the pioneer Governors to the pioneer
legislators of the State abound in the material of which his-
tory is made. This is preeminently true of those which bear
the name of James W. Grimes. Let a single reference suffice,
at present, as showing the quality of the man behind the
message. In December, 1854, two years before the Kepub-
lican party began its career as a national party, Governor
Grimes officially filed his protest against the repeal of the
Missouri Compromise, the conclusion of which reads:
It becomes the State of Iowa — the only free child of the Mis-
souri Compromise — to let the world know that she values the bless-
ings that the compromise has secured to her, and that she will never
consent to become a party to the nationalizing of slavery. 1
The Iowa General Assemblies of this period were engaged
mainly in the pioneer work of carving out new counties,
making roads, granting rights of way to railroad corpora-
tions, strengthening the common school system, founding a
state university, studying constitutional questions, ratifying
the work of the constitution -makers, and in various other
practical ways developing the theory of local self-government
upon which the Commonwealth was founded. It is inter-
esting to note in passing that the present policy of merging
railroad organizations had its forerunner in an act passed by
the Fifth General Assembly of Iowa (1854-5) authorizing
railroad companies uto consolidate their stock with the
stock of railroad companies in this, or an adjoining state,
and to connect their roads with the roads of said com-
panies."
1 Inaugural address, December 9, 1854.
OF HISTORY AND POLITICS 87
The opinions of Justices Wright, Stockton, Greene, and
other able jurists who were early called to the supreme
bench of the State are interesting " human documents"
revealing rare strength of mind, clearness of logic, and
sturdy common sense in the fitting of new duties to new
occasions.
3. No other chapter of Iowa history has been quite
so thoroughly written as that which is "related to events
grouped around the Spirit Lake Massacre of 1857. In this
connection, of prime importance as a first-hand contribution
is Mrs. Abigail Gardner Sharp's little book entitled History
of the Spirit Lake Massacre and Captivity of Miss Abbie
Gardner}- Though somewhat marred by "fine writing,'7
the work is valuable as a story told from memory by the
sole survivor of the tragic events pictured. The following
extract will suggest the human interest which attaches to
the story:
Near the ghastly corpses and over the blood-stained snow; with
blackened faces, and fierce and uncouth gestures; and with wild
screams and yells, they circled round and round, keeping time to the
dullest, dreariest sound of drum and rattle, until complete exhaustion
compelled them to desist.
4. John Brown's several sojourns in Iowa (in 1857-8-9)
have developed several papers in the Annals, a chapter in
Grinnell's Men and Events? a first-hand contribution from
Lieutenant Governor Gue in the Midland Monthly, and fifty
JThis book was published at Des Moines in 1885.
2 Men and Events of Forty Years : Autobiographical Reminiscences
of an active career from 1850 to 1890. By Josiah Bushnell Grinnell.
Boston. 1891.
88 THE IOWA JOURNAL
well- written pages entitled John Brown among the Quakers,
by Mr. Irving B. Richman.1 Mr. GrinneH's sketch of the
great fanatic begins thus interestingly:
A ring at my door, March, 1859. "Good evening, sir. I am a
stranger here — pardon me — is this Mr. Grinnell?" "That is my
name." "I have heard of you and do not feel like a stranger, for you
married a daughter, I am told, of my old friend, Deacon Chauncey
Chapin, of Springfield, Mass., where I once resided."
"Will you come and see the daughter?" "Yes, I am chilly
riding, and wish to open my errand privately."
He accepted an invitation to tea; and his attentions to the little
girl, our prattling Mary, soon brought her playfully to his knees.
"Let me see you in the hall a moment; I am not here for a
social visit — I am the awful Brown of whom you have heard —
Captain John Brown of Kansas."
5. The historical periodicals contain much that bears
upon those first years of statehood. Charles Aldrich, T.
S. Parvin, Dr. Salter, Lieutenant Governor Gue, Hirarn Price,
Judge Wright, Governor Carpenter, Judge Springer, Colonel
Gatch, Captain Ingham, Tacitus Hussey, and many others
have done the State excellent service in their columns.
6. Interesting works have been written by present-day
writers on certain striking sociological phases of Iowa history.
Prominent among these are Dr. Albert Shaw's Icaria, issued
in 1884,2 and the late William Kufus Perkins' The Amana
Society, a historical monograph issued from the State Uni-
*John Brown among the Quakers and other Sketches. By Irving B.
Richman. Revised edition. Historical Department. Des Moines.
1899.
2Jrcaria: A Chapter in the History of Communism. By Albert
Shaw. 1884.
OF HISTORY AND POLITICS 89
versity of Iowa.1 These have been supplemented by maga-
zine articles by Bertha Horack Shambaugh,2 Barthinius L.
Wick,3 Richard T. Ely,4 and others.
7. The Pioneer Law-makers' Association of Iowa has
published reports of its re -unions. These reports contain
not a few first-hand contributions to history in the form of
letters, addresses, and impromptu remarks by prominent
lawyers and legislators. To these reports the student of
Iowa history must go if he would make that close personal
study of the evolution of a Commonwealth without which
the history of the State would be incomplete.
THE WAR AND RECONSTRUCTION PERIOD
1. The heroic period of Iowa history (1861-5) is well
covered by regimental and company histories, Loyal Legion
papers, a series of war sketches in the Midland Monthly,
and a large number of individual contributions to the Annals
of Iowa and the Iowa Historical Record. Several of the
county histories add to the mass of war material. Stuart's
Iowa Colonels and Regiments 5 is an interesting grouping of
events about the military careers of Iowa's most famous
1 History of the Amana Society, or Community of True Inspira-
tion. By William Rufus Perkins and Barthinius L. Wick. State
University of Iowa Publications. 1891.
* Midland Monthly, July, 1896; The World Today, October, 1902;
Report of the Iowa Commissioner of Labor Statistics, 1901.
8 The Amish Mennonites. Published by the State Historical Society
of Iowa. 1896.
4An article on Amana in the October, 1902, number of Harpers'*
Magazine.
5 This volume was published at Des Moines in 1865.
90 THE IOWA JOURNAL
soldiers. Ingersoll's Iowa and the Rebellion1 is not to be
omitted in any mention of the State's war history.
2. The one comprehensive historical work covering this
entire period is Iowa in War Times, by S. H. M. Byers.2
Major Byers' book of over six hundred pages tells in stirring
words the story of Iowa's splendid response to every call for
troops. It pictures the advent of Grant upon the troubled
scene in Missouri; it takes the reader to Belmont, Donelson,
Pea Ridge, Shiloh, luka, Corinth, Prairie Grove, Port Gib-
son, Champion Hills, Black River Bridge, Helena, and
Vicksburg, and tells him of Iowa's part in the events for
which those names stand. The scene next shifts to Chatta-
nooga, Lookout Mountain, and Missionary Ridge. The
disastrous Red River campaign follows, and then the story
of several "engagements," beside which the "battles" in
our recent war are mere skirmishes. Then follows a vivid
picture of the "March to the Sea" which the author has since
immortalized in epic and lyric verse. "We next turn back to
Hood's invasion, followed by the battle of Franklin, and of
Nashville. The reader is next translated to the Shenandoah
valley, thence to the Carolinas, finally rounding up in the
national capital. Sketches of Iowa soldiers, Iowa regiments,
and Iowa activities at home, with much other material, are
also included in this work — a work the historical value of
which has not as yet been generally appreciated.
1 Iowa and the Rebellion; A History of the Troops furnished by
the State of Iowa to the Volunteer Armies of the Union, which con-
quered the Great Southern Rebellion of 1861-5. By L. D. Ingersoll.
Philadelphia. 1866.
*This book of 799 pages was published at Des Moines in 1888.
OF HISTORY AND POLITICS 91
3. The files of the Congressional Globe during this
period give no uncertain sound from Iowa's stalwart senators,
Grimes and Harlan, and from Representatives Wilson, Price,
Grinnell, Kasson, and others on such vital questions as the
vigorous prosecution of the war, emancipation, and the
arming of the negroes.
4. The war messages of Governor Kirkwood, and the
responses of Iowa's legislatures are in part brought out in
Lathrop's Life and Times of Kirkwood, to which work
further mention will be made hereafter.
Let us pause at this point long enough to consider briefly
the lives of the great triumvirate of statesmen to whom
reference has already been made. Though their personal-
ities are vividly recalled by many who belong to the present,
their respective careers essentially belong to Iowa's past.
1. The Life of James W. Grimes, by William Salter,1
is, as the author says in his preface, "substantially autobio-
graphical." In fact its author too severely repressed his
own strong personality, believing he might thereby the bet-
ter develop his subject. This best of Iowa's biographies
brings to the front of the reader's vision a character of
superb strength and a career of rare usefulness. It also
throws many a side-light upon the territorial, early state-
hood, and war periods of Iowa's history. As citizen, lawyer,
pioneer legislator, campaigner, executive officer, and consti-
tution-maker, he is found to have been possessed of uncom-
promising honesty, rare moral courage, and the statesman's
book was published in 1876, and bears the imprint of D.
Appleton & Co. New York.
92 THE IOWA JOURNAL
gift of prophecy. Two events in his life well represent these
qualities.
In 1854 the country was agitated over an attempt to
repeal the Missouri Compromise which prohibited the ex-
tension of slavery into Kansas and Nebraska. Grimes was
the candidate of the Whig party for Governor. That party
was thought to be in a hopeless minority. The nominee,
then only thirty-eight years old, put into the campaign a
degree of intellectual and moral force which was the delight
of his supporters and a surprise to his opponents. In a letter
to his wife, dated Glenwood, June 18, 1854, he gives this
vivid picture of one "situation" as he found it, and as he
left it:
When I came here, I found that the population was entirely
Southern. My friends were tender-footed, and did not wish me to
denounce the Nebraska infamy. I did not tell them what I would
do, but when we met in the court house I told them that the prin-
ciples I maintained on the Mississippi River I should maintain and
express just as boldly on the Missouri River. I then discussed the
subject an hour, and pleased both my friends and enemies. They all
saw that my principles did not change with a change of latitude, and
they applauded me to the skies. Although this is a Democratic
county, my friends assure me that I will receive fifty majority in the
county.
Fortunately, we have the substance of this campaign
speech in a published address to the people of Iowa. After
calmly reciting the history of the Missouri Compromise the
campaigner proceeded to an argument against repeal, first
on the ground of expediency and then on the ground of
duty, concluding with an appeal to the public conscience.
These are his concluding words:
OF HISTORY AND POLITICS 93
I am content that the slaveholders of the South may possess their
slaves and be responsible for their control over them to their own
laws and their own consciences. I will not even presume to judge
them. But, with the blessing of God, I will war and war continually
against the abandonment to slavery of a single foot of soil now con-
secrated to freedom. Whether elected or defeated — whether in
office or out of office — the Nebraska outrage shall receive no "aid or
comfort" from me.
His election to the governorship made James W. Grimes
the leader of political thought in Iowa — and in the entire
West as well. Salmon P. Chase in a congratulatory letter
declared this representative of "the extreme West" entitled
to 4 ' the honor of being first to lay down the great principle
on which the slavery question must be settled, if peacefully
settled at all."
No less courageous was Senator Grimes' position in 1868
on the impeachment of President Johnson. He saw in the
proposed impeachment ua movement which might result in
making ours a sort of South American republic where the
ruler is deposed the moment the popular sentiment sets
against him." Two months after he thus stated his views
in a letter to his wife, Senator Grimes delivered a lengthy
opinion, the logic of which, as regarded from the standpoint
of today, is simply impregnable. He maintained that con-
viction would establish the complete supremacy of Congress
over the other branches of government. He had "no apol-
ogy to make for the President's speeches. Grant that they
were indiscreet, indecorous, improper, vulgar; shall we not,
by his conviction on this [the eleventh] article, violate the
spirit of the Constitution which guarantees to him the free-
dom of speech?"
94 THE IOWA JOURNAL
His conclusion was a crystalization of the whole argu-
ment into a few forcible sentences, such as the following:
I cannot agree to destroy the harmonious working of the Consti-
tution for the sake of getting rid of an unacceptable President.
Whatever may be my opinion of the incumbent, I can not consent to
trifle with the high office he holds. I can do nothing which, by im-
plication, may be construed into an approval of impeachments as a
part of future political machinery.
The strain of that long-drawn-out impeachment trial and
the abuse and detraction which followed his vote of "Not
guilty," all together resulted in a physical catastrophe from
which the Senator never recovered. Two days after the
delivery of his opinion, Senator Grimes, while at his post
of duty in the senate-chamber, was stricken with paralysis.
He lived long enough thereafter to receive from his con-
gressional associates and from the people of his own State
many gratifying assurances of their continued respect and
confidence.
2. The Life and Times of Samuel J. Kirkwood,1 by H.
W. Lathrop, though far from being a finished literary pro-
duction, without the touch of the critical biographer, and
wanting in reference dates and table of contents, is one of
the most important of the many individual contributions to
Iowa's biographical history. It is valuable both as a semi-
official history of Iowa's part in the Civil War, and for the
vivid pictures of early life in Iowa, especially during the
war period. Mr. Lathrop has quoted liberally, and wisely,
1Mr. Lathrop submitted his manuscript to, and secured the ap-
proval of, Governor Kirkwood. The book was published by the
author at Iowa City in 1893.
OF HISTORY AND POLITICS 95
from the writings and speeches of the great war Governor.
As in the case of Senator Grimes, these quoted utterances
reveal a character combining rare wisdom and strength.
The personality portrayed in the narrative is one which in
picturesqueness is scarcely surpassed by even that of Lincoln
himself.
Among the incidents included in this work is one show-
ing how destiny, or providence, or chance — call it what
you will — drew the Johnson County miller into politics.
There had been published a mysterious call, signed
"Many Citizens," for the organization of a Republican
party in Iowa "to make common cause with a similar party
already formed in several other of the States," against "the
evident purpose of the Democratic party to nationalize
slavery." On the day of the convention (Feb. 22, 1856),
Kirkwood's partner, Ezekiel Clark, drove from Iowa City
to the mill near town, where he found the future statesman
hard at work as usual. He asked him if he wasn't going
to attend the meeting. Kirkwood, who had but recently
emigrated from Ohio, said those in attendance would be
strangers to him, and besides there was so much to do in
the mill he couldn't well leave. When told that one or
two old friends from Ohio would be there, he decided to
attend. Several of his Iowa City neighbors, who knew of
his successful career in the Ohio legislature, by agreement,
started a call for a speech from Kirkwood. While the call
was being made, loud whispers of "Who's Kirkwood?"
were heard around the room. The Ohio man eloquently
responded, and from that time on there were few in Iowa
who didn't know all about Samuel J. Kirkwood.
96 THE IOWA JOURNAL
That picture of the rival candidates for Governor in 1859
as they entered Washington, Iowa, is a fit subject for the
painter's brush. General Augustus Caesar Dodge, ex-rnin-
ister to Spain, and the Democratic nominee for Governor,
was driven into town in a "coach and four," as befitted his
recent association with royalty. Kirkwood, the farmer and
miller, nominee on "the plow-handle ticket," arrived ahead
of the General and was seen seated in "a good-sized wagon
with a hay-rack on," the wagon drawn by two yoke of
oxen. The cheers of the crowd frightened the oxen and
they began to run, but their owner applied the whip and
"drove them around the square in true farmer style."
Suffice to say that the contrast, completed by the grand
entree of the ex-minister, was very effective.
The patriotic and prompt action of Governor Kirkwood
in putting troops into the field, faster than they could be
cared for by the Government, the personal sacrifices he
made and the financial risks he ran in borrowing money for
the feeding and clothing of the men in the field, are told
from the records.
There was not a man in the whole State of Iowa — Grimes
and Harlan not excepted — who could more effectively reach
and move the plain people. His own personal plainness,
his quaint humor, his wealth of illustration, his wide range
of experience — as lawyer, legislator, store -keeper, farmer,
and miller — a naturally logical mind, and a courage at
times approaching audacity, altogether made him well-nigh
irresistible in debate and on the stump.
Perhaps the best illustration of these qualities is Gover-
nor Kirkwood' s Sherman hall speech in Des Moines, Sep-
OF HISTORY AND POLITICS 97
tember 4, 1861. No outline can convey an adequate con-
ception of the combined cleverness, boldness, and effective-
ness of this appeal to the latent conscience and patriotism
of the people. Fault had been found with him as chief
executive. Some thought him lacking in energy and effi-
ciency. He frankly admitted his errors in judgment. Hind-
sight was so much better than foresight. He pressed this
matter not on his own account; what should become of him
was of [little consequence; but "upon you and each one of
you the Administration leans for support, and, I say it
plainly and boldly, you are not standing by that Adminis-
tration as you should stand by it."
Did ever a candidate for reelection look a people in the
face with more of courage? But he had more to say in the
same plain-spoken way. He had visited the national capital
recently, and this was the message he brought back with
him:
I say to you, what I think I know, that this same spirit of fault-
finding, this same spirit of denunciation, is discouraging and weak-
ening your Administration at Washington. It has to fight Jeff.
Davis and Beauregard on the one side, and men who should rally
round it on the other
It has been said that the Iowa volunteers have not been clothed
as well and as rapidly as they should have been clothed. That is
your fault, not mine. I had not the money to do that. You have
it and I have not been furnished with it. The clothes worn by your
First, Second, and Third Regiments to-day have not been paid for! . . .
After they were mustered in at Keokuk, Ezekiel Clark, Hiram Price
of Davenport, and your speaker borrowed on their private credit the
money — some $30,000 — which was required to pay them, and paid
it, and the debt is unsatisfied today
98 THE IOWA JOURNAL
If there be fault in this connection, on whom does it rest?
You should at least endeavor to help furnish the means to refund
this money, by subscribing for State bonds. I grew pathetic in a
newspaper appeal, a few days since, asking you to subscribe for State
bonds .... And let me say plainly — though as a candidate I ought
not to talk so to you — that, in so doing, you would be performing
your duty as well as in carping and fault-finding.
Now I am probably making a mistake. I don't know. I ought
perhaps to make handsome vows, speak soft and honeyed words,
things I can not do; but I will tell you the truth, as I understand
and believe it, and if you don't like it you have the remedy in your
own hands, you know.
Having thus fearlessly and fully freed his mind, the Gov-
ernor proceeded to tell his hearers the story of what the
Iowa executive had actually done despite the lack of money.
He grew eloquent over the cause of the war. He dwelt on
the leniency of the administration, making its cause there-
fore the stronger. "And now, my friends," he asked,
"what is our duty?" And with tremendous force came
the answer: u We must put doivn rebellion."
The Governor, by this time fully relieved of his message
to his people, dropped into that vein of humor which never
failed to send his audience home in good spirits.
The impress of this "plain, blunt man," who loved his
country even more than his friends, is deep and indelible,
and the literature of Iowa history must ever give large
prominence to the public career and public utterances of
Iowa's war Governor.
3. The life of James Harlan is yet to be written. Sen-
ator Harlan's biographer will be compelled to make the
Congressional Globe his text-book, and to have frequent
OF HISTORY AND POLITICS 99
recourse to the files of the Iowa press. Nor will he neglect
the historical periodicals of the State.
A loving tribute to the man and a keenly appreciative
estimate of his career appeared in the Midland Monthly of
March, 1894, written by the late Samuel M. Clark, a gen-
erous free-hand contributor to the literature of Iowa history.
Let a few characteristic sentences from this source suffice as
showing the author's conception of the character.
Hard work was structural with him.
A faithful and even affectionate response to every friendly appeal
has been made the habit of his life.
Mr. Harlan is universal and orbicular-minded. He sees every-
thing in large and universal relations, and is a teacher of teachers.
Mr. Clark's grouping of incidents of 1870-71, leading
down to Senator Harlan' s famous defence of President
Grant from the assault of Senator Sumner, is highly dra-
matic.
This general survey would be sadly incomplete without
some typical utterance of the virile Iowa senator whose
speeches were events. Of his many speeches in Congress,
perhaps the one already referred to was the most immedi-
ately resultful and is the one most vividly recalled. Sen-
ator Harlan first recited the story of occurrences leading
down to the charge that the President had engaged our navy
uin measures of violence and belligerent intervention, being
war, without the authority of Congress." He said:
You may travel through these long columns of extracts and com-
ments which required several hours in their delivery, and you will
find the whole case stated in that brief sentence, that the President
instructed the officers of the navy to maintain the peace in Dominica
100 THE IOWA JOURNAL
within the limits of that republic, and, if need be, to repel foreign
invasion during the pendency of the treaties. There proved to be
no necessity for the use of force, and none was used, either within
the limits of the republic or against any foreign power. There was,
therefore, no act of war, no single act of violence .... Not one gun
was fired, not one American soldier in hostile attitude trod the soil
of the Dominican republic.
Then followed an extended colloquy in which Sumner
maintained that the President had no belligerent powers
without sanction of Congress. Harlan showed from the
record that every President from Washington to Buchanan
had anticipated congressional action. Schurz came to Sum-
ner's rescue by citing Mexico. Again interrupting he asked :
[Mr. Schurz.] Does not the Senator know that war can be
brought on by an attack on us without declaring it ?
[Mr. Harlan.] Not unless we resist. . . . That is the very point
in issue.
[Mr. Sumner.] I beg the Senator's pardon; no such ground has
been taken. Everybody, I take it, recognizes the right of national
defense.
[Mr. Harlan.] I expected to drive both Senators from their posi-
tion before I closed. I had not expected them to yield so early in
the discussion.
With a few closing words on the unseemliness of the
assault upon the President in advance of the report of com-
missioners sent by Congress to San Domingo, and the evi-
dent purpose of the assault — to lay the foundation for the
President's removal — Harlan moved to lay the Simmer
resolutions on the table. The motion carried by a vote of
39 to 16!
Thus, for the second time in three years, was the Nation
OF HISTORY AND POLITICS 101
saved from mexicanization, and that too, by the courage
and logic of an Iowa senator.
In April, 1891, the late Frank Hatton gave to the press
a notable contribution on the life and public services of
James Harlan, declaring the subject of his sketch to be
"the most influential senator," and "the most effective and
powerful political speaker, Iowa ever produced."
Gen. James B. Weaver, though long alienated from
the party of Grimes and Harlan, still retains profound
admiration for both these statesmen. In the whole range
of invective it would be hard to find language more scathing
than that which General Weaver used in the World Review,
of November 30, 1901, in commenting on the defeat of
Harlan in 1871.
Among the notable Iowa biographies should again be men-
tioned Men and Events of Forty Years, a series of "auto-
biographical reminiscences of an active career from 1850 to
1890," by the late J. B. Grinnell.1 Its scenes from pioneer
life in the fifties are highly impressionistic, making clear many
a confusing page of Iowa history. Its descriptions of public
men are so many flash-light pictures. In the main, the
artist was fortunate in having caught the subject's character-
istic pose.
Iowa has had until now2 but one history covering at
1 Published by B. Lothrop Company, Boston.
* History of Iowa, from the Earliest of Times down to the Twentieth
Century, is the title of a four volume work announced by the New
Century History Co. of New York. The work has been prepared
by Lieutenant Governor B. F. Gue, of Des Moines.
102 THE IOWA JOURNAL
the time of its publication the entire period of its existence
as Territory and State. I refer to the Illustrated History
of Iowa, by Tuttle and Durrie, published in 1876. It was
one of a series of histories written to order by Prof. Charles
K. Tuttle, of Madison, Wis., and "sold only by subscrip-
tion," by R. S. Peale &> Co., Chicago. The part contributed
by Mr. Durrie was slight, being chiefly a summary of Iowa
legislation. This pioneer history has some value because it
covers in a general way a theretofore partially trodden field;
but the reader is compelled to take the author at his word
in his modest introduction which says: "In the preparation
of this volume I have not aimed so much at literary excel-
lence as to produce a work of usefulness." The limitations
of the pioneer historian were realized by himself, for farther
on he says:
The history of Iowa is my sixth book and fourth state history.
I regret that I was unable to bring to my assistance a long residence
in the State, which is so necessary to the success of such an under-
taking; yet, after all, scarred with errors as it may be, I fancy this
work will serve a purpose of some value to the great State of which
it treats, and be the means of preserving the materials for a better
history which future generations will demand.
Many works not as yet mentioned in this review are en-
titled to a place in any thorough evaluation of the sources
of, or bibliography of contributions to, the history of Iowa.
Of the later publications the following should be men-
tioned: Die Deutsclien von Iowa und deren Er rung en-
schaften, by the veteran Iowa editor and publisher, Joseph
Eiboeck;1 Fox's History of Political Parties and National
Published at Des Moines in 1900.
OF HISTORY AKD POLITICS 103
Reminiscences;1 Institutional Beginnings in a Western
State, by Prof. Jesse Macy of Grinnell;2 Progressive Men
of Iowa, published by Conaway & Shaw;3 Chandler's His-
tory and Civil Government of loiuaf and Iowa and the
Nation* Ains worth's Recollections of a Civil Engineer;
Seerley and Parish's History and Civil Government of
lowaf The Making of Iowa, a series of historical sketches,
by ex -State Superintendent Henry Sabin and Edwin L.
Sabin, one of the coming litterateurs of Iowa; Holbrook's
Recollections of an Nonagenarian; Adams' The Iowa
Band; and Elizabeth H. Avery's Some Fragments of Iowa
History, Gathered from the Records of Congress.
THE CONTEMPORANEOUS PERIOD
Space will not permit the protraction of this review beyond
the war and reconstruction period. It must suffice simply
to say that within the memory of men yet in middle life there
has been much history-making in Iowa and by lowans in
the councils of the Nation. In the volumes of the Congres-
sional Record there stand out prominently the parts taken
by Iowa statesmen on all the great questions of our time,
such as the tariff and its complement, reciprocity, the cur-
rency, appropriations, interstate commerce, civil service
1 Published at Des Moines in 1895.
8 Published in the Johns Hopkins University Publications in His-
torical and Political Science.
8 Published at Des Moines in 1900.
4 A text book for schools.
5 A text book for schools.
*
6 A text book for schools.
104 THE IOWA JOURNAL
regulation, labor issues, corporate powers and legislation,
the war with Spain, and the Philippine insurrection. The
Iowa men who stand before the country as representatives
of policies on these and other public questions are every-
where finding generous recognition as among the foremost
contributors to the solution of these questions.
At home there has also been much history-making. The
files of our newspapers are rich in stories of the State's un-
halting progress from good to better. Iowa has apparently
settled for all time the status of the saloon. In handling
the railroad question, having well survived the excesses of
grangerism and the reaction from those excesses, it begins
the new century with promise of a full and fair solution of
that question also. Its citizens, having individually and
collectively mastered the problem of financial independence,
are now turning their thoughts toward the higher problems
of individual and community life, thereby giving abundant
promise for the future of the Commonwealth.
JOHNSON BKIGHAM
THE STATE LIBRARY
DES MOIXES
SOME PUBLICATIONS
The Iowa Band. New and Revised Edition. By REVEREND EPHBAIM
ADAMS, D. D. Boston and Chicago: The Pilgrim Press. Pp.
xx, 240.
This little book, as the author states in his preface, is the story of
Congregational home missions in Iowa. The story is told in a very
simple and effective way. Mr. Adams (who by the way is the father
of Henry C. Adams of Michigan) was one of eleven ministers who
came* to Iowa in 1843 from Andover Theological Seminary to begin
missionary work in the newly organized Territory.
The book is somewhat significant as a contribution to early Iowa
history. It suggests rather than elucidates the close relation of the
mission churches to the social and political development of the Ter-
ritory and State. One feels somewhat disappointed that this in-
fluence is not more fully dealt with, especially with respect to the
question of slavery, as the Congregational churches were early known
as the "abolition churches." The influence of "The Band" and their
associates was of course most strongly felt through their teachings,
hence rather difficult to fully estimate, though their attitude was un-
questioned.
Two other matters are treated which have a general interest. One
of these is the close relation of "The Band" to the cause of educa-
tion. "If we can each organize a church and together organize a
College," the expressed hope of one of the number, gives the keynote
of their plans. Perhaps the most gratifying fact about these efforts,
which finally founded Iowa College at Grinnell, was the thoroughly
non-sectarian spirit with which the work was undertaken. The New
Presbyterians joined hands with "The Band" to start the educational
movement, and remained for some time connected with the College.
106 THE IOWA JOURNAL
It "would indeed be interesting to trace the influence of this move-
ment upon the development of our common school system.
Another interesting part of the book is that treating of the effect
of intermingling, upon the denominations in the Territory and the
influence of western Congregationalism upon its eastern parent.
There is no doubt but that this influence has been beneficial in broad-
ening and deepening the spiritual element as opposed to the formal,
thus making it more a religion of the heart while not less of the head.
The book would have been improved had it been thoroughly re-
vised instead of having here and there a supplementary chapter
inserted. One forgets now and then whether he is standing at the
year 1870 or 1901. But on the whole we should be thankful that
Mr. Adams was induced to reprint his interesting little volume. It
is to be hoped that he may be repaid by seeing similar contributions
inspired from other denominations in the State.
HARRY GRAXT PLUM
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Stephen Arnold Douylas. By WILLIAM GARROTT BROWX. Boston
and New York: Houghton, Mifflin & Co. (The Riverside
Press, Cambridge). 1902. Pp. 141.
Stephen A. Douglas has an especial interest for Iowa since she
was one of the seven States admitted to the Union by his good offices
while he was chairman of the Senate Committee on Territories.
Mr. W. G. Brown, whose spirited, eulogistic, and readable life of
Andrew Jackson was contributed to the Riverside .Biographical
/Series two years ago, has just published in the same series a brief life
of Senator Douglas, equally spirited, eulogistic, and readable.
The storv is vividly told of the poor Vermont boy who leaves the
bench of a cabinet-maker to go West, reaches Illinois sick, eager and
ambitious, with thirty-seven cents in his pocket. There he wins a
debate against a popular leader before he is twenty and becomes for
life "The Little Giant," is public prosecutor at twenty-two, member
OF HISTORY AND POLITICS 1()7
of the legislature at twenty-three, meeting in that body and beginning
his life long duel with that far higher spirit, Abraham Lincoln. At
twenty-eight he becomes Secretary of State, and in the same year
Judge of the Supreme Court of Illinois, at thirty is in Congress, at
thirty-three U. S. Senator, and from that time until his death, at
forty-eight, a prominent and influential leader of that august body, a
constant candidate for the presidency, and a large factor in national
affairs.
With all this success it seems, as we look back, a life of wretched
failure; and Mr. Brown's book would be stronger and truer if it
showed this somewhat more fully. It was a life apparently with one
aim — self advancement in public office. The goal was the White
House, and it was never attained.
Von Hoist's estimates of our public men are not flattering or sym-
pathetic. Some of them are mistaken; but they have the impress of
sincerity if not of symyathy. He says of Douglas: ''His exterior and
manners revealed to a marked and sometimes almost disgusting
extent the coarseness and half culture of the growing west." He
attributes to him "an adroit tongue, a sharp natural understanding,
great presence of mind, a large measure of the shrewdness that bor-
ders on cunning." He says he "always presented himself with the
entire coarse aplomb of the bold, influential, half educated contest-
ant, who is filled with immeasurable confidence in himself;" that he
was "by profession, by nature and inclination a demagogue who
desired to satisfy the South without breaking altogether with the
North, because this seemed to him the only way for the attainment of
the highest goal of his ambition."
On the great controlling issue of the hour, slavery, he, a northern
man, refused to stand for human liberty, but sought on that radical
question a safe middle course. There was none such, and the South
deserted him for Breckenridge, and the North for Lincoln. It was
his "moral hollowness," as Von Hoist styles it, that left him but
twelve votes in the electoral college. Something of this appears in
Mr. Brown's book; but it is too much glossed over. The rugged
108 THE IOWA JOURNAL
judgments of Dr. Von Hoist may help us to a juster, more discrim-
inating, and on the whole more salutary estimate of such a life as
that of Stephen A. Douglas.
CHARLES NOBLE GREGORY
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Die Deutschen von Iowa und deren Er rung ens chaf ten. — Eine
Geschichte des Staates, dessen deutsche Pioniere und ihrer Nach-
Jcommen. By JOSEPH EIBOECK. Des Moines: Iowa Staats-
Anzeiger. 1900. Pp. 799.
This book takes up a phase of the history of Iowa that has been
almost entirely neglected. When we consider that nearly one half
(43.1 per cent according to the census of 1900) of Iowa's white in-
habitants have foreign born parents and that of these the German
element is more than three times as numerous as any other, it cer-
tainly seems that German influence in the building of the State is a
subject that ought to receive attention. From the standpoint of the
student, however, the volume before us is little more than a sugges-
tion, being a compilation of a popular character. Yet even in such
a book it would be strange if the author, an editor of German news-
papers in Iowa for half a century, had not preserved in its eight
hundred pages much that will be of value to future investigators.
As the sub-title indicates, the author does not confine himself to
telling of the Germans of Iowa and their achievements, but includes
matters of general interest in order that Germans may read about
them in "unserer lieben und herrlichen Muttersprache." About
seventy-five pages are taken up with such matters as a general sketch
of the history of Iowa, its geography, geology, governmental organ-
ization, educational and charitable institutions, commercial develop-
ment, etc. Chapter VIII tells of the Germans of Iowa in the Union
army. In it (p. 84) we find the interesting statement that "the first
company of militia that placed itself at the disposal of President
Lincoln in 1861 was from Burlington, Iowa, and was composed
OF HISTORY AND POLITICS 109
almost wholly of Germans." If not the first in the United States, it
was at least among the very first. (See Byers' Iowa in War Times,
p. 40, footnote.) The list of officers of German birth in Iowa Regi-
ments during the war shows 1 major, 1 regimental surgeon, 1 adju-
tant, 2 quartermasters, 1 assistant surgeon, 28 captains, 27 first lieu-
tenants, and 16 second lieutenants. A later chapter on the Spanish-
American war brings out the fact that the Germans were almost unani-
mous in their opposition to its declaration. In the chapter on Iowa's
colonies are descriptions of the Clydesdale, Communia, and Liberty
colonies, all of Clayton County, the Icaria colonies of Adams County,
and the Amana Society of Iowa County. The account of the
"Prohibition Pestilence" and Iowa's breweries presents vigorously
the German view that the prohibition legislation was not only a
blunder economically, but an infraction of the inviolable rights of
citizenship.
Then follow chapters on German activity in the church, the
schools, the press, in lodges and societies, in poetry and in public
life. The names of the seventy-five Germans in Iowa who are ninety
years of age or over are reprinted from the census of 1895. A few
pages are devoted to the Israelites in Iowa.
About one half the book is devoted to an account of the German
settlements, including over two hundred biographical sketches, and
many portraits. These biographical sketches are of course eulogistic,
but are of real interest and constitute the most valuable part of the
work. The volume closes with some reminiscences of Iowa in the
forties and fifties, and miscellaneous legal and practical information.
In a work of this sort, naturally, very little use is made of the
statistical method, by means of which a much clearer view could be
obtained of the distribution, growth, occupations, etc., of the German
population. It is to be hoped that some one will take the present
work as an inspiration and investigate the subject from the stand-
point of the critical instead of the popular historian.
MAX O. LOBENZ
THE UNIVERSITY OF WISCONSIN
MADISON
110 THE IOWA JOURNAL
The History of the Louisiana Purchase. By JAMES K. HOSMER.
New York: D. Appleton & Co. 1902. Pp. xv, 230.
In the preface, the author states, that in writing this volume, he had
"in mind, youths on the verge of maturity, and men and women too
busy for deep study of the matter." He has produced a book well
calculated to please and profit the general reader; it is attractive and
generally reliable. It is tastily bound, neatly printed, and well illus-
trated. The author's style is clear, simple, and engaging. Sparing
the "diplomatic details" and the "state-paper minutiae" of a work
for the historical scholar, he gives a large place to the picturesque,
the dramatic, the personal. While he has made no notable contribu-
tion to our knowledge of the subject, he has written a popular work
based, evidently, on original sources and on good secondary author-
ities, indebtedness to Henry Adams being especially apparent. In
view of the proposed exposition at St. Louis and of present-day
interest in expansion in general and in Louisiana in particular, this
history is peculiarly timely.
The story is told in eleven chapters. A cursory consideration of
French colonization and of the struggle for French supremacy in
America, is followed by accounts of the Spanish possession of Louis-
iana, Napoleon's dream of colonial empire, and the negotiations prior
to the retrocession of 1800; of Napoleon's unsuccessful San Domingo
project and the beginning of American negotiation; of Monroe's
mission and Napoleon's determination to sell Louisiana; of the First
Consul's quarrels with his brothers over this determination; of Ameri-
can negotiations and purchase; 'of political and constitutional contro-
versies occasioned by the treaty; of American occupation and gov-
ernment of the new territory; and, finally, of leading events in the
subsequent history of Louisiana. The appendices contain a memoir
of Livingston addressed to Talleyrand, Napoleon's order for the sale
of Louisiana, the treaty of purchase by the United States, and the
convention concerning payment.
Dr. Hosmer has approached his subject from the French side, to
which he thinks "too little attention has been paid heretofore," and,
OF HISTORY AND POLITICS HI
like Henry Adams, aims to recount "the European as well as the
American phases of the story." He seeks to show that the "vast
dimensions of the United States are due to an influence from Europe."
And, while he pays high tribute to the perseverance, foresight, and
skill of Chancellor Livingston as a diplomat, he believes that the
sale of Louisiana was a "piece of Napoleon's statesmanship, Jeffer-
son and his negotiators playing only a secondary part."
A few errors and defects have been noted. Doubtless a carefully
selected list of the best books on the subject would have added to
the general serviceability of a work even of this popular nature.
Considering LeClere's position at home, the deathfulness of his mis-
sion to San Domingo, and the censure and ingratitude of Napoleon,
it is a question whether the former was really "much cherished by
his great brother-in-law," as Dr. Hosmer assures us (p. 49). It is
certainly startling to read that the "Spanish attitude toward the
United States was, in fact, most friendly" (p. 35). The statement
that "it was not easy for him (Jefferson) to feel that the free navi-
gation of the Mississippi was so very important" (p. 63) clearly is
not based on a careful reading of Jefferson's private correspondence.
His letters of 1786 and 1787 gave frequent expression to the opinion
that "the navigation of the Mississippi we must have."1
In this connection it should be pointed out, however, that careless
reading of page 63 and misquotation of the sentence last referred to,
are responsible for some adverse criticism at the hands of Mr. David
Y. Thomas,8 which is quite gratuitous and unwarrantable. The
context shows that the pronoun "him" cannot but refer to Jefferson.
For a reviewer to misquote the sentence in the following form: "It
was not easy for Madison to feel," etc., and then to take Dr. Hosmer
to task for a statement thus distorted, is inexcusable.
PAUL S. PEIRCE
THE STATE UNIVERSITY OF IOWA
IOWA CITY
'Ford, Writings of Jefferson, iv, pp. 189, 262, 333, 363, 392.
8 American Historical Review ', October 1902, p. 140.
112 THE IOWA JOURNAL
The Iowa Historical Record. Vols. I to XVIII. Iowa City: The
State Historical Society of Iowa. 1885-1902. Pp. 3482.
This Quarterly Magazine was published by the State Historical
Society of Iowa in revival of the Annals of Iowa (suspended in
1874) with the purpose of rescuing from, oblivion much valuable
history held only in the memory of men of advanced age.
Of the one hundred and forty-five contributors to the pages of the
Record thirty-five have passed away. The names of T. S. Parvin,
Hawkins Taylor, John H. Gear, Senator Harlan, Senator Wilson,
Judge Wright, and Governor Kirkwood, will be recognized as author-
ity in statement of early historical data. A most valued contributor,
Rev. Dr. Salter, survives and may yet continue important service.
The range of topics has been wide, but may be classified under a
few general heads. The first and the most prominent is the his-
torical.
I. HISTORICAL — Subdivisions — (1) General from 1799 to date,
100 articles. (2) Military — (a) Indian troubles, (b) Civil War, 61
articles embracing 100 letters from the field. (3) Anniversary ad-
dresses, 18 articles. (4) Educational and religious, 21 articles. (5)
Scientific, 18 articles. (6) Indians, 17 articles. Total, 217 articles.
II. Biographical — (1) Personal history with photogravure or
half-tone portraits, 97 articles. (2) Brief obituary notices, 200
articles.
III. Reminiscences of persons and places, 48 articles.
IV. Poetry, 31 articles.
V. Illustrations of historical matter, 26 in number.
VI. Editorials, notes, and book reviews.
Such is a mere skeleton of the body of the work of eighteen years
of unpaid devotion to the preservation of material which the student
of fifteen years will find full of life. Sketches of the lives of men
and women who have been the makers of Iowa; incidents of early
struggles and privations which will find no place in more elaborate
treatises; the strife with savage occupants of the soil; reminiscences
of soldier life as given in familiar letters; incidents in professional
OF HISTORY AND POLITICS H3
life, drawn from personal experience and from observation; simple
habits of pioneer life — these will clothe the skeleton and give it the
form which the noble State presents to the onlookers of today. The
Record lives but under a new name and in enlarged form.
JOSIAH L. PlCKARD
MINNEAPOLIS, MINNESOTA
IJie Statute Laws of the Territory of Iowa enacted at the First Ses-
sion of the Legislative Assembly of said Territory held at Bur-
lington, A. D. 1838-39. Published by Authority. Dubuque.
Russell & Reeves, Printers. 1839. Des Moines: Reprinted by
the Historical Department of Iowa. 1900. Pp. 634.
Journal of the Council and House of Representatives of the Second
Legislative Assembly of the Territory of Iowa. At the Special
Session which convened at the City of Burlington, Jidy 13, 1840.
Des Moines: Published by the Historical Department of Iowa.
1902. Pp. v, 116.
The Historical Department of the State of Iowa, through its Cur-
ator, Mr. Charles Aldrich, has recently published two volumes which
will be highly prized by all who value source work in historical
study. The first of these includes the Constitution of the United
States, the Ordinance of 1787, and the Organic Act of the Territory
of Iowa, as well as the statutes of the First Legislative Assembly of
the Territory. The first two documents are well known to all
students. The Organic Act of the Territory of Iowa is less acces-
sible to the average reader. It is especially interesting to students
of Iowa history and politics because it was a sort of charter granted
by Congress, outlining the government of the Territory and desig-
nating the limits of powers granted to its officers and legislative
body. The remarkable "absolute veto" granted to the Governor in
this document was the cause of endless bickerings on the part of the
Legislative Assembly, and was later modified by Congress after an
unsuccessful appeal to the President of the United States for the
removal of Robert Lucas, the first Governor.
114 THE IOWA JOURNAL
The statutes enacted during the first session of the Legislative
Assembly reveal the political theories of the day, and, by comparison
with later legislation, help us to trace the change of sentiment in
Iowa as its citizens learned wisdom by experience.
The second volume is the result of a desire to fill a gap in the
printed records of Iowa legislation, inasmuch as, by some inadver-
tence, the records of this special session of the Legislative Assembly
of the Territory had never before been printed. Among the acts
passed at this session we find some that would be unconstitutional
today; and we find some bills voted down, though the same idea has
since become a part of our State Constitution. A bill of divorce-
ment was granted by this assembly, though our present Constitution
vests this power in the courts alone. We find this assembly repeat-
edly changing county seats, while today this power lies with the
people of the county interested. On page 24 (Journal of the Coun-
cil) there is recorded an unsuccessful attempt to abolish imprison-
ment for debt; and in various places we find propositions to grant
town lots for church '-'•ami literary'1'' purposes. Lack of space for-
bids further details; but we desire to say that the tedious work of
editing and publishing these books is only a small portion of the
great labor of love which Mr. Charles Aldrich has for years been
performing under many discouragements, but with an unconquerable
devotion to the cause of the Historical Department of Iowa.
LEONARD WOODS PARISH
IOWA STATE NORMAL SCHOOL
CEDAR
Rhode Island — Its Making and Its Meaning. By IKVIXG BERDINE
RICHMAN. With an introduction by James Bryce. New York
and London: G. P. Putnam's Sons. 1902. 2 vols. Pp. 560.
Ever since the beginning of historical writing in America the early
annals of the four New England colonies have afforded a mine of
inexhaustible resources. Not only has the history of New England
OF HISTORY AND POLITICS H5
been the subject-matter of many of our ablest historical works, but
it has also furnished the themes of our most valuable historical essays.
In the struggle for supremacy between the northern and southern
elements in our history <the Old Dominion has constantly yielded
ground to the more aggressive and progressive New England States.
Among the latter Massachusetts has held and still holds the place of
first importance. Much of this importance, paradoxical as it may
seem, Massachusetts owes to her New England neighbors.
Nothing in the domain of American historical interpretation has
lately been published of greater suggestive value than the two vol-
umes of Irving B. Richman on Rhode Island, its Making and
its Meaning. The introduction by the Honorable James Bryce fully
recognizes this fact. The student of our history must be similarly
impressed after a careful perusal of the two volumes. It is impos-
sible, perhaps, to agree with every expression of opinion, it is doubt-
ful whether all of Mr. Richman's statements would receive general
endorsement, but of the permanent value of the author's work there
can be no question. Mr. Richman points out most clearly that the
opening chapter in the history of Rhode Island is to be found in
Massachusetts, and that the final interpretation of a certain phase of
the history of the larger colony must be sought for in the smaller.
The title of the work is most felicitous. It is simply a fact that
the two volumes are an interpretation of the making and meaning of
Rhode Island as one of those thirteen English colonies which after-
wards contributed their several quotas to the vast complex of our
national American life. Most thorough scholarship based upon care-
ful research, a pleasing presentation, ably seconded by a superior
piece of work on the part of the publisher, make these two volumes
a genuine contribution to our historical literature. Even had Mr.
Richman been heretofore unknown, which is certainly not the case,
this last production would be sufficient to entitle him to a place
among the scientific historical writers of the younger generation in
America. The history of Rhode Island during the life time of
Roger Williams and two of the fundamental ideas in our American
116 THE IOWA JOURNAL
political development have found a successful expositor in the author
of these volumes.
WILLIAM CRAIG WILCOX
THE STATE UNIVERSITY OF IOWA
IOWA CITY
History of the Constitutions of Iowa. By BENJAMIN F. SHAMBAUGH,
PH. D. Des Moines: The Historical Department of Iowa. 1902.
Pp. vii, 352.
Under the above title the Historical Department of Iowa has lately
issued an interesting, instructive, and suggestive volume of 352
pages. The book has been written by Dr. Benjamin F. Shambaugh
of the University of Iowa, at the request of Mr. Charles Aldrich,
and is worthy of special mention as a step in the important work
(hitherto largely neglected) of interpreting, in concise and readable
form, American state history as distinguished from American na-
tional history.
Dr. Shambaugh opens his subject by directing attention to the fact
that Iowa — although created a State within the memory of men still
living, and although possessing a considerable literature along the
lines of local incident and personal episode — has never been interpre-
ted from the point of view of its larger relations, its relations, that is
to say, to the great Union whereof it has at no time been an unimpor-
tant member, and whereof to-day it is a member the importance of
which is conspicuous and commanding.
In those larger relations spoken of — relations essentially political
in their nature — it is the Constitutions of Iowa which are of primary
importance, and these, in the book before us, are taken up one after
another, beginning with the "Act [passed in 1836] establishing the
Territorial Government of Wisconsin" and ending with the instru-
ment (so generally familiar) ratified on August 3, 1857.
But behind and underlying the various Constitutions which suc-
cessively were in force throughout the Iowa country there was some-
thing (a something vitally important to be understood by us, for it is
OF HISTORY AND POLITICS
the key to these Constitutions) and that was "the makers of the
Constitutions." "A Constitution," says Dr. Shambaugh, "is a social
product. It is the embodiment of popular ideals." Hence, if one is
to comprehend the Constitutions of Iowa, he must first comprehend
the Iowa pioneer and settler. He must remind himself of such facts
as that the founders of the State pitched their abodes alongside
streams, near timber, and in groups, thus creating the local com-
munity ; that they did this without legal warrant, but that (owing to
their Anglo Saxon heritage) law sprang up among them as it were
proprio vigore; and that the kind of law which thus sprang up was
naturally the broadest consistent with safety to persons and property.
"The broad rich prairies of Iowa and Illinois," remarks our author,
"seem to have broadened men's views and fertilized their ideas.
Said Stephen A. Douglas: 'I found my mind liberalized and my
opinions enlarged when I got out on these broad prairies, with only
the heavens to bound my vision, instead of having them circum-
scribed by the narrow ridges that surrounded the valley [in Ver-
mont] where I was born.'" Indeed, no less than three elements of
American Democracy are pointed out by Dr. Shambaugh as empha-
sized by the Iowa pioneer, and these are: (1) Equality before the
Law ; ( 2 ) Equality in the Law ; and ( 3 ) Equality in making the Law.
The plan of conducting the study of Constitutions in the light of
facts and not merely in the light of the documents themselves — a
plan so happily conceived and carried out in works such as Bagehot's
"English Constitution," Macy's "English Constitution," Woodrow
Wilson's "Congressional Government," and Bryce's "American
Commonwealth" — receives illustration anew in Dr. Shambaugh' s
book, and lowans may take pride and pleasure in the circumstance.
IRVING B. RICHMAN
MUSCATINE, IOWA
118 THE IOWA JOURNAL
Supplement to the Code of Iowa. Published by Authority of the
State. [Des Moines]: Bernard Murphy, State Printer. 1902.
Pp. xxxviii, 874.
Every one is presumed to know the law — save perhaps the judges
of the courts — hence the maxim, Ig nor antia juris non excusat. The
exception is noted because of a remark attributed to a distinguished
Iowa lawyer, who in speaking of the nominee of a political party for
judicial office declared: "He will make a most excellent judge, for
he will not be hampered with any preconceived notions of the law."
The maxim quoted is based on public policy, or perhaps more
properly speaking, on necessity. If this were not the rule courts
would be compelled in each and every case to institute a preliminary
investigation as to the knowledge the parties had of the law which
should govern.
Precognition of the law being conclusively presumed, publicity is
quite as important as beneficent legislation. Of some laws we must
take notice because of universal tradition and long practice, which
supposes previous publication, as is the case with that immense store-
house of unwritten law largely borrowed from England. At one
time proclamations and some acts of Parliament were announced by
officers, or criers appointed for the purpose. Other acts were read
in churches and at public gatherings. Finally they were written or
printed and promulgated in the most public and perspicuous manner.
One of the merits of our system of Jurisprudence is the wide pub-
licity given to acts of Congress and of the several state legislatures.
We can never be accused of doing as Caligula, who it is said wrote
his laws in very small characters and hung them upon high pillars,
the more effectually to ensnare his people.
The Constitution does not in express terms require publication,
although such an intent may fairly be inferred. Until comparatively
recent years it had been the practice to publish nothing but the laws.
Annotated codes have come into general use since the writer came
to the bar, twenty-four years ago. The Revision of 1860 contains a
few annotations, but they have never been regarded as of much value.
OF HISTORY AND POLITICS H9
Prior to the Code of 1897 excellent annotated codes were prepared
by William E. Miller and Emlin McClain (the latter being now one
of the judges of our Supreme Court) and printed as private enter-
prises. Justice McClain also blazed the way for continuations by
preparing a supplement to his code, which was published in the year
1884, and which stands as the prototype of the volume we are to
consider.
The Code of 1897 is the first ambitious attempt made by the State
at publication of a complete annotated code. That attempt has
been remarkably successful, and in spite of the short time given for
its publication it is singularly free from error or mistake. It has
not been a profitable investment from a financial standpoint — the
State not having recouped the expense of publication — but it has
everywhere been regarded as nearly a perfect annotated code as it is
possible to make.
The difficulties in continuing law books and keeping them "up to
date" are everywhere recognized; and these difficulties are accentuated
when attempt is made to classify and work into a code subsequent
acts of a legislative body. To meet these difficulties the legislature
which adopted the Code passed an act which reads as follows:
"The Twenty-ninth General Assembly, and each third General
Assembly thereafter, shall select, in a manner as provided in section
two hereof for the selection of editor, some competent and suitable
person, to compile, annotate and superintend the publication of the
statutes of a general nature enacted after the adoption of the code."
Pursuant to that act the Twenty-ninth General Assembly selected a
supervising committee composed of Senators Trewin, Whipple, and
Porter, and Representatives Payne, Barker, and Hamann. It also
elected John R. Carter, Esq., editor. As a result of their joint
labors we have the new Supplement which has recently gone into the
hands of the profession and the people generally. This supplement
not only includes all the laws passed by the General Assemblies after
the Code of 1897, but also annotations of all decisions of the Supreme
Court announced since that time, and down to the October, 1902, term
120 THE IOWA JOURNAL
of that court, extended tables showing where the various acts of the
legislatures may be found in this Supplement, a revised enlarged and
much improved index of the Code to which it is a supplement, and of
the Supplement itself, all the rules and regulations with reference to
the collection of the collateral inheritance tax, and notation of
decisions from all the States bearing on the new negotiable instru-
ments law enacted by the last legislature to secure uniformity. This
last feature is an invaluable aid to uniformity in construction, which
is quite as important as similarity in language. The committee is
entitled to great credit for introducing this apparent innovation.
The arrangement generally follows that of the Code. In a few
instances there is room for criticism here, but as the matter is largely
arbitrary it is perhaps after all a mere question of taste. The prac-
tice of citing the code section number and then reciting in brackets
("for earlier annotations see code, &c.") seems to be superfluous.
Every one of necessity turns back to these old sections; and few if
any give any attention to the page number.
On the whole the work is well done. Some mistakes of citation in
the original Code have been corrected, and all of the cases bearing on
statutory construction down to the October, 1902, term of our Su-
preme Court seem to have been cited. The index as it now appears is
worthy of special mention, as it is very full and comprehensive.
No argument is needed in justification of this work or of its pre-
decessor the annotated Code. It is quite as important to know how
a statute has been construed by the highest court in the State as to
have the statute before you; and there is as much reason for the
State publishing these annotations as for its publication of the laws
themselves.
This Supplement is not only invaluable to the lawyer, but to every
layman who has occasion to know the law as well. The price $2.00
per volume is very reasonable considering the quality of the work
and the amount of matter it contains.
Great credit is due Senator Trewin for the full consummation of
this plan for which he has worked with untiring devotion and energy.
OF HISTORY AND POLITICS 121
The editor, Mr. Carter, and in fact all who have had part in the
preparation of this Supplement are entitled to a just proportion of
these words of praise.
HORACE E. DEEMEB
SUPREME COURT CHAMBERS
DES MOINES
The Constitutional History of the United States. By FRANCIS NEW-
TON THORPE. Chicago: Callaghan & Co. 3 Vols. Pp. xxi,
xix, xvi, 595, 685, 718.
The most valuable estimates of a book are those which come from
scholars and readers who live after the author. And so the only just
review of the historian's labors is the review of the centuries. At
the same time it is not improper for an author's cotemporaries to
express an appreciation of his work.
So extensive are the works of history already published by Dr.
Thorpe that one can do little more than notice their titles. His
two "constitutional histories" are, however, the largest and the most
valuable of his writings. A Constitutional History of the American
People, a work in two volumes, which was published in 1898, illus-
trates, emphasizes, and proves the value of the constitutional history
of the States. The appearance of these volumes was an event which
promises to become a landmark in the study of American history. A
larger interest in the local or provincial history of the Common-
wealths is herein anticipated by Dr. Thorpe. It is fitting that one
of the ' ' fathers " of the movement should be found among the con-
tributors to the first number of the IOWA JOURNAL OF HISTORY AND
POLITICS.
Dr. Thorpe's work in American history has not, however, been
narrowed by the view-point from the States. He has kept the Nation,
too, within the range of his vision. And so in his latest three vol-
ume Constitutional History of the United States he traces the prog-
ress of the national elements in our system of government. Thus, in
the two works, he has treated the evolution of our system of govern-
ment completely and with rare poise.
122 THE IOWA JOURNAL
It is believed that Dr. Thorpe's Constitutional History of the
United States will outlive the interest in its first appearance because:
(1) It represents the labors of more than twenty years. (2) It bears
ample evidence of careful, critical, exhaustive study. (3) It was
written at first hand from the original sources. (4) It does not con-
sist of discussions and opinions of motives, but represents modesty
in the presence of great events. (5) It possesses literary merit. It
is history made clear, plain, readable, and respectable by a proper
use of the English language.
In reading these volumes one is impressed with the fact that Dr.
Thorpe is more than a descriptive historian. Like Prof. John W.
Burgess, he rises to the level of Political Science in his treatment of
our constitutional history. His books are contributions to American
Politics in particular and to Political Science in general. He sees
the general principles underlying political phenomena; and above all,
he has firmly grasped the fundamental truth that the development of
the American system of government is essentially the evolution of
Democracy.
Dr. Thorpe has searched the records, marshaled the testimony,
presented the facts, and described the events. In the volumes under
review he has given us a narrative of the origin, evolution, and
administration of American government.
BEXJ. F. SHAMBAUGH
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Daniel JBoone. By REUBEX GOLD THWAITES. New York: D.
Appleton & Company. 1902. Pp. xv, 257.
The biographical treatment of history has long since justified
itself. Full expiation has been made for the numerous sins of John
S. C. Abbott. So far has the reaction against the myth-maker gone,
that it is sometimes claimed that the present biographical emphasis in
historical writing has become a mania. If it is a madness there is at
least a method in it. Men, it is true, are not the only factors in the
making of history, but they are, after all, the most important oneg.
OF HISTORY AND POLITICS 123
Genuine biography must always be a contribution to scientific history.
The past errors of ill-prepared and unauthentic biographers are no
more to be charged up against the modern scientific writers of histor-
ical biography, than are the sins of Hume, in the treatment of Eng-
lish history, to be remembered against Stubbs. The popular predi-
lection in favor of sensational biography can hardly be more deplor-
able than an occasional scientific prejudice against sensible biography.
Among the numerous American authors of the present day who
are co-operating to redeem biographical writing in our country from
any ill-repute which it may have borne in the past is Reuben Gold
Thwaites of Wisconsin. There has just come from his pen a brief
biographical work which is all that modern criticism demands. In
more than one respect Mr. Thwaites' little volume on Daniel Boone
is a model of what a brief modern biography should be.
In this volume the general historical setting of Boone's time is
never for a moment lost sight of. It is not the sketch of some Rob-
inson Crusoe in an ideal insular isolation. Mr. Thwaites does not
represent Boone as a hero to be worshipped, does not even call him a
great man, and makes no claim for him as the first or the greatest
pioneer in Kentucky. In the author's judgment Boone is simply a
man whose interesting life makes a convenient point of view in treat-
ing the early history of one of the important sections of the middle
west. The book is admirably proportioned, the narrative never lacks
interest, while every page gives evidence of the most careful research.
A constant distinction is made between ascertained fact and plausible
conjecture. The illustrations are excellent and the volume has a
good index, a feature which is conspicuously absent in many brief
biographical sketches. The absence of any maps to illustrate the
journeys of Boone and his friends is the one serious defect in the
work. The ease with which such maps could be prepared makes
their absence all the more a matter of surprise.
The author is to be congratulated upon his good terminal facili-
ties. When the story is told the book closes. There are no super-
numerary chapters at the close as there is no padding in the body of
124 THE IOWA JOURNAL
the work. It is a terse, concise, clear, accurate account of a man
and a period which have a permanent and positive historical value.
WILLIAM CRAIG WILCOX
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Father Marquette. By REUBEX GOLD THWAITES. New York: D.
Appleton & Co. Pp. xv, 224.
Since the days of Francis Parkman interest in the history of the
Middle West has scarcely abated. The rapid accession of interest in
the subject manifest in recent years, however, impresses one who has
not closely followed its development as being of the nature of a
revival rather than a sound and permanent growth. As a matter of
fact the West is beginning to recognize that it has a history of its
own, apart from that of the New England pioneers whose grandsons
finally came to occupy the valleys of the Ohio and the Mississippi
and the fertile prairies beyond. One tangible result of thus coming
to their full inheritance is that the people of the Middle West have
in prospect the Louisiana Purchase Exposition, to be held in the city
which, of all cities, is perhaps richest in historic associations of the
truly western type.
This biography of Father Marquette is thus timely in its appear-
ance, the more so as it is more than a mere biography. No more
central figure could have been chosen about which to group the rug-
ged features which form the background of the history of the Missis-
sippi Valley than the person of Marquette. He, more than any other
man of his time, was in touch with all the springs of action which
urged the white man past the remotest shores of our inland seas and
on to "the Great Water of the West." The author has made good
use of this unique position of his hero — for no biographer could
treat Marquette as other than a hero — and has given us a picture of
his surroundings, both as to place and time, which has not been sur-
passed. This has been done, too, without the least straining for liter-
ary effect. On the contrary, much of the narrative and many of the
OF HISTORY AND POLITICS 125
descriptions are given in the simple and artless language of Mar-
quette or of his contemporaries, as recorded in the Jesuit Relations
and other original documents. Yet, despite the faithful freedom
with which the quotation marks are used, there is no lack of contin-
uity in the text.
In point of general accuracy the work is, as the name of the author
would lead one to expect, quite above suspicion. Few disputed
points are touched upon, as for example, the questions as to the loca-
tion of the Mission of St. Ignace and that of the village of the Mas-
coutins. Marquette's presence, at any time, upon the site of Chicago
is also doubted. While these questions are all dealt with gently, the
author's own views are sometimes easily apparent. The statement
regarding La Salle's exploration of the Ohio to the falls of Louisville
(p. 129), however, might have been made a little less positively;
though any discussion of the question would certainly have been
irrelative.
The illustrations are good and well selected. Mac Neil's fine bronze
reliefs from the Marquette Building (Chicago) are appropriately in-
cluded. Trentanove's ''idealized" statue of Marquette should have
no place here — nor in the national capitol for that matter. The
reader's natural curiosity as to the grounds upon which the frontis-
piece is "reputed" to be a portrait of Marquette is quite unsatisfied
Marquette's MS. map would be even more interesting if accompanied
by a table identifying, as far as possible, the various localities and
other proper names recorded thereon. One would rather see the
junction of the Wisconsin with the Mississippi from the point of
view occupied by Marquette and Joliet, than from the bluff below
McGregor. But these are trivial matters which do not in any way
mar the real excellence of the work.
LAENAS GIFFORD WELD
THE STATE UNIVERSITY OF IOWA
IOWA CITY
NOTES AND COMMENT
An eight page pamphlet on "Publications in Iowa History," issued
by the State Historical Society of Iowa, contains this announcement:
"The Board of Curators has provided for the compilation and publi-
cation of the Messages and Proclamations of the Governors of Iowa.
The entire compilation will be issued in four large octavo volumes
which will contain all of the Inaugural Addresses, Biennial Mes-
sages, Veto Messages, Special Messages, and Proclamations of the
Governors of Iowa from 1836 to 1902. The complete set of four
volumes will be issued before December, 1903. The subscription
price has been fixed at six dollars."
Frontier Band Clubs or Claim, Associations, a paper published
in the Annual Report of the American Historical Association for
1900, is based largely upon materials taken from the sources of Iowa
history.
The State Historical Society of Iowa has recently issued a pam-
phlet which contains a list of all its regular and special publications
in Iowa history.
In June, 1902, a chair of American History was established at the
State University of Iowa. Professor William Craig Wilcox, who
for eight years occupied the chair of History in this University, has
been elected to the newly established professorship.
To the October, 1902, number of the Annals of Iowa, Mr. W. H.
Ingham of Algona, Iowa, contributes the leading article which is on
"The Iowa Northern Border Brigade of 1862-3" Mr. Ingham's
article is a valuable contribution to what may be called the Indian
history of Iowa.
OF HISTORY AND POLITICS 127
The Iowa Monument Commission has decided to locate the second
of the monuments, which are to be erected on the Chattanooga battle
grounds, on the extreme end of Missionary Ridge. At this place
the Sixth Iowa Regiment w'as stationed during the battle of Mission-
ary Ridge. The third monument will probably be located near the
site of Bragg's headquarters.
After having served as instructor for four years and as assistant
professor for two years at the State University of Iowa, Harry Grant
Plum, A. M., has been promoted to the position of Professor of
European History. Mr. Plum was born in Iowa and educated at the
State University. He pursued graduate study at Columbia Univer-
sity, where in 1899 he held a fellowship in History.
At last the books and pamphlets in the Library of the State His-
torical Society of Iowa are to be completely accessioned, arranged,
classified, and catalogued. Miss Margaret Budington, who was re-
cently elected to the position of Acting Librarian and Cataloguer,
will superintend the work. The Historical Society is fortunate in
securing the services of one so efficient in library administration.
Miss Budington is an alumna of Vassar, having graduated in 1900.
She received her special training for library work at the Illinois
State Library School of the University of Illinois. From June, 1901,
to March, 1902, Miss Budington served as assistant cataloguer in the
library of the University of Cincinnati. Then she came to Iowa,
where she occupied the position of assistant cataloguer in the library
of the State University until August, 1902. Miss Budington entered
the library of the State Historical Society on October 1, 1902.
Frank E. Horack, A. M., Ph. D., has recently been appointed to
the position of Instructor in Political Science in the State University
of Iowa. Dr. Horack is a native born lowan and a graduate of the
State University of Iowa, from which he also holds the degree of
Master of Arts. His degree of Doctor of Philosophy was conferred
by the University of Pennsylvania. The Board of Curators of the
128 THE IOWA JOURNAL
State Historical Society of Iowa have recently elected Dr. Horack to
the position of Custodian.
Simeon E. Thomas, formerly Custodian of the State Historical
Society of Iowa, is pursuing graduate work in History at Harvard
University.
An eight page article on The Public Archives of Iowa, which
forms a part of the first report of the Archives Commission of the
American Historical Association as published in the Annual Report
of the American Historical Association of 1900, suggests the neces-
sity of more care for the preservation of our state archives.
William J. Haddock, who on account of advancing years recently
resigned from the secretaryship of the State University of Iowa — a
position which he held for 38 years — did something more than keep
the records of the University. He lived besides; and while he lived
he builded two homes — "Buff wood" and "The Crag." In a hand-
some volume entitled "Novels and Pictures'1'' or "A Comparative
Review of the Heart of Midlothian and TAttle Dorrit and Other
Notes " of which only forty copies were printed in December, 1900,
for private circulation, Mr. Haddock has, under the headlines of
"Days o' Lang Syne," given us a glimpse of the building of "Buff-
wood," a typical Iowa country-place. Of more historical interest,
however, is Mr. Haddock's "Reminiscence" entitled " The Prairies
of Iowa." This is a bit of historical literature well worth preserving.
The seventy-one pages were "printed for private circulation." Only
fifty copies were issued.
Two very readable articles have recently appeared on Amana,
Iowa's successful communistic society. Professor Richard T. Ely of
Madison, Wisconsin, is the author of the sketch which was published
as the leading article in Harpers Monthly for October, 1902. Five
of the seven illustrations which accompanies this interesting sketch
are from photographs taken by Bertha H. Shambaugh, the author of
the article entitled Amana, which appeared at the same time in
OF HISTORY AND POLITICS 129
The World Today. This is the third article on Amana which has
been published above Mrs. Shambaugh's signature. The first was a
prize essay in the Midland Monthly for July, 1896, when that maga-
zine was still under the, able editorship of Mr. Johnson Brigham.
The second was a somewhat exhaustive descriptive and statistical
production which was prepared upon the request of the Iowa Com-
missioner of Labor for publication in his Report for 1901. This
article in the Commissioner's Report is clearly the most reliable
source of data on Amana that has yet been published.
Mr. Lewis Todhunter died at Indianola, Iowa, February 1, 1902,
at the age of eighty-five. He voted for William Henry Harrison in
1840. Later he joined the Republican party. In 1856 he was
chosen to represent Warren, Madison, and Adair counties in the Gen-
eral Assembly. He was a member of the Constitutional Convention
of 1857.
Thousands of loyal people from Iowa and Missouri assembled,
August 7, 1902, on the old battle grounds about twenty-five miles
south of Keokuk to celebrate the battle of Athens, which was fought
in 1861 to prevent the confederate forces from invading Iowa and
capturing the powder magazine at Keokuk.
Of special interest to the members of the State Historical Society
of Iowa and to lowans generally are the two volumes entitled
Rhode Island — Its Making and Its Meaning, recently announced by
G. P. Putnam's Sons. The author of these volumes is Mr. Irving
B. Richman of Muscatine, Iowa. Mr. Richman, who is a member of
the Board of Curators of the State Historical Society of Iowa, is
the well known author of Appenzell and John Brown Among the
Quakers.
Mrs. Harriet Foote Gear, widow of the late U. S. Senator, John
Henry Gear, died at Burlington, Iowa, October 4, 1902. She was
born in Vermont, November 16, 1818, where she resided until 1843
when she came to Burlington, Iowa. In 1842 she married Mr, Gear.
130 THE IOWA JOURNAL
The following reference to Mrs. Gear is taken from an article written
by Peter A. Dey for the July, 1902, number of the Historical
Record. "In his [Mr. Gear's] political career he had in Mrs. Gear
a wonderfully able and earnest supporter. She sympathized with
his ambitions, and by her personality held the men he had attracted
to them. While he was Governor she joined in all his plans, was
consulted as to men and measures, and probably felt as deeply polit-
ical reverses and enjoyed as fully political success."
The New Century Historical Company, of New York City, has
agents in the field soliciting subscriptions for a work entitled, History
of Iowa, From the Earliest of Times to the Beginning of the Twenti-
eth Century, by Benjamin F. Gue. The company promises to
deliver the work to subscribers in four volumes of about 500 pages
each, "bound in buckram, gilt top, deckle edge," etc., for $18.00.
Mr. Gue was at one time Lieutenant Governor of Iowa.
Mr. George Griswold, one of Iowa's oldest pioneers and for sixty-
three years a resident of Clinton County, died August 2-i, 1902.
Mr. Damon N. Sprague, born in Cooperstown, N. Y., March 21,
1832, died in Wapello, Iowa, August 13, 1902. He came to
Wapello, Iowa, in 1855. In 1857 he was elected to the lower house
of the General Assembly. In 1870 he was elected district attorney,
an office which he held for twelve years in all. Mr. Sprague was a
Democrat in politics.
Mr. J. E. Conner, the new Instructor in Commerce and Finance
at the University of Iowa, was born at Wilmington, Ohio. He
graduated from Howe's Academy, Mt. Pleasant, Iowa, in 1887.
He entered the University of Iowa in the fall of 1887 and graduated
with the degree of A. B. in 1891. He spent the academic year of
1891-92 at Yale. He also spent two years in resident graduate
work at the University of Chicago. For two years he has held a
Fellowship in the department of Economics and Sociology at the
University of Iowa. His book treating of our foreign service was
published under the title of Uncle Sam Abroad.
OF HISTORY AND POLITICS 131
A beautiful tribute to one of Iowa's pioneers was the presentation
to the Historical Department of a portrait of Dr. William Salter of
Burlington, Iowa. The portrait, which was formally presented on
Monday, November 24, ' 1902, was the gift of the Hon. Frank
Springer and other friends of Dr. Salter. For more than half a
century Dr. Salter has served as pastor of the First Congregational
Church of Burlington. He has always taken a lively interest in
Iowa history, and is the author of The Life, of James W. Grimes.
Dr. Margaret A. Schaffner, recently appointed Instructor in Soci-
ology and Economics at the State University of Iowa, was born at
New Bloomington, Ohio. She has studied at Baker University,
Kansas; at Emporia College, Kansas (graduating from this institu-
tion in 1895 with the degree of A. B.); at the University of Wiscon-
sin; and at the University of Michigan. In 1900-01 she was Fellow
in Economics at the University of Wisconsin. She also held for
one year the Chicago Social Settlement Fellowship granted by the
University of Wisconsin. In 1902 she received the degree of Ph. D.
from the University of Wisconsin.
Dr. V. H. Roberts, a new appointee in Law and Political Science
at Drake University (Des Moines, Iowa), was born at St. Joseph,
Michigan, in 1874. He received his college education at the Univer-
sity of Michigan. Afterwards he spent three years in Germany at
the University of Heidelberg, from which institution he received his
doctor's degree insigni cum laude. He has given special attention to
International Law and has written on the form of contracts in
Private International Law.
Volume XVI of the Collections of the State Historical Society of
Wisconsin is devoted to the French Regime in Wisconsin, 1634-1727.
The documents published in this volume under the direction of Mr.
Thwaites will surely arouse a greater interest among scholars in the
romantic period of Wisconsin history. The volume is an excellent
illustration of critical historical work.
132 THE IOWA JOURNAL
Dr. Paul S. Peirce, recently appointed Instructor in History at the
State University of Iowa, was born at Johnson Creek, N. Y., in
1874. He entered Cornell University (Ithaca) in 1893, and gradu-
ated from that institution in 1897. As a graduate student he
attended Cornell University during the year of 1897-98. In 1898-
99 he was Fellow in History at Yale, where he received the degree
of Ph. D. in 1900. During the academic year of 1900-02 he was
Professor of English and History at Hedding College, Abingdon,
Illinois.
Mr. Charles H. Horn began the academic year of 1902-03 as
Instructor in History and Principal in the Academy at Iowa College,
Grinnell. He was born in Michigan in 1865. He entered Olivet
College in 1888 and received the degree of A. B. in 1892 and A. M.
in 1893 from that institution. He has spent ten years in active
school work in Michigan, three of which were spent as Superin-
tendent of the Traverse City public schools.
Mr. T. W. Mitchell, who has been appointed Assistant Instructor
in Economics and Statistics at the University of Iowa, was born in
Arkansas in 1879. He entered the University of the State of Wash-
ington in the fall of 1896 and graduated in May 1900 with the degree
of B. A. and with h onors in Political Science. After spending a year
as Instructor in his Alma Mater he was appointed Fellow in Eco-
nomics at the University of Wisconsin, where he pursued graduate
study during the year 1901-02.
CONFERENCE OF CHARITIES AND CORRECTIONS
The fifth annual convention of the Iowa State Conference of Char-
ities and Corrections convened at Iowa City, October 30 and 31,
1902, under the presidency of Isaac A. Loos, Professor of Sociology
and Political Economy in the State University. The object of this
annual conference is, according to the constitution of the association,
"to discuss the problems of charity and corrections, to improve the
methods of dealing with delinquents and disseminate information on
OF HISTORY AND POLITICS 133
these subjects." The present interest in social questions shows a
healthful growth of public sentiment concerning the problems of our
social development. The interest of legislators and public men in
Iowa, as well as that of sociologists and philanthropists, is being
directed at the present time to the child labor problem and the prob-
lem of the juvenile offender. The interest in the former is largely
centered in the crying need for remedial legislation in other States
rather than in our own. In discussing the evils of the system as
they exist in other States the conference is educating the public to
the advantage of passing preventive rather than remedial legislation.
The problem of the juvenile offender is, however, one which already
demands remedial legislation at the hands of the next General
eral Assembly. In the two days of the conference five sessions were
held, in which the subjects of child labor and the juvenile offender,
as well as general charity work in the State, were ably discussed by
sach men as Mr. John Cownie and Mr. G. S. Robinson of the State
Board of Control, Mr. B. F. Miles and Mr. F. P. Fitzpatrick, super-
intendents of the industrial schools at Eldora and Mitchellville re-
spectively, and by Mr. E. M. Nealley, Judge Emlin McClain, and
others.
LEAGUE OP IOWA MUNICIPALITIES
Iii the year 1898 four mayors of representative Iowa cities, while in
attendance upon the second annual meeting of the League of American
Municipalities, came to the realization that their respective cities had
little in common with the national league. The proceedings of the na-
tional league were largely taken up in discussing the municipal prob-
lems of our large American cities, whereas, but few of the cities in the
State of Iowa exceed 15,000 in population. It was then that Mr. John
MacVicar, mayor of Des Moines, Mr. John N. Redmond, mayor of
Cedar Rapids, Mr. F. G. Pierce, mayor of Marshalltown, and Mr.
F. K. Stebbins, mayor of Iowa City conceived the idea of organiz-
ing a League of Iowa Municipalities; the annual meetings of which
should be devoted to the live problems of the smaller cities. That
their efforts have been highly successful is evidenced by the fact that
134 THE IOWA JOURNAL
nearly one hundred delegates representing the most progressive cities
of Iowa were in attendance upon the fifth annual meeting of the
League which convened at Iowa City, October 8 and 9, 1902. At
these meetings no effort is spared to bring before the League men
who can speak authoritatively upon the municipal problems of our
State. Members of the League have taken advanced ground in
reference to municipal government by advocating the separation of
municipal affairs from party politics. The League as a body is
endeavoring to secure state legislation relative to municipalities in
accordance with the more advanced views of the students of this sub-
ject. The organ of the Iowa League is a monthly magazine the
Midland Municipalities, ably edited by Mr. F. G. Pierce of Mar-
shalltown. In all the work of the League of Iowa Municipalities is
to be highly commended, for its efforts are earnestly directed toward
making local government in Iowa of the people, by the people, and
for the people in the fullest sense.
CONTRIBUTORS
LAENAS GTIFFORD WELD, Professor of Mathematics and Dean
of the Graduate College (State University of Iowa), and State
Superintendent of Weights and Measures for Iowa. Born
at Sherwood, Michigan, 1862. Graduated from University
of Iowa. Fellow of the American Association for the
Advancement of Science. Member of the American Mathe-
matical Society, the State Historical Society of Iowa, Baconian
Club, etc. Author of TJie Theory of Determinants ; the chapter
on Determinants in Merriam and Woodward's compendium of
Higher Mathematics; etc.
FRANCIS NEWTON THORPE, Author and Member of the Bar.
Born in Massachusetts, 1857. Fellow and Professor of Ameri-
can Constitutional History at the University of Pennsylvania,
OF HISTORY AND POLITICS 135
1885-1898. Member of the American Historical Association,
also of the Pennsylvania Historical Society. Author of A Con-
stitutional History (State) of the American People, 2 vols, Harper
Bros., 1898; The Constitutional History of the United States,
3 vols, Callaghan & Co., 1901; A History (Social and Economic)
of the American People, McClurg & Co., 1901; The Government
of the People of the United States, Eldredge & Bro., 25th edition;
etc.
DUREN JAMES HENDERSON WARD, Lecturer and Minister
(All Souls' Church, Iowa City, Iowa). Born at Dorchester,
Ontario, 1851. Traveling Fellow from Harvard University at
Berlin and Leipsic (Germany) 1885-1887. Lecturer on Anthro-
pology and Philosophy at Harvard University (1887-1889).
Member of Harvard Philosophical Club (1887-1689), New York
Academy of Anthropology (1890-1894), Political Science and
Philosophical Clubs (University of Iowa), etc. Author of
Anthropology — a /Syllabus; The Human Races; How Religion
Arises; and numerous articles on Anthropology, Sociology,
Religion, etc.
JOHNSON BRIGHAM, State Librarian for Iowa. Born in
Cherry Valley, New York. While at Cornell University was
awarded Goldwin Smith prize for English history essay. Editor
of Cedar Rapids Republican for twelve years. Founder and
editor of the Midland Monthly. Contributor to the Century,
Forum, Chautauquan, etc. At one time Consul at Aix la Cha-
pelle, Germany.
I THE IOWA JOURNAL
of History and Politics
APRIL Nineteen Hundred Three
Volume One Number Two
A BEIEF HISTORY OF THE STATE HISTORICAL
SOCIETY OF IOWA
There are times and circumstances which seem to inspire
a larger interest in matters historical — times especially when
the human mind cherishes what has been, times when the
past touches the human imagination even to sympathy. The
discovery of new scientific truths, for example, provokes
curiosity in the history of scientific truth discovery; the ele-
vation of men to high positions of trust, honor, or power
among their fellows stimulates biography; while a people
aroused by formative events, dramatic episodes, or by anni-
versaries to a consciousness of change, progress, or political
unity, invariably turn with no little pride to the annals of
their social and political evolution.
In our own Commonwealth of Iowa the revision of the
Constitution in 1857 seems to have been the event which
occasioned the first formal expression of the conviction that
the history of this State was worthy of preservation. And
yet this conviction itself had surely been born of earlier
days. That it had been maturing gradually for more than
two decades was natural and could hardly have been other-
wise. The courageous pioneers, who in the thirties and
forties of the last century crossed half a continent to make
permanent homes in Iowa, must have realized as they blazed
their names on primaeval oaks or drove their stakes deep
into the prairie land that their lives were indeed part of a
great movement which would some day become truly historic.
140 THE IOWA JOURNAL
Many rare and inspiring experiences were in store for
those who crossed the Mississippi prior to 1857. The
beauties of nature untouched were theirs; and theirs, too,
was the freedom of opportunity. During the lifetime of a
single generation the pioneers beheld the evolution of a
community of men and women from a few simple families
to a complex society; and as participants in that social and
political transformation they successfully established and
maintained law and order on the frontier. These early set-
tlers founded social and political institutions. They partici-
pated in the organization and administration of the highest
form of Territorial government which the genius of our peo-
ple has yet devised. Earnestly they mingled their labors
with the virgin soil of the richest prairies of all America.
Beneath their eyes a thousand hills were stripped of forests
and more than a million acres of prairie land were turned
into corn-fields. The hardships and privations which they
endured remain largely untold.
During the early forties the pioneers took part in an agi-
tation for a State government. In 1845 they twice rejected
the boundaries prescribed by Congress. In 1846 they
formed the Constitution under the provisions of which Iowa
was organized as a State and admitted into the Union.
Having witnessed the birth of "the only free child of the
Missouri Compromise," these Iowa pioneers enthusiastically
applauded their Governor when in 1854 he declared that it
was fitting that this State of Iowa should let the world know
1 1 that she values the blessings which that Compromise has
secured her, and that she will never consent to become a
party to the nationalization of slavery."1 In 1856 they
1 From the inaugural address of James W. Grimes.
OF HISTORY AND POLITICS 141
made preparations for a third constitutional convention
and witnessed the birth of the political party which, with
but one exception, has dominated the politics of the State
even unto this day.1 Finally, in the eventful year of 1857
they were seriously engaged in drafting anew their code of
fundamental law.
Many of the pioneers had now passed middle life. With
axes and plows they had bravely fought the battles of the
frontier; and now they had begun to enjoy some of the
fruits of victory. They loved to tell the story of "the early
days." At the fireside they lived over and over again the
history of their lives. The hardships and privations through
which they had passed were now endeared to them. They
were proud of the great Commonwealth which they had
founded. The marvelous transformations which they had
witnessed stirred their imaginations. They felt that some-
how their own humble lives were really a part of history;
and so they resolved ato rescue from oblivion the memory
of the early pioneers."2 Thrice fathers — fathers of the
Frontier, fathers of the Territory, fathers of the State — the
unschooled pioneers of Iowa now became the fathers of our
local provincial history.
It was in January, 1857, while the Third Constitutional
Convention was revising the Constitution of the State in the
Old Stone Capitol at Iowa City, that the Sixth General
Assembly, which was then in session in the same historic
1 The Republican party of the State of Iowa was organized at Iowa
City, in February, 1856.
8 From the Constitution of the State Historical Society as adopted
in 1857.
142 THE IOWA JOURNAL
building, voted a permanent annual appropriation ' i for the
benefit of a State Historical Society." 1
To be sure, discussion of the importance and value of
such a society had preceded and in a way called forth this
action of the General Assembly; but the movement was not
fully organized until February 7, 1857, when a Constitution
for the " State Historical Society of Iowa" was adopted.2
The provisions of this simple instrument have continued to
be the basis of the organization of the Society for more than
forty -five years.
According to the original Constitution of 1 857, 3 the State
Historical Society of Iowa consisted of members who were
admitted upon election by the Society, or by the Board of
Curators, and the payment of an "admittance fee" of three
dollars. The members of the Society held regular annual
meetings at which officers were elected and new members
admitted.4
The officers of the Society consisted of "a President, six
Vice Presidents, a Corresponding Secretary, a Recording
Secretary, a Treasurer, Librarian, and eighteen Curators,"
who were chosen annually. Article seven of the Constitu-
*By a vote of the Board of Curators on March 3, 1857, "the pres-
ent members of the Constitutional Convention and the General As-
sembly were elected members of the Society."
2 The Corresponding Secretary of the Society evidently erred when
in his report of December 1, 1857, he wrote that the Society was
organized in March, 1857.
'The Constitution, By-Laws, and Articles of Incorporation of the
Society, and the acts of the State relating to the Society were pub-
lished in 1869.
4 The annual meetings were at first held in December, but after
1872 they were held in June.
OF HISTORY AND POLITICS 143
tion constituted the Curators "the Executive Department of
this Association" with "full power to manage its affairs."
In April, 1869, a series of "By-Laws " was adopted, which,
among other things, provided for officers and monthly meet-
ings of the Board of Curators, fixed the quorum thereof,
prescribed an order of business, and named the standing
committees.
After the lapse of nearly half a century it is interesting
to observe the aims and functions of this Historical Society
as indicated in chapter III of the Constitution of 1857.
This chapter, which is entitled " Object." reads as follows:
"The object of this Society shall be to collect, embody,
arrange and preserve in authentic form, a library of books,
pamphlets, maps, charts, manuscripts, papers, paintings,
statuary and other materials illustrative of the history of
Iowa; to rescue from oblivion the memory of its early
pioneers; to obtain and preserve narratives of their exploits,
perils and hardy adventures; to secure facts and statements
relative to the history, genius, progress or decay of our
Indian tribes, to exhibit faithfully the antiquities, and the
past and present resources of the State; and to promote the
study of history by lectures, and diffuse and publish infor-
mation relating to the description and history of Iowa."
At the outset the State seems to have had no direct con-
trol over the organization and administration of the Society.
As time went on, however, the feeling arose that the State
Historical Society of Iowa should be brought into closer re-
lations with the State. This was certainly a legitimate
demand since the Society existed for public purposes and
was supported by State appropriations. Accordingly, the
144 THE IOWA JOURNAL
Fourteenth General Assembly passed " An Act to Reorgan-
ize the State Historical Society," which was approved
April 23, 1872.1
The act of 1872 was for the most part a compilation of
the provisions of the Constitution and By-laws which the
Society had previously adopted. Some significant changes
were, however, introduced. The Curators were thereafter
to hold office for two years, and nine of the eighteen were
to be appointed by the Governor of the State. The annual
meeting of the Society was to be held "on the Monday pre-
ceding the last Wednesday in June of each year." Section
five empowered the Board of Curators to "choose annually,
or oftener, if need be, a corresponding secretary, recording
secretary, a treasurer, and a librarian from the mem-
bers outside of their own number." These officers were to
serve as officers of both the Society and the Board of Cu-
rators. A President was likewise chosen by the Curators,
but from their own number. He presumably held the same
office in the Society. It was further provided by this act
that "No officer of the Society or of the Board shall receive
any compensation 'from the State appropriation to the
Society."
Whatever may have been its political and legal status
prior to 1872, it is certain that by the act of April 23d of
that year the State Historical Society of Iowa was made a
State institution in the fullest sense of the term. Since
1872 no change of any importance has been made in the
organic law of the Society; so that today the Code provi-
sions2 are substantially those of the act of 1872.
*Laws of Iowa, 1872, p. 113.
2See Code of 1897, p. 975.
OF HISTORY AND POLITICS 145
It can hardly be said that the State Historical Society of
Iowa was, in its earlier years, liberally supported by the
State. The idea seeing to have prevailed that the library
and collection would somehow grow by voluntary contribu-
tions, and that with little or no expense the materials of
history would find their way to the store-rooms of the Society.
By the act of January, 1857, the sum of $250 was appro-
priated as a permanent annual allowance. In 1860 this
annual allowance was increased to $500.1 Twenty years
later it was fixed at $1000.2 And finally in 1902 the per-
manent annual support of the Society was raised to $2500.3
In the meantime several special appropriations were voted
for the benefit of the Society. The first special appropria-
tion was made in 1868, when in "An Act in relation to the
State Historical Society," $3000 annually for two years was
appropriated.4 In 1892 a second special appropriation of
$1000 for the biennial period was voted.5 Again in 1900
the Society received a special appropriation of $2000. 6 The
last of the special appropriations was made in 1902 and
amounted to $9500. 7
In the original act of appropriation, as well as in subse-
quent statute and code provisions, the State Historical So-
ciety is referred to as "in connection with and under the
auspices of the State University." Precisely what was to
be understood by these words was not clearly defined. The
expression, however, has never been interpreted to mean
1 Laws of Iowa, 1860, p. 146. 5 Laws of Iowa, 1892, p. 133.
* Laws of Iowa, 1880, p. 60. 6 Laws of Iowa, 1900, p. 115.
8 Laws of Iowa, 1902, p. 143. 7 Laws of Iowa, 1902, p. 143.
4 Laws of Iowa, 1868, p. 225.
146 THE IOWA JOURNAL
that any organic connection existed between the two institu-
tions. The State Historical Society of Iowa remains to this
day an independent State institution, whose organization,
support, and management are in no way connected with the
State University. It is probable that the provisions of the
act of 1857 aimed to secure the permanent location of the
Society at Iowa City, where it would ' i be fostered by the
literary and scientific influences of the University."1 The
only material assistance which has ever been rendered by
the University consisted of providing rooms for the Society
from 1857 to 1868 and again from 1901 to this day.
Although Iowa City, the historic capital of Iowa and the
seat of the State University, has been the most fitting loca-
tion for the State Historical Society, the library and collec-
tions of this Society have not always had satisfactory
accommodations. At first rooms in the Old Stone Capitol
were assigned by the Trustees of the University. These
quarters were occupied by the Society until September,
1862, when other rooms were assigned in the "Mechanics
Academy." This building was occupied by the Historical
Society until March, 1865. It was at this time that the
Trustees of the University passed a resolution authorizing
1 At a meeting of the Board of Curators in 1866, Colonel S. C.
Trowbridge said that "he [Trowbridge] was at the first organization
of this Society, which was born after the politicians had swapped off
all the public institutions that had been located at Iowa City, and
arranged for their removal to other parts of the State, and the object
of placing the Historical Society under the auspices of the Uni-
versity was to insure its permanent location at this point.
" . . . .If allowed to remain here it will be fostered by the liter-
ary and scientific influences of the University" — From the Records
of the Board of Curators, March 2, 1866.
OF HISTORY AND POLITICS 147
the Society to use "the Library Room and Cabinet of the
University for their purposes as a Society, with leave to hold
the annual meetings of the Society in the University
Chapel." This arrangement proved unfortunate in that it
gave rise to misunderstanding, controversy, and'no little ill
feeling between the two State institutions.
In June, 1866, the Trustees of the University "Resolved,
That the Historical Society be requested, so soon as they
can, to surrender the government of the Society to the
Trustees of the State University, and after thorough e*xam-
ination, if they consider that they have not sufficient author-
ity to do so, that they petition the Legislature for such
authority; and in the meantime, as a condition of occupying
a room in the University, that they employ as their Libra-
rian the Librarian of the University, and on failure to com-
ply with this condition by the first day of September, 1866,
the Executive Committee are hereby authorized and em-
powered to have the effects of the Historical Society removed
from the University building at the expense of the Uni-
versity."1 The Curators of the Historical Society believing
the performance on their part of such an act would be clearly
a violation of their oath of office did not comply with the
request of the Trustees.
Again in June, 1867, the Trustees of the University after
a further consideration of the relation of the Historical
Society to the University, passed this resolution: "Resolved,
That the State Historical Society be permitted, until other-
wise ordered, to occupy the present library - room, upon the
^ee Appended Document, D, in Sixth Biennial Report of the
Board of Curators.
148 THE IOWA JOURNAL
removal of the present library of the University therefrom,
which occupancy shall only be upon the following conditions:
The said State Historical Society shall at their first annual
meeting adopt the following: 1. The property in the cus-
tody of the State Historical Society shall be, and remain,
under the ultimate control of the Board of Trustees of the
State University, and in case said Board deem it for the
security or preservation of said property to assume such con-
trol, they may do so. 2. That said property in the custody
of the Society shall not be removed from the University
Buildings, except by the consent of the said Board of
Trustees. 3. That at each regular annual session of said
Board of Trustees, the said Historical Society shall report to
the Board the conditions and operations of the Society gen-
erally. 4. That regulations shall at all times exist by
which the instructors and pupils of the State University
shall have access to the collections of the Society for the
proper uses of the University. 5. That at the coming ses-
sion of the Legislature, the General Assembly be requested
to declare and define a permanent connection to exist, as
above contemplated, between the State University and the
State Historical Society. 6. That the immediate manage-
ment of the operations of the State Historical Society be left
to the Society itself. "]
Again the Curators declared that they could not, "in view
of their obligations to the Historical Society and the laws
of the State under whose authority they are acting," accept
rooms in the University on the conditions proposed by the
JSee Appended Document, C, in Sixth Biennial Report of the
Board of Curators.
OF HISTORY AND POLITICS 149
Trustees. When they met in August the Curators rejected
seriatim and by unanimous vote all of the conditions of the
resolution. A few months later the Curators submitted to
the Governor their regular biennial report, in which, after
adverting to the relations then existing between the Society
and the University, they made the following appeal to the
General Assembly:
"It is therefore earnestly desired by the Society, that the
true intent and meaning of the relation intended by the
Legislature, as expressed in the word 'auspices,' in the law
referred to, may be clearly set forth.
"If a bona fide relationship is therein intended, we ask
that the Trustees of that Institution shall be instructed to
provide an appropriate and permanent place for the use of
the Society, and that they may be taught to regard it as
having a claim upon the protection and aid of the State,
through, and derivable from, the appropriations made to
the State University.
uOn the contrary, if there is no tangible link of connec-
tion, then we respectfully request that an appropriation for
the purpose of procuring and fitting up a room for the
Society, be made direct to it, to be disbursed by some
authorized responsible party."1 The only direct and evi-
dent result of this appeal was the special appropriation of
1868, which enabled the Society to secure and fit up for its
special uses rooms outside of the University buildings.
In June, 1868, the Curators leased the "Old Stone
Church" on Burlington Street, and soon thereafter the
association of the State Historical Society with the State
1See Sixth Biennial Report of the Board of Curators, p. 13.
150 THE IOWA JOURNAL
University was completely severed. In the meantime the
Society had fortified its independence still further by secur-
ing articles of incorporation.1 The historical library re-
mained in the damp musty basement of the uOld Stone
Church" until the fall of 1882, when it was removed to
better quarters in a building on Washington street. In
September, 1901, the library and collections of the Society
were finally transferred from the Washington street build-
ing to the Hall of Liberal Arts on the campus of the State
University.
From the provisions of its Constitution it is clear that
the publication as well as the collection and preservation of
the materials of history is one of the principal objects for
which the State Historical Society of Iowa was established.
The various publications which have been issued since 1857
may be grouped under four heads.
First, the official biennial reports which have appeared
regularly every two years since the organization of the
Society in 1857. 2
Secondly, the quarterly publications, of which there have
been two series, namely, The Annals of Iowa and The loiva
Historical Record. The first number of The Annals ap-
peared in January, 1863. Thereafter the quarterly num-
bers were issued regularly until December, 1874, when the
series was suspended for want of funds. The Annals com-
plete consists of twelve volumes. In January, 1885, the first
lThe articles of incorporation were filed for record December 2,
1867. The Society was again incorporated in 1892.
2 The first of these reports was printed as The First Annual He-
port of the State Historical Society of Iowa for the Year 1857.
OF HISTORY AND POLITICS 151
number of The Record was issued. This was uthe resump-
tion in fact of The Annals of Iowa. " Of The Record
series there are eighteen volumes. The last number bears
the date of October, 1902.
Thirdly, the miscellaneous publications, of which the
most important are: Documentary Material Relating to the
History of Iowa (3 vols.); Fragments of the Debates of the
Iowa Constitutional Conventions of 1844 and 1846, along
with Press Comments and Other Materials on the Constitu-
tions of 1844 and 1846; The Constitution and Records of
the Claim Association of Johnson County, (Iowa); The Con-
stitution of Iowa (pocket edition); Iowa City, a Contri-
bution to the Early History of Iowa; Amish Mennonites in
loioa; Iowa Historical Lectures, 1892; and Iowa Historical
Lectures, 1894-
But more inspiring than statutes, appropriations, or pub-
lications are the names of the men who as officers and mem-
bers have been connected with the Society during the past
forty -five years. At the head of the list stands the name of
James Wilson Grimes. As the first President, both of the
Society and of the Board of Curators, Grimes was indeed a
worthy predecessor of such men as Ralph P. Lowe, Samuel
J. Kirkwood, William G. Hammond, George G. Wright,
Josiah L. Pickard, and Peter A. Dey.
Among the Vice-Presidents of the Society were men of
the same high character and public renown, as witness the
names of James Harlan, Charles Mason, Thomas S. Wilson,
William M. Stone, John F. Dillon, Lucien H. Lang worthy,
John P. Irish, and William B. Allison.
In the long line of Curators one meets the names of J. B.
152 THE IOWA JOURNAL
Grinnell, Thomas H. Benton, Jr., T. S. Parvin, G. W.
McCleary, P. M. Cassady, Charles Negus, Silas Totten,
Wm. Penn Clarke, James Wilson, J. F. Duncombe, John
A. Kasson, D. N. Richardson, and Geo. D. Perkins.
The roll of members is longer and somewhat more pro-
vincial. But even here one finds the names of George Ban-
croft,1 Jared Sparks, William Cullen Bryant, William H.
Prescott, Horace Greeley, and Theodore Parker.2
Such are the historical beginnings of the State Historical
Society of Iowa as founded and fostered by the pioneers.
Without, perhaps, much knowledge of critical history and
without academic training they sowed the seeds of a local
provincial history which have grown and matured into
ripened grain. To gather the harvest and withal to sift the
grain is the duty of the present hour.
BENJAMIN F. SHAMBAUGH.
THE STATE UNIVERSITY OF IOWA
IOWA CITY
MY DEAR SIR: 1NEW YORK, March 17, 185*7.
I accept with equal pride and pleasure the honor done me by the
Board of Curators in conferring upon me membership in the State
Historical Society of Iowa. Yours very truly,
C. BILLINGS SMITH, Esq., GEO. BANCROFT.
Corresponding Secretary.
C. BILLINGS SMITH, Esq. 2 BOSTON, July 11, 1858.
DEAR SIR: Yours of 26th ult. has just come to hand. It gives
me great pleasure to accept the honor your society confers on me. I
am particularly desirous of acquiring information relating to the
religious opinions of the Indians, and if your society should publish
anything relating thereto, please consider me a subscriber for it. If
you will let me know how books, pamphlets, etc. may be sent to you
without cost to you, I think I can furnish you something now and
then. Respectfully truly yours,
THEODORE PARKER.
STATE HISTORY IN THE PUBLIC HIGH SCHOOLS
In every public high school, as well as in every college
and university in our land, history has come to be an impor-
tant constituent factor in the curriculum. Discussion may
still go on as to how much time ought to be given to this
study, as to the methods to be adopted in its pursuit, and
as to whether it ought to be required of all students. But
these are simply matters of school or college administration
which do not affect the general proposition, to which all
educationists now agree, that the study of history should be
adequately represented in the curriculum of every school
of secondary or higher grade.
Accepting this general conclusion as sound, I desire in
this paper to advance the further proposition that in the
study of history in our .public high schools a reasonable
portion of the time should be given to the study of State
history. Nor is it sufficient that the study of local history
be made the subject of a few " talks" to the class in United
States history, or introduced simply to enliven the course in
civics ? On the contrary, I believe that the local history of
the State within which the high school is located should be
seriously taken up and regularly taught as a subject worthy
of special study.
In urging this proposition upon the attention of those
who are interested in secondary education there is, of course,
some danger of assigning undue prominence to the study of
154 THE IOWA JOURNAL
State and local history. I am, however, especially anxious
to guard against such error, since I am of the opinion that
in constructing schemes of historical study for our schools
we have, perhaps, sinned somewhat in placing undue em-
phasis upon American as compared with general European
history. Every country in constructing its scheme of educa-
tion ought to provide a proper place for the study of its own
history; but every country needs also to be on its guard
lest by giving too exclusive attention to this subject it warp
and distort the views of its children as to the relative impor-
tance of local as compared with general, of national as com-
pared with world history.
The history of this country is destined, in our opinion,
to play a very prominent part and occupy a leading place
in all the future history of the world. But if the American
republic were to perish to-day, the place which we should
occupy in the grand progress of the world's history would,
after all, be very small. And so our students in the high
schools should get in the course of their studies some con-
ception of the relative significance which the history of other
nations has in the history of the world as compared with our
own. We are, however, justified in laying a somewhat
exaggerated emphasis upon our own history as compared
with that of other nations of the world. That is to say, a
certain exaggerated emphasis is not an undue emphasis.
In the first place each nation is bound by the laws of its
own being to magnify its own calling, to emphasize its own
place in the general history of the world, and to dwell upon
its own services to humanity. It is, moreover, necessary in
the general interests of human history that each State should
OF HISTORY AND POLITICS 155
do this in order that ultimately, when the history of the
world is written, adequate material shall exist to enable the
historian to give each, nation its proper place.
We are likewise justified from a pedagogical point of
view in this exaggeration of our own history by the fact
that there is a certain element of interest in the study of the
national annals which is not to be found to the same extent
in the study of the world annals. At the same time we
must beware against making a very common mistake in this
field. It is not true, in my opinion, that the individual is
always most interested in that which lies nearest him. The
child, as a rule, is far more interested in fairy stories than
it would be in the history of children with whom it asso-
ciates every day. The citizen is often times more interested
in the politics of the State or the nation than in that of the
city, and in the history of the foreign nations rather than in
the history of his own nation, in the history of the ancient
rather than in the history of the modern nations, in the his-
tory of the world rather than in the history of his own time
and his own conditions. In spite of this general fact, how-
ever, it is possible to get a certain kind of interest in the
events connected with one's own national life which cannot
be secured for those incidents connected with other nations
and other races in other periods of the world's history. In
the same way it is possible to arouse a certain kind of in-
terest in the annals of one's village or city, of one's county
or one's State, which it is not possible to excite to the same
extent in the history of one's nation. A certain amount of
attention, therefore, to State and local history would be
justified by the fact that it helps to arouse that special and
156 THE IOWA JOURNAL
peculiar interest in the study of history which is likely to
make it a fruitful source of intellectual development and
enjoyment for all time to come.
There is another reason justifying the attention of the
student of history to local as well as to general affairs, and
that is, that it is the best means of getting a clear under-
standing of certain large events and forces through that
accurate knowledge of local events and local forces which
the study of local history offers an opportunity of develop-
ing. Just as in geography a child may from its own imme-
diate surroundings by studying the local elevations, slight
though they may be, by watching the streams, insignificant
though they are, get such general geographical ideas as will
enable him to understand in a far clearer and better manner
the elements in the geography of foreign countries and
foreign climes, so in history, the study of the local features
and the local traditions will enable the student to collect
certain data which will render easy the understanding of the
wider sweep of national and world history.
There is still another important circumstance which justi-
fies the study of local history as a part of the general scheme
of historical study. I refer to the fact that the life of the
local community supplements the life and politics of the
larger national community. The entire history of the people
is not by any means to be found in the annals of legislative
bodies or in the field of what may be called general politics.
Many of the most important forces which necessarily deter-
mine the course of national development are not reflected
in the history of the general governments or in their deal-
ings with foreign nations or with domestic affairs. Thus it
OF HISTORY AND POLITICS 157
will be found that local history offers an essential supple-
ment to the study of the larger and more general features
of national history. ,
It may also be urged with reason that a knowledge of
State and local history conduces to a love of country. He
who is a stranger to the history and traditions of his own
local community is not likely to possess that patriotism upon
which rests, in the long run, the salvation not only of the
local community but of the nation as well. The more the
citizen knows and understands of the history and govern-
ment of his own community the greater will be his interest
in all public affairs. To be taught that our fathers labored,
and fought, and sacrificed for the good of the community is
to be inspired with that courage which makes good citizens.
From the standpoint of the public good our high schools
can offer no more valuable courses of instruction than those
which lead to better citizenship.
All these considerations, which apply in a general way to
the study of local history as distinguished from general his-
tory, have a special force in this our own country owing to
the peculiar nature of our government and of our institu-
tions. Our nation is organized on the federal plan, being
composed of States themselves organized on the principles
of local self-government. The history of townships, coun-
ties, and States is, therefore, of special significance in the
study of American history.
Owing to the political, social, and industrial constitution
of our society a large number of important elements in our
national history fail to be reflected within the ordinary field
of national policy, national discussion, and national admin-
158 THE IOWA JOURNAL
istration. This is rendered especially apparent by a com-
parison of our own history with that of England, for ex-
ample. If you study the history of England your will find
that the questions of the support of the poor, of the proper
organization of municipal government and the organization
of public education, and the administration of public health,
have entered into national politics in such a way that no one
could write a general history of England without giving
large attention to these problems. They are the points
about which national policy has turned; they are the ques-
tions on which ministries have risen and fallen. Nor are
these same questions at bottom of less importance in this
country to a full understanding of our history as a nation.
But at no place in the field of our national politics do they
appear as important considerations. If, therefore, these
vital social and political problems are to be studied at all,
if they are to receive the attention which they certainly
ought to have in any general scheme of historical instruc-
tion, they must be included in the study of State history
which has turned to so large an extent about their solution.
The study of State history in this sense in the United
States is a very essential and necessary supplement to the
study of general American history in order to give any ade-
quate view of the course of national progress. Even in the
field of national politics, pure and simple, in the field of
those questions which, by the terms of our Federal Consti-
tution, are intrusted to our national government, the part
which the States as States have played is extremely impor-
tant. The great struggle for the existence of the Union
turned largely upon the attitude of the individual States.
OF HISTORY AND POLITICS 159
The most important problems in our national history can be
understood and appreciated only through the study of State
life, of the State idea, and of the part which that idea played
in our national existence. Surely, then, these are circum-
stances which justify giving a certain portion of the time
devoted to historical study to the examination of these par-
ticular things.
The considerations which I have thus far presented apply
to the study of State history generally in the high schools
of our country. But here in the Middle West, in the great
Valley of the Mississippi, there are special reasons for urg-
ing the study of State and local history. The intrinsic
interest and importance of the history of this region can no
longer be questioned. To be sure the history of Massa-
chusetts, of New York, of Pennsylvania, and of Virginia is
fuller of content since it extends over a much longer period
of time than does the history of such States as Ohio, Illinois,
Iowa, and Wisconsin. But ever since the close of the Revo-
lution, when the defiles of the Alleghanies began to be filled
with emigrant wagons bound for the West, the Mississippi
Valley has literally been the central region of interest in
our American history. The eastern States secured inde-
pendence and established the nation. It remained for the
Territories and States of the West to develop that nation.
They brought into American history those factors and
elements which are genuinely American. The history of
these western States — these frontier democracies — is cer-
tainly interesting, important, and full of suggestion.
Take Illinois as an example. The history of the Indian
and the Mound-builder, the marvelous story of the explora-
160 THE IOWA JOURNAL
tions of Marquette and LaSalle, and the magnificent efforts
by which this territory was annexed to the crown of France
stir the imagination and arouse and excite the attention and
fix the interest of the student of history the more deeply
the longer it is studied. Certainly the annals of no eastern
State have to show a more picturesque or interesting chapter
calculated to stir the emotions of the historian than the
earliest chapter in the history of the Illinois country.
Again, the story of the winning of this territory from the
French crown, the subsequent story of maintaining its pos-
session in the hands of the English against the Indians,
and above all the story of its acquisition by the infant
republic during the Revolutionary War may rank in interest
with any which the annals of this country can offer. The
great march of George Rogers Clarke across the Illinois
country to Kaskaskia and back again to Yincennes ranks
among the great events of a similar kind, not simply in the
history of this western country, or of the United States, but of
the world; and the oftener the story is told, and the more
fully its significance is understood, the greater the place
which will be accorded to it in the history of this country.
The organization of this whole region in the Northwest
Territory was not merely an interesting incident in the life
of one or two States, but is to be viewed as one of the most
important and far reaching events in the life of the republic,
as an act the significance of which is not at all seen in the
ordinary accounts of it given in the general history of the
United States. And when subsequently the time came for
the admission of this Illinois territory into the Union as a
State, the fact that its northern boundary was placed at
OF HISTORY AND POLITICS 161
42° 30' instead of at the lower end of Lake Michigan, where
it was first designed to be, turned out to be one of the most
important events in thje history of the country; for, pos-
sibly, upon that fact depended the subsequent circumstance
that Illinois sided with the North in the great struggle for
the Union, and thus turned the scale in favor of a single
national existence as opposed to a number of nations on this
continent. Then too, the history of the struggle of this
State over the slavery question, its experience in the matter
of internal improvements, the great struggle over the free
school, all these are interesting and vital chapters, not
merely in the history of Illinois, but, because they represent
similar movements in other States, also in the history of the
Union. It is, indeed, a history without which the history
of the Union cannot be understood in any proper sense.
The same local interest and the same national importance
attaches to the history of Wisconsin. There the romance
of Jesuit missionaries and the exploits of French fur traders
are no less fascinating; while the early and steadfast sup-
port which that State gave to the fundamental principles
upon which the nation was founded may justly be regarded
as a significant contribution to the political evolution of the
American people. Indeed each of the five States of the
Old Northwest has made its special contribution to our
national as well as to our local annals.
And if we look a little farther and across the Mississippi
we behold the vast Province of Louisiana, the event of
whose purchase in 1803 from Napoleon has been ranked
next in importance and political significance to the Declara-
tion of Independence and the adoption of the federal con-
162 THE IOWA JOURNAL
stitution. The negotiations leading up to the signing of the
treaty of purchase are among the most interesting in the
annals of American diplomacy. But still more entertaining
is the story of the planting and growth of the trans-Missis-
sippi Commonwealths.
The later history of these States of the Middle West, the
rise of the railway with all the questions which grew out of
railroad regulation and control, the steady tendency to in-
crease the functions of the State in the direction of the
support of the poor, the support of higher education, the
general social legislation reflected in the laws regulating the
employment of children or in those regulating the conduct
of the mining business and similar departments, all repre-
sent a most important side of the life of the American
people — a side which is almost absolutely neglected in our
national histories because, forsooth, this particular study of
national life does not fall under the jurisdiction of the
federal authority. The fundamental and important place
which the city is coming to occupy in modern society can be
fully seen only from the study of this subject as a part of
the State government, although it has, of course, become a
most important part of the influence which determines
national politics as well.
We citizens of the States of the north Mississippi Valley
are fortunate in that in studying the history of our own
States we are undoubtedly studying the life of States which
are destined to occupy increasingly important positions
in the life of the nation. We need not feel, therefore, that
in studying the history of our own States we are spending
our time upon the study of political units whose parts have
OF HISTORY AND POLITICS 163
been played and whose importance is destined to wane with
every succeeding decade. On the contrary, our children's
children are likely to be still looking forward to the increas-
ing importance assigned in the life of our great republic to
the work, and thought, and action of these Commonwealths.
It is a picturesque, a glorious, and an important history.
Their future history is destined to be, if not more picturesque,
even more important in our national annals than it has been
thus far. Surely we can afford to give our children the
opportunity to know something more of their past than is to
be found in the ordinary volumes on United States history
which are studied in our schools.
As American citizens we have a still more glorious herit-
age. We all feel that whatever may be the relative position
assigned to the history of the American republic in the gen-
eral history of the world down to 1900, certainly a larger
and ever increasing place must be assigned to it in the future
if we do not prove recreant to the trusts which are devolved
upon us.
George Washington would have been a great man even if
he had been condemned to run his career in a State which
had come to an end within a generation of his death. He
would have been a great figure if he had lived in one of the
obscure South American states; but he never could have
assumed the commanding place which is assigned to him
to-day, if it had not been for the subsequent growth of this
great republic which he helped to found. Every added
increment of strength and glory to our nation will give an
added prominence to those great men who laid broad and
deep its foundations, or to those later men who builded in
164 THE IOWA JOURNAL
many cases wiser than they knew upon the foundations of
the fathers of the republic. So the things we are doing
to-day will acquire an added importance and an added sig-
nificance as the years roll on from the ever increasing power
and position of this republic among the nations of the earth.
EDMUND J. JAMES
NORTHWESTERN UNIVERSITY
EVANSTON
THE KEGULATION ' OF PKIMAKY ELECTIONS
BY LAW
The nomination of candidates by the various political
parties and the election of officers to fill the many places of
public trust in the city, county, State, and national govern-
ments are of growing importance to the American people.
The increasing density of the population of the United
States from 4.9 persons to the square mile of area in 17901
to 25.6 persons to the square mile of area in 1900,2 and the
fact that there are some 21,329,8192 voters in the United
States particularly emphasize this importance.
Furthermore, the concentration of 37.3 per cent of our
entire population in cities,3 which has accompanied the rush
for commercial supremacy, is having a wonderful and wide
felt influence upon the political and social development of
our nation. Nevertheless the desire to maintain our free
institutions and the principles of pure democracy in our
government is stronger today among the 76,000,000 people
than it was in 1789, at the time of the adoption of our
national constitution, when there were but 4, 000, 000. This
desire is especially evidenced by the general and growing
interest throughout the United States, and within the domi-
nant party in the respective States, in the regulation of
primary elections by laws which provide that nominations
1U. S. Census for 1790.
2U. S. Census for 1900.
8U. S. Census for 1900.
166 THE IOWA JOURNAL
shall be made by the direct vote of the members of the
political party.
The agitation for reform in nominating systems has been
going on ever since the earliest political history of our
nation. It has been an evolution. At first the members
of the colonial assembly, and afterwards the members of
the State legislature, when that body was in session at the
colonial or State capital, held a meeting and made nomina-
tions for the various district and State offices. They also
directed or made the nominations for the county offices;
while members of the political parties in Congress named
the congressional, senatorial, and presidential candidates.1
But as the population increased and the people became bet-
ter acquainted with the plan of a republican form of govern-
ment, the rank and file became more interested in public
affairs and finally expressed a desire to participate in the
control of the government machinery. Thus there arose a
desire among the people to nominate their own representa-
tives either directly or through delegates selected to repre-
sent their wishes.2
About the year 1832 the assumed power of party leaders
in the legislatures and in the Congress of making nomina-
tions was lost to them; and the right of naming their own
candidates and making their own political party platforms
was demanded by the masses of the people themselves who,
after all, really constituted the power of government.3
1 Von Hoist's Constitutional History of the United States, Vol. II,
pp. 38, 39.
2Schouler's History of the United States, Vol. IV, p. 81.
8 Johnston's American Politics, p. 118.
OF HISTORY AND POLITICS 167
At this juncture the caucus and convention system of
nominations was established. It continued as a nominat-
ing system without interruption in local, State, and national
politics until after the Civil War closed in 1865. During
this period the great question of slavery overshadowed all
other problems of political betterment.
By the caucus and convention system delegates were
selected by those who attended the caucus to represent them
at the various county, district, and State conventions. But
under the workings of this plan many thought themselves
misrepresented, and they complained that the caucuses and
conventions were too often open to the manipulations of
party bosses. And so there arose in time a demand for the
nomination of party candidates for local, district, and State
offices by the direct vote of the members of that party only
at whose hands the candidates asked a nomination.
This system by which the political party nominates its
candidates by a direct vote of all its qualified members with-
out the intervention of delegates to represent the choice of
the people, but rather having that choice determined by the
largest number of votes cast for any one candidate, has been
generally designated as a Primary Election. Primary elec-
tions are conducted within the political party on the same
basis as the general election in November; and the candi-
dates are nominated by the members of the party voting
directly for the candidates of their own choice.
The first step toward the regulation of primary elections
by law was taken by the legislature of California in 1866
when an imperfect law was passed providing for the election
of delegates at primaries by a direct vote.1 The next step
1 Session Laws of California, 1866.
168 THE IOWA JOURNAL
was the introduction of the direct vote, or primary election
system, in Crawford County, Pennsylvania, in 1868.1
Since those first attempts in California and Pennsylvania,
some thirty-one different State legislatures have enacted laws
of one kind or another for the regulation of primary elec-
tions.2 Most of this legislation has taken place during the
last ten years and is of a varied character. It is either
state- wide or local; and it is compulsory or optional. The
primary election is either conducted by the political party,
or it is under the control of the State itself. The table
below shows the States which have some form of primary
election regulation or law which recognizes a primary elec-
tion, and those which have no such regulation or law; the
plan upon which the primary election is operated; the ap-
proximate dates of adoption and amendments; the ballot
system used at general elections; and the plurality party
in the State.
The table on the opposite page was compiled partly from
data received through correspondence with the Secretaries
of all the States, and partly from the laws of the several
States relating to elections in general and to primary elec-
tions in particular.
1 Meyer' s Nominating Systems.
2 Special correspondence with the Secretaries of States.
OF HISTORY AND POLITICS
159
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OF HISTORY AND POLITICS 173
It is to be noted in particular, as shown by the above
table, that the States may be divided into about four groups
as to their primary election legislation as follows:
First. The southern group, consisting of South Caro-
lina, North Carolina, Georgia, Virginia, West Virginia,
Tennessee, Alabama, Mississippi, Louisiana, Florida, Texas,
Arkansas, and Kentucky. In this group there are in all
thirteen States. The region is largely agricultural, and in-
cludes a larger number of States which have state-wide pri-
mary election laws than any other section of our country.
Kentucky appears to have the best system.1
Second. The eastern group, consisting of Maine, New
Hampshire, Vermont, Rhode Island, Massachusetts, Con-
necticut, New York, Pennsylvania, New Jersey, Delaware,
and Maryland. This group contains eleven States located
in a manufacturing region, and includes all the original col-
onies except three — South Carolina, North Carolina, and
Georgia. In this group the town meeting prevailed at an
early day, and traces of this institution still remain. It is
a region of local primary election legislation. Of this group
New York has the best system.2
Third. The western group, consisting of California,
Oregon, Nevada, Colorado, Utah, Montana, Wyoming,
Idaho, and Washington. This group contains nine States,
located in the mining region of the United States and cov-
ering the largest extent of territory. The area of this group
is the least densely populated of any of the four. In this
group California has the most complete system.8
1 Session Laws of Kentucky, 1892.
* Session Laws of New York, 1902.
8 Session Laws of California, 1901.
174 THE IOWA JOURNAL
Fourth. The north-western group, consisting of Ohio,
Indiana, Illinois, Missouri, Michigan, Wisconsin, Minne-
sota, Iowa, Nebraska, Kansas, South Dakota, and North
Dakota. This group contains twelve States, and embraces
the richest agricultural region of the United States. It was
the last to develop primary election systems of nominations.
Of this group Minnesota has indisputably the most com-
plete and perfect system.1
The first efforts toward securing the passage of a primary
election law in Iowa were made in the Twenty -sixth General
Assembly in 1896.2 On January 20th of that year Senator
J. L. Carney, of Marshall County, introduced in the Iowa
Senate, Senate File 29, UA bill for an act to regulate pri-
mary elections for nominations of candidates by political
parties or associations, and to prevent frauds therein." The
bill was referred to the committee on elections of which Mr.
Carney was chairman. On February 13th the committee
reported a substitute for the Carney bill.3 The substitute
had in it all the essential features of the Carney bill, and
was much more complete. It authorized the holding of
primary elections and provided for the adoption of the sys-
tem by political parties. The whole machinery of the sys-
tem was to be in the hands of the political party adopting
it. The substitute was in fact the same as the Early bill,
House File 45, which had been introduced in the House of
Representatives about February 1st.4 On February 2 1st the
1 Session Laws of Minnesota, 1901.
2 Senate Journal, 26th G. A. of Iowa, session 1896, p. 50.
3 Senate Journal, 26th G. A. of Iowa, session 1896, p. 219.
4 House Journal, 26th G. A. of Iowa, session 1896, p. 90.
OF HISTORY AND POLITICS 175
committee substitute was considered by the Senate and lost
by a vote of 11 to 27, there being twelve Senators not vot-
ing. This vote was reconsidered on February 25th and car-
ried, and the bill as substituted was recommitted to the com-
mittee on elections. On March 3d the committee again re-
ported favorably on the substitute to Senate File 29, and on
March 19th it passed the Senate by a vote of 35 to 8, there
being seven Senators not voting.1 The committee substi-
tute had, however, been very much altered by amendment.
Several Senators voted "no" because they thought it uncon-
stitutional as it passed the Senate. The bill as it passed
the Senate was then sent to the House, where House File
45, being the same as the committee substitute to Senate
File 29 without the Senate amendments, was substituted for
the Carney bill. This was the end of the matter.
The bill never became a law. During the time the Carney
and Early bills were being considered the McNulty bill was
introduced in the House as House File 66.2 It was a very
meager measure, and was entitled "An act to regulate the
holding of primary elections." It merely authorized the
holding of primary elections. The House committee on
elections reported it unfavorably, and it was indefinitely
postponed. Then the Twenty-sixth General Assembly ad-
journed without having placed a single line on the Iowa
statute books whereby primary elections were authorized or
regulated, although three optional measures had been intro-
duced. And at the extra session of the Twenty-sixth Gen-
eral Assembly, held in 1897, no further attempt was made
1 Senate Journal, 26th G. A. of Iowa, session 1896, p. 596.
* House Journal, 26th G. A. of Iowa, session 1896, p. 92.
176 THE IOWA JOURNAL
to pass a primary election measure or even to authorize the
holding of primary elections.
The efforts to secure an optional primary election law, or
any law which would authorize a primary election, which
came to naught in the Twenty -sixth General Assembly, were
revived in the Twenty -seventh General Assembly in 1898.
Senator J. L. Carney, of Marshall County, again introduced
in the Iowa Senate, on January 17, 1898, Senate File 20
which contained in a very much abreviated form the essential
features of the measure he introduced in the Twenty-sixth
General Assembly.1 It authorized the political parties to
adopt the primary election system and provided regulations
therefor. After remaining in the hands of the committee
on elections for some time, it was unfavorably reported.
It was considered by the Senate on March 25th and in-
definitely postponed.
On February 2nd, during the same session, Senator Wil-
liam Eaton, of Sidney, introduced by request Senate File
123, which was "A bill for an act to prohibit illegal voting
at primary elections and caucuses, and providing penalties
therefor."2 On March 23d the committee on elections re-
ported the bill back to the Senate with several amendments,
of which the principal ones related to striking out the word
caucus wherever it appeared in the original bill. The com-
mittee recommended its passage.3 Nothing more was done
with Senate File 123, but in its stead there was taken up
House File 150, which was introduced in the House by Hon.
1 Senate Journal, 27th G. A. of Iowa, session 1898, p. 102.
2 Senate Journal, 27th G. A. of Iowa, session 1898, p. 276.
0 Senate Journal, 27th G. A. of Iowa, session 1898, p. 747.
OF HISTORY AND POLITICS 177
W. L. Eaton of Osage, Iowa, by request. This bill was
reported favorably to the House on February 10th, consid-
ered by the House on February 15th, and lost by a vote of
44 to 50. l The vote by which the bill was lost was recon-
sidered on February 26th and carried by a vote of 50 to 38.
On March 22nd the Eaton bill passed the House by a vote
of 53 to 32. 2 It was reported to the Senate, and after some
minor amendments were added it was passed by a vote of
30 to 6.3 The House concurred in the Senate amendments.
Thus there was adopted the first measure which authorized
primary elections to be held in Iowa and provided certain
penalties. The Eaton bill in the Senate and the W. L.
Eaton bill in the House were identically the same.
The law as it now stands on our statute books as section
4919-a-b-c-d, of the Code Supplement of 1902, merely
authorizes political parties to hold primary elections if they
so desire for the purpose of nominating candidates and for
selecting delegates to conventions, provides some slight
penalties for violating its provisions, allows the political
party judges to administer oaths, and declares that any per-
son testifying falsely thereat shall be guilty of perjury and
punished accordingly. The law plainly states that nothing
shall be construed to apply to conventions held under the
caucus system. The statute is as follows:4
Section 4919 — a. ILLEGAL VOTING — PENALTY. Whenever any
political party shall hold a primary election for the purpose of nom-
1 House Journal, 27th G. A. of Iowa, session 1898, p. 431.
"House Journal, 27th G. A. of Iowa, session 1898, p. 846.
8 Senate Journal, 27th G. A. of Iowa, session 1898, p. 773.
4 Code Supplement, 1902, p. 537.
178 THE IOWA JOURNAL
inating a candidate for any public office or for the purpose of select-
ing delegates to any convention of such party, it shall be unlawful
for any person not a qualified elector, or any qualified elector not at
the time a member in good faith of such political party, to vote
at such primary election. Any person violating the provisions of
this section, and any person knowingly procuring, aiding, or abet-
ting such violation, shall be deemed guilty of a misdemeanor, and
upon conviction shall be fined not to exceed one hundred dollars
or be imprisoned in the county jail not to exceed thirty days.
Section 4919 — b. PRIMA FACIE EVIDENCE. It shall be prima
facie evidence of the violation of the preceding section, for any per-
son who has participated in any primary election of one political
party, to vote at a primary election held by another political party, to
select candidates to be voted for at the same election; or to select
delegates to any convention of the party holding such primary elec-
tion.
Section 4919 — c. AUTHORITY TO ADMINISTER OATHS. Any
judge of such primary election shall have power to administer oaths
to, and to examine under oath any person offering to vote at such
election, touching his qualifications to participate in such primary
election, and it shall be the duty of such judge of election to so
examine or cause to be examined any person challenged as to his
right to vote. Any person testifying falsely as to any material mat-
ter, touching his qualifications to participate in such primary election,
shall be deemed guilty of perjury and punished accordingly.
Section 4919 — d. WHAT EXCEPTED. Nothing in this act shall
be construed to apply to conventions held under the caucus system.
Under the above statute any political party in any county
in Iowa may adopt the primary election system for its own
government and then drop the same whenever it wishes to
do so. It is entirely optional, local, and without regulation
by law whatever except as stated in the foregoing statute.
In the Twenty-eighth General Assembly of Iowa, which
OF HISTORY AND POLITICS 179
met in 1900, there were no primary election measures intro-
duced.
The first compulsory state -wide primary election measure
proposed in Iowa was introduced in the Iowa Senate on
January 21, 1902, during the session of the Twenty-ninth
General Assembly, by James J. Crossley, of the Madison -
Adair district.1 It was Senate File 2 and known as the
Crossley bill. It was introduced in the House on January
22nd during the same session by Mr. Crossley's colleague,
Hon. Robert A. Greene, as House File 8.2 In the Senate
the bill was referred to the committee on elections where
it was allowed to remain. No report of it was ever made
to the Senate, although its friends made repeated efforts to
have it brought out before the Senate. In the House the
Crossley bill was referred to the committee on elections from
which a committee substitute, which contained some slight
modifications of the original bill, was reported favorably
to the House on March 7, 1902.3
The bill was considered by the House on March 19th
when, after a long and heated debate and the addition of
many amendments whereby the measure was made optional
with the counties, was made to apply to municipal elections
in cities of 10,000 population or over, and ijie question of
its adoption was to be voted on at the November election in
1902, it was finally lost by a vote of 48 to 51 against its
adoption.4 This was the first real contest for a direct- vote
1 Senate Journal, 29th G. A. of Iowa, session 1902, p. 68.
2 House Journal, 29th G. A. of Iowa, session 1902, p. 71.
z House Journal, 29th G. A. of Iowa, session 1902, p. 586.
4 House Journal, 29th G. A. of Iowa, session 1902, p. 813.
180 THE IOWA JOURNAL
primary election law in Iowa; and although the advocates
of the system * lost the battle they are inclined to consider
this first struggle as only preparatory to the efforts which
will be put forth by its friends in the future.
The salient feature of the Crossley bill was that it was
compulsory and state -wide. It included the nomination of
all the candidates and delegates by all political parties hav-
ing at least two per cent of the total vote cast at the last
general election; it provided that the primary election for
all parties should be held on the same day, at the same
place, and conducted by the same officials who preside at
the general election in November; and the Australian ballot
system was to be used except that separate tickets for each
political party were to be provided, but they were all to be
cast in the same ballot box and returns made to the county
auditor.
For more detailed examination the bill is herewith given
in full as follows : l
Senate File No. 2 — By Crossley. Elections.
A BILL.
For an act providing for the nomination of officers, and the election
of delegates to conventions of political parties or organizations,
by Primary Election.
Be it Enacted by the General Assembly of the State of Iowa:
Section 1. That in the nomination of candidates for all township,
county, district, and State offices, all political parties shall comply
with the regulations hereinafter provided for a primary election.
Sec. 2. This primary election shall consist of an election by all
1 Committee substitute in House Journal, 29th G. A. of Iowa,
session 1902, p. 586.
OF HISTORY AND POLITICS 181
political parties held on the last Friday in June of each year at the
usual voting places at the several precincts and conducted on the
same plan as the regular ' election held in November, and said pri-
mary election day shall be and constitute a day of registration of
electors for the next ensuing election in all election precincts where
the requirements of the Code in the matter of registration of voters
are applicable, and shall be in addition to the days now provided by
law for the registration of electors in such precincts; but nothing
herein shall be construed to affect the date or time of the subsequent
registration days now provided by law.
Sec. 3. The judges and clerks of said primary election shall be
the same as for the regular election in November, and they shall take
the same oath as is provided for the judges and clerks of the regular
election held in November, and their duties and compensation shall
be the same, and the expenses of said primary election shall be paid
by the county in which the said primary election is held.
Sec. 4. The Australian ballot system as now used in this State,
except as hereinafter provided, shall be used at said primary election
in all precincts, and the polls shall be open from 1 p. m. until 7. p. m.
Sec. 5. All persons who will be entitled to vote in the precinct at
the election held in the following November, shall be entitled to
participate in the primary election (unless challenged, and if chal-
lenged then only in the event that the challenge is determined in
favor of the voter) and shall be entitled forthwith but not later to
receive a ballot of the political party with which he then declares
(under oath if his right thereto is challenged) that he affiliated, and
whose candidates he generally supported at the last general election,
and with which party he proposes to affiliate at the next election;
and the elector voting at said primary election shall be allowed to
vote for candidates for nomination on the ticket of only one political
party, the nominees of which party he will vote for at the general
election the following November; provided, that a first voter shall
not be required to declare his past political affiliation. The endorse-
ment of the judges of election and the fac simile of the county audi-
182 THE IOWA JOURNAL
tor's signature shall appear upon the ballot as provided by law for
the ballots used at the November election. A judge of election shall
instruct the voter that he is to vote for his choice for each officer
using only the ballot of the party with which he affiliates, and that
he must return the ballot folded, that it may be deposited in the bal-
lot box.
Sec. 6. The names of candidates for nomination shall be given to
the county auditor at least 10 days before said primary election day,
when such candidates are to be voted for only within one county, and
the names of candidates for nomination shall be given to the Secre-
tary of State at least 20 days before said primary election day, when
such candidates are to be voted for in the several counties comprising
representative, senatorial, judicial, and congressional districts, and
the names of candidates for nomination shall be given to the Secretary
of State at least 30 days before the said primary election day, when
such candidates are to be voted for in all the counties of the State of
Iowa, in all of which instances said candidate shall by affidavit state
that he is a resident of the county, district, or State in which he is
and will be a bona fide candidate for nomination for said office as
follows:
I, A B , being duly sworn, say that
I reside at Street (city or town)
of county of State of Iowa and am a quali-
fied voter therein, and a (name of party), that I
am a candidate for nomination to the office of to be made
at the primary election of said party to be held on
and hereby request that my name be printed upon the official primary
ballot as provided by law, as a candidate of the party.
(sign here)
Subscribed and sworn (or affirmed) to before me
on this date. . , . 190. .
And it shall be the duty of the Secretary of State to certify to the
auditors of the several counties of said district of the State of Iowa,
OF HISTORY AND POLITICS 183
the names of such candidates at least 10 days before the holding of
said primary election. The candidates for nomination for each and
every political party for tjie several offices shall be printed on separ-
ate and uniform ballots with the name of the political party printed
at the head of such ballot; and no political party shall participate in
any primary election except those having cast at least two per cent
of the total vote cast at the last preceding general election.
Sec. 7. Poll books in the manner provided by law shall be fur-
nished for the primary election board of each precinct and shall con-
tain blank spaces for the names of the candidates of the several
parties for the different offices to be written in, and blank spaces for
the registration by the clerks of the names of the electors voting at
said primary election, and upon the pages provided for the registra-
tion of said voters there shall be ruled commencing at the left hand
side of each page separate columns perpendicularly, and across each
line upon which the name of a voter is to be registered and headed
at the top of said page with the word "Republican," "Democratic,"
"Populist," "Prohibition," "Socialist," etc., to designate the several
parties, the first mentioned to be placed in the first of said columns
and so on in numerical order. It shall be the duty of the clerks of
the primary election when registering the name of a voter to place a
cross thus (X) in the column designating the party ticket which was
given to said voter upon his application for a ticket, and upon the
final canvass of votes by the said board of primary election the num-
ber of ballots of each party taken from the ballot box must corre-
spond with the number of names and crosses in that party's column
upon the poll books.
Sec. 8. Upon the completion of the matters prescribed in the last
section and upon the closing of the polls, the clerks and judges shall
immediately open the ballot boxes at each polling place and proceed
to take therefrom the ballots. Said officers shall count the number
of ballots cast by each party, at the same time bunching the tickets
cast for each party together in separate piles, and shall then fasten
each pile separately by means of a brass clip, or may use any means
184 THE IOWA JOURNAL
that shall effectually fasten each pile together at the top of each
ticket. As soon as the clerks and judges shall have sorted and
fastened together the ballots of each separate party, then they shall
take the tally sheets provided in the poll books and shall count all
the ballots for each party separately until the count is completed,
and shall certify to the number of votes cast for each candidate for
each office upon the ticket of each party. They shall then place the
counted ballots in the box, but in no case shall they separate them
from each other. After all have been counted and certified to by the
clerks and judges they shall seal the returns for all parties in one
envelope, on the outside of which shall be printed or written in per-
pendicular columns the names of the several political parties with the
names of the candidates for the different offices under their respective
party heading, and opposite each candidate's name shall be placed
the number of votes cast for such candidate in such precinct, and at
the bottom the total vote cast by each political party in said pre-
cinct to be returned to the county auditor.
Sec. 9. Returns of the vote cast at said primary election shall be
made to the county auditor, and a certification of the result of said
vote shall be made by the county auditor to the chairman of the
county central committees of the several political parties participating
in said primary election by 1:30 p. m. of the Saturday following the
first Friday in June, and these returns shall be reviewed as to the
result of the vote on their own party candidates by the county cen-
tral committee in open convention hereafter provided for, and those
candidates receiving the highest number of votes shall be declared
the nominees of the party, and in case of a tie vote it shall be decided
by lot drawn by the chairman of the county central committee or by
the chairman of the convention. There shall be conventions of dele-
gates of the different political parties held on Saturday following the
first Friday in June as aforesaid, at an hour and place designated by
the county central committee, the chairman and secretary acting for
them, and said call shall be published in a newspaper in the county
for at least ten days preceding the time of meeting.
OF HISTORY AND POLITICS 185
Sec. 10. Delegates to the county convention shall be voted for in
each voting precinct at the same time the primary election for the
selection of party nominees is made, and these delegates selected
shall attend the county convention of the party for which they are
chosen, where they shall select delegates for the district and State
conventions of their party and transact such other business as may
come before them.
Sec. 11. The selection of delegates to the county convention shall
be made in the following manner: The requisite number of dele-
gates to which each precinct is entitled shall first be determined, and
a like number of blank lines placed on each ballot. The names of
candidates, delegates, and alternates shall all be printed or written
upon the primary election official ballot. The voter while in the
booth shall write or paste on the blank lines provided on the ballot
the requisite number of names of persons of his choice to act as dele-
gates, and the requisite number of persons for delegates receiving the
highest number of votes cast shall constitute the delegates from
such precinct to the county convention, and the requisite number
receiving the next highest number of votes shall constitute the
alternates. In case of a tie vote on any delegate or delegates, the
matter shall be decided by lot to be cast then and there as the primary
election board may determine.
Sec. 12. The delegates to the county convention, therein assem-
bled, shall select delegates to the various district and State conven-
tions, to the number of which they are entitled, in such manner as
said convention may determine. And the delegates selected to the
several district and State conventions shall, when in attendance upon
said conventions, make nominations for the various district and State
offices, and transact such other business as may legally come before
them.
Sec. 13. Candidates for nomination to State offices shall pay into
the hands of the Secretary of State at the time of filing their affidavits
of candidacy the sum of $100.00, and candidates for nomination for
district offices at such time a sum equivelent to $10.00 for each county
186 THE IOWA JOURNAL
before whose electors they are candidates, and if to be voted for in
only one county $10.00 to the county auditor thereof, a receipt for
which will be given them; and the county auditor shall place their
names upon the primary election ballot of their party as hereinbefore
provided; provided, however, that the candidates of no political
party having cast at least 10 per cent of the total vote cast at the
preceding general election shall be placed on the official ballot in the
November election following, by petition, but said candidates must
stand for nomination at the primary election held in June.
Sec. 14. The Secretary of State and county auditor shall number
the affidavits provided for in Section 6 of this act and file them,
in numerical order, as received, and the names of candidates for the
same office shall be placed on the ballot in the same numerical order.
In case of fees paid to the Secretary of State as aforesaid, he shall
immediately after the last day for filing affidavits of candidacy,
and at the time of certifying such candidacies to the county audi-
tors as provided for in section 6 of this act, divide the amounts
of the fees of candidates paid to him equally between the counties
before whose electors they are candidates for nomination, and issue
warrants for said amounts to the State Treasurer, who will remit and
pay the same at once to the treasurers of said counties respectively.
Sec. 15. All acts and sections of the Code in conflict herewith are
hereby repealed.
Sec. 16. Nothing in this act shall be construed as amending or
changing in any way the manner of certification of nominations to
the county auditors and Secretary of State, or of the placing of the
names of said nominees on the official ballot for the November elec-
tion.
Sec. 17. This act shall take effect and be in force from and after
its publication in the Iowa State Register, and the Des Moines
Leader, newspapers published in Des Moines, Iowa.
The above measure was endorsed by the Polk County
Republican committee in the spring of 1902, and by the
OF HISTORY AND POLITICS
187
Kepublican congressional convention of the seventh dis-
trict, which met at Perry on July 10th of the same year;
but it was turned down by the committee on resolutions at
the Eepublican State convention which met at Des Moines
on July 30, 1902.
That there is a general and voluntary movement through-
out the State of Iowa in favor of the enactment of some
kind of a primary election law is evidenced by the fact that
there are 36 counties of the 99 in the State where one or the
other of the two leading political parties have adopted a sys-
tem of primary election rules under which they nominate their
candidates for the township, county, and legislative offices,
and elect delegates to the county convention.1
The following table is interesting as it shows the system
of nominations used in each county in the State of Iowa, the
parties using the same, and the party which has a plurality
in the county:
COUNTY
ADAIR
ADAMS
ALLAMAKEE
APPANOOSE
AUDUBON
BENTON
BLACK HAWK
BOONE
BREMER
BUCHANAN
SYSTEM OF NOMI-
NATIONS USED IN
1902 BY REPUB-
LICANS
Primary Election
Caucus and Con.
SYSTEM OF NOMI-
NATIONS USED IN
1902 BY DEMO-
CRATS
Caucus and Con.
Primary Election
Caucus and Con.
PARTY -
PLURAL-
ITY IN
1902
750 R
576 "
591 "
756 "
598 "
928 "
1535 "
1556 "
196 D
622 R
1 Special correspondence with all the County Auditors of Iowa.
2 From official vote received at Secretary of State's office, Novem-
ber, 1902.
188
THE IOWA JOURNAL
BUENA VISTA
BUTLER
CALHOUN
CARROLL
CASS
CEDAR
CERRO GORDO
CHEROKEE
CHICKASAW
CLARKE
CLAY
CLAYTON
CLINTON
CRAWFORD
DALLAS
DAVIS
DECATUR
DELAWARE
DES MOINES
DICKINSON
DUBUQUE
EMMET
FAYETTE
FLOYD
FRANKLIN
FREMONT
GREENE
GRUNDY
GUTHRIE
HAMILTON
HANCOCK
HARDIN
HARRISON
HENRY
HOWARD
HUMBOLDT
IDA
IOWA
JACKSON
JASPER
Primary Election
Caucus and Con.
Primary Election
Caucus and Con.
Primary Election
a tt
Caucus and Con.
a a a
a a tt
Primary Election
Caucus and Con.
a a n
Primary Election
Caucus and Con.
Primary Election
Caucus and Con.
Primary Election
Caucus and Con.
a tt n
Primary Election
Caucus and Con.
Primary Election
a a
Caucus and Con.
Primary Election
Caucus and Con.
a a
a a
a tt
Caucus
and
Con.
1164
R
tt
a
a
1308
a
a
a
n
1109
i t
Primary Election
Caucus and Con.
260
1068
D
R
a
a
a
403
a
n
a
a
1179
a
tt
a
tt
957
tt
a
1 1
i t
237
D
tt
a
1 1
584
R
tt
1 1
a
991
tt
i t
tt
a
115
n
a
a
tt
208
D
tt
it
a
200
tt
ti
a
a
1424
R
Primary Election
a a
206
569
D
R
Caucus
and
Con.
902
1 1
1 1
t i
1 1
210
D
1 1
1 1
a
1001
R
1 1
1 1
it
1488
D
ti
a
1 1
893
R
t i
a
tt
1195
tt
ti
tt
1 1
1189
a
1 1
tt
1 1
1244
i t
a
t i.
it
83
a
t i
1 1
1 1
1196
i t
i t
1 1
1 1
669
1 1
1 t
1 1
1 1
993
1 1
a
1 1
1 1
1492
a
i t
a
tt
1176
n
a
a
it
1688
tt
tt
a
1 1
808
a
a
tt
1 1
798
tt
a
1 1
tt
443
n
tt
t i
1 1
897
a
1 1
1 1
1 1
169
1 1
a
1 1
1 1
126
a
a
a
a
129
a
tt
1 1
it
992
a
OF HISTORY AND POLITICS
Caucus and Con.
JEFFERSON
Caucus and Con.
JOHNSON
a a it
JONES
tt a a
KEOKUK
a it tt
KOSSUTH
tt tt tt
LEE
tt tt tt
LINN
tt tt it
LOUISA
LUCAS
Primary Election
tt tt
LYON
Caucus and Con.
MADISON
MAHASKA
Primary Election
Caucus and Con.
MARION
tt tt tt
MAE SHALL
MILLS
Primary Election
Caucus and Con.
MITCHELL
tt tt n
MONONA
tt tt tt
MONROE
tt tt tt
MONTGOMERY
MUSCATINE
Primary Election
Caucus and Con.
O'BRIEN
tt tt tt
OSCEOLA
tt tt tt
PAGE
PALO ALTO
Primary Election
Caucus and Con.
PLYMOUTH
tt tt tt
POCAHONTAS
tt tt tt
POLK
POTTAWATTAMIE
Primary Election
tt tt
POWESHIEK
tt tt
RlNGGOLD
tt tt
SAC
tt tt
SCOTT
Caucus and Con.
SHELBY
a tt tt
Sioux
tt tt tt
STORY
TAMA
Primary Election
Caucus and Con.
TAYLOR
tt tt tt
UNION
tt n tt
VAN BUREN
tt tt tt
WAPELLO
tt tt n
tt
tt
tt
tt
tt
tt
tt
It
it
tt
tt
tt
tt
tt
tt
tt
tt
It
tt
tt
it
tt
tt
1 1
tt
tt
It
tt
1 1
tt
tt
tt
tt
tt
tt
tt
tl
tt
tt
tt
tt
tt
tt
tt
tt
tt
1 1
It
tt
tt
tt
u
tt
tt
1 1
tt
tt
tt
1 1
tt
1 1
tt
tt
it
1 1
tt
1 1
it
tt
189
696 R
502 "
504 "
209 "
224 "
509 D
1807 R
925 "
715 "
348 "
1069 "
636 «
306 "
1909 "
643 "
954 "
632 "
639 "
1266 «
666 "
830 "
232 "
1626 "
436 "
341 "
698 "
5434 "
1230 "
1148 "
1003 "
910 "
182 "
214 "
1078 "
1998 "
271 "
902 "
514 "
604 "
606 "
190 THE IOWA JOURNAL
WARREN Primary Election Caucus and Con. 1265 R
WASHINGTON Caucus and Con. " " " 716 "
WAYNE " " " " " " 393 "
WEBSTER " " " " " " 1409 "
WINNEBAGO Primary Election " " " 1380"
WINNESHIEK Caucus and Con. " " " 1386 "
WOODBURY " " " " " " 1777 "
WORTH Primary Election " " " 977 "
WRIGHT " " " " " 1858 "
Of all the counties in the above list, where one or the
other of the leading political parties makes its nominations
under some system of primary election rules, I find no two
that have rules exactly alike; and yet there is a mark of
similarity among them all. The same is true of the several
States. There are as many kinds of primary election laws
as there are States which have adopted the same.
The various leading systems are as follows: — (1) The
system by which the primary election is placed entirely in
the hands of the political party. (2) The optional plan,
whereby the political party or the county may adopt the
primary election system of nominations if desired. (3)
The compulsory system, where the political parties of the
State, or subdivisions of the State, are by law required to use
the primary election system. (4) The state- wide system,
where the system adopted by the political party, or made a
law by the State for all parties, is universal and applicable
everywhere throughout the State. (5) The local system,
where one of the local political parties has adopted the pri-
mary election system of nomination or the State legislature
has passed a law applicable only to that particular county
or city. Of these systems, many now on the statute
books of the various States are dead letters. Among the
OF HISTORY AND POLITICS 191
States that Have real, not formal, primary election laws in
force may be mentioned, Minnesota, California, Kentucky,
and New York. And of all the States, Minnesota has by
far the best system and the most satisfactory plan in use
today.
The essential elements of a good primary election law or
system seem to be embodied in the following: (1) It
must be compulsory for all political parties. ( 2 ) It must be
state-wide. (3) It must provide that the primary election
of all parties be held on the same day, at the same place,
and that the same ballot box be used. ( 4 ) It should pro-
vide for the use of the Australian ballot system, except that
tickets for the different political parties should be separate.
(5) A record should be kept at the general election in No-
vember and the party affiliation of each voter should be
recorded therein by the judges and clerks of said election.
(6) The same officers who conduct the general election
should have charge of the primary election, and they should
receive the same compensation per diem. ( 7 ) The expenses
of the primary election should be paid by the State or coun-
ty, so that no undue advantage may be given to any one
political party over another. The Minnesota law complies
more nearly with these requirements than does any other
law for the regulation of primary elections in the United
States. The nominations made under the Minnesota law in
the year 1902 seem to have given almost universal satisfac-
tion.
Wherever one political party is largely in the majority, or
has a safe plurality, there the contest for office is sure to be
made at the time of the nomination of candidates for that
192 THE IOWA JOURNAL
party. In the North, this contest for office occurs at the
time of the nomination of the Kepublican candidates; while
in the South it appears at the time when the Democratic
nominations are made. Some plan is now being demanded
by the people whereby they, and not the political bosses,
shall be permitted to name the candidates by a direct vote
at a primary election regulated and controlled by the State.
Legislation along this line in the different States during the
next ten years is looked forward to with much interest for
it involves the determination of a political question of great
importance to the people who desire good government.
JAMES JUDSON CKOSSLEY
WlNTEKSET, IOWA
THE LEAGUE OF IOWA MUNICIPALITIES
The last decade has witnessed the organization of many
voluntary associations which have for their objects and pur-
poses the general betterment of municipal administration.
Indeed, so pronounced is this renewed activity in municipal
affairs that the decade has been called our " Civic Renais-
sance." The most conspicuous of these voluntary associa-
tions have originated and flourished in our large cities whose
municipal misrule has been the chief reproach upon our free
institutions. These organizations have been local in opera-
tion, though wielding a large influence abroad. They have
sought and are still endeavoring to reclaim their respective
cities from the control of corrupt and unscrupulous politi-
cians. Such organizations as the Municipal League of Phil-
adelphia, the City Club of New York, the Baltimore Reform
League, the Civic Federation of Chicago, and the Good
Government Club of San Francisco represent the highest
development of civic spirit in America. Represented as
they all are in the National Municipal League, they have a
common ground upon which to meet and engage in profit-
able discussion and comparison of municipal legislation and
methods of reform. Their peculiar problems, while per-
haps the most conspicuous of municipal life in the United
States, are not the problems with which the ordinary munici-
pality is concerned; for, according to the census returns for
1900 there are but 160 cities in the United States having
194 THE IOWA JOURNAL
a population of 25,000 or over, being an average of not
more than three such cities for each State and Territory in
the Union.
On examining the census returns for Iowa it is found that
there is but one city in the State having a population of
over 50,000; three have a population of over 30,000, but
not exceeding 40,000; two have a population of over 25,000,
but not exceeding 30,000; two have a population of over
20,000, but not exceeding 25,000; one has a population of
over 15,000, but not exceeding 20,000; five have a popula-
tion of over 10,000, but not exceeding 15,000; while ten
have a population of over 5,000, but not exceeding 10,000.
There are, therefore, in the State of Iowa twenty-four cities
which have a population of 5,000 or over. At the same
time there remain 632 towns and cities with a population of
less than 5,000; and most of these have a population of less
than 2,000.
That the problems of the cities of Iowa are not the same
as those of New York, Philadelphia, Chicago, St. Louis,
Boston, Baltimore, and San Francisco is a proposition too
obvious to be controverted. This fact, moreover, forced
itself upon the attention of the Iowa delegates who were
attending the convention of the National Association which
was held at Detroit, Michigan, in August, 1898. They
realized that the cities of Iowa represented in the conven-
tion of the League of American Municipalities could profit
but little from the discussions in the National Association.
The need of an organization in which the city officials of the
State of Iowa could meet and discuss problems and ques-
tions of municipal administration on the common footing of
OF HISTORY AND POLITICS 195
the law of Iowa seemed imperative. In fact the laws of
of this State relative to municipalities were sorely in need
of revision which concerted action alone could accomplish.
Thus there was in the minds of the Iowa delegates at the
Detroit convention a common interest, with definite ends to
attain, which convinced them of the utility of a State organ-
ization representing the municipal interests of Iowa.
Immediately upon his return from Detroit, Mr. Frank G.
Pierce, Mayor of Marshalltown, interested members of the
council of that city in the project of a State organization to
such an extent that on August 24, 1898, the council adopted
a resolution favoring such an organization and requesting
the Mayor to call a meeting of the municipal officials of
Iowa. This resolution was immediately forwarded to each
member of the Iowa delegations to Detroit; and on August
30, 1898, the Detroit delegation issued the following call
for a meeting to be held in Marshalltown, a copy of which
call was sent to the Mayor of every city in the State to be
submitted to the city council:
To all City Officials of Iowa :
The representatives of the five cities that were represented at the
second annual convention of the League of American Municipalities
held at Detroit, Mich. , during the first days of August, were all of
the opinion that it would be of great benefit to their cities and to all
other cities in the State if a State association of municipal officials
were formed in Iowa. There are many reasons why such an associa-
tion would be of great benefit to Iowa municipalities, and the cities
and towns through such an organization could obtain much needed
legislation. The interchange of ideas and experiences would be of
great assistance to all. Practical questions of interest to every
196 THE IOWA JOURNAL
municipality in Iowa could be discussed and the cities would receive
the benefits of such discussions.
In view of these facts, it was deemed advisable to call a meeting
this fall for the formation of a State association, and Marshalltown,
on account of owning its waterworks and electric lighting plant, was
selected as the place of meeting. The City Council of Marshalltown
at the first meeting after the National Convention passed the follow-
ing resolution:
WHEREAS — It has been demonstrated by the second annual con-
vention of the League of American Municipalities held in Detroit,
that the interests of Iowa cities will be promoted by having a State
meeting, therefore be it
RESOLVED — By the City Council of the City of Marshalltown,
Iowa, that the Mayor of the City be requested to call a meeting of
the City Officials in Iowa, with a view to taking such steps as they
may deem proper and necessary to further promote good government
in the municipalities of Iowa, the time for the meeting to be arranged
by the Mayor.
Pursuant to this resolution, the dates of October 12th and 13th
were selected for the meeting. A cordial invitation is extended to
every City and Town in Iowa to send delegates to this meeting.
Every municipality is invited to send as many delegates as it desires,
and we trust that every municipality will be represented.
(Signed) J. MACVICAR, Mayor of Des Moines.
F. K. STEBBINS, Mayor of Iowa City.
E. B. FULLIAM, Mayor of Muscatine.
J. M. REDMOND, Mayor of Cedar Rapids.
FRANK G. PIERCE, Mayor of Marshalltown.
In reply to this invitation representatives from twenty-
three Iowa cities met at Marshalltown on October 12, 1898.
Although a program of able addresses on topics of special
interest to municipal officials had been arranged, the chief
object to be accomplished at this meeting was organization.
OF HISTORY AND POLITICS 197
Accordingly the delegates present drafted and adopted a
constitution which has been amended but once.1
The objects and purposes of the League as set forth in
the constitution are: uTo disseminate information and
experience upon, and promote the best methods to be
employed in the management of municipal departments and
in the construction of municipal works, by means of annual
conventions, the reading and discussion of papers on munici-
pal subjects, and by social and friendly intercourse at such
conventions, and to circulate among its members, by means
of an annual publication, the information thus obtained."
In furtherance of these objects, the fourth section of
article IV" declares that there shall be appointed annually
the following standing committees, which in a way may be
taken to represent what the League considers to be the
problems of municipal administration in Iowa:
1. Street Paving.
2. Electric Street Lighting.
3. Sewerage and Sanitation.
4. Water Works and Water Supply.
5. Taxation and Assessment.
6. City Government and Legislation.
7. Disposition of Garbage and Street Cleaning.
8. Review.
9. Municipal Franchises.
10. Municipal Book-keeping.
1 Article III, Sec. 1, provided that "The annual dues for each
municipality shall be one dollar for every two thousand inhabitants
or fraction thereof." This was amended at the fifth annual conven-
tion so as to read: "one dollar for each one thousand inhabitants or
fraction thereof."
198 THE IOWA JOURNAL
Some writers on municipal affairs speak of paving, street
lighting, the establishment of water plants, and sewerage
systems as the problems with which the "old municipal
administration" dealt; while the new phase of municipal
administration deals with every question which directly or
indirectly affects the life of the people. This is undoubtedly
true of our larger cities; but it is in no sense true of the
hundreds of smaller cities having a population between
5,000 and 10,000 inhabitants in the Middle West.
In many of these western towns and cities the pioneers
have not yet disappeared. In Iowa there are gray haired
men who remember when corn stalks shook their tassels
over many a place now comprised within the limits of a
wide-awake municipality. In all of these prairie cities, whose
growth is a source of wonderment even to ourselves, there
has been no surplus population to employ in municipal
works. In most of them the public revenues available have
not been large; and municipal improvements have generally
met with much opposition from that innate aversion to in-
creased taxation. In most of them some provision has been
made for street lighting. Sometimes it is only the abomin-
able kerosene lamp mounted at the street corners which
lights the town; but these are better than nothing, where
darkness serves as a propagator of vice and crime. A well
lighted city is one of the best means of protecting persons
and property. The last decade has witnessed an extensive
installation of electric lighting plants in the smaller towns.
In some of the eastern States the public highways are now
being lighted.
Throughout the Middle West the demand for fire protec-
OF HISTORY AND POLITICS 199
tion has stimulated the building of water systems long be-
fore the chemical analysis of the water supplied was a mat-
ter of any concern. During the last two decades nearly
every town in Iowa, having a population of 1,000, has
erected a water works plant.
As population has become more dense in proportion to
the city area, sewerage, sanitation, and paving have become
the vital problems of our municipal administration. The
cost of such improvements, however, are largely a direct
tax on the individuals benefited, and are, accordingly, often
met with violent opposition — frequently from those most
able to pay.
The most conspicuous feature of the United States popu-
lation statistics in the last two decades has been the enormous
increase in the urban population. This has greatly increased
the importance of the problem of sewage disposal. To
have conducted the city's sewage to the nearest stream was
a great triumph of progress over municipal obstructionists;
but it soon raised another problem unlooked for at the out-
set. The disposal of sewage by turning it into some run-
ning stream is the method employed in nearly all our large
cities. This is in fact the most common method employed.
Nor can it be seriously objected to where the volume of
water is great enough to form a natural drainage without at
the same time endangering by pollution the water supply
of other cities and towns located on the same water way.
In Iowa, however, there are no large streams, with the
exception of our great border rivers, which may be used
with safety for sewage disposal by all the cities and towns
located along their banks without serious menace to the pub-
200 THE IOWA JOURNAL
lie welfare. It is moreover interesting to note that Iowa
cities, dependent upon streams for their water supply, have
appealed to the courts to prevent the pollution of water by
the cities above. Marion, Marshalltown, and Grinnell
yielded to the injunction and erected sewage disposal plants.
These cities are, however, only the pioneers in the field.
The next decade should see many other Iowa cities follow-
ing in their footsteps.
Since the question of sewage disposal was thus first raised
in Iowa, the League of Iowa Municipalities has been the
means of disseminating the most accurate information upon
this important problem. Expert sanitary engineers have
addressed the League in convention upon this subject or
prepared valuable papers for its official publication — the
Midland Municipalities. No effort has been spared by the
League to acquaint the officials of Iowa municipalities with
the best methods of sewage disposal and with estimates of
the cost of the construction and maintenance of plants.
In addition to disseminating information regarding the
construction and maintenance of public works, the League
of Iowa Municipalities has represented an organized effort in
the State for the securing of better municipal legislation —
legislation in harmony with the general experience and
meeting the real needs of Iowa municipalities.
At the second annual convention of the League, which was
held in October, 1899, the committee on city governments
and legislation reported that they had worked in conjunc-
tion with the State Association of City Solicitors and that
they had incorporated into drafts of bills suggestions and
recommendations for various amendments and additions to
OF HISTORY AND POLITICS 201
the Code relative to municipal corporations. These bills —
fifteen in all — were presented to the T wen ty - eighth Gen-
eral Assembly; and the members of the committee of the
League appeared several times before the House and Senate
committees to urge their passage. Only four of the pro-
posed bills, however, were passed by the Twenty -eighth
General Assembly.
Section 1306 of the Code, limiting the amount of revenue
to be raised in any city, was repealed upon the request of the
League. This section provided that if after the year 1897
the assessed valuation of any city should increase, the per
cent of levy should be proportionately decreased so that the
gross amount of revenue raised should not be greater than
was raised in the year 1897. This was held by the League
to work an injustice upon any city or town wherein rapid
growth increased the valuation of the property above what
it was in 1897 without at the same time permitting the city
or town to collect a proportionate increased revenue to meet
the increased needs of the municipality attendant upon such
growth.
Section 742 of the Code was amended so as to permit the
loan of the water works fund at three per cent interest.
According to the provisions of the original section cities
could not loan out their water works fund at less than four
per cent. It was urged that at the current rates of interest
this could not be done.
Section 744 was amended so as to permit the construction
of temporary sidewalks of brick or stone within the limits
of the cost fixed by the Code for plank walks.
Chapters seven and eight of title five of the Code were
202 THE IOWA JOURNAL
amended so as to make the special assessment laws conform
to the rule laid down by the United States Supreme Court
in the case of Norwood vs. Baker .^ This, however, was
not passed as recommended by the committee of the League.
A substitute was enacted as a temporary expedient, and the
subject of permanent legislation was referred to a committee
to report to the Twenty -ninth General Assembly.
All these measures were urged with such force by the
committee of the League of Iowa Municipalities that an act
was passed creating a Municipal Code Committee, composed
of three members from each House, to be appointed by the
President of the Senate and the Speaker of the House re-
spectively, to "carefully revise and codify all the special
assessment laws, and such other laws in relation to the gov-
ernment of municipal corporations, as may be by the com-
mittee deemed necessary and expedient, and recommend
such changes therein as may be desirable."2
At the third annual convention of the League the com-
mittee on city government and legislation reported on what
had been accomplished at the last preceding session of the
General Assembly, as indicated above, and urged that an
effort be made to secure favorable action by the Municipal
Code Committee on the proposed measures which had not
been passed. Furthermore, the committee from the League
of Iowa Municipalities met in joint session with the com-
mittee of the State Bar Association and urged them to
recommend similar legislation to the committee appointed
^Ya U. S. 169.
2 Chapter 176 of the Laws of the Twenty -eighth General Assembly.
OF HISTORY AND POLITICS 203
by the Twenty -eighth General Assembly to revise the
municipal laws of Iowa.
The committee of the League met afterwards in Daven-
port and formulated thirteen definite recommendations as to
changes deemed desirable in the municipal law. These
recommendations were printed unsigned in the June, 1901,
number of the Midland Municipalities and presented as a
preliminary report to the fourth annual convention of the
League in October of the same year. This report was thor-
oughly discussed by the convention and some amendments
and additions were made to it. The most important of
these was the recommendation to the General Assembly that
an institution for the reformation and restraint of confirmed
inebriates be established in this State. The final report of
the committee on legislation as adopted by the convention
contained sixteen definite recommendations as proposed
amendments or additions to that part of the Code relating
to municipal corporations.
The State Legislature being in session in January, 1902,
a special meeting of the League of Iowa Municipalities was
called for January 22, 1902, for the consideration of pro-
posed changes in the Iowa laws relating to municipalities.
The recommendations adopted at the fourth annual conven-
tion were again read and some amendments and additions
to that report were made and adopted. A motion was also
made and carried instructing the committee on legislation to
use all honorable means to secure the enactment of the
recommendations of the League into law, and authorizing
them to use their discretion in urging any particular measure
contained in the recommendations of the League. It was
204 THE IOWA JOURNAL
left to the committee to decide upon what should be espe-
cially urged upon the attention of the General Assembly.
All of the proposed measures Were presented to the
Municipal Code Committee, and most of them received fav-
orable action from that committee. Some were passed by
the General Assembly. And it is a fact, moreover, that
very few changes in the municipal law not recommended by
the League were made. The most important changes and
additions made in the municipal law of Iowa by the
Twenty -ninth General Assembly as urged by the League
were :—
First. An act making the Mayor in cities of the second
class merely a presiding officer as in cities of the first class.
Much doubt and confusion had arisen as to whether the
Mayor was to be considered as a member of the council in
cities of the second class, in deciding what constituted a
majority or three-fourths vote. The Supreme Court of the
State had decided that the Mayor was to be considered as a
member of the council; but since much city legislation had
been enacted on the supposition that he was not a member
it was deemed necessary to pass a legalizing act and bring
the various sections of the Code into harmony.
Second. The law was so amended as to permit cities to
issue bonds on water works in order to secure funds with
which to make necessary improvements on the plant. It
had been the experience of Muscatine that, having purchased
a rundown water plant, the city was without authority to
raise money with which to improve or extend it.
Third. A law making clear the provisions for quaran-
tine. In the absence of any Code provision giving munici-
OF HISTORY AND POLITICS 205
palities the right to levy a tax for health purposes, it was
generally held by city officials that all quarantine expenses
should be paid by the county. This matter was cleared up
by chapter 105 of the laws of the Twenty -ninth General
Assembly, which directs that all bills for quarantine, for
building and maintaining of pest houses or detention hos-
pitals, and for the care of infected persons, etc. , are to be
paid by the county, when such bills are certified to by the
local board of health; and the county must reimburse itself
by levying a tax upon the township, town or city at the
time of the levy of taxes for general purposes, to cover the
amounts so paid out.
Fourth. An important act was passed, in accordance
with the recommendations of the League, to the effect that
an institution be established for the detention and cure of
confirmed inebriates. Every city has its habitual drunkards;
and it was hoped that this law would help in solving the
problem of what to do with them.
The League committee on legislation reported at the fifth
annual convention on these and some other minor acts passed
by the Twenty - ninth General Assembly ; but in view of the
fact that the next annual convention would meet before the
next General Assembly no suggestions or recommendations
for future amendments or additions to the municipal laws of
the State were made.
The League of Iowa Municipalities is now in the fifth
year of its organization. The attendance at its annual
conventions, which are regularly held in October, has
shown a healthful growth of interest in its work among
the municipal officials of Iowa. A unique provision in
206 THE IOWA JOURNAL
the constitution of the League makes the President in-
eligible for immediate reelection except by unanimous
vote. As yet no President has been reflected. The first
meeting of the League, as already stated, was held at Mar-
shalltown in October, 1898. Mr. F. G. Pierce, Mayor of
that city, called the meeting to order. He was recognized
as the moving spirit in the formation of the new organiza-
tion and was elected to preside over its first meeting. Be-
fore the close of this meeting, Mr. John Mac Vicar, Mayor
of Des Moines, was elected to preside at the second annual
convention, and his own city was selected as the place of
meeting. At the Des Moines meeting Mr. John M. Red-
mond, Mayor of Cedar Rapids, was elected President for the
third annual convention, and Mason City was selected as the
place of meeting. The fourth annual meeting convened at
Oskaloosa, in 1901, with Mr. F. K. Stebbins, Mayor of Iowa
City, in the chair. The fifth meeting of the League was
held at Iowa City, in 1902, with Mr. W. H. Wray,
Mayor of Oskaloosa, as the presiding officer. The next
annual meeting will be held at Waterloo, in 1903, on "the
second Wednesday in October," as prescribed in the consti-
tution. Mr. J. A. Walter of McGregor will preside.
Mr. F. G. Pierce of Marshalltown has been the faithful
and efficient Secretary and Treasurer of the League since its
first meeting. To his energy is to be credited the develop-
ment of the reports and proceedings of the annual conven-
tions into the present organ of the League — the Midland
Municipalities. This journal has been published monthly
since October, 1900. It is devoted to the municipal prob-
lems and interests of the Middle West and of Iowa in par-
OF HISTORY AND POLITICS 207
ticular. It aims to acquaint the city officials of Iowa with
the municipal works and improvements contemplated or
under construction within the State, together with the cost
of the same. It acquaints the municipal officials of Iowa
with the decisions of our courts relative to the powers and
duties of municipalities under Iowa law. It fosters a health-
ful rivalry among the cities of Iowa to excel in beautifying
and improving their local surroundings.
The League of Iowa Municipalities is yet in its infancy;
and one cannot predict with certainty as to what its future
influence in the State will be. It has, however, already
made itself felt. It has a promising future because it has a
virgin soil: rich with possibilities in which to work. It
must stand for high ideals in government and administration.
It must educate the people in the belief that municipal self-
government, to be successful, must be conducted on business
principles, and that such government can best be promoted
by the absolute separation of municipal affairs from State
and national politics.
The League of Iowa Municipalities constitutes a college
for municipal officials. And where as in our municipalities
rotation in office is the rule, this educational function and
influence of the League must increase rather than decrease.
To quote from the address delivered by the Honorable F.
K. Stebbins at the fourth annual convention: — u Until such
time as every official in Iowa knows the cost of producing
an electric light of a given candle power, the cost of making
and conducting through the pipes one thousand feet of gas,
the cost of furnishing one hundred thousand gallons of
water, the cost of operating a street car line, there will be a
208 THE IOWA JOURNAL
legitimate demand for organizations like the League of Iowa
Municipalities."
The League of Iowa Municipalities stands for the develop-
ment of that civic spirit which awakens the ordinary egoistic
citizen from his lethargy of indifference in municipal affairs
to a realization of true social self-consciousness — to a con-
sciousness that his home is not bounded by the pickets of
his own fence. He will be made to realize that he has a
municipal home which demands his care and attention.
With the growth of this spirit voluntary associations for
municipal improvement are no longer looked upon as a cen-
sure upon the municipal administration. Street improve-
ment, park, charitable, and other associations must supple-
ment the various departments of city administration, since a
large part of the activity which goes to make up good
municipal government is not and can not be provided for by
law.
The League of Iowa Municipalities is thoroughly Ameri-
can. It has created an interest in good government from
within, where there was indifference without. It has created
a fraternal spirit among that great body of officials who
administer our local government. It has bound the munici-
pal interests of Iowa into one united whole. The League
of Iowa Municipalities is a monument to the sagacity of
those public spirited men to whom it owes its organization
and success.
FRANK EDWARD HORACK
THE STATE UNIVERSITY OF IOWA
IOWA CITY
THE HAMPTON ROADS CONFERENCE
On May 7, 1902, in the Senate of the United States, Sen-
ator Tillman of South Carolina took occasion to refer to the
Hampton Roads Conference of 1865. And for the purpose
of showing, as he supposed, the willingness of President
Lincoln to end the war on almost any terms, Senator Till-
man undertook to state what was demanded and what
occurred at that Conference. He said:
The claim on the part of the North was, "Restore the Union; give
us the Union;" and Alexander Stephens was told by Abraham
Lincoln at the Hampton Roads conference to take a blank sheet of
paper and write, "Save the Union;" and President Lincoln said,
"Aleck, you fill out the balance, and I will agree to it."1
This statement by Senator Tillman is in substance a repe-
tition of the story of the celebrated Conference which has
gained some currency in recent years, having been used by
no less a person than Mr. Henry Watterson in a public lec-
ture on Abraham Lincoln. Mr. Watterson was corrected,
however, by Hon. John H. Reagan, who at the time of the
Conference was a member of the cabinet of the Confederate
States.
On the day following the statement made by Senator
Tillman, Senator Vest arose in the Senate and observed that,
while he did not desire to participate in the debate then
going on, he felt compelled "in justice to both the living
1 Congressional Record, 57th Cong., 1st Sess., Vol. xxxv, p. 5100.
210 THE IOWA JOURNAL
and the dead" to notice the " remarkable assertion" made
by Senator Tillman. Senator Vest then said:
Mr. President, I know personally, without having been present at
that celebrated interview, that the incident is without the slighest
foundation. If true, it would place the Government and officers of
the Confederate States in the category of criminals, because, if true,
the Confederacy was offered all that it ever demanded in the wildest
hopes of the most extreme partisan of that war, if they would only
return to the Union .... I happen to know from the lips of two of
the commissioners, Alexander H. Stephens and R. M. T. Hunter,
that no such incident ever occurred between the representatives of
the United States and of the Confederate States at Hampton Roads. l
Senator Vest said that he had further knowledge of the
facts, having heard the "official report" made by the com-
missioners after their return to Richmond. From these
sources of information Senator Vest related what occurred
as follows:
When the commissioners, if I may so term the President and the
Secretary of State of the United States, met the commissioners of the
Confederacy, Mr. Lincoln, addressing himself to R. M. T. Hunter,
whom he knew very well, said, "In the first place, gentlemen, I
desire to know what are your powers and instructions from the Rich-
mond Government?" avoiding, as Mr. Hunter told me himself, the
words "Confederate States," but terming the Government that of
the Richmond Government. Mr. Hunter, to whom the inquiry was
addressed, said, "Mr. President, we are instructed to consider no
proposition that does not involve the independence of the Confed-
erate States of America." "Then," said Mr. Lincoln, "the inter-
view had as well terminate now, for I must say to you gentlemen
frankly and honestly that nothing will be accepted from the Govern-
ment at Richmond except absolute and unconditional surrender/' 2
1 Congressional Record, 57th Cong., 1st Sess., Vol. xxxv, p. 5160.
2 Ibid, p. 5160.
OF HISTORY AND POLITICS 211
In case these terms were accepted, President Lincoln fur-
ther said (according to Senator Vest) that "the largest
executive clemency " would be extended to "the leaders and
generals of the Government at Richmond." uThis termi-
nated the interview," says Senator Vest; but, "as the com-
missioners of the Confederacy retired from the chamber,
Mr. Lincoln, addressing Stephens, said : ' Stephens, you are
making a great mistake. Your Government is a failure,
and when the crash comes, as it soon must come, there will
be chaos, and disasters which we cannot now foresee must
come to your people.' " 1
The account thus given, Senator Vest avers with the
utmost assurance, is "substantially and almost word for
word" as it came to him from the two commissioners named.
Furthermore, he adds that "to put this matter beyond all
sort of dispute, Judge Campbell .... took down in pencil at
the interview, word for word, what passed between the
commissioners;" and this "account in writing was exhibited
to many of his [Campbell's] friends in the city of Rich-
mond." Senator Vest says that he himself was told the
story by a gentleman who had seen the written report,
which was " almost exactly" as he had tried to relate it.
He closed his remarks to the Senate as follows:
I do not want this statement, which I have no doubt the Senator
from South Carolina believes to be true, to go into the records of
this country without my statement of these facts and my solemn
denial that there is the shadow of truth in this assertion which has
been going the rounds of the newspapers of the country for the last
few years. z
Congressional Record, 57th Cong., 1st Sess., Vol. xxxv, p. 5160.
d, p. 5160.
212 THE IOWA JOURNAL
Senator Vest has done a distinct service to the truth of
history in thus publicly and in such a conspicuous manner
denying the popular story as to what occurred at the Hamp-
ton Roads Conference — an event big with possibilities but
without result, unless we accept as a result the knowledge
that the war must continue until ended on the field of battle.
Senator Tillman having been corrected by Senator Vest,
it is now in order to correct Senator Vest by documentary
evidences1 and by the testimony of Mr. Alexander H.
Stephens, one of the commissioners of the Confederate
States and their chief spokesman at the celebrated Confer-
ence. Soon after the event Mr. Stephens put into enduring
form his recollections of what occurred.2 Senator Vest's
account is from his own memory of what was told to him
thirty-seven years ago. From his account it must be in-
ferred that the interview was of short duration, if, as Sen-
ator Vest would have us believe, President Lincoln delivered
the ultimatum of "unconditional surrender." It must also
be inferred from Senator Vest's account that Mr. Hunter
was the chief spokesman for the Confederate commissioners,
that Judge Campbell was a stenographer, and that he made
a verbatim report of what was said. Neither of the three
propositions is true, as will be seen from the more reliable
evidences and testimony which follow. The interview was
of "several hours duration" according to President Lincoln;
it was "about four hours" long according to Mr. Stephens.
aThe documents are found in Lincoln's special message to the
House of Representatives, Feb. 10, 1865 — See Messages and Papers
of the Presidents, Vol. vi, pp. 260-269.
*A Constitutional View of the Late War Between the States. 1867.
OF HISTORY AND POLITICS 213
No record was kept by any person ; nor was any person per-
mitted to take notes at the interview of what was said.
There can be no doubt but that Mr. Stephens, being at the
head of the Confederate commission, was its chief spokes-
man.
SOME OTHER ACCOUNTS OF THE CONFERENCE
t
Mr. Edward S. Ellis in The History of Our Country
quotes at considerable length from Wm. E. Cameron's "full
and accurate account,"1 of which the following is an ex-
tract:
The inception of the Conference was a visit to Richmond of
Francis P. Blair, Sr. , armed with a letter from Mr. Lincoln, in which
the latter expressed his willingness to receive delegates from "those
in authority in the Southern States who desire to make peace on the
basis of one common country." 2
This part of Mr. Ellis' account is not true in any essential
particular. Mr. Blair was not sent by anybody; nor was
he on his first trip "armed with a letter" or with anything
else except a pass through the lines; nor is the quotation,
purporting to have been made from President Lincoln's let-
ter which was borne by Mr. Blair on his second trip, cor-
rectly made either in words or in sentiment, as will be seen
by the letter below.3
Mr. Cameron's account of the opening of the Conference,
quoted by Ellis, is as follows:
Mr. Stephens opened the business in hand by stating clearly and
with precision the conditions which the Confederates were instructed
to lay before the President of the United States.
Volume v, p. 1311.
* Ibid, p. 1311.
•See below p. 218.
214 THE IOWA JOURNAL
This implies of course that the Confederate commissioners
were present with an ultimatum to the President of the
United States, instead of being present to suggest a diversion
in the hope of securing by secret convention at least a tem-
porary cessation of hostilities. In these respects the Cam-
eron story is entirely misleading.
Other short accounts of the Conference are found in
Schouler's History of the United States,1 and Scribner's
Popular History of the United States* Neither of these
accounts, however, is full enough to convey a satisfactory
idea of the Conference.
For a full and accurate account of the Hampton Roads
Conference from its inception to its conclusion we must turn
to ( 1 ) the special message of President Lincoln of February
10, 1865, 3 (2) A Constitutional View of the Late War
Between the States, by Alexander H. Stephens,4 (3) Abra-
ham Lincoln, by Nicolay and Hay, and (4) the Rise and
Pall of the Confederate Government, by Jefferson Davis.
Volume vi, p. 535.
2 Volume v, p. 325.
3 Messages and Papers of the Presidents, Volume vi, p. 260. On
the 10th day of February, in response to a resolution of the House
for information, President Lincoln sent a special message giving all
of the documents in the case and briefly stating the main points dis-
cussed and stating that "the conference ended without result." On
the same date, the Senate was "referred" to the documents trans-
mitted to the House, and in addition thereto, the Senate was fur-
nished with the "instructions" sent to Minister Adams in London,
touching the affair, which instructions in no material points differ
from Mr. Stephens' account.
4 Mr. Stephens was Vice President of the Confederate States. His
two volume work was written in 1867.
OF HISTORY AND POLITICS 215
MR. BLAIR'S MISSION TO RICHMOND
Who was Francis P. Blair, Sr., the self-appointed mes-
senger to the President of the Confederate States prior to
the Hampton Roads Conference? Mr. Davis calls him ua
distinguished citizen of Maryland." Mr. Stephens styles
him the u Warwick" of the Republican party. He was for
many years a prominent editor and politician, coming into
notice as a Jackson Democrat in opposition to South Caro-
lina Nullification. He was a friend and counsellor of
Andrew Jackson himself. Later he became a Freesoil Dem-
ocrat (Barnburner); and finally he appears as a Republican.
He was intimately acquainted with leading men, North and
South, and was on personally friendly terms with Mr. Jef-
ferson Davis.
In the latter part of the year 1864, Mr. Blair thought that
he might do something to bring about peace by an interview
with Mr. Davis. He suggested the thought to President
Lincoln but got no encouragement from that quarter, not
even a chance to explain himself. Mr. Lincoln, however,
said to him finally and evasively: "Come to me after Savan-
nah falls."1 Mr. Blair was promptly on hand after that
event, and was given a card with these words:
DECEMBER 28, 1864.
Allow the bearer, F. P. Blair, sr. , to pass our lines, go South,
and return. A. LINCOLN.*
With this and this only he passed the lines and arrived
at Richmond on January 12, 1865, where his appearance
1 Nicolay and Hay's Abraham Lincoln, Vol. x, p. 94.
2 Messages and Papers of the Presidents, Vol. vi, p. 260.
216 THE IOWA JOURNAL
"caused no little sensation." An interview was promptly
had with Mr. Jefferson Davis, which was introduced with
an explanation by Mr. Blair as to the means used to procure
the pass. Mr. Blair avowed his individual responsibility in
the matter. Among the first questions propounded to Mr.
Davis was one as to whether "he had any commitments
with European powers," if he was free to answer such a
question, "which would control his conduct in making
arrangements with the Government of the United States."
To this Mr. Davis replied that he "was absolutely free and
would die a free man in all respects. "
This opened the way for Mr. Blair to read a paper
embodying his idea — a paper which he had prepared to be
submitted to Mr. Davis in case a personal interview could
not be had. It begins as follows:
The Amnesty Proclamation of President Lincoln in connection
with his last Message to Congress .... presents a basis on which I
think permanent peace and union between the warring sections of
our country may be re-established. *
Slavery being "doomed," a fact "admitted now on all
sides," continued Mr. Blair, "the issue is changed and war
against the Union becomes a war for monarchy." Having
developed these ideas, Mr. Blair then reviewed the condi-
tions in Mexico, and said: "Jefferson Davis is the fortunate
man who now holds the commanding position to encounter
this formidable scheme of conquest." In order to carry
out the scheme it would first be necessary to arrange an
armistice so that as much of the Confederate army as might
be needed could be transferred to Texas. Juarez, the Mex-
Nicolay and Hay's Abraham Lincoln, Vol. x, p. 97.
OF HISTORY AND POLITICS 217
lean leader, was to be " propitiated," and very likely Mr.
Davis himself might be proclaimed dictator.
In case the " Mexican recruits and the army of the South"
proved unequal to the task, it was suggested that "multi-
tudes of the army of the North" would take a hand, and
together they would sweep the invaders out of Mexico.
Having presented his plan much more in detail than is pos-
sible in this connection, Mr. Blair said: " There is my
problem Mr. Davis; do you think it possible to be solved?"
After some reflection Mr. Davis answered: UI think so." 1
The interview continued for some time and various points
were discussed. It terminated with the understanding that
Mr. Blair would sound President Lincoln on the subject.
It will be noted that the plan here presented to Mr. Davis
did not contemplate a uniting of the Confederate and Union
forces to drive Maximilian out of Mexico. It was to be a
Confederate movement to be made possible by means of an
armistice. After the interview Mr. Davis made a memor-
andum of the conversation, and on the day following sub-
mitted it to Mr. Blair. This memorandum was mutually
agreed to be substantially correct. It is substantially cor-
roborative of Mr. Blair's account, except that Mr. Davis con-
strued the proposed movement on Mexico to be a joint one
in support of the Monroe Doctrine. Mr. Blair was then fur-
nished with the following to be shown to President Lincoln:
F P BIAIR ESQ RICHMOND, VA., January 12, 1865.
SIR: I have deemed it proper, and probably desirable to you, to
give you in this form the substance of remarks made by me, to be
repeated by you to President Lincoln, etc. , etc.
I have no disposition to find obstacles in forms, and am willing, now
1 Nicolay and Hay's Abraham Lincoln, Vol. x, p. 103.
218 THE IOWA JOURNAL
as heretofore, to enter into negotiations for the restoration of peace,
and am ready to send a commission whenever I have reason to sup-
pose it will be received, or to receive a commission if the United
States Government shall choose to send one. That notwithstanding
the rejection of our former offers, I would, if you could promise that
a commissioner, minister, or other agent would be received, appoint
one immediately, and renew the effort to enter into conference with
a view to secure peace to the two countries.
Yours, etc., JEFFERSON DAVIS. l
Armed with this proposition to enter into conference with
a view to secure peace to the two countries, Mr. Blair re-
turned to Washington and received the following, with a
view of securing peace to the people of our one common
country, to be shown to Mr. Davis.
WASHINGTON, January 18, 1865.
F. P. BLAIR, ESQ.
SIR: Your having shown me Mr. Davis's letter to you of the 12th
instant, you may say to him that I have constantly been, am now,
and shall continue ready to receive any agent whom he or any other
influential person now resisting the national authority may informally
send to me with the view of securing peace to the people of our one
common country. Yours, etc., A. LINCOLN. l
Mr. Blair returned to Richmond and delivered the above
to Mr. Davis, at the same time stating (according to Mr.
Davis) that he (Blair) had "modified the views he formerly
presented," and had ua different mode of procedure" to
offer, to the effect that, uon account of the extreme men in
Congress and elsewhere, it would not be feasible
for him [President Lincoln] to enter into any arrangement
with us by the use of political agencies; that, if anything
beneficial could be effected, it must be done without the in-
1 Messages and Papers of the Presidents, Vol. vi, pp. 260, 261.
OF HISTORY AND POLITICS 219
tervention of the politicians. He, therefore, suggested that
Generals Lee and Grant might enter into an arrangement by
which hostilities would be suspended."
To this Mr. Davis replied that he was willing to entrust
such a negotiation to General Lee. Later on Mr. Blair in-
formed Mr. Davis that ' ' the idea of a military convention
was not favorably received at Washington;'7 and uso it only
remained for me," says Mr. Davis, "to act upon the letter
of Mr. Lincoln."
On the day following Mr. Blair's departure from Rich-
mond, Mr. Davis, before consulting with his cabinet, called
Mr. Stephens (Vice -President of the Confederate States) into
consultation, disclosed to him Mr. Blair's mission, and asked
his advice. Though not hopeful of any good results, Mr.
Stephens thought a conference desirable, and suggested that
the two Presidents were the persons to be brought together
if possible. To this Mr. Davis demurred, and then Mr.
Stephens suggested the names of three persons, only one of
whom was finally appointed, as commissioners. A cabinet
meeting was held immediately after this interview, and Mr.
Stephens' next information was that R. M. T. Hunter (Sen-
ator), Judge John A. Campbell (Asst. Sec. of War), and
himself had been appointed. Mr. Stephens strongly objected
to the selection both of himself and of Mr. Hunter on the
ground that absence from their accustomed official duties
would attract notice, whereas it was important to observe
uthe most perfect secrecy."1
Mr. Stephens makes no mention of either verbal or writ-
1 A Constitutional View of the Late War Between the States, by
Alexander H. Stephens, Vol. n, Colloquy xxm.
220 THE IOWA JOURNAL
ten instructions to the commission, but each commissioner
was furnished with the following dated Richmond, January
28, 1865:
In conformity with the letter of Mr. Lincoln, of which the forego-
ing is a copy, you are requested to proceed to Washington City for
an informal conference with him upon the issues involved in the
existing war, and for the purpose of securing peace to the two coun-
tries. *
The commissioners reached the Union lines January 29,
at Petersburg (Gen. Wilson commanding), and asked to be
passed through "in accordance with an understanding ....
with Lieu tenant -General Grant." To this the Secretary of
War replied that the Department had no knowledge of such
an " understanding" (nor was there any), and they were
not permitted to pass. On the next day the commissioners
addressed a note to General Grant at City Point asking "to
pass your lines under safe -conduct, and to proceed to Wash-
ington." The request was sent to the President, and at the
same time orders were sent by Grant to pass the commis-
sioners on to headquarters, where they arrived on the same
day. On the same day also (Jan. 30) a messenger was
sent from Washington to meet the commissioners and to
inform them that they would be allowed to pass the lines to
Fortress Monroe ufor the purpose of an informal confer-
ence on the basis of the letter" of January 18, 1865. The
reply of the commissioners to the instructions of the mes-
senger was not "satisfactory," and it was so reported. The
commissioners then addressed a second request to General
1 The Jtise and fall of the Confederate Government, by Jefferson
Davis, Vol. n, p. 617.
OF HISTORY AND POLITICS 221
Grant to be passed on to Washington uto confer informally
with the President,7' which of course was not granted.1
While this correspondence was in progress, President
Lincoln dispatched Mr. Seward, Secretary of State, to
Fortress Monroe, where he arrived February 1st under
instructions from the President that, in the expected inter-
view, "three things are indispensable," to wit:
1. The restoration of the national authority throughout all the
States.
2. No receding by the Executive of the United States on the
slavery question from the position assumed thereon in the late annual
message to Congress and in preceding documents.
3. No cessation of hostilities short of an end of the war and the
disbanding of all forces hostile to the Government. 2
After all of these preliminaries, because of the unsatisfac-
tory reply of the commissioners to the instructions of the
special messenger, the President was about to recall Mr.
Seward when he received through the War Department (on
February 2d) a dispatch from General Grant,3 which not
only determined him to let the interview take place but to
join Mr. Seward, which he did on February 2d, having sent
1 Messages and Papers of the Presidents, Vol. vi, pp. 262, 265.
2 Messages and Papers of the Presidents, Vol. vi, p. 264.
* Grant's confidential dispatch which determined the President to
join Mr. Seward is as follows:
"Hox. EDWIN M. STANTON, Secretary of War:
"Now that the interview between Major Eckert, under his written
instructions, and Mr. Stephens and party has ended, I will state con-
fidentially, but not officially to become a matter of record, that I am
convinced upon conversation with Messrs. Stephens and Hunter that
their intentions are good and their desire sincere to restore peace and
union. I have not felt myself at liberty to express even views of my
222 THE IOWA JOURNAL
orders to Grant to "let nothing which is transpiring change,
hinder, or delay your military movements or plans." The
interview took place on board a United States steamer, in
Hampton Koads, near Fortress Monroe, February 3, 1865. 1
THE ACCOUNT OF THE CELEBRATED CONFERENCE AS GIVEN BY
ALEXANDER H. STEPHENS
After the formal salutations, inquiries after mutual ac-
quaintances, and brief reminiscences of other days, Mr.
Stephens said " in substance:"
Well, Mr. President, is there no way of putting an end to the pres-
ent trouble, and bringing about a restoration of the general good
feeling and harmony then existing between the different States and
Sections of the country?
own or to account for my reticency. This has placed me in an
awkward position, which I could have avoided by not seeing them in
the first instance. I fear now their going back without any expres-
sion from anyone in authority will have a bad influence. At the
same time, I recognize the difficulties in the way of receiving these
informal commissioners at this time, and do not know what to recom-
mend. I am sorry, however, that Mr. Lincoln cannot have an inter-
view with the two named in this dispatch, if not all three now within
our lines. Their letter to me was all that the President's instruc-
tions contemplated to secure their safe conduct if they had used the
same language to Major Eckert [special messenger].
"U. S. GRANT, Lieutenant- General.
See Messages and Papers of tlie Presidents, Vol. vi, p. 266.
1 There is a curious error in a date, which is perhaps worth men-
tioning, found in the report of the Confederate commissioners to
Mr. Davis. As printed in Mr. Stephens' A Constitutional View of
the Late War Between the States, Vol. n, Appendix R, p. 792, the
date of the Conference is given as "the 30th inst. ," which would be
February 30th, if there could be such a date. In Mr. Davis' The
Rise and Fall of the Confederate Government, Vol. u, p. 619, the
date is given as "the 30th ult. ," which would be the 30th of January.
The true date was as given in the text above, February 3, 1865.
OF HISTORY AND POLITICS 223
Mr. Seward said: It is understood, gentlemen, that this is to be
an informal Conference. There is to be no clerk or secretary — no
writing or record of anything that is said. All is to be verbal.
I, speaking for the Commissioners, said that was our understand-
ing of it. To this all assented, whereupon I repeated the question.
Mr. Lincoln in reply said, in substance, that there was but one
way that he knew of, and that was, for those who were resisting the
laws of the Union to cease that resistance. All the trouble came
from an armed resistance against the National Authority.
But, said I, is there no other question that might divert the atten-
tion of both Parties, for a time, from the questions involved in their
present strife, until the passions on both sides might cool, ?
Is there no Continental question, said I, which might thus tempo-
rarily engage their attention? We have been induced to believe that
there is.1
This reference to a li Continental question" brought from
Mr. Lincoln the response: UI suppose you refer to some-
thing that Mr. Blair has said." He at once disavowed
authority for anything and everything that may have been
said or done by Mr. Blair, but said that he was u always
willing to hear propositions for peace" on the basis of "the
restoration of the Union," which with him was a "sine qua
non" There was silence for a few moments, when Mr.
Stephens said:
But suppose, Mr. President, a line of policy should be suggested,
which, if adopted, would most probably lead to a restoration of the
Union without further bloodshed, would it not be highly advisable
to act on it, even without the absolute pledge of ultimate restoration
being required to be first given? May not such a policy be found to
exist in the line indicated by the interrogatory propounded? Is there
not now such a Continental question in which all the parties engaged
1 A Constitutional View of the Late War Between the States, by
Alexander H. Stephens, Vol. n, pp. 599, 600.
224 THE IOWA JOURNAL
in our present war feel a deep and similar interest? I allude, of
course, to Mexico, and what is called the 'Monroe Doctrine,' — the
principles of which are directly involved in the contest now waging
there. l
In further elaboration of the question, Mr. Stephens said :
We are under the impression that the Administration at Wash-
ington is decidedly opposed to the establishment of an Empire in
Mexico by France, and is desirous to prevent itf In other words,
they wish to sustain the principles of the Monroe Doctrine, and that,
as I understand it, is, that the United States will maintain the right
of Self -Government to all Peoples on this Continent, against the
dominion or control of any European power.
Mr. Lincoln and Mr. Seward both concurred in the expression of
opinion that such was the feeling of the majority of the people of . the
North.
Could not both Parties then, said I, in our contest, come to an
understanding and agreement to postpone their present strife, by a
suspension of hostilities between themselves, until this principle is
maintained in behalf of Mexico; and might it not, when successfully
sustained there, naturally, and would it not almost inevitably, lead
to a peaceful and harmonious solution of their own difficulties?
Could any pledge now given, make a permanent restoration or re-
organization of the Union more probable, or even so probable as
such a result would?
Mr. Lincoln replied with considerable earnestness, that he could
entertain no proposition for ceasing active military operations, which
was not based upon a pledge first given, for the ultimate restoration
of the Union and the only basis on which he would entertain
a proposition for a settlement was the recognition and re -establish-
ment of the National Authority throughout the land. l
This answer seemed about to close the interview, as the
1 A Constitutional View of the Late War Between the States, by
Alexander H. Stephens, Vol. 11, pp. 601, 602.
OF HISTORY AND POLITICS 225
commissioners had no authority to give pledges, when Judge
Campbell inquired in what way a settlement might be ef-
fected, supposing the Confederate States were to accept the
conditions. But Mr. Seward desired, before answering
Judge Campbell's question, to have the other subject more
fully developed, as it seemed to him to have a philo-
sophical basis." And so Mr. Stephens gave his views at
length on the Monroe Doctrine and on popular government,
and it seemed to him that the situation in Mexico might
"afford a very opportune occasion for reaching a proper
solution of our own troubles without any further effusion of
fraternal blood. " :
This play upon the Monroe Doctrine was evidently not
sincere, for it ended with a declaration by Mr. Hunter that
"there was not unanimity in the South upon the subject of
undertaking the maintenance of the Monroe Doctrine, and it
was not probable that any arrangement could be made by
which the Confederates would agree to join in sending any
portion of their Army into Mexico." In this view he ex-
pressed the joint opinion of the commissioners, says Mr.
Stephens.
From this excursion into the realms of speculation, Mr.
Lincoln brought the Conference back to business by declar-
ing that i ' he could enter into no treaty, convention or stipu-
lation, or agreement with the Confederate States, jointly or
separately, upon that or any other subject, but upon the
basis first settled, that the Union was to be restored."
Judge Campbell then repeated his question, and the Pres-
1 A Constitutional View of the Late War ^Between the /States, by
Alexander H. Stephens, Vol. n, p. 604.
226 THE IOWA JOURNAL
ident replied that restoration could take place "by disband-
ing their armies and permitting the National Authorities to
resume their functions." This point was emphasized by
Mr. Seward by calling the attention of the commissioners
to the President's last annual message as embodying his
views on that branch of the subject, and quoting therefrom
from memory. After some further discussion, Mr. Stephens
propounded another question as follows:
I asked Mr. Lincoln what would be the status of that portion of
the Slave population in the Confederate States, which had not then
become free under his Proclamation; or in other words, what effect
that Proclamation would have upon the entire Black population?
Would it be held to emancipate the whole, or only those who had,
at the time the war ended, become actually free under it? l
Mr. Lincoln answered that it was "a judicial question,"
and he could not say how the courts would decide it. He
was of opinion, however, that the Proclamation, "was a
war measure, and would have effect only from its being an
exercise of the war power, as soon as the war ceased, it
would be inoperative for the future. It would be held to
apply only to such slaves as had come under its operation
while it was in active exercise. This was his individual
opinion, but, "the Courts might decide the other way;" and
he declared that "he never would change or modify the
terms of the Proclamation in the slightest particular."
Mr. Stephens asked what relation the Confederate States
would sustain to other States in case the war was abandoned.
"Would they be admitted to representation in Congress?
1 A Constitutional View of the I^ate War Between the States, by
Alexander H. Stephens, Vol. u, p. 610.
OF HISTORY A1SID POLITICS 997
Mr. Lincoln very promptly replied, that his own individual
opinion was, they ought to be. He also thought they would
be; but he could not enter into any stipulation upon the
subject."1
Being further pressed on the subject of a cessation of
hostilities, the President replied that he could not enter into
any arrangements "with parties in arms against the Govern-
ment;" and so Mr. Hunter undertook to remove this diffi-
culty by citing the fact that "entering into agreements with
persons in arms against the acknowledged rightful public
authority" was no new thing; and he cited the case of
Charles I of England, to which Mr. Lincoln replied: "I
do not profess to be posted in history. On all such matters
I will turn you over to Seward. All I distinctly recollect
about the case of Charles I, is, that he lost his head in the
end."
Mr. Stephens urged upon the President the view that, if
he was justified in issuing the Emancipation Proclamation
as a war measure, as a like war measure he might certainly
enter into some stipulation with the same object in view to
end the war. The President "then went into a prolonged
course of remarks about the Proclamation. He said it was
not his intention in the beginning to interfere with Slavery
in the States; that he never would have done it," except to
"maintain the Union;" that it raised many "difficult and
perplexing questions;" that he favored "prohibiting the
extension of slavery," but believed that the Government
possessed no "power over the subject in the States;" and
1A Constitutional View of the Late War JBetween the States, by
Alexander H. Stephens, Vol. n, p. 612.
228 THE IOWA JOURNAL
that lie favored emancipation, but not immediate. ueven by
the States." Mr. Stephens then goes on:
After pausing for some time, his head rather bent down, as if in
deep reflection, while all were silent, he rose up and used these words,
almost, if not, quite identical:
Stephens, if I were in Georgia, and entertained the sentiments I
do — though, I suppose, I should not be permittted to stay there long
with them; but if I resided in Georgia, with my present sentiments,
I'll tell you what I would do, if I were in your place: I would go
home and get the Governor of the State to call the Legislature
together, and get them to recall all the State troops from the war;
elect Senators and Members to Congress, and ratify this Constitu-
tional Amendment prospectively, so as to take effect — say in five
years. Such a ratification would be valid in my opinion. I have
looked into the subject, and think such a prospective ratification
would be valid. Whatever may have been the views of your people
before the war, they must be convinced now, that Slavery is doomed.
It cannot last long in any event, and the best course, it seems to me,
for your public men to pursue, would be to adopt such a policy as
will avoid, as far as possible, the evils of immediate emancipation.
This would be my course, if I were in your place. *
After some further discussion of the slavery side of the
question, Mr. Hunter recapitulated the subjects discussed
and arrived at the result that nothing had been offered "but
an unconditional surrender on the part of the Confederate
States and their people. There could be no agreement, no
treaty, nor, even any stipulations as to terms — nothing but
unconditional submission.'7
Mr. Stephens says this "summation" was given with "a
good deal of force," to which Mr. Seward replied that "no
* A. Constitutional View of the Incite War Between the States , by
Alexander H. Stephens, Vol. n, p. 614.
OF HISTORY AND POLITICS 229
words like unconditional submission had been used, or any
importing, or justly implying degredation, or humiliation
even, to the people of the Confederate States." He thought
that submission to the "laws under the Constitution" could
not be considered as " unconditional submission to con-
querors, or as having anything humiliating in it." To this,
Mr. Hunter replied: "But you make no agreement that
these rights [under the Constitution] will be so held and
secured." Mr. Lincoln replied to this by saying that as far
as "the Confiscation Acts, and other penal acts, were con-
cerned, their enforcement was left entirely with him," that
he was willing to be "full and explicit" on that point, and
that "he should exercise the power of the Executive with
the utmost liberality." Mr. Stephens observes further that
Lincoln "went on to say that he would be willing to be
taxed to remunerate the Southern people for their slaves.
He believed the people of the North were as responsible
for slavery as the people of the South, and if the war should
then cease, with the voluntary abolition of slavery by the
States, he should be in favor, individually, of the Govern-
ment paying a fair indemnity for the loss to the owners."
But on this subject, he said that he "could give no assur-
ance."
This practically brought the Conference to a conclusion;
and after some arrangements for a special exchange of pris-^
oners, Mr. Stephens said: "I wish Mr. President, you would
re-consider the subject of an Armistice on the basis which
has been suggested. " Taking Mr. Stephens' hand i i for a
1 A Constitutional View of the Late War Between the States, by
Alexander H. Stephens, Vol. n, p. 617.
230 THE IOWA JOURNAL
farwell leave," Mr. Lincoln replied: "Well, Stephens, I
will re -consider it, but I do not think my mind will change,
but I will re-consider."
And so the historic Conference ended after a full, fair,
and dispassionate discussion of the momentous question of
peace by compromise. In that group of statesmen, anchored
out upon the waters of the deep blue sea, Abraham Lincoln
was the imposing figure, holding absolutely in his hand the
fate of a continent. With another man in his place and
another man than Grant at City Point, the current of polit-
ical events might have changed its course in an hour.
Within ten weeks of this time the Confederacy had col-
lapsed, and President Lincoln had fallen at the hands of an
assassin — Lincoln, the best and truest friend of the fallen
cause.
The commissioners on the way back to Richmond had
another interview with General Grant, who "evidently,"
says Mr. Stephens, u regretted very much that nothing had
been accomplished by the Conference." In Richmond
"everybody was very much disappointed, and no one
seemed to be more so than Mr. Davis." Mr. Stephens
himself still entertained a lingering hope that Mr. Lincoln
would "re-consider" and that something might yet come
of it.
JOSEPH W. RICH
IOWA CITY, IOWA
SOME PUBLICATIONS
Proceedings of the Iowa State J?ar Association. Eighth annual ses-
sion, held at Dubuque, 1902. Published by the Association.
Pp. 227.
The temporary organization of the present State Bar Association of
Iowa was effected at Des Moines in 1894, and its first regular session
was held in that city during the following year. Since that time the
annual sessions have been held at different places in the State, during
the summer vacation of the courts. The plan of having the meetings
in different ,places from year to year has been advantageous in that it
has secured the active interest of many lawyers, who perhaps would
not have attended any session if all had been held at one point; but
on the other hand, it has deprived the Association of a substantial,
continuous body of members who may be expected to be present at
all its sessions. The work of the Association would probably be
more effective if the meetings were held each year at the capital of
the State.
The primary object of the various State bar associations, as well as
of the American Bar Association which is composed of a membership
from all the States, is to promote the general interests of the profes-
sion of law and stimulate the members of that profession in the dis-
charge of their higher duties towards the State and the public. The
constant aim of such associations has been to conserve the traditions
of the profession, which recognize its members as charged with the
performance of a public function. These traditions are based on the
theory that lawyers who are licensed to practice their profession in
the courts really constitute an essential part of such courts in the
administration of law, and are not merely private persons, availing
themselves of the opportunities of the profession for the purpose of
individual gain. The contest is strenuously made against mere com-
232 THE IOWA JOURNAL
mercialism, and the deliberations of the members of such associations
do not relate to the best methods of practicing law to their own
advantage, but rather to those matters in which the profession is dis-
charging a public duty. The true objects of such organizations are
well set forth in the constitution of the one in Iowa, which declares
that "This association is formed to cultivate the science of jurispru-
dence, to promote reform in the law, to facilitate the administration
of justice, to elevate the standard of integrity, honor and courtesy in
the legal profession, to encourage a thorough and liberal education,
and to cherish a spirit of brotherhood among the members thereof."
A brief review of the proceedings of the eighth session will show
that the Association is faithfully carrying out the objects for which
it was organized.
The formal program of the annual session usually consists of the
President's address, an address by some judge or lawyer of distinc-
tion, usually selected from outside the State, and several papers by
members of the Association relating to subjects of interest to the
profession. For this session the President's address was on The
Life, Character., Career and Professional Labors of Justice Samuel
F. Miller, of the Supreme Court of the United States, delivered, as
usual, by the retiring President, who in this case was Hon. J. H.
McConlogue, of Mason City. The annual address was by Hon. Paul
E. Carpenter, of Milwaukee, on Some of the Legal Phases of In-
finity. It would not be possible here to synopsize what was said,
nor will it be necessary to eulogize the speakers. The addresses pre-
sent in a full, fair, and interesting way the subject matter properly
indicated by their titles. The papers read were by Hon. M. J. Wade
on The Use and Abuse of Expert Evidence, by Hon. H. M. Remley,
on the question, Should the Marriage of Feeble Minded and Degen-
erates be Prohibited by Law, and by Hon. George W. Wakefield
on The Need of Law to Govern Trial of Equity Cases.
At the previous session a section of the Association was provided
for to give special attention to the subject of Taxation, and at this
session papers were read before the section by Professor H. S. Rich-
OF HISTORY AND POLITICS 233
ards of the College of Law of the State University, Mr. A. E.
Swisher of Iowa City, and Mr. E. E. McElroy of Ottumwa. The
most interesting discussion of the session was that which followed
the reading of these papers. Hon. R. M. Haines of Grinnell, who
presided over the section, was subsequently elected President of the
Association for the ensuing year; but by his recent death the Asso-
ciation has not only been deprived of a President, but also of an
enthusiastic worker, and the bar of one of its strongest, most con-
scientious, and most laborious members.
The papers as to expert evidence and trial of equity cases are illus-
trations of the constant attention which is being given in such asso-
ciations as this to the development of the law in its practical applica-
tions for the purpose of administering justice to litigants, and they
deal with matters of great interest to the profession. The paper
with relation to the marriage of the feeble minded and degenerates
illustrates the constant and well recognized relation which must exist
between the law and questions of sociology as to which legislation is
thought to be desirable. While lawyers as members of the legal pro-
fession have no immediate concern with the principles of sociology, or
with the proper subjects of legislation, it is recognized as practically
true that legislation can be effective only so far as it is intelligently
based on the law as it exists, for enforcement of legislation must rest
largely with the courts.
Although lawyers are not by profession law makers, they are the
wisest counsellors in determining the effectiveness of proposed
changes in or additions to the law, and those of them who become
members of legislative bodies render a valuable service in procuring
the passage of laws which are for the public interest. The constant
tendency of bar associations to discuss subjects of proposed legisla-
tion, which is not strictly within the scope of jurisprudence, illus-
trates the close relations between the making and the administration of
laws, whatever may be their purpose. It may be questioned whether
associations of lawyers do not assume too much in the interest which
they manifest in subjects of this kind, for their primary and impor-
234 THE IOWA JOURNAL
tant business is to assist in the administration of justice in the courts,
and not to promote the enactment of laws. And yet the intimate
relation between legislation and the administration of justice is such
that it is difficult to draw any accurate boundary line, and their bene-
ficial activity in public life is justified by the fitness which their legal
training gives them to judge of the expediency of proposed measures.
It would not be to the public interest to have the members of the
legal profession feel that the presentation of cases to courts and the
earning of fees by consultations with clients as to their legal rights
constitute the extent and whole scope of the lawyer's proper sphere.
The papers on taxation and the discussion which followed espe-
cially illustrate the relation of law to legislation. It is peculiarly
true as to this subject that while it is a branch of public administra-
tive law, legislation with reference thereto must be perfected not
only with the purpose of making taxes more equitable and fair as to
the persons affected and adequate for the support of the government
and its institutions, but also with constant and careful reference to
the legal and constitutional limitations on legislative power in this
respect; and if the advice of lawyers with reference to legislation is
ever permissible, it is certainly to be justified with regard to legisla-
tion on this most vital and important subject. It may perhaps be
admitted that the deliberations of bar associations have not accom-
plished very much in the past in the way of promoting wise legisla-
tion, save, perhaps, so far as the law of rights and remedies and the
regulation of admission to the bar are concerned. But it is not to
be doubted that these discussions have been of value in pointing out
the difficulties to be contended with and overcome if such legislation
shall be effectual.
A regular feature of the proceedings of the Association at each
annual session has been the reports of standing committees, especially
the committees on legal education and law reform. At this session the
committee on legal education reported satisfactory progress in secur-
ing such modification in the law as to require increased educational
qualifications on the part of those aspiring to enter the profession;
OF HISTORY AND POLITICS 235
and the committee on law reform proposed some recommendations
for amendment of the statutes to cure defects which have become
apparent in their interpretation by the courts. The recommendations
as to amendments were adopted, and no doubt will receive the atten-
tion of the legislature. The relation between the State Association
and the American Association was recognized by the reports of the
delegates who attended the previous session of the latter, and the
importance of this vital relation was thus emphasized. While the
State Association is in no sense a branch or offspring of the American
Association, it is evident that the community of interest is such that
cooperation must be of constant advantage.
No other profession has so close a relation to the State as the pro-
fession of law, and no other profession is doing so much to promote
the general interests of organized society. Law is a branch of social
science, and the success of proposed social reforms will largely
depend upon the care with which they are kept within the bounds
indicated by the rules and principles embodied in and recognized by
the law as it now is.
EMLIN McCLAm
SUPREME COURT CHAMBERS
DES MOINES
Bulletin of Iowa Institutions. Edited by the BOARD OF CONTROL.
Published by the Authority of the Legislature. Dubuque: 1902.
October. Vol. IV. No. 4. Pp. 123.
The last number of the Bulletin of Iowa Institutions under the
Board of Control like its predecessors contains a series of selected
papers on subjects germane to the work of the respective institutions
under the control of the State Board, and papers especially prepared
for presentation to the preceding regular quarterly meeting of the
chief executive officers of the State penal and charitable institutions
with the Board of Control, together with a complete report of the
proceedings of the quarterly meeting including a verbatim account of
the discussions elicited by the papers read. The number under re-
236 THE IOWA JOURNAL
view closes the fourth volume of the quarterly bulletin, the first num-
ber having been issued in January, 1899. The four volumes with
four numbers to each volume, which have appeared to date, constitute
not only an admirable record of the regular quarterly meetings which
are in the nature of a deliberative council of experts, but they furnish
also a most valuable collection of material for the student of sociol-
ogy, particularly for the study of certain problems of applied soci-
ology.
A suggestion of the scope and variety of topics considered will be
given by citing the titles of the more formal papers contained in the
last number of the Bulletin: Artesian Wells in Iowa, by Samuel
Calvin; Institution Engineering -, by Clayton A. Dunham; Selection
and Care of Dairy Cows, by M. T. Gass; Undesirable Employees —
How We Are to Protect Ourselves Against Them, by Max E. Witte;
The Juvenile Court Probation System, by Mrs. Isaac Lea Hillis;
Institutional Expenditures in the State Budget of Iowa, by Frank I.
Herriott (Part V in a series of thoughtful papers by the same writer);
The Juvenile Offender, by Geo. L. Cady. Besides these papers and
the discussions which followed the reading of some of them, the last
number of the Bulletin contains a record of cases submitted for study
by the medical staff of our State hospitals. Each number has its
special table of contents and each volume closes with a suitable
index.
It would be a convenience to the general reader if each number
of the Bulletin contained also an official directory giving at least a
list of the several institutions under the Board of Control and the
chief executive officers in charge of these institutions.
ISAAC A. Loos
THE STATE UNIVERSITY OF IOWA
IOWA CITY
OF HISTORY AND POLITICS 237
The Conquest: The True Story of Lewis and Clark. By EVA EMERY
DYE. Chicago: McClurg & Co. 1902. Pp. 443.
When a child, searching the shelves of my father's library for
something interesting to read, I used three tests in selecting a book.
If it had a sober binding, a plain prose title, and solid pages of print,
it went back to the shelf unread. The Conquest, if it could have
been there, would not have had that fate. It is, indeed, bound in
sober gray, but the outlined head of an Indian on the cover solemnly
commends the contents. The lettering would have been dark yellow
to me then but now it is old gold, reminding me that the author is
the wife of a former student of the State University of Iowa. S. U.
I. is proud of her distinguished sons and daughters and of her sons-
in-law and daughters-in-law as well. The title is well chosen. It
may suggest anything that is attractive to young men or maidens,
whether "fierce wars" or "faithful loves." The pages, too, look
interesting. There is plenty of conversation and the paragraphs are
short. Besides all this there is a picture of a sweet -faced lady with
the one word "Judith" below. I must find out who Judith was.
So I, the child, take the book and curl myself up in a great easy chair
to read.
There is a note of acknowledgement which the child skips and the
reviewer reads. She finds that the book is based upon a large num-
ber of original documents, letters, and family traditions; materials
not yet made public and sought for and gone over with infinite
patience by Mrs. Dye. A very brief foreword gives us a glimpse of
what we are to see more in detail, border warfare, pioneers, Indians,
and buffaloes, together with a foretaste of the vividly picturesque
style of the narrative.
The Conquest is the history of the winning of the West from the
Indians. Its three books tell of three periods, the first from 1774 to
1803, the second to 1807, and the third to the middle of the century.
The central thought is in the middle division, the story of the journey
of Lewis and Clark to the mouth of the Columbia river; but, in order
that we may appreciate that, a flying survey is made of the conquest
238 THE IOWA JOURNAL
of the West from Daniel Boone's first appearance in Kentucky until
the Indians were dispossessed of the Louisiana Purchase. ,
The style is vividly picturesque, rather dramatic than narrative.
The book is a series of scenes, each touched lightly yet with details
enough to stir the imagination to fill out the rest. Men speak for
themselves, brief sentences and few, yet their words make the men
real to us. On the wings of imagination we dart from place to place
and from event to event over the whole valley of the Mississippi
and a century of time. Such a manner of writing has certain dis-
advantages. It must be somewhat superficial and it is not always
clear. The scenes and actors change so quickly that we are occasion-
ally not sure just where we are. Yet, when we have finished, those
times and people are present and alive again in our minds. That is a
great achievement in history.
I think the book will find its chief place in school libraries.
Wherever United States history is being studied, it will be an ex-
ceedingly useful and enjoyable supplement to the text -book.
ALICE YOUNG
THE STATE UNIVERSITY OF IOWA
IOWA CITY
New France and New England. By JOHN FISKE. Boston: Houghton,
Mifnin & Co. Riverside Press. 1902. Pp. xxiii, 378.
This posthumous work of Mr. Fiske completes his notable series
of books on American history. The subject matter of the volume
had been carefully prepared before the author's lamented death and
was presented in lectures before the Lowell Institute during the win-
ter of 1901-1902. Only the first two chapters, however, had been
finally revised for publication. The third chapter was unfinished,
but this has been completed in accordance with notes left by the
author. The marginal notes and references for the remaining seven
chapters have also been supplied by the editor.
The present volume is the sequel to two of the previous numbers
of the series: The Beginnings of New England and The Dutch and
OF HISTORY AND POLITICS 239
Quaker Colonies in America. In the preface of the last-named work
the scope of the volume is described by the author as follows: "It is
my purpose, in my next book, to deal with the rise and fall of New
France, and the development of the English colonies as influenced
by the prolonged struggle with that troublesome and dangerous
neighbor. With this end in view, the history of New England must
be taken up where the earlier book dropped it, and the history of New
York resumed at about the same time, while by degrees we shall find
the history of Pennsylvania and the colonies to the south of it swept
into the main stream of Continental history. That book will come
down to the year 1765, which witnessed the ringing out of the old
and the ringing in of the new, — the one with Pontiac's War, the
other with the Stamp Act."
The first four chapters of the work are devoted to the history of
New France. The voyages of Cartier, the explorations of Champlain
and Nicolet, of Joliet and Marquette, and the evolution of the ideal
of a great continental empire conceived by Talon, fostered by Fron-
tenac and inaugurated by La Salle, are all described with the author's
usual charm and vigor.
The scene is now abruptly shifted to the Massachusettes colonies
and the horrors of the witchcraft delusion are depicted in a manner
as critical and free from sensationalism as the nature of the subject
will permit. Then follows a chapter devoted to "the great awaken-
ing," in which are presented the American phases of the great ecclesi-
astical controversies raging during the first decades of the eighteenth
century.
Political history is then resumed and the remaining chapters are
devoted to the long and arduous struggle culminating in the fall of
Quebec and the consequent overthrow of French absolutism in North
America. Thus the work before us completes the history of the
New World colonies up to the beginning of the period which has
already been treated in the author's American Revolution.
In this, as in all his historical writings, Mr. Fiske manifests the
philosophical insight and the critical temperament of the profound
240 THE IOWA JOURNAL
student in happy combination with the spirit and enthusiasm of the
interesting narrator.
LAENAS GIFFORD WELD
THE STATE UNIVERSITY OE IOWA
IOWA CITY
Annual Report of The American Historical Association for the Year
1901. In two Volumes. Vol. I. Washington, D. C. : Gov-
ernment Printing Office. 1902. Pp. 575.
The Seventeenth Annual Report (1901 ) of the American Historical
Association has issued from the press at Washington. It comes as
usual in two volumes. The first includes the Report of the Secre-
tary and the papers read before the Association, the second contains
the Justin Winsor Prize Essay, Georgia and State Rights, by Ulrich
Bonnell Phillips, and the Report of the Public Archives Commission.
In volume I it is noticeable that two of the articles are memorials
of men who have been active in laying the foundations of historical
study and teaching in America — Moses Coit Tyler of Cornell Uni-
versity, and Herbert B. Adams of Johns Hopkins University. Per-
haps no meeting of this young organization has been so suggestive of
the fact that the great leaders in our comparatively new field of labor
are beginning to give place to younger workers.
Both men were preeminently teachers, both were ripe scholars, and
both were able to bring to bear upon their efforts a fine technical
training in historical methods. This was particularly true of Mr.
Adams whose sojourn with the European masters fitted him to be
the father of their methods in this country. Both were men of fine
personality, and each brought to his task that culture and breadth of
vision so necessary for the true historical spirit.
One other feature of the report is also significant. In the Presi-
dent's address1 the note of a new policy is sounded, which if followed
will undoubtedly give a new direction, if nothing more, to the
work of the Association. Mr. Adams, after briefly and critically re-
An Undeveloped Function, by Charles Francis Adams.
OF HISTORY AND POLITICS 241
viewing our presidential campaigns for a half century, points out the
pressing need of something to elevate the standard of the debates and
says: "I hold that the time has now come when organizations such
as this of ours instead of, as heretofore, scornfully standing aloof
from the political debate, are under obligations to participate in it."
Mr. Adams then suggests a plan by which the Association shall pro-
ceed to this new work.
There is certainly no contention with Mr. Adams as to the main
point. There is need of a better historical spirit, of men with
the training of students to hold up the moral aspects of these ques-
tions and develop debate upon the "higher level." But as to the
method suggested it would seem to be a grave question whether the
Association is an organization which could adapt itself to the work
or whether such an adaptation as Mr. Adams proposes would ac-
complish its purpose.
II ARE Y G. PLUM
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Laws of the Territory of Iowa, JZnacted at the /Session of the Legis-
lature Commencing on the first Monday of November, A. D.
1839. Published by Authority. Burlington. Printed by J. H.
Me Kenny, 1840. Des Moines: Reprinted by the Historical
Department of Iowa. 1902. Pp. 227.
Laws of the Territory of Iowa passed at the Extra Session of the
Legislative Assembly. Begun and held in the City of Burling-
ton on the first Monday in July in the Year of our Lord one
thousand eight hundred and forty. Published by Authority.
Burlington. Printed by J. H. McKenny. 1840. Des Moines:
Reprinted by the Historical Department of Iowa. 1902. Pp. 80.
Copies of the original editions of the acts of the Territorial
Assembly of 1839-40 are exceedingly rare; on that account the re-
print issued by the Historical Department is commendable, since it
242 THE IOWA JOURNAL
renders these acts generally accessible. From the view point of the
lawyer these statutes are of service in the matter of titles and as an
aid in construing present day legislation. Still their chief value is
historical rather than legal.
The legislation as a whole possesses the characteristics common to
all pioneer law making. There are numerous special acts, and very
little legislation of a comprehensive character. The development [of
the resources of the new country is the dominant thought, as evi-
denced by the numerous special acts providing for the laying out of
highways, the development of water power, the licensing of ferries,
and the incorporation of manufacturing enterprises.
The general legislation covers a variety of topics. The most
elaborate statutes along this line deal with the subjects of Recording
Conveyances, Regulation of Ferries, Justices of the Peace, Habeas
Corpus, Marriage and Divorce.
The pioneer function of the "grocery" is illustrated by an exten-
sive statute governing the sale of liquors by groceries, which shows
that the primitive enterprise had a far more extensive scope than is
recognized in our day.
Distinctions between legislative and judicial powers were not
always observed. This is shown by a legislative divorce granted at
the extra session of 1840, although the legislature had passed a gen-
eral statute on the same subject at the preceding regular session.
Among the resolutions adopted is one concerning the then popular
project of slack water navigation of the Des Moines river — a project
the failure of which dashed the metropolitan hopes of scores of ham-
lets along the proposed route, and left a host of legal controversies
for the present generation.
Although absorbed largely with plans for material advancement
the Legislative Assembly was not unmindful of educational matters.
An extensive statute providing for a system of common schools was
enacted; and charters were granted to various educational enter-
prises, the most pretentious being the Iowa University to be located
at Mt. Pleasant. The Assembly's generosity apparently extended
OF HISTORY AND POLITICS 243
no further than the creation of an imposing board of trustees of
twenty-one members, with large power, but without endowment or
other resources.
A conciliatory resolution calls to mind the Missouri boundary dis-
pute which attracted so much attention during the Territorial period.
The resolution intimates the danger of war, and asks Missouri to
stay its hand until Congress can act.
At the extra session of 1840 the most elaborate act passed was one
providing for the organization and discipline of the Militia. This
statute was due largely to the fear of trouble with the Indians. The
act apportioning the members of the Assembly, passed at the extra
session, shows that only seventeen counties were organized at this
time.
Although the pioneer period of Iowa did not raise problems differ-
ent from those of other Territories in the same period of development
yet there will always be a keener interest for lowans in the acts of
those who helped to lay the foundations of this Commonwealth.
Even a casual perusal of this early legislation will kindle a desire for
a more intimate knowledge of the doings of the pioneers.
HARRY S. RICHARDS
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Historic Highways of America. By ARCHER BUTLER HULBERT.
Cleveland: The Arthur H. Clark Company. 1902. Pp. 140,
152, 215. Vol. I., Paths of The Mound -building Indians and
Great Game Animals. Vol. II., Indian Thoroughfares. Vol.
III., Washington's Road (Nemacolin's Path), The First Chapter
of the Old French War. With Maps and Illustrations.
A method of study which is likely to result in greatly increased
knowledge of the predecessors of the White Man in the United States
is the tracing of the highways of man and of the larger game.
1 'Every road has a story, and the burden of every story is a need."
It is the same with man as with the moose, the deer, or the buffalo.
244 THE IOWA JOURNAL
Each must have his new feeding ground — or must improve it. In
seeking it he makes highways of travel. Of the former highways
vast numbers are traceable in many parts of the country. By their
means there will be found a natural order of inhabitants and the
reasons therefor. The Indian was not the first here. The pioneer
for him was the buffalo. The buffalo was a great roadbreaker, and
the Red Man followed his leading; and "until the problem of aerial
navigation is solved human intercourse will move largely on the
paths first marked by the buffalo." Even our great railroads follow
these trails. Most interesting are the instances of this seen in the
course of the Baltimore and Ohio, the Pennsylvania, the Chesapeake
and Ohio, and the Wabash.
But the buffalo too had a predecessor, or at least he was a later in-
vader. Mound -builders were here before him, and they followed
the same laws in finding highways which his brute instinct adopted.
Moreover, they improved the natural courses. But "with the dete-
rioration of the civilization to which the mound -building Indians
belonged, the art of road -building became lost — for the great need
had passed away. The later Indians built no such roads as did their
ancestors, nor did they improve such routes on the highways as they
found or made. But they collected poll-taxes from travelers along
them, setting an example to generations of county commissioners
who collect taxes from roads they do not improve."
And so all discovery and conquest since have gone on along these
paths, for the reason that they were the natural courses. They were
the line of least resistance. They were the outcome of animal in-
stinct. The Mound-builder found them and artificially improved
them. They grew over with vegetation and were modified by natural
forces. The buffalo again found them. The nomad Indian followed
the buffalo, and the White Man followed the Indian.
Here is a clew for the historical tracing not only of the White,
but of his predecessors. This method of following the White Man's
inroads is now revealing a hundred previously unknown facts con-
cerning his progressive march. It is the object of these volumes to
OF HISTORY AND POLITICS 245
make known these facts and the reason for the later distributions of
White settlements. The author states that the time is now ripe for
realizing that " there is a vast deal of geographic-historical work to be
done throughout the United States." He earnestly recommends it to
local students everywhere.
The general theory upon which the author works changes the pre-
vious notion that the ''lines of migration were along the principal
water-courses." He cites the investigations published by the Bureau
of Ethnology to show that ' ' these lines of migration were across the
large water-courses rather than up-and-down them." The high lands
or water-sheds, not the river-bottoms, were the road courses for the
successive migrations of human and animal life.
One fact which is at the same time reason and conclusion from the
study of these highways is, that "the Mound-builders were largely a
rural people; and in some noticeable instances their works are found
more profusely on the smaller streams than on the larger ones. This
is shown by the location of their archaeological remains; and a good
reason for it is found in the fact of the relation of primitive settle-
ments to river floods. That the buffalo was later than the Mound-
builder is inferred from the fact that no buffalo bones are found
among mound-builder relics. That mound-builder roads (often much
improved) were followed by buffalo trail is seen by still existing evi-
dence. The study of the courses of more primitive men and the paths
of the great game animals becomes a historic novel. The numerous
maps, charts, tables and citations from early contemporary records add
greatly to interest and clearness. A look through these volumes
shows most conclusively that a new source of history is being devel-
oped— a source which deals with the operation of the most effective
causes influencing human affairs. History is being expanded in
meaning. It is coming to include the pre-historic.
DUREN J. H. WARD
IOWA CITY
246 THE IOWA JOURNAL
The Story of the Mormons. By WILLIAM ALEXANDER LINN, New
York: The Macmillan Co. 1902. Pp. xxiv, 637.
The present controversies about the admission of certain persons
to the House of Representatives and the Senate of the United States
because of their religious affiliations and practices, makes a history
of the Mormons a very opportune book. The fact that publishers
believe there is a demand for such a book is indicated by the appear-
ance at this time of Mr. Linn's Story of the Mormons and Mr.
Riley's The Founder of Mormonism (Dodd, Mead & Co.) Mr.
Linn says the purpose of his work "is to present a consecutive his-
tory of the Mormons, from the day of their origin to the present
writing," and that "the search has been for facts and not for moral
deductions." And yet we fear that we find signs in the same para-
graph from which the above quotations were taken indicating that
the author's prejudices are too strong to allow him to write a fair
and impartial history. Such expressions as "The Prophet's own
account .... written with an egoistfs appreciation of his own part ....
all showing up, as in a mirror, the character of the persons who gave
this church its being and its growth," make us feel that the author
has little sympathy for the people whose history he starts out to
write. This impression is further confirmed by our author's "words
on the sources of information," in which we are told that our author
writes from a diff erent standpoint than that taken by H. H. Bancroft
in his history of Utah, which, according to Mr. Linn and a quotation
given from a Mormon, was written entirely from information given
by the Mormons and which aims "to give the Mormon view in the
text and to refer the reader for the other side to a mass of undigested
notes." The writer of this review knows so little about the Mor-
mons that he is unable to decide whether Mr. Linn has been fair in
his selection of incidents and illustrations. But one is made to feel
in reading the book that the selection is, as in Uncle Tom's Cabin,
from the extreme instead of the typical.
Nevertheless Mr. Linn has written a very readable book, and, if
one takes it up understanding his point of view, a very valuable
OF HISTORY AND POLITICS 247
story and mild criticism on the Mormons and their religion. Our
author is of the opinion that the Mormons gain their power over
people by taking advantage of the natural credulity of man and the
desire for a supplement or explanation to our religion as to what
goes on after death.
The book is divided into six parts, namely: The origin of the
Mormons, The Mormons in Ohio, In Missouri, In Illinois, The
Migration to Utah, and Utah. A native lowan, with his yankee
instinct to claim everything, is piqued not to find a division given to
the Mormons in Iowa. However, our author makes up for this lack
by a treatment of the Mormons in their relation to Iowa and lowans,
under "The Mormons in Missouri," and "The Migration to Utah."
The chapter called "From the Mississippi to the Missouri" gives a
narrative of the march across Iowa, but says nothing of the way
lowans felt "toward the Mormons. In another place (p. 360), we
are told, "No opposition to them seems to have been shown by the
lowans, who, on the contrary, employed them as laborers, sold them
such goods as they could pay for, and invited their musicians to give
concerts at the resting points."
While we may not agree with Mr. Linn that he has written an
impartial history, yet we must acknowledge that he has made an
excellent book. The carefully prepared table of contents and the
copious index, the clear flowing style, the interesting quotations from
all classes of people, the large collection of anecdotes and incidents,
all go to make the book pleasing reading and a valuable reference
work. The publishers have done their part by giving us excellent
paper, print, and binding. So that one feels free to recommend The
Story of the Mormons to those who wish interesting and instructive
reading on that mysterious and awe-inspiring sect which we call the
Mormons and who call themselves Latter-Day Saints.
ARTHUR D. CROMWELL
HUMBOLDT COLLEGE
HUMBOLDT, IOWA
248 THE IOWA JOURNAL
Georgia and State Rights. By ULBICH BONNELL PHILLIPS, A. M.,
PH. D. In the Annual Report of the American Historical Asso-
ciation for the Year 1901. Vol. II. Washington: Government
Printing Office. 1902. Pp. 224.
In the early years of the last decade Professor Gilderslieve of
Johns Hopkins University, himself of southern extraction and educa-
tion, stirred up a lively controversy by his assertion in his reminis-
cences in the Atlantic that the South entered upon the Civil War in
defense of State Rights and not because the southern people were
primarily or particularly concerned about the institution of slavery.
This essay of Dr. Phillips throws a flood of light upon the pros and
cons of that controversy, and on this account as well as for various
other reasons is well worth study. The narrative of the shiftings
and twists of political opinion in Georgia will convince most persons
that political theories which affect the currents of politics arise out
of the needs or rather the desires of the dominant elements, and that
if such theories are not adjustable to changing conditions and cannot
continue to do service in the promotion of what the mass of the citi-
zen body believe to be their social or economic or other vital interests
they are altered or abandoned. Human selfishness both in the large
and in the narrow sense of the term is the great dynamic force which
generally gives practical effect to philosophical theories of the con-
stitution of government.
The narrative begins with an account of the part taken by Georgia
in the adoption of the Federal Constitution in 1787. Then, because
her political existence seemed to be threatened by South Carolina
and the proximity of Indians and Spaniards rendered the lives and
property of citizens insecure, the people of that State gave ardent
and influential support to the advocates of a strong central national
government in the constitutional convention and with astonishing
unanimity promptly adopted the Constitution when it was submitted
to them. In two chapters we follow the tortuous courses of Georgia
politics when the State was attempting to oust the Creek and Cher-
okee Indians from their lands. If one wants indubitable proof of
OF HISTORY AND POLITICS 249
the ruthless character of the forward march of the dominant Anglo
Saxon when inferior races obstruct his path, Dr. Phillips supplies
it in full measure. No sooner did the Georgians suspect the national
government's intention of protecting the Aborigines in the possession
of their hunting grounds, guaranteed to them by formal treaty, than
they forgot about the great advantages of a strong national power or
concluded that they were of minor importance compared with their
local need for more land. When the desired ends could not be
secured by legitimate diplomacy sharp tactics were resorted to, and
if these failed then rough brute force was exerted. The lands they
were bound to have, and with President Jackson's bluff and unjusti-
fiable refusal to carry out Marshall's decision of the Supreme Court,
they got what they wanted. While State Rights became a conscious
consideration with the Georgians immediately upon that court's rul-
ing in Chisblm v. The /State of Georgia in 1793, public opinion did
not attain to a vigorous growth or become belligerent until the con-
tests for the Indian's land aroused popular greed. Then the rights
of States bulked big, and with the progress of the debates over the
extension of slavery they loomed larger and larger in the southerner's
vision.
No less interesting and instructive are the chapters devoted to the
formation and history of the political factions and parties in Georgia
prior to 1836. The reader suffers some confusion as the author goes
back over ground more or less covered in the first three chapters, and
his perspective is not always clearly marked. But a close study has
been made of the topography of Georgia politics. The intimate rela-
tions between social and industrial conditions in the various sections
are shown and the character and color of local political contention and
theories and their effect upon the general drift of the political action
of the State as a whole are demonstrated; and in many respects these
are the most valuable portions of the essay. He traces in great
detail the tariff debates and the attitude of the State with respect to
nullification. The Georgians furnish interesting illustrations of the
frequency with which popular contentions are pushed forward by self
250 THE IOWA JOURNAL
stultification. With loud arid persistent assertion they declared that
Congress had no power to impose a tariff or to tax them for internal
improvements; yet in the same breath they instructed their congress-
men to work for a constitutional convention to amend the national
compact so as to reduce the growing and branching powers of the
federal government under the Constitution, the most damaging sort of
admission that they not only dreaded but conceded that the Constitu-
tion gave ample jurisdiction to Congress in such matters. Otherwise
they could have easily blocked such infractions of State Rights by
suits at law in the federal courts themselves. The author, although
noting the dissenting opinion of Justice Iredell in the case of Chisolm
v. Georgia and its expression of Georgia's sentiments at the time does
not recognize, at least he omits to point out, that that judge outlined
the course of judicial construction later followed by Marshall in his
celebrated expositions, and furthermore suggested the interpretation
by which the federal courts in the cases arising out of the Civil War
justified the conduct of the Union authorities in dealing with the
rebellious citizens of the seceding States, when he declared that the
powers of the United States "require no aid from any State authority,
etc."
The chapters on slavery and secession are of absorbing interest, but
space does not permit their review. The author, a southerner by
birth and early training and from natural sympathy prejudiced as
regards the controversies that aroused such bitter animosities, writes
with marked reserve and judicial fairness.
A number of instructive maps in colors accompany and illuminate
the text, exhibiting graphically the political complexion of the
various sections. It is much to be wished that the author continue
his investigations into the periods of the war and reconstruction and
show us the courses of opinion under the pressure of war and in the
readjustments during reconstruction and the carpet-bag regime.
Following Dr. Phillips' essay in Volume II of the Report of the
Historical Association is the JReport of the Public Archives Commis-
OF HISTORY AND POLITICS 251
sion, signed by William MacDonald, John Martin Vincent and
Howard W. Caldwell.
This report of the Public Archives Commission contains (1) an
elaborate report of the records of the city and county of Philadelphia
by Drs. H. V. Ames of the University of Pennsylvania, and A. E.
McKinley of Temple College, which is a continuation of the report on
the Archives of Pennsylvania made last year to the Commission; (2)
a digest of the laws of North Carolina respecting the preparation,
care, and publication of public records by Prof. Jno. S. Bassett of
Trinity College; and (3) a preliminary report on the Archives of
Texas by Mr. E. C. Barker of the University of Texas.
The report on Philadelphia is extensive, elaborate, and very
detailed giving the results of five months of painstaking work in ran-
sacking public buildings and libraries. The exhibits are very uneven,
some being painfully meager and ill considered by the authorities in
charge and others bearing evidence that officials are beginning to
appreciate the inestimable importance of providing for the security
and preservation of official documents. This report is to be classed
with the one made last year by Professor Osgood of Columbia Uni-
versity on the Records of Neio York. It covers the colonial and
revolutionary periods, the period between 1789—1854, the records
of the local governments from 1682 to 1854, and those of the city
from 1854 to 1901, and of the county from 1682 to 1901. So far as
discovered the files are all listed, and the various efforts towards their
preservation indicated.
Some one in authority here in Iowa, the Historical Society, or the
Library Commission, or the State librarians at Des Moines should
make it their work to send some such circular to all of our public
officials in our city and county offices as Professor Osgood prepared
and sent out in the State of New York. There are scores of our city
and county collections which are now indiscriminate heaps of grimy,
mutilated records in cellars, closets and attics, and boxes. The
writer saw one such in one of Iowa's largest cities not long since.
There is need of some vigorous evangelistic work of this kind in
252 THE IOWA JOURNAL
our State because invaluable records are being recklessly destroyed
or lost or mutilated by ill usage beyond redemption.
F. I. HERRIOTT
DES MOINES, IOWA
Proceedings of the Pioneer Law Makers Association of Iowa. Re-
union 1902, held at Des Momes, February 12th and 13th, 1902.
Eighth Biennial Session. Des Moines: Bernard Murphy, State
Printer. 1902. Pp. 131.
The Pioneer Law Makers Association of Iowa was organized in
1888 largely through the personal exertions of the late George G.
Wright, who, during his whole life, retained a warm affection for
the pioneer, always recalling his finer characteristics and forgetting
his failings. In addition to the social features of the reunion, Mr.
Wright desired to keep in memory the names and the personnel of
the men who formed the early laws of the State. To separate the
Association as far as possible from political and personal prejudices,
those who were eligible to membership were designated by the fol-
lowing section: "Its members shall consist of all former State
officers, including members and officers of Territorial and State legis-
latures, Senators and Representatives in Congress, members of the
Cabinet from Iowa, United States Supreme, Circuit, and District
Judges, members and officers of constitutional conventions and State
boards of education, Judges and District Attorneys who served
twenty-five years prior to each biennial reunion."
The reunion of 1902 was attended by about forty persons. Some
of the reminiscences were quite touching. There was an interesting
discussion as to the two names from the State which should be placed
on the roll of honor in the Hall of Fame at the Centennial Louisiana
Purchase Exposition in St. Louis.
Prominent among the names brought forward were the early
pioneers, Senators Dodge and Jones, and Charles Mason, Chief Jus-
tice of the Territory and of the State. The trend of opinion seemed
to settle upon the statesmen who were prominent during the Civil
War. Among these Governor James W. Grimes was without dissent
the first choice of the Association.
OF HISTORY AND POLITICS 253
Mr. Grimes was unquestionably the ablest man of his day in the
State. He outlined the policy of the Constitutional Convention of
1857 and moulded State legislation while he was Governor and for
some sessions before. To his cool judgment and unbounded in-
fluence our State, cities, and counties owe the freedom from large
corporate indebtedness which almost overwhelmed Illinois, Missouri,
and other States during the period of early railroad construction.
The constitutional provisions limiting corporate and State debt are
today a tribute to the wisdom and foresight exercised by him at a
time when public sentiment ran wild in the other direction.
As a member of the United States Senate from 1858 to 1868, Mr.
Grimes had few equals and no superiors in devising means to meet
the exigencies of those trying times. I have thought that his position
on the impeachment of Andrew Johnson was the greatest act of his
life.
William F. Coolbaugh, a radical Democrat who had no sympathy
with his anti- slavery views, was, nevertheless, a warm, personal
friend of Mr. Grimes. When I first knew them they roomed to-
gether at the Clinton House in Iowa City. In general matters of
State policy they were in accord. Mr. Coolbaugh afterwards told
me that when it became apparent that Senator Grimes would vote in
favor of acquitting President Johnson he went to Washington for
the special purpose of advising him against such a course. He said
to Mr. Grimes: — You are the idol of your party in Iowa. The party
is radical in the extreme and wrought almost to frenzy by the murder
of Lincoln and the apostacy of Johnson. You are the most sensitive
man I ever knew. By the course you propose you will bring upon
yourself the vengeance of your party, and your State will disown
you. You will not outlive this action a year. The reply of Senator
Grimes was: — I have considered all this. But my position is right,
and if I die tomorrow I shall vote as my convictions dictate. I have
no respect for President Johnson personally and less for his policies.
But I believe each department of the government is independent;
and so long as his official acts are not in violation of the Constitution
254 THE IOWA JOURNAL
and the laws, the President cannot be removed by the joint action of
the House and Senate merely for a difference of views or for official
acts that are entirely within his own jurisdiction.
Mr. Coolbaugh's prediction was fulfilled. A cry went over the
State that Grimes had turned traitor to the party. Shortly after this
he was stricken with paralysis, resigned his place in the Senate, and
did not long survive. It is universally admitted now that he was
right. It would be difficult to point out any official act in his public
career of which the same might not be said.
Next to Grimes in the discussion, the preference of the Associa-
tion was divided between Harlan and Kirkwood. Harlan filled a
place in the Senate during the war and the reconstruction period.
His course met the approval of his people. His encounter with
Sumner was brought up, and the consensus of opinion was that he
came out of the contest by no means second.
As Governor during the war Kirkwood developed a high order of
executive ability. The State met all demands for men and money
made upon it, and no citizen of Iowa can look upon his administra-
tion without a feeling of pride. Upon the stump he expressed his
views so clearly that the unlearned man carried home with him some-
thing which he had heard and which he never forgot; while in the
legislative halls his logic carried conviction to the most scholarly.
In this he far surpassed Mr. Harlan. To use the language of one of
the pioneers: "While we thought Harlan's arguments were all
right we sometimes thought him tedious." Kirkwood was the popu-
lar favorite, and as long as the men who heard him speak, live, he
will remain so. We believe that in all the qualities which make the
statesman he was fully equal to Harlan.
If this Pioneer Law Makers Association of Iowa does nothing
more than keep the present generation in touch with that past which
was so thoroughly stamped with the attributes of manly self reliance
in the hours of trial its mission is not in vain.
PETER A. DEY
THE STATE HISTORICAL SOCIETY OF IOWA
IOWA CITY
OF HISTORY AND POLITICS 255
Studies in United States History. By SARA M. RIGGS. Ginn & Co.
1902. Pp. 173.
The object of this little volume is clearly set forth in the first
sentence of the preface. "It is an attempt (1) to place before the
pupil such topics, questions, and material as will lead him in his
study to a thorough comprehension of the facts of American history
in their relation to each other, and (2) to present the subject as a
connected whole, in accordance with the principles of its develop-
ment." It is essentially a worker's hand book and is so planned as
to assist greatly the teacher in guiding the pupil to think his way
through American history and the methods of solving our nation's
civic problems.
Some of the most prominent features of the work are: a well
selected general list of references to sources, texts, and more exten-
sive works on American history; excellent suggestions to both teacher
and pupil regarding methods of study and class work; questions that
direct the pupil in attacking the work in hand; splendid lists, ac-
companying each topic, of references to sources, texts, and bits of
literature bearing upon that specific topic; lists of topics for general
research; the plan of correlation with geography, civics, and liter-
ature; and the systematic way in which the matter in hand is devel-
oped.
The work is intended to be used in grades, high schools, normals,
and preparatory schools, and is certainly a book that will do much
to put the study of our history on the proper plane in the field for
which it is designed.
J. F. MITCHELL
DRAKE UNIVERSITY
DES MOINES
Iowa Official Register. Compiled by W. B. MARTIN, Secretary of
State. Published by the State of Iowa, by order of the General
Assembly. Bernard Murphy, State Printer. 1903. Pp. 594.
The Iowa Official Register for 1903, which has recently made its
appearance, is the eighteenth volume in a series that was begun in
256 THE IOWA JOURNAL
1886 and since continued as an annual publication. There were so-
called Official Registers before 1886. Lists of county and State
officers on large cards were issued as early as 1864 for election pur-
poses. For ten years, from 1866 to 1876, with the exception of
the year 1872, these lists were printed in the set of legislative docu-
ments as a part of the census returns. The list for 1873 was also
published in separate form, as a small leaflet of nineteen pages, con-
taining simply a list of the executive and judicial officers of the
State with trustees of the State institutions. After 1876 they do not
appear in the legislative set and it is probable that after that date
similar lists of officers were compiled as separate pamphlets annually
or biennially until 1886. The State Historical Society has in its
library copies for 1873, 1881, and 1883; but unfortunately these
copies bear no internal evidence as to the frequency of issue. The
present series was begun in 1886, and has been continued along the
lines marked out in that number, the differences between the later
and the earlier numbers being the results of expansion and amplifica-
tion rather than of radical change in the character of the contents.
In 1886 the Official Register did not constitute a volume by itself.
The cover reads: Rules and Standing Committees of the Twenty -first
G-eneral Assembly with Iowa Official Register, 1886. Nor is there a
definite line of demarcation between the rules of the Assembly and
the official register proper. The book — a paper covered pamphlet
of 104 pages — contains first a list of the executive, federal, and
judicial officers, with the rules of the General Assembly; then come
the lists and general information concerning State boards and insti-
tutions, and election statistics which form the basis of the present
Official Register; and last in the pamphlet is placed the Constitution
of Iowa. In the number for 1887, which forms a volume distinct
from the rules of the General Assembly, lists of county officers and
county statistics are added, and the list of State institutions is more
complete. There is then little change until 1889, when the Register
is made more durable by board covers, and bears as a frontispiece a
portrait of one of the early Governors of Iowa — the first of a series
OF HISTORY AND POLITICS 257
of illustrations and portraits of State officials which is continued in
subsequent numbers. With the next number (1890) there are a few
added items of general interest relating to education, the census,
political platforms, and the like, which become more numerous in
1891 when we find a list of the principal officials of the United States
and of the Territories.
Still the volume does not increase materially in size. It is not un-
til 1892 that it becomes a twelvemo, which has been its size uniformly
since that date. By an act of the Twenty -fourth General Assembly
it was made a State document, its future publication assured, and its
distribution definitely provided for. A new feature of the volume
for 1893 was the statistics of the libraries in the State, a list which
has appeared with additions and corrections in each subsequent issue,
except in 1897 and 1898 when these lists were omitted. In 1900 ap-
peared a bit of historical data in the form of a list of officers of the
State government since its organization in 1846. This list, which
was omitted in 1901 and 1902, appears again in the volume for 1903.
The Official Register has constantly increased in value because of
the greater wealth of information which is being brought to it each
year and because of the better arrangement of its material. The
volume for 1903 is uniform in size and general make up with the issue
for 1902. While containing statistics of the same general character
for those in the last volume, the arrangement has been somewhat
changed. It contains one important historical feature which was
omitted in the volume for 1902, viz., a compilation of Iowa's senators
and representatives in the national legislature since the organiza-
tion of the State government, with a list of the Iowa men who have
held cabinet positions. A table of contents in addition to the care-
fully prepared index renders this issue of greater usefulness than
were the previous volumes.
In some of the mechanical details, however, the 1903 volume is
disappointing, particularly in regard to the type, which is not clear
and is often broken. The value of the library statistics is marred by
inaccuracies. The State Historical Society, for example, whose
258 THE IOWA JOURNAL
library at the present writing contains nearly 27,000 volumes, is
reported to contain 2,500. The number reported to the compiler
was 25,000. The discovery of this inaccuracy led to an investigation
of the library statistics for other libraries not only in this but in all
the volumes since 1893, with the result that similar errors were found
in a large number of cases. These are the result either of a deplor-
able method of keeping statistics on the part of the libraries them-
selves, or of errors in the editing of the reports submitted to the
compilers of the Register. Taking again as an example the State
Historical Society, whose total number of volumes as given in 1900
is 20,000, the addition of 1,000 volumes in 1901 brings the total
number in 1901 to 2,000 (according to the Register}', and though
1,200 were added to the library in 1902, a total of 2,500 is the result.
The Soldiers' Home at Marshalltown reports the total number of vol-
umes in 1899 as 1,690; but with the addition of 100 volumes in 1900
the total is still 1,690, while 9 new volumes added in 1902 gives a total
for 1902 of 1,900 volumes in the library. The statistics for the Law
Library of the State University are no more accurate. An addition
of 400 volumes to the 9,901 in the library in 1898 gives 10,260 in
1899. Although 129 volumes are added the next year, the library
sustains a loss of about 2,000 volumes, the total for 1900 being 8,527.
An addition of 708 gives 10,400 in 1901, and with an increase of 415
volumes in 1902 the whole number of volumes at the end of that year
is given as 10,878. Even the State Library at Des Moines is not ac-
curately listed; and the State University by adding 10,000 to its
20,450 in 1898 obtains as a result 32,000. Simpson College with
3,500 as the total number of volumes in 1898, upon an addition of
100 volumes reports a total of 4,000, and with 15 added in 1900, the
total number of volumes has diminished at the end of that year to
3,000.
These discrepancies are not confined to the libraries of colleges and
State institutions. The public libraries of the State have their share
of peculiar statistics. The figures for the Burlington public library
read as follows: with 16,760 as the number of books in 1898, the addi-
OF HISTORY AND POLITICS 259
tion of 513 volumes gives 17,720 in 1899. An increase of 917 in 1900
gives as a total 19,020, and a further increase of 2,'086 volumes gives
a total of 21,148 in 1901, while an additional 1,719 leaves them at
the end of 1902 with 22,802 volumes. Council Bluffs may be taken
as another example. Adding 362 volumes to 21,562 they report
17,406 in 1899. An additional 757 the next year brings the total
number up to 23,113. In 1901 the entire number of volumes is
23,923 and an increase of 897 gives 23,520 in 1902. The examples
mentioned have been taken entirely at random; similar cases are of
frequent occurrence.
It is probable that some of the losses noted are occasioned by the
withdrawal of books from circulation or similar causes; and often
upon reorganization the exact number of volumes in a library will
be ascertained when the statistics previously given were only approx-
imate, thus causing serious discrepancies in the statistics. In such
cases, however, explanations should be given. Greater accuracy in
the preparation of statistics on the part of libraries and institutions,
and more careful editing of the material submitted are imperative if
the Register is to be a source of authentic information.
MARGARET BUDINGTON
THE STATE HISTORICAL SOCIETY OF IOWA
IOWA CITY
Early Voyages Up and Down the Mississippi. By CAVELIER, ST.
COSME, LE SUEUR, GRAVIER, and GUIGNAS. With an Intro-
duction, Notes, and an Index by JOHN GILMARY SHEA. A new
edition of five hundred numbered copies, reprinted for Joseph
McDonough. Albany. 1902. Pp. viii, 191.
The first edition of this work, published by Joel Munsell in 1861
and limited to one hundred copies, has become practically inacces-
sible to the general reader. It was issued by Dr. Shea as a sequel to
his Discovery and Exploration of the Mississippi Valley, which had
appeared some years previously (1853), and was dedicated by the
author to the Historical Societies of Michigan, Wisconsin, and Iowa,
"as a token of membership." The narratives preserved in the vol-
260 THE IOWA JOURNAL
ume throw much light upon the events and conditions attending the
actual occupation of the Mississippi valley by the French.
When La Salle and Tonti, in 1681, floated out of the Mississippi
into the Gulf of Mexico the exploration of the great river was prac-
tically completed from the Falls of St. Anthony to its mouth. A
period of nearly twenty years elapsed, however, before d'Iberville
arrived in force and again planted the standard of France upon the
lower Mississippi, thus anticipating the intentions of both Spain and
England. During this period fur-traders frequently passed up and
down the river, bartering with the Indians, but no accounts of their
voyages have been preserved. La Salle too, had founded his unfor-
tunate colony of St. Louis of Texas and, in an attempt to reach his
old post at Fort St. Louis (Starved Rock) on the Illinois, then in
charge of Tonti, had been assassinated by some of his own men. Of
the party were Cavelier (La Salle's brother) and Joutel, who finally
made their way to the Illinois post and, after representing to Tonti
that La Salle was still alive and his colony in need of succour, cleared
away for France. The account of Cavelier here published narrates
the history of the colony of St. Louis of Texas, and of the several
expeditions from this base, up to a time just prior to La Salle's death.
The genuineness of the document need not be questioned; as its
veracity might well be were it not, in general, confirmed by other
contemporary accounts.
The next narrative which we have is that of Buisson de St. Cosme,
a member of the missionary party conducted by M. de Montigny
to the tribes of the lower Mississippi in 1698. This has been pre-
served in the form of a letter to the Bishop of Quebec and is here re-
produced in full, together with notes from Montigny himself and
from Thaumur de la Source.
Scarcely had these missionaries reached the field of their labors
when d'Iberville arrived. Then came Le Sueur "with thirty work-
men in the Renommee and Gironde, Dec. 7, 1699, to form an
establishment at the source of the Mississippi. The object of the
enterprise was to work a mine of green earth that M. Le Sueur had
OF HISTORY AND POLITICS 261
discovered." No account of the voyage up the river is given until
after reaching the Temarois, one of the Tribes of the Illinois who
had moved Southward, in advance of the Kaskaskias and Cahokias,
to the alluvial bottom lands opposite to and below the present St.
Louis. From here Le Sueur set out < i with a f alucca and two canoes
manned by nineteen persons." The narrative includes an account of
Le Sueur's establishment upon the Blue Earth river, near to its junc-
tion with the Minnesota.
The arrival of d'Iberville had been hailed with enthusiasm by all
the tribes of the Mississippi valley over whom the French had gained
ascendency. The Illinois nations were prepared to migrate in a body
to the lower Mississippi, regardless of consequences. Gravier, how-
ever, succeeded in restraining them, while he himself voyaged down
to the new settlements to study the situation. His journal is most
valuable, furnishing, as it does, an account of the various river tribes
as the French found them upon taking actual possession of the coun-
try. It is, withal, the most interesting and readable of all the nar-
ratives of the series.
Though the history of events along the lower Mississippi from
this time (1700 circa) forward is tolerably consecutive, the next doc-
ument extant relating to the upper course of the river bears the date
1728. It is the extract, here published, from a letter by Father
Louis Ignatius Guignas detailing the establishment of Fort Beau-
harnais at "about the middle of the north side of Lake Pepin."
The subsequent history of this outpost as also, for a considerable
period, that of the adjacent region, is almost unknown. The volume
closes with an extract from a letter by La Salle to the Marquis de
Seignelay.
Upon the whole the fragmentary documents here preserved are of
great interest and importance; and the enterprise of the publisher in
rendering them easily accessible to the general reader is to be most
cordially commended.
LAENAS GIFFORD WELD
THE STATE UNIVERSITY OF IOWA
IOWA CITY
NOTES AND COMMENT
From Houghton, Mifflin & Co. comes the announcement that Mr.
Albert Shaw, editor of the American JReview of Reviews, will con-
tribute the volume on "Iowa" for the American Commonwealths
Series. Mr. Reuben G. Thwaites will write the volume on "Wiscon-
sin."
The address delivered by Major-General Grenville M. Dodge at the
Twenty -eighth Annual Encampment of the Department of Iowa of
the Grand Army of the Republic, which was held at Des Moines on
May 21, 1902, has been published in pamphlet form. It is entitled:
Personal Recollections of General William T. Sherman.
Upon the suggestion of Mr. Charles Aldrich and through the
active efforts of Mr. A. N. Harbert a "Drummond Memorial Tab-
let" will soon be placed in the College for the Blind at Vinton,
Iowa. A fund of nearly $100 has been raised by Mr. Harbert for
this purpose. It is, indeed, time that many more historical and
memorial tablets and monuments were erected in Iowa.
Volume I of the Messages and Proclamations of the Governors of
Iowa has been announced by the State Historical Society of Iowa
(Iowa City) as ready for distribution. It contains the messages and
proclamations of Governors Dodge, Lucas, Chambers, Clarke,
Briggs, and Hempstead, covers about live hundred pages, and is
neatly bound in cloth. Volume II will be issued probably in April;
and volumes III and IV will appear before December. The price
per volume, express prepaid, is $2.00. The edition is limited to onQ
thousand copies.
Students of State politics and finance will not fail to be interested
in Dr. Frank I. Herriott's contributions in volumes III and IV of
OF HISTORY AND POLITICS 263
the Bulletin of Iowa Institutions which have appeared under the
title of Institutional Expenditures in the State Budgets of Iowa.
The subject has been discussed by Dr. Herriott under five heads.
I. The Growth of Institutional Accounts in the State. II. Sources
of Revenue. III. Method of Making Appropriations. IV. Ad-
ministrative Supervision and Audit of Institutional Expenditures.
V. Legislative Supervision and Control of Institutional Expendi-
tures.
Professor Isaac A. Loos, member of the Board of Curators of the
State Historical Society, represented the University of Iowa at the
Conference on Higher Commercial Education which was held at Ann
Arbor, Michigan, in January, under the auspices of the Michigan
Political Science Association.
The program of the eighth annual meeting of the American His-
torical Association (held at Philadelphia in December, 1902) included
two papers on Western history: The West and Nationality, by Pro-
fessor John L. Stewart; and Party Politics in Indiana during the
Civil War, by Professor James A. Woodburn.
The Nationalization of Municipal Movements, an article by Mr.
Clinton Rogers Woodruff in the March number of the Annals of the
American Academy of Political and Social Science (Philadelphia)
will be of interest in connection with Dr. Horack's article on The
League of Iowa Municipalities which appears in this number of THE
IOWA JOURNAL OF HISTORY AND POLITICS.
It is an interesting fact that Mrs. Eva Emery Dye, the author of
The Conquest, the True Story of Lewis and Clark (a book which is
noticed on page 237 of this number of THE IOWA JOURNAL) was at one
time a resident of Iowa City, Iowa, where her husband attended the
Law College of the State University. Here in the library of the
State Historical Society of Iowa Mrs. Dye began the historical
studies which have resulted in McLoughlin and Old Oregon and The
Conquest. At one time she thought of writing a story of Iowa; but
when she removed to Oregon, the plan developed into a scheme for a
264 THE IOWA JOURNAL
romance of the Northwest, which seemed more stirring in deeds and
picturesque in color.
The Evolution of the Judicial Opinion is the subject of a paper
read at Saratoga Springs at the meeting of the American Bar Associ-
ation (August 28, 1902) by Emlin McClain, one of the Justices of
the Supreme Court of Iowa. Judge McClain's paper has been issued
in a pamphlet of twenty -five pages.
In Harpers Weekly for December 13, 1902, there is a short article
on the Iowa Idea.
The addresses before the Grant Club (Des Moines, Iowa) since
October, 1902, have been: — October 23, 1902, National Politics, by
Mr. Sidney A. Foster; November 20, 1902, Alexander Hamilton, by
Mr. H. H. Stipp and Mr. J. U. Sammis; December 18, 1902, Thomas
Jefferson, by Mr. A. B. Cummins and Mr. W. W. Witmer; January
15, 1903, Daniel Webster, by Mr. J. C. Davis and Mr. Horace E.
Deemer; February 19, 1903, John Marshall, by Mr. Emlin McClain
and Mr. J. A. McCall; March 19, 1903, Benjamin Franklin, by
Mr. Allan Dawson and Mr. Wallace R. Lane.
At the regular annual business meeting of the Political Science
Club (Iowa) which was held on January 19, 1903, Prof. Benjamin
F. Shambaugh was elected President, and Prof. Frederick E. Bolton
was re-elected Secretary. Dr. Frank E. Horack, Dr. Paul S. Peirce,
and Dr. Margaret Schaffner were elected members of the Club.
Under the date of January, 1903, the "circular of library informa-
tion," issued by the Iowa Library Commission at Des Moines, ap-
pears as the Quarterly of the Iowa Library Commission. The change
of name from Bulletin to Quarterly will, perhaps, more clearly indi-
cate the real character of the circular. The January number makes
special mention of some recent publications in Iowa history.
During the months of January and February there appeared in the
columns of the Webster City papers a number of interesting reminis-
cences from the pen of Mr. Charles Aldrich, Curator of the Historical
Department of Iowa.
OF HISTORY AND POLITICS 265
In the January, 1903, number of the American Historical Magazine
and Tennessee Historical Quarterly a strong plea is made for the bet-
ter preservation of the State archives of Tennessee, wherein the estab-
lishment of a State Department of Archives and History is recom-
mended. Alabama and Mississippi have already established such
a department.
Sir George Otto Trevelyan intends to publish, this autumn, two
volumes in completion of his American Revolution.
Mr. Harold M. Bowman (of Des Moines), fellow in the School of
Political Science at Columbia University, has written a thesis on The
Administration in Iowa which will soon appear in print.
The advisability of a National Political Science Association has
become evident. A committee of fifteen gentlemen from different
parts of the United States now has the establishment of such an or-
ganization under advisement. It is hoped that when a Political
Science Association is formed it will be national in fact as well as in
name.
Mr. Charles Aldrich, Curator and Secretary of the Historical De-
partment of Iowa (Des Moines), is to be congratulated on the com-
pletion of the fifth volume of the third series of The Annals of Iowa.
The First Annual Report of the Director of the Department of
Archives and History of the State of Mississippi has appeared. In
this report the Director of the Department, Mr. Dunbar Rowland,
gives an account of ' ' the organization and activities of the Depart-
ment from March 14th to October 1st, 1902." This "State Depart-
ment of Archives and History" was established "under the auspices
of the Mississippi Historical Society" by an act of February 26,
1902. The State of Alabama has a similar Department of Archives
and History which was established by an act of the General Assembly
of February 27, 1901.
William Craig Wilcox, member of the Board of Curators of the
State Historical Society of Iowa and Professor of American History
266 THE IOWA JOURNAL
at the University of Iowa, spent the months of January, Feb-
ruary, and March, 1903, lecturing in Illinois, Wisconsin, and Penn-
sylvania under the auspices of the University of Chicago. Six
lectures on Six Critical Points in American History were given at
Wilmerding, Pa., Jacksonville, 111., Morrison, 111., Oregon, 111.,
and Milwaukee, Wis. A second course of six lectures on The Nine-
teenth Century in Europe was delivered at Alleghany, Pa., West
End (Pittsburg) Pa., Hazelwood, Pa., and Kewanee, 111. And a
third course of six lectures on The Eastern Question was given at
Chicago, 111.
In the Annals of Iowa for January, 1903, Mr. L. S. Coffin contrib-
utes an article on Safety Appliances on the Railroads. The value
of Mr. Coffin's article lies in the fact that it was largely through his
efforts that such safety appliances as are now used for coupling and
for stopping cars were adopted. To him is due the major portion of
the credit for national legislation which compelled the railroads to
make use of self -couplers and air-brakes on freight trains.
An exceedingly interesting, though very rare, little volume has
recently come into the possession of Mr. A. N. Harbert, a member
of the State Historical Society of Iowa, who is making a collection of
literature relating to Iowa history. The title-page of the volume re-
ferred to reads: An Iowa Grammar, illustrating the Principles of
the Language used by the loivay, Otoe and Missouri Indians. Pre-
pared and Printed by Rev. Wrn. Hamilton and Rev. 8. M. It-win
under the direction of the Presbyterian J3. F. M. loway and $ac
Mission Press, 18^8. This little volume, which contains xix-|-ir>2
pages, was evidently printed on the frontier.
Beginning with the issue of December 20, 1902, there has appeared
on the editorial page of the Iowa City Republican a series of articles
on the Evolution of the American System of Protective Tariffs. The
fifteen chapters which have already appeared constitute an unusually
interesting and valuable history of our American protective system.
Rarely does a daily newspaper contain discussions on the tariff of so
OF HISTORY AND POLITICS 267
scholarly a character. The author of the series is Mr. J. W. Rich,
member of the State Historical Society of Iowa.
At the Kansas City meeting in 1898 the Missouri Press Association
took the initiative in the establishment of the State Historical Society
of Missouri. In March, 1899, the new Society was incorporated,
and in May of the same year an act of the General Assembly recog-
nized the organization as a trustee of the State of Missouri. Then
followed a biennial appropriation of $4,500 by the Forty-first Gen-
eral Assembly. The First Biennial Report of the Executive Com-
mittee, for the two years ending December 31, 1902, has been made
to the Governor and is now published in a pamphlet of fifty pages.
The February, 1903, issue of Midland Municipalities contains the
following leading articles: Street Paving in Iowa, by F. M. Norris,
Mayor of Mason City; Artesian Wells in Iowa, by Samuel Calvin,
Iowa State Geologist; Report of the Committee on Franchises, by P.
J. Martin, of Waterloo, Iowa; and The Cost of Electric Street Lamps,
by G. W. Bissell, Professor in the State College at Ames, Iowa.
One of the most valuable of the recent issues of historical societies
in the United States is volume five of the Publications of the Buffalo
Historical Society (N. Y. ) which is edited by Frank H. Severance.
This volume of 535 pages contains: (1) papers relating to the War
of 1812 on the Niagara, (2) papers relating to Buffalo harbor and
early trade and travel on the lakes, and (3) papers relating to recent
events in the local "history of our own times."
A sketch of classifications, entitled The Human Races, by Duren
J. H. Ward has been recently < ' privately printed " by the author. The
pamphlet contains twenty -eight pages.
Under the title of The Story of the Forty -ninth, Captain J. E.
Whipple, late Sergeant of Company G, 49th U. S. Volunteer Infantry,
has published some "Recollections" of his regiment. The pamphlet
(which was published at Vinton, Iowa) contains sixty-six pages of
reading matter besides a large number of "pictures" furnished by
Mr. George E. Knapp.
268 THE IOWA JOURNAL
That the Masonic library at Cedar Rapids will be greatly improved
by the fitting up of the "Hull Annex" is gratifying news to all stu-
dents of history. Under the able administration of Dr. Theodore S.
Parvin and his son, Mr. Newton Parvin, the largest collection of
Masonic history and literature in the Middle West has been amassed
within the walls of this unique institution. Nor have the Parvins
ever neglected the interests of local history in the development of the
library. The "Iowa alcove" contains one of the largest collections
of Iowa history in the State.
In connection with President James' paper on State History in the
Public High Schools, which appears in this number of THE IOWA
JOURNAL OF HISTORY AND POLITICS, readers may be interested in
President Woodrow Wilson's address on The Course of American
History , which was delivered before the New Jersey Historical Society
in 1895 and published in Volume VIII of the Collections of that So-
ciety in 1900. In that address President Wilson declared that "local
history is the ultimate substance of national history;" that "the
history of a nation is only the history of its villages writ large;" that
"the right and vital sort of local history is the sort which may be
written with lifted eyes, — the sort which has an horizon and an out-
look upon the world;" that "usually the significance of local history
is, that it is a part of a greater whole;" and that local history is
"less than national history only as the part is less than the whole."
He adds that "the whole could not dispense with the part, would not
exist without it, could not be understood unless the part were also
understood."
The Political Science Club (Iowa), an association which was
founded at Iowa City in 1897 for the discussion of questions of in-
terest along the mutually related lines of history, politics, law,
economics, sociology, ethics, and public education has continued to
hold its regular semi-monthly meeting during the present academic
year. The following papers have been read and discussed: Some
Facts and Fictions Concerning Educational Values, by Professor F.
OF HISTORY AND POLITICS 269
E. Bolton, October 6, 1902; France in the Ohio Valley, by Profes-
sor L. G. Weld, October 20, 1902; Political and Industrial Greece
of Today, by Professor Arthur Fairbanks, November 3, 1902; The
History of the Tariff in the United States, by Mr. J. W. Rich, No-
vember 17, 1902; A Brief History of the State Historical Society of
Iowa, by Professor B. F. Shambaugh, December 1, 1902; The Teu-
tonic Order of Prussia, by Professor H. G. Plum, December 15,
1902; The Clearing House, by Professor Samuel Hayes, January 12,
1903; Sir Samuel Romilly and Law Reform, by Professor Charles
N. Gregory, January 26, 1903; Is Crime Increasing, by Mr. G. L.
Cady, February 9, 1903; Commercial Education — A Report of the
Michigan Meeting, by Professor I. A. Loos, February 23, 1903; The
Higher Education of Women in Spain, by Professor H. E. Gordon,
March 9, 1903; and John Marshall as a Constructive Statesman, by
Judge Emlin McClain, March 23, 1903.
It is safe to say that in the field of State administration there is
no commission, bureau, or department whose work is more effectively
performed than that of the Iowa Library Commission. Its influence
is rapidly becoming one of the moulding forces in the historical de-
velopment of our provincial life. Leaflet JVo. 2, which has been
issued by the Commission several times, clearly shows that Miss
Alice S. Tyler and her co-workers are enthusiastically in earnest in
an effort to have the public libraries of Iowa stand for good citizen-
ship and intelligent patriotism. The free public libraries are urged
to invest in the literature of Iowa history and government.
At their March meeting the Board of Curators of the State His-
torical Society of Iowa entered the following upon the records of the
Society :
" Whereas, T. Mauro Garrett, Life Member of the State Historical
Society of Iowa, died at Chicago, 111., on March 4, 1903: be it re-
solved by the Board of Curators that the following be entered upon
the records of the Society:
"Mr. T. Mauro Garrett was born in Burlington, Iowa, on Sep-
270 THE IOWA JOURNAL
tember 1, 1855. His father was William Garrett, a distinguished
citizen of Burlington. The son was educated in the public schools
of Burlington. When he reached mature years he engaged in busi-
ness in his native town. Later he moved to Chicago, where he met
and married the only daughter of Dr. Sidney Sawyer. A successful
business man, Mr. Garrett was more than a mere man of affairs. He
was always the refined educated gentleman. He was much interested
in books. American history, especially western American history,
was his chosen subject of study. He was a life member of the Chi-
cago Historical Society. In his death the State Historical Society of
Iowa loses a faithful and helpful friend."
THE IOWA SOCIETY OF THE COLONIAL DAMES OF AMERICA
Above the names of Miss Elizabeth D. Putnam, Miss Alice French,
Mrs. Emlin McClain, Mrs. Samuel F. Smith, and Mrs. James R.
Kimball, the following announcement has been sent to the universities
and colleges of Iowa:
"The Iowa Society of the Colonial Dames of America offers a
prize of twenty -five dollars for an essay on early Iowa history, writ-
ten by any undergraduate of any Iowa university or college. The
writer may choose any subject of Iowa history before 1860.
"Simply as a guide, the Historical Committee submits the follow-
ing list of acceptable subjects:
"The Louisiana Purchase as it has affected Iowa; Lynch Law in
Early Iowa; Lyceums in Early Iowa; Social Amusements of the
Pioneers; The Mormons in Iowa; Indian Treaties Relating to Iowa;
The Underground Railroad in Iowa; Railroads and Town Building
in Iowa.
"The essay must be signed by a fictitious name and be accompanied
by an envelope containing the subject of essay, the writer's real name
and a certificate from the president of his college or university that
he is an undergraduate of said college or university.
"The essays must each be accompanied by an index and biblio-
graphy.
OF HISTORY AND POLITICS 271
« * It has been suggested by a Professor of History that students de-
siring to compete for the prize, read Prof. F. J. Turner's monograph
on The Significance of the Frontier in American History, as a
model upon which to base their work.
"The essays must be sent to Miss Elizabeth D. Putnam, Chairman
of the Historical Committee, 2013 Brady Street, Davenport, Iowa,
before May 1st, 1903.
"The Professors of History in the State University, Iowa College,
and Cornell College have kindly consented to act as judges.
* < The committee reserves the right to withhold the prize if the
essays are not satisfactory.
"The essays should have no less than 1,500 and no more than
2,000 words. Three typewritten copies must be made and sent to
the Chairman of the Committee."
CONTRIBUTORS
EDMUND JANES JAMES, President of Northwestern University;
Vice President of the Board of Trustees of the Illinois State
Historical Society ; Vice President of the American Academy of
Political and Social Science; and Vice President of the National
Municipal League. Principal of High School (Evanston, 111.)
1878-9; Principal of Model High School (Normal, 111.) 1879-82;
Professor Public Finance and Administration in the Wharton
School (Uni. of Pa.) 1883-95; etc., etc. At one time editor of
the Annals of the American Academy of Political and Social
Science. Author of Relation of the Modern Municipality to
the Gas Supply; The Legal Tender Decisions; The Canal and
the Railway; Federal Constitution of Germany ; Federal Con-
stitution of Switzerland; Education of Business Men in Europe;
Charters of the City of Chicago; Growth of Great Cities in Area
and Population; Government of a Typical German City — Halle;
etc., etc.
272 THE IOWA JOURNAL
JAMES JUDSON CROSSLEY, Lawyer and State Senator. Mem-
ber of the Twenty-ninth General Assembly of Iowa. Born in
Madison County (Iowa) 1869. Graduated from the State Uni-
versity of Iowa. Graduate Student in Political Science at Yale,
1897-99. Superintendent of Schools in Madison County (Iowa)
1893-1897. Member of the American Economic Association.
FRANK EDWARD HORACK, Instructor in Political Science at
the State University of Iowa. Born in Iowa in 1873. Gradu-
ated from the State University of Iowa. Studied in Germany.
Received advanced degree from the University of Pennsylvania.
Member of the Political Science Club (Iowa). Harrison Fellow in
Political Science at the University of Pennsylvania, 1901-1902.
Author of Constitutional Amendments in Iowa, and The Organ-
ization and Control of Industrial Corporations (in press).
JOSEPH W. RICH, Member of the State Historical Society of
Iowa. Member of the American Economic Association. Mem-
ber of the Political Science Club (Iowa). Born in New Jersey,
1838. Editor of The Vinton Eagle for 16 years. Regent of
the State University of Iowa six years. Librarian of the State
University of Iowa six years. Author of the Evolution of the
American System of Protective Tariffs.
BENJAMIN FRANKLIN SHAMBAUGH, Professor of Political
Science in the State University of Iowa. President of the Politi-
cal Science Club. Curator of the State Historical Society of
Iowa. Member of the American Historical Association. Mem-
ber of the Grant Club (political). Born in Clinton County,
Iowa, 1871. Author of Documentary Material Relating to the
History of Iowa (3 vols.); Fragments of the Debates of the Con-
stitutional Conventions of 1844 wid 1846; History of the Consti-
tutions of Iowa; Messages and Proclamations of the Governors
of Iowa (4 vols.); The First Census of Iowa; Outlines of Con-
stitutional Law; etc. , etc.
THE IOWA JOURNAL
of History and Politics
JULY Nineteen Hundred Three
Volume One . Number Three
THE WISCONSIN GEEEYMANDERS OF 1891, 1892
A CHAPTER IN STATE CONSTITUTIONAL HISTORY
On the eleventh of November, 1891, the Board of Super-
visors of Adams county in the State of Wisconsin instructed
the District Attorney of that county to institute proceedings
in the courts of the State to the end that judgment might be
rendered, declaring null and void the act of the legislature
of 1891 which apportioned the State into senatorial and
assembly districts, on the ground that this apportionment
invaded the rights of the people by depriving them of equal
representation in the legislative branch of the government,
that it aimed to substitute the will of the minority for that
of the majority, and that its provisions were unconstitutional
and, therefore, directly subversive of representative govern-
ment. The population of the State having been ascertained
by the federal enumeration of 1890, as required by the
State Constitution,1 it became the duty of the legislature to
apportion and to redistrict the members of the Senate and
Assembly according to the number of inhabitants, excluding
soldiers and officers of the United States army and navy,
and Indians not taxed.
It was claimed that this apportionment should divide the
inhabitants of the State in groups, or districts, as nearly
equal as practicable; that the assembly districts should be
bounded by county, precinct, town, or ward lines, and that
1 Art. 4, Sec. 3.
276 THE IOWA JOURNAL
both assembly and senatorial districts should consist of
compact territory — the object of the constitutional pro-
vision for apportionment being to secure a practical re-
arrangement and re-adjustment of the assembly and senator-
ial districts with reference to changes in the number of
inhabitants from time to time, and as far as possible to
maintain equality of political power and rights between the
inhabitants of these various political subdivisions.
In forming these districts, local interests unified by the
acquaintance and associations of their inhabitants were to be
conserved as far as practicable. By the census of 1890 it
appeared that the total population of the State was one mil-
lion six hundred and eighty-six thousand (1,686,000).
The State Constitution limited the number of assembly dis-
tricts to one hundred, and the number of senatorial districts
to thirty -three. This limitation of the membership of the
two houses, therefore, fixed the units of representation at
sixteen thousand eight hundred and sixty-eight inhabitants
in an assembly district, and at fifty-one thousand one hun-
dred and seventeen in a senatorial.
The act of Assembly of 1891 violated these constitutional
provisions and duties, as was shown in its apportionment of
representation. Not only was the unit of representation ex-
ceeded in many districts and diminished in others, but the
assembly district in many cases was made to consist of
counties not forming a compact territory, and to include
towns outside of these counties. One district was one hun-
dred and three miles in length. In one instance between
two assembly districts there was a difference in population
of thirty thousand three hundred and twenty-five inhabit-
OF HISTORY AND POLITICS 277
ants. Other variations were flagrant. In one case there
was an excess, over the unit of representation, of fourteen
thousand seven hundred and ninety-nine persons; of sixteen
thousand nine hundred and seventy -five persons in another;
and of twenty -one thousand nine hundred and thirty-three
in a third; while in others the population fell below the
unit to the number of five thousand seven hundred and
forty-nine in one, to twelve thousand six hundred and
seventy -six in a second, and to thirteen thousand three
hundred and fifty in a third.
The apportionment also changed the senatorial districts
throughout the State so as to prevent large numbers of
electors, who had participated in the election of State sen-
ators in 1888, from participating in the election of senators
in 1894; while it permitted other electors, who had partici-
pated in the election of State senators in 1890, to participate
again in such an election in 1892. The effect of this re-
arrangement of the senatorial districts was to disfranchise
one-fifth of the total population of the Commonwealth.
In order to prevent an election under the act of 1891, the
supervisors of Adams county sought to enjoin the Secretary
of State from issuing writs for the next general election on
the eighth of November, 1892, when members of Assembly,
and State senators from the even numbered, senatorial dis-
tricts, would be elected in accordance with the terms of the
act. Unless restrained by an injunction, issued by the
Supreme Court of the State, the Secretary would issue the
writs; in which event it was declared that the electors of
Adams county and its inhabitants and the inhabitants of the
State would be greatly injured in their political powers,
278 THE IOWA JOURNAL
rights, and liberties as granted them by the Constitution.
In order that the case might be heard and determined with-
out delay, the Adams county supervisors presented their
petition for the injunction in the Supreme Court of the
State and averred the invalidity of the act of apportionment
of 1891. The District Attorney of Adams county, therefore,
became the petitioner, for the supervisors, to the court,
praying leave to bring action there in the name of the State,
on the declaration of the Attorney -General of the State or
in the name of the county of Adams, or of its District At-
torney, or otherwise as the court might direct, to restrain
the Secretary of State perpetually from making, publishing,
and delivering the notices of election of members of the
Senate and Assembly as directed by the objectionable law.
The Attorney -General, upon this relation of Adams
county and of its District Attorney, with the consent of the
Supreme Court, came before its justices at the capitol, in
the city of Madison, in the name of the State and showed
that, under the practice of the court and the laws of the
State, persons and corporations having grievances and
claiming the exercise of the prerogative powers of the court
to secure their rights, could be heard in the court only
through the office of the Attorney -General of the State or
through other parties by the consent of the court. The
Attorney -General was unwilling that any parties claiming
an injury to their rights, remediable by a judgment of the
court, should be denied the use of his official name, as the
law officer of the State, simply because that officer might not
fully be convinced of the just claim of the party to be re-
lieved; therefore, without assenting or dissenting as to the
OF HISTORY AND POLITICS 279
truth of the allegations of the complaint he brought the
question of the constitutionality of the act before the court.
Thus the State of Wisconsin became the plaintiff and the
Secretary of State became the defendant in the case, and
the first procedure was to determine whether or not the
Secretary might be properly restrained from delivering
notices of election of members of the Senate and Assembly
under the act.
The original jurisdiction of the court was thus invoked to
restrain the Secretary and his successor in office from giving
notices of election of members of the legislature, on the
ground that the act of 1891 was unconstitutional. The
Board of Supervisors of Adams county adopted their reso-
lution on the eleventh day of November, 1891. On the
seventh of the following January the District Attorney of
that county caused notice to be given to the Attorney -Gen-
eral of the State that, in obedience to the resolutions of the
supervisors, he desired to institute an action in the Supreme
Court in the name of the Attorney -General.
Eight days later the petition of the District Attorney of
Adams county was filed, setting forth specifically the wrongs
of which the complaint was made. On the day following,
the security for costs was furnished by Adams county; on
the twenty-first, the Attorney -General notified the attorney
for the petitioner that application has been made to the
Supreme Court to begin an action for the purposes prayed
for in its petition; and on the second of February the court
granted leave to bring suit.
The Secretary of State was required by law1 to make out
1 Wisconsin Laws, 1883, Sec. 1, chap. 327.
280 THE IOWA JOURNAL
a notice in writing, between the first day of July and the
first of September in each year in which members of Assem-
bly and State senators were to be elected for a full term,
stating what senators were to be chosen at the next elec-
tion, specifying the districts in which they were to be
elected, publishing a copy of the notice in a newspaper
printed in the capital once a week until the day of election,
and also transmitting a copy to the clerk of each county in
which an election was to be held.
To the complaint filed by the plaintiff answer was made
by the respondent — the Secretary of State — that the com-
plaint did not show that the District Attorney of Adams
county had any interest in the subject matter which would
entitle him to a standing in court to petition for a relief
from a real or supposed grievance; nor had the court any
jurisdiction in the case; nor did the complaint state wrongs
recognizable in a court of equity; and finally, that the com-
plaint failed to show that the act of 1891, either in letter or
in spirit, was any violation of the Constitution of Wis-
consin.
The question on which the action of the court turned was
whether the subject matter of the complaint was one affect-
ing the sovereignty of the State, its franchises, or its prerog-
atives.1 The question at issue, therefore, involved the juris-
diction of the court and the unconstitutionality of the law.
The jurisdiction of the court depended upon its powers
under the Constitution of the State, which vested original
jurisdiction in the court to issue writs of habeas corpus,
1 State Ex rel. Drake vs. Doyle, Sec. State, 40 Wis. 186; Atty.
Gen. vs. Eau Glair, 37 Wis. 442.
OF HISTORY AND POLITICS 281
mandamus, injunction, quo warranto, certiorari, and other
remedial and original writs. The constitutional provision
that the court should have power to issue these writs and to
hear and determine them conferred the fullest jurisdiction.1
All judicial power in matters of law and equity are lodged
in the courts.2 The Constitution did not define any of the
terms describing the above mentioned writs. The full mean-
ing of its language had to be ascertained by an examination
of the decisions of the court itself and of other courts.
There was slight doubt of the power of the court to issue
a writ of quo warranto. It had been issued in an action
where an information had been filed charging the defend-
ants and others with exercising the powers of banking with-
out authority of law.8 So, too, the writ had been issued to
determine what person had been elected Governor of the
State.4
In cases in which State officers had been clothed with
power under the Constitution to perform certain adminis-
trative acts, the original jurisdiction of the court had been
exercised in issuing a writ of certiorari. So a State Super-
intendent of Instruction had been commanded to send up
for review his proceedings in determining upon an appeal a
question relating to the division of a school district;5 and
the writ had been issued to affirm his action in reversing, on
1Wis. Con., Art. 7, Sec. 3.
a Art. 7, Sec. 2.
"Atty-Gen. vs. Blossom, 1 Wis. 317.
4Bashford, relator, vs. Barstow, respondent, 4 Wis. 567; also cases
quoted in Simmons' New Wisconsin Digest, i, p. 716, Col. 2. part 2.
•State Ex rel. Morland vs. Whitford, 54 Wis. 150; 6 Political
Science Quarterly, 493.
282 THE IOWA JOURNAL
appeal, the determination of the district school board that a
certain child was not a resident in a school district in the
sense that he was entitled to the privilege of attending the
public school in that district gratis.1
The ministerial action of State officers had been controlled
through the exercise of the original jurisdiction of the court
by means of a writ of mandamus, as when a Secretary of
State had been compelled to revoke the license of a foreign
insurance company,2 and when a writ was invoked on behalf
of the State as a purely prerogative right in matters publici
juris it was held that the court had no discretion and that
the writ goes ex debito justitice* By this writ a Secretary
of State had been compelled to audit a claim, and it was
held that the court had a right to direct him as to the ques-
tion of interest allowed.4
Through this writ the court could require the Board of
State Canvassers to determine, in accordance with law,
which one of the candidates for the office of representative
in Congress was entitled to a certificate of election.5 So by
writ of mandamus the Secretary of State, State Treasurer,
and Attorney -General, ex officio land commissioners, had
been compelled to issue patents for State lands to certain
petitioners. 6
1 State Ex rel. School Die. vs. Thayer, Supt., 74 Wis. 150.
2 State Ex. rel. Drake vs. Doyle, Sec. State, 40 Wis, 175.
3 State Ex rel. Continental Ins. Co. vs. Doyle, Sec. State, 40
Wis. 220, 236.
4 State Ex rel. Sloan et al. vs. Warner, Sec. of State, 55 Wis. 271.
5 State Ex. rel. McDill vs. Board of State Canvassers, 36 Wis. 498.
6 State Ex rel. Com. Pub. Lands, 60 Wis. 344; 70 Wis. 627; 73
Wis. 211.
OF HISTORY AND POLITICS 283
From these decisions it was claimed that a State officer
was not clothed with discretion in the performance of official
duty; that his action would be reviewed by the court, which
would compel him to perform his duty according to law;
and that in all cases the court would interpret the law and
the Constitution and compel action accordingly.
In all matters publici juris affecting the sovereignty of
the State, its franchises, or prerogatives, or the liberties of
the people, the writ of injunction issues as a matter of strict
right and duty, and the court had no more discretion to
withhold it to restrain violation of public right than to
withhold mandamus to enforce public duty.1 The phrase
"liberties of the people" in judicial sense signifies the aggre-
gate political rights and franchises of the people of a State
at large.2
It was claimed that the cases involving the apportionment
of the State under the act of 1891 affected the liberties of
the people; that the provisions of the law, if carried out by
the Secretary of State, would violate the Constitution and
deprive a large portion of the inhabitants, that is, electors of
the State, of an equal and just proportion of political power
and right in the choice of representatives in the legislature;
in which case the legislative body would restrain the liberty
of every citizen of the State. With equal right it might
change the laws relating to inheritance and the jurisdiction
of property. It might raise or lower the rates of taxation ;
or largely increase the number of officials in the State and
^tty-Gen. vs. Railways, 35 Wis. 425 and 595; State Ex. ret.
Atty-Gen. vs. Eau Clair, 37 Wis. 400.
2 In re Pierce, 44 Wis. 441.
284 THE IOWA JOURNAL
the expense of maintaining them; or determine the fees of
all officials who enforced the mandates of the court.
From this review of these cases it was maintained that
there could be no controversy over the original jurisdiction
of the court to control the action of the Secretary of State
in the discharge of his duties, which, as in giving notice of
election, were purely ministerial and involved no element of
discretion.1 There was no doubt that, were the act of 1891
a constitutional provision, and were the Secretary of State
inclined for any reason to disregard it, and were he to
refuse to call the coming election under the law, the court
would send its mandate to him to compel him to obey the
law. If it appeared that the law which he proposed to obey
was clearly in violation of the Constitution, the court was
under a solemn duty to act with equal promptness in re-
straining him from doing a great public wrong.
Chief-Justice Ryan had distinguished between the action
on a writ of injunction and that of mandamus. Mandamus
commands; injunction forbids. Mandamus compels duty;
injunction restrains wrong; and there is sometimes a doubt
which is the proper writ to issue. It was safe to assume
that the Constitution gives injunction to restrain excess in
the same class of cases in which it gives mandamus to sup-
ply defect.2
Nor were there wanting cases from the supreme courts of
other Commonwealths which illustrated the doctrine. The
Auditor of the State of Ohio had been enjoined for the pur-
1 Martin, relator, vs Doyle, Sec. State, 38 Wis.92; State Ex rel. vs
School Dis., 65 Wis. 631.
2 Railway Cases, 35 Wis. 520.
OF HISTORY AND POLITICS 285
pose of protecting a United States bank in that State in the
exercise of its franchises, whicfy were threatened in 1824
by an act of the State legislature in violation of the Consti-
tution of the United States.1
So the Governor and other State officers acting as a
Board of Liquidation had been restrained from carrying out
the provisions of a State law in liquidating an indebtedness
claimed to be due from the State, on the ground that such
action would impair securities already issued and thus vio-
late the obligation of the contract.2
In general the United States courts clearly established
the doctrine that in the exercise of equitable jurisdiction
the officers of a State could be enjoined from proceeding to
act under a State law which violates the Constitution of the
United States and invades the rights of citizens of other
States.
This feature of government, the power of courts to de-
clare a law or a statute unconstitutional, is peculiar to the
American political system and may be called a discovery in
civil government. A fundamental difference between the
governmental system of Great Britain and that of the
United States is illustrated in the place and function of the
judiciary in the American system, to which the British sys-
tem has no corresponding part. The law in the United
States is fundamentally set forth in a written Constitution
" established and ordained by the people of the United
States."
1Osborn vs U. S. Bank, 9 Wheaton 739; affirmed in Davis vs Gray,
16 Wallace, 803.
* Board of Liquidation vs. Maocmb, 92 U. S. 531; Mecham Pub.
Off. Sect. 997.
286 THE IOWA JOURNAL
The Constitution of the United States and the laws and
treaties made under it are the supreme law of the land.
Because of this supremacy of the Constitution the several
federal States as civil corporations maintain their existence
by express grants. The executive, legislative, and judicial
powers of the United States and of the several States are
subordinated to this Constitution and are controlled by it.
Neither the President of the United States, nor Congress,
nor the Governor of a State, nor its legislature, nor its
courts can legally exercise power inconsistent with the pro-
visions of the federal Constitution. Every State legisla-
ture, therefore, becomes a subordinate law-making body,
its laws being of the nature uof by-laws, valid whilst within
the authority conferred upon it by the Constitution, but in-
valid or unconstitutional if they go beyond the limits of
such authority."1 All the power of the English state is
concentrated in the imperial Parliament, and all departments
of government are legally subject to absolute parliamentary
control. The British judiciary does not rank with the
British Parliament as a coordinate branch of government,
and it might be modified, or even abolished, by act of Par-
liament without violation of the British principles of con-
stitutional government.
In America, on the contrary, the federal judiciary is co-
ordinate with the President and with Congress, and the
State judiciary with the Governor and the legislature.
The coordination of the powers of the judiciary and the ex-
ecutive and legislature is usually set forth in a State Con-
stitution, just as the coordination in analogous federal mat-
1 Dicey, The Law of the Constitution, Lecture IV.
OF HISTORY AND POLITICS 287
ters is set forth in the Constitution of the United States.
By means of the written Constitutions of the State, and of
the United States the duties and powers of a judge, whether
federal or State, are clear. The State is, therefore, bound to
consider as void every act of the legislature inconsistent
with the State Constitution or with the Constitution of the
United States.
A State judge has before him two Constitutions, that of
the State and that of the United States. By them the pro-
cess of government, both in the Commonwealth and in the
United States, is made practically certain and clear, and one
of the chief objects of government is secured. This organ-
ization of government in the State does not merely produce
a system of checks and balances in which the coordinate
departments of the Commonwealth or of the United States
are, as it were, pitted against each other for the purpose of
conserving the interest of the State, though often conceived
as the intended expression of such checks and balances.
The existence and coordination of the three departments of
government are rather to be conceived as functional, and as
the three-fold aspect of the civil unit. The unit is repre-
sentative and consists of powers delegated by the sovereign
power in the State. The entire civil provision is, therefore,
a device whereby to conserve the interests of the civil organ-
ism; to identify them; and to free from uncertainty all civil
procedure in which they are involved.
In a representative government like our own, any confu-
sion in the terms by which its powers are delegated must
cause civil discord and prevent the people from enjoying all
the harmonious results which daily give a definition not
288 THE IOWA JOURNAL
only of popular rights and liberties, but also of the normal
progress of the State in its industrial affairs.
The judicial system in American government is illustrative
of one of the most remarkable evolutions in the modern
state; and the applications of its functions in determining
the harmonious development of civil institutions in America
constitute, perhaps, the primary evidence of the claim of rep-
resentative government to a future of wide extension in the
world.
The question whether the apportionment of representa-
tion in Wisconsin in 1891 was constitutional raised far more
than a point of technical procedure in a court of law. An
act of apportionment affects all the political interests of a
State and its citizens, and is of such fundamental importance
as to conserve and correlate or to imperil them. The in-
terpretation of the validity of that act must necessarily test
the nature of American representative government. In the
course of that interpretation not only appears the power of
the legislature to make such an apportionment as inter-
preted by the coordinate branch of the government, the
supreme court, but there also appear the principles of gov-
ernment upon which such an apportionment must be made;
the application of these principles by the legislature in a
legislative act; the interpretation of that act by a coordinate
branch of that government; the duties of ministerial officers
in the State in the execution of the terms of that act; or,
fundamentally, and in brief, the relations which exist be-
tween the three representative agencies in the State, the ex-
ecutive, the legislative, and the judiciary.
An act apportioning representation thus becomes a test of
OF HISTORY AND POLITICS 289
the quality of representative government in a free common-
wealth; and in its comprehensiveness, in its political effect,
in the relations in which it places one elector to another,
and groups of electors to other groups, in its effect in equal
izing the representation of the citizens of the State, it is a
process which exemplifies the character of the administra-
tion of public affairs. Tested by the principles of repre-
sentative government, an act apportioning representation is
the evidence of a sound or of an unsound condition of the
State. The judicial department, therefore, becomes the one
tribunal through which the unlawful assumption of power
by the legislative body can be prevented and by which the
action of all legislative bodies can be restrained according to
the provisions of a written Constitution.
The relation between courts of justice and the legislative
authority is clearly laid down in the Federalist. u There is
no position," says Hamilton, " which depends on clearer
principles than that every act of a delegated authority, con-
trary to the tendency of the commission under which it is
exercised, is void. No legislative act, therefore, contrary
to the Constitution, can be valid. To deny this would be
to affirm that the deputy is greater than his principal, that
the servant is above his master, that the representatives of
the people are superior to the people themselves, that men
acting by virtue of powers delegated may do not only what
their powers do not authorize but what they forbid. If it
be said that the legislative body are themselves the consti-
tutional judges of their own powers and that the construc-
tion they put upon them is conclusive upon the other de-
partments, it may be answered that this cannot be the
290 THE IOWA JOURNAL
natural presumption where it is not to be collected from any
of the provisions in the Constitution. It is not otherwise
to be supposed that the Constitution could intend to enable
the representatives of the people to substitute their will for
that of their constituents. It is far more rational to sup-
pose that the courts were designed to be the intermediate
body between the people and the legislature, designed,
among other things, to keep the latter within the limits
assigned to their authority. The interpretation of the laws
is the proper and peculiar province of the courts. The Con-
stitution is in fact and must be regarded by the judges as
the fundamental law. It, therefore, belongs to them to ascer-
tain its meaning, as well as the meaning of any particular
act proceeding from a legislative body. If there should
happen to be an irreconcilable variance between the two,
that which has the superior obligation and validity ought,
of course, to be preferred; or, in other words, the Constitu-
tion should be preferred to the statute; the intention of the
people to the intention of their agents. Nor does this con-
clusion by any means suppose the superiority of the judicial
to the legislative power. It only supposes that the power
of the people is superior to both ; and that where the will of
the legislature, declared in its statutes, stands in opposition
to that of the people, declared in the Constitution, the
judges ought to be governed by the latter rather than the
former. They ought to regulate their decisions by the
fundamental laws rather than by those which are not funda-
mental."1
The Federalist, LXXVIII.
OF HISTORY AND POLITICS 291
In the Massachusetts Convention of 1820, Webster, in
discussing the independence of the judiciary, further illus-
trated the fundamental ideas thus set forth by Hamilton in
the Federalist. "It can not be denied," said Webster,
"that one great object of written constitutions is to keep
the departments of government as distinct as possible and
for this purpose to impose restraints designed to have that
effect, and it is equally true that there is no department in
which it is more necessary to impose restraints than the
legislative. The tendency of things is almost always to
augment the power of that department in its relation to the
judiciary. It is the theory and plan of the Constitution to
restrain the legislature, as well as other departments, and to
subject their acts to judicial decision whenever it appears
that such acts infringe constitutional limits. The Constitu-
tion is the supreme law. Any act of the legislature, there-
fore, inconsistent with the supreme law, must yield to it;
and any judge seeing this inconsistency, and yet giving effect
to the law, would violate both his duty and his oath.7'1
In illustration of the same principle, Chief-Justice Mar-
shall declared that the object of a written Constitution is
not only to define and limit the powers of the legislature,
but also to prevent those limits from being mistaken or
forgotten.2
No principle in American law is better established than
that of the independence of the judiciary and its right and
duty to decide the constitutionality of a law. The applica-
tion of this principle in the case affecting the constitution-
1 Webster's Works, in, 29, 30, 31.
2Marbury'ys. Madison, 1 Cranchl37.
292 THE IOWA JOURNAL
ality of the Wisconsin apportionment act of 1891 illustrated
the right and power of the supreme court of a State to enjoin
the Secretary of State from making and publishing notices
for an election under such an act. The question of jurisdic-
tion was, therefore, settled. But was the act itself unconsti-
tutional?
In order to determine whether or not the act was uncon-
stitutional, it became necessary to examine the provision of
the State Constitution concerning apportionment, and in
such an examination the debates in the convention which
framed that Constitution are primary evidence. The article
in the Wisconsin Constitution1 on the apportionment of rep-
resentation differed somewhat from the propositions on the
subject originally introduced in the convention. It was first
proposed that the members of Assembly should be chosen
by single districts, annually, on the day of the general elec-
tion, by the qualified electors of the districts, and that Sen-
ators should be chosen for two years at the same time and
in the same manner as members of Assembly. Senators
were to be chosen in each senatorial district and, at the first
session of the legislature, were to be divided by lot into
two equal classes; the seats of the first class to be vacated at
the expiration of the first year, and of the second class at
the expiration of the second year, so that one-half of the
Senate should be chosen annually.2
This provision created what is known as the double dis-
trict system — two senators in each district — and illustrates
1 Wisconsin Const., Art. iv, See's. 3, 4, 5.
2 Journal of the Wisconsin /State Constitutional Convention, Mad-
ison, W.T. Tenney, Smith and Holt, Printers, 1848, p. 117.
OF HISTORY AND POLITICS 293
the persistency of the ideas held by the framers of Constitu-
tions in the northern States, that local representation should
always be preserved. No restrictions were placed upon the
legislature in making either assembly or senatorial districts.
In the discussion of this apportionment, an amendment re-
quiring that districts containing the requisite population
should be as compact as possible was adopted without dis-
sent.1 Whether the members of Assembly should be elected
from single districts within a county, or on a general county
ticket, was finally determined by providing for single dis-
tricts.
In order to prevent gerrymandering, it was decided that
the convention itself should make the first apportionment
and not leave it either to the legislature or to the county
boards. The senatorial districts were to be of convenient
and compact territory,2 and no assembly district was to be
divided in the formation of a senatorial district.
In 1881 the Constitution of Wisconsin was amended and
the sessions of the legislature were changed from annual to
biennial. The amendment provided that members of As-
sembly should be chosen biennially by single districts; that
these districts should be bounded by county, town, ward, or
precinct lines, should consist of continguous territory, and
be in as compact form as practicable. Senators were to be
elected by single districts of convenient, contiguous terri-
tory, and, as before, no assembly district was to be divided
in the formation of a senatorial district.
1 Id. p. 255.
2 "Contiguous territory" is the wording of the clause.
294 THE IOWA JOURNAL
Therefore, in order to prove the unconstitutionality of the
act of 1891 it was necessary to show that its apportionment
did not comply with the provisions of the Constitution.
The excess over the unit of representation in certain dis-
tricts, and the deficiency in other districts, were exhibited
to prove the plain deviation. It was shown also that in the
formation of the districts the constitutional provision for
compact territory had been violated.1
The intention of the framers of a State Constitution is
best known from the debates in the convention which framed
it. The debates in the Wisconsin convention of 1848 show
that the system of apportionment, finally incorporated in
the Constitution, was to preserve county lines, which would
follow the adoption of the single district system. The
fundamental idea in representation in America, that each
county is a corporate community constituting a representa-
tive unit having communal interests, has been illustrated
repeatedly in the formation of all the State Constitutions,
and was at the basis of the theory of representation in Wis-
consin. The county should be viewed in the light of a
family. It was necessary that individual rights should be
defined and that no difficulty be left for the head of the
family to settle2 — an idea patriarchal in antiquity, and early
illustrated in the civil organization of New England as well
JThe excess or the deficiency in population in the districts, with
maps showing the union of counties or towns under the Act of 1891,
with much historical and explanatory matter, are given in an exhaust-
ive pamphlet on The Gerrymander of Wisconsin, A Review of the
Legislative Apportionment Act of 1891, by A. J. Turner, of Portage,
Wisconsin.
2 Debates, Wisconsin Convention, 1848.
OF HISTORY AND POLITICS 295
as of the middle and southern Colonies. Each organized
county was conceived as having separate interests; as being
a small republic that could not be properly represented ex-
cept by its resident citizens.1 It may be considered as set-
tled in American government that the county, organized as
a corporation, is the fundamental unit of representation, and
that a county can be represented only by its own citizens
who reside within its boundaries and who are identified with
its commercial interests.
Although Webster, in the Massachusetts convention of
1820, denied the legal and political claims which were put
forward by Judge Levi Lincoln and others in defence of
corporate representation, it must be admitted that the course
of the evolution of representative government in this coun-
try has brought out clearly and indisputably the legal and
political claims of the county to this fundamental place as
a political corporation. There was a particular application
of this idea in the making of the Wisconsin Constitution of
1848, expressed in the language of a member of the con-
vention, "that population should not be the basis of repre-
sentation," "that territory should be the basis in particular,
but population in the main,"2 implying that one county,
though small, should be entitled to representation as well
as another though large, but that the unit of representation
should be a number of people within an organized territory,
that is, within a county. Therefore, as the county lines
always partially coincided with the town and ward lines, the
meaning of the word county in the Constitution would be
1 Id. p. 385.
* Debates, p. 390.
296 THE IOWA JOURNAL
wholly lost if, in the apportionment of representation,
these lines were disregarded. This interpretation conforms
to that principle of constitutional law laid down by Justice
Cooley, that effect is to be given if possible to the whole
instrument, and to every section and clause, and in favor of
a construction which will render every word operative. :
What power authorizes an apportionment of representa-
tion to be made? Does it reside in the legislature, or is the
legislature to be an agent in exercising that power? A
power affecting so fundamentally the interests of the people
of the State must be defined in a written Constitution, in
order to avoid the civil confusion which its abuse would
produce. An apportionment of representation by the legis-
lature, therefore, involves the powers of the legislature, and
the relative authority of a legislative act and of the Consti-
tution itself. Such an apportionment must have for its
original authority the will of the sovereign power in the
State, which, in the American political system, resides in
the people and not in any branch or department of govern-
ment.2 The Constitution, therefore, limits the power of the
legislature. It does not merely direct what the legislature
shall do, but forbids the legislature to do certain things.3
In construing a Constitution, the same rules in the interpre-
tation of language are applicable as in construing the acts
of a legislature. 4
, Constitutional Limitations, 5th ed. , pp. 70-71.
2Bashfordvs. Barstow, 4 Wis. 567.
3 State Ex rel. Brayton vs. Merriman, 6 Wis. 14; Varney vs.
Justice, 86 Ky., 569.
4 1 S. & B. Am. Stat. p. 35.
OF HISTORY AND POLITICS 297
The Constitution and a law passed by a legislature are
not of the same rank; when they conflict, the law must give
way to the Constitution. It is the function of the courts to
determine whether such conflict exists.1
The rapid strengthening of the national government has
attracted to it the attention of statesmen and of writers on
government and jurisprudence, but little attention has been
given to the development of government in the Common-
wealths; yet without a knowledge of this development it is
impossible to understand the origin, nature, and evolution
of American democracy. Of the principal aids in our under-
standing of the government of the Commonwealths there
exists the work of the constitutional conventions, much of
which exists in print; the acts, public and private, of State
legislatures, nearly all of which are printed; the ordinances
of cities, and the reports of judicial decisions in the superior
courts of record in all the States. In the determination of
constitutional questions the proceedings in constitutional
conventions are primary evidence, and it may be laid down
as fundamental in American government that in the inter-
pretation of a State Constitution the meaning of words as
construed by the people at the time of its adoption and the
remarks made by the members of the convention which
framed the fundamental law are strong primary evidence.2
The principle has been touched on by Justice Cooley, that
.every Constitution has a history of its own which is likely
Constitutional Limitations, 5th ed., p. 55.
2 Railway Co. vs. Taylor Co., 52 Wisconsin 37, 63, 64. Cooley,
Constitutional Limitations, p. 81. Bay City vs. State Treasurer, 23
Mich. 506.
293 THE IOWA JOURNAL
to be more or less peculiar, and unless interpreted in the
light of its history is liable to be construed to express pur-
poses which were never in the minds of the people when
agreeing to it. In the interpretation of a Constitution,
therefore, a court of law keeps in mind this history and the
times and circumstances under which the Constitution was
formed, in order to "enforce the law which the people have
made and not some other law which the words of the Con-
stitution may possibly be made to express." 1
It follows that when a Constitution prescribes the manner
of making an apportionment of representation, it is, in
effect, a prohibition of any manner save that prescribed.2
An act of a legislature evading or invalidating the purpose
of the Constitution, whether expressed or implied, is, there-
fore, void.3 A provision of the Constitution which declares
the manner in which an apportionment should be made must
be construed according to the ordinary meaning of words as
understood at the time when the Constitution was made,
and if by clear expression, or by implication, the legislature
be excluded from pursuing any course, such limitation is as
valid as if the legislature were prohibited from that course
by a special provision of the Constitution. The effect is the
same as if the legislative act were repugnant to such a
special provision.4 A constitutional provision is not merely
directory, to be obeyed at the discretion of any of the de-
partments of the government;5 such a provision is mandatory.
People vs Harding, 53 Mich. 485.
2 State Ex rel Murphy vs. Barnes, 24 Florida 29.
8 People vs. Albertson, 55 N. Y. 50.
4 Page vs. Allen, Penn. State 338; S. C., 98 Am. Dec. 272.
6 Hunt vs. The State, Texas and S. W. in. 233.
OF HISTORY AND POLITICS 299
The legislature in making an apportionment must not
deviate from the mandate of the Constitution; nor can it be
conceived to have any discretion in the exercise of its pow-
ers in making an apportionment. It must proceed accord-
ing to the plain interpretation of the language of the Con-
stitution itself. It might be said that when a legislature
lays off a State into congressional districts it exercises a
political, discretionary power, for which it is responsible to
the people. It may be asked what is the distinction be-
tween the political and the legislative power? The Consti
tution might have vested the power to make an apportion-
ment of representation in the Governor, in the courts of
law, or in a commission specially organized for the purpose.
In 1870 the people of Louisiana empowered the Governor
and Secretary of State to " ascertain and fix the apportion-
ment of the State for members of the first house of repre-
sentatives." In Ohio, by the Constitution of 1850, the power
for making such apportionment was vested in a board of
State officers. In either case the power to district a State
would be restricted by the Constitution itself. Legislative
power extends only to the making of laws, and in its exer-
cise it is limited and restricted by the paramount authority
of the Federal Constitution and of State Constitutions. Po-
litical rights do not differ, as subjects of legislation, from
any other rights of a free people. An apportionment of rep-
resentation affects the interests of political parties, but such
interests are in no instance cognizable under a State Consti-
tution. In the administration of the affairs of a Common-
wealth, its counties and towns are political subdivisions and
are factors to be considered by the legislature in its acts.
300 THE IOWA JOURNAL
The legislature which violates a restriction of the Constitu-
tion relating to these counties and towns, or one relating to
their powers of local self-government, by depriving them of
the right of self-government and the equality of representa-
tion, transcends its powers.
It is not enough that an apportionment of representation
merely redistricts the State. The power of the legislature
is not absolute in such an apportionment and the courts
must determine its constitutionality. An apportionment
act must be strictly construed; because the State Constitu-
tion expressly indicates the direction in which the legisla-
ture shall go in making such an apportionment. There are
powers of the legislature under the Constitution which are
not so restricted; but an examination of all the State Con-
stitutions, from the earliest to the latest, discloses the grad-
ual and closer definition of the process by which an appor-
tionment of representation shall be made. Directly after
the Revolution this definition of process began and it has
continued until the present time with ever increasing preci-
sion, and consequently with limitation of the power of the
legislature to apportion representation.
The whole weight of representative government falls upon
the equality of representation. Any variation from a basis
of equality will disturb the civil poise. This process of de-
fining the duties and powers of a State legislature in appor-
tioning representation is from uncertainty at the close of the
eighteenth century to certainty at the close of the nine-
teenth, and the language of the Commonwealth Constitu-
tions themselves demonstrates that it was the intention of
the framers that the power of apportionment should be
OF HISTORY AND POLITICS 301
strictly construed. A certain definition of the powers of
each branch of the government; a certain definition of the
rights which the people have delegated to their represent-
atives; a certain definition of what rights they have retained
unto themselves; — these can be made by a written Constitu-
tion. The limitation on the power of State legislatures,
which has developed so rapidly in the later State Constitu-
tions in the numerous inhibitions on special legislation, are
of a similar nature although not of a similar rank with the
limitation upon the legislature in making an apportionment
of representation.
Early in our national history, Mr. Justice Paterson, of the
Supreme Court of the United States, defined the relation of
legislatures to the Constitution: they are the creatures of the
Constitution; they owe their existence to the Constitution;
they derive their powers from the Constitution. It is their
commission, and, therefore, all their acts must be comform-
able to it or else they will be void. The Constitution is the
work, the will, of the people themselves in their original
sovereign, unlimited capacity; law is the work, the will, of
the legislature in their derivative, subordinate capacity.
The one is the work of the creator, the other of the creature. l
If an act of the legislature districting a State is declared
unconstitutional, it does not follow that the court would
thereby make an apportionment act and substitute its judg-
ment for that of the legislature. Such an assumption con-
fuses two departments of government. The court in declar-
ing a law unconstitutional does not thereby make a new law.
It is the function of a court of justice to declare the law.
JVan Horn vs. Dorrance, 2 Dallas 308.
302 THE IOWA JOURNAL
It is the function of a court to determine whether the con-
stitutional provision for an apportionment of representation
has been obeyed by a legislative act brought before it for
adjudication by due process of law.
It was contended by the learned counsel who represented
the State against the Secretary of State in the case involv-
ing the Wisconsin apportionment of 1891, that the act
violated the provisions of the Constitution, and that the
court had jurisdiction to determine not only the constitu-
tionality of the act, but also to issue an injunction pro-
hibiting the Secretary from issuing notices of election under
the act.
The decision of the court was long and able. It affirmed
its own jurisdiction in the case, which meant that the ques-
tion involved was one publid juris, presenting a case in
which the interposition of the court was required to preserve
the State's prerogative of legislation, because the Senate
and Assembly elected under an unconstitutional apportion-
ment act would not be bodies which could lawfully exercise
the prerogatives of legislation. The court had original
jurisdiction because the apportionment act, if unconstitu-
tional, would deprive the people of equal representation in
the legislature, a right guaranteed them by the Constitution.
Nor was the jurisdiction of the court an invasion of the
constitutional provisions of the legislative department, but
an inquiry into the constitutionality of the law. The case
concerned matters strictly publici juris in which no one citi-
zen had any special interest other than those common to all
citizens. The case was, therefore, properly brought by the
Attorney -General in the name of the State on a complaint
OF HISTORY AND POLITICS 303
made to him by a private citizen;1 nor was it necessary that
the private citizen should be joined with the Attorney -Gen-
eral in the complaint, nor that it be shown that either he or
that citizen had any special interest in the case.
An act of the legislature apportioning the State into sen-
ate and assembly districts is passed in the exercise of its
legislative and not of its political power, and, therefore, the
constitutionality of such an act is the subject of judicial in-
quiry. The Secretary of State is a ministerial officer, and
his duty in respect to the notices of the election of members
of the Senate and of the Assembly under an apportionment
act are ministerial, not political; if such an act is unconsti-
tutional, he may be restrained by injunction from proceed-
ing under it.
The provisions of the Constitution requiring the legisla-
ture to apportion the State are mandatory and not subject
to legislative discretion. And when the Constitution de-
clares that assembly and senatorial districts shall be
bounded by county, precinct, town, or ward lines, and shall
consist of contiguous territory in as compact form as prac-
ticable, the integrity of county lines must be preserved and
the formation of a district partly out of one, or of more
than one county, or of a fraction of another county, or of
fractions of several counties, can not be made, and such a
law violating the Constitution will be void.
Such a law further violated the Constitution in its appor-
tionment of population, for the Constitution required the
apportionment of the State to be according to the number
of inhabitants. As the number of senators and of members
A. J. Turner, Esq., of Portage, Wisconsin.
304 THE IOWA JOURNAL
of Assembly are determined by the Constitution, the unit of
representation could, therefore, be known upon the basis of
the federal census. An apportionment by which the most
populous senate district contained sixty-eight thousand and
the least populous thirty-seven thousand, and by which the
most populous assembly district contained thirty-eight thou-
sand and the least populous six thousand, was not an appor-
tionment according to the meaning of the Constitution. The
several provisions of the act apportioning the State were
largely dependent on each other; therefore, if some of the
districts were apportioned unconstitutionally the entire act
would be void. *
The court in this celebrated case not only entered into an
examination of its own jurisdiction, but also with equal
learning set forth several principles of representative govern-
ment in America. The question before the court affected
the integrity and stability of the political system. An ap-
portionment act affects no one class of people, no one local-
ity, but all the people of a State in their collective and in-
dividual rights and interests. Such an act can not be de-
clared void because it was supposed to violate the natural,
social, or political rights of the people, unless it was made
clear that the act was violative of rights guaranteed or pro-
tected by the Constitution. It would not be sufficient to
show that the act violated principles of government unle'ss
these principles were placed beyond legislative encroach-
ment by the Constitution itself. Nor was it sufficient that
1 State Ex rel. Atty-Gen. vs. Cunningham, Sec. of State, Circuit
Court of Wisconsin, March 22, 1892. Northwestern Reporter,
Vol. 51, 725.
OF HISTORY AND POLITICS 305
the act in a general sense was opposed to the spirit of the
Constitution. The unconstitutionally of such an act con-
sisted in its repugnance to the expressed provision of the
Constitution and to those limitations necessarily or conclu-
sively implied from it; for in all matters of unlimited dis-
cretion, or in matters involving only considerations of pub-
lic policy, the determination of the legislature must be final
and conclusive. The courts could not change it.
Nor could the act be held void because of any supposed
improper motives or unconstitutional intentions of the legis-
lative body which had passed it. Reasons of public policy
forbade a judicial inquiry made with a view of defeating the
operation of any public legislative enactment. The motives
of the legislature are not the subject of judicial inquiry.
Such an inquiry can only be made into the powers of the
legislature under the Constitution. The ancient doctrine
that the king can do no wrong applies to the motives of the
legislative body, for it is never supposed that the legislature
has acted improperly, unadvisedly, or from other than pure,
public motives under any circumstances, when acting within
the constitutional limits of its authority.
The rights to be guarded by an apportionment act are of
such a character that provisions regarding them in the Con-
stitution are to be construed as mandatory and not as direct-
ory merely. The language of a Constitution, therefore, was
a proper subject for interpretation, under the general princi-
ple that effect is to be given to every clause or word of a
statute, and that no word was to be treated as unmeaning if
a construction could be legitimately found which would pre-
serve it and make it effectual — a rule applicable with special
306 THE IOWA JOURNAL
force to written Constitutions, in which the people are pre-
sumed to have expressed themselves in careful and measured
terms corresponding in importance to the powers delegated,
leaving as little as possible to implication.1
The entire constitutional history of Wisconsin showed
that it was the intention of the makers of the Constitution
of 1848 to avoid opening the door to gerrymandering. In
consideration of all the facts and circumstances, and having
due regard to the language of the Constitution, the court
was compelled to the conclusion that the Constitution was
not intended to permit the legislature to dismember any
county in the formation of districts, but that the legislature
was prohibited from placing one county, or more than one,
and a portion of a county, or portions of two or more coun-
ties, in the same assembly district, and that such prohibi-
tions were found in the constitutional provision which re-
quired that assembly districts should be bounded by county,
town, or ward lines.
The principle of apportionment according to population
was violated in the act of 1891. "The county is the pri-
mary territorial unit in the formation of assembly districts,
and members of Assembly must first be apportioned to
counties." There must, therefore, be substantial equality
of representation in proportion to population as between all
the different counties, and between districts composed of
two or more counties.2 As the assembly districts were the
unit of civil measure, the senatorial districts could not be
formed until the assembly districts had been properly ap-
1 Cooley, Constitutional Limitations , p. 72.
2N. W. Reporter, Vol. 51, p. Y44.
OF HISTORY AND POLITICS 397
portioned. The act of 1891 was, therefore, unconstitutional
and void.
Because of this adjudication the Governor of the State,
on the first day of June, 1892, issued a proclamation con-
vening the legislature in special session on the twenty-eighth
day of the month, to apportion the State into senatorial and
assembly districts.
The legislature assembled and apportioned representation
in the State, but its act was as much in violation of the Con-
stitution as the act which the court shortly before had de-
clared unconstitutional and void, and this second apportion-
ment act became the subject of judicial examination in the
Supreme Court on the ground that, like the preceding act, it
was unconstitutional. The apportionment of 1892 varied but
little in its method from that of 1891. Although it appor-
tioned the State according to the divisions of county, town,
and ward lines, like the preceding act, it grouped the popula-
tion unequally, so that the variation from the unit of repre-
sentation was a deficiency of more than twenty thousand of
the population in the fourth senatorial district and an excess,
in the seventeenth district, of nearly fifteen thousand. Sim-
ilar variations from the representative unit were made in the
assembly districts.
Meantime a similar case of the violation of representation
had arisen in Michigan,1 and the Supreme Court of that
State declared that the time had arrived for plain speech
against the outrageous practice of gerrymandering which
had become so common in the country. It had been too
long suffered without rebuke and it threatened not only the
1 Giddiugs vs. Blackner, 52 N. W. Rep. 544.
308 THE IOWA JOURNAL
peace of the people but the permanency of free institutions.
The rights of the people could be saved by Congress alone,
who could give them a fair count and equality of represen-
tation. Every intelligent school boy knew the motives of
these legislative apportionments. "It is idle for the courts
to excuse the act on other grounds, or to keep silent on the
real reason, which is nothing more or less than partisan ad-
vantage taken in defiance of the Constitution and in utter
disregard of the rights of the citizen."
The principle of apportionment was well illustrated by
Webster, in 1832, in his report to the Senate on the appor-
tionment of representation in the United States. A Consti-
tution must be understood not as requiring an absolute rela-
tive equality, because that would be demanding an impossi-
bility, but as requiring Congress to make an apportionment
of representation among the several States according to their
respective numbers as near as may be. That which cannot
be done perfectly must be done as near perfection as possi-
ble. If exactness from the nature of things cannot be ob-
tained, then the greatest possible approach to exactness
should be made.1 Congress is not absolved from all rule
merely because the rule of perfect justice cannot be applied.
In such cases the approximation becomes the rule, it takes
the place of that very rule which would be preferable, but
which is found to be inapplicable, and because it is an obli-
gation of binding force; the nearest approximation to exact
truth or exact right, when either cannot be reached, prevails
in every case, not as a matter of discretion but as an intel-
ligible and definite rule, dictated by justice and conforming
1 Webster's Works, in. p. 375:
OF HISTORY AND POLITICS 309
to the common sense of mankind; a rule of binding force in
each case to which it is applicable, and no more to be de-
parted from than any other rale or obligation.1 So it may
be laid down as settled in State government that represen-
tation shall be apportioned to population as near as may be.2
It may also be laid down as a fundamental principle of
American government that in apportioning representation
the discretion of the legislature is limited by the mandates
of the Constitution which are to be carried out as nearly as
possible. The purpose of the written Constitution is to
eliminate from legislation the element of mere arbitrary dis-
cretion. Otherwise the legislature will trample upon the
Constitution, and the statute will take the place of the fun-
damental law of the Commonwealth. Equality of repre-
sentation is a principle in American government; therefore
it was never contemplated in a Constitution that one elector
should possess more influence than another in the person of
a representative or a senator. Each elector in the Common-
wealth is possessed under the Constitution of equal power
and influence, and such equality lies at the basis of free gov-
ernment. The right to equal suffrage is a high right exer-
cised by a citizen in a free country, and equal representation
is the expression of that right in the making and in the ad-
ministration of the laws of the land. A written Constitu-
tion fixes the right of the elector beyond dispute. It re-
duces his rights and privileges to a certainty, of which a
court of justice can take cognizance. The legislature can-
not deprive him of his right to such equal representation.3
1 Story, Commentaries, n, 682, note, and Kent Commentaries, i, 231.
8 People vs. Cannaday, 73, N. C. 198.
3 Vol. 52, N. W. Reporter, 946.
310 THE IOWA JOURNAL
It was argued, in defense of the second gerrymander in
Wisconsin, that an equal apportionment of property was a
sufficient equivalent for a variation in population in two dis-
tricts— a doctrine which was a revival and a perversion of the
doctrine of property as a basis of government advocated by
Webster seventy years before. In this second decision,
handed down by the Supreme Court of Wisconsin, on the
seventh of October, 1892, the opinions in the previous case
were re- affirmed, with the additional opinion that when a
district with less population than another was given the
same representation because of the greater value of the prop-
erty in it and on account of the nature and character of its
population and of its business interests, a constitutional ap-
portionment of representation had not been made. Not
only should such a district be bounded by county, town,
precinct, or ward lines, and consist as far as practicable of
contiguous territory in compact form, but the legislature in
its apportionment should also make the districts as nearly as
may be according to the number of inhabitants; an unequal
districting was beyond the discretionary power of the legis-
lature. l
The evil running through these unconstitutional acts was
their assumption that the only limit to the discretionary
power of the legislature, in making such apportionment, was
the major and minor fractions of the unit of representation;
in asserting a broad discretionary power in the formation of
assembly districts by giving to the inhabitants of one as-
sembly district three times the representative power pos-
1 State Ex rel. Lamb vs. Cunningham, Sec. of State, N. W. Re-
porter, Vol. 53, p. 35.
OF HISTORY AND POLITICS 31 1
sessed by another; and in the formation of senatorial districts
by giving to the inhabitants of one of them more than twice
the representative power possessed by the inhabitants of an-
other. For such obnoxious standards the Constitution gave
no warrant and would not bear such a construction.
The first Wisconsin case was the first in this country in
which an entire apportionment act was passed upon by a
court. The attorneys representing the interests of the Com-
monwealth were in great doubt whether the court would
take jurisdiction of the case, but the court placed no ob-
stacle in the way and the matter of jurisdiction proved to be
a simple one. The case is also important as sustaining the
right of a private citizen to bring an action publici juris
without the consent of the Attorney -General.
The great significance of the judicial decisions in these
cases implies that the power which a legislative body is
compelled to exercise by the Constitution cannot be consid-
ered as discretionary. The constitutional rights of the citi-
zen to equal representation and a just apportionment of
representation in the Commonwealth are mandatory upon
its legislature.
FRANCIS NEWTON THORPE
MT. HOLLY, NEW JERSEY
NOTE: The Wisconsin gerrymander of 1891 is the subject of a valu-
able pamphlet by A. J. Turner, of Portage, Wisconsin. Mr. Turner
inaugurated the test case in the Supreme Court of the State. In
1893 Mr. Turner generously placed in my hands a copy of his pam-
phlet together with copies of the briefs filed by both sides in the Wis-
consin gerrymander cases. Of counsel, in this case, among others,
were Hon. William F. Vilas, in support of the constitutionality of the
act of 1891, and Hon. John C. Spooner, against its constitutionality.
F. N. T.
ANTHROPOLOGICAL INSTRUCTION IN IOWA
In the January number of THE IOWA JOURNAL OF HISTORY
AND POLITICS the writer discussed the Historico- Anthropo-
logical Possibilities in Iowa. It is desirable now to ask
how such anthropological possibilities are finding expres-
sion through the organized means of public instruction? To
what extent has Anthropology been taught, or to what ex-
tent is it being taught? What agencies are active in dissem-
inating it? Judged by these agencies, what is the estimate
placed upon it by our educational authorities? Compared
with the stress laid upon it by the national government
and by some of our higher institutions of learning, where
does Iowa rank?
The academic side of this inquiry is answered in the large
by two articles from the pen of Dr. George Grant McCurdy,
of Yale University. In these articles Dr. McCurdy gives
the results of inquiries from the principal universities and
colleges of Europe and the United States. He desired to
learn the amount and character of instruction in, or of tend-
ency toward, anthropological subjects.1
IOWA WORKERS OF FORMER YEARS
In that aspect of Anthropology which has been most
cultivated in Iowa it was shown, in the article referred to
as having appeared in a previous number of THE IOWA
'See Science for December 22, 1899, and February 7, 1902.
OF HISTORY AND POLITICS 313
JOURNAL OF HISTORY AND POLITICS, that much valuable in-
formation is at hand and much more is waiting to be uncov-
ered by the diligence of students who should now presum-
edly be working in this field. It was pointed out that in
anthropological interests Iowa presents the finest of possi-
bilities. Again, it is known that Iowa has produced more
than her quota of original or pioneer workers. These
investigators have done a great amount of profitable labor,
though the results have not been put together. Indeed,
the public is not aware of the really creditable efforts in
which it shares the honor. Several of the most eminent
Anthropologists and Ethnologists in America to-day have
either been raised upon Iowa soil, or, at least, have had a
considerable amount of their schooling in the study of
archaeological remains and other anthropological investiga-
tions in this State. I refer of course to William J. McGee,
Frederick Starr, William H. Holmes, Frank Russell, to the
various men connected with the Davenport Academy of
Sciences during its years of growth and usefulness, and to
the men who have written for and supported The Annals of
Iowa. In any adequate treatment of this subject, the work
of these and other investigators should severally receive
attention. They have done much in the way of u Anthro-
pological Instruction," chiefly because of their love of
science, and not so much as part of any organized educa-
tional effort toward such an end. It is doubtful if any
other State in the Union has furnished so many Anthropol-
ogists of the first rank.1
1 It is perhaps not altogether creditable to our State enterprise that
not one of the four Anthropologists just named has been kept within
our borders. — EDITOR.
314 THE IOWA JOURNAL
In addition to those already mentioned, there have been
numerous workers who have contributed much to public
intelligence and interest (if not in all cases to scientific
accuracy) by lectures, articles, pamphlets, books, and collec-
tions. Among them I must mention Charles Aldrich, W.
E. Alexander, W. V. Banta, Edwin A. Barber, F. E. L.
Beal, Major Beebe, Geo. W. Bettisworth, A. Blurner, A. L.
Brace, Allie B. Busby, Samuel Calvin, Augustus Campbell,
John Campbell, George Catlin, A. D. Churchill, E. W.
Claypole, A. J. Conant, J. B. Cutts, Robt. N. and Chas.
L. Dahlberg, M. W. Davis, Seth Dean, J. O. Dorsey, S.
B. Evans, P. J. Farnsworth, R. J. Farquharson, J. W.
Foster, A. R. Fulton, Isaac Gallard, John Garretson, J.
Gass, Charles E. Harrison, Richard Hermann, S. S. Howe,
Cora M. Jordan, Charles R. Keyes, L. G. Kimberling,
Isaac Loos, Clarence Lindley, E. P. Lynch, Garrick Mai-
lery, Benjamin Morgan, Justus M. T. Myers, Samuel
Murdoch, J. R. Nissley, Charles Negus, C. C. Nutting,
Stephen D. Peet, W. H. Pratt, S. V. Proudfit, C. E. Put-
nam, E. Schmidt, G. Seyffarth, R. E. Sloan, J. E. Stephen-
son, C. Thomas, Theron Thompson, A. S. Tiffany, William
L. Toole, G. C. Van Allen, Clement L. Webster, Charles
A. White, William Williams, F. M. Witter, and H. T.
Woodman.
THE DAVENPORT ACADEMY OF SCIENCES
Another feature worthy of special note is the contribution
made by the Davenport Academy of Sciences during the
thirty -five years of its existence. Anthropology has really
received a great deal of attention from this remarkable insti-
OF HISTORY AND POLITICS 315
tution. Many of the names above mentioned have been in
one way or another related to the Academy. In its museum
there is a large and creditable collection of objects illustrat-
ing anthropological topics. The Proceedings of the Daven-
port Academy of Natural Sciences contain many articles
descriptive of the "finds" and summarizing the discussions
and papers read at its meetings. This work, as a whole, has
commanded the respect of scientific organizations throughout
the world. Its publications have been passed in exchange
for those of other societies here and in Europe. It has
steadily accumulated these exchanges and other works until
it has a library of perhaps forty thousand volumes, printed
in more than a score of languages. In addition to this, the
Academy has from year to year maintained public lectures
and scattered its influence in definite ways through the
schools of Davenport and other places.
ANTHROPOLOGICAL COLLECTIONS
In a paper of this character there ought to be a heading
on the anthropological collections in Iowa; but it would be
hard to make any just statement or estimate concerning such
collections. The one at Davenport in connection with the
Academy by far exceeds all others. There are numerous
individual collections in many parts of the State. Some
have attracted considerable attention. Among these I
should mention those of Mr. M. W. Davis, of Iowa City,
Mr. Clement L. Webster, of Charles City, Mr. Seth Dean,
of Glenwood, etc. Certain institutions possess articles of
interest which may some day be assembled in an anthropo-
logical museum that will do credit to the State and be a
316 THE IOWA JOURNAL
center of public instruction. Such institutions are the State
Historical Society of Iowa at Iowa City, the Historical De-
partment at Des Moines, the State University, several of the
Iowa colleges, and some of the secret societies — e. g. the
Masonic Library at Cedar Rapids.
ACADEMIC INSTRUCTION
The foregoing remarks are merely suggestive of what has
been done outside the sphere of purposive, organized, edu-
cational effort. It will be seen from what follows that
anthropological instruction has entered very little into the
organic educational consciousness of the State. In occasional
departments here and there in the higher institutions a few
lectures or references are made to the science of man. Occa-
sionally a professor realizes this gap and supplies in his
course a few lectures to make the proper connections with
his subject.
The honor of the first definite college work in Anthro-
pology within the United States is believed to belong to
Rochester University, through the enterprise of Professor
Gilmore. To Iowa belongs the second place. About 1886
or 1887, Professor Frederick Starr (now of Chicago Uni-
versity) taught classes in Anthropology at Coe College.1
THE STATE UNIVERSITY OF IOWA
From the catalogue for 1902-3 the following branches,
courses, and hours of instruction are taken: — Greek, 35
1 Perhaps Harvard University has third place through Dr. Duren
J. H. Ward's lectures delivered in 1888-9. For years before all this,
Harvard, through Professor Putman, and Pennsylvania, through Dr.
Brinton had fostered the archaeological work which must pioneer the
way for Anthropology as a science. — EDITOR.
OF HISTORY AND POLITICS 317
courses, with 1218 hours; Latin, 37 — 1476; Sanskrit, 2 —
72; French, 16—1620; Spanish, 2—108; Italian, 2—108;
German, 20 — 2304; Scandinavian, 20 — 468; English, 30 —
1576; Public Speaking, 19—540; History, 14—576; Sociol-
ogy, 13— 43 2; Political Economy, 20— 6 30; Political Science,
14—648; Philosophy, 20—936; Education, 13—900; Ani-
mal Morphology and Physiology, 10 — 684; Zoology 7 — 360;
Botany, 10—576; Geology, 12—792; Chemistry, 11—450;
Physics, 16 — 558; Mathematics, 30 — 1961; Astronomy, 2 —
180; Civil Engineering, 17—1008; Anthropology, 0—28
hours; Ethnology, 0—7 hours. Total, 392 courses, 20,217
hours. Total in anthropological studies, 35 hours.
SOME DETAILED COMPARISONS
In the average college curriculum there are no superfluous
studies. Every branch has inestimable importance. The
comparisons here instituted are on the basis of the proverb,
" These ought ye to have done, and not to leave the other
undone." Among things of great value to life, the oppor-
tunity for each must be provided, and then the choice must
be left to the individuals. There is no good reason why a
college education should be marked out as four years long.
Within these years no one can take all the studies now
laid down in the catalogue. And still they are there, and
in ever greater number — for choice. Their influence, their
relative importance, are by common consent acknowledged
by their presence in the list. But there are others not yet
seen by average catalogue-makers. In the nature of things,
knowledge must increase. He errs who thinks uto finish
his education" by completing any course whatever.
318 THE IOWA JOURNAL
From the University catalogue let us next take at random
one study under each department and observe the number
of hours of instruction, i. e., the relative importance assigned
to it. Let us follow this with a chapter or section from
Anthropology or Ethnology. Sometimes there may be
analogous relationships, sometimes not. In this way, per-
haps, we may see the fact of disproportion.
GREEK — Old Greek life — House, dress, marriage, funeral,
market, trade, war, etc. 72 hours.
Ethnology — The same of Chinese, Japanese, Hindus,
Egyptian, Slavic, Scandinavian, American, Polynesian
and African peoples. 00.
ROMAN — Plautus — Captivi, Trinummus, Mensechmi, Rud-
ens, Amphitruo, Miles Gloriosus, and Pseudolus. 54 hours.
Anthropology — Beginnings of Thought-interchange —
Cries, signs, gestures, articulated vocals, language
(types: agglutinative, inflectional, monosyllabic, and
positional), records (quipos, pictographs, ideographs,
phonetics — alphabets, words, syntax, rhetoric, litera-
ture, poetry, science, history), engraving, printing,
etc. 00.
FRENCH — Merimee, Colomba, or Quatre Contes; and Al-
phonse Daudet, Tartarin de Tarascon. 450 hours.
Anthropology — Psychogeny — Origin of literature, forces
or motives developing it, stimulations, inventions,
artistic outcome in prose, poetry, etc. 000.
GERMAN — Old High — Tatian's Evangelienharinonie, Ben-
edictiner Regel, Isidor, Notker's translation of Boethius de
consolatione philosophise, and the Trierer capitulare. Also
Hildebrandslied, Muspilli, Wessobrunner Gebet, Merse-
OF HISTORY AND POLITICS 319
burger Zaubersprueche, Ludwigslied, and Otfrid's Evangel-
ienbuch. 72 hours.
Ethnology — Origin and characteristics of the German,
French, Italian, Spanish, English, Scandinavian,
Slavic, Roman. Greek, Persian, and Hindu races —
thence back again to the early Aryan, Semitic, Turan-
ian, Mongolian, etc. 00.
SCANDINAVIAN — Norse — Readings from Bjornson's Sma-
astykker, En Glad Gut, and Synnoeve Solbakken, Jonas
Lie's Fortsellinger og Skilldringer fra Norge, and Ibsen's
Et Dukkehjem. 108 hours.
Anthropology — Primitive Man — Physical, intellectual,
social and religious development of prehistoric Euro-
pean races — Canstadt, Furfooz, Cromagnon, etc. 000.
ENGLISH — Old and Middle — Chaucer's Canterbury Tales,
Langland's Piers the Plowman, Beowulf, etc. 180 hours.
Anthropology — Religiogeny — Source of religious atti-
tude (objective and subjective or external and inter-
nal); Animism, Fetichism, Revelation, Nature Wor-
ship, etc. 000.
PUBLIC SPEAKING — Literary Interpretation — Lyric, epic,
dramatic, and oratoric forms. 72 hours.
Ethnology — Ethnical cultus — Ceremonies, ordinances,
organization, orders, symbols, places, etc. 00.
HISTORY — Greece and Rome. 72 hours.
Anthropology — Historical landmarks — Yesalius, Lin-
naeus, Buffon, Blumenbach, Prichard, Boucher de
Perthes, Spencer, Darwin, Lyell, Huxley, etc. 00.
SOCIOLOGY — General — From Plato to Spencer. Social
amelioration: police, sanitation, charities, correction, public
utilities, education, etc. 108 hours.
320 THE IOWA JOURNAL
Anthropology — Sociogeny — Zoogenic associations, zo-
ogenic industry, economogeny, etc., etc. (Treated in
Sociology, first semester by several lectures.) 6.
POLITICAL SCIENCE — Historical and descriptive — Primi-
tive man, evolution, relations to Anthropology, Indo-Euro-
pean peoples, origin of government, political institutions of
Greeks, Romans, Germans, etc. 54 hours.
Anthropology — Sociogeny — Politics, origin of law and
order, justice and equity, administration and govern-
ment, etc. (Treated in Political Science, first course
by several lectures.) 10.
PHILOSOPHY — Abnormal Psychology — Perception, mem-
ory, imagination, reasoning, will and feeling discussed with
reference to sleep, hypnosis, illusions, automatisms, altera-
tions of personality, insanity, degeneracy, and crime. 36
hours.
Anthropology — Ethnical outlooks — Ideas of man's or-
igin, of relation to supernatural beings, of salvations
from certain evils, of future lives and destinies. 00.
Courses 9 and 12 of Philosophy are in close connec-
tion with chapters in Anthropology.
EDUCATION — Principles — Meaning of education from
standpoint of psychology, neurology, biology, anthropology,
sociology, heredity and environment; nervous system, men-
tal hygiene, habit, association, memory, imagination, apper-
ception, instinct, sense perception, observation, feeling,
volition, motor training, suggestion, imitation, etc., etc.
108 hours.
Anthropology — Sociogeny — Origin of purposive train-
ing, cultivation of rational selection, imitation by the
OF HISTORY AND POLITICS 321
young, primitive teaching, learning trades, origin of
schools, division of knowledge, beginnings of science,
specialization in teaching, origin of book methods,
museum collections, reactions, etc. (Touched upon
in one division under " Principles," above.) 6.
ANIMAL MORPHOLOGY AND PHYSIOLOGY — Vertebrates —
Laboratory study of representative protochordates: lamprey,
shark, skate, catfish, necturus, frog, turtle, pigeon, rabbit,
etc. 108 hours.
Anthropology — Somatogeny — Man as an organic being,
his embryological and anatomical characteristics, ori-
gin of his physiological and pathological peculiarities
(gestation, lactation, puberty, longevity, diseases, etc.)
(Incidentally touched in courses 1, 3, 8, and 10 of
Animal Morphology.) 00.
ZOOLOGY — Speculative — Theories of origin and develop-
ment of animal forms, historical review of prominent work-
ers; special attention to habits, instincts and intelligence of
animals. 72 hours.
Ethnology — Physiological varieties among races: gesta-
tion, lactation, puberty, longevity, diseases, deteriora-
tion, fertility, sterility, amalgamation, etc. 00.
(Frequent reference is made to Anthropology in the
Zoological Department.)
BOTANY — Plant physiology: laboratory and field work,
processes of absorption, assimilation, respiration, transpira-
tion, geotropism, hydrotropism, etc. 72 hours.
Anthropology — Ethnogeny — Origin of races, modes of
classification, (zoological, linguistic, mythological,
social, genealogical, etc.); evolution and race, destiny
of races. 00.
322 THE IOWA JOURNAL
GEOLOGY — Rock Types and Families. 144 hours.
Ethnology — Human Types and Families. 000.
CHEMISTRY — Aliphatic, Carbocyclic, and Heterocyclic
compounds. 144 hours.
Anthropology — Families — Consanguine, Punaluan, Syn-
dyasmian, Polyandrous, Polygamous and Monogam-
ous. 000.
PHYSICS — Heat and Thermodynamics, Alternate Currents
and Transformers. 144 hours.
Ethnology — Anatomical, Physiological, Psychological,
Sociological, Moral, and Religious Characteristics of
the Human Races. 000.
MATHEMATICS — Rectangular and Polar Coordinates; Loci
in general, including the Graphs of the Rational Integral
Function; Circle, .Ellipse and Hyperbola; Tangents, Nor-
mals and Asymptotes. 144 hours.
Anthropology — Psychogeny — The beginnings of Calcu-
lation and Computation — counting, weighing, com-
bining and generalizing things; measuring matter,
laws and processes. 000.
ENGINEERING — Mechanical and Freehand Drawing; ob-
lique, isometric, cabinet and orthographic projections and
lettering; linear perspective, shades and shadows. 72 hours.
Anthropology — Origin of Art for the eye: marking,
scratching, painting, carving, sculpturing, etc. 00.
MILITARY SCIENCE AND TACTICS. 336 hours.
Anthropology — Sociogeny — Origin of Administration or
Government, law, order, violation, civil disturbance,
war, etc. (Treated briefly in course 1 in Political
Science.) 10.
OF HISTORY AND POLITICS 323
Who will undertake to say that the subjects above named
under the paragraphs beginning "Anthropology" and "Eth-
nology" are unworthy of academic recognition? Who will
care to say that they are of less value than the studies
named before them? Is not every one conscious that they
would hold an honored place in any consensus of opinions ?
And who can render any satisfactory explanation for this
wholesale neglect?
THE STATE NORMAL SCHOOL
In the catalogue issued in June, 1902, there are offered
about 20 branches of study under the headings of 57 courses.
The number of hours not being stated, the relative propor-
tions of time given are not obtainable. They include the
customary studies and are treated in commendable spirit and
method. It does not appear that Anthropology and Eth-
nology receive any attention as sciences. Undoubtedly the
anthropological attitude and some of the facts are found in
several of the courses. No systematic study of Mankind in
the State Normal School? And yet the people who leave
its halls are expected to deal most intimately in the schools
with growing and developing human beings !
DRAKE UNIVERSITY
A study of the catalogue issued in May, 1902, shows the
following facts. In the College of Liberal Arts there are
28 branches taught in 68 courses, covering 8154 hours of
instruction. Of these Christian History and Evidences
occupy 3 courses, with 284 hours; Hebrew, 3 — 432; Ara-
maic, 1 — 28; Syriac, 2 — 116; Assyrian, 2 — 144; Semitic
Antiquities, 1 — 14; Ancient Inscriptions, 1 — 36; while
324 THE IOWA JOURNAL
Sociology and Political Economy have but 1 course with
144 hours, and Anthropology and Ethnology 0 courses with
000 hours! The College of the Bible gives 9 branches in
23 courses of 2536 hours. The descriptions of instruction
given in Physiology and Archaeology show close relation-
ship to Anthropology.
IOWA COLLEGE
In the catalogue for 1902-3, instruction leading to the
two bachelor degrees of arts and philosophy is offered in 18
branches with 148 courses and 8928 hours. Among these,
Greek. Latin, English, Mathematics, Philosophy, Political
Science and Zoology are most emphasized. 1 Music is offered
in 7 courses with 342 hours. Anthropology and Eth-
nology are not mentioned under these or other titles.
CORNELL COLLEGE
The catalogue examined is for 1901-2. Twenty-five
branches are treated in 51 courses and 6442 hours. Latin,
Greek and Engineering are strongly emphasized. The Eng-
lish Bible is studied in 2 courses of 112 hours, and Theism
and Apologetics in 2 courses of 88 hours, while Anthropol-
ogy and Ethnology are omitted.
1 This long detailed study has some rewards in the curious con-
trasts presented in certain features of the courses of various colleges.
For example, Iowa College offers 12 courses with 540 hours in Polit-
ical Science; and Drake offers 1 with 144 hours in Sociology and
Political Economy. Drake offers 10 courses with 570 hours in
Semitic Languages and Literature; and Iowa College offers nothing
in this line for bachelor degrees. Iowa College mentions 148 courses
with 8928 hours, and Drake 68 courses with 8154 hours.
OF HISTORY AND POLITICS 325
THE GEE AT OVERSIGHT
The above is a small part of the result of an analytic and.
comparative study of the courses offered in several of the
representative institutions of higher education in the State
of Iowa. The catalogues of the other colleges have also
been examined. They do not show that Anthropology and
Ethnology are offered as branches for a liberal education,
nor that their facts and laws are treated under other
branches. Thus it would appear that the two or three dozen
lectures, voluntarily given by professors in several of the de-
partments of the State University, constitute the sum of
definite academic instruction along this line within the State.
If "liberal education" includes intelligence regarding
mankind in the largest available ways, a great mistake is
being made. From the point of view of time relations, no
study can open up the mind to a realization of the vastness
and meaning of human life as can Anthropology — whose
special business it is to study man from the point of view of
origins, that is, his antiquity, the beginnings of his faculties
as human, and the first stages of his accomplishments as
conscious upward effort. Again, from the point of view of
space ralations, no other study of the " humanities" so
broadens the intelligence of man about man as "kind" as
does Ethnology — whose very essence is the study of all
kinds, the understanding of the causes for their varied racial
characteristics, for their wondrous distributions, and for
their widely varied languages, customs, societies, and re-
ligions.
326 TftE IOWA JOURNAL
A SCIENCE WITHOUT A PLACE
It is now forty years since Sir Charles Lyell published
his Antiquity of Man. In that year (1863) the London
Anthropological Society was formed. Men of science in
Paris had founded the since world- renowned Societe <VAn-
thropologie four years before, in 1859, the year in which
Darwin's epoch-making Origin of Species appeared. Since
then a long array of scientific scholarship has elaborated a
line of facts and laws strange to men before. Among books
of recent years, whose trend and central thoughts are indis-
pensable, for up-to-date culture, the following might be
mentioned: E. B. Tylor, Anthropology] E. B. Tylor,
Primitive Culture, 2 vols. ; A. De Quatrefages, The Human
Species; A. J. and F. D. Hubertson, Man and His Work;
P. Topinard, Anthropology; Fr. Starr, Some First Steps in
Human Progress; Fr. Ratzel, Mankind, 3 vols. ; Fr. Ratzel,
Anthropogeographie; E. Haeckel, Natural History of Man;
A. H. Keane, Ethnology; A. H. Keane, Man, Past and
Present; Joseph Deniker, The Races of Man; D. G. Brin-
ton, Races and Peoples; Edward Clodd, Story of Creation;
Edward Clodd, Story of Primitive Man; Henry Drum-
mond, Ascent of Man; Charles Morris, Man and His An-
cestor; Sir John Lubbock, Prehistoric Times, 6th ed.; Sir
John Lubbock, Origin of Civilization: G. De Mortillet,
Le Prehistorique; G. F. Wright, Man and the Glacial
Period; McLean, Manual of the Antiquity of Man; T. H.
Huxley, Marts Place in Nature; R. Wiedersheirn, The
Structure of Man; G. J. Romanes, Origin of Human
Faculty; O. T. Mason, Origin of Inventions; W. J. Hoff-
mann, Beginnings of Writing; E. Grosse, Beginnings of
OF HISTORY AND POLITICS 327
Art; R. Wallaschek, Primitive Music; Greddes &. Thomson,
Evolution of Sex; Ch. Letourneau, Evolution of Marriage
and the Family; J. F. McLennan, Primitive Marriage; C.
N. Starcke, The Primitive Family; Edward Westermarck,
History of Marriage; A. Sutherland, Origin and Growth
of the Moral Instinct; Lewis H. Morgan, Ancient Society.
" Anthropology is now a well established science," says
Professor Putnam of Harvard. To which of the sciences
then belongs the task of explaining why this field of knowl-
edge, cultivated so ably and by such eminent workers, has
not long ago been adopted, provided for, and unquestion-
ably and efficiently expounded in every curriculum labeled
u liberal," "higher," " advanced," or "collegiate" education?
PRACTICAL SUGGESTIONS
For the furtherance of anthropological science within
the State and elsewhere, there should now be organized an
Anthropological Academy of Iowa. It should have a branch
in every county and in every important town. It should be
founded and maintained for the development of this large
field of information and interest which is in no other way
adequately cared for.
For the complementation of the opportunities for "liberal
education, " each university and college should at the earliest
possible moment provide from one to several courses in this
rich but neglected field.
1. An introductory course in General Anthropology, or
the Science of Man as a whole, covering also a sketch of
the landmarks in the rise of this science.
2. A course in Iowa Ethnology, or the Races who have
inhabited the State.
328 THE IOWA JOURNAL
3. A course in Iowa Anihropogeny, or the Origin of
these Eaces.
4. A course in General Ethnology, or the Eaces of
Mankind.
5. Seminaries on special questions of paramount im-
portance, instituting archaeological investigations in various
parts of the State, and undertaking the collection of data
for numerous problems awaiting solution.
6. Museums should be begun by adding to and develop-
ing the present available collections by the work of students,
professors, and volunteers.
DUKEN J. H. WAED
IOWA CITY, IOWA
LETTERS BY MRS. JAMES W. GRIMES
CONTRIBUTED BY E. M. NEALLEY
The following letters by Mrs. James W. Grimes were
taken from a collection of letters which have been preserved
by Mrs. Margaret E. Nealley, whose husband, Joseph B.
Nealley, was Mrs. Grimes' brother.
LETTER TO MRS. MARGARET E. NEALLEY
WASHINGTON, March 7th, '61.
Dear Maggie:
You know there were great things to be done here which
required the most absorbing attention and the most pro-
found skill and wisdom, but I cannot say I have contributed
of my fullness in these particulars to further this great work
of saving our "ship of state" from its dreadful peril. I
have believed much in Mr. Lincoln and have waited patiently
for his coming, and now I am convinced I have not believed
amiss. The good face which inspired the confidence of my
heart is inspiring the same trust in thousands here. Such
weight is there in plain wisdom and rectitude of purpose, in
cleanness of heart and morals! They shine like a glory in
this atmosphere. "God bless old Abe!" Oh how my heart
of hearts prays it! There was much bitter feeling and
anxiety about the formation of the Cabinet, during the pro-
cess, but the work completed seems to satisfy. All who
330 THE IOWA JOURNAL
approach the President corne away with improved feeling
toward him, with confidence and respect. He looked well
on inauguration day, was very pale as he walked into the
Senate Chamber and took his seat by Mr. Buchanan. Ladies
sitting by me in the gallery exclaimed, how handsome he is!
They had heard quite a different tale, and he looked so
much better than they expected to see him that they called
him handsome. His inaugural was delivered with great
dignity and feeling, and his oath was taken as though he
felt its full solemnity. He spoke very slowly, pausing at
every sentence. And now we hope for 1
LETTER TO MRS. MARGARET E. NEALLEY
WASHINGTON, Jan. 9th, 1866.
My Dear Sister:
I anrall alone this evening, Mr. Grimes having gone to a
Committee meeting at the Capitol, and the forms of that
faraway mother and of her little child, called of her Moses,
rise before me in the deep silence and bid me write. But
how much pleasanter would it be to me could I come to you
in person for a little while and comfort my heart with a
real participation in your quiet happiness. I would be still
more pleased could you and your husband be with me in
our own cheerful rooms here for the evening. I cannot feel
quite satisfied not to have you know how things look here
where we are spending so much of our lives, — but then it is
not for us to be satisfied in any home -sense in a place where
we feel that we are only staying for a brief period, mere
sojourners, with our dear home in Iowa always in mind. I
1 The remainder of this letter is missing.
OF HISTORY AND POLITICS 331
get to feel a real homesickness after being here a few
months and am impatient to leave when the spring comes.
We are quite near the White House this winter and pass
under the very porch sometimes in coming from the Capitol.
We lift our eyes to it without any feeling of awe much less
of envy, indeed it seems a place strangely wanting in attrac-
tions, as perhaps it would necessarily after the loss from it
of such a man as Mr. Lincoln. He drew multitudes about
him from the first by the magnetism of his kind heart and
by a combination of traits that gave a strange charm to his
homely person and conversation.
Mr. Johnson is as yet hardly known by the people, and
we hear very little about him, only as we hear discussed
here in Washington his views and measures of " Reconstruc-
tion," which Congress seems determined to examine a little
before adopting. Does not Congress begin business very
carefully and promise, at any rate, not to commit the
blunder of too great haste in restoring the States that have
committed such injury to the country and to themselves by
their violent "secession?" There is no unwillingness to
deal kindly with them, but there is an anxious desire to
know the very best course to pursue. Mr. Grimes says of
the Committee, whose business it is to inquire into the con-
dition of the Southern States, that it is a very able Com-
mittee. You know the members are chosen from both
Houses.
They say we are in a very favorable part of the City this
winter for the parties and receptions and gayeties of every
description, but I am afraid the devotees of such pleasures
will gain nothing by our being here. We find there are
332 THE IOWA JOURNAL
attractions of other kinds here, a society more agreeable to
our modest tastes, or moderate tastes I might better say.
We have the Hawk- Eye and know of the fairs and con-
certs and other things of public and general interest trans-
piring in Burlington. Mr. Salter's people seem fully to
have resolved to build a new church ; but are they not going
to place it too near the Presbyterian? I understand there
will be only the space of an alley between them.
I have not been to church or hardly anywhere else as yet
this winter, as I have had colds nearly all the time, not very
bad but enough so to oblige me to be very careful, and I
fear to go to church and sit with cold feet. I wish you
could write me but will not insist upon it knowing your
many cares. I long to see the baby sometimes and think
it very hard to be always such a stranger to him that he
will not care anything about me.
I hope you and your husband are well this winter, and
that all is well at your father's house.
With love to everyone there and in the country.
Yr. aff. sister,
E. S. GRIMES.
LETTER TO JOSEPH B. NEALLEY
WASHINGTON, May 13th, 1868.
My Dear Brother:
I suppose you see by the Tribune yesterday that Mr.
Grimes is "dead," and you have probably learned before
this all the particulars of the closing scene. To my mind
there is no such evidence of life as that of a man's being
able in a time like this steadfastly to follow the dictates of
OF HISTORY AND POLITICS 333
his own clear intellect and his good conscience, — and hav-
ing taken an oath to do impartial justice in this greatest
trial known to our government, to feel bound by it in spite
of all such shameless misrepresentations and menaces as
those of the IV. Y. Tribune and other papers. The en-
closed is cut from the JV. Y. Evening Post, which I think
will seem to you as the more truthful view of things.
I believe Mr. Grimes' " opinion," which was only partly
read in the secret session on Monday, is published in the
Chicago Tribune. You will have seen it before this reaches
you. Mr. Fessenden's and Mr. Trumbull's are longer, and
Mr. Grimes says they argue the case more fully, and he
thinks their papers very able. We have seen all that is
worst in politics in the course of this trial of impeachment.
But I cannot begin to tell you in the space of this letter how
much we have felt to be involved in it.
Mary and I are packing our trunks to-day, and expect to
take leave of Washington next Monday, the 18th. Mr.
Grimes will go with us to N. Y.
I hope Maggie and the children are well. I should have
written her if I could write letters with ease as some do.
When I could write I have written to Matty from an old
habit, and you have heard from me occasionally in that way.
I have been feeling quite weak this spring, but believe I am
gaining a little now. Mr. Grimes is pretty well worn out
by this tedious trial — has l
1 The remainder of this letter is missing.
CONGRESSIONAL DISTRICTING IN IOWA
It is the purpose of this paper to outline briefly the history
of legislation on the subject of congressional districting in
Iowa — pointing out the changes made from time to time,
showing by means of maps the exact form and extent of the
districts established by the several acts of the General As-
sembly, and commenting upon the motives and circumstances
prompting alterations in the boundaries of these districts.
Prior to 1847 there were no congressional districts in the
State. From 1838 to 1846 Iowa existed as a separate Ter-
ritory, entitled to one Delegate in Congress, wlio was chosen
for a term of two years and who represented the entire ter-
ritorial area and population.1 Then came the change inci-
dent to statehood. On August 4, 1846, Congress passed
an act defining the boundaries of the State of Iowa and pro-
viding that, until the next census and apportionment, the
new State should be entitled to two seats in the House of
Representatives.2 A State Constitution was adopted, and
on December 28, 1846, Iowa entered the Union. The State
had not, however, been districted in time for the election of
that year; hence the two congressmen were chosen on a
general ticket, each to represent the State as a whole.3 Since
that time Iowa congressmen have been elected by districts,
1 Laws of Iowa, 1838, p. 38.
2 U. S. Statutes at Large, Vol. ix, p. 52.
3 The Iowa Standard, Nov. 4, Nov. 11, and Dec. 2, 1846.
OF HISTORY AND POLITICS 335
and the General Assembly has enacted seven laws respecting
the division of the State for this purpose.
THE ACT OF 1847
On December 7, 1846, the State Senate voted that a
4 'select committee of seven" be appointed to "report a bill
to the Senate, dividing the State into two congressional dis-
tricts, so as to include, as nearly as can be done, an equal
portion of the territory and an equal portion of the popula-
tion of the State in each district, and that the vote given in
August last for and against the constitution be taken as the
basis in dividing the population. " 1 This committee reported
a bill which was later referred to a selected committee of
three from each judicial district.2 From this body the bill
emerged in a somewhat modified form;8 and, after consider-
able discussion and amendment both in the Senate4 and in
the House,6 it became a law, February 22, 1847. 6 This
first statute on the subject divided the State into two con-
gressional districts : the first was to consist of the counties
of Lee, Van Buren, Jefferson, Wapello, Davis, Appanoose,
Henry, Mahaska, Monroe, Marion, Jasper, Polk, Keokuk,
and the country south of a line drawn from the northwest
corner of Polk county west to the Missouri river; the second
was composed of the counties of Clayton, Dubuque, Dela-
ware, Jackson, Clinton, Jones, Linn, Poweshiek, Benton,
Iowa, Johnson, Cedar, Scott, Muscatine, Washington, Louisa,
1 Senate Journal, 1st G. A., p. 31. * Ibid, pp. 50, 69.
3 Ibid, p. 109. 4 Ibid, pp. 117-118.
5 House Journal, 1st G. A., pp. 339, 355.
6 Laws of Iowa , 1st Sess., 1st G. A., p. 84.
336 THE IOWA JOURNAL
Des Moines, and all north of a line from the northwest
corner of Polk county west to the Missouri.
From the standpoint of area, of population, and of poli-
tics, this arrangement seems to have been equitable. Turn-
ing to Map I, on which the limits of the two districts are
indicated, we see that the dividing line marks off a southern,
or first district, and a northern, or second district, which
are fairly regular in outline, but quite unequal in area. This
inequality is, however, readily explained in this way. To
compensate for the sparse settlement of the northwest, the
eastern portion of the boundary line veers to the south so
that the comparatively dense population of the southeast
may be shared by the second district. In population, on
the other hand, the first (and smaller) district leads by more
than 2,000;x while in voters it outnumbers the second dis-
trict by about 500. 2 As to politics, each district returned a
Democratic majority of a few hundred.3 But there is little
ground for a charge of gerrymander; for, while the Whig
minority was large in each case, it was so distributed as to
make the formation of even one Whig district4 impossible,
except through the establishment of the most irregular and
unnatural boundaries.
1 Hull's Historical and Comparative Census of Iowa, p. 196.
2 The Iowa Standard, Sept. 15, 1847.
3 Ibid.
4 Whig majorities in 1847 were: — Henry 131, Jasper 38, Mahaska
25, Dallas 7, Clayton 4, Cedar 22, Delaware 20, Jones 2, Scott 13,
Muscatine 14, Washington 80, Louisa 103. Total 459. — The Iowa
Standard, Sept. 15, 1847.
OF HISTORY AND POLITICS 337
THE ACT OF 1848
Early in January, 1848, a bill was introduced into the
House of Representatives providing for the transfer of Powe-
shiek county from the second congressional district to the
first.1 Apparently without opposition, this measure passed
both houses, and on January 24 received the signature of
the Governor.2 Why this transfer was made, is not clear.
It is true that on this same January 24 the first law was
passed for the organization of the county of Poweshiek,3
whose boundaries had been fixed a few years before;4 but
this change in the status of the county did not necessitate a
change in its relation to the congressional districting of the
State. The transfer was not to equalize the population of
the two districts; for the census returns for 1847, 1848, and
1849 show that the inhabitants of the first district outnum-
bered those of the second by several thousand.5 Nor could
the political motive have been weighty; for, while the elec-
tion returns indicate a decreasing Democratic majority in
the first district and an increasing Democratic majority in
the second, the Whig majority of five in Poweshiek was
not sufficient to make any material difference in the political
complexion of either district.6 The chief merit of the law
seems to have been that it tended to straighten the dividing
1 House Journal, 1st G. A., Extra Sess., pp. 37, 64.
* House Journal, 1st G. A., Extra Sess., p. 70; Senate Journal, p.
59; Laws of Iowa, 1st G. A., Extra Sess., p. 34.
3 Laws of Iowa, 1st G. A., Extra Sess., p. 55.
4 Revised Statutes of the Territory of Iowa, 1842-1843, p. 131.
5 House Journal, 1st G. A., Extra Sess., p. 69; Hull's Historical
and Comparative Census, pp. 196, 198.
'Fairall's Manual, 1882, pp. 14, 15.
338 THE IOWA JOURNAL
line and so make the form of the districts more regular.
(See Map II).
THE ACT OF 1857
On January 24, 1857, Mr. Foster from the Senate com-
mittee on apportionment reported a bill to alter the bound-
aries of the congressional districts.1 The measure promptly
passed both houses without amendment,2 and on January
28 became a law. By its terms, three counties (Des Moines,
Louisa, and Washington) were detached from the second
district and attached to the first.3 The reasons for this
change are not far to seek. In the first place, the popula-
tion of the second district had been increasing much more
rapidly than that of the first. In 1849 the latter had num-
bered 86,899 inhabitants, while the former had only 68,074;
but in 1856 the order of precedence was reversed, since the
first district had but 222,120, whereas the population of the
second had grown to 285, 755. 4 A slight change of bound-
aries was, therefore, warranted in order to restore equality.
Moreover, several circumstances argued in favor of the
transfer of the three counties mentioned in the act. It
tended to equalize the population of the two districts, and
yet guarded against the necessity of a too early readjust-
ment, by giving the first district a slight excess of inhab-
itants to offset the more rapid increase in the second.5 Fur-
1 Senate Journal, 6th G. A., p. 450.
2 Senate Journal, 6th G. A., pp. 464, 488; House Journal, 6th G.
A., pp. 492, 516.
*Laws of Iowa, 6th G. A., p. 323.
4 Hull's Historical and Comparative Census, p. 196.
5 Ibid, p. 196. By the new arrangement the first district had
262,999 and the second 244,876 inhabitants.
OF HISTORY AND POLITICS 339
thermore, it served to secure greater regularity in the bound-
aries and forms of the districts than any other arrangement
would have done.1 But it seems also to have subserved
partisan ends. In the congressional election of 1856 the
second district returned a Republican majority of 6,017,
while the first went Republican by only 955 votes.2 The
second was safe; but no great change of sentiment would be
requisite to give the first to the Democrats. The coun-
ties of Des Moines, Louisa, and Washington alone had, in
1856, given a majority of 862 for the Republican candidate.
This vote could be shifted to the first district; and so, with-
out endangering party success in the northern district, the
Republican chances in case of general Democratic gains
would be strengthened several fold. The outcome of the
election of 1858 vindicated the wisdom of this precautionary
step; for the Republican majorities were reduced to 2,739 in
the second district and 600 in the first, while the three coun-
ties in question were carried by only 499 votes. This last
number subtracted from the 600 would have left the domin-
ant party with the uncomfortably narrow margin of 101 in
the southern district.3 The act of 1857 had relieved the
Republicans of great anxiety and fortified their success for
the future.
THE ACT OF 1862
The census of 1860 revealed marvelous growth on the
part of Iowa. During the decade then closing the popula-
1 See Maps II and III.
sFairall's Manual, 1882, p. 21.
8 Tipton Advertiser, Dec. 11, 1858.
340 THE IOWA JOURNAL
-tion of the State had increased more than 250 per cent.1 For
the same period the ratio of national representation, fixed
by Congress after the taking of each census, had been raised
only about 37 per cent.2 When the new figures for the
population of Iowa were divided by the new ratio the result
wsisjlve and a large fraction. Moreover, in 1862 Congress
decided to increase the total number of Representatives from
233 to 241, and, in recognition of the fraction above men-
tioned, to award one of these new representatives to the
State of Iowa.8 Thus the number of seats in Congress to
which Iowa was entitled was suddenly increased from two to
six. The State was to be redistricted accordingly. This
work was promptly taken up by the General Assembly. It
was on March 25, 1862, that Mr. Eaton introduced into the
House a bill which was speedily passed and presented to
the Senate on the very day of its introduction in the House.4
Here it was referred to the committee on congressional dis-
tricts, from which it was reported with important amend-
ments. Over this report a spirited discussion arose; numer-
ous additional amendments were suggested and lost; but the
bill was finally passed substantially as it came from the
Senate committee.5 Thereupon the House refused to con-
cur in the senate amendments. A committee of conference
Population of Iowa in 1850 was 192,214; in 1860, 674,913.—
Hull's Historical and Comparative Census, pp. 198-9.
2 Ratio of representation fixed after the census of 1850 was 93,500;
after the census of 1860 it was 127,941.
3 U. S. Statutes at Large, Vol. xii, p. 353. Act of March 4, 1862.
4 House Journal, 9th G. A., p. 692; vote 53 to 22.
5 Senate Journal, 9th G. A., pp. 449, 456, 516, 517, 519, 536;
vote 26 to 16.
OF HISTORY AND POLITICS 341
was chosen by each house, and a compromise measure was
agreed upon, which became a law April 5, 1862.1
By this act the State was divided into the following six
districts: The first, consisting of the counties of Lee, Van
Buren, Davis, Jefferson, Henry, Des Moines, Louisa, and
Washington; the second, of Muscatine, Scott, Clinton, Jack-
son, Cedar, Jones, and Linn; the third, of Dubuque, Clay-
ton, Allamakee, Winneshiek, Howard, Mitchell, Buchanan,
Floyd, Chickasaw, Bremer, Fayette, and Delaware; the
fourth, of Appanoose, Monroe, Wapello, Marion, Mahaska,
Keokuk, Jasper, Poweshiek, Iowa, Johnson, Tama, and
Benton; the fifth, of Polk, Dallas, Guthrie, Audubon,
Shelby, Harrison, Warren, Madison, Adair, Cass, Pottawat-
tamie, Lucas, Clarke, Union, Adams, Montgomery, Mills,
Wayne, Decatur, Binggold, Taylor, Page, and Fremont;
the sixth, of Worth, Cerro Gordo, Black Hawk, Grundy,
Butler, Franklin, Hardin, Marshall, Story, Hamilton,
Wright, Hancock, Winnebago, Boone, Webster, Humboldt,
Kossuth, Greene, Calhoun, Pocahontas, Palo Alto, Emmet,
Carroll, Sac, Buena Vista, Clay, Dickinson, Crawford, Ida,
Cherokee, O'Brien, Osceola, Monona> Woodbury, Plymouth,
Sioux, and Buncombe.2
The territorial features of this enactment are clearly rep-
resented on Map IV. Perhaps the most striking fact in this
^connection is the great inequality in the size of the districts.
1 Senate Journal, 9th G. A., pp. 550, 564, 580, 586, 595. It is
probable that this is the senatorial plan for the six districts which
is given in the Dubuque Weekly limes, April 10, 1862.
-Laws of Iowa, 9th G. A., Reg. Sess., p. 182. Buncombe was
the original name of Lyon county. The name was changed, Decem-
ber 10, 1862; — see Laws of Iowa, 9th G. A., Extra Sess., p. 22.
342 THE IOWA JOURNAL
A vast area, more than half the State, is embraced in two
districts; while the sixth district alone occupies more than
one-third of the entire Commonwealth. This is suggestive
of the unequal distribution of population throughout the
State; but the territorial inequality of the districts is by no
means commensurate with the inequality in the distribution
of population. In fact, the population of the districts varies
almost inversely as their areas. The first had 138,032 in-
habitants in 1860; the second, 125,036; the third, 128,646;
the fourth, 134,895; the fifth, 101,571; and the sixth, 46,-
732.1 Had the people of Iowa been divided equally among
six districts, made up of contiguous territory, these large
districts would have been still larger and, perhaps, would
have exceeded the limits consistent with the most serviceable
and effective representation. Nor were political considera-
tions lost sight of. The dominant party not unnaturally
looked out for its own interests. The population of the
several districts was made almost exactly proportionate to
the strength of the Democratic opposition in those districts.
The success of these party efforts was apparent in the fall of
1862; for, while the Democrats cast more than three-sevenths
of the vote of the State, each one of the new districts chose
a Republican representative.2 The distribution of territory
1 Hull's His torical and Comparative Census, p. 197.
2 Vote for congressmen, in 1862: —
PARTY
Republican.
1ST
DlST.
12705
2ND
DlST.
12433
3RD
DlST.
12112
4TH
DlST.
12900
5TH
DlST.
10306
6TH
DlST.
5396
Democratic
10486
8930
8452
11520
7346
2755
Rep. Maioritv. .
2219
3503
3660
1380
2960
2631
— FairalPs Manual, 1882, p. 26.
OF HISTORY AND POLITICS 343
and voters by which this result was accomplished was not,
however, especially remarkable or reprehensible; for, while
the Democratic vote was strong, it was so distributed as to
make the erection of more than one or two Democratic dis-
tricts (e. g. the first and fourth) impossible without resort
to palpable gerrymandering in favor of Democracy.
THE ACT OF 1872
On July 14, 1862, Congress passed a law prescribing that
in each State, entitled to more than one representative, the
number to which such State should be entitled should be
elected by districts composed of contiguous territory and
equal in number to the number of representatives to which
the State should be entitled.1 Since that time, each federal
statute relating to the number and apportionment of repre-
sentatives in Congress, has re-enacted these provisions and
has further specified (1) that the districts in each State shall
contain, as nearly as practicable, an equal number of inhab-
itants, and (2) that, if the number of representatives from
any State be increased, the State shall choose a delegate at
large until the State legislature shall have re -districted the
State.2
As Iowa legislation on the subject had hitherto been
roughly conformable to these conditions, their enactment
into national law had no appreciable effect upon the later
laws of the State relating to the congressional districting.
It may be of interest, however, to note that the first act
1 U. S. Statutes at Large, Vol. xn, p. 572.
2 U. S. Statutes at Large, Vol. xvu, p. 28; Vol. xxn, p. 5; Vol.
xxvi, p. 735.
344 THE IOWA JOURNAL
subsequent to this national regulation was that of 1872.
The congressional apportionment act of February 22, 1872,
increased the number of representatives assigned to Iowa
from six to nine.1 Even in anticipation of a new apportion-
ment, the Iowa State Senate had appointed a congressional
districting committee consisting of one senator from each
judicial district, and had later augmented the membership
of this committee by three.2 They reported a bill, which
was slightly altered, and, after the failure of numerous other
amendments, was passed by the Senate.3 Upon being sub-
mitted to the House, the bill was referred to the committee
on congressional districts, was reported favorably, and
passed without amendment,4 but by a strictly party vote,
all Democrats voting in the negative.5
This act, which was signed by the Governor, April 17,
1872, divided the State into nine districts: \he first consist-
ing of Lee, VanBuren, Jefferson, Henry, DesMoines, Louisa,
and Washington counties; the second of Muscatine, Scott,
Clinton, Jackson, Jones, and Cedar; the third, of Dubuque,
Clayton, Allamakee, Winneshiek, Fayette, Buchanan, and
Delaware; \h& fourth, of Black Hawk, Bremer, Chickasaw,
Howard, Mitchell, Floyd, Butler, Grundy, Hardin, Franklin,
Cerro Gordo, Worth, Winnebago, Hancock, and Wright; the
fifth, of Johnson, Iowa, Poweshiek, Marshall, Tarna, Benton,
and Linn; the sixth, of Davis, Wapello, Keokuk, Mahaska,
1 U. S. Statutes at Z/arge, Vol. xvn, p. 28.
? Senate Journal, 14th G. A., pp. 13, 35, 44.
3 Ibid, pp. 381, 403; vote, 34 to 7.
1 House Journal, 19th G. A., pp. 519, 549, 591, 688.
5 Iowa State Register, April 17, 1872.
OF HISTORY AND POLITICS
345
Jasper, Marion, Monroe, and Appanoose; the seventh, of
Wayne, Decatur, Clarke, Lucas, Warren, Polk, Dallas,
Madison, Adair, Guthrie; the eighth, of Binggold, Union,
Adams, Taylor, Page, Montgomery, Cass, Audubon, Shelby,
Hanison, Pottawattamie, Mills, Fremont; the ninth, of
Story, Boone, Hamilton, Webster, Humboldt, Kossuth,
Crocker,1 Emmet, Palo Alto, Pocahontas, Calhoun, Greene,
Carroll, Sac, Buena Vista, Clay, Dickinson, Osceola, O'Brien,
Cherokee, Ida, Crawford, Monona, Plymouth, Sioux, Lyon,
and Woodbury.2
The following table shows the population and the polit-
ical complexion of each district:
NUMBER OF POPULATION*
DISTRICT 1870
REPUBLICAN*
VOTE
1872
DEMOCRATIC* REPUBLICAN*
VOTE MAJORITY
1872 1872
1st District
153269
15149
10961
4188
2nd District
157725
12521
12346
175
3rd District
159617
13654
11774
1880
4th District
118385
15615
4574
11041
5th District
144364
15531
7434
8097
6th District
155585
14638
11703
2935
7th District
125211
14909
7702
7207
8th District
9th District . ...
94121
85743
1194020
12675
12402
127094
6999
6152
79645
5676
6250
47449
Total . .
JMay 13, 1870, a law was enacted erecting the northernmost town-
ships of Kossuth county into a separate county known as Crocker.—
See Laws of Iowa, 13th G. A., p. 239. But on December 11, 1871,
the Supreme Court declared the law unconstitutional on the ground
that these townships did not contain the minimum area required for a
county erected under the Constitution of the State.— Stiles Reports,
xii, 16 (old series); xxxni, 16 (new series).
2 Laws of Iowa, 14th G. A., Reg. Sess., p. 63.
3 Hull's Historical and Comparative Census, pp. 197-9.
4 Census of Iowa, 1873, p. 80; vote for congressmen.
346 THE IOWA JOURNAL
From Map V, it will be seen that these districts were
reasonably regular and that the grouping of counties was
fairly convenient from a territorial point of view; while
variation in extent of districts was naturally much less strik-
ing than before.
The case in 1872 closely paralleled that of 1862. Con-
gress had made a new apportionment in accordance with a
new census. Iowa's representation had been increased. The
Republicans were in control of the State, and sought to
secure the new districts as well as the old. The Democrats
still cast about two -fifths of the votes of the State. The
formation of a few Democratic districts would have been
easy,1 but convenience and regularity of districting did not
demand it. The Republicans lived up to all their oppor-
tunities. As in 1862, population was made to vary directly
as the strength of Democratic opposition. Eastern districts
were made the more populous, and at the first election after
the new apportionment all the districts returned Republican
majorities. But in 1872 the second district was carried by
the narrow margin of only 175 votes,2 and in 1874 the third
went Democratic by 63 votes.3
Early in 1878 a majority of the Iowa house committee
on congressional districts reported favorably a bill for the
redistricting of the State.4 The minority, however, protested
1 The second, for example, by transferring Cedar or Jones (each
with about 1400 Republican majority) to the fifth district. — Census
of Iowa, 1873, pp. 75-76.
2 Census of Iowa, 1873, p. 80.
3 Fail-all's Manual, 1882, p. 40.
4 House Journal, !7thG. A., pp. 414, 444.
OF HISTORY AND POLITICS 347
on two grounds: (1) that the census of 1880 would soon
lead to a reorganization of the districts and would probably
increase the number alloted to Iowa; (2) that the proposed
changes were unwise and unjustifiable since they affected
only the third and fourth districts and destroyed the sym-
metry of both, making both reach from the Mississippi far
westward in narrow strips of twenty-four by a hundred and
seventy -five.1 Nothing ever came of this proposition, which
was evidently an attempt to divide the Democratic vote of
the northeastern part of the State in such a way as to make
the dubious third district securely Republican.
THE ACT OF 1882
In accordance with the census of 1882, Iowa's quota of
representatives was increased to eleven. The new appor-
tionment bill was enacted February 25, 1882.2 Immediately
the question of redistricting the State was taken up in ear-
nest by the General Assembly and the press. Within two
weeks nearly a dozen plans had been published in the State
Register alone,3 and no less than four distinct bills had been
introduced in the Senate,4 and three in the House.5 In each
house these proposals were referred to the proper committee,
which, in each case, reported a substitute for the numerous
measures submitted.6 The two houses passed their respec-
1 House Journal, 17th G. A., p. 461.
2 U. S. Statutes at Large, Vol. xxn, p. 5.
"February 18, 22, 23, 24, 25, 26, March. 1.
4 Senate Journal, 19th G. A., pp. 239, 260, 288, 337.
5 House Journal, 19th G. A., pp. 324, 355.
6 Senate Journal, 19th G. A., pp. 239, 260, 292, 337, 365; House
Journal, 19th G. A., 324, 355, 479.
348 THE IOWA JOURNAL
tive substitutes almost simultaneously and, on the same day,
March 14, each was notified of the action of the other.1
In the House, the senate substitute was referred to the com-
mittee on congressional districts.2 In the Senate, the house
substitute was so amended as to change radically the com-
position and boundaries of the western districts.3 The
House refused to concur in these amendments;4 the Senate
refused to recede from its position; and a committee of con-
ference was decided upon.5 This committee agreed upon a
slightly modified form of the Senate measure,6 and their
report was adopted by both houses,7 submitted to the Gov-
ernor, and on March 23 became a law.
The arrangement was as follows: first district, made up
of the counties of Lee, Des Moines, Henry, Van Buren, Jef-
ferson, Washington, and Louisa; the second, of Jones, Jack-
son, Clinton, Cedar, Scott, and Muscatine; the third, of
Dubuque, Delaware, Buchanan, Black Hawk, Bremer, But-
ler, and Grundy; the fourth, of Clayton, Fayette, Winne-
shiek, Allamakee, Howard, Mitchell, Floyd, and Chickasaw;
the fifth, of Marshall, Tama, Benton, Linn, Johnson, and
1 Senate Journal, 19th. G. A., pp. 403-405, 428; House Journal,
19th G. A., p. 520.
2 Rouse Journal, 19th G. A., p. 526.
' 3 Senate Journal, 19th G. A., p. 446.
4 House Journal, pp. 561, 562.
5 Ibid, pp. 578, 579, 584.
6 Ibid, p. 599; Senate Journal, p. 496; State Register, March 17,
1882. Audubon was changed from the 7th to the 9th district; Kos-
suth from the llth to the 10th; Monona from the 9th to the llth.
'' 'House Journal, 19th G. A., pp. 599, 600, 604; Senate Journal,
p. 497
OF HISTORY AND POLITICS 349
Iowa; the sixth, of Jasper, Poweshiek, Mahaska, Monroe,
Wapello, Keokuk, and Davis; the seventh, of Guthrie, Dal-
las, Polk, Adair, Madison, Warren, and Marion; the eighth,
of Clarke, Lucas, Binggold, Decatur, Wayne, Appanoose,
Union, Adams, Page, and Taylor; the ninth, of Pottawat-
tamie, Cass, Mills, Audubon, Crawford, Montgomery,
Shelby, Fremont, and Harrison; the tenth, of Boone, Story,
Hardin, Hamilton, Webster, Franklin, Wright, Humboldt,
Hancock, Cerro Gordo, Worth, Winnebago, and Kossuth;
and the eleventh, of Lyon, Osceola, Dickinson, Emmet,
Sioux, O'Brien, Clay, Palo Alto, Plymouth, Cherokee,
Buena Vista, Pocahontas, Woodbury, Ida, Sac, Calhoun,
Monona, Carroll, and Greene.1
According to the census of 1880, the population was now
somewhat more evenly distributed than by any previous
arrangement, the first district having 156,972 inhabitants,
the second, 164,958, the third, 144,418, the fourth, 149,227,
the fifth, 152,112, the sixth, 146,831, the seventh, 147,125,
the eighth, 148,397, the ninth, 153,683, the tenth, 137,368,
and the eleventh, 121,534.2 But territorially the districts
of 1882 compare less favorably. On Map VI the long, slim
figures of the third and the eighth, and the ragged outlines
of the sixth especially arrest our attention. Further exam-
ination of the situation shows that these irregular boundaries
are the result of an attempt to render harmless the Demo-
cratic and Greenback opposition of the east and south.
Apparently this object had been accomplished; for on the
basis of the election returns of 1880 each of the eleven new
*Laws of Iowa, 19th. G. A., Reg. Sess., p. 150.
2 Hull's Historical and Comparative Census, pp. 196-7.
350 THE IOWA JOURNAL
districts was Republican by several thousand.1 But this
sweeping triumph was only apparent. In the fall of 1882,
the Democrats carried three Districts (the second, fourth,
and ninth), while the fifth gave a Republican majority of
only twenty -three.2 The political weakness of this grouping*
was further demonstrated in 1884, when the second, fifth, and
sixth districts went Democratic, and the vote in the first,
fourth, and ninth was very close.3 The climax, however, was
reached in 1885, when in the State election the Fusionists
carried six of the congressional districts (the first, second,
third, fifth, sixth, and ninth); while the Republicans carried
only five districts (the fourth, seventh, eighth, tenth, and
eleventh).4
Early in March, 1886, Republican newspapers and legis-
lators began the vigorous agitation of the question of reor-
ganizing the congressional districts of the State. No addi-
tions had been made to Iowa's representation in Congress;
no new apportionment bill had been passed at all. But the
press advocated redistricting on several grounds: (1) that
the increase in population since the last apportionment had
disturbed the equality then established, and so wrought
manifest injustice as among the different districts; (2) that
Iowa was a Republican State and should have a Republican
delegation in Congress, but under the present arrangement
Democrats were likely to fill a large percentage of her seats
'Fairall's, Manual, 1882, p. 49-51.
2 Ibid, pp. 58-59.
\Tbid, 1885, p. 34.
4 Census of Iowa, 1885, p. 356-397; Iowa Official Register, 1886,
p. 82.
OF HISTORY AND POLITICS 351
in the national legislature;1 (3) that redistricting in the
interests of a stronger ^Republican delegation from Iowa was
especially desirable at that time, when the Republicans had
a reasonable hope of gaining control of the next Congress.2
The relative importance of these arguments is not difficult
to determine. While the shifting of population was a mat-
ter to be taken into consideration after a redistricting had
been decided upon, it alone was not of sufficient importance
to warrant a reorganization so soon. In fact the inequal-
ities were less notable than immediately after the passage of
earlier redistricting acts.3 The paramount consideration was
political. This the press was free to acknowledge, and in
answer to Democratic criticism was cited the disfranchise-
ment of the negro in the South.4
THE ACT OF 1886
Separate bills for the redivision of the State were early
introduced into the two branches of the General Assembly.6
The senate measure was reported favorably from the com-
1 Iowa State Register, March 5, 1886 (From Dallas County News).
zIUd, March 17, 1886; March 30, 1886.
3 A comparative table may be serviceable.
No. OF DISTRICT 1862 1872 1882 1885
1st District
2nd District
138032
125036
153269
157725
156972
164958
150214
165262
3rd District
4th District
5th District
6th District
7th District
8th District
9th District
10th District
llth District
.... 128646
134895
101571
. . . 46732
159617
119385
126788
155585
125211
94117
75743
144418
149227
152112
146831
147125
148397
153683
137368
121534
146195
141681
152516
147209
160025
151967
173258
164806
200849
— See Hull's Historical and Comparative Census, pp. 196-200; also Census of
Iowa, 1888, pp. 1-81.
*Iowa State Register, March 6, March 17, April 10, 1886.
5 Senate Journal, 21st, G. A., p. 296; Souse Journal, p. 324.
352 THE IOWA JOURNAL
mittee on congressional districts;1 but during the discussion
a substitute was offered2 which was promptly accepted by
the House8 and, on April 10, received the signature of the
Governor.4 In the words of the State Register, "The
measure had the support of a strong majority, but was op-
posed by some of the strongest and best Republicans in the
House."5
This act apportioned the counties as follows: the first
district, Washington, Louisa, Jefferson, Henry, Des Moines,
Lee, and VanBuren; the second, Muscatine, Scott, Clinton,
Jackson, Johnson, and Iowa; the third, Dubuque, Delaware,
Buchanan, Black Hawk, Bremer, Butler, Franklin, Hardin,
and 'Wright; the fourth, Clayton, Allamakee, Fayette,
Winneshiek, Howard, Chickasaw, Floyd, Mitchell, Worth,
and Cerro Gordo; the fifth, Jones, Linn, Benton, Tama,
Marshall, Grundy, and Cedar; the sixth, Davis, Wapello,
Keokuk, Mahaska, Poweshiek, Monroe, and Jasper; the
seventh, Story, Dallas, Polk, Madison, Warren, and Marion;
the eighth, Adams, Union, Clarke, Lucas, Page, Appa-
noose, Wayne, Decatur, Ringgold, Taylor, and Fremont;
the ninth, Harrison, Shelby, Audubon, Guthrie, Pottawat-
tamie, Cass, Adair, Mills, and Montgomery; the tenth,
Crawford, Carroll, Greene, Boone, Calhoun, Webster,
Hamilton, Pocahontas. Humboldt, Palo Alto, Kossuth,
Hancock, Emmet, and Winnebago; and the eleventh, Lyon,
Osceola, Dickinson, Sioux, O'Brien, Clay, Plymouth, Cher-
okee, Buena Vista, Woodbury, Ida, Sac, and Monona.6
1 Senate Journal, p. 404. zIUd, pp. 688, 707, 736.
* House Journal, pp. 721, 744. 4 Senate Journal, pp. 766, 773.
5 April 10, 1886. <Zaws of Iowa, 21st G. A., Reg. Sess., p. 180.
OF HISTORY AND POLITICS 353
The first district remained unchanged. Slightly Demo-
cratic in 1885 and surrounded by Democratic counties, it
could not well be transformed into a sure Republican dis-
trict. The odd new second district was formed by taking
the Republican counties of Cedar and Jones away from the
old second and replacing them by the strongly Democratic
counties of Johnson and Iowa, thus adding nearly 1600
votes to the already heavy Democratic majority of the dis-
trict, while a 500 Republican majority was released for use
where it could be used to advantage. The elongated third
and fourth were stretched still farther westward so as to in-
clude enough Republican counties to counteract the Demo-
cratic influence of Dubuque, Clayton, Allamakee and Fay-
ette. Both were now unmistakably Republican. From the
remnants of the old second, third, and fifth was pieced to-
gether a long new fifth, solidly Republican. The doubtful
sixth remained unchanged, although various suggestions had
been made with a view to assuring it to the dominant party.1
The seventh lost Guthrie and Adair, gained Story and re-
mained decidedly Republican. The eighth gained the Dem-
ocratic county of Fremont, which its vigorous Republicanism
readily assimilated. The ninth lost Democratic Fremont
and Crawford and gained Republican Adair and Guthrie,
and so became Republican by a small majority. The tenth
exchanged Republican Worth, Cerro Gordo, Franklin,
Wright, Hardin and Story for Democratic Crawford and
Carroll and Republican Greene, Palo Alto, Pocahontas,
Calhoun and Emmet, thus retaining its position beside the
1 Ottumwa Democrat, April 11, March 5, 1886; Iowa State Register -,
March 6, 1886.
354
THE IOWA JOURNAL
depleted eleventh as an overwhelmingly Republican dis-
trict. According, then, to the vote of 1885, eight of the
new districts were Republican and three Democratic. Since
that time various changes have taken place in the political
sentiments of the voters in these several groups of counties.1
In 1888 the Democrats lost two of their districts; in 1890
they succeeded in electing five congressmen; in 1892 they
returned but one representative to Congress; while from
1894 to 1902 they failed to carry a single district. In the
campaign of 1902, Judge M. J. Wade (Democrat of the
second district) succeeded in breaking into the Iowa delega-
tion. From time to time, bills have been introduced into
the General Assembly for the reorganization of these con-
gressional districts; but all have come to nought. It is the
arrangement of 1886 which obtains to-day and which gives
to the State of Iowa one Democratic and ten Republican
representatives in the American Congress.
PAUL S. PEIRCE
THE STATE UNIVERSITY OF IOWA
IOWA CITY
1 This table gives the pluralities in each congressional district since
the last districting. Democratic pluralities are marked D; Repub-
lican, R.
No. OF DIST. 1886 1888 1890 1892 1894 1896 1898 1900 1902
1st District
R1037JR 874
D1071
R 629
R 3836
R 3295
R3249
R 3368
R 1923
2nd District
D 7300 D 5032
D9010
D7772
R 436
R 3320
R1282
R 1465
D 1158
3rd District
R 2929'R 4585
R 198
R1459
R 1459
R 10423
R7019
R 11325
R 5539
4th District
R1930
R2222
D1949
R1590
R 1590
R 8868
R7619
R 10863
R 5023
5th District
R 733
R2516
R 293
R1098
R 5774
R 7368
R5365
R 8858
R 5783
6th District
D 618
R 828
D1520
R1175
R 6836
R 1201
R1471
R 3144
R 1813
7th District
R 926
R5397
R2545
R6080
R 7225
R 6226
R7652
R 12143
R 9123
8th District
D2225
R 995
R 116
R4331
R 4134
R 827
R3824
R 5451
R 6861
9th District
R2206
R3694
D1343
R2478
R 3057
R 2382
R 4492
R 6948
R 7358
10th District
R3899
R5368
R1311
R4944
R 14357
R 10968
R7403
R 15936
R 12774
llth District
R4437
R6259
R 907
R1277
R 9981
R 6828
R6283
R 12152
R 9133
— From Iowa Official Registers.
A BIBLIOGRAPHY OF IOWA STATE PUBLICA-
TIONS FOR 1900 AND 1901
INTRODUCTION
The growing appreciation in late years of the historical
value of the United States documents, together with a more
general use of the " source method" in the study and teach-
ing of history, has awakened a keener interest in the publi-
cations of the several States. It has been discovered that
these publications contain a wealth of information — histor-
ical, political, scientific, and statistical — which is indispensa-
ble to the student of State and local history. And to those
students of our national history who have accepted the view
that State history is an essential part of American history,
supplementing at almost every point the annals of the nation,
these same publications are equally indispensable. For a
confirmation of this, it is necessary only to mention such
State publications as the following: statute laws; legislative
journals; legislative documents; official registers; supreme
court reports; and the reports of the several administrative
departments, the boards of health, the railroad commission-
ers, the bureaus of labor statistics, the State institutions,
and the various special commissions. Apart from the im-
mediate practical purpose for which all of these documents
are published by the State, they become in time invaluable
to the historian for the light which they throw upon the
social, political, and economic history of the State and
nation.
i
OF HISTORY AND POLITICS 363
But in many of the States this valuable data has too
often been inaccessible owing to incomplete or inadequate
bibliographical records. Recently in several States bibliog-
raphies have been compiled; but in Iowa no regular or com-
plete bibliography of State publications has yet been pub-
lished. It is hoped that the list given below for the years
1900 and 1901 may be the beginning of a series which will
eventually appear as a reasonably complete bibliography of
all publications issued by the State of Iowa from its organ-
ization in 1846.
The difficulties in the way of compiling such a bibliogra-
phy are very great. Completeness can hardly be expected.
It will be found impossible to secure all of the pamphlets
and miscellaneous documents which were published in earlier
days when few efforts were made to preserve State publica-
tions for their historical value. No adequate provision
seems to have been made by the State for their permanent
preservation. Many of the administrative departments do
not have in their offices in the capitol complete files of their
own publications. This is true even of the last biennial
period. These conditions make the compilation of a bibli-
ography all the more necessary, so that at least a record of
our State publications may be preserved.
There is one quarter in particular in which a bibliography
of our State publications should be welcomed. I refer to
the public libraries of the State. Many of these libraries
are now in their infancy, and few have been able to under-
take the collection and preservation even of the more valu-
able of the State publications. But in time the public will
demand that these libraries become depositories of at least
364 THE IOWA JOURNAL
the more important State documents and publications. A
reliable and reasonably complete bibliography will then be-
come indispensable to the public libraries as a check list.
The plan followed in the compilation of this bibliography
is a simple alphabetical list of the departments, institutions,
etc. , each with its publications. In each case the title page
of the publication is exactly quoted. The typography of
titles and title pages is such as to make the problem of cap-
italization a difficult one in any bibliography. There is,
perhaps, no system of rules with regard to capitalization
which can satisfactorily be followed in quoting titles of pub-
lications. In this bibliography the usual library rules are
followed, and capitals are avoided wherever practicable.
The division of titles into lines on the title page is indicated
by the insertion of uprights. Abbreviations used in de-
scribing the publications are as follows:
S. sixteenmo p. pages v. p. various paging
D. duodecimo cl. cloth illus. illustrations
O. octavo sh. sheep col. colored
por. portraits pi. plates pap. paper
The preparation of this bibliography was suggested to me
by the editor of the IOWA JOURNAL OF HISTORY AND POLI-
TICS, upon whose request the work was undertaken. To
the officers in the State departments and institutions I am
indebted for many courtesies, and especially to Mr. A. J.
Small, of the Iowa State Library, whose ready assistance
has made the task of compilation much less laborious than
it otherwise would have been.
MARGARET BUDINGTON
THE STATE HISTORICAL SOCIETY OF IOWA
IOWA CITY
OF HISTORY AND POLITICS 365
BIBLIOGRAPHY
ACADEMY OF SCIENCES
Proceedings | of the | Iowa academy of sciences | for 1900. | Vol-
ume 8. | Edited by the secretary. | Published by the state. | Des
Moines: | B. Murphy, state printer. | 1901. |
278 p. pi. O. cl.
Contents: Official directory. Constitution of the Academy. Members of the
Academy. Proceedings of the fifteenth annual session. President's address, by
W. H. Norton. Review of the Tettigonidse of North America north of Mexico, by
E. D. Ball. Morphology and function of the amphibian ear, by H. W. Norris.
Combination of chromic acid, acetic acid and formaline as a fixitive for animal
tissues, by H. W. Norris. Note on the time of sexual maturity in certain Unios, by
H. M. Kelly. Influence of chlorine as chlorides in the determination of oxygen
consumed in the analysis of water, by J. B. Weems and H. N. Grettenberg.
Diphenyl ether derivatives, by Alfred N. Cook. Some recent analyses of Iowa
building stones, also of potable waters, by Nicholas Knight. Contribution to the
study of reversible reactions, by W. N. Stull. Depositional equivalent of hiatus at
base of our coal measures; and the Arkansan series, a new terrane of the Carbon-
iferous in the Western Interior Basin, by Charles R. Keyes. Names of coals west
of the Mississippi river, by Charles R. Keyes. Volcanic necks of Piatigorsk,
Southern Russia, by Charles R. Keyes. Comparison of media for the quantitative
estimation of bacteria in milk, by C. H. Eckles. Method of isolating and counting
gas producing bacteria in milk, by C. H. Eckles. Total solar eclipse of May 28,
1900, by David E. Hadden. Preliminary list of the flowering plants of Adair
county, by James E. Gow. Juglandacese of Iowa, by T. J. and M. F. L. Fitzpat-
rick. Betulacese of Iowa, by T. J. and M. F. L. Fitzpatrick. Fagaceas of Iowa,
by T. J. and M. F. L. Fitzpatrick. Shrubs and trees of Madison county, by H. A.
Mueller. Terrace formation in the Turkey river valley in Fayette county, Iowa,
by G. E. Finch. Pure food laws, by C. 0. Bates. Notes on the early development
of Astragalus caryocarpus, by F. W. Faurot. Thistles of Iowa, with notes on a few
other species, by L. H. Pammel. Bacteriological investigation of the Iowa state
college sewage, by L. R. Walker. Notes on the bacteriological analysis of water,
by L. H. Pammel. Drift exposure in Tama county, by T. E. Savage.
Proceedings | of the | Iowa academy of sciences | for 1901. | Volume
9. | Edited by the secretary. | Published by the state. | Des Moines: |
B. Murphy, state printer. | 1902. |
244 p. 0. pi. cl.
Contents: Officers of the Academy. Members of the Academy. Proceedings
of the sixteenth annual session. Presidential address, by A. A. Veblen. Some
improved laboratory devices and apparatus, by A. A. Veblen. Study in the hered-
itary transmission of finger patterns, by A. A. Veblen. Factors of extinction, by
Herbert Osborn. Forestry in Iowa, by B. Shimek. Analyses of certain clays
used for making paving brick for Cedar Rapids, by C. O. Bates. Sanitary analy-
366 THE IOWA JOURNAL
sis of some Iowa deep well waters, by J. B. Weems. Chemical composition of
sewage of the Iowa state college sewage plant, by J. B. Weems, J. C. Brown, and
E. C. Myers. Menke's method of preparing hyponitrites, by Alfred N. Cook.
Calcium carbide as a dehydrating agent for alcohols, by Alfred N. Cook and Arthur
L. Haines. Sioux City water supply, by Alfred N. Cook and C. F. Eberly.
Igneous rocks of the Central Caucasus, and the work of Loewinson-Lessing, by
Charles R. Keyes. Evidences of recent uprisings of the shores of the Black Sea,
by Charles R. Keyes. Devonian hiatus in the continental interior — its character
and depositional equivalents, by Charles R. Keyes. Paroxymetamethylacetophenone
and some of its derivatives, by J. G. Goodwin. On the occurrence of rhizopods in
the Pella beds in Iowa, by J. A. Udden. Pleuroptyx in Iowa coal measures, by J.
A. Udden. University of Montana biological station, by Maurice Ricker. A
large red hydra, by Maurice Ricker. Some new double bromides and their disso-
ciation in aqueous solution, by Nicholas Knight. Vascular cryptogams of Iowa
and the adjoining parts of southeastern Minnesota and western Wisconsin, by L.
H. Pammel and Charlotte M. King. Preliminary notes on the flora of western
Iowa, especially from the physiographical ecological standpoint, by L. H. Pammel.
Ruling engine for making zone plates, by W. M. Boehm. List of plants collected
in Lee county, Florida, by A. S. Hitchcock. Ustilaginse of Iowa, by H. H. Hume.
ADJUTANT GENERAL
Report of the | adjutant -general to the governor | of the | state
of Iowa | for biennial period ending November 30, 1901 | Printed by
order of the General assembly | Des Moines | B. Murphy, state printer]
1900. |
101 -f 147 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 2.
AGRICULTURAL DEPARTMENT
The | Iowa year book of agriculture | issued by the Iowa department
of agricul | ture, succeeding the forty- sixth | annual report of the Iowa
state | agricultural society. Containing information for the closing
year of the Iowa state | agricultural society, legislated out of exist-
ence by | chapter 58, Acts of the twenty- eighth General | assembly,
the act establishing the Iowa | department of agriculture. | Also | Re-
port of the Iowa | state fair | for the year 1900. | Full report of the
State farmers' institute for the year 1900; State | agricultural conven-
tion for the year 1900; meeting of the State board of agriculture; re-
port of meeting of State fair | managers, with extracts from the report
of the Iowa | state dairy commissioner, State dairy association, | Iowa
OF HISTORY AND POLITICS 367
agricultural experiment station, Iowa | weather and crop service, Im-
proved | stock breeders' association; also, papers | read at county farm-
ers' institutes, | reports of local, county and | district fairs, statistics
and | other things of interest. | Edited by | G. H. Van Houten, secre-
tary of agriculture. | Des Moines. | B. Murphy, state printer. | 1901. |
675 p. por. pi. O. cl.
The | Iowa year book of agriculture | issued by the Iowa department
of agriculture | containing | full report of the State farmers' institute
for the year 1901; State | agricultural convention for the year 1901;
meeting of the State | board of agriculture; report of meeting of State
fair managers, with extracts from the report of the Iowa | state dairy
commissioner, State dairy association, | Iowa agricultural experiment
station, Iowa | weather and crop service, Improved | stock breeders'
association; also, papers | read at county farmers' institutes, | reports
of local county and | district fairs, statistics and | other things of in-
terest. | Also | report of the Iowa state fair for the year 1901 | Edited
by | J. C. Simpson, | secretary State board of agriculture. | Des
Moines. | B. Murphy, state printer. | 1902. |
667 p. por. pi. O. cl.
Iowa state fair catalogue | containing | rules and premium list | for
the | forty -sixth annual exhibition | under the auspices of the | State
board of agriculture | to be held at | Des Moines, Iowa, | the capital
and great railway center of the state, | Friday-Saturday-Sunday-
Monday— Tuesday -Wednesday— Thursday | Friday and Saturday, Au-
gust 24-25-26-27-28-29-30-31 and Sept. 1, 1900. | Read the
rules carefully, that you may conform with them when | you make
your entries, and avoid errors and misunderstandings. | For special
premiums see latter pages of the book | Des Moines: | The Homestead
co. | 1900. |
77 p. O. pap.
Iowa state fair catalogue containing | rules and premium list | for
the | forty- seventh annual exhibition | under the auspices of the | State
board of agriculture | to be held at | Des Moines, Iowa, | the capital
and great railway center of the state, | Friday -Saturday -Sunday-
368 THE IOWA JOURNAL
Monday -Tuesday -Wednesday -Thursday | Friday and Saturday, Au-
gust 23-24-25-26-27-28-29-30-31, 1901. | Read the rules care-
fully, that you may conform with them when | you make your entries,
and avoid errors and misunderstandings. For special premiums see
latter pages of the book | Des Moines: | The Homestead co. | 1901. |
59 p. O. pap.
United States | Department of agriculture, | Weather bureau. | An-
nual report | of the | Iowa weather and crop service | in co-operation
with the | United States weather bureau, | for the year 1900. | John
R. Sage, director. | Geo. M. Chappel, local forcast official | U. S.
weather bureau | assistant director. | Printed by order of the general
assembly. | Des Moines: | B. Murphy, state printer, | 1901. |
55 p. 0. pap.
U. S. Department agriculture — Weather bureau. Monthly review
of the Iowa weather and crop service. Volume 11. January-Decem-
ber 1900. Nos. 1-12.
No general title page is issued for the monthly numbers of the Monthly review.
The annual report of the department is supposed to serve as a condensation of the
information contained in the Monthly review. No. 12 of the Review for each year
contains a summary for the year.
U. S. Department agriculture — Weather bureau. Monthly review
of the Iowa weather and crop service. Volume 12. January-De-
cember, 1901. Nos. 1-12.
ATTORNEY GENERAL
Second biennial report | of the | attorney - general | of the | state of
Iowa. | Charles W. Mullan, | attorney -general. | Transmitted to the
governor, January, 1902. | Printed by order of the General assembly. |
Des Moines: B. Murphy, state printer. | 1902. |
217 p. O. Pap.
Contained also in the set of Iowa documents, 1902, vol. 3.
AUDITOR OF STATE
Biennial report | of the | auditor of state | to the | governor of Iowa |
July 1, 1901 | Frank F. Merriam, auditor of state | Printed by order
OF HISTORY AND POLITICS 369
of the General assembly | Des Moines | Bernard Murphy, state printer |
1901. |
535 p. O. cl.
Contained also in the.set of Iowa documents, 1902, vol. 1.
Thirty- first annual | report | of the | auditor of state | of the state
of Iowa | on | insurance | 1900, ] Volume 1. | Frank F< Merriam |
auditor of state. | Compiled from annual statements, for the year end-
ing December 31, 1899. | Des Moines: | F. R. Conaway, state
printer. | 1900. |
464 p. O. cl.
Contained also in the set of Iowa documents, 1900, vol. 7.
Thirty -first annual | report | of the | auditor of state | of the state
of Iowa | on | insurance | 1900, | Volume 2 | Life | Frank F. Merriam, |
auditor of state. | Compiled from annual statements, for the year end-
ing December 31, 1899. | Des Moines: | F. R. Conaway, state printer. |
1900. |
504 p. O. cl.
Contained also in the set of Iowa documents, 1900, vol. 7.
Thirty -second annual report | of the | auditor of state | of the state
of Iowa | on | insurance | 1901 | Volume 1 | Frank F. Merriam | audi-
tor of state | Compiled from annual statements, for the year ending
December 31, 1900 | Des Moines: | Bernard Murphy, state printer |
1901. |
520 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 6.
Thirty -second annual report | of the | auditor of state | of the state
of Iowa | on | insurance | 1901 | Volume 2 | Life | Frank F. Merriam |
auditor of state | Compiled from annual statements, for the year end-
ing December 31, 1900 | Des Moines: | Bernard Murphy, state printer |
1901. |
509 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 6.
The insurance reports contain the annual statements and statistical tables show-
ing the condition and business of all life and fire insurance companies doing busi-
ness in Iowa for the period given.
370 THE IOWA JOURNAL
Revenue laws | of the | state of Iowa | compiled in pursuance of |
section 1369 of the code | by | Frank F. Merriam, | auditor of state |
Give this to county auditor when assessment is finished | Des Moines |
B. Murphy, state printer | 1901. |
452-553 -4- 86 p. 0. pap.
Containing in addition to the revenue laws of Iowa, all laws relating to taxation,
so far as they affect the duties of the board of supervisors, county auditors, town-
ship clerks and assessors; and the amendments of the 27th general assembly, 1898.
BOARD OF CONTROL OF STATE INSTITUTIONS
Second biennial report | of the | Board of control of | state insti-
tutions | of | Iowa | for the biennial period ending June 30, 1901. |
Des Moines | B. Murphy, state printer | 1901. |
748 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 5.
The annual report of the Board of control is divided into three parts, part 1 con-
taining general statements in regard to the condition of the several institutions and
recommendations to the legislature for their proper care, part 2 consisting of sta-
tistical and financial tables, and part 3 presenting the reports for the period of the
chief executive officers of the institutions under the charge of the Board of control.
Bulletin | of | Iowa institutions (Under the Board of control) |
Published quarterly Volume 1. 1900 | Geo. A. Miller printing co.,
Des Moines. |
555 p. 0. cl.
Bulletin | of | Iowa institutions | (Under the Board of control) |
Published quarterly. | Volume 2 | 1900 | Herald printing co., | Du-
buque. |
556 p. pi. 0. cl.
Bulletin | of | Iowa institutions | (Under the Board of control) |
Published quarterly | Volume 3 | 1901 | Welch printing company |
Des Moines. |
339 p. pi. 0. cl.
These bulletins contain many articles giving information in regard to the
charitable and penal institutions in the state, particularly those dealing with
the labor problem and with the often asked question, "Do reformatories reform?"
Among the papers on the education of the blind and the deaf is one that describes
at length the different systems of embossed print; there are a large number of
articles on the care of the insane, together with a history of the several Iowa state
institutions.
OF HISTORY AND POLITICS 371
COLLEGE FOR THE BLIND
Biennial report | of the superintendent | of the | College for the
blind | at | Vinton, Iowa | to the | Board of control of state institu-
tions | for the period ending June 30, 1901 | Glenwood, Iowa | State
institution press | 1902. |
27 p. 0. pap.
CUSTODIAN OF PUBLIC BUILDINGS
Report | of the | custodian of public buildings | and property | to
the | governor of Iowa, | for the years 1900 and 1901. | January 1,
1902. | J. D. McGarraugh | custodian of public buildings and prop-
erty | Des Moines | B. Murphy, state printer. | 1902. |
61 p. pi. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 1.
DAIRY COMMISSIONER
Fourteenth annual report | of the | state dairy commissioner to
the | governor of the state of Iowa | for the year 1900. |B. P. Norton, |
state dairy commissioner. | Printed by order of the General assembly. |
Des Moines: | F. R. Conaway, state printer | 1900. |
129 p. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 5.
Fifteenth annual report | of the | state dairy commissioner | to the |
governor of the state of Iowa | for the year 1901. | B. P. Norton, |
state dairy commissioner. | Printed by order of the General assembly. |
Des Moines: | B. Murphy, state printer. 1901. |
115 p. O. pap.
Continued also in the set of Iowa documents, 1902, vol. 5.
EXECUTIVE COUNCIL
Report | of the | Executive council of Iowa | of | expenses and dis-
position of fees and monies | collected of state officers and | institu-
tions | for the period from | January 1, 1900, to July 1, 1901. | Made
in compliance with requirements of chapter | six, acts of twenty-eighth
General | assembly. | Des Moines: | B. Murphy, state printer, | I901.|
365 p. O. pap.
372 THE IOWA JOURNAL
Twenty-ninth annual report | of the | assessed valuation | of | rail-
road property | in the | state of Iowa | as fixed by the | Executive
council of the state | March 23, 1900 | Compiled by A. H. Davison |
secretary of executive council Printed by order of the twenty-eighth
General assembly | Des Moines | F. R. Conaway, state printer | 1900.|
55 p. O. pap.
Contained also in the set of Iowa documents, 1900, Vol. 3.
Containing, in addition to the statistical tables which form the main part of the
report, a nine page list of the principal officers of the railroads of the state, with
post office addresses; also the laws governing the assessment and taxation of railway
property.
Thirtieth annual report of the | assessed valuation | of | railroad
property | in the | state of Iowa | as fixed by the Executive council of
the state | March 23, 1901. | Compiled by A. H. Davison | secretary
of executive council | Printed by authority of chapter four, acts
twenty-eighth General assembly. | Des Moines | Bernard Murphy,
state printer. | 1901. |
61 p. 0. pap.
Contained also in the set of Iowa documents, 1902, vol. 2.
FISH AND GAME WARDEN
Fourteenth biennial report | of the state fish and game warden | to
the | governor of the state of Iowa | 1900-1901 | Geo. A. Lincoln,
warden. | Printed by order of the General assembly. Des Moines: |
B. Murphy, state printer. | 1902. |
22 p. pi. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 4.
GENERAL ASSEMBLY
Acts and resolutions | passed at the | regular session | of the | twenty-
eighth General assembly | of the | state of Iowa. | Begun January 8
and ended April 6, 1900. | Published under authority of the state. |
Des Moines: | F. R. Conaway, state printer. | 1900. |
206 p. Q. sh.
Rules and standing | committees | of the twenty-eighth General
assembly | 1900. | Printed by order of the General assembly. Des
Moines: | F. R. Conaway, state printer. | 1900. |
68 p. O. pap.
OF HISTORY AND POLITICS 373
Legislative documents | submitted to the | twenty-eighth General
assembly | of the | state of Iowa | which convened at Des Moines,
January 8, 1900 | Leslie M. Shaw, governor | J. C. Milliman, lieu-
tenant-governor and president of the senate | G. W. Dobson, secre-
tary of state | Frank F. Merriam, auditor of state | John Herriott,
treasurer of state | Richard C. Barrett, superintendent of public in-
struction | Milton Remley, attorney -general | D. H. Bowen, speaker
of the House of representatives | Volume 1 | Des Moines | F. R.
Conaway, state printer | 1900 |
v. p. O. sh.
Contents: Governor's message. Governor's inaugural address. Report of
auditor. Report of treasurer. Report of convictions.
Legislative documents | submitted to the | twenty -eighth General
assembly | of the state of Iowa | which convened at Des Moines,
January 8, 1900 Leslie M. Shaw, governor | J. C. Milliman, lieu-
tenant-governor and president of the senate | G. W. Dobson, secre-
tary of state | Frank F. Merriam, auditor of state | John Herriott,
treasurer of state | Richard C. Barrett, superintendent of public in-
struction | Milton Remley, attorney -general | D. H. Bowen, speaker
of the House of representatives | Volume 2 | Des Moines | F. R. Cona-
way, state printer | 1900 |
v. p. O. sh.
Contents: Report of superintendent of public instruction. Report of State
university. Report of State normal school. Report of State agricultural college.
Report of librarian. Report of State historical society. Report of Historical de-
partment. Report of custodian of public buildings. Report of Land department.
Report of oil inspectors.
Legislative documents | submitted to the | twenty - eighth General
assembly | of the | state of Iowa which convened at Des Moines,
January 8, 1900 | Leslie M. Shaw, governor J. C. Milliman, lieuten-
ant-governor and president of the senate | G. W. Dobson, secretary
of state | Frank F. Merriam, auditor of state | John Herriott, treas-
urer of state | Richard C. Barrett, superintendent of public instruc-
tion | Milton Remley, attorney -general | D. H. Bowen, speaker of
the House of representatives, | Volume 3 | Des Moines | F. R. Cona-
way, state printer | 1900 |
v. p. O. sh.
374 THE IOWA JOURNAL
Contents: Railroad commissioners' report for 1898. Railroad commissioners'
report for 1899. Railway assessment for 1899. Railway assessment for 1900.
Report on pardons. Rules of the twenty - eighth General assembly. Report of
mine inspectors.
Legislative documents | submitted to the | twenty -eighth General
assembly of the | state of Iowa | which convened at Des Moines,
January 8, 1900 | Leslie M. Shaw, governor | J. C. Milliman, lieuten-
ant-governor and president of the senate | G. W. Dobson, secretary
of state | Frank F. Merriam, auditor of state | John Herriott, treas-
urer of state, Richard C. Barrett, superintendent of public instruc-
tion | Milton Remley, attorney -general. | D. H. Bowen, speaker of
the House of representatives | Volume 4 | Des Moines | F. R. Cona-
way, state printer | 1900 |
v. p. pi. O. sh.
Contents: Board of health report. Bureau of labor statistics report. Dairy
commissioner's report for 1898. Dairy commissioner's report for 1899. Pharmacy
commissioners' report. State veterinary surgeon's report.
Legislative documents | submitted to the | twenty - eighth General
assembly | of the | state of Iowa which convened at Des Moines,
January 8, 1900 Leslie M. Shaw, governor | J. C. Milliman, lieuten-
ant-governor and president of the senate | G. W. Dobson, secretary
of state | Frank F. Merriam, auditor of state John Herriott, treas-
urer of state | Richard C. Barrett, superintendent of public instruc-
tion | Milton Remley, attorney -general | D. H. Bowen, speaker of
the House of representatives | Volume 5 Des Moines | F. R. Cona-
way, state printer | 1900 |
v. p. 0. sh.
Contents: Report of attorney -general. Report of adjutant -general. Weather
and crop service report for 1898. Weather and crop service report for 1899. Re-
port of Improved stock breeders' association. Report of fish commissioner.
Legislative documents | submitted to the twenty -eighth General
assembly of the | state of Iowa | which convened at Des Moines,
January 8, 1900 | Leslie M. Shaw, governor J. C. Milliman, lieuten-
ant-governor and president of the senate | G. W. Dobson, secretary
of state | Frank F. Merriam, auditor of state | John Herriott, treas-
urer of state | Richard 0. Barrett, superintendent of public instruc-
OF HISTORY AND POLITICS 375
tion | Milton Remley, attorney -general | D. H. Bowen, speaker of
the House of representatives | Volume 6 | F. B. Conaway, state
printer | 1900 |
v. p. O. sh.
Contents: Keport of the Board of control.
Legislative documents | submitted to the | twenty - eighth General
assembly | of the | state of Iowa | which convened at Des Moiiies,
January 8, 1900 | Leslie M. Shaw, governor | J. C. Milliman, lieu-
tenant-governor and president of the senate | G. W. Dobson, secre-
tary of state | Frank F. Merriam, auditor of state | John Herriott,
treasurer of state | Richard C. Barrett, superintendent of public in-
struction | Milton Remley, attorney -general | D. H. Bowen, speaker
of the House of representatives | Volume 7 | Des Moines | F. R.
Conaway, state printer | 1900 |
v. p. 0. sh.
Contents: Insurance report for 1899. Volume 1, Insurance report for 1900.
Volume 2, Insurance report for 1900.
For reprint of statute laws, 1838-39, see Historical department of
Iowa.
GEOLOGICAL SURVEY
Iowa I geological survey | Volume 11. | Administrative reports |
Samuel Calvin, A.M., Ph.D., state geologist | A. G. Leonard, assist-
ant state geologist | Des Moines: | Published for the Iowa geological
survey | 1901 |
619 p. pi. maps, Q. cl.
Contents: Administrative reports. Mineral production of Iowa in 1900, by S.
W. Beyer. Geology of Louisa county, by J. A. Udden. Geology of Marion county,
by B. L. Miller. Geology of Pottawattamie county, by J. A. Udden. Geology of
Cedar county, by W. H. Norton. Geology of Page county, by Samuel Calvin.
Geology of Clay and O'Brien counties, by T. H. Macbride.
Some of the more valuable features of the volume are: (1) The discussion, by
the state geologist, of the often asked question, "Why do we not find gold, silver,
petroleum, natural gas, salt, etc., in Iowa ?" He summarizes the conditions under
which these minerals are deposited and the relations in which they are found, re-
views the geological history of the state and shows that the necessary conditions
and relations are not found, and probably never existed in Iowa. (2) The statis-
tics of the mineral production of the state for the year 1900, in which it is shown
that the total value of these products was about $10,000,000, of which coal fur-
376 THE IOWA JOURNAL
nished about 70 per cent and clay about 22 per cent. Separate tables show the
coal, the clay, the stone and the total mineral production by counties. (3) The
discussion of the physiography or physical geography of the various counties, in
which are treated the development of the various types of topography; the origin
and history of the drainage systems; the general elevation of the region, etc.; the
distribution of the various rock formations, their lithologic characters, geologic
age and organic remains; the treatment of the mantle rock residual clays, glacial
deposits, alluvium, soils, etc.; the water supply and artesian conditions, well
records etc. ; the economic products of the various counties surveyed during the
year.
Iowa | geological survey Volume 12 | Annual report, 1901, with |
accompanying papers. Samuel Calvin, A.M., Ph.D., state geologist |
A. G. Leonard, assistant state geologist | Des Moines; | Published
for the Iowa geological survey | 1902. |
511 p. pi. maps, Q. cl.
Contents: Administrative reports. Mineral production in Iowa for 1901, by
S. W. Beyer. Geology of Webster county, by F. A. Wilder. Geology of Henry
county, by T. E. Savage. Geology of Cherokee and Buena Vista counties, with
notes on the limits of the Wisconsin drift as seen in northwestern Iowa, by T. H.
Macbride. Geology of Jefferson county, by J. A. Udden. Geology of Wapello
county, by A. G. Leonard.
The volume contains the administrative report by the state geologist, and re-
ports on the mineral production of the state and the geology of Webster, Henry,
Cherokee, Buena Vista, Jefferson and Wapello counties. Some of the more val-
uable features of the volume are: The report by the state geologist which con-
tains a bibliography (with contents tables) of the publications of the Survey, a
review of the work accomplished by the Survey, particularly in glacial geology,
and a further discussion of the question of petroleum and natural gas in Iowa.
The report on mineral production of the state for 1901, showing the total produc-
tion in quantity and value of the various minerals, the production of the more im-
portant minerals by counties and the total production by counties; coal, clay,
stone and gypsum make up nearly 99 per cent of the value. The report on the
gypsum deposits of Webster county is accompanied by a very valuable article on
gypsum, discussing the deposition, mining, uses and manufacture of cement,
plaster, etc., together with a description of the gypsum industry of Germany, and
a discussion of the possibilities of improvement in methods of manufacture and
the extension of the industry in this state; the treatment of the physiography of
the various counties is full, and is of great value to teachers of physical geography;
the lithologic characters, distribution and age of the indurated rocks are discussed;
the surfacial geology; the Pleistocene deposits; the economic products and possi-
bilities, the artesian conditions and water supply.
Iowa geological survey Bulletin No. 1 | The | grasses of Iowa |
Des Moines, Iowa 1901. |
525 p. col. pi. 0.
OF HISTORY AND POLITICS 377
By L. H. Pammel, J. B. Weems, and F. Lamson-Scribner.
Contents: Grasses — Graminae. Purity and vitality of grass seed. Cereals.
Fungus diseases of grasses. Bacterial diseases. Pastures and meadows of Iowa.
Weeds of meadows and pastures. Chemistry of foods and feeding. Lawns and
lawn making in Iowa.
Mineral production in Iowa | for 1900 | by S. W. Beyer. | From
Iowa geological survey, vol. 11. | Annual report, 1900, pp. 37-53. |
Des Moines: | B. Murphy, state printer | 1901 | Geology | of | Louisa
county | by J. A. Udden. | From Iowa geological survey, vol. 11. |
Annual report, 1900, pp. 55-126. | Des Moines: | B. Murphy, state
printer | 1901 |
maps.
Geology | of | Marion county | by B. L. Miller. | From Iowa
geological survey, vol. 11. | Annual report, 1900, pp. 1 2 7-1 97. |
Des Moines: | B. Murphy, state printer | 1901 |
map.
Geology | of | Pottawattamie county | by J. A. Udden. | From
Iowa geological survey, vol. 11. | Annual report, 1900, pp. 201-277. |
Des Moines: | B. Murphy, state printer | 1901 |
map.
Geology | of | Cedar county | by William Harmon Morton. | From
Iowa geological survey, vol. 11. | Annual report, 1900, pp. 279-396. |
Des Moines: | B. Murphy, state printer | 1901 |
maps.
Geology | of | Page county | by Samuel Calvin. | From Iowa geo-
logical survey, vol. 11. | Annual report, 1900, pp. 397-460. | Des
Moines: | B. Murphy, state printer | 1901 |
map.
Geology | of | Clay and O'Brien counties | by Thomas H. Mac-
bride. | From Iowa geological survey, vol. 11. | Annual report, 1900,
pp. 461-508. | Des Moines: B. Murphy, state printer | 1901 |
maps, illus.
Mineral production in Iowa | for 1901. | By S. W. Beyer. | From
378 THE IOWA JOURNAL
Iowa geological survey, vol. 12. | Annual report, 1901. pp. 37-61 |
Des Moines: | B. Murphy, state printer | 1902 |
pl. 0. pap.
Geology | of Webster county | by Frank A. Wilder From Iowa
geological survey, vol. 12. | Annual report, 1901, pp. 63-235. | Des
Moines: | B. Murphy, state printer, | 1902. |
pl. maps, 0. pap.
Geology of Henry county | by T. E. Savage. | From Iowa geo-
logical survey, vol. 12. | Annual report, 1901, pp. 237-302. | Des
Moines: | B. Murphy, state printer, | 1902. |
illus. map, 0. pap.
Geology | of | Cherokee and Buena Vista counties | with notes on
the limit of the Wisconsin drift as seen | in northwestern Iowa. | By
Thomas H. Macbride. | From Iowa geological survey, vol. 12. An-
nual report, 1901, pp. 303-353. | Des Moines: | B. Murphy, state
printer, | 1902. |
maps, 0. pap.
Geology | of | Jefferson county | by J. A. Udden. | From Iowa
geological survey, vol. 12. | Annual report, 1901, pp. 355-436. |
Des Moines: | B. Murphy, state printer, 1902. |
map, 0. pap.
Geology of | Wapello county | by A. G. Leonard. | From Iowa
geological survey, vol. 12. | Annual report, 1901, pp. 439-499. | Des
Moines: | B. Murphy, state printer, | 1902. |
illus. map, 0. pap.
GOVERNOR
Report | by the | governor of Iowa | of | pardons, suspensions of
sentence commutations and remissions of fines. | From January 10,
1898, to January 10, 1900. | Printed by order of the General assem-
bly. | Des Moines: | F. R. Conaway, state printer. | 1900. |
58 p. 0. pap.
Contained also in the set of Iowa documents, 1900, vol. 3.
OF HISTORY AND POLITICS 379
Inaugural address | of | Leslie M. Shaw | governor of the state of
Iowa | delivered | at his second inauguration | January 11, 1900 |
Printed by order of the General assembly. |
19 p. O. pap.
Contained also in the set of Iowa documents, 1900, vol. 1.
Biennial message | of | Leslie M. Shaw | governor of the state of
Iowa | to the | twenty-eighth General assembly | January, 1900 |
printed by authority of the General assembly | Des Moines | F. R.
Conaway, state printer | 1900 |
40 p. O. pap.
Contained also in the set of Iowa documents, 1900, vol. 1.
HEALTH, STATE BOARD OF
Eleventh | biennial report | of the | Board of health | of the | state
of Iowa | for the | period ending June 30, 1901. | [Seal] | Des Moines: |
B. Murphy, state printer. | 1901. |
517 p. pi. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 4.
Iowa health bulletin. | Published by | the State board of health. |
Josiah Forrest Kennedy, editor. [Notice, 1 line] | Vol. 13. Des
Moines, January-[May,] 1900. No. 8-[12.] |
97-192 p. O. pap.
Iowa health bulletin. | Published by | the State board of health. |
Josiah Forrest Kennedy, editor | [Notice, 1 line] Vol. 14, Des
Moines, June, 1900— [May, 1901,] No. 1-[12.] |
16-192 p. O. pap.
After no. 8, published at Denison, Iowa.
HISTORICAL DEPARTMENT OF IOWA
Fifth biennial report | of the | Historical department [ of | Iowa.
Made to the trustees of the state library, | November 1, 1901. By
Charles Aldrich, | curator. | Printed by order of the General assem-
bly. | Des Moines | B. Murphy, state printer | 1901 |
70 p. por. pi. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 3.
380 THE IOWA JOURNAL
The | annals of Iowa. | A historical quarterly. | Volume four —
third series. | Edited by | Charles Aldrich, A. M., | [5 lines] | Pub-
lished by the | Historical department of Iowa, | Des Moines. | 1899-
1901. | »
Nos. 4-8, January, 1900-January, 1901.
The | annals of Iowa. | A historical quarterly. | Volume five —
third series. | Edited by | Charles Aldrich, A. M. , | [6 lines] | Pub-
lished by the | Historical department of Iowa, | Des Moines, | 1901-
1903. |
Nos. 1-3, April-October, 1901.
The statute laws | of the | territory of Iowa, | enacted at the first
session of the Legislative | assembly of said territory, held at | Bur-
lington, A. D. 1838-39. | Published by authority. | Du Buque: |
Russell & Reeves, printers. | 1839. | Reprinted by the | Historical
department of Iowa, | 1900. |
634 p. O. sh.
HORTICULTURAL SOCIETY
Report | of the | Iowa state horticultural society | for the year 1900 |
containing proceedings of the thirty-fifth annual session, | held at |
Des Moines, December 11, 12, 13, 14, 1900, | also, transactions of
the | southeastern, northeastern, northwestern and | southwestern
horticultural societies. | Edited by the secretary. | Volume 35. | Pub-
lished by order of the General assembly. | Des Moines | Bernard
Murphy, state printer 1901 |
578 p. pi. O. cl.
Report | of the | Iowa state horticultural society | for the year
1901, | containing the proceedings of the thirty -sixth annual session,
held at | Des Moines, December 10, 11, 12, 1901, | also transactions
of the southeastern, northwestern, northeastern and | southwestern
horticultural societies. | Edited by the secretary. | Volume 36. | Pub-
lished by the order of the General assembly. | Des Moines | Bernard
Murphy, state printer | 1902 |
622 p. pi. O. cl.
OF HISTORY AND POLITICS 381
Programme | of the | thirty -fifth annual convention | of 'the | Iowa |
state horticultural society | to be held in the horticultural | room in
the capitol | Des Moines | December 11, 12, 13 and 14, | 1900 | You
are invited to attend and take | part in the discussions |
8 p. S. pap.
Programme | of the | thirty - sixth annual convention | of the | Iowa |
state horticultural society | to be held in the horticultural room in
the capitol | Des Moines | December 10, 11 and 12, 1901 | You are
invited to attend and take | part in the discussions |
8 p. S. pap.
HOUSE OF REPRESENTATIVES
Journal of the House | of the | twenty|- eighth General assembly |
of the | state of Iowa | which convened at the capitol at Des Moines, |
January 8, 1900. | Des Moines: | F. R. Conaway, state printer, | 1900. |
1343 p. O. sh.
INDUSTRIAL SCHOOL FOR GIRLS AT MITCHELLVILLE
Seventeenth biennial report | of the | superintendent | of the | In-
dustrial school for girls | at | Mitchellville | to the | Board of control
of the state institutions | for the period ending June 30, 1901 | Glen-
wood, Iowa | State institution press | 1902 |
25 p. 0. pap.
INSTITUTION FOR FEEBLE MINDED CHILDREN
Thirteenth biennial report | of the | superintendent | of the | Iowa
institution | for | feeble-minded children | at Glenwood | to the |
Board of control of the state institutions | for the period ending June
30, 1901. | Glenwood institution press | 1901 |
44 p. O. pap.
LABOR STATISTICS, BUREAU OF
Ninth biennial report | of the | Bureau of labor statistics | for the |
state of Iowa | 1899-1900 | C. F. Wennerstrum | commissioner | Des
Moines: | B. Murphy, state printer. | 1901 |
698 p. O. cl.
382 THE IOWA JOURNAL
Contents: Factory inspection. Manufacturing industries of Iowa. Wage
earners of Iowa. Kailroad statistics of Iowa. Trade unions in Iowa. Co-operation
and profit sharing. Locations for new industries in Iowa. Manual training in Iowa.
Stjikes in Iowa. Lockouts in Iowa. The shorter work day in the United States. Cost
of labor bureaus in the United States. Statutory investigation in Iowa. Intro-
ductory to the manufacturing statistics, by W. R. Patterson. Value and influence
of labor statistics, by Carroll D. Wright. Some of the economic and industrial
phases of the Amana society or the Community of true inspiration, by Mrs. Bertha
H. Shambaugh. The kindergarten as an educational force, by Francis E. Cook.
Manual training versus trade schools, by Caloni Milton Woodward. Icarian col-
ony of Iowa. Free employment offices in the United States, by Kate B. Miller.
Labor laws of the state of Illinois. The workings of the Department of labor, by
Carroll D. Wright. Labor laws of Iowa.
This report is full of interest to the practical student of sociology. Carefully
prepared statistics and accounts are given regarding problems of current interest,
relative to the growth and development of the factory system and of organized
labor in the state of Iowa. The special report by Mrs. Shambaugh on the Amana
community is the most authentic account of the economic and industrial life of
Iowa's one successful communistic society. A valuable paper giving a concise
account of the history and functions of the Labor department is contributed by
the Hon. Carroll D. Wright.
Contained also in the set of Iowa documents, 1902, vol. 4.
The | law |
An 8 page pamphlet giving the law governing the Bureau of labor statistics, with
the amendments made by the 29th General assembly, and new laws of 1902.
LAND DEPARTMENT
Report I of the | secretary of state | to the | governor of Iowa, | of
the transactions of the Land department, July 1, 1899 to June 30,
1901. W. B. Martin, secretary of state. | Des Moines: B. Murphy,
state printer. | 1901 |
128 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 1.
LIBRARY COMMISSION
Iowa library | commission | Des Moines, la. | Leaflet no. 1. |
"Shall | a free | public library | be established?" |
20 p. T. pap.
Iowa library commission, | Des Moines, la. | Leaflet no. 2. | Iowa
The anniversary of her | statehood | December 28 | A few books
OF HISTORY AND POLITICS 383
about Iowa "The affections of | her people, like | the rivers of her |
borders, flow to an | inseparable union." |
12 p. T. pap.
Iowa library | commission Des Moines, la. | Leaflet no. 3. | Peri-
odicals | their value and use | with something about indexes | to peri-
odicals, and information regarding the collection and distribution
of periodicals by the | Iowa library commission. |
12 p. T. pap.
Iowa library commission, | the capitol, | Des Homes, la. | 100 good
books for girls and boys. |
4 p. T. pap.
Shakespeare | A selection from | the literature pertaining | to his
life and works | for the use of study | clubs. Prepared by | the
library committee of the Iowa federation of women's | clubs and the
Iowa | library commission | These books will be loaned | by the
traveling library | department of the | Iowa state library |
4 p. T. pap.
Bulletin of the Iowa | library commission | Issued quarterly. Des
Moines, Iowa, January-[October,] 1901. Volume 1. Number 1-[~4.]|
64 p. O. pap.
MINE INSPECTORS
Tenth biennial report | of the | state mine inspectors | to the | gov-
ernor of the state of Iowa | for the | two years ending June 30,
1901. | James A. Campbell, district no. 1; John Verner, district no.
2; | James W. Miller, district no. 3. | Printed by order of the Gen-
eral assembly | Des Moines: | Bernard Murphy, state printer. | 1901.
97 p. 0. pap.
Contained also in the set of Iowa documents, 1902, vol. 4.
Iowa | mining laws | according to code of 1897. [1901] |
13 p. O. pap.
Report of commission | appointed to inquire into | and investigate
the mat|ters of explosions in the | coal mines of Iowa |
14 p. 0. pap.
384 THE IOWA JOURNAL
OIL INSPECTORS
Biennial report | of | inspectors of oils. | 1900-1901 | Compiled
by W. B. Martin, secretary of state. | Printed by order of the Gen-
eral assembly. | Des Moines: | B. Murphy, state printer. | 1901. |
18 p. 0. pap.
Contained also in the set of Iowa documents, 1902, vol. 5.
PENITENTIARY, ANAMOSA
Fifteenth biennial report | of the | warden of the penitentiary |
at | Anamosa, Iowa, | to the | Board of control of state institutions |
for the period ending June 30, 1901 | The prison press: | Penitentiary
at Anamosa, Iowa. | 1902. |
73 p. pi. O. pap.
PENITENTIARY, FORT MADISON
Biennial report | of the | warden | of the | Iowa state penitentiary |
at | Fort Madison | to the | Board of control of state institutions |
for the period ending June 30, 1901 | Glenwood, Iowa | State insti-
tution press | 1902. |
41 p. O. pap.
PHARMACY COMMISSION
Eleventh biennial report | of the | commissioners of pharmacy |
for the | state of Iowa | 1901 | Printed by order of the General assem-
bly. | Des Moines. | B. Murphy, state printer. | 1901. |
18 p. 0. pap.
Contained also in the set of Iowa documents, 1902, vol. 5.
Pioneer | law makers' association | of Iowa. | Reunion of 1900, |
held at Des Moines, February 14 and 15, 1900. | Seventh biennial
session. | Published by authority of the state of Iowa. | Des Moines: |
F. R. Conaway, state printer. [ 1900. |
102 p. 0. pap.
PUBLIC INSTRUCTION, DEPARTMENT OF
Biennial report | of the superintendent | of | public instruction |
of the | state of Iowa | November 1, 1901 | Richard 0. Barrett | super-
OF HISTORY AND POLITICS 336
intendent of public instruction | Printed by order of the general
assembly | Des Moines | B. Murphy, state printer | 1902 |
471 + 98 p. pi. 0. cl.
Contents: Introductory remarks. Consolidation of schools and transportation
of children. Recent school legislation in other states. Iowa state teachers' asso-
ciation. Education of Iowa teachers. School architecture. State certificates
and diplomas. Free text books for public schools. Manual for high schools.
Accredited high schools. Reports from county superintendents. Reports from
higher institutions. National congress of mothers. Manual training. Miscel-
laneous: Medical inspection of schools. Necrology. Appendix: Statistics; Gen-
eral summary; Abstracts from reports of 1900; Abstracts from reports of 1901;
index.
Inner cover reads:
State of Iowa Department of public instruction | Des Moines |
superintendent of public instruction | Richard C. Barrett | deputy
superintendent | Albert C. Ross | stenographer | Byrdella Johnson |
state board of educational examiners | Richard C. Barrett, ex-officio
president, Des Moines | George E. MacLean, ex-officio^ Iowa City |
Homer H. Seerley, ex-officio^ Cedar Falls | Hamlin H. Freer, Mt.
Vernon | Mary Alice Bradrick, Chariton | [Notices, 3 lines] |
Being the Iowa school report for 1900-1901.
Contained also in the set of Iowa documents, 1902, vol. 3.
Iowa | educational directory | for the school year | commencing
September, 1900 | Issued by the Department of public instruction |
November 15, 1900 Des Moines | F. R. Conaway, state printer |
1900
unp. D. pap.
Iowa | educational directory | for the school year commencing
September, 1900 | Issued by the Department of public instruction |
November 15, 1901 | Des Moines | B. Murphy, state printer | 1901 |
unp. D. pap.
Iowa state teachers' | association | A high school | manual | issued
under the direction | of a committee of twelve, | appointed by the
general | association, | December, 1899 | 1901 | Des Moines, Iowa,
December, 1901. |
133 p. O. pap.
386 THE IOWA JOURNAL
Twenty -seventh | annual session | of the | Johnson county | normal
institute | State university of Iowa, | Iowa City, Iowa | July 2nd to
July 21st | 1900 |
52 p. T. pap.
Outside cover reads:
Hand-book for | Johnson county teachers | and | normal insti-
tute | Announcement | 1900 |
Hand-book | for | Iowa schools | Edition of 1900 | Issued by the
Department of public instruction | Richard C. Barrett | superintend-
ent of public instruction | This book is the property of the school
district | Des Moines: | F. R. Conaway, state printer. | 1900. |
194 p. 0. pap.
A course of study for county, township and village schools, final report of com-
mittee on course of study for high schools, school law directly affecting teachers,
and excerpts from the report of the committee of twelve relating to rural school
improvement.
List of library books | for school districts of Iowa | recommended
by the State board of educational examiners | Issued by the Depart-
ment of public instruction | 1900 | Des Moines: | F. R. Conaway,
state printer, | 1900. |
106 p. 0. pap.
A graded and annotated list.
Manual | for | special day | exercises | 1901 | Issued by the De-
partment of public instruction for use in the | schools of Iowa'|
Richard C. Barrett | superintendent of public instruction |
96 p. O. pap.
Outer cover reads:
Special days | Iowa public schools | 1901 | Issued by the Depart-
ment of education | Richard C. Barrett, | supt. of public instruction |
F. R. Conaway, | state printing house. |
Arbor Day | Friday, April 27, 1900 | [Cut of] motherwort and
Virginia creeper. | Even a clump of weeds looks well in the corner
by the house. | ' ' Arbor Day is the only holiday which speaks for the
future; all others cele|brate the past." | State of Iowa | Department
of public instruction |
4 p. 0. pap.
OF HISTORY AND POLITICS 387
Programme | of the | Central Iowa teachers' association | third
annual meeting | held in | Boone, Iowa | February 20, 21 and 22,
1902 | Officers | president, E. D. Y. Culbertson, Des Moines secre-
tary, Carolyn Anderson, Marshalltown | treasurer, C. E. Moore,
Waterloo | railroad secretary, R. V. Veneman, Boone | executive
committee | chairman, J. C. King, Boone | F. E. Willard, Marshall-
town. E. W. Fellows, Clarion | musical director | E. L. Coburn,
Boone |
8 p. 0. pap.
Program | of the | Northwestern Iowa | teachers' association to
be held in high school building, | twelfth and Jackson streets, | Sioux
City, | April 19, 20 and 21, 1900. | Officers. | N. Spencer, Algona,
president. | D. M. Odle, Hull, vice-president. | Agnes Robertson,
Cherokee, recording secretary | F. M. Harding, Sioux City, rail-
road sec'y. | H. B. Pierce, Rock Rapids, treasurer. | Executive com-
mittee. H. E. Kratz, Sioux City, chairman. | H. E. Blackmar,
Emmetsburg. W. F. Cole, Webster City. |
6 p. O. pap.
Program | of the Southwestern | Iowa teachers' | association | to
be held at | Council Bluffs, | November 1, 2 and 3, 1900. | Officers: |
William Wilcox, Mt. Vernon, president. | Jessie G. Nutting, Glen-
wood, vice-president. | D. M. Kelley, Cedar Falls, recording secre-
tary. | C. M. Peters, Creston, railroad secretary. | W. N. Clifford,
Council Bluffs, | chairman executive committee |
8 p. S. pap.
State of Iowa | Department of | public instruction | Des Moines |
Northeastern Iowa teachers' association | Clinton, October 18 r 19:
20 | September 20, 1900 |
1 p. O. pap.
Program | of the | Southeastern Iowa | teachers' association | sev-
enth annual session | Grinnell, Iowa, April 4, 5, 6, 1901 | [Cut of]
Blair hall, Iowa College, Grinnell, Iowa. | Officers: | supt. J. F.
Riggs, Sigourney, president. | county supt. C. M. Donaldson,
Wapello, vice-president. | Miss Etta M. Bardwell, Ottumwa, sec-
388 THE IOWA JOURNAL
retary. | Supt. F. W. Else, Mt. Pleasant, treasurer. | Supt. C. H.
Carson, Marengo, chairman executive committee. | Supt. D. A
Thornburg, Grinnell, chairman local committees. | Prin. W. J.
Samson, Burlington, railroad secretary. |
15 p. S. pap.
Circular of information | no. 2 | Relating to transportation of
pupils | increased educational facilities for advanced pupils | and
township graded schools for all pupils | Issued by the Department of
public instruction November 1, 1900 | Richard C. Barrett | superin-
tendent | Des Moines | F. R. Conaway, state printer | 1900 |
10 p. O. pap.
State of Iowa | Department of | public instruction | Des Moines |
Official call for spring conventions of | Iowa county superintendents |
Richard C. Barrett | superintendent public instruction | Albert C.
Ross, deputy Des Moines, | B. Murphy, state printer. | 1902.
4 p. O. pap.
State of Iowa | Department of | public instruction Des Moines |
Opinions of attorney -general |
Dated Jan. 17, 1901. Des Moines. 4 p. 0. pap.
State of Iowa Department of | public instruction | Des Moines |
Official call | to county superintendents of Iowa: | Richard C. Bar-
rett, | superintendent public instruction. | December 9, 1900. |
4 p. 0. pap.
State of Iowa Department of | public instruction | Des Moines |
Official call. | To county superintendents of Iowa: | Richard C. Bar-
rett, | superintendent public instruction. | December 9, 1901. |
4 p. O. pap.
State of Iowa | Department of | public instruction | Des Moines |
Library circular [Oct. 1900.] |
4 p. O. pap.
RAILROAD COMMISSIONERS
Twenty -third annual report of the | Board of railroad commis-
sioners | for the | year ending June 30, 1900. | State of Iowa | Printed
OF HISTORY AND POLITICS 389
by order of the General assembly. | Des Moines: | B. Murphy, state
printer. | 1901. |
469 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 2.
Twenty -fourth annual report | of the | Board of railroad commis-
sioners | for the | year ending June 30, 1901. | State of Iowa | Printed
by order of the General assembly. | Des Moines. | B. Murphy, state
printer. | 1902. |
633 p. 0. cl.
Contained also in the set of Iowa documents, 1902, vol. 2.
These reports contain a large amount of statistical information in regard to
the returns of the railway companies in the state, their mileage and lists of officers
and directors, the decisions of the commissioners on various railroad cases, and
reports of accidents in Iowa. The report for 1901 contains, in addition, the Iowa
freight classification no. 12, with which is incorporated the schedule of reasonable
maximum rates of charges for the transportation of freight and cars.
Laws of Iowa | pertaining to | railways, express companies, etc.,
etc. | Appendix to the twenty-second annual report (1899) | of the |
Board of railroad commissioners. | (Published by permission of the
Executive council, from | the code of 1897, including session laws |
of 1898 and 1900.) Des Moines: | F. R. Conaway, state printer, |
1900
515 p. O. cl.
State of Iowa. | Schedule of reasonable | maximum rates of charges |
for the transportation of | freight and cars | on each of the railroads
of the state of Iowa, | together with a | classification of freights. |
Prepared by the railroad commissioners, | in accordance with the
laws of the state. Taking effect October 1, 1901. | Des Moines: | B.
Murphy, state printer. | 1901. |
170 p. Q. pap.
Inner title page reads:
Iowa classification no. 12 | (taking effect October 1, 1901.) | with
which is incorporated the schedule of | reasonable maximum rates of
charges | for the transportation of | freight and cars, | and | classifica-
tion of railroads. | Prepared by the board of railroad commissioners
of the state of Iowa, in accordance with the laws of the state. I
390 THE IOWA JOURNAL
Map of | Iowa | prepared and printed for the | railroad commis-
sioners, | to accompany their report. | Rand, McNally & co., en-
gravers, Chicago. |
Scale: 8 miles = 1 inch.
SCHOOL FOR THE DEAF
Twenty -fourth biennial report | of the | superintendent | of the |
Iowa school for the deaf | at Council Bluffs, | to the | Board of con-
trol of state institutions for the period ending June 30, 1901 | Glen-
wood, Iowa | State institution press | 1902 |
30 p. pi. 0. pap.
SECRETARY OF STATE
Fifteenth year | Iowa | official | register | published by the | secre-
tary of state by order of | the General assembly. | 1900 |
492 p. por. D. cl.
Contents: Pt. 1: Early history of Iowa. Iowa constitution. Territorial and
state officers. Pt. 2: State, district and county officers. Pt. 3: Board of control.
State institutions. Iowa national guard. Pt. 4: Transactions of the Executive
council for the year 1899. Pt. 5: Election statistics of the state election, 1899.
Pt. 6: National election 1896. Statistics, party platforms, organizations, etc.
Pt. 7: National and state governments. Treaty of peace. Our new possessions.
Pt. 8: Miscellaneous statistics.
Sixteenth year | Iowa | official | register | published by the | secre-
tary of state by order of | the General assembly. | 1901 |
528 p. por. map, D. cl.
Contents: Organic law of Iowa. Admission of Iowa into the union. Con-
stitution of Iowa. Pt. 2: State, district and county officers. Pt. 3: Board of
control. State institutions. Iowa national guard. Library statistics. Pt. 4:
Transactions of the Executive council for the year 1900. Pt. 5: Political plat-
forms and parties. Iowa statistics of the general election 1900. Pt. 6: National
and state governments. Military and civil governments of our new possessions.
Pt. 7: U. S. Census statistics. Census of Cuba, Porto Rico and the Hawaiian
islands. Miscellaneous statistics.
Report | of the | secretary of state | relating to | criminal convic-
tions | for the years 1900 and 1901. | William B. Martin, secretary
of state. | Printed by order of the | General assembly. | [Des Moines, |
B. Murphy, state printer. 1901.]
149 p. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 1.
OF HISTORY AND POLITICS 391
SENATE
Journal of the Senate | of the | twenty -eighth General assembly | of
the | state of Iowa | which convened at the capitol at Des Moines |
January 8, 1900. | Des Moines: | F. R. Conaway, state printer, |
1900 |
1127 p. O. sh.
Eighteenth biennial report | of the | superintendent | of the | Iowa
soldiers' orphans' home | at | Davenport | to the | Board of control of
state institutions | for the period ending June 30, 1901 | Glenwood,
Iowa | State institution press | 1902 |
31 p. pi. O. pap.
STATE AGRICULTURAL COLLEGE
Nineteenth biennial report | of the Iowa state college of agri-
culture | and the mechanic arts made to | the governor of Iowa | for
the years 1900-1901 | Printed by order of the General assembly, |
Des Moines | B. Murphy, state printer | 1901 |
85 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 3.
Iowa state college | of | agriculture | and | the mechanic arts. | Cata-
log 1900-1901. | "Science with practice" 1901. | By the college. |
Ames. |
332 p. D. pap.
Bulletin 44. February 1900 | Iowa agricultural college | Experi-
ment station. | Ames, Iowa. | Department of horticulture and for-
estry. | Observations and suggestions on the | root -killing of fruit
trees. | Ames, Iowa. | Intelligencer printing house. | 1899. |
179-213 p. O. pap.
Bulletin 45. February 1900. Iowa agricultural college | Experi-
ment station, | Ames, Iowa. | Field experiments with | corn, oats,
barley, wheat, brome grass, rape, sorghum, | soy beans, cow peas,
and sugar beets. | Ames, Iowa. | Intelligencer printing house. | 1900. |
215-229 p. pi. O. pap,
392 THE IOWA JOURNAL
Bulletin 46. March, 1900. | Iowa agricultural college | Experiment
station | Ames, Iowa | Department of horticulture and forestry |
Facts and opinions about | plums and plum growing | in Iowa | Re-
publican printing co. | Cedar Rapids, la. | printers & binders. |
232-303 p. pi. O. pap.
Bulletin 47 March 1900 | Iowa agricultural college | Experiment
station | [Cut of sweet potato patch — Horticultural experiment
grounds] | Department of horticulture and forestry | Ames, Iowa |
Notes on vegetables, | cucumbers, lima beans, tomatoes, | egg plants,
sweet potatoes, peppers | Press of Carter & Hussey Des Moines,
Iowa. |
307-337 p. illus. O. pap.
Bulletin 48. June 1900 | Iowa agricultural college | Experiment
station, | Ames, Iowa. | Department of animal husbandry. [Con-
tents, 8 lines] | Ames, Iowa. | Intelligencer printing house. 1900.
339-460 p. illus. 0. pap.
Bulletin 49 June, 1900 Iowa agricultural college | Experiment
station | Ames, Iowa | Department of entomology | Miscellaneous in-
sects | Republican printing co. | Cedar Rapids, la. | printers &
binders. |
9 p. illus. 0. pap.
Bulletin 50 June, 1900 Iowa agricultural college | Experiment
station | Ames, Iowa | Department of entomology | Insecticide meth-
ods | Republican printing co. | Cedar Rapids, la. printers & bind-
ers. |
11-23 p. 0. pap.
Bulletin 51 | August, 1900 Iowa agricultural college | Experiment
station Ames, Iowa | Department of agriculture | Winter wheat |
Ames, Iowa | The Times press |
21-30 p. O. pap.
Bulletin 52 September, 1900 Iowa agricultural college | Experi-
ment station | Ames, Iowa | Dairy and chemistry departments | 1.
Cream testing. | 2. The influence of certain conditions in churning
OF HISTORY AND POLITICS 393
on the amount of water in butter. | 3. A study of butter increasers. |
1900 | The Times press | Ames, Iowa |
29-59 p. O. pap.
Bulletin 53. November 1900 Iowa agricultural college | Experi-
ment station, | Ames, Iowa. The asparagus rust in Iowa. | Ames,
Iowa. | Intelligencer printing house | 1900. |
58-67 p. O. pap.
Bulletin 54 January, 1901. Iowa agricultural college | Experi-
ment station | Ames, Iowa | Grasses | by L. H. Pammel, J. B. Weems
and F. Lamson-Scribner | F. R. Conaway | Des Moines, Iowa | 1901. |
71-344 p. 0. pap.
Bulletin 55 February, 1901 | Iowa agricultural college | Experi-
ment station | Ames, Iowa | Field experiments | Corn, test of varie-
ties, methods of cultivation, selection, shrinkage; oats, barley, spring
wheat, speltz, sorghum, rape, kohlrabi, soy beans and sugar beets |
Ames, Iowa | The Ames Times press | 1901 |
362-84 p. illus. O. pap.
Bulletin 56 March 1901 | Iowa agricultural college | Experiment
station | Ames, Iowa | Pastures and meadows of Iowa | by | L. H.
Pammel; J. B. Weems and F. Lamson-Scribner | F. R. Conaway |
Des Moines, Iowa | 1901 |
385-621 p. illus. O. pap.
Bulletin 57 April, 1901 | Iowa agricultural college | Experiment
station | Ames, Iowa | Experiments in curing | cheese | Ames, Iowa |
Press of the Times | 1901 |
14 p. illus. O. pap.
Bulletin 58. April 1901. | Iowa agricultural college Experiment
station, Ames, Iowa. | Parturient paralysis and the Schmidt treat-
ment. List of bulletins published by the | Iowa experiment station. |
Ames, Iowa. [ Intelligencer printing house | 1901.
17-36 p. O. pap.
Bulletin 59 August, 1901 | Iowa agricultural college | Experiment
station | Ames, Iowa | A bacteriological study of the college | cream.
394 THE IOWA JOURNAL
ery milk supply | A case of putrid butter | Purification of milk by
the centrifugal | separator | Ames, Iowa | Press of the Ames Times |
1901 |
37-59 p. illus. 0. pap.
Bulletin 60. September, 1901. | Iowa agricultural college | Experi-
ment station, | Ames, Iowa. | The aphididse of North America. |
Ames, Iowa. | Intelligencer printing house. | 1901. |
63-138 p. O. pap.
Bulletin 62 December, 1901 | Iowa agricultural college | Experi-
ment station | Ames, Iowa | A. study on the germination and | growth
of leguminosse, espec|ially with reference to small and large seed |
Reprinted from Proceedings of the twenty- second annual meeting of
the | society for the promotion of agricultural science, 1901. | Ames,
Iowa | 1901 |
156-177 p. illus. O. pap.
STATE HISTORICAL SOCIETY OF IOWA
Twenty -third biennial report | of the | Board of curators | of the I
State historical society | to the | governor of the state | 1901 | Printed
by order of the General assembly | Des Moines: | B. Murphy, state
printer | 1901 |
12 p. 0. pap.
Contained also in the set of Iowa documents, 1902, vol. 3.
Iowa | historical record | published by the | State historical so-
ciety | at | Iowa City | Volume 16, 17 and 18. | 1900-1901-1902 |
Iowa City, Iowa | 1901 |
602 p. por. pi. O.
Issued quarterly, four numbers constituting a volume. Vols. 16 and 17 only
belong to the period covered by this bibliography, 1900-1901.
Documentary material | relating to | the history of Iowa | edited
by | Benjamin F. Shambaugh, A. M., Ph. D. | professor in the State
university of Iowa. | Volume 2. | Numbers 13, 14, 15, 16. | Pub-
lished by | the State | historical society of Iowa | Iowa City, Iowa |
1900 |
147-288 p. O. pap.
OF HISTORY AND POLITICS 395
Numbers 9, 10, 11, 12 of this volume were published by the State university of
Iowa. With number 13 the publication of the series was resumed by the State
historical society. Volume 2 is also issued as a complete volume, of 288 pages,
containing numbers 9-16.
Documentary material | relating to | the history of Iowa | edited
by | Benjamin F. Shambaugh, A. M., Ph. D. | professor in the State
university of Iowa | Volume 3 | Local government | Published by |
the State historical society of Iowa | Iowa City, Iowa | [1901] |
325 p. O. pap.
This volume is a continuation, as to contents, of volume 2 and deals with local
government. It covers the period from 1836 to 1842.
Fragments of the debates | of the | Iowa | constitutional conven-
tions | of 1844 and 1846 | along with | press comments and other ma-
terials | on the | constitutions of 1844 and 1846 | Compiled and edited |
by | Benjamin F. Shambaugh, A. M., Ph. D. | professor of govern-
ment and administration | in the university of Iowa | Published by
the | State historical society of Iowa | Iowa City, Iowa | 1900 |
415 p. 0. pap.
This volume is one of the most valuable source books in Iowa history, since it
makes available and accessible the documentary materials relative to the making
of the constitutions of 1844 and 1846. There were preserved no complete official
reports of the debates of the conventions of 1844 and 1846.
STATE LIBRARY
Biennial report | of the | state librarian | to the | governor of the
state of Iowa | July 1, 1901 | Johnson Brigham | state librarian |
Printed by order of the General assembly | Des Homes: | Bernard
Murphy, state printer | 1902 |
198 p. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 3.
STATE NORMAL SCHOOL
Thirteenth biennial report | of the | state normal school | at | Cedar
Falls, Iowa. | School years 1899-1900 and 1900-1901. | Printed by
order of the General assembly. | Des Homes: | Bernard Murphy,
state printer. | 1901. |
48 p. illus. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 4.
396 THE IOWA JOURNAL
Bulletin | of the | State normal school | Cedar Falls, Iowa. | 1900 |
Vol. 1. June. No. 1. | Issued quarterly. | Published by the Normal
school. | Entered at the post office at Cedar Falls as second class
matter.
142 p. pi. 0. pap.
Bulletin | of the | State normal school | 1900. | Vol. 1. October.
No. 2. | Issued quarterly. | Published by the Normal school. | Entered
at the post office at Cedar Falls as second class matter. |
53 p. plans, 0. pap.
Bulletin | of the | State normal school 1901. | Vol. 1. January.
No. 3. | Issued quarterly. | Published by the Normal school. Entered
at the post office at Cedar Falls as second class matter. |
47 p. 0. pap.
Containing announcement of the 5th annual session of the summer term, June
15- July 26, 1901.
Bulletin | of the | State normal school. | Vol. 1. April, 1901. No.
4. | Issued quarterly. | Published by the Normal school. | Entered
at the post office at Cedar Falls as second class matter. |
192 p. pi. 0. pap.
The inner cover reads:
Quarterly centennial register | of the | State normal school, | in-
cluding a brief history of the founding, organization, growth | and
development of the institution. | State normal bulletin. | Vol. 1.
April No. 4. | 1901. |
Bulletin | of the | State normal school Cedar Falls, Iowa. | 1901. |
Vol. 2. June. No. 1. | Issued quarterly. | Published by the Normal
school. Entered at the post office at Cedar Falls as second class
matter. |
159 p. pi. 0. pap.
Catalogue and circular for school year 1900-1901.
Bulletin | of the | State normal school | Cedar Falls, Iowa. | 1901.
Vol. 2. October. No. 2. | Issued quarterly. | Published by the Nor-
mal school. | Entered at the post office at Cedar Falls as second class
matter. |
217 p. pi. 0. pap.
OF HISTORY AND POLITICS 397
The inner cover reads:
State normal manual | for | public school teachers | by | Wilbur H.
Bender, Ph.B. | supervisor | advanced training department. | Iowa
state normal school | Cedar Falls, Iowa | State normal school bul-
letin, | Vol. 2. October. No. 2. | 1901. |
STATE UNIVERSITY OF IOWA
The State university of Iowa | Iowa City | Twenty-second biennial
report | to the | governor | and the | twenty-ninth General assembly |
October 15, 1901. | Printed by order of the General assembly. | Des
Moines: | B. Murphy, state printer. | 1901. |
89 p. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 3.
Bulletin of the State university of Iowa, no. 7 | Announcement |
of the | summer session | for 1900 | State university of Iowa | Pub-
lished by the university | Iowa City, Iowa | [Notices, 3 lines] |
26 p. I), pap.
The State university of Iowa | A bibliography | of the | publica-
tions of the university | and its members | The university press
Iowa City, Iowa | [1900] |
64 p. 0. pap.
Bulletin, new series, no. 8. March, 1900.
Annual announcement | of the | law department | of the | State
university of Iowa | Iowa City, Iowa | 1900-1901 | Published by the
university | 1900. |
29 p. 0. D. pap.
Bulletin, new series, no. 9. April, 1900.
Annual announcement | of the | medical department | of the | State
university of Iowa | Iowa City, Iowa | 1900-1901 | Published by the
university | 1900 |
35 p. D. pap.
Bulletin, new series, no. 10, April, 1900.
Annual announcement | of the homoeopathic | medical depart-
ment | of the | State university of Iowa | Iowa City, Iowa | 1900
1901 | Published by the university | 1900 |
24 p. D. pap.
Bulletin, new series, no. 11. April, 1900.
398 THE IOWA JOURNAL
Annual announcement | of the | dental department | of the | State
university of Iowa | Iowa City, Iowa | 1900-1901 | Published by the
university | 1900 |
32 p. pi. D. pap.
Bulletin, new series, no. 12. April, 1900.
Annual announcement | of the | pharmacy department | of the | State
university of Iowa | Iowa City, Iowa | 1900-1901 | Published by the
university | 1900 |
18 p. pi. D. pap.
Bulletin, new series, no. 13. April, 1900.
Calendar | of the State university of Iowa | Iowa City, Iowa |
1899-1900 | With announcements for 1900-1901 | Published by the
university | 1900 |
266 p. D. pap.
Bulletin, new series, no. 14. May, 1900.
Announcement | of the | graduate college | of the | State university
of Iowa | for 1900-1901 | Published by the university | August 1900 |
82 p. D. pap.
Bulletin, new series, no. 17. August, 1900.
The State university of Iowa | Announcement | of | the Iowa school |
of | political and social science | for | 1900-1901 | Graduate and un-
dergraduate courses | History, sociology, | economics, statistics, |
politics, commerce, jurisprudence, | Iowa City, Iowa | September,
1900
29 p. 0. pap.
Bulletin, new series, no. 18. September, 1900.
Announcement | of | the summer session | of | the State university
of Iowa | June 17-July 27 | 1901 | Iowa City, Iowa | December, 1900 |
47 p. O. pap.
Bulletin, new series, no. 20. December, 1900.
Vol. 5. No. 2. | Bulletin | from the | laboratories of natural his-
tory | of the | State university of Iowa. | Published by authority of
the regents. | Iowa City, Iowa: | May, 1901. |
216 p. pi. O. pap.
Contents: The ranunculacesB of Iowa, by T. J. and M. F. L. Fitzpatrick.
Pyramidula shimekii (Pilsbry) Shimek, by B. Shimek. Iowa pteridophyta in
OF HISTORY AND POLITICS 399
the herbarium of the State university of Iowa, by B. Shimek. Descriptions of
American uredinese, 111, by J. C. Arthur and E. W. D. Holway. Loess of Iowa
City and vicinity, by B. Shimek. Iowa pteridophyta (continued), by B. Shimek.
Addenda to the Flora of Lyon county, Iowa, by B. Shimek.
Bulletin, no. 21.
The | State university of Iowa | Announcement | of the | graduate
college | 1901-1902 | [Seal] | Published by the university | Iowa
City, Iowa | 1901 |
105 p. D. pap.
Bulletin, new series, no. 25. April, 1900.
The | State university of Iowa | Announcement | of the | college
of liberal arts | 1901-1902 | Published by the university | Iowa City,
Iowa, | 1901 |
195 p. D. pap.
Bulletin, new series, no. 27. April, 1901.
The | State university of Iowa | Announcement | of the | college of
dentistry | 1901-1902 | [Seal] Published by the university | Iowa
City, Iowa | 1901 |
44 p. O. pi. pap.
Bulletin, new series, no. 28. April, 1901.
The | State university of Iowa | Announcement | of the | college of
pharmacy | 1901-1902 | Published by the university | Iowa City,
Iowa | 1901 |
28 p. pi. D. pap.
Bulletin, new series, no. 29. April, 1901.
The | State university of Iowa Calendar | 1900-1901 | [Seal] |
Published by the university | Iowa City, Iowa | 1901 |
464 p. D. pap.
Bulletin, new series, no. 30. June, 1901.
The | law bulletin | of the State university | of Iowa | for the use
of students | Edited by the faculty of the law department | Number
thirty -five | February 1900 | Contents [2 lines] Iowa City | Pub-
lished by the university | 1900 |
32 p. 0. pap.
The | law bulletin | of | the State university | of Iowa | for the use
of students | Edited by the faculty of the law department | Number
400 THE IOWA JOURNAL
thirty-six April 1900 | Contents [7 lines] | Iowa City | Published
by the university | 1900 |
by the university | 1900
24 p. O. pap.
The | law bulletin | of | the State university of Iowa | for the use
of students | Edited by the faculty of the college of law Number
thirty -seven | October, 1900 | Contents. [2 lines] | Iowa City Pub-
lished by the university | 1900 |
22 p. O. pap.
The | law bulletin | of | the State university | of Iowa for the use
of students | Edited by the faculty of the college of law | Number
thirty -eight | December, 1900 | Contents. [4 lines] | Iowa City |
Published by the university | 1901 |
24 p. 0. pap.
The | law bulletin | of | the State university | of Iowa | for the use
of students | Edited by the faculty of the college of law | Number
thirty -nine | February, 1901 | Contents. [5 lines] | Iowa City Pub-
lished by the university | 1901 |
24 p. 0. pap.
The law bulletin | of | the State university | of Iowa | for the use
of students | Edited by the faculty of the college of law | Number
forty | April 1901 | Contents [1 line] | Iowa City | Published by the
university | 1901 |
24 p. O. pap.
The | law bulletin | of | the State university | of Iowa | for the use
of students | Edited by the faculty of the college of law Number
forty-one. | October 1901 | Contents [ 1 line] | Iowa City | Published
by the university | 1901
28 p. O. pap.
The | law bulletin | of | the State university | of Iowa for the use
of students Edited by the faculty of the college of law Number
forty-two December, 1901 Contents [1 line] | Iowa City Published
by the university 1901 |
42 p. O. pap.
OF HISTORY AND POLITICS 4Q1
SUPREME COURT
Reports | of | cases at law and in equity | determined by the | Su-
preme court | of the | state of Iowa. | December 14, 1899- April 11,
1900. | By | Benj. J. Salinger. | Volume 21; | being volume 110 of
the series. | Des Moines, Iowa: | Geo. II. Ragsdale, publisher,] 1901. |
886 p. O. sh.
Reports | of | cases at law and in equity | determined by the | Su-
preme court | of the | state of Iowa. | April 12, 1900-October 3,
1900. By | Benj. J. Salinger. | Volume 22, | being volume 111 of the
series. | Des Moines, Iowa: | Geo. H. Ragsdale, publisher | 1901. |
899 p. O. sh.
Reports | of | cases at law and in equity | determined by the | Su-
preme court | of the | state of Iowa. | October 3, 1900— January 18,
1901. | By Benj. J. Salinger. | Volume 23, | being volume 112 of the
series. | Des Moines, Iowa: | Geo. H. Ragsdale, publisher | 1901. |
876 p. 0. sh.
Statutes and rules | regulating | admissions to the bar in Iowa |
in force from and after | July 4, 1901 | Published by the Supreme
court | Des Moines | 1901. |
7 p. O. pap.
Supreme court docket | January term, A. D. 1900. | At | Des
Moines, Iowa. | [Notices, 3 lines. Index, 20 lines. Names of judges,
9 lines.] | Terms of supreme court commence | third Tuesday in Jan-
uary, | second Tuesday in May, | first Tuesday in October. |
33 p. Q. pap.
Supreme court docket | May term, A. D. 1900. | At | Des Moines,
Iowa. | [Notices, 3 lines. Index, 20 lines. Names of judges, 9
lines.] | Terms of supreme court commence | third Tuesday in Janu-
ary, | second Tuesday in May, | first Tuesday in October. |
33 p. Q. pap.
Supreme court docket | October term, A. D. 1900. | At | Des
Moines, Iowa. | [Notices, 3 lines. Index, 20 lines. Names of judges,
9 lines.] | Terms of supreme court commence | third Tuesday in Jan-
uary, | second Tuesday in May, | first Tuesday in October. |
33 p. Q. pap.
402 THE IOWA JOURNAL
Supreme court docket | January term, A. D. 1901. | At | Des
Moines, Iowa. | [Notices, 3 lines. Index, 20 lines. Names of judges,
9 lines.] | Terms of supreme court commence | third Tuesday in Jan-
uary, | second Tuesday in May, | first Tuesday in October. |
33 p. Q. pap.
Supreme court docket | May term, A. D. 1901. | At | Des Moines,
Iowa. [Notices, 3 lines. Index, 20 lines. Names of judges, 9
lines.] | Terms of supreme court commence | third Tuesday in Janu-
ary, | second Tuesday in May, | first Tuesday in October. |
33 p. Q. pap.
Supreme court docket | October term, A. D. 1901. At Des Moines,
Iowa. | [Notices, 3 lines. Index, 20 lines. Names of judges, 9
lines.] | Terms of supreme court commence third Tuesday in Janu-
ary, | second Tuesday in May, first Tuesday in October. |
33 p. Q. pap.
TREASURER OF STATE
Biennial report | of the treasurer of state of Iowa | for the | bien-
nial period ending June 30, 1901 | G. S. Gilbertson | treasurer of the
state of Iowa | Des Moines | B. Murphy, state printer | 1901 |
293 p. O. cl.
Contained also in the set of Iowa documents, 1902, vol. 1.
Circular no. 12, Feb. 1901 — 1,000. Division inheritance taxes. |
Attorney's fees are not to be deducted in computing | the collateral
inheritance tax. | The following is an opinion of the attorney-general
with reference to the deduction of attorney's fees as | one of the
items included in the term "debts," as defined in section 1, chapter
51, acts of the twenty -eighth General assembly. | G. S. Gilbertson |
treasurer of state February 15, 1901. | [33 lines] |
1 p. Q. pap.
Circular no. 14 — July, 1901. 1,000. — Division inheritance taxes. |
The collateral inheritance tax is imposed only upon the | estate owned
by the decedent at time of death and not upon | interest or income
subsequently arising. | State of Iowa, | Treasury department, | Des
Moines, July 24, 1901. | The question as to whether the collateral in-
OF HISTORY AND POLITICS 403
heritance tax should be computed on the | value of an estate as it ex-
isted at the time of death of the decedent, or upon its value at | the
time of distribution to the heirs or legatees, having often arisen, and
there being a | considerable division of opinion on this point among
those concerned in the settlement | of this tax, the Treasury depart-
ment called upon Hon. Ohas. W. Mullen, attorney gen | eral, for an
opinion covering the question. | His opinion follows herein. We re-
quest county attorneys and clerks of the district | court to give this
publicity among the attorneys of the several counties of the state. |
G. S. Gilbertson, | treasurer of state. |
3 p. Q. pap.
VETERINARY SURGEON
Third biennial report | of the | veterinary surgeon | of the | state of
Iowa | to the | governor of Iowa | for the | period ending June 30,
1901 | Des Moines: B. Murphy, state printer 1901 |
46 p. por. O. pap.
Contained also in the set of Iowa documents, 1902, vol. 5.
VICKSBTJRG COMMISSION
Commissioner's report | Commission to locate the position of | Iowa
troops | in the | siege of Vicksburg | J. K. P. Thompson, chairman |
1901 | Des Moines: | B. Murphy, state printer | 1901 |
48 p. map, O. pap.
SOME PUBLICATIONS
John Marshall, Life, Character, and Judicial Services. As portrayed
in the Centenary and Memorial Addresses and Proceedings
throughout the United States on Marshall Day, 1901, and in the
Classic Orations of Binney, Story, Phelps, Waite, and Rawle.
Compiled and Edited with an Introduction. By JOHN F. DIL-
LON. Chicago: Callaghan & Company. 1903. Vol. I, pp.
viii, 528. Vol. II, pp. 565. Vol. Ill, pp. 523.
No more characteristic or eulogistic tribute was ever paid in this
or any other country to the memory of an illustrious public man than
that involved in the commemoration of the centennial of John
Marshall's installation as Chief Justice of the Supreme Court of the
United States, February 4th, 1801. In response to a request made
by the American Bar Association, the day was observed at the
national capital, and in thirty -eight of the States of the Union, and
at assemblages of various kinds, spontaneously called in response to
this suggestion, addresses were delivered in which calmly, argu-
mentatively and conclusively the life, character, and genius of the
great Chief Justice were described and extolled. But this general
tribute was significant of something of larger value than the personal
greatness of one man. It was significant of the completion of a
century of constitutional development in the United States, the ulti-
mate vindication of the principles on which the federal government
was founded, and the final demonstration of the success of demo-
cratic institutions, resting for their security on the respect for law
and good government prevailing with the body of the people of this
nation. It was not a tribute to military glory nor to regal power,
but a spontaneous intellectual recognition of the greatness of charac-
ter, faithful services, and eminent attainments of one whose claims to
recognition as a great man among the leaders in the world's history
rested upon the administration of the duties and the discharge of the
OF HISTORY AND POLITICS 495
responsibilities of a judicial office in which there was no opportunity
for distinction, save as it was afforded by the wisdom, learning, and
j udgment involved in pronouncing the law of the land, that system
of law recognized in and guaranteed by our constitution, and resting
for its effective enforcement on the acquiesence of the people gov-
erned. Chief Justice Marshall's fame was already established, and
needed not this volume of concurrent tribute to make it known.
But the spontaneous and unanimous response to an appeal which did
not proceed from any formal or commanding source, but from those
who were recognized as proper custodians of the dignity and author-
ity of the law as a rule of conduct, rather than the command of a
sovereign, was most significant as to the preponderating influence in
the government under which it is our privilege to live.
These volumes are, therefore, of great value, not only for what
they contain, but for what they typify, and they constitute a monu-
ment, or, as it were, a milestone of a significant and important epoch,
not only in our national history, but, as we may justly believe, in
the history of civilization. They, however, are not merely in them-
selves a monument or a mark, but they contain a most interesting
and fundamental exposition of our whole theory of constitutional
government; for Marshall's announcement of the principles in accord-
ance with which the federal constitution must be interpreted, and
the results of such interpretation, have been accepted by all as a part
of our fundamental law, and it is not derogatory to the credit to
which the great Chief Justice is entitled, but rather in enhancement
of it, that he is recognized, not as the originator, but merely as a
careful and conscientious expounder of the great system of govern-
ment which, as the result of historical development and human wis-
dom combined, was embodied in our constitutional system. No one
could speak with better right and more conclusively than those
whose addresses are included in these volumes. Among them it will
not be invidious to mention Justice Gray, Judge Dillon, Wayne
MacVeagh, Professor Thayer, Richard Olney and Bourke Cockran.
By preserving the most significant portions only of the addresses which
406 THE IOWA JOURNAL
are included in the compilation, and at the same time giving some
matter from each of the many which were delivered, the editor has
constructed a work which presents at once many views of the ques-
tions which are suggested by the life and services of Chief Justice
Marshall, evidences the wide extended recognition of his services,
and embodies practically all that the most careful biographer would
be able to collect as to his life. The addition of the monumental ora-
tions of Horace Binney and Justice Story, delivered soon after
Marshall's death, the address on Marshall delivered in 1879 by Ed-
ward J. Phelps before the American Bar Association, and the ad-
dresses of Chief Justice Waite and William Henry Rawle in connec-
tion with the unveiling of the statue of Marshall at Washington in
1884, make this work a practically complete embodiment of that
which those best qualified to speak on the subject have had to say
with reference to John Marshall.
The preparation of these volumes is itself a monumental work,
and another evidence of the devotion of Judge Dillon to the system
of jurisprudence of which he has been so eminent an expounder as
lawyer, judge, lecturer, and author. That he was willing to under-
take so great a task, and give such valuable and painstaking service
to the presentation of that which others have said by way of tribute
to the first great Chief Justice, entitles him to our deepest gratitude.
His work has been worthily supplemented by that of the publisher,
and nothing is left to be desired in the embodiment in permanent and
accessible form of the national tribute paid to the memory of Marshall
on the centennial of his elevation to the office of Chief Justice.
EMLIN McCLAiN
SUPREME COURT CHAMBERS
DBS MOINES
Texas. By GEORGE P. GARRISON. Boston: Houghton, Mifflin &
Co. 1903. Pp. v, 320.
Of the commonwealths once included within the Spanish province
of Louisiana, Texas alone has had an independent existence; its his-
tory has, accordingly, a certain unity not to be found in that of States
OF HISTORY AND POLITICS 407
which have been carved artificially out of the national domain. For
this, if for no other reason, the volume on Texas is a welcome addi-
tion to the American commonwealth series. The author has pre-
ferred to call his contribution to the series a study based on the
history of Texas rather than a history proper. It has been his aim
to give "a picture of what Texas is and of the process by which it
has become such." This prefatory promise lacks something of com-
plete realization. The experience of the people of Texas, which the
author professes to recite, proves to be almost exclusively political
experience; and the reader will thumb the pages of the volume in
vain for the social and institutional aspects of the history of the
southwest. Except for a brief chapter on Spanish modes of occupa-
tion, there is hardly a suggestion of the economic and social life of
the early colonists. The advent of the l < Anglo-American " is her-
alded and his political mission duly emphasized; but where he came
from, and why he came, and what social and political institutions he
brought with him, and how these institutions were adapted to a
quasi-Spanish environment, the reader is left to surmise. In his first
chapter the author assures us that Spanish influences left "inefface-
able marks" on the institutions of Texas, but just what these marks
are, does not appear. We are told that no feature of Texan history
is more instructive than the development of the public land policy,
but no further information is vouchsafed, save in a brief reference to
the public land reservations for educational purposes.
Had the volume professed to be no more than a sketch of the polit-
ical history of this vast commonwealth of the southwest, the reader
would pronounce it a meritorious piece of work, since it bears evi-
dence of laborious study of the original sources and patient accumu-
lation of data at first hand. If the treatment of Texan history un-
der Spanish rule seems disproportionately long, the fault, if it is
such, may be readily condoned, for the writer has imparted thereby
a decided old-world flavor to Texan life and created an admirable
setting for the study of later political changes. Three short chapters
are made to suffice for the history of Texas since annexation to the
408 THE IOWA JOURNAL
United States. Reconstruction days are passed over with a laconic
brevity that suggests volumes of pent-up feeling. "Texas of To-day"
is the title of a concluding chapter of somewhat encyclopedic character.
Population, resources, education, and industries receive here a brief
consideration; but recent experiences connected with the "free grass"
movement and the farmers' alliance are passed over in silence.
While the author has admirably preserved the attitude of impartial
critic throughout his study, there are, nevertheless', some statements,
here and there, which are open to question. We fail to see on what
grounds the inference rests, that Texas "would likely soon have
become a commanding figure in its role of nationality." (p. 228).
Frequent bickerings with France and England and continued hostil-
ities with Mexico would seem to be sufficient evidence to the con-
trary. Statistics will hardly bear out the contention that Texas is
"the one southern State that has really grown by immigration." (p.
305). The remark that "there are few States whose people are so
cosmopolitan" (p. 306), will hardly pass unchallenged. The author's
enthusiastic admiration of the defense of the Alamo as "the superla-
tively dramatic episode in the history of America" (p. 68) and as the
most heroic event in American history," (p. 207) is not likely to kindle
corresponding emotions in American readers. It is instructive to find
Bancroft, in his History of Mexico, averring that "the blood, both of
Mexicans and Texans, shed at Alamo was a useless sacrifice. "
ALLEN JOHNSON
IOWA COLLEGE
GRINNELL
The Government of Maine. By WILLIAM MAC DONALD, LL. D. New
York: The Macmillan Co. 1902. Pp.263.
In 1901 the Macmillan Company began the publication of a series
on our State governments, entitled the Handbooks of American
Government, to be edited by Professor Lawrence B. Evans of
Tufts College. The volume before us is the third of the series to be
published, having been preceded in 1901 by Professor McVey's
The Government of Minnesota, and in 1902 by Professor Morey's
OF HISTORY AND POLITICS 409
The Government of New York. Two forth-coming volumes are an-
nounced as "in preparation:" — one on Ohio, by W. H. Siebert, A. M.,
and one on Michigan, by Webster Cook, Ph. D.
The present volume "begun at Bowdoin College" was "finished at
Brown University" by one well equipped for the task. It is a small
volume of 263 pages, of which 188 make up the body of the text, 75
being given to four appendices.
The field covered is the whole range of State and local govern-
ment, and, if the book is small, we are reminded by the author that
he has "tried to keep in mind the needs of students in the high
schools and academies, for whose use it is particularly designed, and
to avoid overloading the text with relatively unimportant details."
This quotation explains the aim of the whole series as well as of this
one volume.
The first two chapters are given to a historical sketch of Maine as
Province, District, and State, covering a period from 1603 to ]903.
The history of Maine as a District of Massachusetts is certainly inter-
esting, and here we wish the author might have been fuller. What
he tells us is good, but he does not tell all. The admission of Maine
in 1820 is spoken of, but that does not tell the whole story. Maine
had been in the Union since 1789. We are not told that the people of
Maine ratified the constitution in 1788 and voted for president from
1789 to 1820. The event of 1819-20 was rather a division of Mas-
sachusetts into two States. We are not told the exact reason why the
people of the District wished to be separated from Massachusetts
proper.
An exposition of the central government of the State is prefaced by a
discussion of the terms of admission to the Union, constitution-mak-
ing, amendment of constitutions, declarations of rights, etc. Then
follow chapters upon local government, nominations and elections,
and the administration of justice. An interesting chapter on educa-
tion explains the State system from district school to State University.
Under the caption, "The Protection and Comfort of the State," are
discussed the militia, State charities, correctional institutions, the
410 THE IOWA JOURNAL
prohibition law, etc. The final chapter treats of revenue and expend-
iture.
A valuable part of the book consists of four appendices. One is
chronological, one statistical, while a third gives a very helpful analy-
sis of the State and local government in outline. A fourth contains
fifty pages of valuable documentary material including the "Grant of
Maine to Gorges and Mason," the "Second Charter of Mass., 1691,"
the "Articles of Separation," "Act of Cession," "Act admitting
Maine into the Union," "the Constitution of Maine," etc.
Each chapter is prefaced by a list of references, all of which taken
together make up a working bibliography on the government of
Maine.
The plan of the whole series, which is to give in brief space clear
and concise accounts of the every day workings of our State and local
governments, as well as the execution of the volume in hand, is to
be highly commended.
F. H. GARVER
MORNINGSIDE COLLEGE
Sioux CITY
The Government of JVeio York. Its History and Administration.
By WILLIAM C. MOREY. New York : The Macmillan Co. 1902.
Pp. xiii, 294.
This little volume appears in the series, Handbooks of American
Government, edited by Dr. Lawrence B. Evans, Professor of History
in Tufts College. The idea of which it is the embodiment is one
which is rightly winning its place in the minds of educators. It is
in reality the substitution of the inductive for the deductive methods
of reasoning in the study of politics and history.
The attempt means that more attention is to be paid to the prac-
tical workings of government, hence the history of government is to
become more prominent. This will enable the student to familiarize
himself with the facts which heretofore have been used mainly by the
teacher to work out the principles which the student has accepted,
because they were given him. The method here laid down can not
OF HISTORY AND POLITICS 411
help but make clearer thinkers of our students of government because
of the added data by which to correct false deductions.
This book, like all of Professor Morey's efforts, is a model of
scientific arrangement and analysis. In this respect it may well
serve to guide workers in similar fields elsewhere. It is divided into
three parts, namely: The Growth, The Structure, and The Work of
the Government. The first part traces the historical development of
institutions from the landing of the Dutch to the final revision of
the Constitution in 1894. The second part treats of the Relation of
the State Constitution to the Federal Constitution, the Relation of
the Citizen to the State, and the Structure of State and Local Gov-
ernment; while the third part treats of the Functions of the Organs
of Government in the Administration of Justice, the Protection of
the People, the Support of Public Education, the Supervision of
Charities and Corrections, the Control of Economic Interests, and the
Management of Public Finances. There is added an appendix con-
taining excerpts from the most important and useful documents, to-
gether with other important material which the teacher finds useful
and the student finds interesting.
The work has been carefully done and the student and teacher will
find it a valuable guide and an extremely suggestive work for an in-
troduction to the more general and philosophical study of the theory
of our institutions.
H. G. PLUM
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Exploration of the Great Lakes in 1669-1670. By DOLLIER DE
CASSON and DE BREHANT DE GALINEE. JAMES H. COYNE,
editor and translator. Part I of Vol. IV of the Papers and
Records of the Ontario Historical Society. Toronto: 1903. Pp.
xxxviii, 90.
When Champlain, in 1609, set out from Quebec with a party of
Montagnais warriors to explore the country to the south of the St.
Lawrence he little realized the effect which that expedition was to
412 THE IOWA JOURNAL
have upon the development of the French empire in North America.
While his primary object was exploration, he was bound, in order to
accomplish his purpose, to espouse the cause of his allies and was
thus led into an unprovoked attack upon an Iroquois village near
Ticonderoga. An easy victory won for New France only the lasting
hostility of the Iroquois confederacy. These formidable adversaries
were for the next half century able to check all attempts of the
French to occupy the country to the south of the St. Lawrence and
even rendered traffic along the upper course of the river too hazard-
ous to be profitable. The south being thus closed and- the regions to
the north being uninviting, French enterprise naturally turned west-
ward, following the upward course of the Ottawa.
By this route the Great Lakes were first reached. The shores of
the fresh water sea ( Mer Douce) were quickly explored to the north-
ward and westward from the Georgian Bay of Lake Huron until the
vast areas of Lake Superior on the one hand and of Lake Michigan
on the other seemed for a time capable of absorbing the combined
energies of missionary, fur -trader and prospector. Thus it happened
that the French were established at the head of Green Bay and at
Chequamegon Bay at a time when Lake Erie and Lake Ontario were
known only through vague reports furnished by vagrant Indians,
and the forest trails of Wisconsin were familiar to the Jesuit and the
coureur de bois while western New York was still terra incognita.
The success of the Iroquois in exterminating or scattering neigh-
boring tribes had, by 1665 (circa) left them quite isolated in the
midst of a vast hunting preserve comprising the territory of their
former foes. They thus lost their former advantageous position in
which they had acted as intermediaries in the fur trade carried on
between the Dutch and the tribes in the interior of the continent.
Peace with the French was now their only recourse, and thus travel
along the upper St. Lawrence and the Lower Lakes became subject
to only the ordinary hazards.
Jesuit and Sulpitian missionaries at once entered the newly opened
region, and were immediately followed by emissaries of the state.
OF HISTORY AND POLITICS 413
A new passageway to the northwest was demanded, more practicable
than that by way of the Ottawa. Pere traced out a portage route
from Gandatseteigon, on the north shore of Lake Ontario, to the
Georgian Bay, Jolliet was sent to locate the copper mines in the
northwest, of which there was already much talk. Upon their return
to Montreal the two explorers descended the St. Clair and Detroit
rivers together, followed the north shore of Lake Erie for a long
distance, then struck out overland for the head of Lake Ontario.
Here they were met by the party in which we are more immediately
interested, that of La Salle and the Sulpitians De Casson and Galinee.
Having left left Montreal two months previously (July 6, 1669)
La Salle's party had ascended the St. Lawrence, passed the Thou-
sand Islands, coasted the south shore of Lake Ontario, entered the
Niagara River, noting the roar of the distant cataract, and had
finally reached the western extremity of the lake. The meeting with
Jolliet at this point completed the solution of the problem of the
Great Lakes. There was, to be sure, the channel of the Niagara,
which had not yet been traced; but a great geographical fact had
been demonstrated — the continuity of the water-way from Lake
Michigan or Lake Superior to the Gulf of St. Lawrence.
After Jolliet and his companions had taken their leave, the party,
which from the first had evidently been divided both as to its leader-
ship and its purposes, actually separated. La Salle, with a few of the
company, seems to have repassed the mouth of the Niagara and then
struck off across western New York to the sources of the Ohio, fol-
lowing that waterway for a considerable distance; though of this we
have no certain information. As for the Sulpitians, they made their
way by forest trail and portage to Lake Erie, and after wintering near
Port Dover, continued their difficult voyage along the north shore,
ascended the Detroit and St. Clair rivers and at last reached Machili-
mackinac. Thence they returned to Montreal by the old Ottawa
route, to find that they had long been given up for lost.
Such is the " setting" of the work under review. Besides the nar-
rative of Galinee, of which the French original and the English
414 THE IOWA JOURNAL
version are given on opposite pages, it includes the proces-verbal by
which possession was taken of the lands of Lake Erie in the name of
Louis XIV., and Galinee's map with its legends. There is also an
introduction of twenty-seven closely printed pages, replete with inter-
esting historical and bibliographical matter. A second part, to con-
tain appendices, explanatory notes, and an alphabetical index, is
promised at an early date.
It is to be hoped that the present interest in the detailed history of
western discovery and exploration will not abate until every extant
document which has relation to the subject has been made as readily
available as the important one here treated now is. It can hardly be
expected that the work will be as well and as thoroughly done in
every case as in this.
LAENAS GIFFORD WELD
THE STATE UNIVERSITY OF IOWA
IOWA CITY
The Loyalists in the American Revolution. By CLAUDE HALSTEAD
VAN TYNE. New York : The Macmillan Co. 1902. Pp.360.
This is a book by a scholar and for scholars, and yet it is not with-
out some interest for the general reader. As the author says, "The
formation of the Tory or Loyalist party in the American Revolution,
its persecution by the Whigs during a long and fratricidal war, and
the banishment or death of over one hundred thousand of the most
conservative and respectable Americans is a tragedy rarely paralleled
in the history of the world."
Probably every teacher of American History has asked himself,
"Why in our text books and even in our larger histories, do we find
so little on the Tories?" Is it because our historians do not dare to
tell the truth about the matter? This may have been true in the past
but it certainly is not true to-day. If it is because the information
is not in a form where the historian, especially the compiler of a
school text-book, can get at it, then Dr. Van Tyne has rendered val-
uable services to his fellow workers.
It should be said by way of parenthesis that while an examination
OF HISTORY AND POLITICS 415
of a dozen text-books shows nothing like an adequate treatment of the
Loyalists, the more recent ones, especially Channing's, show an
improvement. Prof. Hart's forthcoming text, if we may judge by the
outline, shows a still larger proportion of space given to the subject.
The Loyalists in the American Revolution should be classed under
scientific history. The author is fair in his selection of incidents
and illustrations. In his power to resist temptations to digress, in
his power to leave out all comparisons with events of the present
which are analogous but almost always misleading, in his power to
resist the temptation to generalize, in all these, Dr. Van Tyne shows
himself marvelously strong.
It has been claimed that the book is lacking in style, certainly it is
lacking in interest except that which is inherent in the thrilling
events narrated. But it remains to be demonstrated whether a man
can be strictly scientific and at the same time interesting to the gen-
eral reader. That Dr. Van Tyne resisted at least one temptation to
digress for the sake of making his book interesting is shown by his
statement, "In the preparation of a work on the Loyalists there was a
temptation to go over the usual ground of a history of the Revolu-
tion, and doubtless, the dramatic interest could have been attained
only by so doing; but such a treatment would have greatly increased
the volume of this work, and would have buried the real contribution
to our knowledge of the American Revolution in a mass of well
known facts concerning campaigns and historic personages." Dr.
Van Tyne has made a distinct and valuable contribution to American
history. He has collected, read, and organized in the utmost spirit
of fairness, and with a scholarship broad enough to see and classify
according to true but subtile relations, a mass of material hitherto
buried, as local history is liable to be, in the most unexpected places.
From now on it will be easy for his fellow workers, whether teachers
or writers, to bring up a long neglected topic — the Tories or Loy-
alists.
ARTHUR D. CROMWELL
HUMBOLDT COLLEGE
HUMBOLDT, IOWA
NOTES AND COMMENT
At the special meeting of the Board of Curators of the State His-
torical Society of Iowa, which was held on Wednesday, June 24,
1903, the Hon. Peter A. Dey was re-elected President of the Board
of Curators and of the Society; Dr. Frank E. Horack was elected
Corresponding and Recording Secretary to succeed Mr. M. W. Davis;
and Miss Margaret Budington was re-elected Librarian and Cataloguer.
A volume of four hundred pages on The Black Hawk War is an-
nounced by Mr. Frank E. Stevens, 1205 Chamber of Commerce
Building, Chicago. This is, perhaps, the most complete and most
reliable work on the great Indian chief that has ever been published.
*
In the new Carnegie library building at Chariton, Iowa, for which
plans have been made and accepted, a room is set aside for the local
historical society. This suggests that local libraries throughout
the State may appropriately be made the homes of the local historical
societies.
Volume II of the Messages and Proclamations of the Governors of
Iowa has been issued by the State Historical Society of Iowa. It
covers 500 pages and contains the messages of Governor James W.
Grimes, Governor Ralph P. Lowe, and Governor Samuel J. Kirk-
wood. The third volume has also been issued. This volume con-
tains 472 pages and includes the messages and proclamations of Gov-
ernor William Milo Stone and Governor Samuel Merrill.
In addition to those named in the April number of THE IOWA
JOURNAL OF HISTORY AXD POLITICS, the following papers were read
before the Political Science Club during the year which closed June
1, 1903: A New England Town of Fifty Years Ago, by Professor
Amos N. Currier; and The Freedmarfs Bureau, by Dr. Paul S.
Peirce.
OF HISTORY AND POLITICS 417
Sir Frederick Pollock, Corpus Professor of Jurisprudence in the
University of Oxford, is scheduled for a brief course of lectures in
the College of Law of the State University of Iowa in October, 1903.
Dr. F. E. Horack's article on The League of Iowa Municipalities
which appeared in the April number of THE IOWA JOURNAL OF HIS-
TORY AND POLITICS was reprinted in the May number of Midland
Municipalities.
The pamphlets and public documents which had been collected by
Senator James W. Grimes during his life, and which since his death
had been preserved in the Nealley homestead at Burlington, have
recently been donated to the Burlington Public Library.
/
At the regular annual meeting of the State Historical Society of
Iowa, which was held on Monday, June 22, 1903, the following nine
local Curators were elected to serve for the term of two years:
Peter A. Dey, M. W. Davis, Samuel Calvin, George W. Ball, Benj.
F. Shambaugh, Isaac A. Loos, W. C. Wilcox, A. E. Swisher, and
Joseph W. Rich. Greetings were sent to Dr. J. L. Pickard, Ex-
President of the Society; and the faithful services rendered by the
Secretary, Mr. M. W. Davis, were commended in a resolution which
was entered upon the minutes of the Society.
The unveiling of two bronze statues — one of Abraham Lincoln
and the other of David B. Henderson — at Clermont on Friday, June
19, 1903, was an event of more than local significance. These mon-
uments are the gift of Mr. William Larrabee, Ex -Governor of the
State, to the town of Clermont; but the people of the whole State
benefit by this gift. Monuments of our national and local statesmen
and heroes are among the most effective agencies in promoting
patriotism. ^They daily teach civic virtue and ever tend to deepen
that love of country wherein lies the political salvation of the people.
Mr. Larrabee's act receives the applause of the whole State. The
example which he has set herein should be followed by other men
and in a hundred other towns throughout the State.
418 THE IOWA JOURNAL
Three more chapters have been added to Mr. Rich's Evolution of
the American System of Protective Tariffs. The whole series, which
has been published in the Iowa City Republican, comprises eighteen
chapters.
An account of the Battle of Shiloh, written by General Henry H.
Wright, has been published in three installments in the Semi- Weekly
lowegian (Centerville, Iowa) under the dates of April 3, 6, 10, 1903.
It was taken from a History of the Sixth Iowa Regiment which Gen.
Wright now has in manuscript.
The May, 1903, Century contains a short article on Five Hundred
Farmers — an Economic Experiment in Iowa. The author of this
article, Mr. W. S. Harwood, seems to believe that the experience of
the Rockwell farmers suggests that the common people have in them-
selves the power to apply a remedy to some of the evils of trusts and
monopolies.
In summing up the results of the late elections in Iowa towns and
cities, the editor of the Midland Municipalities observes that, "The
most important tendency shown by the spring elections in Iowa, is
the gradual elimination of party politics in municipal elections.
Party lines were drawn in but few of the municipalities, and where
so drawn the ticket of the dominant party was in the majority of
cases defeated and the minority party was able to elect its ticket."
Mr. C. F. Wennerstrum of Des Moines, sometime Commissioner
of Labor Statistics in Iowa, has made and published an interesting
compilation of statistics relative to the Scandinavian -born popula-
tion of Iowa as shown by the census returns for 1900. From Mr.
Wennerstrum's compilation it appears that there are 72,611 persons
of Scandinavian birth in Iowa, of whom 17,102 are Danes, 25,634
Norwegians, and 29,875 are Swedes. The four States having the
largest number of Scandinavian -born people are Minnesota with a
total of 236,673, Illinois with 144,812, Wisconsin with 103,942, and
Iowa with 72,611.
OF HISTORY AND POLITICS 419
Mr. R. R. Bowker, who has already compiled and published pro-
visional lists of the publications of many of the States, has now in
preparation a provisional list of the publications of the State of Iowa.
The March, 1903, Midland Municipalities contains an article on
The Filtration of Public Water Supplies, by Prof. Charles Magowan.
In the same number Mr. W. H. Schooley, Mayor of Indianola, writes
on Governing a Municipality. In the April number of this same
periodical Prof. Magowan continues his discussion on The Filtration
of Public Water Supplies; Mr. C. H. Van Law, of Marshalltown,
writes on Municipal Administration of Public Utilities; and Prof.
Elmer A. Wilcox discusses Village Improvement.
Mr. Lawrence Marshall Byers, who has recently been elected to a
professorship in the College of Law at the State University of Iowa,
was born at Horgen, in the Canton of Zurich, Switzerland, on Aug-
ust 18, 1872. He graduated from Penn College (Oskaloosa, Iowa)
in 1890 with the degree of A. B., from Haverford College (Penn-
sylvania) in 1891 with the degree of M. A., and from Yale Uni-
versity in 1893 with the degree of LL. B. In 1891 Mr. Byers stud-
ied at the University of Zurich, Switzerland. He has practiced law
in Des Moines, Iowa, and has been professor of law at Drake Uni-
versity.
WHEREAS Jacob J. Mosnat, Member of the State Historical
Society of Iowa, died on June 20, 1903, at Belle Plaine, Iowa:
Be it Resolved that the following be entered upon the records of
the State Historical Society of Iowa:
Jacob J. Mosnat was born in Bohemia in 1857. Early in life he
mastered the trade of machinist. Later he studied law, graduating
from the Law Department of the State University of Iowa in 1875.
He settled at Belle Plaine, Iowa, where he practiced 'his profession
until the day of his death. In 1890 he was elected to the Iowa Sen-
ate, which position he occupied in the 23rd and 24th General Assem-
blies.
420 THE IOWA JOURNAL
Under the title of Studies and Exercises in Economics, Professor
L. W. Parish of the Iowa State Normal School at Cedar Falls has
recently published in pamphlet form an outline course of study em-
bracing in part I the subjects of exchange and money and in part II
value, price, and distribution. The first part of these studies and
exercises is largely descriptive and historical, the second part is theo-
retical; the newer aspects of the theory of value developed by the
Austrian school and the use of mathematical forms in the statement
of economic principles receive considerable attention. A vocabulary
of economic terms covering eleven pages is supplied as an appendix.
Dr. Frank Irving Herriott has been appointed professor of Eco-
nomics and Political Science at Drake University, Des Moines, Iowa.
Dr. Herriott received the A. B. degree from Iowa College (Grinnell,
Iowa) in 1890, the M. A. degree from the same institution in 1893,
and the Ph. D. degree from Johns Hopkins University in 1893. He
was instructor in Political Economy at the Woman's College, (Balti-
more, Md.) in 1892-93, lecturer on Civics for the American Society
for the Extension of University Teaching (Philadelphia, Pa.) in
1894, Editor of University Extension in 1893-94, acting-professor of
Political Science at Iowa College in 1895-96, and Deputy Treasurer
of the State of Iowa from 1897 to 1901. Dr. Herriott is a trustee of
Iowa College, a member of the Executive Council of the Associated
Charities of Des Moines (Iowa), Director of the Roadside Settlement
Association (Des Moines), and member of the American Economic
Association. His most valuable publications are: — Introduction to
the History of Corporation Taxes in Iowa; Institutional Expendi-
tures in the State Budget of Iowa; and The Vital Statistics of Iowa.
Indicative of the thoughtful consideration which is being given to
the practical value of the study of History and Politics (including
local history and local politics) is the call recently made1 by Andrew
D. White, one of America's most illustrious diplomats, for $14,000,-
000 to be used for the following objects: "First — Endowments in
JAt the semi-centennial of the class of 1853 of Yale University, held in June,
1903.
OF HISTORY AND POLITICS 421
twenty-five American universities of professorships and fellowships,
to be used in the study of public affairs. Second — Professorships
and fellowships in twenty-five American universities for courses in the
administration of government in town, State, and nation. Third —
The establishment on a similarly large scale in American universities
of professorships in international law. Fourth — The establishment
of twenty-five professorships and fellowships in the history of civil-
ization. Fifth — Endowments in twenty-five universities for chairs
in American history. Sixth — Similar endowments in twenty-five
American universities for the study of music and literature as inspir-
ing accompaniments to civic virtue and public life."
ASSOCIATED CHARITIES OF DES MOINES
With the accepted principles of modern philanthropy as a basis,
the Associated Charities of Des Moines was organized out of the old
time relief societies which flourished after the Civil War. To reduce
pauperism, to encourage thrift, to protect the unfortunate, to protect
the charitably inclined from fraud, to inculcate the idea that the bet-
ter educated and well-to-do must act as guardians of the poor, are
some of the objects of the society today.
In order that the association may serve the many fraternal, benevo-
lent, and church societies which co-operate, as well as the overseer
and city officials, a general secretary is employed; an office is main-
tained where a card catalogue and envelope system of registration is in
vogue, in which the history of more than four thousand families is re-
corded; makes investigations without charge and through some co-oper-
ating charity furnishes adequate relief; holds parlor conferences for
the acquirement and dissemination of knowledge regarding the social
and economic welfare of the community; maintains a provident fund;
serves tax payers by helping enforce the law relative to residence of
defectives who are legal charges of other counties than Polk.
The society is duly incorporated, is supported by voluntary con-
tributions, two dollars or more entitling the contributor to member-
ship. Administration is vested in a council of fifteen, five elected at
422 THE IOWA JOURNAL
each annual meeting in April. The general secretary is the only
paid officer. Members and supporters the past year number six hun-
dred and twenty-five.
JOSHUA NEWBOLD.
At his home in Mt. Pleasant, Iowa, Joshua G. Newbold, Ex-Gov-
ernor of the State of Iowa, died June 10, 1903. Several years ago a
list of eleven questions was submitted to Mr. Newbold for the pur-
pose of securing reliable data concerning his life. The questions
with Mr. Newbold's answers are as follows: Name — Joshua G.
Newbold. Date of Birth— May 12th, 1830. Native State or Coun-
try— Fayette Co. , Pennsylvania. Nationality — (English) my Father
born in America. Several places of residence (with dates) before
coming to Iowa — Fayette Co., Pennsylvania. Date of removal to
Toioa — March, 1854. Place of residence in Iowa at time of election
to the office of Governor — Hillsboro Henry County, Iowa. By what
political party elected — Republican. Was elected Lieut. Governor
on ticket with Kirkwood. He was elected to U. S. Senate. I filled
out his unexpired term. Dates of term or terms of office as Governor
—From March, 1875 until Jan., 1877. [Should read: From Feb., 1877
to Jan., 1878]. Occupation at time of and before election — Merchant.
Offices held before election to the office of Governor — Member of the
13, 14 and 15 General Assemblies of Iowa. Also after serving as
Gov. , I was a member of the 18th General Assembly.
LETTER FROM GENERAL DODGE ON THE HAMPTON ROADS CONFERENCE
No. 1. Broadway, New York— April 2, 1903.
Dear Sir: — I have read with much interest the article by Joseph
W. Rich in the April number of the IOWA JOURNAL OF HISTORY AND
POLITICS on the "Hampton Roads Conference." From conversa-
tions I have had with General John A. Rawlins, Chief of Staff to
General Grant, and with General Grant himself, I am satisfied that
the statement made by Senator Tillman that Lincoln said to Alex-
ander Stephens, "take a blank sheet and write 'Save the Union,"'
and "Aleck you fill out the balance and I will agree to it," is sub-
OF HISTORY AND POLITICS 423
stantially what Mr. Lincoln said to General Grant at City Point after
the conference, and was not said to Vice-President Stephens.
During the summer of 1867, when I was building the Union Pa-
cific Railway, General Rawlins accompanied me across the plains to
Utah, and back by way of Snake River and the South Pass, on
horseback. In our long days' rides together the campaigns and inci-
dents of the war were naturally our principal subject of conversa-
tion. My desire to obtain information concerning those portions of
the field I was not on myself was a natural one, and General Raw-
lins generously gave me a great deal of information. This confer-
ence between Mr. Lincoln and the Confederate Commission was one
of the subjects that was of great interest to me, on account of the
hope we all had of some good result from it. General Rawlins
spoke of the great disappointment of General Grant at the result.
General Rawlins' statement of what Mr. Lincoln said corresponds
very closely to what General Grant has said in his Memoirs concern-
ing this conference, which seems to have always been overlooked in
discussions of this matter. On page 422 of volume II of his Memoirs
General Grant says: "It was not a great while after they met that
the President visited me at City Point. He spoke of his having met
the Commission, and said he told them there would be no use in en-
tering into any negotiations unless they would recognize, first, that
the nation as a whole must be forever preserved, and, second, that
slavery must be abolished. If they were willing to consider these
two questions, then he was ready to enter into negotiations, and was
almost willing to hand them a blank sheet of paper with his signa-
ture attached for them to fill in the terms upon which they were
willing to live with us in Union, and be one people."
Now, I wish to suggest this query. Have not the people who
have quoted Lincoln as having said this to Alexander Stephens ob-
tained the idea by reading what he actually did say to Grant at City
Point, and then assuming that it was said to Stephens, when as a
matter of fact it was really what Mr. Lincoln had said to General
Grant after the conference?
424 THE IOWA JOURNAL
I also think that the statement from Lincoln to Grant is clear evi-
dence that he did not make that statement to the Commission, be-
cause they were not authorized and would not give the assurances
Mr. Lincoln required. Very truly yours,
GBENVILLE M. DODGE
CONTRIBUTOR
FRANCIS NEWTON THORPE, Author and Member of the Bar.
(See IOWA JOURNAL OF HISTORY AND POLITICS for Jan., 1903.)
DUREN J. H. WARD, Lecturer on Anthropology.
(See IOWA JOURNAL OF HISTORY AND POLITICS for Jan., 1902.)
EDWARD M. NEALLEY, Member of the Bar. Born at Burling-
ton, Iowa, October 17, 1864. Member of the State Historical
Society of Iowa. Mr. Nealley is a devoted student of political
and social science. He has graduated from both the College of
Liberal Arts and from the College of Law of the State Uni-
versity of Iowa. He has studied at the University of Chicago;
and has traveled and studied abroad.
PAUL SKEELS PEIRCE, Instructor in History at the State Uni-
versity of Iowa. Born at Johnson Creek, N. Y., in 1874.
Graduated from Cornell University (Ithaca, N. Y.) in 1897.
Received the degree of Ph. D. from Yale University in 1900.
Professor of English and History at Hedding College (Abingdon,
111.) in 1900-1901. Member of the Political Science Club
(Iowa).
MARGARET BUDINGTON, Librarian and Cataloguer of the State
Historical Society of Iowa. Born at Kingston, New York.
Graduated from Vassar College. Member of the State Historical
Society of Iowa. Member of the American Library Association.
In 1901 Miss Budington occupied the position of Assistant Cat-
aloguer in the library of the Cincinnati University, and in 1902
she held the same position in the library of the State University
of Iowa.
THE IOWA JOURNAL
of History and Politics
OCTOBER Nineteen Hundred Three
Volume One Number Four
CHIEF JUSTICE MAKSHALL AS A CON-
STKUCTIVE STATESMAN1
I
John Marshall served with credit in the Revolutionary
army, was a most effective champion of the proposed Fed-
eral Constitution in the convention of Virginia, won the high
approval of President Adams and great popular applause
for the dignity with which he maintained the honor of the
United States in an unsuccessful mission to France, and
served with eminent distinction as Secretary of State during
the latter part of the Adams administration. But had he
left public life when the Federalists were swept out of office
by the election of Jefferson to the presidency, had his last
public service (and it would undoubtedly have been his last,
for he was a strong Federalist, and the anti- Federalists for
many years after the retirement of John Adams dominated
the policies of the government) been as Secretary of State,
I venture to say that he would not have been remembered
in our time as an eminent statesman. His claim to distinc-
tion is as a judge; and yet it is because, while performing
his duty as judge, he had the opportunity, owing to the
peculiar nature of the court over which he presided as Chief
1 The substance of this paper was delivered as an address before the
Grant Club, Des Moines, on February 19, 1903. In the form in
which it is here published it was read in full before the Political
Science Club, Iowa City, on March 9, 1903.
428 THE IOWA JOURNAL
Justice, and because he so presided at a formative period in
the history of the government and the court, to exercise the
molding influence of a statesman as well, that he has been
given so high a rank among the men of his time and his
country. It will be well worth while, therefore, to consider
for a few moments how it came about that a member of a
judicial tribunal could properly, in discharging the functions
of that office, show the highest skill in statesmanship; for I
am compelled to confess that, after comparing the genius
displayed, as well as the results accomplished by the men
who molded our institutions, I find none of them to have
possessed a stronger insight, or to have been more capable
or successful as to the results achieved, than John Marshall.
The Federal Constitution is not a mere historical growth,
though it is the result of historical development; nor, on the
other hand, is it an original creation, though in form a spe-
cific instrument. Those who see in it merely an adaptation
to circumstances of the principal features of the English
Constitution on the one hand, are as far wrong as those who,
on the other, make use of the antithesis of Gladstone when
comparing it to the English Constitution, which latter he
described as the greatest product of the creative forces of
human history, while characterizing the Constitution of the
United States as uthe most wonderful work ever struck off
at a given time by the brain and purpose of man." Our
Constitution has the two characteristics subtly combined.
There are preserved in it the concrete achievements of long
centuries of struggle for freedom by the English people —
local self-government, representation, popular suffrage,
independence of the three coordinate departments of govern-
OF HISTORY AND POLITICS 429
ment, the right to have infringement of personal liberty
inquired into by means of the writ of habeas corpus, the
fundamental right to due process of law. Even historically,
however, it stands for more than these. It embodies the
concrete results of the struggles of the American Colonies
for independence. The characteristics prominent over all
others in the State governments formed by the Colonies
when they declared their independence, was that just gov-
ernment derives its authority ultimately from the people,
and that public officers exercise, by reason of the trust im-
posed in them, powers delegated by the people, the source
of all the powers of government. The framework of the
State governments, as organized after independence, was
strikingly the same as that of the charter governments estab-
lished by the King of England in the exercise of his royal
prerogative, but the source of the authority exercised under
them was essentially different. Take from the charter the
royal power as its basis, and substitute for it the power of
ultimate sovereignty in the people, and you have a State
Constitution such as that adopted in Massachusetts, or Vir-
ginia, or Connecticut.
This substitution of the will of the whole people as the
ultimate source of authority was a new thing in practical
government. The people of England had never realized
it. The notion of ultimate responsibility of the ruler for
the welfare of his subjects, the realization that the inter-
ests of his subjects were the highest interests which he
could consider in the administration of his authority, the
conception that in the people reposed the ultimate force
which the ruler must employ and rely upon if his gov-
430 THE IOWA JOURNAL
ernment should be stable, — these ideas were not new, but
practical embodiment of them in a form of government was
strikingly original. Such ideas did not inhere either in con-
stitutional or representative governments such as had previ-
ously been known. It would be interesting to search for
the sources of this American doctrine. That it did not
spring full fledged from the minds of constitutional drafts-
men, and that it was not adopted off-hand, without some
preparation and period of development, must be conceded.
Some language in the earliest State Constitutions, as well as
in the Declaration of Independence, would indicate the be-
lief that it is the result of the adoption of the general theory
embodied in the social compact as to the necessity of the
consent of the governed as a foundation for governmental
authority, and that this theory was acquired from the phi-
losophers, whose dissertations on the natural rights of man
led to the deification of Liberty, Fraternity, and Equality,
and prepared the way for the French Revolution. But as a
matter of fact the social compact theory is clearly traceable
to English philosophy, and the agitation of the eighteenth
century with relation to individual liberty seems to have
been as active in England as in France. It was but a phase
of the struggle for the recognition of extreme individualism
which followed quickly on the heels of the complete over-
throw of the ideas which underlay the Feudal system. But
the government of England had acquired its final definite
form before the right of the people to participate in the
affairs of the government was fully established, and while
individual liberty has there achieved recognition as fully as
elsewhere, the constitutional forms have not been changed
OF HISTORY AND POLITICS 431
to adequately represent its ultimate triumph as against the
doctrine of the inherent possession of power by the govern-
ing body. In France the breaking down of the Feudal
system at a later date than in England gave full opportunity
for an embodiment in actual form of the theories of natural
right. But the practical protection of individual rights was
no more fully secured in France than in England, and I
doubt very much whether as to these latest developments of
our governmental system we owe any more to French phi-
losophizing, and the French advocacy of liberty, than we do
to the agitation which was carried on in England without
any such tangible results in constitutional forms.
The Constitution of the United States is a specific instru-
ment of government, adopted by lawful authority, binding on
those owing allegiance to the government of which it is the
charter, and subject like any other written instrument to
authoritative interpretation and enforcement by the judicial
department of the federal government, to which the people,
in the exercise of their sovereign power have delegated that
authority. It is not an unwritten Constitution, reduced ten-
tatively and experimentally to written language, subject to
constant alteration and revision, as particular circumstances
or emergencies may arise calling for modification, but an
instrument binding as written, to be adapted, however, to
new conditions or circumstances by the same power of inter-
pretation which is exerted in applying a statute or a contract
to conditions not anticipated when it was framed. If it lacks
the flexibility of the unwritten Constitution of Great Britain
on the one hand, it possesses on the other the distinguishing
merit of resting on sovereign authority, an authority para-
432 THE IOWA JOURNAL
mount to that of the different departments of the govern-
ment, and capable of a binding interpretation. Add to
these characters that other one which has remained unique,
that there is a tribunal with not only the authority, but
the courage, to determine whether those who administer the
legislative and the executive authority have kept within the
limits prescribed for them by the sovereign will, and it is
clear that the government under that Constitution has a re-
sponsiveness to public needs, a power of resistance as against
the sudden gusts of passion or the insidious burrowings of
corruption, and an efficiency in the protection of personal
and property rights which distinguish it as the best govern-
ment which has existed or now exists in the civilized world.
The supreme excellence of our Constitution, in the ultimate
analysis, consists in its adaptability by interpretation to new
conditions and the vesting of the power of interpretation in
a tribunal proceeding in accordance with the established tra-
ditions of the law, that system of law which has in the
whole history of systems of jurisprudence attained the high-
est development with respect to the protection of the indi-
vidual rights of the subject, and given the fullest scope of
liberty to individual efforts. The power of interpretation
being given to a conservative tribunal, it is but reasonable
that it should be liberally exercised; without such liberal
exercise our Constitution would have been a straight jacket
to stifle, instead of an armor to protect, the institutions
existing under it. Amendment has proven to be cumber-
some and inadequate as a means of adjustment. Interpreta-
tion, on the other hand, has furnished the elasticity which
has been necessary. Essential principles alone being em-
OF HISTORY AND POLITICS 433
bodied in the written Constitution, so long as these princi-
ples remain unchanged (and they are so fundamental that
until our entire theory of government undergoes a revolu-
tion a change can hardly be imagined), the power of inter-
pretation will give the necessary means of adjustment.
There are those who pretend to think that liberality of
interpretation has destroyed the value of this organic instru-
ment. But they have been unable to point out any material
respect in which the ideals of a free government, embodied
in the Constitution as originally framed, have been departed
from or abandoned. There must always be differences of
opinion as to the expediency of any particular construction
as between those who are conservative and those who are
liberal in their views on such questions. But a difference of
judgment as to one particular act of interpretation cannot
furnish any adequate basis for a claim that as a whole the
instrument has been wrenched from its original purpose. In
fact those who have in one particular instance been found
insisting upon a strict construction have often in some other
particular case been the most zealous in availing themselves
of a broad and liberal construction, and there is now really
no serious controversy as to the general principles to be
applied in constitutional interpretation.
Assuming, then, that from the beginning it must have
been apparent that interpretation would be necessary, it is
evident that it was a matter of great concern to determine by
what authority such interpretation should be made, and on
what sanction it should rest. If, as was true of the Articles
of Confederation, which formed the basis of the federal
authority prior to the adoption of the Constitution in 1789.
434 THE IOWA JOURNAL
this power of interpretation was left to the States, then dis-
cord and disunion must inevitably have followed. If the
very instrument itself, which purported to be the charter of
a more perfect union, designed to secure the blessings of
liberty to those on whose authority it was made to rest and
their posterity, embodied such a theory, it contained the ele-
ments of its own destruction, the limitations of its own exist-
ence. If, on the other hand, the power of interpretation was
vested in those departments of government whose authority
it purported to define and limit, then it could afford no spe-
cific protection as against the exercise of arbitrary and unlim-
ited power, or at best only the protection of giving a justifica-
tion for revolt against authority and the disastrous remedy of
revolution. But Anglo-Saxon love for that which is lawful
and orderly and certain, and for law, blind to private inter-
ests, irresponsive to the attempt to exercise tyrannical
authority, made possible the vesting of this power of inter-
pretation in a tribunal as far removed as any human institu-
tion can be from the exercise of undue influence, on the one
hand or the other, and better adapted than any other con-
ceivable agency for maintaining a just balance between the
irresponsible public will and equally irresponsible exercise
of unlimited power. Such a tribunal, a court furnished
with the machinery and operating in accordance with well
established traditions in the administration of justice, was
ready at hand. The judicial department was a recognized
branch of the government of England. Its protection had
been invoked, and the justice which it alone was calculated
to administer had been demanded by the Colonists as a part
of their inalienable inheritance as Englishmen. As State
OF HISTORY AND POLITICS 435
Constitutions were formed the judicial department in each
was created as coordinate with the legislative and executive
departments. It was reasonable, and it was inevitable, that
in the formation of a federal government, one which should
be a government in fact, and not a mere compact between
contracting parties, a judicial department should be provided
to determine controversies among individuals arising under
the laws which that government was authorized to make.
And it seemed reasonable and natural that to this depart-
ment should be entrusted the interpretation of the funda-
mental law on which the authority of the federal government
was to rest. It was reasonable and natural, and yet it was
the unique and supreme result of the struggle for law and
liberty combined.
It must be borne in mind that the federal judiciary depart-
ment, at the head of which stands the Supreme Court, was
not primarily created for the interpretation of the Constitu-
tion, nor for the application of limitations to the powers of
the legislative and executive branches of the federal govern-
ment. That department was established for the purpose of
administering justice to those whose controversies might
legitimately be brought before it. No other system of
courts in England or the United States has so great or varied
a jurisdiction. It administers all branches of the law. It
adjudges punishments for crimes, gives redress for torts,
gives damages for breach of contract, applies the admiralty
and maritime law and expounds the law of nations. And
the new and crowning feature of the jurisprudence intrusted
to it is that of constitutional interpretation. I mention the
wide scope of its jurisprudence for the purpose of showing
436 THE IOWA JOURNAL
how wisely and how safely the constitution -makers acted in
bringing forth their one original, though perhaps unconscious,
creation in the development of the theories of government,
by which was entrusted to the Supreme Court of the United
States ultimate and binding authority in the matter of inter-
pretation of the Constitution, the authority which, for the
preservation of perpetual peace and union, must be vested
somewhere, and could not safely be vested elsewhere.
It is not impossible that the federal tribunals, acting as a
coordinate branch of the federal government, shall depart
from the letter or the spirit of the Constitution. But if
ultimate power of decision is to be vested anywhere, where
more safely than in a tribunal presided over by those skilled
in the law, and imbued with the traditions of the law,
removed as far as possible from any influence of self-interest,
with no offices at their disposal, no treasury to draw upon, no
army at their command, incapable of coercing any obedience
save that which the great body of Anglo-Saxon people yields
to the impressive and sublime majesty of the law. As Chief
Justice Marshall has said, "That department has no will, in
any case. If the sound construction of the act [creating a
bank of the United States] be, that it exempts the trade of
the bank, as being essential to the character of a machine
necessary to the fiscal operations of the government, from
the control of the States, courts are as much bound to give
it that construction, as if the exemption had been established
in express terms. Judicial power, as contradistinguished
from the power of the laws, has no existence. Courts are
the mere instruments of the law, and can will nothing.
When they are said to exercise a discretion, it is a mere
OF HISTORY AND POLITICS 437
legal discretion, a discretion to be exercised in discerning
the course prescribed by law; and, when that is discerned, it
is the duty of the court to follow it. Judicial power is
never exercised for the purpose of giving effect to the will
of the judge; always for the purpose of giving effect to the
will of the legislature; or, in other words, to the will of the
law."1 The Supreme Court of the United States has exer-
cised its great and conservative power in the preservation of
our institutions and the protection of our national prosperity,
not because of the individual ability of its judges, though
among them have been great lawyers and great statesmen
nor because its judgments are infallible, for no human tri-
bunal can claim this prerogative of omnipotence, but because
of the nature of the law itself, and the respect which is ac-
corded to it by the people in whom sovereign authority
rests. It was as the Chief Justice of this tribunal, and as a
judge administering the law, that Marshall was able to exer-
cise the highest prerogatives of statesmanship, and to prove
himself to be entitled to a place among the founders of our
great federal system.
It is not to be denied that judges are human, and are
capable, even though honest and sincere in their convictions,
of entertaining the prejudices and passions of other human
beings. It is not possible to apply judicial methods to the
solution of difficulties which do not have the nature of legal
controversies. The results of judicial deliberations are satis-
factory because they relate to subjects within the scope of
judicial investigation and determination. When judges have
9 Wheaton, 866.
438 THE IOWA JOURNAL
acted in matters pertaining to other fields in the affairs of
the government, they have been found to be subject to the
same limitations, and affected by the same weaknesses, as
those which are found in others who attempt to render like
services. If the judges of the Supreme Court have been
preeminently successful in dealing with constitutional ques-
tions, it is because the nature of the controversies involving
the interpretation of the Constitution and the determination
of the authority of the coordinate branches of the govern-
ment especially adapts them to judicial solution, and because
the Supreme Court, as a court, has dealt with them as other
questions of law given to it for decision.
The Supreme Court has no policy to maintain, nor does it
undertake to determine beforehand or prospectively ques-
tions which may be mooted as to the interpretation of the
Constitution or the laws. When a cause has arisen involv-
ing their determination, has been brought before it in an
orderly form of procedure, and has been presented with full
argument by men trained in legal reasoning, representing
with their utmost energies the different sides of the contro-
versy, it is then, and then only, that the court, in the light
of the argument, attempts to announce its decision relating
to the very case presented. That the results have always
been free from the influence of that partisanship which is
inevitable in the consideration of matters of public concern
cannot be claimed. But this can be truthfully said, that no
other method of determining such questions is so likely to
lead to a feasible, satisfactory, and permanent solution.
OF HISTORY AND POLITICS 439
II
It was not, however, merely because Marshall was Chief
Justice of the Supreme Court of the United States, and dis-
charged his duties with signal courage, integrity, fairness
and ability, that he is entitled to be called a statesman. The
nature of the court, and the character of' the questions which
it was called upon to determine, gave him his opportunity.
But his position as presiding justice entitled him to no domi-
nance in the deliberations of the court, and no peculiar
credit for its decisions. The fact that he did, however, in
a just sense dominate the court, not by virtue of his position
but through the strength of his mind and the justness of
his conclusions, is made apparent by the fact that of all the
opinions delivered on constitutional questions during his
thirty-five years of service, more than one-half were written
by him; that practically all of the decisions on these ques-
tions, rendered during his term, which are now cited as
fundamental and of undoubted authority, were among those
in which he wrote the opinions ; that the acquiescence of his
associates was not by reason of any partisan agreement, for
very soon after his appointment the majority of the court,
by reason of appointments to fill vacancies, was constituted
of those selected by Presidents placed in power by a party
hostile to the views of the Federalists, a party which re-
mained in control of the government throughout his entire
period of service, the staunchest and ablest supporter,
admirer and champion whom he had among his associates
being Justice Story, a Democrat by party affiliation, and the
appointee of President Madison. It was not, therefore, as
a Federalist or a partisan that Chief Justice Marshall domi-
440 THE IOWA JOURNAL
nated the court and determined the character and tendency
of its decisions on constitutional questions. His associates,
without regard to party, credited him with unimpeachable
personal character, a broad, sound and unbiased judgment,
and a majestic courage. The majesty of his mind can only
be compared to that of Washington, his clearness of insight
and strength of intellect only to that of Hamilton.
It was, however, as a judge that he had occasion to deal
with questions vitally affecting the character of the govern-
ment created through the Federal Constitution, which others
had considered from the standpoint of statesmen. If, then,
the final interpretation of the Federal Constitution devolved
upon the Supreme Court; if in that interpretation it was
necessary to settle important questions as to the nature of
the federal government, the scope of the powers and the re-
lations to each other of its departments, and the division of
sovereignty between it and the governments of the States;
if on some questions, most vital in their nature, there was
radical and irreconcileable difference of opinion; if we believe
in the light of subsequent history that among these conflict-
ing opinions some were more conducive to the prosperity of
the people and the perpetuity of the Union than others, and
that it is of importance that what we now think to be the
sounder opinions prevailed; that it was in accordance with
the fundamental purpose of those who framed and success-
fully labored for the adoption of the Constitution, that those
views of the nature of the instrument, and the government
which was created under it, should be adopted which would
promote the prosperity of the people and the perpetuity of
the Union; that, though men with unselfish and patriotic
OF HISTORY AND POLITICS 441
motives might differ in their views, yet strength of intellect,
cogency of reasoning and clearness of foresight as to results,
and courage of conviction as to principles, would be valu-
able guides in determining which of conflicting interpreta-
tions of the Constitution as applied to new conditions was
more nearly in harmony with the ultimate intent and pur-
pose of the framers of the instrument, then, I think, we
must agree that the adoption of a sound interpretation in-
volved not only the technical skill of a great judge, but the
highest abilities of a great statesman, and that to Chief
Justice Marshall should be accorded preeminence in this con-
structive statesmanship. He carried into the discussion of
constitutional questions that fairness and impartiality which
we traditionally demand of a judge, but seem rarely to ex-
pect of a statesman. His reasoning was legal reasoning,
his conclusions were legal conclusions, and his judgments
were fortunately the judgments of a court, and not of the
forum. Greater judges have sat upon the bench than he.
Story, Taney, and Gray had better knowledge of the
branches of law included within the scope of the jurisdiction
of the ordinary courts. They knew the precedents and
intricacies of admiralty, equity, and commercial law better
than he. But in capacity for legal thinking, and power of
legal reasoning, he was inferior to none, and in the clear
grasp of the principles on which the Constitution rested, and
the problems which must be worked out in its interpreta-
tion, he was superior to all. And thus he was a statesman,
and a greater statesman because he was a great judge.
442 THE IOWA JOURNAL
III
I have dealt in these generalizations because it would be
impossible, within the reasonable limits of this paper, to dis-
cuss in detail the work which Marshall actually did, and to
point out the specific beneficent results which have flowed
from his wisdom and sound judgment. But I should feel
that my characterization of him and his accomplishments
was empty and impotent indeed if it rested in the mere
statement of them. I cannot do better in justifying what I
have said, nor do less in justice to the character and ability
of Marshall, than to point out in specific instances some of
the problems presented to him, the strength of reasoning
and judgment with which he sought their proper solution,
and the conclusive proof of the wisdom of the conclusions
finally reached, as established by subsequent events in our
national history. And for this purpose I have selected a
few of the most noted cases in which he announced the con-
clusions of the Supreme Court, confining myself, as more
appropriate for this paper, to those involving the exercise
of the wisdom of the statesman rather than those showing
merely his skill and learning as a judge.
The case of Marbury v. Madison, decided by the Supreme
Court in 1803, that is, within less than two years after Mar-
shall's appointment, was the first of the great cases in which
the Chief Justice expounded the nature of the power con-
ferred by the Constitution upon the federal judiciary. It is
the first case, and the conclusive one, indicating on the part
of the court an intelligent appreciation of the unique posi-
tion in which that court was placed in our system of govern-
ment, and the resolute courage essential to the full and bene-
OF HISTORY AND POLITICS 443
ficial employment of that power. Up to this time the court
had temporized when approaching the determination of its
relations to the other departments of the government. Now
those relations were to be made clear and definite.
The case was briefly this: John Adams, who, as Presi-
dent, had been unable to secure a reelection because of the
dissatisfaction of some of the leading Federalists, and be-
cause of the breaking down, which perhaps was inevitable,
of the Federalist party, was about to retire and give place
to Thomas Jefferson, the choice of the then so-called Repub-
licans. The term of office of certain justices of the peace
for the District of Columbia had expired, and on the last
day of his administration Adams had sent to the Senate
nominations to fill these offices, which had been ratified, and
the commissions, duly made out and signed by the Presi-
dent, had been deposited during the very last hours of the
administration in the office of the Secretary of State, ready
to receive the official seal of the United States, which by
law was placed in the custody of the Secretary, and to be
recorded and delivered. President Jefferson had treated the
commissions not thus sealed and delivered at the hour when
his term of office commenced as invalid, and had made other
appointments to the offices. One Marbury, claiming ap-
pointment under Adams, asked the issuance of a mandamus
by the Supreme Court of the United States to compel the
new Secretary of State, James Madison, to seal and deliver
his commission, and it was argued for him, first, that the
Supreme Court had jurisdiction to award an original writ of
mandamus; second, that such writ could issue to the Secre-
tary of State so far as his duties were ministerial and pre-
444 THE IOWA JOURNAL
scribed by law, and third, that the present case was a proper
one for the exercise of such authority. So far as appears
from the report of the case no argument was made on the
other side.
The Chief Justice, in delivering the opinion of the court,
considered, first, whether Marbury was entitled to his com-
mission, and on this point held that after it had been signed
by the President and delivered to the Secretary of State,
nothing remaining essential to its validity save the minis-
terial act of sealing, recording, and delivering, it became
valid, and Marbury was entitled to it, and his right was of
such nature that a court should protect it by proper process,
the writ of mandamus being the appropriate writ for that
purpose. Second, that in respect to the ministerial duties,
imposed on the Secretary of State by law, to affix the seal
of the United States in proper cases, make record in his
office of such instruments as this when duly signed and
sealed, and deliver them to the proper persons, the Secre-
tary of State was a mere ministerial officer, the performance
of whose duty in a proper case could be enforced by legal
process. Third, that an act of Congress which authorizes
the Supreme Court to issue original writs in case of man-
damus was unconstitutional, because by the Constitution
itself the original jurisdiction, as distinct from the appellate
jurisdiction of the Supreme Court of the United States was
defined and limited, and did not extend to such a case. The
result was that the Supreme Court declined to interfere, and
Marbury was defeated.
But the opinion of the Chief Justice was bitterly assailed
at that time by the supporters of the administration of Jef-
OF HISTORY AND POLITICS 445
ferson on account of the assertion of its authority to control
the acts of an officer of the executive department of the gov-
ernment, and it has since been criticised repeatedly by those
who consider themselves the followers of Jefferson because
of the assertion by the court of the power to declare a
statute of Congress to be unconstitutional and void. It will
be seen that these two grounds of criticisms have no neces-
sary connection with each other, though they have this in
common that each relates to an assumed usurpation of
authority by the judiciary over coordinate branches of the
government. As to the correctness of the first point there
is no longer any controversy. It has become established
law, as indeed it was at the time the decision was made, that
a ministerial officer is subject to the control of the courts as
to the execution of his trust, and when it was made clear
that the Secretary of State was in respect to the duties in
question a purely ministerial officer, whose duties were
pointed out by statute, and not a mere agent of the Presi-
dent, the head of the executive department, it was demon-
strated to a lawyer that judicial inquiry into the performance
of the duty required by statute was proper. Chief Justice
Marshall takes great pains to make this distinction clear,
for he says that where the head of a department < 'is directed
by law to do a certain act affecting the absolute rights of
individuals, in the performance of which he is not placed
under the particular direction of the President, and the per-
formance of which the President cannot lawfully forbid, and
therefore is never presumed to have forbidden, as, for ex-
ample, to record a commission or a patent for land, which
has received all the legal solemnities, or to give a copy of
446 THE IOWA JOURNAL
such record; in such cases it is not perceived on what ground
the courts of the country are further excused from the duty
of giving judgment that right be done to the injured indi-
vidual, than if the same services were to be performed by a
person not at the head of a department."1 And he further
says that uthe province of the court is solely to decide
on the rights of individuals, not to inquire how the execu-
tive or executive officers perform duties in which they have
a discretion. Questions in their nature political, or which
are by the Constitution and laws submitted to the executive,
can never be made in this court. But if this be not such a
question, if so far from being an intrusion into the secrets
of the cabinet it respects a paper which, according to the
law, is upon record, and to a copy of which the law gives a
right on the payment of ten cents, if it be no intermeddling
with a subject over which the executive can be considered as
having exercised any control, what is there then in the ex-
alted station of the officer which shall bar a citizen from
asserting in a court of justice his legal rights, or shall forbid
a court to listen to the claim, or to issue a mandamus, direct-
ing the performance of a duty not depending on executive
discretion, but on particular acts of Congress and the gen-
eral principles of law?"2 And yet, this clear and conclusive
reasoning on the question, which was according to well set-
tled law, furnished the occasion of much bitterness of feeling
on the part of President Jefferson and his friends, and was
made the excuse by the President for expressions of distrust,
which were reiterated from time to time, until he finally
Jl Cranch, 171.
* Hid, 170.
OF HISTORY AND POLITICS 447
said: "It has long been my opinion that the germs of dis-
solution of our federal government are in the constitution of
the federal judiciary, an irresponsible body, working like
gravity, day and night, gaining a little today and a little
tomorrow, advancing its noiseless step like a thief over the
field of jurisdiction until all shall be usurped." President
Jefferson* was the one detractor to impugn the honesty of
the motives which actuated the Chief Justice in rendering
this decision. It is not necessary to attribute to Jefferson
conscious unfairness or low partizanship in explaining his
attitude towards Chief Justice Marshall and the court over
which he presided. It is enough to say that it is not given
to many men to be in all directions equally great, and it
was the conspicuous defect of Jefferson that he could not
appreciate the necessity of that stability, certainty, and order
in the operations of government which is afforded by incor-
porating into it the administration of law as a coordinate
branch, and that he could not credit to a judge the imparti-
ality which by legal training becomes to him a second
nature. If so able a man as Jefferson could so far misunder-
stand the necessities of a federal system of government as to
pen the Kentucky Resolutions, or so far misconceive the
functions of a court as to insist that it should in some way
be amenable to the vicissitudes of the popular whim, it is
not strange that throughout our national history there have
been many, less strongly endowed with intellect than he,
who have sought to discredit and belittle the value of the
judicial interpretation of the Constitution, and judicial re-
straint upon the unlimited exercise of power. In objecting
to this exercise of authority by the Supreme Court with
448 THE IOWA JOURNAL
reference to an executive officer, the President was oblivious
to history, for it was by the assertion of precisely this
authority on the part of Parliament and the courts as against
the administration of the King that the royal prerogative in
Great Britain was most effectually limited and the rights of
the people protected.
But the conclusion reached on the other branch of the
case, that is, as to the power of the court to hold unconsti-
tutional a statute of Congress attempting to confer upon it
a new jurisdiction, was practically without support in pre-
vious judicial decisions, and the authority thus asserted has
repeatedly been questioned by non- professional men whose
judgment is entitled to some consideration as to a matter af-
fecting a question of public policy. There was judicial prece-
dent, but not of a conclusive character, and Marshall did not
attempt to bolster his views by citing a few scattering cases
in early State courts in which a like authority of the judiciary
had been asserted or suggested, but struck out boldly on the
sea of constitutional interpretation, guided by the compass
of reason, the needle of which indicated a course calculable
only from, the fundamental theories of sovereignty and
responsibility on which the Constitution was founded. The
course indeed was plainly indicated. Hamilton had in the
Federalist stated in a few sentences the controlling consider-
ations. This is his terse and cogent language:
Some perplexity respecting the rights of the courts to pronounce
legislative acts void because contrary to the Constitution has arisen
from an imagination that the doctrine would imply a superiority of
the judiciary to the legislative power. * * * There is no position
which depends on clearer principles than that every act of a delegated
OF HISTORY AND POLITICS 449
authority, contrary to the tenor of the commission under which it is
exercised, is void. No legislative act, therefore, contrary to the Con-
stitution, can be valid. To deny this would be to affirm that the
deputy is greater than his principal, that the servant is above his
master, that the representatives of the people are superior to the peo-
ple themselves, that men acting by virtue of power may do not only
what their powers do not authorize, but what they forbid. * * * It
can be of no weight to us that the courts, on the pretense of a repug-
nancy, may substitute their own pleasure to the constitutional inten-
tions of the legislature. This might as well happen in the case of two
contradictory statutes, or it might as well happen in every adjudica-
tion upon any single statute. The courts must declare the sense of the
law, and if they should be disposed to exercise will instead of judg-
ment, the consequence would equally be the substitution of their
pleasure to that of the legislative body. The observation, if it prove
anything, would prove that there ought to be no judges distinct from
that body.1
Marshall did not hesitate to endorse this line of reasoning,
and he made it more clear and persuasive by his own illus-
trations.
The question, whether an act, repugnant to the constitution, can
become the law of the land, is a question deeply interesting to the
United States; but, happily, not of any intricacy proportioned to its
interest. It seems only necessary to recognize certain principles, sup-
posed to have been long and well established, to decide it. That the
people have an original right to establish, for their future govern-
ment, such principles as, in their opinion, shall most conduce to their
own happiness is the basis on which the whole American fabric has
been erected. The exercise of this original right is a very great exer-
tion; nor can it, nor ought it, to be frequently repeated. The prin-
ciples, therefore, so established, are deemed fundamental; and as the
authority from which they proceed is supreme, and can seldom act,
1 Lodge's Federalist, pp. 485-7.
450 THE IOWA JOURNAL
they are designed to be permanent. This original and supreme will
organizes the government, and assigns to different departments their
respective powers. It may either stop there, or establish certain lim-
its not to be transcended by those departments. The government of
the United States is of the latter description. The powers of the leg-
islature are defined and limited; and that those limits may not be mis-
taken or forgotten, the constitution is written. To what purpose are
powers limited, and to what purpose is that limitation committed to
writing, if these limits may, at any time, be passed by those intended
to be restrained? The distinction between a government with limited
and unlimited power is abolished, if those limits do not confine the
persons on whom they are imposed, and if acts prohibited and acts
allowed are of equal obligation. It is a proposition too plain to be
contested, either that the constitution controls any legislative act
repugnant to it; or, that the legislature may alter the constitution by
an ordinary act. Between these alternatives there is no middle
ground. The constitution is either a superior paramount law, un-
changeable by ordinary means, or it is on a level with ordinary legis-
lative acts, and, like other acts, is alterable when the legislature shall
please to alter it. If the former part of the alternative be true, then
a legislative act contrary to the constitution is not law; if the latter
part be true, then written constitutions are absurd attempts, on the
part of the people, to limit a power in its own nature illimitable. l
But I cannot follow further his course of reasoning and
illustration. Suffice it to say that as a legal proposition it
has never been seriously questioned from this announcement
of it until the present day, and it is only those who miscon-
ceive the functions of a court and the nature of the federal
system who have seriously questioned it.
One other suggestion is pertinent with reference to this
case, for it has been made the occasion of the only serious
1 Cranch, 176-7.
OF HISTORY AND POLITICS 451
attack on the fairness of judgment of the great Chief Justice,
and the only foundation in the minds of lawyers for imputing
to him partisanship in the discharge of the duties of his judi-
cial office. It is said that the case might have been decided
by simply declaring the statute giving the court jurisdiction in
such cases unconstitutional, as was done in the end, and
then abstaining from the further discussion which was so
obnoxious to the President and his friends as to the authority
of the Secretary of State to withhold Marbury's commission.
It is said that if the court has not jurisdiction, this should
be declared at once and the merits of the case should not be
considered. And unquestionably this is a sound rule in the
performance of judicial duty. It is the rule which Chief
Justice Taney unfortunately departed from, to his own great
discredit and to the peril of the Union (though in the vain
hope, it must be said, of perpetuating rather than imperiling
it) when in the Dred Scott case, after finding that the court
had no authority to entertain jurisdiction because Dred Scott,
a former slave, was not a citizen, he proceeded to discuss at
length and to declare invalid the provisions of the act of
Congress known as the Missouri Compromise, which prohib-
ited the further extension of slavery into portions of the
territory of the United States from which by that act it was
forever excluded. Those who have looked at the matter
superficially have been inclined to say that Chief Justice
Marshall as well as Chief Justice Taney erred in the attempt
to commit the court unnecessarily in matters not directly in-
volved in the adjudication of the case before it. But it has
been pointed out, and I think with sound reason, that Chief
Justice Marshall pursued the proper course of entering upon a
452 THE IOWA JOURNAL
discussion of the constitutionality of an act of Congress only
when, after determining every other point on which the case
could be decided, it appeared that the determination of the
constitutionality of the legislative act was absolutely essen-
tial. He properly, therefore, postponed that question until
it became apparent in the course of the discussion that it
could not be avoided. Chief Justice Taney on the contrary,
after holding that the court had no jurisdiction of the case,
proceeded unnecessarily to discuss the constitutionality of an
act of Congress. The comparison, instead of showing Chief
Justice Marshall to be subject to the criticism which is prop-
erly made on the action of Chief Justice Taney, shows
clearly that Marshall exhibited proper deference to the leg-
islative department, while Taney unnecessarily pursued the
opposite and unjustifiable course.
The powers and functions of the court having been settled
by this early decision, the court had occasion in subsequent
cases to consider many questions as to the extent of the
powers of the federal government and its relations to the
States. Perhaps the most instructive case is that of
McGullocJi v. Maryland, decided sixteen years later, involv-
ing the constitutionality of the act incorporating a United
States bank, and the power of a State to tax a bank created
by federal authority. The first Congress under the Consti-
tution, acting under the advice and at the urgent solicitation
of Hamilton as Secretary of the Treasury, who regarded
such an institution at the time as one of the most promising
agencies for promoting the welfare of the country by giving
the government credit and stability, chartered the Bank of
the United States, and that bank established a branch in the
OF HISTORY AND POLITICS 453
city of Baltimore. The legislature of Maryland, however,
in 1818 passed an act uto impose a tax on all banks or
branches thereof in the State of Maryland not chartered by
the legislature," thus plainly raising the issue, not merely
whether the bank created by the federal government could
be subjected to the same taxing laws as those institutions
created by the authority of the State, but whether the State
could, by discriminative legislation, prevent the federal insti-
tution from carrying on its business in the State in compe-
tition with banks existing under State authority. Suit was
brought by the State against the officer of the Baltimore
branch of the United States Bank for the recovery of the
taxes claimed to be due to the State under this statute, and
the decision of the State court being that the tax must be
paid, the officer acting for the bank appealed to the Supreme
Court of the United States. Elaborate arguments for the
bank were made by Webster, Wirt (as Attorney- General)
and Pinkney, and for the State of Maryland by its Attorney-
General and others.
It may be noticed as interesting that although the estab-
lishment of the Bank of the United States had been strongly
opposed by the anti- Federalists, and the control of the gov-
ernment was in the hands of their successors, who had come
to be known as Democrats, Monroe being President, there
was no partisan feeling at this time with reference to the ex-
istence of the bank. Its powers had been extended, with
the approval of Jefferson, during his administration, and its
charter had been renewed under the administration of
Madison. The fact is, that strongly as Jefferson and his
political sympathizers had resisted every measure calculated
454 THE IOWA JOURNAL
to make the government of the United States under the
Constitution effective, they cheerfully accepted the machin-
ery provided for them by Hamilton and his associate Fed-
eralists, and administered it with great satisfaction to them-
selves, and with eminent success.
The case involved, therefore, not in a partisan, but in a
fundamental way the ultimate question of the authority of
a State to interfere with the operations of a corporation
created by the United States, and I know of nothing to indi-
cate that the Democratic administration sympathized with the
effort of the State to interfere by discriminative legislation
with the discharge by the bank of its functions as a creature
of the federal government. Nevertheless the original con-
tention that the federal government had no authority under
the Constitution to charter a banking corporation, coupled
with the further argument that even though such action had
been justifiable on the ground of necessity when the bank
was first created, the necessity had disappeared and the
power no longer existed, was urged upon the court, and in
disposing of this contention Chief Justice Marshall had
occasion to announce in plain terms, and as the result of an
incontestable course of reasoning, the rule as to implied
powers, and the doctrine of liberal interpretation.
It is impossible to reproduce here, even in outline, the
points of his argument. His unanswerable logic has never
been refuted, and in fact no systematic attempt has ever
been made to refute it, and his conclusion that, although
the government of the United States is one of enumerated
and not of general powers, yet under the authority given by
the Constitution to Congress to make "all laws which shall
OF HISTORY AND POLITICS 455
be necessary and proper for carrying into execution" the
powers vested in it, Congress has authority to pass all laws
appropriate to the exercise of the authority conferred upon
it, is announced in one cogent sentence:
Let the end be legitimate, let it be within the scope of the Consti-
tution, and all means which are appropriate, which are plainly adapted
to that end, which are not prohibited but consistent with the letter
and spirit of the Constitution, are constitutional.1
But let it be observed that this doctrine, neither in its
theory nor its application, involved the general assertion of
unlimited power within the discretion of Congress as to the
unexpressed purposes for which the federal government was
created. Marshall puts his finger on the express provisions
of the Federal Constitution from which the power to create a
bank must necessarily arid properly be inferred, and uses no
language which would relieve us from the necessity of put-
ting our fingers on the specific provisions of the Federal
Constitution relied upon when we assert for the federal gov-
ernment an implied power.
In determining the other branch of the case, that is, the
question of the power of the State to interfere by taxation
or other discriminative legislation with the exercise of its
legitimate powers on the part of the federal government,
the opinion of the Chief Justice is equally fundamental in
the premises assumed and conclusive as to the results
reached. Here again he founds his reasoning on the lan-
guage of the Constitution itself:
This constitution, and the laws of the United States which shall be
made in pursuance thereof * * * shall be the supreme law of the
1 4 Wheaton, 421.
456 THE IOWA JOURNAL
land, and the judges in every state shall be bound thereby, anything
in the constitution or laws of any state to the contrary notwithstan$-
ing.
Whatever be the power given to the federal government,
in the exercise of that power it is supreme, and no State
authority can limit or interfere with its assertion; and from
this premise, found in the fundamental charter which the
people have given to the federal government, follow conclu-
sions as far reaching in their logical scope as they have been
beneficent in their application. Indeed, the case of McCul-
locli v. Maryland has furnished the clew for the solution of
a multitude of questions arising in the operation of our com-
plex system of government, involving as it does a divided
sovereignty as between the States and the federal govern-
ment, each sovereign and supreme within the scope of its
legitimate powers. I need not trace the line of subsequent
decisions as to the right of the States to interfere with the
operations of banks chartered by the federal government by
taxation or otherwise, except in so far as the right of taxa-
tion is conceded to the States by the federal authority.
In the subsequent case of Osborne v. United States Bank,
the whole matter was again reviewed by the Supreme Court
in the light of arguments by Webster and Clay in support
of the federal power, resisted in this instance by the State
of Ohio, which, without resorting to the forms of taxation,
had appropriated to itself by way of penalty or forfeiture a
part of the property of the United States Bank. Chief
Justice Marshall in an elaborate opinion in this case again
went over the whole ground. Nor need I refer to the sub-
sequent cases in which the principles announced in Me Cut-
OF HISTORY AND POLITICS 457
loch v. Maryland were applied in determining that, without
the consent of the United States, no State can levy taxes
upon the notes, bonds or other securities issued by the fed-
eral government in the exercise of its legitimate functions.
But the conclusive solution of the whole question as to the
right of a State to tax the agencies or instrumentalities
which the United States government sees fit to make use of
in the exercise of the authority vested in it by the Constitu-
tion is found in the terse statement by the Chief Justice that
the power to tax or regulate involves the power to destroy,
and that the power on the part of a State to destroy is
hostile to and incompatible with the power of the federal
government to create and preserve, and that where any such
repugnancy exists that authority which is supreme must
control, not yield, to that over which it is supreme." "The
sovereignty of the state," he says, "extends to everything
which exists by its own authority, and is introduced by its
permission, but it does not extend to those means which
are employed by Congress to carry into execution powers
conferred on that body by the people of the United States."1
The same line of reasoning has been followed in the many
cases involving the validity of State laws as affecting inter-
state commerce. The first of these was that of Gibbons v..
Ogden, in which the right of the State of JSTew York to give
an exclusive franchise to private parties for the purpose of
operating vessels propelled by steam power upon the waters
within the jurisdiction of that State was questioned. As
illustrating the importance of the case, the interesting fact
4 Wheaton, 429.
458 THE IOWA JOURNAL
was pointed out in the arguments of counsel that the State
of Connecticut absolutely excluded from the waters within
its jurisdiction, including a portion of Long Island Sound,
those vessels having a license from the State of New York,
while the State of New Jersey, under a system of reprisal,
was imposing upon vessels entering into its waters with New
York license the same penalties that were imposed by the
State of New York on vessels coming from New Jersey and
interfering with the exclusive privilege which New York
had given. In other words, the States of Connecticut and
New Jersey were in an attitude of hostility towards the
State of New York with reference to commerce coming from
that State on account of the attempt of New York to grant
an exclusive monopoly to steam navigation within its own
waters. That such a conflict might ultimately lead to con-
sequences as disastrous to commerce as a state of war was
evident, and yet, unless there was something in the Federal
Constitution to render invalid such State legislation, there
was no reasonable hope for relief from the resulting inter-
ference with interstate commerce.
Gibbons was the owner of certain vessels operated by
steam, and had obtained from the United States a license to
engage in the coasting trade, a trade which Congress
assumed power to regulate by virtue of the provisions of
the Constitution giving it authority with reference to foreign
and interstate commerce. Ogden, as the assignee of the
rights of Livingston and Fulton, who had the exclusive mo-
nopoly from the State of New York, sought in the courts of
New York to enjoin Gibbons from operating his vessels
within the limits of the State, even though coming into its
OF HISTORY AND POLITICS 459
waters from another State, and, therefore, being engaged in
carrying on commerce among the States. In the Supreme
Court of New York, and on appeal in the Court of Errors of
the same State, the exclusive monopoly granted to Living-
ston and Fulton had been upheld as against the contention
that it interfered with Gibbons' rights under the Constitution
of the United States to carry on interstate commerce, and
especially to operate his vessels in New York waters under
the license given him by the federal government. Gibbons
appealed to the Supreme Court of the United States, and
his case was presented to that tribunal by Webster and
Wirt, who took the broad ground that State interference
with interstate commerce was invalid. Emmett on the other
side contended that the powers of the federal and State
governments as to interstate commerce were coordinate,
there being nothing in the language of the Constitution to
indicate an intention to make the authority of the United
States in that respect exclusive.
The opinion of Chief Justice Marshall contains an expo-
sition of the nature of the power to regulate interstate com-
merce, declares that such regulation extends to navigation,
and every species of commercial intercourse among the
States, and does not stop at the external boundaries of the
State, and the court supported him unanimously in the con-
clusion that the exclusive privileges granted to Livingston
and Fulton were invalid so far as they were invoked to pre-
vent such commerce. As indicating the original and funda-
mental character of the reasoning employed it may be inter-
esting to note that Webster and Wirt cite but two or three
authorities in the course of their extended arguments, as
460 THE IOWA JOURNAL
reported in the Supreme Court reports, "and that, although
many authorities are referred to on the other side, the Chief
Justice cites none whatever in his extended and elaborate
opinion. Where the conclusion reached must depend upon
reasons which could not in the nature of things have been
presented to other courts for conclusive adjudication he evi-
dently thought that the strength of the reason, and not the
multitude of authorities which might be collaterally referred
to, would alone justify the conclusions reached.
Again, in Brown v. Maryland, the question as to the
power of a State to interfere with interstate commerce was
presented to the court. Brown had brought into Maryland
a cargo of goods, paying the United States import duty.
The State of Maryland attempted to compel him to pay a
tax for the privilege of selling these goods, imposed on im-
porters only, by way of a license, and it was contended by
counsel for Brown, one of whom was Wirt, that this was an
unconstitutional interference with the power of Congress
under the authority given to it to regulate foreign and inter-
state commerce. Taney on the other hand, as counsel for
the State of Maryland, contended that this was not a duty
on imports, nor was it an interference with the power of
Congress to regulate commerce. But the Chief Justice ex-
pressed the opinion of the court to the effect that such a
license tax was in effect a duty on imports, and also that it
was an interference with the power of Congress under the
commerce clause, and suggested that the same objection
would exist if an attempt were made to impose such a license
tax on the sale by the importer of goods brought into a State
from a sister State. This case is notable because it contains
OF HISTORY AND POLITICS 461
the first pronouncement of the court with reference to origi-
nal packages, and it is a case constantly referred to as funda-
mental in the subsequent discussion, which has extended
down to the present time, as to the authority of a State, in
the exercise of its power of police regulation, to interfere
with the sale of goods which are brought into the State in
pursuance of interstate commerce.
It is impossible to pursue further the ramifications of the
controversies which have constantly arisen, and must still
arise, in determining the respective limits of State and
federal authority. One other class of cases, however, must
be referred to, namely, those involving the power of the
Supreme Court of the United States to review the action of
the highest tribunals of a State in cases involving some
right, privilege, or immunity claimed under the Constitution,
laws, or treaties of the United States wherein the decision
has been against the person relying on such right, privilege,
or immunity. The question was first discussed and elabo-
rated by Justice Story in Martin v. Hunters Lessee, on writ
of error from the Court of Appeals of Virginia; but later, in
Cohens v. Virginia, the whole subject was elaborately re-
argued by Barbour, later one of the justices of the Supreme
Court and an extreme strict constructionist, on the one hand,
and by Ogden and Pinkney on the other, and Chief Justice
Marshall, delivering the opinion, shows the magnitude of
the questions involved by saying that the contention on the
part of the State of Virginia is that "the nation does not
possess a department capable of restraining peaceably and
by authority of law any attempts which may be made by a
part against the legitimate powers of the whole, and that
462 THE IOWA JOURNAL
the government is reduced to the alternative of submitting
to such attempts or of resisting them by force." "They
maintain," he says, "that the Constitution of the United
States has provided no tribunal for the final construction of
itself or of the laws or treaties of the nation, but that this
power may be exercised in the last resort by the courts of
every state in the Union; that the Constitution, laws and
treaties may receive as many constructions as there are
states, and that this is not a mischief, or, if a mischief, is
irremediable." Quoting then the language defining t the
power of the federal judiciary, he continues:
The American states, as well as the American people, have believed
a close and firm union to be essential to their liberty and to their hap-
piness. They have been taught by experience that this union cannot
exist without a government for the whole, and they have been taught
by the same experience that this government would be a mere shadow
that must disappoint all their hopes unless invested with large por-
tions of that sovereignty which belongs to independent states. *
Without further quotation it is sufficient to say that the
court entertained no doubt under the language of the Con-
stitution of its power to review the action of the highest
tribunal of a State wherein a right or privilege claimed
under the Constitution or laws of the United States was
denied, and declared that if the Constitution or laws may be
violated by proceedings instituted by the State against its
own citizens, and if that violation may be such as to essen-
tially affect the Constitution or laws, such as to arrest the
progress of the government in its constitutional course, these
cases should not be excepted from those provisions which
Wheat on, 380.
OF HISTORY AND POLITICS 463
expressly extend the duties and power of the Union to all
cases arising under the Constitution and laws.
As to the power of the Supreme Court to enforce its judg-
ments as against those acting under State authority, Chief
Justice Marshall had already said in a previous case:
If the legislatures of the several states may, at will, annul the
judgments of the courts of the United States, and destroy the rights
acquired under those judgments, the Constitution itself becomes a
solemn mockery; and the nation is deprived of the means of enforcing
its laws by the instrumentality of its own tribunals. So fatal a result
must be deprecated by all, and the people of Pennsylvania [the case
was one arising in that state] as well as the citizens of every other
state must feel a deep interest in resisting principles so destructive
of the Union and in averting consequences so fatal to themselves.
As the great interpreter for all time of the rules to
be followed in construing the fundamental law and the
authority of the Supreme Court to give a final and con-
clusive interpretation binding on all as to the construction
of that Constitution and of the laws passed by Congress; as
the first judicial champion of the supremacy of federal
authority as embodied in the declarations of the Federal Con-
stitution, the acts of Congress passed in pursuance thereof
and the decisions of the federal courts interpreting and ap-
plying them, and the supremacy of the federal government
over the States in those matters as to which the federal gov-
ernment is by the Constitution given authority, Chief Justice
Marshall stands preeminent and without comparison as a
judge and a statesman.
In justice to the subject, however, I must give one further
illustration of the incontestable skill with which Chief
Justice Marshall dealt with new and difficult questions. In
464 THE IOWA JOURNAL
the case of American Insurance Company v. Canter1 decided
in 1828, was involved the relation of Florida, recently ac-
quired from Spain and having a territorial government, to
the United States. On the one side it was argued by Ogden
that the Constitution of the United States at once extended
over the newly acquired territory so that admiralty cases,
which by the Federal Constitution are within the jurisdic-
tion of the federal courts, could not be adjudicated by courts
created by the legislature of the territory under the legis-
lative power given to it by Congress; while on the other
hand it was contended by Webster that the Constitution of
the United States had no application to the government of
a territory like this, formed out of the newly acquired pro-
vince. These arguments have a familiar sound. They seem
to suggest the question whether the Constitution follows the
flag. But just as a patient investigation of the difficulties
arising out of the recent acquisition of new territory will
show that no glittering generality will furnish a satisfactory
solution, so Chief Justice Marshall, in the decision of this
case, committed himself to no broad generalization, but pro-
ceeded to ascertain the exact controversy before the court
and to apply to its solution the plain tests furnished by
careful constitutional interpretation.
He reached the conclusion that ' ' under the power of mak-
ing war and making treaties, the goverment of the United
States possesses the power of acquiring territory, either by
conquest or by treaty." Inasmuch as the treaty with Spain
by which the territory was acquired, provided that the in-
habitants thereof should be admitted to the enjoyment of
'1 Peters, 511.
OF HISTORY AND POLITICS 465
the privileges, rights, and immunities of citizens of the
United States, he found it unnecessary to determine whether
without such provision the inhabitants would be in that con-
dition. He found further that under the power to "make all
needful rules and regulations respecting the territory or the
property of the United States," Congress had authority to
establish a territorial government and to authorize that gov-
ernment to establish courts, and he concluded that the power
of Congress in providing either directly for the establish-
ment of courts or in authorizing the territorial legislature to
provide for such courts, was not limited by the language of
that article of the Constitution defining the jurisdiction of
the federal judiciary; in other words, that in providing for
the government of acquired territory Congress is not limited
to those enumerated powers conferred upon it with reference
to territory and people existing under the established gov-
ernments of the States of the Union. What he decided has
long been acquiesced in without controversy. His authority
is invoked on each side of the question still unsettled as to
the relations of the inhabitants of our newly acquired terri-
tories to the federal government. Nothing could more con-
duce to a satisfactory solution of present uncertainties grow-
ing out of the new situation confronting the Supreme Court
than that patient, clear, impartial, and statesmanlike frame
of mind which Chief Justice Marshall so successfully em-
ployed in the solution of the greater and more difficult ques-
tions with which the Supreme Court was confronted during
the thirty -five years of his administration as Chief Justice.
It is not necessary for a just and proper appreciation of
the services which Marshall rendered to his country to main-
tain that his contributions were greater than those of any
466 THE IOWA JOURNAL
other. Many States together make the Union, no one is
primarily essential to its existence; there are three depart-
ments of the government, no one of which is superior to the
other two; great men contributed their strength and their
wisdom, to the development of our system of government,
but it is not for us to say that the contribution of one was
essential or valuable rather than that of another. Washing-
ton was the great leader, holding together discordant
elements and influences which, without his power of com-
mand, would have made for separation and rendered inde-
pendence and union impossible. Hamilton furnished the
great organizing brain, which, with marvelous skill and
foresight, proposed the measures of finance and admistration
which were essential to bring order out of chaos and infuse
strength into weakness. Jefferson brought the scheme of
government into responsive touch with the popular will,
without which it could not have permanently existed. Mar-
shall expounded the principles which must govern the various
departments in their relation with one another and the federal
government in its relation with the States in order that by
peaceful means all controversy should be determined and all
friction avoided. Had the true force and significance of the
principles he announced been appreciated and recognized,
even an attempt at disunion would have been impossible. It
was not his fault that such an attempt was made, but it is to his
perpetual glory that the principles which he announced have
prevailed over all opposition, and that the great and enlight-
ened government of a reunited country continues to recognize
them as the landmarks by which its course is guided.
EMLIN McCLAiN
SUPREME COURT CHAMBERS
DES MOIXES
PKOBLEMS IN THE ADMINISTRATION OF
IOWA
Since the close of the Reconstruction period in American
history many students of government have been impressed
with the belief that the most useful work which they can
find to do is no longer in the field of constitutional history
and constitutional law. With the advent of the Hayes
administration and the withdrawal of the federal troops
from the South, most of the questions there involved re-
ceived, if a crude, a comparatively tenable settlement.
Hence the turning and the change from grand to petit polit-
ical thought, from the outline to the anatomy. Hence the
flood of discussion which of late years has emphasized the
business, rather than the philosophy, of government. We
have moved from the study of constitutional to the study of
administrative law.1 And, whatever may have been the
1It may be well to indicate briefly the sense in which adminis-
trative law is here distinguished from constitutional law. Constitu-
tional law prescribes the structure and the organization of govern-
ment, defines sovereignty, and regulates its exercise; administrative
law is concerned with the business of government. But the study of
organization is essential to the study of administration. Moreover,
the minutiae of organization are administrative rather than constitu-
tional. Administrative law has to do more properly with what
Wilson names the "ministrant" functions of government. — Wood-
row Wilson's The State, p. 614.
But it is in fact almost impossible to draw a close distinction be-
tween administrative and constitutional law. They inevitably shade
one into the other. I know of no statement which so excellently
468 THE IOWA JOURNAL
compulsion of constitutional study in the past, from the
standpoint of the necessities of the present the administrative
is perhaps of more importance. Our problems of today are
problems of execution, of public business management and
service.
The problem of government in Iowa is the same as that
of its sister States — one of efficiency, responsibility, and
independence in the administration, both State and local.
It is a complex problem, and one that will be fully solved,
no doubt, only after many painful trials. But the essential
that is fundamental to its solution, that which must precede
all others, is the delimitation of the spheres of local and
State government and the fixing within these spheres of the
services that properly belong to each.
The characteristic of the American State government of
the past hundred years has been its complexity and con-
fusion, obscuring or destroying responsibility, until oftener
than not it has been a snare and a trap to the elector, and a
haven to the politician. Ask the man in the street today,
brings this out, and so well shows the relation of the two fields of
law, as the following, by Luigi Miraglia. He says: "JJamminis-
trazione sta alia constitiozione come Vattimta alia forma immanente,
come la funzione alia struttura degli organi. E poche non e possibile
intendere ejfettivamente la funzione degli organi, senza conoscerne la
struttura, cosl non si pud separare il Diritto am?ninistrativo dal con-
stituzionale. UUHO e Valtro sono parti integranti del Diritto Pubblico
inter no, sebbene nell 'uno predomini il momenta dinamico, e nell 'altro
prevalga il momenta statico. U amministrazione rappresenta Vazione
molteplice e continua delpotere esecutivo, ossia lattivita per eccellenza;
la constituzione rappresenta invece la base solida su cui procede questa
funzione." In Atti della Reale Accademia di Scienze Morali e Poli-
tiche, di Napoli, 1883, v. 17, p. 7.
OF HISTORY AND POLITICS 469
what branch of the government is acting when a policeman
exercises the duress of the law upon his person, and it is
likely he could not answer. If he chanced to live in Ken-
tucky or ISTew York, he would find eventually that the
officer represented the local or municipal authority; whereas,
if he lived in Michigan, Nebraska, Kansas, Maryland, or
Iowa, that same officer would represent the State alone.1
"What," he would say, "are not these policemen of Des
Moines, Sioux City, Burlington, who are appointed and con-
firmed by local authorities, officers of the city?" Let him
seek to recover damages of the city for the negligence of
such an officer, and he will learn to his loss the true inward-
ness of his error.2
This is but an example. How many others might be ad-
duced— in the public health, the public safety, education,
taxation, corrections, charities, highway management, and
indeed in almost every branch of government! The power
is now here, now there, in State, in county, in city, in town,
according to the particular Commonwealth had in mind and
the particular year in that Commonwealth's history with
which the inquiry is concerned. And, to make confusion
worse confounded, not only must one be uncertain of the
source of power, but often he finds an officer who in the last
analysis is exercising a purely State function, labeled by the
very law itself a municipal or county officer, and as such he
votes for that officer! Or the thing may be just reversed.
If then, the great desideratum in American government be
JSee Frank J. Goodnow, Municipal Home Rule, p, 88.
8 See, for example, Lahner v. Town of Williams, 112 Iowa, and
cases cited therein.
470 THE IOWA JOURNAL
efficiency, responsibility, and independence in administra-
tion, what more pertinent than the assertion that before we
can construct we must clarify. Will a servant be efficient
or responsible when he is in doubt as to whom (excepting
always to his political creator) he owes allegiance? Can he
be independent when two sets of authorities, however erro-
neously, claim him?
We may examine, though very briefly and in a general
way, to see to what degree the State of Iowa, in the course
of its administrative history, has created distinct spheres of
State, and, to a lesser degree, of municipal administration.
Equipped with this information, we may be able to form
some opinion both of the general excellence and of the
deficiencies of our organization. The fields with which we
shall be concerned are public education, charities and cor-
rections, public health and safety, and public finance; for it
is in these fields, more particularly, that the debatable ques-
tions have arisen, that the local organization has trenched
upon the State, or the State upon the local, with its attend-
ant confusion of responsibility.
PUBLIC EDUCATION
The history of the administration of education in Iowa
may be divided roughly into six periods, as follows:
1. 1839-1842. Organization of the School System.
Territorial Superintendent.
2. 1842-1847. Period of Decentralization and Demor-
alization.
3. 1847-1858. Period of Union of the Educational and
Financial Administration of the Schools.
OF HISTORY AND POLITICS 471
4. 1858-1863. Kfcgime of the State Board of Educa-
tion.
5. 1863-1870. Period of Quiescence or Comparative
Keaction.
6. 1870-1903. Period of Growth, both in Central and
Local Administration.
The first, third, fourth, and sixth of these periods are all
marked by a greater or less degree of centralization,1 though
the sixth is more typical of the average tendencies through-
out the entire educational history than any of the others.
The second period may be most properly characterized as
one of demoralization, the fifth as one of reaction toward
legislative non-interference, both, though the latter only
slightly, bringing in their train a certain decentralization.
As early as 1841 Iowa had a territorial Superintendent.
He was a vigorous man, a man with almost a genius for
organization, imbued with an enthusiasm for the con-
structive work before him remarkable in a day of pioneer
difficulties. With the creation of this office, and with the
not entirely bona fide legislation for township and school
1 The argument throughout is one for centralization, but not cen-
tralization in the odious sense in which the word is sometimes em-
ployed. It is not believed that there should be any diminution in
local self-government. On the contrary, any function exercised by
the State which concerns the locality personally, rather than the State,
should be transferred to the locality. But at the same time, Com-
monwealth functions, mistakenly administered by local officers,
should be returned to the State's control. Centralization of the
kind denned and denounced by Toulmin Smith, to whose scathing
language John Fiske has given his support, is not at all that consid-
ered in this discussion. See Fiske's Civil Government in the United
States, p. 274.
472 THE IOWA JOURNAL
district organization, it seemed that the Territory was about
to claim the schools as its own especial charge, and make
their direction and sustenance by itself of real significance.
But it was only a passing shadow. Within a year the office
of Superintendent was abolished — a step in retreat — and
until the new State government was ushered in, there was
little of educational progress. The law abolishing the office
of territorial Superintendent provided that the reports from
the school units, which had been made to the Superintendent,
should now be made to the Legislative Assembly. Thus
the legislature would assume the central administrative con-
trol, and address its fiat no longer to an administrative
intermediary, but to its own august person. Perhaps we
may excuse the legislators, for it is possible that the shades
of Montesquieu or the Fathers were not present at this
heroic violation of political science — the legislative library
had been very slow in getting across the prairies and up the
waterways. But the sorry part of it is this, that the legis-
lature, which had appointed itself thus to administer, ad-
ministered not at all. There is little evidence that the
reports from the school districts were ever made to it.
There is practically none that the legislature was much con-
cerned at this. In a day when organization was the prime,
almost a clamoring necessity, when the legislature had at
its hands the man who could do this work, it turned its back
upon the obligation, and in consequence public education
was stranded for a season.
In 1847 a law was passed providing for a State Superin-
tendent of Public Instruction. Some years afterwards,
county school fund commissioners — the precursors of the
OF HISTORY AND POLITICS 473
county superintendents — were created, and from then until
1857, there was from the financial point of view, a greater
degree of centralization in the school administration than
has ever been known since that time. These educational
officers were made custodians of the school fund, which,
derived from the public lands granted to the State by the
United States government, constituted a very large part of
the school support. But it was an unhappy combination;
for the school fund commissioners, if we may judge from
the arraignment which they have received at the hands of
more than one Governor and Superintendent, were about as
incompetent a class of civil servants as Iowa has ever
known. Moreover, the union of financial and educational
duties in the State Superintendent was not fortunate, and
was decried by the incumbents of this office almost from the
first. And so strong did the sentiment upon this matter
become that in 1857, when the new Constitution was framed,
it was ordained therein that thenceforth the financial admin-
istration of the schools should be in the hands of purely
financial officers.
It was in 1857 that the celebrated commission for the
revision of the school laws made its report, and this,
together with the constitutional provision above noted and
those creating the State Board of Education and providing
that the State University should consist of a single institu-
tion, permanently located at Iowa City, mark the year as
the most significant in the history of educational adminis-
tration in Iowa. The legislation, to which the report stood
as a sponsor, markedlthe adoption of the free school, vof the
compromise township district system, and of the county
474 THE IOWA JOURNAL
superintendency, all elements of the very foundation and
structure of the present school system.
The regime of the State Board of Education, from 1858
to 1863, must be considered a remarkable chapter in Amer-
ican institutional history. The Board was made a distinct
legislature for school matters; every law connected with the
schools, except laws involving contractual and money obli-
gations, must originate with it; and over the acts thus
passed the General Assembly had only a power to amend
and alter. The history of this Board is replete with curious
instances of friction and strife — the results of an instrument
of government not well adjusted to the other parts of the
State administration, indeed, almost a violation of what
may be deemed the canons of constituent polity. These
episodes, however interesting, may not give us pause here.
It is to be observed, however, that in the legislation by the
Board two important steps toward centralization were taken ;
first, the school tribunals were erected, the county superin-
tendent being made the court of first, and the secretary of
the Board the court of final, instance; second, the State
Board of Educational Examiners, in its first form, was called
into being.1
In 1863, when the State Board of Education was abol-
ished and the State Superintendent again created, the legis-
lature seems to have been disinclined to push further the
State control. Disintegration in the school unit again set
1 This Board, as originally constituted, was composed of the
faculty of the State University. During its career but seventeen
persons applied for certificates, eight of whom were rejected. The
Board* was abolished after some years, and the present State Board of
Educational Examiners was created in 1882.
OF HISTORY AND POLITICS 475
in, the creation of the compromise township district having
given it a temporary check. The powers of the county
superintendent were enhanced somewhat, while the powers
of the State Superintendent were increased not at all.
About 1870, however, though the date is rather -arbitrary,
the central control again began to receive accessions of
strength, and down to the present time this has continued,
until to-day it may be said that the armor of centralization
is almost complete, and practically all that is needed now
is that it shall be riveted together. But that may not be
done for many years.
Let us examine to see how it is that the State has come
so near to, yet still remains a measurable distance from,
central control. We need cite but a few points. The power
of the State Superintendent to publish the courses for the
common schools; this, with the change of a word or two,
will bring the power to direct, to a large extent, the observ-
ance of these courses. His power to pass upon courses in
higher schools awaits only the provisions for assistants in
his office to render it effective. His power to appoint sub-
stitutes when county superintendents fail to make reports is
the next step to the power to appoint substitutes when they
fail in any of their duties. It is very near to the power of
removal. The ever increasing authority of the State Board
of Educational Examiners to grant various certificates on
examination, and its power to revoke such certificates, are
not far from a complete central control of teacher's examin-
ations. Its authority to inspect private normal schools and
accredit them, and to enter into reciprocal relations with
other States in granting certificates, clears the way for the
476 THE IOWA JOURNAL
assumption in time of almost complete direction of the edu-
cational qualifications of teachers. The manual prepared
by the State Teachers' Association, and published under
the authority given the State Superintendent to prepare a
course for high schools, has created a standard for high
schools that, once given statutory sanction, may bring the
day of State examination of high -school students. And the
laws making the State Superintendent a member of the
boards of the three State educational institutions, and presi-
dent of one of them, and the Governor a member of two
and the president of one, have pointed the way toward the
welding of all the school interests under one supervisory
authority. In fact, there is hardly a direction in which
some step has not been taken toward central control, except
in the matter of common school finance, other than the
school fund, and the regulation of the independent colleges,
other than the normal schools. And yet it must be said
that the great, the vital, powers of educational administra-
tion are to-day exercised by the local authorities.
CHARITIES AND CORRECTIONS
The most important act in the development of the char-
ities and corrections of Iowa was that of March 26, 1898.
This act at one stroke consummated the centralization of the
control of State institutions under the Board of Control.
Only second in importance was the act of April 7, 1900,
which provided that the Board of Control should have
power to inspect and supervise local institutions, county or
private, in which insane persons are cared for. This law
marked the first step toward the central direction of local
OF HISTORY AND POLITICS 477
administration in the administration of charities and correc-
tions. Though the administration of State institutions and
the administration of local institutions are closely related, it
will conduce to clearness if they are distinguished and dis-
cussed somewhat apart. And first, of the local administra-
tion.
The local administration of charities in Iowa has been
confined to poor relief, and, largely as an incident thereto,
the care of the insane. The care of the blind, of the deaf
and dumb, and of the feeble minded, has ever "been assumed
by the State. Local correctional or reformatory adminis-
tration is lacking, while that of a punitive character is con-
fined to the prisons or jails.
The care of the poor, throughout the entire history of the
State, save for a brief wavering at its beginning, has been a
charge upon the county. And, since 1851, the counties
have been left amenable to their own consciences in the care
and inspection of the jails. Previous to 1851 only the gen-
eral laws regulating the management of prisons and the care
of prisoners afforded any guaranty that abuses would not
exist, and though bills have been introduced at various
times for a State prison commission, none has been enacted
into a law. And it is probable that in the jails there are
to be found at the present time conditions as deplorable as
were those in the local institutions where the insane are kept
before the act of April 7, 1900, became a moving force.
This act imposes upon the Board of Control the duty of
inspecting, through its own members, or persons appointed
by it, all private and county institutions, where insane per-
sons are cared for. The advance was made not in response
478 THE IOWA JOURNAL
to any avowed intention to centralize charities generally in
the care of the State, but simply because it was essential to
give the Board this power, if its authority in regard to
insane already in the State asylums was to be adequate.
The administration of the State institutions evinces two
chief periods: that from the foundation of the institutions
to 1898, a period of large administrative independence; and
that from 1898 to the present time, a period of adminis-
trative dependence upon the central board. But there is
the lively suggestion, at least, of a third period, a period of
agitation and transition, with elements of limited centrali-
zation. Of the fitful career of the penitentiary at Ft. Madi-
son, of its administration in a dozen different ways, of the
rise and growth of the State institutions under varying
forms of guidance and government — this their history down
to 1898 would tell. But for want of space we may dispatch
it here with the observation that the usual type was admin-
istration by a local board of trustees, modified slightly in
later years by a certain central authority exercised by the
Governor and the Executive Council.
It may be said that the report of the Healy Investigating
Committee of 1897 is the one document of prime impor-
tance in the history of the State charities and corrections. It
constituted a cogent and severe indictment of institutional
administrative independence. Faults and blemishes it found
on almost every hand. Lack of uniform method in the
purchasing of supplies for subsistence or construction pur-
poses; the consumption of different grades of supplies in
hospitals treating the same kinds of patients; the interming-
ling of different funds, in violation of law; the non-observ-
OF HISTORY AND POLITICS 479
ance of statutory limitations in expenditures for specific
purposes; total failure in some places to audit bills, or aud-
iting after the bills were paid; the payment of different
salaries for the same services by institutions of the same
character; these were among its general criticisms, but there
were many others, and the committee found itself forced to
a radical conclusion. uWe attempted," it said, "with some
care to prepare a list of statutory amendments, but on re-
flection it was ascertained that the greater number of such
amendments can properly form a part of a measure creating
a central or supervisory board. The disease is organic, and
too deep-seated for the use of palliatives."
And thus the most radical step that Iowa has ever taken
in the reformation of its administration was witnessed. The
Board of Control, if outward signs and every evidence of
inward conditions are to govern the judgment, has been
most successful. Indeed, it is to be doubted if any other
branch of the administration has even approximated the
excellent results that have been attained in charities and
corrections under this high degree of centralization. It has
been demonstrated that it has achieved a great financial
saving, and it is averred that the improvement in the condi-
tion of the inmates of the various institutions, in the char-
acter of the service in such institutions, in equipment, and
general morale, have been no less conspicuous. Certain it
is that many in other States, seeking means to improve their
administration of charities and corrections, have turned to
Iowa for instruction. One supreme lesson we may read
from this: that any radical change is not to be discredited
simply because it is far-reaching and the offspring of
temerity.
480 THE IOWA JOURNAL
PUBLIC HEALTH AND SAFETY
Only in recent years has the health administration been
considered in Iowa as much more than an accidental phase
of government. An inland State, it has been free from
those epidemics of foreign importation which occasionally
have ravaged the coast States, epidemics that have caused
the insistence upon strict quarantine and preventive meas-
ures. The advancement of the health administration in a
number of eastern States has often been given its primary
impetus by the yellow fever, the Asiatic cholera, or other
scourge from abroad, until the State afflicted has made a
virtue of necessity and brought its health administration to
a high degree of perfection. There has been no such spur
to the Iowa law-makers. Moreover, the lack of large cities
and the diffusion of population over extensive areas have
tended to conceal or moderate the appearances of disease,
even when of serious extent, disease that might in congested
districts, because of its more evident destruction, have
aroused public demand for reform. Add to this the general
conviction, founded as it is in fact, that the health of the
State is unusually good, and it needs little further to explain
the slowness with which the machinery of health administra-
tion has developed.
For it has developed slowly. Down to 1866 the health
administration was purely an incidental function. The
earlier laws took one of two forms, in the one case vesting
in electors the duty of removing nuisances and otherwise
caring for the public health; in the other, imposing this
duty upon the mayor and council. Not until 1853 do we
find specific provisions for health officers, and then only in
OF HISTORY AND POLITICS 481
isolated instances. In 1866, however, the health adminis-
tration was made an obligatory function, an act of that year
having constituted the mayor and council of any incorpo-
rated town or city, or the trustees of any township not
incorporated, a board of health. The powers of such board
were full, definite, and described in considerable detail. The
results of the establishment of such local boards, however,
were not particularly obvious.
In 1880 a step was taken toward the supervision of the
local boards by a State authority. In that year the State
Board of Health was created. Legislatures are occasionally
diverted, or practiced in statesmanship — it is difficult to tell
which — by the creation of an apparatus calculated to pro-
duce or consume ad libitum, yet so cunningly put together
as to have no digestive or assimilative paraphernalia what-
ever. The State Board of health had all the outward show
and panoply of strength. Inwardly it was a vacuum. Local
boards were required to report to it. There was little or no
means to make them do so. Local boards were required to
observe its regulations. Another instance of the irony of
the law! The State Board should collect vital statistics.
But the vital statistics collected have ever been notorious
for their worthlessness. In fine, in everything that relates
to its connection with local boards, the State Board of
Health, until the year 1902, was but a caricature of what it
might have been had the law been framed by minds less
timorous.
On the other hand, in those spheres in which the Board
of Health acted as a peculiarly State authority, it accom-
plished much. Its publications, the dissemination of infor-
482 THE IOWA JOURNAL
mation concerning disease and sanitary conditions, assistance
in diagnosis, the introduction of a system of licensing em-
balmers — these things, among many others, attest its ser-
viceableness.
Finally, in 1902, the occasion being the great small-pox
pest of that year, the State Board of Health was given the
authority that it should have had from the first. It was
empowered itself to put its rules and regulations into opera-
tion in any community neglecting to observe them. It is
too early to give statistical evidence of the operation of this
law, but that great benefit is to be expected from it there
can be little doubt.
In addition to this development of central control in what
may be considered peculiarly the health administration, it is
to be observed that in auxiliary matters some advance has
been made. The creation of the office of State Veterinary
Surgeon in 1884, the centralization in mine inspection in
1880, and the power granted to the State Dairy Commis-
sioner in 1892 to inspect milk in cities of over 10,000 popu-
lation, all have evinced a tendency to bring the public
health and safety under the closer scrutiny of the State
administration. Both the State Veterinary Surgeon and the
Mine Inspectors have a certain connection with the State
Board of Health.
PUBLIC FINANCE
The income administration of the State of Iowa, and its
finance administration generally, is instructive, not so much
for what it now is as for what it has been. As a development
it is of striking suggestiveness. In those branches of the
administration which we have reviewed, the State legislature
OF HISTORY AND POLITICS 483
and the executive agencies of the State have guided the de-
velopment, but here we come into contact with the judicial
department. Judicial decision has played a great, a dispro-
portionate share in the finance; and but for it there might
to-day be a far different system, so far as taxation is con-
cerned, than that which exists. There is little of present
interest in the finances of Iowa prior to 1851. With the
Code of 1851, well-nigh revolutionary changes in the organs
of county administration, and so in the local administration
of the income, were made. There were also sweeping alter-
ations in the taxing system, both in the laws of the taxes
and in the machinery of their administration. We may
here pass over the County Judge and the question of
local finances in 1851 — though they are of surpassing inter-
est— and come to some consideration of segregation, State
assessments, State equalization and the State control of local
financial administration.
Though there had been several antecedent developments
of minor importance, the law that made segregation, or the
separation of State and local sources of income, of material
importance was that of 1862 taxing railroads on their
gross earnings. At first a half of the income from this tax
was given to the State and a half to the counties. Later
the counties fared better. They were allowed four -fifths of
the proceeds, while the State was to be content with one-
fifth. Nothing under either law was to be given to the
cities. This fact was to wreck the system and bring about
the general property tax on railroads. The city of Daven-
port, after several years of sharp fighting in the courts,
finally wrested from the Supreme Court a decision to the
484 THE IOWA JOURNAL
effect that the law contravened the section of the State Con-
stitution which provides that "the property of all corpora-
tions for pecuniary profit shall be subject to taxation the
same as that of individuals." It was by the narrowest
margin that this constitutional obstacle was placed in the
way of segregation. Davenport in its first case had received
the favorable decision of the inferior court. On the appeal
the Supreme Court was evenly divided, so that the finding
of the lower court was affirmed only by default of majority.
In 1872, as a result, railroads were made taxable upon their
general property for State and local purposes.
But this decision did not put an end to all segregation.
At various times, and until a second decision in 1899, tele-
graph, telephone, express, and insurance companies were
made to pay taxes to the State alone. In 1899, however,
Polk county having resisted the exclusive State tax on
domestic insurance companies, the Supreme Court extended
the effect of the decisions of 1864 and 1874, and decided
that the county as well as the State was entitled to tax such
companies. With the exclusive State taxes on domestic
insurance companies there now went down the allied taxes,
those on express, telegraph, and telephone companies. Thus
the last and the conclusive blow was dealt to the segregation
of State and local taxes, so far as corporations are concerned.
The spirit of the State legislation had been toward the
separation of State and local sources, to a large extent, from
1862 onward. And there is ample room for the opinion
that the members of the constitutional convention, when
framing the section of the Constitution that has wrought
such havoc in the laws, did not intend the inhibition of
OF HISTORY AND POLITICS 485
segregation that lias resulted. There is ground here for a
strong argument that judicial interpretation has defeated the
public will and the public interest. At the present stage in
the development of the science of finance, it is hardly neces-
sary to point out the advantages of segregation and the
well-nigh imperative need for it in any justly constructed
revenue system.1 The arguments upon which it is made to
rest are arguments of practical administrative expediency.
Is more than a hint needed to suggest to the reader's own
mind a flood of reasons why the administration, hence poli-
tics, and so the public good, would be simplified, clarified,
and potently subserved, if to each grade of government a
distinct source of revenue were assigned?
The other steps in segregation need be but briefly noted
here. In 1896 the collateral inheritance tax law was passed,
the proceeds from which tax go entirely to the State. The
tax on peddlers, which had been a State tax, was transferred
to the counties in 1897, though a new tax, that on itinerant
physicians, was reserved to the State. These taxes and the
various miscellaneous income from State offices, State lands,
etc., constitute the only exclusive State resources at the
present time.
In the history of taxation in Iowa, the discussion of State
assessment follows naturally upon an examination of the
separation of sources of income. For when segregation has
failed, recourse has been had immediately in several impor-
tant instances to State assessment, as though no jot of the
central control once gained were to be sacrificed, except
'See H. C. Adams, The Science of Finance, pp. 448, 449, 491.
486 THE IOWA JOURNAL
under compulsion. Neglecting in this place the laws and
developments of lesser importance, we may consider for a
moment the laws of 1872 and 1900. When in 1872 the
gross receipts tax on railroads was abolished and the tax on
property valuation substituted, assessment and apportion-
ment of such valuation upon a mileage basis by the Execu-
tive Council was provided for. And again in 1900 when
express companies, telegraph, and telephone companies
were made subject to taxation for State and local purposes
on their property valuation, it was provided that the assess-
ment should be made by the State Board of Review. The
advantages of State assessment of properties extending over
more than one taxing district are obvious. In the taxation
of railroads, while a consensus as to the proper basis of tax-
ation has hardly been reached in the United States, opinion
is practically unanimous that when that basis is the general
property the assessment must be by the State. Iowa, there-
fore, in this respect, has done no more than keep step with
the progress of the day.
Whoever examines the history of State equalization in
Iowa will be met with several surprises. For one thing,
State equalization has a rather dim and uncertain beginning.
Until 1900, except in four or five lonely instances so un-
usual that they leave one questioning whether they were not
the fruit of some abnormal influence, the equalization was
no more than a general county equalization of real property
values. That is, there was no equalization of urban realty
within a county on a different basis, i. e. at a different rate,
from the* farm values of the county.
The law did not provide for State equalization of person-
OF HISTORY AND POLITICS 487
alty values until 1897. Even after 1897 the State Board of
Eeview down to 1902 had taken advantage of its new pow-
ers in only two years, 1899 and 1900, and then with respect
to live stock alone. The failure to adjust even the live
stock values in 1901 seems to threaten, if not a discontinu-
ance, at least a broken continuance, of any equalization
whatever of personalty.
An estimate of the general results of equalization by the
State Board can be merely an estimate of the adjustment of
general real property values between counties. The sum
total of these adjustments, it must be admitted, has been
much to the advantage of the State. From 1870 to 1901
the reported values were increased at every equalization,
except in 1900, running in amount from a sum under a
million to over sixteen millions. But how many mistakes
and inequalities, how much injustice and consequent harm
to the State, must be hidden under those lapses in the law
or the custom of the State Board which have left to a chance
hit, or have wholly ignored, personalty and the urban
element in realty.
The Kevenue Commission of 1892 proposed a striking
change in the State Board of Equalization, viz. , a partial re-
organization by enlargement through the addition of eleven
persons, one from each congressional district, whose knowl-
edge of values in their several districts would, it was be-
lieved, enable the Board to approach more closely to accu-
rate justice in the adjustment of the burdens of taxation. It
is to be hoped that the day will be hastened when State
equalization, by the grace of a wise segregation, may be
dispensed with. But as long as it continues, some such
488 THE IOWA JOURNAL
measure as that recommended by the Revenue Commission
would seem a very desirable thing.
If segregation has not been adopted by a State, or has
been provided for or enforced in such a way that certainty
has not been secured or responsibility located in the admin-
istration of the finances, or if State assessment or State
equalization has failed to encompass these ends, there still
exist possible measures whereby they can be realized in a
greater or less degree. The local administration may be
brought to a higher plane of efficiency by administrative
control from the center. This has been a possible, but, ex-
cept in the inheritance tax, not a practiced alternative in Iowa.
Much that is worthy of reflection will be found in the nega-
tive history of discussion, of which it is made up, but noth-
ing of actual experiment. The most striking fact in the
history of this opinion apparently is that the central control
of local assessments has never been seriously considered.
States have often placed much reliance upon this device,
but in Iowa it has been passed by. It has been neglected
more than scorned, and it is probable that under favorable
conditions and a winning presentment it might attract many
adherents. The paramount object of almost every effort to
secure a better local administration has been to insure the
prompt collection and payment into the treasury of the
sums due from the counties on the general State levy. It
has been believed by many that the best means to bring this
about was to make the counties absolutely responsible for
the State levy. This amounted to a proposal for a legis-
lative and judicial control, and not for the administrative
control above suggested. The second, and only other im-
OF HISTORY AND POLITICS 489
portant means, suggested with any emphasis or at all con-
tinuously, for the betterment of State and local organs in
matters of finance, has been that of a central inspection or
direction of local accounts, or the two of these instrumental-
ities combined.
Thus we see that there have been certain broad tendencies
at work in Iowa, powerfully shaping the course of the in-
come administration. It is to be observed that the correla-
tion of some of these forces is rather close. Judicial decision
stands out as the correlating medium. Judicial decision has
grievously arrested the course of a healthful separation of
State and local sources of revenue, with the attendant pros-
pect of a simplified administration and a greater certainty in
taxation. But as judicial decision has destroyed, it has also
been the occasion for bringing to the front forces which, to
a degree, have served much the same purpose as segrega-
tion. These forces are State assessment, and, indirectly,
State equalization and the discussion of the State control of
local administration.
CONCLUSIONS
It is impossible within the compass of these pages to
attempt an analysis of the various branches of the adminis-
tration so minute as to show just what elements of each may
be considered local, and what State, in character. But a
few general conclusions may be derived. Not many will
dispute the contention that public education, public health
and safety, charities and corrections, and the income neces-
sary to the maintenance of the State services, are much
more than local in their character. They have a local
element, no doubt, but their Commonwealth significance
490 • THE IOWA JOURNAL
preponderates. If this be true, how eminently fitting is it
that in the course of time the State should have been given
a larger share in their administration. For the description
of a function of government as a State function, or a local
function, is an assertion that it is most successfully admin-
istered when administered by the grade of government in
which it has been classified. Only a part of the confusion
has been removed in Iowa; there are still many treacherous
spots in our administration which make it an easy prey to
politics. The cities are as yet the victims of legislative ad-
ministration; their sphere of local home rule has been poorly
defined, or defined not at all.1 But for what has been done
the citizen should be grateful; and by it he should be en-
couraged.
If this article has suggested in the slightest measure the
delicacy of the problems of administration that lie hidden in
our Commonwealth government, it will have achieved its
purpose. Delicate they are indeed, some of them calling
for a refinement of legal and political science which demands
all the intricacy of highly developed economic and social
organs, and yet must cleave to the everlasting facts as
closely as may be.2
1 See State v. Baker, 89 N. W. 204. It is remarkable that this
case, decided in February, 1902, was the first in which the position
of the city and its relation to the State was at all closely defined.
Judge Deemer, who wrote the opinion, was of course strongly guided
by the precedents of the general law of municipal corporations. At
the same time, one cannot escape the impression that he was deeply in-
fluenced by the writings of publicists, a thing that must be applauded
by every one cognizant of their sterling contributions in this field of
study.
* An instance illustrative of the delicacy of some of the problems
OF HISTORY AKD POLITICS 491
Can we read the signs of the times and be mistaken in the
belief that there is an insistent demand for disinterested
non-political study and work in administrative law. The
words of Dr. Andrew D. White, calling for endowments
for the study of comparative administration, are fresh in our
minds. At a recent eastern university commencement, at
which the Governor of New York was publicly honored, no
words were spoken more fitting and more timely than those
in praise of his " thankless" constructive labors in the fields
of public finance and public administration. A thousand
doctrines and dogmas have fallen by the way, a thousand
will fall — but who can doubt that the law and the privilege
of service, the religion of work, will continue to increase in
of administrative law is to be found in the school tribunals of
America, or, more immediately, in those of Iowa. If it were at-
tempted to trace exactly the jurisdiction of the county and State
superintendents, a very devious line would result. In Iowa there is
a shadowy borderland in which both the school courts and the regu-
lar judicial tribunals exercise jurisdiction, and there is a wide field
in which the judicial tribunals may supplement, direct, or even con-
trol the school courts, through their writs of mandamus, certiorari, or
injunction.
The school court is as yet embryonic, and, like all administrative
courts in this country — saving always the justices of the peace of
the colonial and early State period — it is an exotic. But it should
none the less be carefully preserved. It probably contains the germ
of much that will prove beneficial in American government. It will
develop slowly, no doubt, but the separation of justice from admin-
istration in continental countries has been only a very gradual thing.
As Gneist says of the development in the German states : * * * Trennung
der Verwaltung von der Justiz' macht sich daher zuerst im Polizeirecht
als eine gebieterische Forderung des practischen Lebens geltend, vott-
zieht sich aber in den einezelnen Territorien sehr langsam und unter
zahllosen Variationen." Rudolph Gneist, Der Mechtsstaat, p. 118.
492 THE IOWA JOURNAL
the cubits of its strength. And, if so, in what field, consid-
ering our present public needs, can it plead more eloquently
for followers than in the field of administrative study a
field barren to the outlook, and, it may be, discouraging to
the first research, but containing the secrets of social organ-
ization and the practical solutions of social difficulties.
HAROLD M. BOWMAN
COLUMBIA UNIVERSITY
NEW YORK
THE DEVELOPMENT OF PARTY ORGANIZA-
TION IN IOWA
The importance of party organization is but dimly recog-
nized by the average citizen. The part it plays in the work-
ing of our governmental system — from the school district
to the national government itself — is not generally under-
stood by the great mass of voters in whose loyal adherence
it finds its chief support. Though the fact of organization is
seen on every hand, the motives which are behind it, the
methods used by it, and the results attained through it are
not so evident. On the contrary, there is a distinct lack of
appreciation of the real significance of these great organiza-
tions whose beginnings date back to our first experience as
a nation. This unsatisfactory condition is due partly to
actual ignorance and partly to the confusion which has
arisen from the extreme emphasis placed by many students
of politics upon that portion of the party organization which
has come to be known popularly as the " machine." The
failure to distinguish properly between the rural party
organization and that of the city has added to this confusion.
Indeed, the question of rural party organization has been
almost wholly neglected, while that of municipal party
organization has received extended discussion and has been
taken as representative of the organization throughout the
entire country. And this is the real situation in spite of the
fact that the great majority of our people are members of
the rural organizations.
494 THE IOWA JOURNAL
The study of party organization in its larger aspects is a
work of the future, but it is a work which must be accom- '
plished before any adequate understanding of our party
history and our governmental theory can be attained. A
number of points of view will be elucidated in such a study.
Among these are: (1) the party organization as the agent
of the people in the administration of government in harmo-
nizing the interests of the legislative and executive depart-
ments; (2) party organization as a unifying force in the life
of the people; (3) the psychology of party organization; (4)
the significance of party discipline; (5) the influence of party
organization upon the social, educational, and even religious
life of the people; (6) the immense power wielded by the
organization through the control of party nominations. In
addition to these are the well worn questions of the spoils
system, the corrupt use of money, and the use of the party
machinery to promote the selfish interests of the party man-
agers. In all these different phases the subject of party
organization offers opportunities for investigations which
will, no doubt, be valuable contributions to our stock of
knowledge and throw additional light upon our local and
national history.
The following brief account of the beginnings of the party
organizations in Iowa is not an attempt to discuss the subject
in the manner suggested above, but is simply the founda-
tion for a future study in which the elaboration of these
points of view may be undertaken. For the present, it is
the purpose to trace the development of party machinery in
Iowa from its beginning to its present perfect state. The
result will be the outline of the mechanism of our political
OF HISTORY AND POLITICS 495
parties; their motives and methods are reserved for future
consideration.
There are two kinds of party organization, the distinction
between which should be made at the outset. There is
what may be called the " paper" organization, which may
be easily effected; and there is what may be called the
" institutional" organization, which has its roots deep in the
minds of its members and which requires years for its devel-
opment. The former is best illustrated by the organiza-
tions of the minor parties. A State central committee com-
posed of one member from each congressional district is
appointed; a congressional committee composed of one rep-
resentative from each county is chosen for each congressional
district; a similarly constituted committee is selected for
each judicial district; and in each county a committee is
organized which is composed of representatives from all the
townships in the county. The mechanism is complete, but
in spite of its completeness is ineffectual because it is artifi-
cial in its nature and does not exist in response to the de-
mands of any considerable part of the people. It exists for
the most part in the minds of the few men who are its pro-
moters and managers. It is not a great organic party,
although it manifests all the outward signs of an organic
party. As a matter of fact it is far from possessing this
complete machinery — a condition which only emphasizes
the radical difference between this imperfect organization
and that which is genuinely institutional in its character.
This latter type is illustrated by either of the great par-
ties, but especially by the Democratic party which has be-
hind it a century of unbroken tradition. Its outward
496 THE IOWA JOURNAL
appearance is the same as that of the minor party; its form
of organization is the same; and its methods are the same.
But it differs from the minor party as the sound nut differs
from the empty shell; and it differs in precisely the same
manner. The one is a complete organization with that inner
vital life which makes it the organic party that it is; the
other is the mere outward form — the empty shell. The
difference is a psychological one. Men are born into the
Democratic party and instinctively become an inherent part
of this great mechanism. They unconsciously acquire the
habit of Democracy, as it were, and act with that party as
naturally as they adjust themselves to the social world of
which they are a part. It is this institutional organization
which has made our great parties live from decade to decade,
and has given them the mighty power that is theirs. It is
this type of organization which offers to the student of poli-
tics a rich field for research and study. An appreciation of
this point of view is essential to a correct understanding
of party organization in Iowa.
The first settlements in the State were made at a time
when Andrew Jackson was at the height of his power.
Party discipline had been made effective. The spoils system
had but recently been introduced, and the efficiency of thor-
ough organization been made manifest. The early settlers
of the Black Hawk Purchase, which was then a part of the
Territory of Michigan, were largely from the southern
States where party feeling ran high and party lines were
rigidly drawn. The instinct for politics was in them. The
training for party management was theirs. Naturally one
of the first suggestions that came to them after their emigra-
OF HISTORY AND POLITICS 497
tion to the country west of the Mississippi was their organ-
ization as a part of the great national parties to which they
belonged. By this means better than any other could their
interest in national politics be maintained and the local
interests of their new home promoted. But their first
efforts at organization were not only the result of a desire
to serve the public good; they were a necessity. The germ
of party organization was in them, and it could no more
help springing into life than can the bud into bloom. Even
though the organization at first was very incomplete and far
less efficient than it has since become, yet it satisfied the in-
stinctive desire of the Iowa pioneers for party association.
They were unable, and indeed had no inclination, to dis-
card their party prejudices and antipathies, and this early
organization was a natural outgrowth of their strong party
convictions. In other words the consciousness of member-
ship in the two great parties was brought to Iowa by the
first settlers, and the local organizations began at once to
develop along the lines followed in the States from which
they came. The fact that the population was very small
and that the influence of the Territory upon the current
political opinion was quite imperceptible, was either un-
thought of or ignored. The first opportunity to draw party
lines, and by so doing to furnish the necessity for local
organization, was seized with avidity, and used in as effective
a manner as the territorial conditions would permit.
This opportunity came in the year 1836 just after the
creation by Congress of the Territory of Wisconsin, in
which the Iowa District was included. The occasion was
the election of the first territorial legislature in which the
498 THE IOWA JOURNAL
Iowa District was represented by eighteen members in the
House of Representatives and nine members in the Council.1
At once after the organization of the Territory and even
before the apportionment of the representation to the differ-
ent counties by Governor Henry Dodge, candidates began
to announce themselves and to make appeals to the voters
for their support. The only records we have of this first
campaign are found in the files of the Du Buque Visitor,
the first newspaper published within the limits of the Iowa
District.2 The first reference to the pending campaign is
found in the issue of August 10, 1836, in which the follow-
ing announcements appear. These may be taken as typical
of the statements made by the candidates and their friends
in announcing their candidacies.
Messrs. Editors: — You will please to insert in your paper, that I
intend offering myself as a candidate for Constable for this county at
the ensuing election.
Yours respectfully,
Durango, 5th July, 1836. C. KELLER.
Whether Mr. Quigley or his friends were responsible for
the second announcement is veiled in mystery.
If Patrick Quigley, Esq. will consent to become a candidate for
the Council at the ensuing election, he will be supported by
Du Buque, Aug. 10, 1836. MANY VOTERS.
The first suggestion as to the need of concerted action in
1 Of this number Des Moines County was entitled to 7 representa-
tives and 3 councilmen; Iowa County to 6 representatives and 3
councilmen; and Dubuque County to 5 representatives and 3 coun-
cilmen.
8 Published May 11, 1836, to June 16, 1838. On file in the library
of the Historical Department of Iowa, Des Moines.
OF HISTORY AND POLITICS 499
the nomination of candidates is in a communication from a
citizen who signed himself " Voter," which appeared in the
issue of the Du Buque Visitor of August 17, 1836. He
suggested that in order to have every part of the county
represented in the legislature, a convention of the citizens
of the county should be held at Dubuque or some other
suitable point, for the purpose of nominating candidates.
This convention, he thought, would give the people an op-
portunity to become acquainted with one another and with
their candidates, insure equal representation to the different
parts of the county, and guarantee the capability of the men
nominated. This communication brought forth a protest in
the issue of the following week, in which it was claimed
that the candidates had the right to announce themselves in
any civil manner they may choose. A week later a second
protest against the plan of calling a caucus appeared. This
came from a candidate, who closes his protest with this elo-
quent defense of the people's character. "This people, this
enlightened people revolt at the idea of relinquishing their
free right of suffrage into the hands of a few self-important
individuals." Two weeks later, in the issue of September
14, " Voter," the originator of this discussion, replied to his
critics and argued strongly for the county convention. He
takes pains, however, to state his opposition to the "secret
caucus system." The following week another citizen, sign-
ing himself "A Miner," answered the criticisms of those
opposed to the convention and announced a meeting to be
held on Saturday, October 1, for the purpose of nominating
a candidate for delegate to Congress and candidates for the
territorial legislature. It was expected that those who were
500 THE IOWA JOURNAL
striving for the nominations would be present and address
the convention.
Thus far the discussion had been carried on by men of
both parties, and the effort to secure a convention to nom-
inate candidates acceptable to all the people was an attempt
to promote a non-partisan election. It is fair to suppose,
and later developments seem to substantiate the claim, that
the Whigs, who were greatly in the minority, were largely
responsible for this non-partisan plan. But the Democrats,
much stronger in numbers than the Whigs, could not endure
the thought of seeing men of opposite political faith fill-
ing offices which they themselves had power to control.
The instinctive feeling of opposition to anyone and anything
not in sympathy with the time-honored Democracy, came at
once into play. Democrats were of one accord. All de-
sired to see their party supreme in the new Territory. But
this desire to control the acts of the legislature, and through
them the destiny of the Territory, was due no more to their
belief that their party could best serve the interests of the
Territory than to their inborn wish to present an unconquer-
able opposition to their political opponents. Devotion to
their party led them to look upon this first campaign as a
propitious one in which to effect a local organization. Ac-
cordingly, the following call for a convention, which illus-
trates in an excellent manner the institutional type of party
organization, appeared in The Du Buque Visitor of Sep-
tember 21, 1836 — the issue which contained also the call
mentioned in the preceding paragraph.
OF HISTORY AND POLITICS 501
A CALL.
To the Democrats of Du Buque County.
An important election is about to be held for the choice of Coun-
cilmen and Representatives in the Legislative Assembly of this new
Territory. At such an important epoch as the first election for legis-
lative officers for this vast scope of country, it is not proper that the
Democracy of this county should stand idle. The price of liberty is
eternal vigilance. The character of the first Legislative Assembly
will have an important bearing upon the future political prospects of
the States that will be formed from this Territory. The enemies of
the people are always upon the alert. They are always ready and
anxious to plant their noxious principles wherever they will take root.
Let not the Democracy of the county be stigmatized as too dull to
apprehend their rights, or too indolent to maintain them. But, fel-
low-citizens, be not deceived by hollowhearted professions of friend-
ship. We have been told that all who cry Father ! Father ! shall not
enter the Kingdom of Heaven; neither shall all those who cry " De-
mocracy" and "the people" be considered as genuine disciples of Jef-
ferson and Jackson. There are those who, to effect a temporary
object, may seem to adopt our principles, although they are at vari-
ance with their past conduct. Trust them not; they have clothed
themselves with the lion's skin, but elect them to office and they will
show by their braying what they are. You hear a great deal said,
fellow-citizens, about "no-party," — that the citizens of this Territory
have nothing to say in politics, and that the question should not be
raised at the coming election. These are but the arts and snares and
stratagems of a wily enemy. Examine the list of candidates offered.
How many of them do you recognize as your political friends, who
stood by President Jackson in "days of panic," and whose good
wishes now are for the success of the Democratic candidates, Van
Buren and Johnson? Depend upon it, those who are not for us are
against us. "No party men" and "fence men" are always against
the Democratic party — and we had better have an open enemy than
a pretended friend.
502 THE IOWA JOURNAL
It is well known that a large majority of the citizens of this county
are democrats, friends of Jackson and Van Buren, and it is highly
important that this majority should have something to say in the
choice of public officers. They can only effect their object by union
and concert of action among themselves. In union there is strength
and victory. But if we permit our enemies to retain the vantage
ground which they have assumed — if we suffer our strength to be
frittered away by casting our votes in the dark for candidates with
whose principles we are unacquainted and without any understand-
ing amongst ourselves, we shall ensure the election of a majority of
our political opponents. For the purpose, therefore, of ensuring
concert and union among themselves, the Democratic Republicans of
Du Buque County are invited to meet at the cabin of Mr. Miller at
the mouth of Bee Branch on Cooley, near Samuel Hulitt's, on the
26th day of Sept. (inst) at 10 o'clock A. M. for the purpose of tak-
ing the necessary steps preparatory to the next general election in
this Territory.
Sept. 19, 1836. MANY DEMOCRATS.
The convention was held in accordance with this remark-
able call, and in the next week's paper appeared an account
of the proceedings. The chairman of the convention was
W. W. Chapman, who was afterwards the first delegate to
Congress from the Territory of Iowa.1 A committee of
eleven was appointed to select the candidates for the ensu-
ing election, and a committee of five to draw up resolutions
and an address to the people. Col. George W. Jones was
nominated for the office of delegate to Congress, three of
the leading citizens of Dubuque for the Council, and four
for the House of Representatives.2 One vacancy in the list
JThe Territory of Iowa was organized July 3, 1838.
8 The candidates nominated for the Council were Stephen Lang-
worthy, John Foley, Thomas McCraney. Those nominated for the
House, H. T. Camp, P. H. Engle, Hardin Nowlin, Patrick Quigley.
OF HISTORY AND POLITICS 503
of candidates for the House was left to be filled by the
Democrats from the lower end of the county, who were not
represented in the convention. The report of the committee
on resolutions expressed great confidence in General Jackson
and his administration; considered the election of Van Buren
and Johnson as necessary to the country's prosperity;
deemed it necessary that the laws of the Territory should
be democratic in their features; condemned the acts of their
political opponents; and required the candidates of the con-
vention to pledge in writing (the pledges to be published
as well) to do all in their power to secure the seat of the ter-
ritorial government for Dubuque.
Two of the candidates1 nominated at once prepared and
had published long communications in which they accepted
the nominations, stating how unworthy they would be if
they refused to respond to the wishes of the people, and
giving their personal views upon both local and national
questions.
In this same issue of the Visitor, that of September 28,
1836, appeared a call, signed by "Many Voters," in which
the miners and citizens of Dubuque County generally, who
were opposed to caucus dictation, were invited to meet at
the Methodist church in Dubuque on Saturday, September
31, for the purpose of making arrangements for the coming
election. It was expected that the candidates for the legis-
lature would be present and again address the people.
When the day of the election arrived there were seven
active candidates for the three positions on the Council, and
seventeen candidates for the five places in the House of
*P. H. Engle and Stephen Langworthy.
504 THE IOWA JOURNAL
Representatives. The Democrats succeeded in electing two
of the three candidates for the Council and all four of the
candidates nominated for the House.1 Although no records
could be found to give the facts, it is probable that the
manner of conducting the campaign and the election in Des
Moines and Iowa counties was similar to that used in
Dubuque. As compared with the thoroughly organized
campaigns of the present day, it was most simple and inef-
fective. The campaign was almost entirely a personal one
in which the candidates themselves took the largest part.
In fact, the work of the candidates was practically all that
was done to promote the interests of the opposing parties.
There were no central committees to direct the campaign
and to effect an organization of the party workers for a
thorough canvass in the different counties. Several years
were to pass by before this feature of the modern party
organization was to be adopted.
The death, in the spring of 1837, of one2 of the men
elected to the House of Representatives, caused a vacancy
which was filled at a special election held July 10, 1837.
The methods of nominating the candidates and conducting
the campaign were similar to those already described. Some
of the candidates announced themselves; others were brought
forward by admiring friends. Some were nominated in
1 The number of votes polled in the town of Dubuque was 621,
while the vote of the whole county exceeded 1000. Not all the votes,
however, in the southern part of the county were polled. It is pos-
sible that an earlier election may have been held while Iowa was
still a part of Michigan Territory, although no records to this effect
were discovered.
8 H. T. Camp.
OF HISTORY AND POLITICS 505
mass conventions in different sections of the county; others
came before the people without this formality and without
the prestige which accompanied a convention nomination.
All the candidates made use of the columns of the news-
paper to communicate with the voters. Each one used
whatever methods he deemed most effectual. A campaign
more picturesque than that conducted by the modern
smoothly and silently working machine, was the inevitable
result. Men were just as eager for office then as now; just
as willing to sacrifice themselves to the call of public duty;
but the science of political management had not then been
developed to its present state of perfection.
In 1838 the territorial government of Iowa was estab-
lished and an election of a territorial legislature was called
for September 10th. At once party politics took on a more
aggressive appearance, although party lines were not gener-
ally observed in the first and second elections — those of
1838 and 1839. In these first elections members of the
legislature and delegates to Congress were the only officers
chosen, and the Territory being so new, questions of purely
local interest prevented the division of the voters upon
strictly party lines. But in 1840 the whole situation was
changed. Political enthusiasm ran high. The spirit of the
great presidential campaign in the States pervaded the
whole Tenitory.
During the two or three years preceding the campaign of
1840, large numbers of new settlers had come to Iowa,
bringing with them strong party convictions and an enthu-
siasm greatly excited by the coming presidential election.
Iowa could have no part in that election, but that was no
506 THE IOWA JOURNAL
reason why the followers of Harrison and Van Buren should
be idle. The hereditary party feeling was too strong to
permit of an inactive campaign. The result was that for
the most part the legislature was elected by a party vote,
the Democrats securing a small majority in both houses. In
some of the eighteen counties which existed then, the county
seat question and other considerations of a local nature pre-
vented this strict party division. The Whigs seem to have
lost more than the Democrats by defections of this kind.
But even in these counties the minority party was so ag-
gressive that it was necessary to look after the interests of
the majority with the utmost care. This intensity of party
feeling was strengthened by the efforts of the Democrats
during the summer of 1840 to effect an organization of the
Democratic supporters throughout the Territory. Many
Democrats were opposed to this movement, but the pro-
moters of the plan arranged for a territorial convention,
which met at Bloomington (Muscatine) August 19, and
nominated General A. C. Dodge for the office of delegate to
Congress. The convention was not a large one, and was
gotten up in a very informal manner. It was, however, the
first attempt at party organization for the whole Territory,
and as such is of peculiar interest to the student of this
period. The editor of the Territorial Gazette and Adver-
tiser,1 published at Burlington, referred to the nomination
of General Dodge in 1840 in these words:
The nomination of General Dodge by the democracy was the first
step that had ever been publicly taken in the Territory towards a
1 Editorial in issue of June 26, 1841. File of Territorial Gazette and
Advertiser at the library of the Historical Department, Des Moines.
OF HISTORY AND POLITICS 507
distinct party organization. A very respectable minority resisted
the drawing of party lines as impolitic and out of time; and although
the majority of such in the end fell in with and supported the nom-
ination, it is well known that there are some who refused to do so.
During the closing days of the campaign the Democratic
leaders urged on the work of organization. As it became
more and more evident that the Whig nominees on the
national ticket would be elected, the zeal of the Democrats
became more intense, with the result that they saved the
day and elected General Dodge by a small majority.
When the legislature met in the fall both houses were
organized on party lines, with the Democrats in control — a
circumstance which tended to increase the already intense
party feeling and gave a marked impetus to the work of
organization. The actual control of the legislature gave
the Democrats a knowledge of their strength; the fact
that the Democratic majority in each house was very small
made the Whigs see the possibilities that lay behind an
effective party organization. The result was a greater
activity among the rank and file of both parties, and a closer
feeling of kinship among the party leaders in the legislature.
It is a significant fact that the division of the parties in the
legislature was due largely to a question of patronage. The
question whether the legislative printing should be given to
the Hawkeye or to the Gazette — the official organs of the
Whig and Democratic parties respectively — was the cause
of this division and was a bone of contention during the
entire session.
The failure of several Democratic legislators, who were
elected by the aid of the Whigs, to abide by their ante-elec-
508 THE IOWA JOURNAL
tion promises that they would oppose the organization of
the legislature upon party lines, gave great encouragement
to the work of organization among the Whigs. The Burling-
ton Hawkeye and Patriot, edited by James G. Edwards, a
stalwart Whig, did valiant service for the party in its advo-
cacy of concerted action. In the issue of November 12,
the editor " trusts that all the Whigs in this territory will
have an eye upon a thorough organization of the Harrison
party before winter closes." Three weeks later there ap-
peared an editorial on Organization in which it was urged
that the Whigs should follow the Democrats in effecting an
organization of the party throughout the territory. It was
suggested that if a general meeting of the Whigs could not
be held in some suitable place, steps should be taken at
once to insure active and harmonious efforts in the interest
of the party in the different counties. It was proposed that
a general jubilee to celebrate the election of General Har-
rison to the presidency might be held at Burlington while
the legislature was still in session, and that the plans for
the organization of the party might then be adopted. But
if this was inconvenient, a " Territorial Corresponding Com-
mittee" should be appointed who should correspond with
such persons in each county as were recommended by the
Whig members of the Legislature. These men should be
instructed to call county meetings where the issues between
Harrison and Van Buren should be discussed. In this way
the Whigs could be united and victory assured.
Four weeks later, December 31, there appeared a call,
signed by William B. Ewing and Henry W. Starr, for a
meeting of the friends of William Henry Harrison through-
OF HISTORY AND POLITICS 509
out the Territory to be held at Burlington, January 6, 1841.
Although the time for circulating the notice of the meeting
was very short, a goodly number of prominent Whigs from
different parts of the Territory assembled at the appointed
time. The meeting was held in the Methodist church and
was presided over by E. P. Lowe of Bloomington. After
a committee had been authorized to draw up a congratula-
tory address to General Harrison, resolutions to the follow-
ing effect were adopted: — That the meeting should proceed
to the organization of the Democratic Whig party, for the
Territory of Iowa, with a view to produce a union and con-
cert of action in regard to its interests and duties; that a
central committee1 to consist of five members from Des
Moines county and one member from each of the remaining
counties should be appointed; and that the meeting should
recommend to the Whig voters in the several counties that
they organize and appoint county committees and unite
their influence with that of their fellow -citizens in an en-
deavor to produce a harmony of feeling and a zealous coop-
eration in every honorable effort to ensure success to the
Democratic Whigs of Iowa in their future proceedings. In
1 The central committe chosen in accordance with these resolutions
was composed of the following persons: Henry W. Starr, J. P.
Bradstreet, James G. Edwards, J. D. Learned, W. B. Ewing, all
from Des Moines county; Stephen Whicher, Jr. of Muscatine; G. C.
R. Mitchell of Scott; Hamilton Robb of Henry; Horace Smith of
Johnson; Daniel F. Miller of Lee; George H. Walworth of Jones;
Isaac N. Lewis of Van Buren; Francis Springer of Louisa; James
Crawford of Dubuque; Robert C. Bourne of Clinton; J. K. Moss of
Jackson; Dr. J. S. Waugh of Jefferson; A. Cowles of Linn; S. P.
Higginson of Cedar; Lemuel G. Collins of Washington; Quigley,
P. M. of Clayton.
510 THE IOWA JOURNAL
a second resolution it was voted to recommend the holding
of a convention at Davenport on May 5, for the purpose of
nominating a candidate for delegate to Congress, and to
instruct the central and county committees to report at that
time the progress that may have been made in organizing
the party throughout the Territory. It was also voted that
the Central Committee should instruct the county com-
mittees, and through them the people, to hold primary
meetings at which delegates to the Davenport convention
should be chosen. The representation in this convention
was twice as many delegates for each electoral district, of
which there were ten, as it had representatives in the legis-
lature.
At once the Whigs began the work of organization
throughout the Territory. The same form of organization
was adopted in all the counties by the conventions called for
that purpose. The proceedings in Louisa county were typ-
ical of those in all the counties. Here a mass convention
was held January 6, 1841, for the purpose of selecting dele-
gates to the territorial convention, of choosing a County
Central Committee, and of perfecting plans for the local
organization. A committee was appointed to submit a list
of delegates to the convention and a list of persons to con-
stitute the county committee. This committee was made
up of one person from each township. Resolutions were
adopted to the effect that, as vigilance and a perfect organ-
ization are the only means of preserving and perpetuating
the principles of democracy, it should be recommended
to the Whigs of each township to organize immediately
by the formation of township committees of vigilance,
OF HISTORY AND POLITICS 51 1
and by the adoption of such other measures as might be
deemed expedient. The members of the County Committee
were authorized to call meetings in their respective town-
ships for these purposes. The County Committee was also
authorized to call a convention at which candidates for all
the county offices should be nominated. The resolutions
also advocated thorough organization throughout the Ter-
ritory and pledged the support of Louisa County to the
candidate of the Davenport convention. Particular emphasis
was laid upon the necessity of supporting the party ticket.
It was the claim of the Whigs that they had the numerical
strength to carry the Territory, and this could easily be
done if all would unite upon a candidate and support him at
the polls. The result was that in all these first county con-
ventions the members pledged themselves to support the
convention nominees and to discourage the running of inde-
pendent candidates. Township meetings were held as rec-
ommended, vigilance committees appointed, and plans
adopted for an effective campaign.
Similar plans were adopted in the other counties, and by
the time of the Davenport convention the Whigs of the
Territory had been pretty thoroughly aroused. The con-
vention assembled May 5. All of the counties were repre-
sented except Dubuque and Clayton. The delegates from
these counties were unable to attend because of the bad con-
dition of the roads, resulting from heavy rains. The object
of the convention was to nominate a candidate for delegate
to Congress. After a brief and friendly contest Alfred
Rich of Lee County was made the nominee. The Central
Committee, appointed at Burlington, was instructed to
512 THE IOWA JOURNAL
report to the people an address suitable to the approaching
election. It was recommended to the counties that they
hold conventions for the purpose of nominating full Demo-
cratic Whig tickets for the legislature and county offices,
and that they discountenance the claims of all who would
not submit to such arrangements. As an incentive for ag-
gressive work it was voted to present a banner to the county
giving the largest Whig majority for delegate to Congress.
In the meantime the Democrats were putting forth equally
energetic efforts to unify the interests and organize the forces
of the Democracy. After the election of 1840 it was borne
in upon the Democrats that they held the Territory by a
very narrow margin, and that unless they did organize the
Whigs would soon have control. This feeling was greatly
intensified by the success of the Whigs in effecting an organ-
ization at their jubilee meeting January 6, 1841. Indeed so
urgent did the necessity for organization seem, that only
eight days after the Whig meeting a similar meeting of the
Democratic legislators and the Democracy of Burlington
was held for the purpose of starting the work of organiza-
tion throughout the Territory. They urged the Democrats
of the different counties to adopt effectual measures for a
thorough and efficient organization of the party, without
which defeat would be inevitable. In the last three sections
of their resolutions, their belief was expressed that the
organization they desired could be best promoted and per-
fected by township, county, and territorial con ventions ; and
the holding of such conventions was recommended in order
that the nominations for the various offices might be made
by the people themselves and not by a few active and inter-
OF HISTORY AND POLITICS 513
ested parties. They recommended also the holding of a
territorial convention at Iowa City on the first Monday in
June for the purpose of nominating a delegate to Congress.
It was voted further to request the Democratic electors of
each county to nominate full county tickets and to discoun-
tenance the pretentious of all other aspirants of their own
party. It was also decided that a Central Committee1 to
consist of five members from Des Moines County and com-
mittees of correspondence to consist of one member from
each remaining county should be appointed, and that it
should be recommended to the voters to organize county
committees and to unite their influence with that of their
political friends in an effort to produce a harmony of feeling
and a zealous cooperation in every honorable effort to en-
sure success to the Democratic party in all its future pro-
ceedings.
The plan thus adopted was exactly the same as that
adopted by the Whigs the week before, notwithstanding the
Democrats of Burlington had ridiculed it at that time. In
fact the resolution providing for the appointment of a
Central Committee was taken almost word for word from
that of their political opponents. Likewise, the plans fol-
1 The Central Committee chosen was as follows: Stephen Gear-
hart, John Johnson, George Hepner, James M. Morgan, J. W.
Woods, all from Des Moines County; John Cams of Van Buren; Sul-
livan S. Ross of Jefferson; William Thompson of Henry; Thomas
Baker of Washington; Samuel C. Trowbridge of Johnson; James W.
Isett of Louisa; Edward E. Fay of Muscatine; Harman Van Antwerp
of Cedar; Andrew Logan of Scott; Samuel R. Murray of Clinton;
John G. McDonald of Jackson; Thomas McCraney of Dubuque;
Frederick Andross of Clayton; John C. Berry of Linn; Thomas
Denson of Jones.
514 THE IOW A JOURNAL
lowed out in the work of organizing the counties were simi-
lar to those already described as being used by the Whigs.
They provided for the holding of primary township meet-
ings for the purpose of appointing township committees and
devising plans for a more complete organization; for the
appointment of delegates to the county conventions, at
which full tickets should be nominated and a county central
committee chosen; and for the selection of delegates to the
territorial convention — each county to send twice as many
delegates as it had representatives in the legislature.
As in the case of the Whigs, the party workers responded
nobly to this call, enthusiastic meetings were held, and local
tickets nominated, so that by the time June arrived the
Democracy of Iowa was ready for the territorial convention
and the vigorous campaign that was to follow. In this
work of local organization great care was taken to impress
upon the voters the need of supporting the party ticket at
all times and under all circumstances. Each party claimed
that the other was raising the " no -party" cry in order to
mislead the critics, while at the same time it was secretly
perfecting its own organization. But this was merely a
campaign cry. Both parties, as expressed in their leading
newspapers, were anxious for a strict party division; and
they hoped to bring this object about by their thorough
organization.
The Democratic territorial convention assembled at Iowa
City at the time designated in the call. There were one
hundred and fifty delegates present, representing all the
counties except Scott and Clinton. General A. C. Dodge
was renominated for the office of delegate to Congress, and
OF HISTORY AND POLITICS 515
plans were made for an aggressive campaign. In the elec-
tion that followed the Democratic candidate was successful
by a majority of 513.
Our present political machines, which work so perfectly
and effectually, are the evolutionary product of this early
organization. The mechanism has remained the same.
The form of the organization is unchanged, but its spirit
and methods are entirely different. The evolution which
has gone on has not resulted in the invention of new
machinery, but in the perfection of that which already
existed. This evolution, of course, was more rapid in the
older counties. In the newer counties the work of organi-
zation gradually developed as the population increased and
the importance of the local political units became greater.
But in none of the counties was the organization made com-
plete from the first. The work of establishing the county
machine, with all its representatives in every township and
school district, was slow, and for many years was attended
with only partial success.
The institutional party was brought to Iowa by the
first settlers, and the first organizations were due to their
instinctive desire for party association and for affiliation
with the parties in the States from which they had come.
But as the Territory developed and the time drew near for
her admission into the Union, the interest of each party
in its organization was greatly intensified by the further
desire to see the new State organized under its own super-
vision, and the policy of the new Commonwealth under its
own control. The struggle over the question of holding a
State constitutional convention, and the difficulty of secur-
516 THE IOWA JOURNAL
ing the adoption of the Constitution after the admission of
the State had been agreed to, were largely due to this con-
test for party supremacy. The tightening of party lines
and attempts at party discipline were the natural result. A
great impetus was given to the work of organization in both
parties.
The advent of the slavery question into Iowa politics gave
a second and even greater impetus to party activity. Al-
though it meant, eventually, the division of one party and
the dissolution of the other no change in the form of their
organizations was due to its introduction. The Democratic
party was inclined to be pro-slavery in its sympathies
although many of its members were opposed to slavery ex-
tension and united with the Whigs in 1856 to organize the
new Republican party. The Whigs were largely anti-
slavery men, and, as the interest in the subject grew, were
able to increase their strength until, in 1854, under the
leadership of James W. Grimes they for the first time
elected their State ticket. Opposition to Douglas's Ne-
braska Bill was the keynote of this campaign, and carried
the State for the Whigs by nearly two thousand majority.
The following year, with a total vote which had been in-
creased by only five hundred, they were able to carry the
State a second time by a majority greater by three thousand
than that of 1854.
During these two years a new alignment of the parties
was being made in most of the northern States. The op-
ponents of slavery extension were coming together upon
this single issue and organizing the Republican party to
make their opposition effective. This movement met with
OF HISTORY AND POLITICS 517
a cordial response from the anti-slavery people of Iowa.
Immediately after the election of 1855 the plans for the
organization of the Republican party were made, and by the
first of the next year the time was ripe for a public an-
nouncement. In the issue of January 14, 1856, of the
Muscatine Journal is found the following call which was
written by Governor Grimes, although that fact was not
made known at the time.1
To THE CITIZENS or IOWA.
Believing that a large majority of the people of Iowa are opposed
to the political principles of the present administration, and to the
introduction of slavery into the territory now free, and also that
made free by the compromise of 1820; and that the party, styling
itself the "Democratic party," are striving to make slavery a great
national institution, contrary to the principles laid down in the
Declaration of Independence and the Constitution, as taught by the
fathers of the Republic; we would call upon all such free citizens to
meet in convention, at Iowa City on the 22nd of February, for the
purpose of organizing a Republican party, to make common cause
with a similar party already formed in several other states of the
Union.
Jan. 3rd, 1856. MANY CITIZENS.
The other Whig papers published the call, and at once
the work of organization began in all parts of the State.
1 In the same issue of the Muscatine Journal is found this editorial
comment upon the call for the Republican convention. "Papers
friendly to the above call will give it a publication in their columns,
and urge upon their countrymen the importance of a representation
in said convention. It will hardly be expected that a large delega-
tion will be in attendance; but then, those who do go should be good
men and true." File of Muscatine Journal, in the library of the
Historical Department, Des Moines.
518 THE IOWA JOURNAL
Mass and delegate conventions were held in all the counties,
and representatives chosen to the Iowa City convention.
Great enthusiasm prevailed. Democrats of long standing
united with their old-time political opponents in this effort
against the extension of slavery into the territories. The
convention, which assembled on February 22, 1856, more
than satisfied the friends of the movement. The Muscatine
Journal speaks of it in these words:
It was the largest, most intelligent and enthusiastic ever convened
in the state. The old settlers who have attended all the political
conventions of the state since its organization, were unanimous in
the opinion above expressed. Democrats who thronged the lobbies
and aisles of the chamber during the session of the convention,
frankly admitted that it never had its equal in point of numbers or
ability in Iowa. We noticed one fact indicative of the character
of the newcomers to this state, that the ablest speeches were
delivered by those who have not resided within our borders over
two years. The "old stagers" who have heretofore controlled,
and we might say moulded, all the state conventions to suit them-
selves, found in this convention a growth of young giants who over-
powered them in many a well fought encounter and placed themselves
side by side with the best intellects of the state. This was a most
refreshing evidence of the sincerity of the mass. Every member of
the convention thought for himself, and subscribed to the dictation
of no other, and hence the honesty and integrity of the members,
and the value of their proceedings.
Four hundred delegates from all parts of the State were
in attendance. Philip Velie of Lee County was made chair-
man, and J. T. Lane, N. M. Hubbard, J. B. Stewart and
C. C. bourse were elected secretaries. Committees, con-
sisting of one member from each county — thirty -nine in all
OF HISTORY AND POLITICS 519
— were appointed to draw up resolutions and to choose
candidates for State officers, presidential electors, and dele-
gates to the national convention. Only one issue was con-
sidered in the resolutions as adopted — that of opposition to
slavery extension. In addition to the resolutions, there
was issued an address to the people prepared by a com-
mittee of which Hon. J. B. Grinnell was chairman and
Samuel J. Kirkwood and William M. Stone, future Gov-
ernors of the State, were members.
The organization adopted by the Republicans was the
same in form as that of the Democrats and Whigs. A
State Central Committee1 of five members was appointed.
A committee of five in each of the two Congressional dis-
tricts was chosen. County committees composed of repre-
sentatives from all the townships were organized. Mass
conventions were held, and every opportunity seized to
make clear the issues between the two parties.
This organization was as much institutional in its char-
acter as that of either of the two parties from which its
members were drawn. The instinct for organization was in
them as in the first settlers of the State and the experience
gained in the many heated contests between the Democrats
and the Whigs gave them a knowledge of practical politics
which was invaluable to them in the great campaign about
to be waged in the cause of liberty. Their great success in
this cause was due to the fact that their ability to use party
1 The members of this first Republican State Central Committee
were as follows: A. J. Stevens of Polk county; J. P. Grantham of
Henry; W. E. Miller of Johnson; John Casady of Poweshiek; and S.
M. Ballard of Audubon.
520 THE IOWA JOURNAL
organization was reinforced by a profound conviction upon
a great moral as well as upon a political question. To them
the fate of the Republic hung in the balance, and their zeal
for party supremacy was increased immeasurably by their
championship of human rights. Furthermore the move-
ment for the new party was a movement among the masses
of the people and not among the political leaders alone.
Otherwise it could not have developed into the great organic
party, which it now is.
As the summer of 1856 passed and the election day drew
near, the Republican organization became more efficient and
more complete, until, in the minds of its members, it was
almost irresistible. It won a sweeping victory in the elec-
tion, and proved in an effective manner its inherent power.
In the Dubuque Republican of November 26, 1856, is the
following statement which expresses in a few words the
feeling of the leaders of the new party:
The Republican party of Iowa is now fully organized, and holds
within its hands the destinies of the State. The Executive, Judici-
ary, and both branches of the legislature are Republican, and the
convention to revise the Constitution of the State has a strong work-
ing Republican majority.
The foregoing is a brief account of the beginnings of
party organization in Iowa. As has already been suggested,
our present great organizations are the outgrowth of these
early attempts at party management. There has been a
continuous development from that time to this. But this
development has not altered the outward form of the organ-
ization. The State, the congressional districts, the judicial
districts, the counties, and the townships are still the basis
* OF HISTORY AND POLITICS 521
of its existence. A division of labor among the respective
committees is still the rule of procedure. But the motive
that controls the organization, and the methods by which
its work is accomplished, are very different.
No greater mistake can be made by the student of this
question than to carry the present conceptions of party man-
agement and machine politics into his study of this early
period. The abnormal features of present day politics had
not then developed. The idea of a State Central Committee
practically controlling the policies of the State did not then
prevail. There was no conception of an all-powerful polit-
ical u machine" in our modern sense — an inner organization
whose interests are often, if not always antagonistic to those
of the great party it is supposed to represent. The party
system in this State at that time was the normal one. The
two great parties held within their ranks practically all the
people of the State. The voters in each party were in a
real sense members of its organization. There was no
organization apart from the great mass of voters. In fact
it was their organization, and theirs alone. The committees
were their representatives; the responsibilities of the cam-
paign were their burden; and its success was their glory.
To-day the situation is very different. The great mass of
voters have very little to say in determining the policies of
the parties; they have even less to say concerning their
management. The importance of the individual voter, ex-
cept as he counts on election day, has greatly diminished;
the importance of the party manager has greatly increased.
The change that has taken place since the Civil War is
illustrated by the difference in the manner of conducting the
522 THE IOWA JOURNAL
campaigns. In the early days there were no attempts at
regulating nominations by law. There was no primary
system, and at first few party rules to be observed. For
the first years anyone could stand as a candidate for any
office to which he aspired. Later the parties succeeded
almost entirely in preventing the candidacies of all except
the party nominees. Independent candidates became excep-
tional. But during all the time the campaign methods were
simplicity itself as compared with the complicated pro-
cedure of the present. The personal canvass made by the
candidates was the principal means of stirring party enthusi-
asm and of influencing public opinion. A joint debate be-
tween rival candidates occasionally enlivened a campaign.
No accurate knowledge of the party's strength could be
ascertained before the election. Except the circular letters
published in the newspapers the candidates made very little
use of campaign literature. A speech was sometimes printed
in pamphlet form, but this was rare. The public rally and
newspaper were the most successful and the most common
methods of reaching the people. The party committees
filled a subordinate place in the early campaigns. Their
principal work was to arrange for the necessary conventions ;
to prepare an occasional address to the people; and to assist
the different communities in effecting their local organiza-
tions. The brunt of the battle was met by the candidates
themselves, and the direction of the campaign was largely in
their hands.
Later years have made it necessary to surround the mak-
ing of nominations with legal restrictions. Nomination
papers must be filed with the Secretary of State. The print-
OF HISTORY AND POLITICS 523
ing and marking of ballots are regulated by law. Party
rules have become many. It is no longer possible for any
man to stand as a candidate. He must first gain the con-
sent of the party managers, and then secure the approval of
his party associates at their primary meetings. The part
which the party managers now take in making nominations
is very different from that which they took in the period
under discussion. Then, the committees were simply the
agents of the voters and had no more influence in determin-
ing the nomination of candidates than the rank and file.
Now, through the influence of patronage, contributions for
campaign expenses, allotment of campaign and public print-
ing, the selection of places for the holding of conventions,
and other means, the central committees are supreme, and
have it in their power to secure the nomination of almost
anyone whom they may wish to favor.
But the methods of conducting the campaign itself have
also greatly changed. The personal work of the candidates
is no longer the controlling factor in the campaign. Its
supervision is entirely in the hands of the State committee.
Vast sums of money are used each year to distribute great
quantities of campaign literature, and to hire campaign
speakers. Every ward and school district in the State has
its committeeman, and through him a thorough canvass is
made. In a few days' time the State committee can know
the party preference of every voter in the State. The work
progresses smoothly and quickly, each part of the machine
doing its own work and contributing its full share to the
final result. The influence of the machine is felt every-
where, and in fact is predominant in the politics of the
State.
524 THE IOWA JOURNAL
In this State, as in other States and in the nation as a
whole, this predominance of the party managers — the bosses
— furnishes the great problem in our politics. To some the
party boss is the natural product of the party system. To
others his existence is due to abnormal conditions and in-
fluences. To all his power is a source of danger and brings
home to the student of present day politics the need of
careful investigation into the source of this power — the
party organization.
That the party organizations have rendered service of
great value to the State and nation cannot be questioned.
In the early days of the State, when communication was
difficult and communities were jealous of one another, the
party organizations did more than any other cause to pre-
vent sectional feelings. They united the interests of the
people and brought them together in a common purpose
and a common task. And this influence has been at work
ever since. The fact that the great Democratic party never
became a sectional party during the dark days of the Re-
bellion, but remained in a true sense a national party, made
the task of bringing the North and the South into genuine
fellowship immeasurably easier than it otherwise would have
been. That the party organizations have also fostered evils
of the greatest consequence is equally true — a fact which
only emphasizes the importance of the subject, and makes
plain the duty of faithful study and a conscientious use of
the facts discovered.
JOHN W. GANNAWAY
GBINNKLL, IOWA
LOCAL TKADITION
Sir William Jones, in Ms noble poem, What Constitutes
a State, negatively exhausts the subject of statehood; but
there is one positive factor in the problem of commonwealth
making which is scarcely more than suggested in the poet's
splendid dream. True, "men, high-minded men," must
ever constitute the main element of strength in a state; but
the poet names only one — and that the least important — of
the two influences which together affect men in the aggre-
gate, namely: " Sovereign law, the State's elected will."
The other influence, more potent than statutes, too subtle to
be confined in a body of laws, too elusive to be found by
index, is the spirit which broods over community life and,
without show of force, compels the representatives of com-
munities and of the commonwealth to do or withhold, to
approve, to hold in abeyance, or to condemn.
For want of a better term, we call this elusive, subtle,
intangible, yet potent influence " Tradition" — not in the
ordinary sense in which that term is used, not in the sense
in which the folk-lorist uses it, but more nearly with the
meaning which Paul conveyed in his exhortation to the
Thessalonians that they hold the traditions which they had
been taught.
To illustrate. One community has a theological tradi-
tion with its accompanying virtues and possibly its narrow-
ing tendencies. Another has broadened out beyond mere
dogma and in the process has retained all its original respect
526 THE IOWA JOURNAL
and regard for religion but may have dangerously lapsed in
its judgments as to conduct. In one community temperance
means total abstinence; in another, it means moderate use.
One community is healthfully public -spirited, scattering and
yet increasing; another is wildly public-spirited, and bank-
rupt; in another the motto is "get and keep," and yet the
prevailing tendency is to want, and the getters and keepers
groan over "poor expenses." One aggregation of indi-
viduals and communities, called a State, in its influence upon
the nation is repressive. Its favorite maxim is "the world
is governed too much." Another, separated from the first
by only an imaginary line, bases its political philosophy
upon the lessons taught by the confederacy of 1777-81, out
of the confessed weakness of which grew the national idea.
One State accords to women every political and legal right
which men enjoy; another carries Paul's admonition still
further and lets the women keep silence in state as well as
church affairs. In one State the sale of intoxicants as bever-
ages is prohibited, on the ground that the greatest good to
the greatest number is thereby subserved. Just over the
line in another State, the licensed sale of liquor is every-
where sanctioned, and every assault upon the license sys-
tem is regarded as an attack upon personal liberty. In
every case the laws would be powerless but for that same
rarely mentioned but generally felt and recognized tradition
from which there would seem to be, and in a single lifetime
there generally is, no successful appeal. The term "public
opinion," though often used as a substitute for it, is not
synonymous, for public opinion is but the latest indicator
of a trend which has its beginning far back in the past.
OF HISTORY AND POLITICS 527
In every instance there is a starting point of character
and habits in the first settlers. Rough in manner and crude
in habits of thought as many of these pioneers were of
necessity, their potent spell is upon us; the strongest among
us feel it, and the wisest, after a brush of experience, cease
fighting it. Though these "rude forefathers of the hamlet"
lived and died in ignorance, or scorn, of the Socratic method
of reasoning with all the comparatively modern improve-
ments, and enjoyed a sublime confidence in those rational
instincts which we call intuitions, though we may pronounce
their vision short and its range narrow, yet the product of
their aggregated individual experiences as crystallized into
tradition is in many instances as irresistible as dialect, or
climate.
Hegel well terms this spirit "the latent germ of being,"
"the capacity or potentiality, striving to realize itself;"
"not of such a nature as to be tossed to and fro amid the
superficial clay of accidents, but rather the absolute arbiter
of things."
The German philosopher ranges history under three
heads: original history, reflective history, and philosoph-
ical history. But the reflective and the philosophical are
only two phases of history's aftergrowth. The philosophy
of history, with all kindred thought, is the leafing and flow-
ering of original history. The common source of all systems
of social philosophy is fact, and history is fact with gener-
alization drawn therefrom.
We do well to turn again and again to the history of the
Jews, the Greeks, the Romans, the Dutch, the Germans, the
French, the English. But we cannot unqualifiedly apply
528 THE IOWA JOURNAL
old-world experiences to new-world conditions. The genius
of old-world institutions, the trend of old-world traditions,
the very germs of old-world community life, are unlike ours.
The statesman's, the historian's, the journalist's parallel, if
not " deadly," is at least misleading and mischievous, unless
it be explained away so thoroughly as to be no parallel at
all.
Every people, every age, must be measured by itself
alone. The closest comparisons are at most but remote
approximations. Speaking with literal truth, they are not
comparisons at all. Like rival lines of railroad, their gen-
eral direction and destination are the same, but they wind
in and out and cross each other, one tunneling where another
goes round or climbs.
The wise philosopher of history, or student of social
science, will also differentiate one community, or one group
of communities from another. In fact, at every turn of
original investigation into the condition of society as he
finds it, and of states as they present themselves ready-made
for his inspection and study, the historiographer, or the
sociologist, is forced to establish and all along the line
maintain close and reliable connection with the original
sources of history, just as an invading army must establish
and maintain connection with its base of supplies.
JOHNSON BRIGHAM
THE STATE LIBRARY
DES MOINE8
SOME PUBLICATIONS
The Second Bank of the United States. By RALPH C. H. CAT-
TERALL. Chicago: The University of Chicago Press. 1903.
Pp. xiv, 538.
Students of political and economic history have generally agreed
that the failure to recharter the Second Bank of the United States
was a serious mistake. The judgments of the student and of the
man of public affairs may also coincide, but, even if they do, the
bases of the two judgments are necessarily widely divergent. It is
a violent tax upon the imagination to endeavor to conceive of Mr.
Jackson as a student of history, politics, economics, or anything else.
As a rule he did not possess one scintilla of accurate information
upon any subject which he undertook to discuss. But Jackson was
a man of practical affairs, and his opinions are entitled to respect on
this basis. Unfortunately Jackson was the idolized leader of a
vulgar and rampant democracy, flushed with victory and anxious to
make use of the opportunity now offered for the first time. In spite
of his rugged individuality Jackson was a creature of circumstances
and the most interesting features of his administration are the points
where he was compelled to offer reluctant testimony to this fact.
There were many who opposed the bank, some who supported it,
very few who understood it and appreciated it. The presidential
campaigns of 1832 and 1896 have many points in common. Even
now it is doubtful whether a United States bank would receive sup-
port in a national referendum. It is easy to speak of Jackson's mis-
take, but the speaker would most likely follow in Jackson's footsteps
if he were to try the experiment for himself under the same condi-
tions.
Mr. Catterall's book on The Second Bank of the United States is
eminently just in its treatment of Jackson in the light of his environ-
530 THE IOWA JOURNAL
ment. The author believes, as all students believe, that Jackson
made a mistake, but he does what never has been done before, he
explains Jackson's mistake. The volume is a rare combination of
the student's views with a most delicate appreciation of the circum-
stances of the time under discussion. Jackson was, even more than
Jefferson, strongly predisposed to entertain feelings of violent ani-
mosity toward anything which he could not understand. It is Mr.
Catterall's opinion that Jackson was hostile to the bank from the
very start, and that the well known occurrences, which are so often
recited as the original causes of Jackson's anti-bank feeling, simply
contributed to develop a feeling already in existence. The democ-
racy was opposed to the bank. Jackson was the leader of this
democracy. The impulses of the mob coincided with the predilec-
tions of the President. Hence the war on the bank. This war may
have been a blunder, but it was under the circumstances of the time
inevitable.
Mr. Catterall's volume is the first real history of the bank. The
need of such a volume was great, the opportunity presented itself,
and the man was not lacking. It is seldom that the opportunity and
the man are in such happy accord. The book is full of the marks of
superior scholarship, but nowhere is the evidence of the capacity for
original research more clearly shown than in the treatment of
Nicholas Biddle's letters and official papers which, for the most
part, see the light for the first time in this volume. Much light is
thrown upon the history of the bank, but it is not flashed in the eyes
of the reader in the offensive manner only too common among some,
who mar their discovery of real truth by the unpleasant panorama of
the discoverer.
Another feature of the work, which is especially noteworthy, is
the fact that the author is equally at home in the realms of political
history and economics. The author has mastered the principles of
public finance. The chapters which deal with the technicalities of
the bank are fully up to the high level of the chapters on the bank's
political history. This feature is more exceptional than it ought to
OF HISTORY AND POLITICS 531
be. There is still something to be said for the old-fashioned com-
bination of history and economics.
The volume shows the results of the most painstaking research.
Still more does it show the capacity to make judicious use of such
results. The author was gradually bringing this work to completion
during a period of nearly ten years. The final outcome is a new
departure in the study of the Jacksonian period in United States
history. A new view is given of the mutual relations of Jackson,
Biddle, and Clay.
The general effect of the volume is greatly enhanced by a good
index, by a bibliography which, in spite of its disclaimer of com-
pleteness, is far more exhaustive than any other on this period, and
by foot notes so full and frequent that the reader is able, if he so
wishes, to follow every step which the author has taken. The press
work on the volume is highly satisfactory. It is seldom that a vol-
ume appears, among the numerous contributions to American history,
which exhibits so many points of excellence and so few defects.
WILLIAM CRAIG WILCOX
THE STATE UNIVERSITY OF IOWA
IOWA CITY
A Beautiful Life and its Associations. By ANNA HOWELL CLARK-
SON. Illustrated. Autograph Edition. New York: Under the
auspices of the Historical Department of Iowa. 1903. Pp. 217.
This is a story of a rarely interesting personality. The subject,
Mrs. Drusilla Allen Stoddard, was born eighty-two years ago in
Western New York, and grew to womanhood under pioneer condi-
tions. These developed in her resourcefulness and self-reliance, and
with her heritage of good ancestry, good health, and keen intellect
made her the power for good which she has been and still is in the
world. Her final training in Mrs. Willard's famous school for girls
at Troy was followed by her marriage in 1847 to the Rev. Ira Joy
Stoddard and departure with him to their mission field in India. Of
532 THE IOWA JOURNAL
their successful work there, this short notice cannot speak. Because
of Mr. Stoddard's ill health, they came back with their three children
nine years later, and soon after — in 1858 — Mrs. Stoddard was called
to the principalship of the Ladies' Department of the newly organ-
ized Central College at Pella, Iowa. This is a Baptist school — one
of the oldest denominational schools in the State — and to this faith
— her husband's — Mrs. Stoddard was converted, though born and
brought up a Quaker. Here she labored for nearly twenty years
except when, in 1866, Mr. Stoddard's health being reestablished, the
call of India was too strong to be resisted and they went back for
three years more.
Returning, she took up her college work again. She taught — and
she was a most admirable teacher — but the greater value of her work
lay in what she was, in every way, to "my girls," as she fondly
called them. Coming, as many of them did, from country or small
village homes and narrow circumstances, this cultivated, gracious
woman was a revelation to them. Health, morals, manners, religious
training, all came within her province, and scores of letters from
former pupils bear grateful testimony to what they gained from her
care. Nor from girls alone. Men of high station write from various
parts of the country in appreciation of her work in the class room
and of the charming hospitality of her home.
Mrs. Clarkson has given a most life-like portrayal of Mrs. Stod-
dard's character and work, and her book is further enriched by
sketches of the other women and men whose self-sacrificing labors
made Central College what it is. The roll is too long to be called
here, but their names live in the hearts of the men and women they
trained. And in these days of ready-made universities and million
(or more) dollar donations to them one wonders if, after all, there
isn't much to be said in favor of the small colleges whose beginning
and growth through prayer and toil and sacrifice impress upon their
pupils the feeling that these, more than money, are the true values.
CKLIA A. M. CUKBIEB
IOWA CITY, IOWA
OF HISTORY AND POLITICS 533
Actual Government as Applied under American Conditions. By
ALBERT BUSHNELL HART. New York: Longmans, Green &
Co. 1903. Pp. xliv, 599.
This is, perhaps, the best general work on American government
which has appeared since James Bryce wrote The American Com-
monwealth. It is quite readable; but one does not get the impression
that its pages are simply printed " talks" or reprinted magazine
essays. It is filled with details and statistics; and yet it does not
read like an encyclopedia of political facts or the report of a govern-
ment bureau. It contains hundreds of references without being a
bibliographical wilderness. Although the volume is designed by its
author as a text for upper high-schools and colleges, it is certainly
more than a "text-book." It is a plain, simple, coherent description
of both the organization and the functions of American government.
Perhaps the most questionable statement in the whole book is
where the author, in the opening sentence of the preface, remarks
generously enough that there are already "many clear, well-thought,
and accurate text-books upon the government of the United States."
In writing Actual Government Professor Hart has five points of
view which are clearly set out in the preface. "First of all, the
American governmental system should be treated as a whole: state
government and the various phases of local government should come
in, not as after thoughts to the national system, but as integral parts
of one American government. The second necessity is to study the
actual workings of government: the text of constitutions and of
statutes is only the enveloping husk; the real kernel is that personal
interest and personal action which vitalizes the government
In the third place, a thorough text-book must discuss not only the
machinery of government but the operations of government; legis-
latures do not exist simply to be investigated by students, but to
express the public will that things be done; the functions of govern-
ment— such as the administration of justice, taxation, expenditure,
transportation, the maintenance of order — are more important than
the details of governmental organization In the fourth
534 THE IOWA JOURNAL
place the historical part of the book is not separated out from the
descriptive." Finally, Prof. Hart deems it proper "to prefix a
bibliography of the subject, as well as to insert classified references
at the heads of the chapters."
BENJ. F. SHAMBAUGH
THE STATE UNIVERSITY OF IOWA
IOWA CITY
The Organization and Control of Industrial Corporations. By
FRANK EDWARD HORACK. Philadelphia: C. F. Taylor. Equity
Series Vol. V, No. 4. University Edition, January, 1903.
Regular Edition, July, 1903. Pp. 207.
Probably no subject before the American people today is receiving
more discussion combined with as little clearness and understanding
as the subject of industrial corporations. As the author suggests
this is because these corporations affect us so vitally in their every
action and because their life as it exists at the present time is so
shielded by secrecy of administration. A necessity to the develop-
ment of our economic life, they have been granted every freedom
only to become a menace and peril. The recognition of the menace
on the part of the people and the readiness with which the political
parties have taken up the subject endangers the cool study and settle-
ment of the question; and in view of this fact the present study is
is the more interesting.
Dr. Horack has very wisely limited himself to the legal and polit-
ical phase of his study. It has been merely "to ascertain if the cry
of 'more publicity ' is warranted by the facts." A summary of the
chapters will perhaps show how well he has followed his purpose.
The introduction deals with the nature of a corporation and with the
source and development of corporation law. Chapter two compares
the various States with reference to the publicity and control of the
organization of corporations. Chapter three deals exclusively with
publicity, examines into its nature and content, discusses public and
private publicity and draws some interesting comparisons by referring
OF HISTORY AND POLITICS 535
to publicity in England, France, and Germany. Chapter four, on
the nature and status of foreign corporations gets to the heart of
.the matter by pointing out the fact that comparatively few corpor-
ations do business exclusively in the State in which they are organ-
ized, and very many, in fact the great majority, do no business in
their own State. The necessary evils resulting from such impossibility
to control and the competition on the part of States to secure the
revenue from such organizations should become as notorious as the
North Dakota divorce laws. In chapter five, the author occupies
only six pages in drawing up his conclusions which are moderate
and modestly, if decisively, stated.
Dr. Horack contends "that the present industrial development
has outgrown the legislation enacted for its regulation when indus-
tries were comparatively localized and that the granting of charters
'for revenue only' has not been and can not be productive of a sound
legal system. More publicity of organization and management is
necessary, "and such publicity can best be secured by legislation which
shall "be national in extent and uniform throughout the United
States. This can be obtained and made efficient only by giving
Congress power to create and dissolve corporations carrying on inter-
state trade, commerce or business." The State, if it stands true to
its real end, must look out for the welfare of its people, and in so
doing must insist that all fraudulent organizations be brought to
account. The impossibility of our States to secure protection against
corporations imposes upon the United States the great fundamental
duty, and if our Constitution does not grant Congress such power, it
ought so to do.
The book is a timely product of fertile thought produced by a
careful and long continued study of a subject difficult to handle, and
is to be commended for its simplicity and directness and for its
practical method of attacking the question.
HAKRY G. PLUM
THE STATE UNIVERSITY OF IOWA
IOWA CITY
536 THE IOWA JOURNAL
Proceedings of the Iowa Park and Forestry Association. Second
Annual Meeting, Des Moines, Iowa. December 8, 9, 10, 1902.
Iowa City, Iowa: Published by the Association. 1903. Pp.
xv, 143.
So runs the title page of a unique publication just from the press.
A cursory glance through its pages reveals much interesting matter
which readily fascinates the reader who is in any way enthusiastic
about trees, shrubs, or flowers.
On November 16, 1901, fourteen kindred spirits met at Ames and
perfected an organization to be known as The Iowa Park and For-
estry Association. The objects of such association as stated in the
constitution then adopted were: "to create an interest in, and to
encourage the establishment of parks; the beautifying of our cities,
the better care of cemeteries, the planting of trees in country homes
for aesthetic purposes as well as for the supply of timber for com-
merce; the proper utilization of our remaining timber, and to assist
in the inauguration of rational methods of forest management and
thus help in the protection of our wild game and song birds; the
creation of one or more State parks in the vicinity of our lakes and
streams; to encourage State and national legislation for rational
forest management, and the creation of more forest reserves." The
first officers were Prof. T. H. Macbride, president; Wesley Greene,
vice-president; Prof. L. H. Pammel, secretary; Silas Wilson, treas-
urer; and C. A. Hosier, Prof. H. C. Price, and Geo. H. Van Houten
members of the executive board. The other charter members were
J. L. Budd, A. T. Erwin, A. Hoffman, E. E. Little, G. F. Parker,
J. Sexton, and W. F. Thompson. The next meeting which is
known as the first annual meeting was held at Des Moines, December
10 and 11, 1901, when the membership was more than doubled. The
papers presented at this meeting were published in a neat illustrated
pamphlet of 80 pages.
In the volume of the proceedings of the second annual meeting
Prof. Macbride in his presidential address felicitates on the present
status of Iowa parks; Prof. Pammel writes on the progress of for-
OF HISTORY AND POLITICS 537
estry in the United States during the past year; H. C, Price gives
his idea on forestry and its effect on western climate; Prof. J. B.
Weems investigated dendro- chemistry; E. R. Hodson writes in-
structively on the farm wood -lot; A. T. Erwin idealizes on evergreens
for wind-breaks; Wm. H. Mast notes the progress of forestry and
the work of the bureau in Iowa; Franklin Brown gives the advan-
tages of the soft maple for the farmer's wood -lot; C. A. Hosier
shows his enthusiasm for trees and notes with displeasure the passing
of the forests and the past poor policy of the government; Elmer M.
Reeves studies the red cedar; J. C. Blumer gives the experience of
the government in forest planting in the sandhills of Nebraska;
Prof. B. Shimek contributes an entertaining article on the Iowa
oaks; Eugene Secor gives a readable article on one of Iowa's beauty
spots, a noted landscape view near Forest City, Iowa; Charlotte M.
King states what ought to be done in forest preservation in Iowa;
Frank H. Nutter gives directions for parks and public grounds for
small cities; G. H. Van Houten writes on community and individual
effort in tree planting; Henry Lau entertains us with hardy shrubs
and herbaceous plants; D. L. Sheldon gives civic improvement for
small cities; J. T. D. Fulrner gives a short essay on city parks;
Albert Duebendorfer contrasts the elm and other shade trees; E. E.
Little shows the advantages of the beautifying and utilizing of rail-
road grounds; and W. A. Burnap closes with sensible advice on
street trees and parkings.
The book is well edited, the articles are all good, the paper and
press work, save the illustrations, some of which are not clear, are
all that need be desired. The publication as a whole reflects credit
upon the organization which sends it forth.
T. J. FITZPATBICK
IOWA CITY, IOWA
538 THE IOWA JOURNAL
The Political Ideas of Modern Japan. By KAKL KIYOSHI KAWA-
KAMI. Iowa City: The University of Iowa Press. 1903.
Studies in Sociology, Economics, Politics, and History. Vol.
II, No. 2. Pp. 208.
Mr. Kawakami's study of the Political Ideas of Modern Japan was
prepared and submitted as a master's thesis in the Department of
Political Science of the State University of Iowa during his incum-
bency of a fellowship in the Iowa School of Political and Social
Science in the academic year 1901—02. It may safely be recommended
to the general reader as well as to the special student as an attractive
and original presentation of the manner in which "western political
ideas have been developed in Japan, what ideas have been accepted,
modified, discarded, or misunderstood, and whether these ideas have
had a wholesome or unwholesome growth" (Preface, p. vi).
In sketching the origin of the Japanese nation Mr. Kawakami
ventures to state some reasons for believing that the Japanese people
have an intermixture of Aryan blood. He maintains, however, that
the Japanese are predominantly oriental and that they are destined
to be the dominant power in the forward movement of the Orient.
The author is particularly happy in his lucid explanation of the con-
tact of the eastern mind with western thought and his clear-sighted
delineation of the influence of religions upon the development of
political ideas in Japan.
This study has secured the distinction of being reprinted in Japan
within four months after its publication by the State University of
Iowa. The Japanese edition, which contains an " editor's note" by
Isoh Yamagata, is published at Tokyo by the proprietor of the
Shokwabo.
ISAAC A. Loos
THE STATE UNIVERSITY OF IOWA
IOWA CITY
OF HISTORY AND POLITICS 539
Early Political Machinery in the United States. By GEORGE D.
LUETSCHER. Philadelphia. 1903. Pp. 1(60.
This very interesting and valuable monograph was presented to
the faculty of Philosophy of the University of Pennsylvania in par-
tial fulfillment of the requirements of that University for the degree
of Doctor of Philosophy. Through its publication Dr. Luetscher
has made a valuable contribution to the early history of political
parties in the United States. Dealing with the period of their
organization at the close of Washington's administration, when
property qualifications for suffrage disfranchised more than one -half
of the male population above twenty -one years of age, he carefully
traces the abolition of these qualifications, the formation of new elec-
tion districts, and the consequent increase in the ballots cast.
The origin and workings of the Democratic societies as an oppo-
sition party to the Federalists is perhaps the most interesting chapter.
Dr. Luetscher's thesis deals with a subject that is most difficult to
treat for the period covered. The paucity of material, such as
official election returns, has given the author the laborious task of
searching the newspaper files of this period. Four well constructed
maps giving a graphic representation of the encroachment of the
Republican party upon the Federal area from 1788 to 1804 add much
to the value of the monograph.
FRANK EDWARD HORACK
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Democracy and the Organization of Political Parties. By M. OSTRO-
GORSKI. Translated from the French by Frederick Clarke.
Preface by the Right fc Honorable James Bryce. New York:
The Macmillan Co. 1902. Vols. I, II. Pp. Iviii, xliii, 627,
793.
It is clearly evident that the emphasis in the study of what James
Bryce says « * is beginning to be called political science " has shifted
from a consideration of the organization of government to a dis-
540 THE IOWA JOURNAL
cussion of the administration and the actual workings of government.
Thus, the study of this new science of Politics enters upon a third
stage of development.
The first stage was characterized by the predominance of the his-
torical. Indeed so strongly was the emphasis placed upon the history
of government by such men as Freeman, Stubbs, and Seeley, that
the motto of students of political science for a time was: " History
is past Politics, and Politics is present History."
The history of government proved to be a fertile field for political
investigation. Nevertheless it was not long before the chief interest
in the study of Political Science shifted from the history of govern-
ment to the organization of government. The study of political
organization through Comparative Constitutional Law represents the
second stage in the recent development of Political Science. Burgess,
Boutmy, Dicey, and Cooley are typical exponents of this second
stage. To the third stage, which is characterized by literature on
administration and political parties, belongs the work of M. Ostro-
gorski.
Democracy and Political Parties is a work to which M. Ostrogorski
has devoted fifteen years of labor. In his research he did not avoid
libraries and ignore the documents, but owing to the nature of the
investigation he gathered the greater part of his materials from real
life. Here he investigated minutely the workings of democratic
government. It is upon political forces rather than upon political
forms that he dwells throughout the two volumes; and he is con-
vinced that "the best way to study political forces is to study polit-
ical methods." He says that to really understand the character of
social action, its modes of procedure must be studied in the light of
the character of those who apply them, and of the social and political
conditions in which their wills are formed and manifested. It is
only in this sense that the investigation of political methods will
have, in addition to a philosophical value, a genuine practical value.
It is a study of the methods of democratic government conceived in
this spirit, a study of social and political psychology, based on
OF HISTORY AND POLITICS 541
observation, that I have tried to undertake, and it is that which is
the aim of this book."
M. Ostrogorski's field of observation is England and the United
States. And so volume one is devoted to political parties in England,
while volume two considers American phenomena. In his preface
Mr. Bryce mildly protests against the gloom with which the author
depicts the "Caucus " in England. It remains for American students
to enter a similar protest against the unquestionable pessimism which
fills the second volume. But it must be said that, notwithstanding
his gloomy picture, M. Ostrogorski has given us a singularly careful
and intelligent account of our political methods.
This work on Democracy and Political Parties is one that should
be found in every library which aims to collect political literature.
For students of political parties it is the most valuable book which
has yet appeared. It has throughout a tone of moral earnestness
which adds not a little to its merits.
BENJ. F. SHAMBAUGH
THE STATE UNIVERSITY OF IOWA
IOWA CITY
Campaigns and Battles of the Twelfth Regiment Iowa, Veteran Vol-
unteer Infantry, from Organization, September, 1861, to Muster-
out, January W, 1866. By Major DAVID W. REED. Evanston,
111.
The author of this life of a regiment, covering more than four
years of active service in the Civil War, is fortunate in having been,
from beginning to end, part of that life. He is further fortunate in
having been, for several years past, Secretary of the Shiloh National
Military Park Commission, which has put him in close touch with
prominent military men on both sides and has given him free access
to official records.
The author's style is strictly narrative but with sufficient "inci-
dent" to fix attention and enliven the story. Official documents are
used sparingly but sufficiently. Fifty pages are given to the battle
542 THE IOWA JOURNAL
of Shiloh, for the purpose of correcting history and doing justice to
men and regiments, suffering for more than forty years the injustice
of misrepresentation and falsehood. There is extant but one other as
full and complete account of that important battle as is given in this
history, and that account, just published by the Government, is by
the same author under the title, The Battle of Shiloh and the
Organizations Engaged. Major Reed is the best living authority
on that battle.
Another important battle fully described is that of Nashville, in
which the Twelfth took an active part, though it went into the fight
without a single commissioned company officer in command. Every
company was commanded by the ranking sergeant.
The author tells us that the Twelfth threw away its knapsacks
within a month after going into the field, and that it was ever after
in "light marching order;" that it was never called upon to do gar-
rison duty or provost -guard duty; that it never had a dress coat on
its back or white gloves on its hands — its * ' best " coat was the reg-
ulation "fatigue blouse." As a specimen of active service, it is
stated that the regiment, in two and one-half months, in 1864, cov-
ered by steamboat 722 miles, by rail 50 miles, and in marching 950
miles. On election day of that year (Nov. 8, 1864) the regiment
waded Osage river, in Missouri, waist-deep in ice-cold water, then
halted upon the bank to vote for President of the United States.
There were cast 210 votes — Lincoln, 190; McClellan, 20.
The regiment has to its credit seventeen pitched battles and
twelve skirmishes, and it was never repulsed. The story of its life
is plainly but simply and admirably told, though the work is marred
by poor proof-reading. There are two elaborate maps of the field of
Shiloh and several illustrations.
The edition is limited to 500 copies, is not copyrighted, is privately
printed, and is sold at the actual cost of printing ($2.00).
JOSEPH W. RICH
IOWA CITY, IOWA
NOTES AND COMMENT
In September (1903) the Twenty -fourth Biennial Report of the
State Historical Society of Iowa was submitted to the Governor of
the State. This report contains: (1) an historical sketch of the
Society; (2) a statement relative to the organization of the Society;
(3) the names of the officers and members; (4) a financial statement;
(5) an account of publications; (6) a statement relative to the library;
and (7) recommendations for additional support. The whole report
will be printed by the State, and in due time may be found in the
series of legislative documents for 1904.
Mr. Harold M. Bowman, writer of the article contained in this
number of THE IOWA JOURNAL OF HISTORY AND POLITICS on Prob-
lems in the Administration of Iowa is the author of a monograph
entitled The Administration of Iowa, A Study in Centralization.
The problems cursorily reviewed in the article, and others, are ex-
amined in detail in the monograph, where full references to sources
are given. A number of practical suggestions for alteration in
administrative organization and practice are also incorporated. The
Macmillan Company, New York, announce that the monograph will
be published in October, as Number 1 of Volume XVIII of the
Columbia Studies in History, Economics, and Public Law. Copies
are to be obtained from the Macmillan Company, or from Professor
E. R. A. Seligman, Columbia University, New York.
The fourth volume of The Messages and Proclamations of the
Governors of Iowa, which has just been issued by the State His-
torical Society of Iowa, contains the messages and proclamations of
Governor Cyrus Clay Carpenter (1872-1876), Governor Samuel
Jordan Kirkwood (third term, 1876-1877), and Governor Joshua
Giddings Newbold (1877-1878). This volume contains about four
hundred pages.
544 THE IOWA JOURNAL
The fifth volume of The Messages and Proclamations of the Gov-
ernors of Iowa , which is now in press, will cover the administrations
of John Henry Gear and Buren R. Sherman. The volume will
appear in December, 1903.
A very commendable undertaking is the Semi-Centennial Anni-
versary of the Founding of Grinnell (Iowa), which is to be celebrated
on May 18, 1904. Appropriate exercises have been arranged for
that day. The whole matter is in the hands of a general committee,
which has held several meetings and adopted general plans. Among
other things, the committee has named persons to prepare papers on
the different phases of the local history of the town of Grinnell.
These papers are to be permanently preserved as historical records in
the Stewart library. It is hoped that other towns and cities will
follow the example of Grinnell.
Dr. Duren J. H. Ward has recently investigated a number of Iowa
mounds. Some of the results of his work will probably be published
in the January, 1904, number of the IOWA JOURNAL OF HISTORY AND
POLITICS.
In an editorial in the March- April, 1903, American Antiquarian
an attempt is made "to so describe the relics which have been dis-
covered in the various portions of the Mississippi Valley, that the
reader may discover the unity and diversity which has prevailed
among the prehistoric populations, and gain a picture of the condi-
tion of each particular district in prehistoric times."
The program for 1903-1904 of the Pilgrim Chapter (Iowa City,
Iowa) of the Daughters of the American Revolution contains a
lecture on Early Iowa.
Chapter "E" of the P. E. O. (Iowa City, Iowa) has arranged a
program of Studies in the History of Iowa. The titles of the papers as
announced on the printed program for 1903-1904 are as follows: (1)
Life Among the Pioneers; (2) The Claim Laws; (3) The Territorial
OF HISTORY AND POLITICS 545
Governors; (4) The Constitutions of 1844-46, and Admission into the
Union; (5) The Capitals of Iowa; (6) James Wilson Grimes, the Op-
ponent of Slavery; (7) Samuel Jordan Kirkwood, the War Governor;
(8) Iowa Indians; (9) Black Hawk and Keokuk; (10) the Spirit Lake
Massacre; (11) The Indian Reservation at Tama; (12) Old John
Brown in Iowa; (13) The Iowa Band; (14) The Mormons in Iowa;
(15) The Colonies of Iowa; (16) Iowa's Contribution to Literature;
(17) Iowa's Contribution to Art; (18) Iowa of To-day. At the opening
meeting on September 25, Dr. B. F. Shambaugh gave an address on
The Opening of Iowa.
The legislature of the State of Missouri appropriated $5,000 for
the use of the State Historical Society of Missouri for the current
biennial period.
The Proceedings of the Neio Hampshire Historical Society, from
June 1899 to June 1902, being Pt. I of Vol. IV of the series, has
recently been published and distributed by the Society. The chief
contributions in this part are: (I) The Capture of Fort William
and Mary, by Prof. Charles L. Parsons; (2) The Life and Character
of Bishop Carlton Chase, by the Rt. Rev. W. W. Niles; (3) Nathan
Lord, by Professor John K. Lord; (4) The Scotch- Irish and Irish
Presbyterian Settlers of New Hampshire, by Hon. Gordon Wood-
bury.
It is gratifying to learn that the Abigail Adams Chapter of the
Daughters of the American Revolution has decided to devote the
year to marking the site of the old Ft. Des Moines.
"The old pioneer days are gone, with their roughness and their
hardship, their incredible toil and their wild half-savage romance.
But the need for the pioneer virtues remains the same as ever. The
peculiar frontier conditions have vanished; but the manliness and
stalwart hardihood of the frontiersmen can be given even freer scope
under the conditions surrounding the complex industrialism of the
present day." — Pres. Roosevelt in St. Louis address, April 30, 1903.
546 THE IOWA JOURNAL
At the encampment of the Iowa Department of the Grand Army
of the Republic, which was held at Cedar Rapids in May, 1903, the
following were among the resolutions passed:
That we commend to the Governor and General Assembly of Iowa and to our
delegation in Congress, the justice of placing at an early date suitable memorial
statues of Iowa's colossal old war Governor, Samuel J. Kirkwood, in the capitols
at Des Moines and Washington.
That a committee on legislation be appointed by this department to secure the
early adoption of a law providing for the preparation and publication of a com-
plete and permanent personal register, by military organizations, of all Iowa
soldiers in the Civil War, also of all other resident veterans, and such other legis-
lation as will give veterans preferred rights in official positions, and secure justice
to all survivors of the great war, and promote the interests of this department.
Six lectures on The Industrial Revolution have been scheduled for
the extension course at Cedar Rapids, Iowa, for January and Febru-
ary, 1904. The lectures will be given by Professor Isaac A. Loos
who is a member of the Board of Curators and Vice -President of the
State Historical Society of Iowa.
Professor Jesse Macy of Iowa College, Grinnell, Iowa, has been
granted a leave of absence and will spend the year in Washington,
D. C.
A Beardshear Memorial Volume has been announced. The object
of the committee having charge of the volume is to produce a book
which will contain some of the best things which the late Dr.
Beardshear, President of the State Agricultural College at Ames,
Iowa, produced during his active career in Iowa. Subscribers will
be charged one dollar for the volume. Mr. Herman Knapp, Ames,
Iowa, has charge of the subscription list.
The Ohio State Archaeological and Historical Society has recently
issued an index "supplement to vol. xi," which covers the subjects
and contents of the first ten volumes of the "annual publications" of
the Society and the July and October numbers of the Ohio Archceo-
logical and Historical Quarterly.
OF HISTORY AND POLITICS 547
To the April number of the Iowa Medical Journal, Professor F.
I. Herriott contributed an article on Death Returns in Iowa's Cities
and the Profession. This was followed in the May and April num-
bers by articles on Vital Statistics.
The State Historical Society of Iowa has received from Mr. J. W.
Dean, of Chapel Hill, Missouri, files of New York and Missouri
newspapers of the early part of the 19th century.
In the Annals of Iowa for April, 1903, there are two interesting
articles which contain reminiscences of pioneer life. These are
Coming into Iowa in 1837, by George C. Duffield, and Pioneer Pro-
tection from Horse Thieves, by James E. Parker. An Iowa Fugitive
Slave Case is a reprint of a pamphlet published by George Frazee.
It contains a full report of a fugitive slave case which was heard and
decided in the District Court of the United States for the southern
district of Iowa in 1850. The July Annals contains an article by
Charles A. Clark on Indians of Iowa, an account of the Icarian Com-
munity, by Charles Gray, a biographical sketch of the Rev. J. A. M.
Pelamourgues, by Rev. J. F. Kempker, and a discussion of Pub-
licity in our Local Finance, by Dr. F. I. Herriott.
A valuable contribution to State history is Dr. Charles Clinton
Weaver's monograph on Internal Improvements in North Carolina
Previous to 1860, which appears as numbers 3 and 4 of Series XXI of
the John Hopkins University Studies in Historical and Political Science.
Several important additions have recently been made to the library
of the State Historical Society of Iowa. Among the most valuable
are 294 volumes of laws of the Northwest Territory, Ohio, Michigan,
and Indiana. Other accessions are State publications of Pennsyl-
vania and Alabama received from the Pennsylvania State Library
and the Alabama Department of Archives and History, and 92 vol-
umes of Ohio State publications.
An unusually interesting and valuable article on Chancellor Kent
appears in the April number of the Columbia Law Review. The
548 THE IOWA JOURNAL
author of this article is John F. Dillon, formerly of the Iowa bar
and at one time Chief Justice of the Supreme Court of Iowa. In
comparing Kent and Marshall the author says:
"The two great figures eminent over all in our early constitutional, judicial
and legal history are those of John Marshall and James Kent. I said early
history, and this is true; and it is largely true that their pre-eminence remains
down to the present:
Chancellor Kent has as strong a title as Chief Justice Marshall to the profes
sional and public regard, gratitude and veneration for his genius, character and
labors. Marshall's field was the development of the Constitution of the United
States; Kent's was the field of general jurisprudence, and in this he rendered
services, throughout a judicial career extending from 1798 to 1823, which are
inferior in value and importance to Marshall's only, if at all, because the develop-
ment and adaptation of the system of jurisprudence from the English principles
and models may be regarded as less vital and important than the work of ex-
pounding and developing the principles of the Constitution of the Union."
Professor W. C. Wilcox, member of the Board of Curators of the
State Historical Society of Iowa, is scheduled to give university
extension lectures as follows : The Six Great Powers and the Eastern
Question, Clear Lake, Iowa, Oct. 2, 1903; The Possible Solutions of
the Eastern Question, Clear Lake, Iowa, Oct. 16, 1903; The Struggle
for Race Supremacy, Garner, Iowa, Oct. 3, 1903; The Crisis in the
Inevitable Conflict, Garner, Iowa, Oct. 15, 1903; The Manifest Des-
tiny of the United States, Marshalltown, Iowa, Dec. 10, 1903; Henry
Clay, the Leader of the Whig Party, Morrison, 111., Oct. 9, 1903;
Daniel Webster, the Expounder of the Constitution, Morrison, 111.,
Oct. 23, 1903; Stephen A. Douglas, the Advocate of Squatter Sover-
eignty, Morrison, 111., Nov. 6, 1903; Horace Greeley, the Prince of
American Journalism, Morrison, 111., Nov. 20, 1903; Samuel J.
Tilden, the Statesman of the Democratic Party, Morrison, 111. , Dec.
4, 1903; James G. Blaine, the Statesman of the Hepublican Party,
Morrison, 111, Dec. 18, 1903; The History of the Eastern Question,
Davenport, Iowa, Oct. 10, 1903; The Eastern Question in Europe,
Davenport, Iowa, Oct. 24, 1903; The Eastern Question in Asia,
Davenport, Iowa, Nov. 7, 1903; The Eastern Question in Africa,
OF HISTORY AND POLITICS 549
Davenport, Iowa, Nov. 21, 1903; The Six Great Powers and the
Eastern Question, Davenport, Iowa, Dec. 5, 1903; The Possible
Solutions of the Eastern Question, Davenport, Iowa, Dec. 19, 1903.
The Work of the State Historical Society of Iowa is the subject of
a paper on the program of the Marshalltowjj meeting of the Iowa
Library Association.
A contribution to comparative State legislation has recently ap-
peared in a monograph on The Organization and Control of Indus
trial Corporations by Dr. F. E. Horack, the Secretary of the State
Historical Society of Iowa.
In all probability there will be in connection with the Iowa exhibit
at the St. Louis Exposition some representation of the contributions
made by Iowa to local and State history. The Iowa Commission
now have the matter under advisement.
Mr. Barry Gilbert, who has recently been appointed Professor of
Law in the Law College of the State University of Iowa, was born
in Cairo, Illinois, May 16, 1876. He is a graduate of both the Col-
lege of Liberal Arts and the School of Law of Northwestern Uni-
versity; and he has practiced law in Cedar Rapids, Iowa. Mr.
Gilbert has contributed the following articles: (1) Laic of the Inde-
pendent Contractor in Illinois; (2) The Law of Track Elevation in
Iowa; and (3) Right of Asylum in U. S. Legations.
The grave of Timothy Brown, a soldier of the American Revolu-
tion, has recently been located at Washington, Iowa. The remains
have been removed and are in the custody of "The Timothy Brown
American Revolution Memorial Association." This memorial asso-
ciation now proposes to erect a suitable monument to the memory of
the Revolution patriot. The work of marking the graves of soldiers
of the Revolution buried in Iowa has been very much encouraged by
the Sons of the American Revolution and by the Daughters of the
American Revolution in the State.
550 THE IOWA JOURNAL
D. Appleton & Co. have recently published a volume of 387 pages
on Trust Finance — a Study of the Genesis, Organization, and Man-
agement of Industrial Corporations. The author is Dr. Edward S.
Meade of the University of Pennsylvania.
During the biennial period from July 1, 1901, to June 30, 1903,
approximately 4,149 volumes have been added to the library of the
State Historical Society of Iowa. Of this number 3,484 were ob-
tained through gift and exchange, and 665 through purchase.
Volume I of Collections of the Illinois State Historical Library
has recently been issued by the Board of Trustees. The book, which
is edited and annotated by Hiram W. Beckwith, President of the
Board, contains documents and papers relative to the early history of
Illinois and the Northwest.
Mr. T. J. Fitzpatrick has resigned his position in the Iowa City
High School to accept the editorship of the Esthermlle Enterprise.
His Bibliography of the Scientific Literature of Iowa, which will
make a pamphlet of about 200 pages, will soon be published by the
State Historical Society of Iowa.
On September 17, 1903, a monument, erected and dedicated to the
memory of Charles Shepherd, a soldier of the Revolutionary War, was
unveiled at Mt. Pleasant, Iowa. The inscription on the monument
reads: "Charles Shepherd, a Soldier of the Revolution. Born Dec.
25, 1763. Died Sept. 1845. Served four years five and one-half
months. Was in the Battles of Brandywine and Germantown. Was
buried on the NE \ SE£ of Section 17, Twp. 72 N. R. 7 W.
Erected by the State of Iowa aided by McFarland Post, G. A. R.
and the D. A. R. Pro Patria Dulce Et Decorum Est." The special
appropriation made by the Twenty-ninth General Assembly of Iowa
for the purpose of erecting this monument amounted to five hundred
dollars.
OF HISTORY AND POLITICS 551
Miss Harriet Wood, a member of the State Historical Society of
Iowa, has gone from the library of the State University of Iowa to
Cedar Rapids, Iowa, to take charge of the public library at that
place.
In his Company B of Davenport Mr. George Cram Cook has con-
tributed an unusually interesting and readable volume of 142 pages.
It was printed in 1899 for Company B by the Davenport Democrat
Co., Davenport, Iowa.
The following letter by Abraham Lincoln, which was published
for the first time in the January, 1903, number of the Pennsylvania
Magazine^ has an interesting bearing upon the political history of
Iowa.
HENRY O'CONNER, ESQ., SPRINGFIELD, Sept. 14, 1856.
Muscatine, Iowa.
Dear Sir:
Yours, inviting me to attend a mass meeting on the 23rd inst is received. It
would be very pleasant to shake hands with the Fremonters of Iowa, who have
led the van so splendidly, in this grand charge which we hope and believe will
end in a most glorious victory — All thanks, all honor to Iowa! ! But Iowa is out
of all danger, and it is no time for us, when the battle still rages, to pay holy -day
visits to Iowa — I am sure you will excuse me for remaining in Illinois, where
much hard work is still to be done — Yours very truly
A. LINCOLN.
The following is the letter of acceptance written by James W.
Grimes on the occasion of his election to the office of President of
the State Historical Society of Iowa in 1857. Mr. Grimes was the
first President of this Society.
IOWA CITY, Feb. 28th, 1857.
My dear Sir: —
I have received your note informing me that I have been elected President of
the Iowa State Historical Society.
I accept the position which the partiality of the Society has assigned to me.
It will be my pleasure, as I believe it will be my duty, to do whatever may be
in my power to promote the objects of the association.
Your obdt servt
KEV. C. BILLINGS SMITH JAMES W. GRIMES.
Secty. &c
CONTKIBUTORS
HAROLD MARTIN BOWMAN. Member of the bar. Born in
Des Moines, Iowa, January 17, 1876. From the University of
Michigan he received the degree LL. B. in 1899, and A. M. in
1901. During the year 1902-1903 he was University Fellow in
Administrative Law at Columbia University, New York. Author
of Iowa Board of Control, and The Administration of Iowa, A
Study in Centralization. Compiler, for the Interstate Com-
merce Commission, of A Twelve- Year Survey of State Railroad
Taxation.
EMLIN McCLAiN. One of the Justices of the Supreme Court
of Iowa. Born in Salem, Ohio, November 26, 1851. Gradu-
ated from the State University of Iowa. He was Chancellor of
the Law Department of the State University of Iowa from 1890
to 1901. Author of Digest of Iowa Reports; Annotated Code
and Statutes of Iowa (1888); Criminal Law; Cases on the Law
of Carriers; Cases on Constitutional Law; Article on Carriers
in Cyclopedia of Law and Procedure; etc.
JOHN W. GANN AWAY. Fellow in Political Science, University
of Wisconsin, Madison. Born at Pleasant Grove in Des Moines
County, Iowa, in 1877. Graduated from Iowa College in 1902.
Received the degree of Master of Arts from Iowa College in
1903.
JOHNSON BRIGHAM. State Librarian for Iowa. Des Moines.
(See IOWA JOURNAL OF HISTORY AND POLITICS for Jan., 1903).
AN INDEX
IOWA JOURNAL OF HISTORY AND POLITICS
VOLUME ONE
1903
INDEX TO ARTICLES
NOTE — The names of contributors of articles to the Iowa Journal of History
and Politics are printed in SMALL CAPITALS. The titles of books, articles, and
papers referred to are printed in italics.
Academy of Sciences, the Davenport,
work in anthropology of, 313, 315
Academy of Sciences, Iowa, bibliogra-
phy of publications of, for 1900-1901,
365
Adams County (Wisconsin), gerryman-
der case in, 277
Adams, John, 20
Adjutant-General (Iowa), bibliography
of publications of, for 1900-1901, 366
Administration of Iowa, Problems in
the, by HAROLD M. BOWMAN, 467
Administration, constructive work of
Governor of N. Y. in, 491
Administration (in Iowa), defects of,
490; delicacy of problems of, 490; of
charities and corrections, 476; of pub-
lic education, 470; of public finance,
482; of public health and safety, 480;
of State institutions, 478; State con-
trol of local, 483.
Administrative law, demand for non-
political study in, 491
Agricultural Department (Iowa), bibli-
ography of publications of, for 1900-
1901, 366.
Ainsworth, author of Becollections of a
Civil Engineer, 103
Akamsea (Arkansas), southermost point
reached by Marquette, 8, 9, 12
Aldrich, Hon. Charles, curator of the
Historical Department of Iowa, 83, 88
Allison, William B., vice-president of
State Historical Society of Iowa, 151.
Amana Society, history of the, 88, 89
American community, political char-
acter of, determined by history, 45
American government, equality of rep-
resentation a principle in, 309
American history, proper place for the
study of, in public schools, 154
American Insurance Company v. Can-
ter, decision of Marshall in the case
of, 464
American Municipalities, League of,
194
American Naturalist, 73
American political institutions, con-
trasted with British institutions, 19;
dominant idea of, 19
American State government, character-
istics of, 468
Amish Mennonites in Iowa, 151
Anglo-Saxon love for law, 434
Annals of Iowa, 72; 1st, 2nd, and 3rd
series of, 83; the first number of, 150;
war sketches in, 89; writers of anthro-
pology in, 313
Anthropological Academy of Iowa (pro-
posed), 327
Anthropological collections in Iowa,
315
Anthropological Instruction in Iowa, by
DUREN J. H. WARD, 312
Anthropology, a science without a place,
326; as a science, 47; definition of,
47; divisions of, 48; literature of,
326, 327; problems of, in America,
57; questions of, regarding Iowa, 65;
work of the Davenport Academy in,
70
Anthropology (in Iowa), academic in-
struction in, 316; courses of instruc-
tion in, in State University, 318, 322,
556
THE IOWA JOURNAL
in the State Normal School, 323, in
Drake University, 323, in Iowa Col-
lege, 324, in Cornell College, 324;
first college work in, 316; four leading
Iowa workers in, 313; proposed col-
lege course in, 327, 328; workers of
former years in, 312, 313, 314
Apportionment, mandatory provisions
of Wisconsin Constitution regarding,
303
Archaeology, American, 64; materials
for, in mounds, 57; Mound Builders'
works a problem in, 56; of Iowa, sum-
mary of the, by Frederick Starr, 71;
resources of, in the study of anthro-
pology, 47, 55
Archives Commission of the American
Historical Association, 128
Arizona, Pueblos of, 58
Articles of Confederation, location of
the power of interpretation under, 434
Aryans, 59
Assemblies, the Iowa General, early
work of, 86
Assembly of Iowa, General, bibliography
of publications of, for 1900-1901,
372; railroad policy of fifth, 86
Assessment, advantages of State, 486
Association, State Teachers, 476
Attorney-General (Iowa), bibliography
of publications of, for 1900-1901, 368
Auditor of State (Iowa), bibliography
of publications of, for 1900-1901, 368
Avery, Elizabeth H., author of Some
Fragments of Iowa History, 103
Bain, 51
Baltimore Reform League, 193
Bancroft, Geo., letter of, 152; member
of State Historical Society of Iowa,
152
Banks, State, political value of State
constitutional history in the study
of, 32
Bank of United States, the, case of
McCulloch v. Maryland in regard to,
453; case of Osborne v. United States
Bank, bearing upon, 456; chartering
of, 452; taxing of, in Maryland, 453
Bar Association, State, in conference
with the League of Iowa Municipali-
ties, 202
Barris, 70
Benton, Thomas H., Jr., curator of the
State Historical Society of Iowa, 162
Bibliography of Iowa Antiquities, by
Frederick Starr, 68
Bibliography of Iowa State Publications
for 1900 and 1901, A, by MARGARET
BUDINGTON, 362
Bibliography of State publications, de-
sirability of a, 363; difficulties of
compiling a, 363
Black Hawk, Life of, by Benjamin
Drake, 82
Black Hawk, 60; character of, 61-62;
sale of land resented by, 61; war with,
54, 61, 63
Black Hawk Purchase, the, 54; polit-
ical instincts of early settlers of, 496
Blair, Francis P., and the Hampton
Roads Conference, 213, 215, 216, 217,
218, 219, 223
Bloody Run, alleged landing place of
Joliet and Marquette, 3
Board of Control of State Institutions,
bibliography of publications of, for
1900-1901, 370; powers of, 476, 479;
success of, 479
Board of Educational Examiners in
Iowa, 474, 475
Board of Equalization, State, in Iowa,
487
Board of Health, authority, creation,
and functions of, 481, 482
Board of Review, State, in Iowa, 486
Bowman, Harold Martin, biographical
note on, 552
BOWMAN, HAROLD M., Problems in the
Administration of Iowa, 467
BRIGHAM, JOHNSON, A General Survey
of the Literature of Iowa History, 77;
Local Tradition, 625
Brigham, Johnson, biographical note
on, 135
Brown v. Maryland, decision of Chief
Justice Marshall in the case of, 460;
OF HISTORY AND POLITICS
557
question involved in, 460; statement
of the case of, 460
Brown, John, in Iowa, 87
Brown, John, Among the Quakers, by
Irving B. Richman, 88
Bryant, William Cullen, member of
State Historical Society of Iowa, 152
Buchanan, President, 330
BUDINGTON, MARGARET, A Bibliography
of Iowa State Publications for 1900
and 1901, 362
Budington, Margaret, biographical note
on, 424
Bureau of Ethnology, 73
Byers, S. H. M., author of Iowa in War
Times, 90
California, Constitution of, a composite
instrument, 41; modelled after the
Iowa ( 1846 ) Constitution, 40
Calvin, Samuel, on the pleistocene in
Iowa, 49, 61
Cameron, Wm. E., account of Hampton
Roads Conference by, 213
Campbell, Judge, at Hampton Roads
Conference, 211, 212, 219, 225
Carney, Senator J. L., first bill for an
act to regulate primary elections in
Iowa introduced by, 174, 176
Carney bill for regulation of primary
elections in Iowa, 174, 176
Carpenter, Governor, 88
Carte Generale of 1681, by Franquelin,
4
Carte de la Louisiana, by Franquelin,
4,15
Cassady, P. M., curator of the State
Historical Society of Iowa, 152
Central Committee, State, first appoint-
ment of, by Democrats, 513, by Re-
publicans, 519, by Whigs, 610, mech-
anism of, 495; present power of, 521
Chambers, Governor John, treaty of,
with Sac and Fox Indians, 80
Chamberlin, student of geology in
Iowa, 51
Chandler, author of History and Civil
Government of Iowa and Iowa and
the Nation, 103
Chapman, W. W., first delegate to
Congress from Territory of Iowa, 602
Charities and Corrections, history of
administration of, in Iowa, 476, 479
Chase, Salmon P., 93
Chicago, Civic Federation of, 193
Chicago river, 9
Cities in Iowa, population of, 194;
problems of, 194
City Club of New York, 193
City Solicitors, State Association of,
200
Civic Federation of Chicago, 193
Civic Renaissance, 193
Civil elements in States, 18
Civil evolution, illustrated in organic
laws of the States, 26.
Civil organization preceded by work
of pioneers, 44
Claim Associations of Iowa, records of, «
as instructive as records of Plymouth
Colony, 44
Claim Association of Johnson County
(Iowa), Constitution and Records of
the, 151
Clarke, Wm. Penn, curator of the State
Historical Society of Iowa, 152
Clarke, George Rogers, march of, 160
Clarke, Governor, the last of the Iowa
Territorial Governors, 80
Coe College, first college work in an-
thropology done at, 316
Code Committee, Municipal, 202; duties
of, 204
Code Supplement of 1902, section 4919
a-b-c-d relative to illegal voting,
177, 178
Cohens v. Virginia, case of, decision of
Chief Justice Marshall in the, 461,
462
Collections, anthropological, in Iowa,
315
College for the Blind (Iowa), bibliog-
raphy of publications of, for 1900-
1901, 371
Colonels and Regiments, Iowa, by Stuart,
89
Colorado, Pueblos of, 58
558
THE IOWA JOURNAL
Columbus, Cortez, and De Soto, discov-
eries of, 52
Commissioners, School Fund, in Iowa,
473
Committee, State Central, mechanism
of, 495
Commonwealth, political sub-divisions
of the, 299; significance of public
education, public health, charities
and corrections, and public finance in
the, 489
Commonwealth Constitutions, intention
of framers of, 300
Compromise, the Missouri, 86
Compulsory State -wide primary elec-
tion measure, the first proposed, 179
Conaway & Shaw, publishers of Pro-
gressive Men of Iowa, 103
Confederation, Articles of, power of
interpretation under the, 433
Conference, The Hampton Roads, by
JOSEPH W. RICH, 209
Conference of Charities and Correc-
tions, fifth annual, 132
Confederate Government, Rise and Fall
of, by Jefferson Davis, 214
Congress, Iowa's number of seats in,
from 1838 to 1846, 334; in 1847, 335;
in 1862, 341; in 1872, 344; in 1882,
347; in 1902, 354
Congress, first delegate from Territory
of Iowa to, 502; qualifications of vot-
ers in territories prescribed by, 23;
statute of, providing for congressional
districting, 343
Congressional Districting in Iowa, by
PAUL S. PEIRCE, 334
Congressional Districting in Iowa, his-
tory of legislation on, 334; maps illus-
trative of, 355-361; the act of 1847,
835; the act of 1848, 337; the act of
1857, 338; the act of 1862, 339; the act
of 1872, 343; the act of 1882, 347; the
act of 1886, 351
Congressional Districts in Iowa, early,
inequality in size of, 341; number of,
in 1847, 335; number of, in 1862, 341;
number of, in 1872, 344; number of,
in 1882, 347; political complexion of
in 1872, 345; political complexion of,
in 1885, 354; population of, in 1880,
349
Congressional Globe, a text book for
James Harlan's biographer, 91, 98;
Iowa's attitude toward the slavery
question found in, 84; Iowa states-
men in, 91, 103
Constitution, British, contrasted with
American, 19
Constitution, English, Gladstone's de-
scription of, 428
Constitution of Iowa, adoption of, 79;
making and revision of 140; 141
Constitution of State, interpretation of,
297, 298; power of legislature limited
by, 296, 297, 298; power to district a
State restricted by, 299, 300; provi
sions of, mandatory, 298
Constitution of the United States, char-
acter of, 428; control of, over State leg-
islature, 286, 289; elasticity furnished
by judicial interpretation of, 432-436;
Gladstone's description of, 428; Mar-
shall on objects of 291 ; Marshall's pre-
eminent authority on construction of,
463; Marshall's interpretation of, in
cases of American Insurance Company
v. Canter, 464, Brown v. Maryland,
460, Cohens v. Virginia, 461, 462, Gib-
bons v. Ogden, 457-460, Marbury v.
Madison, 442, Martin v. Hunter's Les-
see, 461, 462, McCullochv. Maryland,
452, 456, 457; sovereign authority of,
431; Supreme Court's interpretation
of ,436,437; supreme excellence of, 432,
the supreme law of the land, 286, 290
Constitution of Wisconsin, intention of
makers of, 306
Constitutional Conventions of 1844 and
1846, Fragments of the Debates of the
Iowa,l>y Benjamin F. Shambaugh, 161
Constitutional Convention of 1857, 79
Constitutional history, value of, answer
to doubters of, 40
Constitutional history of the American
people, 18
OF HISTORY AND POLITICS
559
Constitutional interpretation, elasticity
furnished by, 432
Constitutional law, principle of, laid
down by Justice Cooley, 296
Constitutional View of the Late War
Between the States, A, by Alexander
H. Stephens, 214
Constitutions and Records of the Claim
Association of Johnson County (Iowa),
161
Constitutions, first State, 17, 19; follow
lines of migration, 40; of Atlantic
States not composite in character, 41
Constitutions of Iowa, History of, 78
Control, Board of, powers of, in Iowa,
476, 479; success of, in Iowa, 479
Conventions, State constitutional, con-
trolled by a political party, 39; dis-
cussion of negro suffrage in, 27, public
opinion reflected in debates of, 33
Cooley, Justice, principle of constitu-
tional law laid down by, 296, 297
Cornell College, courses of instruction
in anthropology and ethnology, 324
Corporations, a civil element in States,
18; first cry for control of, 31; polit-
ical value of State constitutional his-
tory in study of, 33
Crossley bill for an act providing for a
compulsory State-wide primary elec-
tion law introduced, 179; bill in full,
180-186
CROSSLEY, JAMES JUDSON, The Regula-
tion of Primary Elections by Law, 165
Crossley, James Judson, biographical
note on, 272
Curtis, George William, defense of
woman suffrage by, 30
Custodian of Public Buildings (Iowa),
bibliography of publications of, for
1900-1901, 371
Dablon, author of Jesuit Relations, 4, 10
Dairy Commissioner (Iowa), bibliogra-
phy of publications of, for 1900-1901,
371
Dairy Commissioner, State, power of,
482
Davenport Academy of Sciences, the,
70; work in anthropology of, 313, 315
Davenport, Past and Present, by Wilkie,
82
Davis, M. W., anthropological collec-
tions of, 315
Davis, Jefferson, at Hampton Roads
Conference, 215, 216, 217, 219, 230;
letter of, 217, 218; Rise and Fall of
the Confederate Government by, 214
Dean, Seth, anthropological collections
of, 315
Democracies, frontier, 159
Democracy, principles of pure, desire
to maintain the, 165
Democrat, Freesoil, 215
Democratic party, an institutional or-
ganization, 495, 496
Democratic party in lowa/copy of first
call for political convention of, 501;
first attempt at party organization
for whole Territory by, 506, 507, 512,
514; first candidates of, 502; first re-
port of committee on resolutions of,
503; first territorial convention of,
514; majority of, in 1840, 506, 507,
in 1841, 515; not a sectional party,
524; official organ of, 507; pro-slavery
sympathies of, 516; representation of,
in Congress in 1902, 354; success of,
at first election, 504
Democratic vote in Iowa, in 1862, 342;
in 1882, 350; in 1885, 353, 354; at-
tempt to divide, in 1878, 346
Des Moines, corruption of Moingonena,7
Des Moines river, as indicated on Mar-
quette's map, 14; as indicated on
Joliet's map, 15
Des Moines river, mouth of, alleged
landing place of Joliet and Mar-
quette, 3
De Soto, discoveries of, 52
Desplaines river, 9
Development of Party Organization in
Iowa, The, by JOHN W. GANNAWAY,
493
Dey, Peter A., president of State His-
torical Society of Iowa, 151
Die Deutschen von Iowa, by Joseph
Eiboeck, 102
560
THE IOWA JOURNAL OF
Dillon, John F., vice-president of State
Historical Society of Iowa, 151
Discoveries of Columbus, Cortez, and
De Soto, 52
District of Iowa, included in Territory
of Wisconsin, 497; representation of,
in Congress, 498
Districts, rural and urban, struggle of,
for control of State, 21
Documentary Material Relating to the
History of Iowa, by Benjamin F.
Shambaugh, 73, 151
Documents, United States, historical
value of, 362
Dodge, Senator, position of, on slavery
question, 84
Dodge, General A. C., Iowa delegate to
Congress, 506, 514
Dodge, Governor Henry, delegate to
Congress, 498
Douglas's Nebraska Bill, Iowa Whig
opposition to, 516
Drake, Benjamin, author of Life of
Black Hawk, 82
Drake University, courses in anthropol-
ogy and ethnology in, 323
Dred Scott case, error in decision of
Chief Justice Taney in, 451, 452
Dubuque, efforts to secure seat of ter-
ritorial government for, 503
Dubuque Republican, on organization
of Republican party in Iowa, 520
DuBuque Visitor, first newspaper in
the Iowa District, 498, 499, 500
Duncombe, J. F., curator of the State
Historical Society of Iowa, 152
Early bill for the regulation of primary
elections in Iowa, 174
Early Leaders in the Professions in the
Territory of Iowa, 82
Early man in Iowa, moral argument for
study of, 75; value of the study of , 73
Eaton, Hon. W. L., bill for an act to
prohibit illegal voting at primary
elections introduced in House by, 177
Eaton, Senator William, bill for an act
to prohibit illegal voting at primary
elections introduced by, 176
Eaton, Representative, bill for redis-
tricting in Iowa, introduced in House
by, 340
Educational Examiners, Board of Iowa,
474, 475
Education in Iowa, centralization in,
476; first superintendent of, 471; his-
tory of the administration of, 470-
476; regime of State Board of, 1858-
1863, 474; State control of, 474.
Eiboeck, Joseph, author of Die Deut-
schen von Iowa, 102
Election, measure for compulsory State-
wide primary, proposed, 179
Elections, primary, regulation of, 169-
172
Electors, participation of in govern-
ment a civil element in States, 18
Ellis, Edward S., author of The History
of our Country, 213
Emancipation proclamation, 227
Equalization, State Board of, ineffi-
ciency of, 487
Ethnology, American, 64; bureau of,
73; contributions of, to anthropol-
ogy, 47
Ethnology, courses of instruction in, in
State University of Iowa, 318, in the
State Normal School, 323, in Drake
University, 323, in Iowa College, 324,
in Cornell College, 324; proposed col-
lege courses in, 327, 328
European History, proper place for
study of, in public schools, 154
Evening Post, N. Y., Senator Grimes'
attitude in impeachment trial of
President Johnson quoted in, 333
Executive authority, in the States, 35;
political value of State constitutional
history in study of, 36; result of strug-
gle to define, 34
Executive Council (Iowa), bibliography
of publications of, for 1900-1901, 371
Farquharson, 70
Federal judiciary, Marshall's defini-
tion of the power of, 462
Federalist, Hamilton in the, 18; on
power of courts, 448; on relation
HISTORY AND POLITICS
561
between courts of justice and legis-
lative authority, 289, 290
Federal relations, a puzzle to foreign
students, 43; definition of, a civil
element in States, 18; understood by
a study of the "unwritten constitu-
tion," 42, 43
Federalists, swept out of office by elec-
tion of Jefferson to presidency, 427
Fessenden, 333
Fiji Islander, attitude of, toward peo-
ple of U. S., 59
Fish and Game Warden (Iowa), bibli-
ography of publications of, for 1900-
1901, 372
Foster, Senator, a bill to alter bound-
aries of Congressional districts by, 338
Fox, author of History of Political Par-
ties and National Reminiscences, 102
Fox river, 5
Fragments of the Debates of the Iowa
Constitutional Conventions of 1844
and 1846, by B. F. Shambaugh, 151
Franquelin, 4, 15
French fur traders, exploits of, in Wis-
consin, 161
Frontier Land Clubs or Claim Associa-
tions, notice of paper on, 126
Fulton, A. B., author of Red Men of
Iowa, 82
Gannaway, John W., biographical note
on, 552
GANNAWAY, JOHN W., The Development
of Party Organization in Iowa, 493
Gatch, Colonel, 88
Gazette and Advertiser, Territorial, an
early Iowa newspaper, 506; official
organ of Democratic party, 507
General Assembly (Iowa), bibliography
of publications of, for 1900-1901, 372
Geological Survey (Iowa), bibliog-
raphy of publications of, for 1900-
1901, 375; reports of, 51, 73
Geology, aid of, to anthropology, 55;
records of, in Iowa, 49; story of the
newer, 51; tertiary and quaternary,
sources of anthropological informa-
tion in, 47
Gerrymander, a violent solution of the
problem of representation, 21
Gerrymanders of 1891, 1892, The Wis-
consin, by FRANCIS NEWTON THORPE,
275
Gerrymanders of 1891 and 1892, Wis-
consin, 276; decision of the court in,
302-304; disfranchisement of one-
fifth of population by, 277; injunc-
tion to prevent an election in, 277;
intention of State constitution to
prevent, 306; political importance of
the case of, 288, 289, 304; question of
jurisdiction settled in, 292
Gibbons v. Ogden, case of, defining
State interference with interstate
commerce, 459; decision of Marshall
in, 459; statement of the case of,
458, 459
Gilmore, Professor, first college work
in anthropology done by, 316
Glimpses of Iowa, by John B. New-
hall, 83
Globe, Congressional, Iowa's attitude
toward the slavery question found
in, 84
Good Government Club of San Fran-
cisco, 193
Government, aids to our understand-
ing of the Commonwealth, 297; char-
acteristic of American State, 468;
complexity of American State, 468;
present problems of, 468; spheres of
local and State, 468; struggle for a
human basis for, 21
Governor ( Iowa ), bibliography of pub-
lications of, for 1900-1901, 378
Governor, State, growing authority and
responsibility of, 35
Grant, General, and the Hampton Roads
Conference, 219, 220, 221, 222, 230
Grant, President, Senator Harlan's de-
fence of, 99
Greeley, Horace, member of the State
Historical Society of Iowa, 152; sup-
port of woman's suffrage by, 30
Green Bay, 9
Greene, Justice, 87
562
THE IOWA JOURNAL
Grimes, James W., call for organiza-
tion of a Republican party in Iowa
by, 517; first president of State His-
torical Society of Iowa, 151; position
of, on the impeachment of President
Johnson, 93; protest of, against re-
peal of Missouri Compromise, 86, 92;
Whig candidate for Governor, 92
Grimes, James W., Life of, by William
Salter, 91
Grimes, Mrs. James W., account of in-
augural speech of Lincoln by, 330;
reference to death of Lincoln by,
331; reference to President Johnson's
views on reconstruction by, 331;
reference to Senator Grimes' attitude
in the impeachment trial of President
Johnson by, 332; tribute to Lincoln
by, 329
Grimes, Mrs. James W., Letters by, con-
tributed by E. M. NEALLEY, 329
Grinnell, J. B., author of Men and
Events, 97, 101; curator of the State
Historical Society of Iowa, 152
Grinnell, city of, 200
Gue, Lieut. Gov. B. F., author of His-
tory oflowafromthe Earliest of Times
Down to the Twentieth Century, 101
Gulf of Mexico in the tertiary epoch,
50
Haddock, William J., author of the
Prairies of Iowa and Novels and
Pictures, 128
Hamilton, Alexander, 18; compared to
John Marshall, 440; contributions to
our system of government by, 454; on
the power of the courts in Federalist,
448; on the relation between courts
of justice and the legislative author-
ity in Federalist, 289
Hammond, William G., president of
the State Historical Society of Iowa,
151
Hampton Roads Conference, the, a full
and accurate account of, 214; account
of, by Wm. E. Cameron, 213; Alex-
ander H. Stephens' account of, 222,
224, 226, 228; Alexander H. Stephens
at, 210, 211, 212, 213; chief spokes-
man of, 213; duration of, 212; Francis
P. Blair, Sr., at, 213; Gen. Grant and,
219, 220, 221; Hunter at, 212; in-
structions of President Lincoln to,
221; Jefferson Davis at, 216, 217;
Judge Campbell at, 211; letter of
commissioners of, 220; letter from
President Lincoln regarding, 218;
Senator Tillman's reference to, 209;
Senator Vest's reference to, 210, 211,
212
Hampton Roads Conference, The, by
JOSEPH W. RICH, 209
Harlan, James, defence of President
Grant by, 99; in favor of Constitu-
tion for Kansas, 85; vice-president
of the State Historical Society of
Iowa, 151
Harrison, 70
Harrison, Frederick, on history, 77
Harrison, William Henry, celebration
of election of, by Iowa Whigs, 508,
509
Harvard University, library of, 4
Hatton, Frank, 101
Uawkeye and Patriot, Burlington, offi-
cial organ of the Whig party, 507,
508
Hawk -Eye, The Burlington, 332
Health, Iowa State Board of, bibli-
ography of publications of, for 1900-
1901, 379
Healy Investigating Committee, im-
portance of report of, 478
Hegel, three classes of history dis-
tinguished by, 527
Historical Department of Iowa, 83;
anthropological collections of, 316;
bibliography of publications of, for
1900-1901, 379
Historical Lectures, Iowa, 151
Historical period of man, 57
Historical Record, Iowa, 73
Historical Society of Iowa, the State,
73— See State Historical Society
History, American, proper place for
the study of, in public schools, 154
OF HISTORY AND POLITICS
563
History and Politics, The Iowa Journal
of, 83
History, each State must preserve its
own, 44
History, European, proper place for
the study of, in public schools, 154
History, Hegel's three classes of, 527
History, State and local, an essential
supplement to national history, 157;
conduces to a love of country, 157;
important problems in national his-
tory studied through, 157, 159; in the
Mississippi Valley, 159; justification
of the study of, 154; pedagogical rea-
sons for the study of, 155; special
force in American history, 157;
worthy of special study, 153
History of Iowa, Documentary Material
Eelating to the, by Benjamin F. Sham-
baugh, 73, 151
History of Iowa, From the Earliest of
Times down to the Twentieth Century,
by B. F. Gue, 101
History of Iowa, Illustrated, by Tuttle
and Durrie, 102
History of our Country, The, by Ed-
ward S. Ellis, 213
History of Political Parties and Na-
tional Eeminiscences, by Fox, 102
History of the Constitutions of Iowa, by
Benjamin F. Shambaugh, 78
History of the Mississippi Valley, by
John W. Monette, 82
History of the Spirit Lake Massacre and
Captivity of Miss Abbie Gardner, 87
History of the State Historical Society
of Iowa, A Brief, by BENJAMIN F.
SHAMBAUGH, 139
History of the United States, by Schou-
ler, 214
History of the United States, Popular,
by Scribner, 214
Hobby, C. M., 82
Holmes, W. H., 68; an Iowa anthro-
pologist, 313
Honduras, pre - European people of, 58
Horack, Frank Edward, biographical
note on, 272
HORACK, FRANK EDWARD, The League
of Iowa Municipalities, 193
Horticultural Society (Iowa), bibliog-
raphy of publications of, for 1900-
1901, 380
House of Representatives (Iowa), bib-
liography of publications of, for
1900-1901, 381
Howe, S. S., editor of Annals of Iowa, 83
Huff, S. W., 83
Hunter, R. M. T., at the Hampton
Roads Conference, 212, 219, 225, 227,
228, 229
Hussey, Tacitus, 88
Icaria, by Dr. Albert Shaw, 88
Illegal voting, statute regarding pen-
alty for, 177
Illinois, admission of State of, 53;
country annexed to crown of France,
160; importance attached to fixing
the northern boundary of, 160; Mar-
quette and La Salle in, 160
Illinois Indians, Marquette's meeting
with the, 6, 7
Illinois river, mouth of, on Marquette's
map, 12
Illustrated History of Iowa, by Tuttle
and Durrie, 102
Indian names and reminders, 69
Indians, Algonquin, 57, 59; Cliff Dwell-
ers, 57, 58; Dakota, 57, 59; Illinois,
59; Iowa, 54, 59; Iroquois, 57; Mis-
souri, 54, 58; Muscatine, 59; Mus-
quakie, 64; Omaha, 54; Otoe, 54;
Puebloe, 57, 58; Sac and Fox, 54, 58,
59, 60, 62, 63; Sioux, 57, 58, 59
Indiana, admission of State of, 53
Industrial School for Girls at Mitchel-
ville (Iowa), bibliography of publi-
cations of, for 1900-1901, 381
Ingham, Captain William, 88
Institution for Feeble-Minded Children
(Iowa), bibliography of publications
of, for 1900-1901, 381
Institutional Beginnings in a Western
State, by Prof. Jesse Macy, 103
Institutions, administrative, of Iowa,
478
564
THE IOWA JOURNAL
Investigating Committee, Healy, im-
portance of report of, 478
Iowa, abolition of property qualifica-
tions for voters in, 20; admission of
State of, 54; as a possible human
habitat, 49; early Eskimoid type in,
56; evidences of antiquity of man in,
65; first application of the term, 53;
first white man in, 3; four leading
anthropologists in, 313; glaciations
within, 51; Indian sale of land in,
54; John Brown in, 87; legislature of,
opposed to slavery, 85; mounds in,
64; Mound Builder period in, 56;
maps showing mounds in, 64; Negro
suffrage in, 25; original counties of,
63; marvelous growth of population
of, from 1850 to 1860, 339; questions
of anthropology regarding, 55; recent
geological history in, 49; struggle to
abolish property qualifications in,
20; value of the, study of early man
in, 73; workers of former years in
anthropology in, 312
Iowa, A Brief History of the State His-
torical Society of, by BENJAMIN F.
SHAMBAUGH, 139
Iowa Academy of Sciences, publica-
tions of the, 73
Iowa Academy of Sciences, Proceedings
of the, 51, 68
Iowa, Amish Mennonites in, 151
Iowa and the Nation, by Chandler, 103
Iowa and the Rebellion, by L. D. Inger-
soll, 90
Iowa, Annals of, 51, 72, 83, 89, 150, 313
Iowa, Anthropological Instruction in,
by DUREN J. H. WARD, 312
Iowa Band, The, by Adams, 103
Iowa City, a Contribution to the Early
History of Iowa, by B. F. Shambaugh,
151
Iowa College, instruction in anthro-
pology in, 324
Iowa Colonels and Eegiments, by Stuart,
89
Iowa, Congressional Districting in, by
PAUL S. PEIRCE, 334
Iowa Constitution, a composite instru-
ment, 41
Iowa Constitution (1846), a model for
California, 40
Iowa Constitutional Conventions of 1844
and 1846, by B. F. Shurabaugh, 151
Iowa, District of, 53, 54; included in
Territory of Wisconsin, 497; repre-
sentation of, in Congress, 498
Iowa, Documentary Material Relating
to the History of, by B. F. Sham-
baugh, 151
Iowa, Glimpses of, by Newhall, 83
Iowa, Historical Department of, 83;
anthropological collection of, 316
Iowa Historical Lectures, 73
Iowa Historical Record, 73; successor of
Annals of Iowa, 83; war sketches in,
89
Iowa History, attitude of the students
of, 77; division of, into periods, 78;
the territorial period of, 78; the
pioneer period of, 84; the war and
reconstruction period of , 89; the con-
temporaneous period of, 103
Iowa, History and Civil Government of,
by Chandler, 103
Iowa, History and Civil Government of,
by Seerley and Parish, 103
Iowa History, Some Fragments of, by
Elizabeth H. Avery, 103
Iowa in War Times, by S. H. M. Byers,
90
Iowa Journal of History and Politics,
The, successor of the Iowa Historical
Record, 83
Iowa, Northern Border Brigade of 1862-
3, The, a contribution to the Indian
history of Iowa, by W. H. Ingham,
126
Iowa, Problems in theAdministration of,
by HAROLD M. BOWMAN, 467
Iowa, Progressive Men of, by Conaway
& Shaw, 103
Iowa, Red Men of, by Fulton, 82
Iowa river, the mouth of, the landing
place of Marquette and Joliet, 16; on
Marquette's map, 14
OF HISTORY AND POLITICS
565
Iowa, State Historical Society of, an-
thropological collection of, 316
Iowa, State University of, courses of
instruction in anthropology and eth-
nology in, 318-322
Iowa Territory, establishment of the,
505
Iowa, History of the Constitutions of, by
B. F. Shambaugh, 151
Iowa, Constitution and Records of the
Claim Association of Johnson County,
151
Iowa, the Development of Parti/ Organ-
ization in, by JOHN W. GANNAWAY,
493
Iowa, The Making of, by Sabin, 103
loway, the Indian form of Iowa, 53
Irish, John P., vice-president of the
State Historical Society of Iowa, 151
Jackson, President, confidence of Iowa
Democrats in, 503
James, Edmund J., biographical note
on, 271
JAMES, EDMUND J., State History in the
Public High Schools, 153
Jefferson, approval of Bank of U. S.
by, 453; contribution of, to our sys-
tem of government, 466; criticism of
the supporters of, in the case of Mar-
bury v. Madison, 445-447; Federal-
ists swept out of office by election
of, 427; opposition of supporters of,
to Marshall's decision in the case of
Marbury v. Madison, 445, 447, 451
Jesuit Mission of St. Francis Xavier, 9
Jesuit missionaries in Wisconsin, 161
Jesuit Relation, by Dablon, 4, 10
Johnson, Andrew, attempt to convict,
of high crimes and misdemeanors,
35; reference to views of, on recon-
struction, by Mrs. James W. Grimes,
331
Johnson County, Constitution and Rec-
ords of the Claim Association of, 151
Joliet and Marquette in Iowa, by LAENAS
GIFFORD WELD, 3
Joliet and Marquette, probable sites of
the landing of, 3, 12; route of, 6
Joliet, credit due, 13; death of two
companions of, 3; loss of papers of, 3;
maps by, 4; maps of Mississippi river
by, 14
Jones, Senator, position of, on the
slavery question, 84
Jones, Sir William, author of What
Constitutes a State, 525
Juarez, attitude of Confederacy to-
wards, 216
Judicial interpretation, defeat of pub-
lic will by, 485; elasticity of Consti-
tution due to, 433; factors in the ad-
ministration of public finance, 483,
489; John Marshall on, 436; objec-
tions to, 433; under the Articles of
Confederation, 433; under the Con-
stitution, 435
Judiciary, function of the, 301; inde-
pendence of, 291; in England, 286;
place and function of, in the United
States, 285; remarkable evolution of,
288
Judiciary, State, appointive system of,
36, 37; control of, 287; fallen into
power of party politics, 37; political
value of State constitutional history
in study of, 37
Kaskaskia, 160
Kasson, John A., 91; curator of the
State Historical Society of Iowa,
152
Keokuk, 12
Keokuk, Chief, 62; character of, 62;
and Black Hawk, 62
Kirkwood, Samuel J., entrance of, into
Washington (Iowa) with ox- team,
96; first appearance of, in politics, 95;
president of the State Historical So-
ciety, 151; Sherman hall speech of,
97; the Johnson County miller, 95;
troops raised by, 96; war messages of,
as Governor, 91
Kirkwood, Life and Times of, by La-
throp, 91
Labor Statistics, Bureau of (Iowa),
bibliography of publications of, for
1900-1901, 381
566
THE IOWA JOURNAL
La Chine, rapids of, Joliet's canoe
wrecked in, 3
Lake Michigan, Marquette's canoe on, 9
Lake Superior, indicated on Mar-
quette's map, 10
Land Department (Iowa), bibliography
of publications of, for 1900-1901, 382
Lang, Andrew, on history, 77
Langworthy, Lucien H., vice-presi-
dent of State Historical Society of
Iowa, 151
La Salle and Marquette in Illinois, 160
Lathrop, H. W., author of Life and
Times of Samuel J. Kirkwood, 91, 94
Law, primary election, the essential
elements of a good, 191
Laws of States, organic, 17
Laws of the Territory of Iowa as a
source of history, 80
Laws respecting congressional district-
ing in Iowa: — the act of 1847, 335; the
act of 1848, 337; the act of 1857, 338;
the act of 1862, 339; the act of 1872,
343; the act of 1882, 347; the act of
1886, 351
Lea, Lieut. Albert M., author of Notes
on Wisconsin Territory, 82; in Iowa,
53
League of Iowa Municipalities, The, by
FRANK EDWARD HORACK, 193
Lee County, alleged landing place of
Joliet and Marquette, 3
Lee, General, 219
Legislation, field of, early attempt to
limit the, 34; over, the misfortune
of the States, 34; value of history of
State, 34
Legislative power, derived from Con-
stitution, 301; distinguished from
political power, 299; extent of State,
299; not discretionary, 311
Legislature of Iowa opposed to the ex-
tension of slavery, 85
Lemoiliese Creek, alleged landing place
of Joliet and Marquette, 3
Letters by Mrs. James W. Grimes, con-
tributed by E. M. NEALLEY, 329
Leverett, 51
Library Commission (Iowa), bibliog-
raphy of publications of, for 1900-
1901, 382
Life and Times of Samuel J. Kirkwood,
by Lathrop, 91
Life of Black Hawk, by Benjamin
Drake, 82
Life of James W. Grimes, by William
Salter, 91
Lincoln, Abraham, by Nicolay and Hay,
214
Lincoln, Abraham, 221, 225, 227, 229,
230; account of inaugural speech of,
by Mrs. James W. Grimes, 330; lect-
ure on, by Henry Watterson, 209;
letter of, 218; on the Confederacy,
211, 212, 213, 214, 215, 217; reference
to death of, by Mrs. James W.
Grimes, 331; tribute to, by Mrs.
James W. Grimes, 329
Lincoln, Levi, 20
Literature, of anthropology, 326, 327;
of ethnology, 326, 327
Literature of Iowa History, A General
Survey of the, by JOHNSON BRIGHAM,
77
Lloyd, Frederick, editor of Iowa His-
torical Record, 83
Local and State history, an essential
supplement to national history, 157;
conduces to a love of country, 157; im-
portant problems in national history
studied through, 157-159; in Missis-
sippi Valley, 159; justification of
study of, 154; pedagogical reasons for
study of, 155; special force in Amer-
ican history, 157; worthy of special
study, 153
Local representation, principle of, a
dominant idea in American political
institutions, 19; in first State Consti-
tutions, 19
Local Tradition, by JOHNSON BRIGHAM,
525
Louisa County, the landing place of
Marquette and Joliet, 12
Louisiana, admission of State of, 53;
change in ownership of, 53; extent of
OF HISTORY AND POLITICS
567
La Salle's claim to, 62; Mound Build-
ers in, 56; purchase by the United
States of, 53
Louisiana Purchase, importance in
national history of, 161
Lowe, Ralph P., chairman of first Whig
convention In Iowa, 509; president of
the State Historical Society of Iowa,
151
Lucas, Governor Robert, first message
of, 79; second message of, 80
Macbride, Thomas H., 51
Mackinac, straits of, on Marquette's
map, 10
Macy, Jesse, author of Institutional Be-
ginnings in a Western State, 103
Madison, James, 20
Making of Iowa, The, by Henry Sabin,
73
Maps showing Congressional districting
in Iowa, 355-361
Marbury v. Madison, decision in case
of, 444, 446, 449; first case defining
place of federal judiciary, 442; Jef-
fersonian criticism of decision in,
445, 447, 451; only serious attack on
decision of Marshall in the case of,
451; statement of case of, 443
Marion (Iowa), 200
Marquette and La Salle in Illinois, 160
Marquette, credit due, 3; original man-
uscript of, 4
Marquette's narrative, synopsis of, 5
Marquette's map, copy of, 10; errors
in, 9
Marshall, Chief Justice, as a Construc-
tive Statesman, by EMLIN McCLAix,
427
Marshall, Chief Justice, as a statesman,
428, 437, 439, 441; champion of Fed-
eral Constitution, 427; claim of, to
distinction as a judge, 427; confidence
of associates in, 440; contribution to
our system of government by, 466;
decision of, in case of American In-
surance Co. v. Canter, 464; decision
of, incase of Brown v. Maryland, 460;
decision of, in case of Cohens v. Vir-
ginia, 461, 462; decision of, in case
of Gibbons v. Ogden, 457-460; deci-
sion of, in case of Marbury v. Madi-
son, 444, 446, 449; decision of, in case
of McCulloch v. Maryland, 454-456;
decision of, in case of Martin v.
Hunter's Lessee, 461; definition of
power of federal judiciary by, 462,
463; domination of the court by, 439;
interpreter of Constitution for all
time, 463; Jefferson's objection to
decision of, in Marbury v. Madison,
445-447, 451; legal mind of, 441, 448,
450, 454; on judicial power, 436; on
object of a written constitution, 291;
one of the founders of our federal
system, 437; only serious attack on
decision of, 451; preeminently a con-
structive statesman, 441; Secretary of
State during Adams' administration,
427; term of service of, 439; use of
term "residuary sovereignty" by, 43
Marshalltown (Iowa), 196, 200
Marshall County (Iowa), 174
Martin v. Hunter's Lessee, case of,
decision of Chief Justice Marshall in,
461
Mason, Justice Charles, opinion of, 82;
vice-president of State Historical
Society of Iowa, 151
Masonic Library, anthropological col-
lection in the, 316
Massachusetts Convention of 1820,
Webster on the independence of the
judiciary in, 291
Massachusetts, boundary of glaciated
region in, 50; constitutional conven-
tion of 1820 in, 20, 295
Ma-tau-e-qua, Indian war chief, 63
Maximilian, attitude of Confederacy
toward, 217
MCCLAIN EMLIN, Chief Justice Marshall
as a Constructive Statesman, 427
McClain, Emlin, 82; bibliographical
note on, 552
McCleary, G. W., curator of the State
Historical Society of Iowa, 152
McCulloch v. Maryland, case of, defin-
568
THE IOWA JOURNAL
ing extent of powers of the federal
government and its relations to the
States, 452; statement of case, 453;
Marshall's decision in case of, 454-456
McCurdy, Dr. George Grant, 312
McGee, William J., an Iowa anthro-
pologist, 51, 313
McKinley, President, exercise of au-
thority at outbreak of the Spanish
American War by, 35
McNulty bill for an act to regulate the
holding of primary elections, 175
Men and Events of Forty Years, by J.
B. Grinnell, 87, 101
Mennonites, Amish, in Iowa, 151
Mexico, Cliff Dwellers of New, 58; pre-
European people of, 58
Michigan, abolition of property quali-
fications for voters in, 20; gerryman-
dering in, 307
Middle west, States of, growth of, 162
Midland Monthly, series of war sketches
in, 87, 89; tribute to James Harlan
in, 99
Midland Municipalities, official publi-
cation of the League of Iowa Muni-
cipalities, 200
Mine Inspectors (Iowa), bibliography of
publications of, for 1900-1901, 383
Minnesota, primary election law of,
the best, 191
Missionaries, Jesuit, in Wisconsin, 161
Mississippi river, blocking of, by gla-
cier, 50; changes in course of, 12; dis-
covery of, 5; maps of, by Joliet, 14;
Marquette's map of, 10; true course
of, 10
Mississippi Valley, History of, by John
W. Monette, 82
Mississippi Valley, the central region
of interest in American history, 159;
important position in life of Union
of the States of the north, 162; study
of local history of, 159
Missouri, admission of State of, 53;
meaning of, 7
Missouri Compromise, Governor
Grimes' protest against repeal of, 86
Missouri river, discovery of, 7; mouth
of indicated on Joliet's map, 12
Missouris (Indians) 54
Mitchigamea, latitude of, 12; village
of, 8
Moingouena (Des Moines) (Indians)
14, 15
Monette, John W., author of History of
the Mississippi Valley, 82
Monroe, James, 20
Monroe Doctrine, and Jefferson Davis,
217; and Alex. H. Stephens, 225
Montreal, Joliet's canoe wrecked near, 3
Montrose, alleged landing place of
Joliet and Marquette, 3
Moral sentiments as forces in political
affairs, 29
Mound Builders, in Iowa, 56; in Lou-
isiana, 56; in Mississippi valley, 56;
in Ohio, 56; in their prime, 58; in
Wisconsin, 56; industries of, 67;
period of, in Iowa history, 56; plain
of, 65 ; superstitions of, 66 ; tools
and weapons of, 68; what became
of, 57
Mounds, Indian, significance of, 56
Municipal Code Committee, 202, 204
Municipal League, National, 193
Municipal League of Philadelphia, 193
Municipalities, League of American,
194
Municipalities, League of Iowa, a col-
lege for municipal officers, 207; a
means of disseminating information,
200; changes in municipal law of
Iowa accomplished by, 204, 205; leg-
islative work of, 201; need of, 194;
objects and purposes of, 197; organ-
ization of, 196; presidents of, 206;
special meeting of, 203; standing
committees of, 197; unique provision
in constitution of, 206; what it stands
for, 208
Municipalities, Midland, official publi-
cation of the League of Iowa Munici-
palities, 200, 203; scope of, 206
Municipalities, The League of Iowa, by
FRANK EDWARD HORACK, 193
OF HISTORY AND POLITICS
569
Muscatine Journal, account of first Re-
publican convention in, 518; call for
organization of Republican party by
James W. Grimes in, 517
Musquakies (Indians), 64
National Municipal League, 193
Naturalist, American, 73
Nealley, Edward M., biographical note
on, 424
NEALLEY, E. M., Letters by Mrs. James
W. Grimes, 329
Nealley, Joseph B., 329, 332
Nealley, Mrs. Margaret E., 329, 330
Nebraska Bill, Douglas's, Iowa Whig
opposition to, 516
Negro, the, and representation in the
South, 21, 22; constitutional dis-
franchisement of, 24; extension of
suffrage to, 27, 28; political value of
state constitutional history in study
of the suffrage of, 25
Negus, Charles, curator of the State
Historical Society of Iowa, 152
New England, individual rights illus-
trated in civil organization of, 294
Newhall, John B., author of Glimpses
of Iowa, 83
New Mexico, Cliff Dwellers of, 58
Newspapers in Iowa, early political
work of, 505; first, 498
New York, City Club of, 193
Nicolay and Hay, author of Abraham
Lincoln, 214
Nominating system, a primary election,
167; caucus and convention a, 167;
evolution of, 166
Nominating systems, various leading,
in each county in the State of Iowa,
table showing, 187-190; in the United
States, 190
Northwest, old, historical contributions
of the five States of, 161
Northwest Territory, importance of
organization of, 160
Notes on Wisconsin Territory, by Lieut.
Albert Lea, 82
Nullification, political value of State con-
stitutional history in the study of, 43
Ogden, in case of American Insurance
Company v. Canter, 464; in case of
Cohens v. Virginia, 461
Ohio, auditor of, enjoined to protect
United States Bank, 284
Ohio, Mound Builders in, 56
Ohio River, Marquette's account of, 8;
mouth of, on Marquette's map, 12
Oil Inspectors (Iowa), bibliography of
publications of, for 1900-1901, 384
Omaha Indians, 64
Ouabouskigou (Wabash) river, 8
Organic law of States, civil evolution
illustrated in, 26
Organization, " institutional, " 495;
"paper," defined, 495
Osborne v. United States Bank, defin-
ing the sovereignty of the State, 457;
Marshall's decision in the case of, 457
Otoe Indians, 54
Parish, author of History and Civil
Government of Iowa, 103
Parker, L. F., 32
Parker, Theodore, letter of, 152; mem-
ber of the State Historical Society of
Iowa, 152
Parkman, 3, 4
Parliament, English, power of, 286
Parry, 70
Party organization, importance of in-
stitutional, 496; real importance of,
493; six points of view in study of,
494; the party boss a source of danger
to, 524; two kinds of, 495
Party organization in Iowa, difference
between early and present, 521-523;
early service of, 524; evolution of,
515-520; first attempt at, for whole
territory, 506, 512, 514; first call for
convention for, 500; impetus of state-
hood to, 516; influence of presidential
campaign of 1840 on, 505; instinct for,
of pioneers, 496, 497, 505, 515, 519;
meeting of opposition to, 503; of
Republicans, 517-520; of Whigs, 508-
510; the slavery question in, 516
Party Organization in Iowa, The Devel-
opment of, by JOHN W. GANNAWAY,493
570
THE IOWA JOURNAL
Party politics, evil consequences of, in
the judiciary, 38; judiciary in the
power of, 37
Parvin, T. S., 82, 83, 88; curator of the
State Historical Society of Iowa, 152
Paterson, Justice, relation of legisla-
tures to Constitution defined by, 301
PEIRCE, PAUL S., Congressional Dis-
tricting in Iowa, 334
Peirce, Paul S., biographical note on,
424
Pekitanoui (Missouri river), 7
Penitentiary (Anamosa, Iowa), bibliog-
raphy of publications of, for 1900-
1901, 384; (Fort Madison, Iowa), bib-
liography of publications of, for
1900-1901, 384
Peouarea, Indians, 15; location of, 14;
Marquette's landing near, 11
Peoria, Indian village of, 7
Perkins, George D., curator of the
State Historical Society of Iowa, 152
Perkins, William Rufus, author of
History of the Amana Society, 89
Pharmacy Commission (Iowa), bibliog-
raphy of publications of, for 1900-
1901, 384
Philadelphia, Municipal League of, 193
Philippine insurrection, Iowa states-
men on question of, 104
Pickard, J. L., 82; president of the
State Historical Society of Iowa, 151
Pierce, Frank G., letter to city officials
of Iowa Municipalities by, 195; pro-
moter of the League of Iowa Munici-
palities, 195; secretary and treas-
urer of League of Iowa Municipal-
ities, 206
Pinkney, 461; in the case of McCulloch
v. Maryland, 453
Pioneer Law-Makers Association of
Iowa, reports of, 89; bibliography of
publications of, for 1900-1901, 384
Pioneer work precedes civil organiza-
tion, 44
Pioneers, Iowa, political instinct of,
496-497, 505; prior to 1857, 140, 141
Pleistocene record in Iowa, 49, 50
Police, branch of government repre-
sented by, 469
Political and legislative power, dis-
tinction between, 299
Political campaign in Iowa, nature of
first, 504, 505
Political candidates in Iowa, first
announcement of, 498, 499; number
of at first election, 503; work of, in
early campaigns, 504, 505
Political convention in Iowa, first call
for, by Democrats, 501; first Demo-
cratic territorial, 514; first protest
against, 499; first Whig territorial,
611; Whig opposition to, 500, 503
Political evolution, elements in, 18
Political Parties and National Reminis-
cences, History of, by Fox, 102
Political parties, organization of, in
Iowa, 497; outline of mechanism of,
494
Political Value of State Constitutional
History, The, by FRANCIS NEWTON
THORPE, 17
Political value of State constitutions,
tribute to the, 41
Politics, Iowa Journal of History and,
83
Polynesian migrations, the, 57
Popular Science Monthly, article on
the Davenport Academy in, 70
Popular sovereignty, a new thing in
practical government, 429; source*
of, American doctrine of, 430
Population, Iowa, marvelous growth of,
339; of Congressional districts in
1880, 349; political complexion of,
in 1872, 345
Population of cities in Iowa, 194
Population of United States, density
of, 165
Poor, care of, by State of Iowa, 477
Port Louisa, landing place of Marquette
and Joliet, 12
Pottawattomie village, 11
Powers, legislative, executive, and
judicial, relation and definitions of,
a civil element of States, 18
OF HISTORY AND POLITICS
571
Poweshiek county, transfer of, from
second to first Congressional district,
337
Pratt, 70
Pre-European peoples of Mexico, Yuca-
catan, and Honduras, 58
President of United States, growing
authority of, 35; manner of choosing,
18
Preston, 70
Price, Hiram, 88
Price, Representative, 91
Primary elections, as a nominating sys-
tem, 167; Carney bill providing for,
174, 176; Crossley bill providing for,
179; Early bill providing for, 174;
Eaton bill providing for, 176; first
steps towards regulations of, by law,
167; law, essential elements of a
good, 191; every State in the Union
governed through, 39; law in Code
Supplement of 1902, 4919-a-b-c-d-,
on, 177, 178; law in Iowa, first efforts
to secure, 174; law in Minnesota, the
best on, 191 ; legislation, four groups
of States regarding, 173; McNulty
bill providing for, 175; measure on,
the first compulsory statewide pro-
posed, 179; table showing State regu-
lations of, 169-172
Primary Elections by Law, The Regu-
lation of, by JAMES JUDSON CROSS-
LEY, 165
Problems in the Administration of Iowa,
by HAROLD M. BOWMAN, 467
Professions, Early Leaders in the, in the
Territory of Iowa, 82
Progressive Men of Iowa, published by
Conaway & Shaw, 103
Property, a basis of representation, 20;
Adams, Levi Lincoln, Madison, Mar-
shall, Monroe, Storey, and Webster,
on, 20; qualifications abolished in
Iowa, Michigan, and Wisconsin, 20;
Webster's Plymouth oration on, 29
Publications, A Bibliography of Iowa
State, for 1900-1901, by MARGARET
BUDINGTON, 362
Publications (Iowa), for 1900-1901, of
Academy of Sciences, 365; Adjutant
General, 366; Agricultural Depart-
ment, 366; Attorney General, 368;
Auditor of State, 368; Board of Con-
trol of State Institutions, 370; Col-
lege for the Blind, 371; Custodian of
Public Buildings, 371; Dairy Com-
missioner, 371; Executive Council,
371; Fish and Game Warden, 372;
General Assembly, 372; Geological
Survey, 375; Governor, 378; Health,
State Board of, 379; Historical De-
partment of Iowa, 379; Horticultural
Society, 380; House of Representa-
tives, 381; Industrial School for Girls
at Mitchellville, 381; Institution for
Feeble Minded Children, 381; Labor
Statistics, Bureau of, 381; Land
Department, 382; Library Commis-
sion, 382; Mine Inspectors, 383; Oil
Inspectors, 384; Penitentiary, Ana-
mosa, 384; Penitentiary, Fort Madi-
son, 384; Pharmacy Commission, 384;
Pioneer Law Makers Association of
Iowa, 384; Public Instruction, De-
partment of, 384; Railroad Commis-
sioner, 388; School for the Deaf, 390;
Secretary of State, 390; Senate, 391;
Soldiers' Orphans' Home, 391; State
Agricultural College, 391; State His-
torical Society of Iowa, 394; State
Library, 395; State Normal School,
395; State University of Iowa, 397;
Supreme Court, 401; Treasurer of
State, 402; Veterinary Surgeon, 403;
Vicksburg Commission, 403
Publications, bibliography of State,
desirability of, 363; State, historical
value of, 362
Publications of State Historical Society
of Iowa, 150-151
Public education in Iowa, conducted
by Leg. Assembly, 472; conducted by
State Superintendent, 472, 474, 475,
first superintendent of, 471; history of
the administration of, 470-476; pro-
vision for financial administration of,
734
572
THE IOWA JOURNAL
Public finance in Iowa, central inspec-
tion of, 489; desirability of central-
ization in local administration of,
488; history of the administration of,
482-489; relation of, to judicial de-
partment, 483, 489
Public health and safety in Iowa, his-
tory of the administration of, 480;
reasons for lack of administration of,
480; State Board of, creation and
functions of, 481-482
Public High Schools, State History in
the, by EDMUND J. JAMES, 153
Public Instruction (Iowa), Department
of, bibliography of publications of,
for 1900-1901, 384
Putnam, Mrs. M. L. D., 70
Putnam, Professor, on anthropology,
327
Quebec, Joliet's return to, 3; Mar-
quette's reference to, 5
Quincy, 12
Railroad Commissioners (Iowa), biblio-
graphy of publications of, for 1900-
1901, 388
Reagan, Hon. John H., member of the
cabinet of the Confederate States,
209
Rebellion, Iowa and the, by L. D. Inger-
soll, 90
Recollections of a Civil Engineer, by
Ainsworth, 103
Recollections of a Nonagenarian, by
Holbrook, 103
Reconstruction and representation, 21,
23, 26, 27
Reconstruction, Congressional commit-
tee on, James W. Grimes' opinion of,
331
Record, Iowa Historical, 73; first num-
ber of, 151; war sketches in, 89
Recueil de Voyage, by Thevenot, 4
Red men, great men among the, 60
Red Men of Iowa, by A. R. Fulton, 82
Referendum, first application of, in
America, 38; recent use of, in Amer-
ica, 39, 40, 42
Reform League, Baltimore, 193
Register, State, plans for redistricting
Iowa in 1882, 347, in 1886, 352
Regulation of Primary Elections by Law,
The, by JAMES JUDSON CROSSLEY, 165
Reports of Geological Surveys, 73
Reports of Smithsonian Institute, 68
Representation, abolition of property
basis in U. S., 20, 21; a civil element
in the state, 18; basis of, down to
1820, 20; by States, 18; in England,
19; in United States, 19; local, in
United States, 18-19; of persons, de-
fended by Levi Lincoln in 1820, 20;
property basis for, defended by John
Adams, Joseph Story, Daniel Web-
ster, Madison, Marshall, and Mon-
roe, 20; proportional, 19
Representation and suffrage, insepar-
able elements in constitutional gov-
ernment, 22
Republican, Dubuque, on organization
of Republican party in Iowa, 520
Republican party in Iowa, cause of
success of, 520; character of organ-
izations, 519; first conventions of, 5-
18; Gov. Grimes' call for organiza-
tion of, 517; majority of, in Iowa in
1856, 339, in 1862, 346, in 1880, 350,
in 1885, 353, 354; opposition to slav-
ery by, 518; reasons of , for redistrict-
ing in 1886, 350
Reservation, Indian, in Tama county
(Iowa), 59
Revenue Commission of 1892, recom-
mendation of, 487
Revenue system, advantages of segre-
gation in, 485
Review, ( Iowa ) State Board of, 486
Rich, Joseph W., biographical note on,
272
RICH, JOSEPH W., The Hampton Roads
Conference, 209
Richardson, D. N., curator of the State
Historical Society of Iowa, 152
Richman, Irving B., author of John
Brown Among the Quakers, 88
Rise and Fall of the Confederate Gov-
ernment, by Jefferson Davis, 214
OF HISTORY AND POLITICS
573
Rochester University, first college work
in anthropology done at, 316
Round, on history, 77
Russell, Frank, an Iowa anthropologist,
313
Sabin, Henry, author of The Making of
Iowa, 103
Sac and Fox Indians, 54
Salisbury, 51
Salter, Dr. William, author of Life of
James W. Grimes, 88, 91
Sandusky, alleged landing place of
Marquette and Joliet, 3
San Francisco, Good Government Club
of, 193
School for the Deaf ( Iowa ), bibliogra-
phy of publications of, for 1900-1901,
390
School Fund Commission in Iowa, 473
School laws, commission for revision
of, 473
Schouler, author of History of the United
States, 214
Scribner, Popular History of the United
States, 214
Secretary of State (Iowa), bibliography
of publications of, for 1900-1901, 390
Seerley, author of History and Civil
Government of Iowa, 103
Segregation, advantages of, in revenue
system, 485
Senate (Iowa), bibliography of publi-
cations of, for 1900-1901, 391
Settlers, first, and local tradition, 527
Seward, Secretary of State, 221, 223,
225, 227, 228
Shambaugh, Bertha H., articles on
Amana Society by, 89
Shambaugh, Benjamin F., author of
Documentary Material Relating to the
History of Iowa, 151; Fragments of
the Debates of the Iowa Constitutional
Conventions of 1844, 1846, 151; His-
tory of the Constitutions of Iowa, 78;
Iowa City, a Contribution to the Early
History of Iowa, 151; The Messages
and Proclamations of the Governors of
Iowa, 126; the Constitution of Iowa,
151; the Constitution and Records of
the Claim Association, 151
SHAMBAUGH, BENJAMIN F., A Brief
History of the State Historical Society
of Iowa, 139
Shambaugh, Benjamin F., biographical
note on, 272
Sharp, Mrs. Abigail Gardner, author of
History of the Spirit Lake Massacre,
87
Shaw, Dr. Albert, author of Icaria, 88
Shea, Dr. John Gilmary, author of
Discovery of the Mississippi, 3, 4, 9
Sheldon, 70
Shimek, Bohumil, 51
Slavery, Iowa's opposition to, 140;
question of, in Iowa politics, 516,
517, 518, 519
Small, A. J., 364
Smithsonian Institution Reports, 68, 73
Social compact theory, sources of the,
430
Soldiers' Orphans' Home (Iowa), bibli-
ography of publications of, for 1900-
1901, 391
Solicitors, State Association of City,
200
Some Fragments of Iowa History gath-
ered from the Records of Congress, by
Elizabeth H. Avery, 103
South Sea, Marque tte's speculation on
how to reach the, 7
Sovereign, the word in State Constitu-
tions, 42
Sovereignty, popular, a new thing in
practical government, 429; sources
of, 430; residuary, defined in the
Federalist, 43
Spain, Iowa statesmen on the question
of war with, 104
Sparks, Jared, member of the State
Historical Society of Iowa, 152
Spirit Lake massacre, 87
Springer, Judge, 88
Squatter Constitutions, 78
Starr, Frederick, author of Bibliogra-
phy of Iowa Antiquities, 70, 71 ; first
college work in anthropology in
574
THE IOWA JOURNAL
Iowa done by, 316; an Iowa anthropo-
logist, 313
State Agricultural College (Iowa),
bibliography of publications of, for
1900-1901, 391
State, a living organism, 45; change of
concept of, 17; civil elements of, 18;
form of, unchanged from the begin-
ning of our State history, 17; func-
tions of, 17
State Central Committee, mechanism
of, 495
State control of education in Iowa, 474
State Constitution, mandatory provi-
sions of Wisconsin, relative to appor-
tionment, 303
State Constitutional History, The Polit-
ical Value of, by FRANCIS NEWTON
THORPE, 17
State Constitutional history, political
value of, in the study of negro suf-
frage, 25; source of, 43
State government, American, charac-
teristic of, 468; closer to people than
Federal government, 18; complexity
of, 469
State governments, characteristics of,
429 ; charter framework of, 429;
checks and balances in, 287 ; control
of, by Federal Constitution, 286, 287,
289; decision of Marshall in case of
Brown v. Maryland denning power
of, 460; decision of Marshall in the
case of McCulloch v. Maryland de-
nning sphere of, 454
State History in the Public High Schools,
by EDMUND J. JAMES, 153
State Historical Society of Iowa, A
Brief History of the, by BENJAMIN
F. SHAMBAUGH, 139
State Historical Society of Iowa, 82,
83; adoption of Constitution for, 142;
an independent State institution, 144,
146; anthropological collection of,
316; by-laws of, 143; bibliography of
publications of, 394; early relations
with State University, 145, 147, 149;
first appropriation for, 142 ; first
members of, 142; increase in perma-
nent annual allowances for, 145; offi-
cers of, 142; original object of, 143;
power of curators of, 143; prominent
members and officers of, 151, 152;
publications of, 150, 151; reorganiza-
tion of, 144; various homes of, 146,
150
State institutions of Iowa, the admin-
istration of the, 478
State Library (Iowa), bibliography of
publications of, for 1900-1901, 395
State Normal School (Iowa), bibliog-
raphy of publications of, for 1900-
1901, 395 ; courses in anthropology
and ethnology in the, 323
State publications, historical value of,
362
State sovereignty, in written Consti-
tutions, 42
State Teachers' Association (Iowa),
476
State University of Iowa, bibliography
of publications of, for 1900-1901, 397;
courses of instruction in anthropol-
ogy and ethnology in the, 318-322
State, What Constitutes a, by Sir Wil-
liam Jones, 525
States, organic laws of, the foundation
of civil society, 17
Statesman, Chief Justice Marshall as a
Constructive, by EMLIN MCCLAIN, 427
Stebbins, Hon. F. K., address of, 207
Stephens, Alexander H., 215, 219; A
Constitutional View of the Late War
Between the States, 214; account of
Hampton Roads Conference by, 222;
at Hampton Roads Conference, 209,
210, 211, 212, 213
St. Francis river, Mitchigamea village
near the mouth of, 8
St. Francis Xavier, Jesuit Mission of,
9,11
St. Ignaca, Mission of, 5
St. Mary's river, indicated on Mar-
quette's map, 10
St. Mary's College, library of, 4
Stockton, Justice, 87
OF HISTORY AND POLITICS
575
Stone, William M., vice-president of
State Historical Society of Iowa, 151
Story, Joseph, 20
Study of party organization, six points
of view in the, 494
Suffrage, a civil element in States, 18;
exercise of, a privilege, 29; history
of, recorded in organic laws of States,
23; negro, 22, 24, 27; political value
of State constitutional history in
study of, 25, 43; representation and,
inseparable elements in constitu-
tional government, 22; woman, early
demand for, 30; woman, in New Jer-
sey prior to 1807, 23
Summary of the archaeology of Iowa,
by Frederick Starr, 71
Superintendent of Public Instruction
( Iowa ), abolishing of office of, 472 ;
first territorial, 471; powers of, 475,
476; provisions for State, 472, 474;
provision for county, 473, 475; work
of, assumed by Legislative Assembly,
472
Supreme Court (Iowa), bibliography of
publications of, for 1900-1901, 401
Supreme Court of United States, deci-
sion of, in case of Brown v. Mary-
land, 460; in case of Cohens v. Vir-
ginia, 461; in case of Martin v. Hun-
ter's Lessee, 461; in case of McCul-
loch v. Maryland, 452; in case of Os-
borne v. United States Bank, 456;
character of decisions of, 438; consti-
tutional interpretation entrusted to,
436; early domination of ,by Marshall,
439; head of Federal Judiciary De-
partment, 435; in regard to enjoin-
ing officers of State from proceeding
to act under a State law which vio-
lates Constitution of United States,
285; Marshall's definition of power
of, 462-463; popular sovereignty and
the, 437; power of, first defined in
case of Marbury v. Madison, 442-
446; purpose of establishing, 435;
varied jurisdiction of, 435
Supreme Court of Wisconsin, decisions
of, in gerrymander cases, 307, 310
Table showing nominating systems
used in each county in the State of
Iowa, 187-190
Tama county (Iowa), Indian reserva-
tion in, 59
Taney, Chief Justice, counsel for
Maryland in case of Brown v. Mary-
land, 460; error of, in Dred Scott
decision, 451, 452
Taxation, relation of, to judicial de-
partment of government, 483, 484; of
railroads by States, advantages of,
486
Territory of Iowa, attitude toward edu-
cation of, 472; establishment of, 505;
first delegate to Congress from, 502;
status of the negro in, 81
Territory of Michigan, Iowa a part of,
78
Territory, Northwest, significance of
organization of, 160
Territory of Wisconsin, creation of,
497; Iowa a part of, 78
Territorial Gazette and Advertiser, an
early Iowa newspaper, 506
Territories, qualifications of voters in,
prescribed by Congress, 20, 23
Thevenot, author of Eecueil de Voyage,
4
THORPE, FRANCIS NEWTON, The Polit-
ical Value of State Constitutional
History, 17; The Wisconsin Gerry-
manders of 1891-1892, 275
Thorpe, Francis Newton, biographical
note on, 134
Tillman, Senator, reference of, to
Hampton Roads Conference, 209
Totten, Silas, curator of the State
Historical Society of Iowa, 152
Tradition, Local, by JOHNSON BRIGHAM,
525
Treasurer of State (Iowa), bibliogra-
phy of publications of, for 1900-1901,
402
Treaty, with Sacs and Foxes, 55; with
Sioux, 55
576
THE IOWA JOURNAL
Tribune, Chicago, Senator Grimes' atti-
tude in impeachment trial of Presi-
dent Johnson set forth in, 333
Tribune, New York, Senator Grimes'
attitude in impeachment trial of
President Johnson, set forth in, 333
Trumbull, 333
Tuttle, Prof. Charles K., author of
Illustrated History of Iowa, 102
Udden, 51
United States documents, historical
value of, 362
United States, History of, by Schouler,
214
United States History, Popular, Scrib-
ner's, 214
University, Drake, courses in anthro-
pology and ethnology in, 323
University of Iowa, State, courses of
instruction in anthropology and eth-
nology in, 318-322; early relations
of State Historical Society and, 145
University of Rochester, first college
work in anthropology in U. S. done
at, 316
Vancouver, boundary of glaciated re-
gion, 50
Vest, Senator, reference of, to Hamp-
ton Roads Conference, 210, 211, 212
Veterinary Surgeon, State, bibliog-
raphy of publications of, for 1900-1901,
403; creation of office of, 482
Vicksburg Commission (Iowa), bibli-
ography of publications of, for 1900-
1901, 403
Vincennes, 160
Visitor, DuBuque, first newspaper in
the Iowa District, 200, 498, 503
Wabash river, as indicated on Mar-
quette's map, 8
Wade, Martin J., Democratic Con-
gressman from the Second District
(Iowa), 354
War Between the States, a Constitu-
tional View of, by Alexander H.
Stephens, 214
War Times, Iowa in, by S. H. M.
Byers, 90
WARD, DUREN J. H., Anthropological
Instruction in Iowa, 312; Historico-
Anthropological Possibilities in Iowa,
47
Ward, Duren J. H., biographical note
on, 135
Washington, George, 163; contribution
of, to our system of government, 466;
John Marshall compared with, 440
Watterson, Henry, lecture of, on Abra-
ham Lincoln, 209
Watson, William, 82
Weaver, Gen. James B., 101
Webster, Clement L., anthropological
collection of, 315
Webster, Daniel, in case of American
Insurance Company v. Canter, 464; in
case of Gibbons v. Ogden, 459; in
case of McCulloch v. Maryland, 453;
on independence of judiciary in
Massachusetts Convention in 1820,
291; on principle of apportionment,
308, 310; on property representation,
20; Plymouth oration of, 29
WELD, LJENAS GIFFORD, Joliet and
Marquette in Iowa, 3
Weld, Lsenas Gifford, biographical
note on, 134
Western State, Institutional Beginnings
in a, by Jesse Macy, 103
West, Middle, value of the history of
the, 159
West, States of Middle, growth of the
162
Whig majorities in Iowa in 1847, 336
Whig party in Iowa, anti-slavery sym-
pathies of, 516; Burlington Hawkeye
official organ of, 507; celebration of
election of General Harrison by, 508;
Davenport convention of, May 5,
1841, 511; in minority in 1840, 506;
opposition of, to Douglas's Nebraska
Bill, 516; opposition to political con-
vention of, 500; organization of, 508,
509, 510, 511; vigilance committees
of, 510, 511
White, 51
White, Dr. Andrew, D., 491
OF HISTORY AND POLITICS
577
White man, the, in Iowa, approach of,
52; final possession of State by, 54
Wick, BarthiniusL., author of History
of the Amana Society, 89
Wilkie, Franc. B., author of Daven-
port, Past and Present, 82
Wilson, General, 220
Wilson, James, curator of the State
Historical Society of Iowa, 152
Wilson, Representative, 91
Wilson, Senator James F., on law as
history, 85
Wilson, Thomas S., vice-president of
the State Historical Society of Iowa,
161
Wirt, in case of Gibbons v. Ogden, 459;
incase of McCulloch v. Maryland, 453
Wisconsin, abolition of property quali-
fication for voters in, 20
Wisconsin, Constitution of, 292; amend-
ment of, 293; intention of framersof,
294
Wisconsin Gerrymanders of 1891, 1892,
The, by FRANCIS NEWTON THORPE,
275
Wisconsin, gerrymander case in, in
1891, 277; Jesuit missionaries in, 161;
mound Builders in, 56; population
of, in 1890, 276; struggle to abolish
property qualification in, 20
Wisconsin river, launching of Mar-
quette's canoes on, 5; meridian of 91
degrees at mouth of, 9; mouth of
indicated on Joliet's map, 15
Wisconsin, senatorial and assembly
districts in, changed by amendment
to single district system, 293; consti-
tutional provisions for apportion-
ment, 275, 276, 281, 283, 292; dis-
f ranchisement of one-fifth population
by gerrymander of 1891, 277; double
district system in, 292; question of
jurisdiction settled in gerrymander
case in, 292; injunction to prevent an
election in, 277; intention of framers
of Constitution in regard to, 294,
295; political importance of gerry-
mander case in, 288, 289; proclama-
tion calling special session of legis-
lature to apportion, 307; statement
of injunction case in, 278; violation
of constitutional provisions by assem-
bly of 1891, 275, 276, 280, 283, 294, 306
Wisconsin Territory, capital of, 53;
creation of, 497; extent of, 53; re-
moval of capital of, 53
Wisconsin Territory, Notes on, by
Lieut. Albert Lea, 82
Woman suffrage, early demand for,
30; George William Curtis' defense
of, 30; Horace Greely's support of,
30; in New Jersey prior to 1807, 23;
in Wyoming, 30; social obstacles to,
31; value of State constitutional his-
tory in the study of , 31
Wright, George G., president of the
State Historical Society, 151
Wright, Justice, 87, 88
Yale University, 312
Yucatan, Pre-European people of, 58
INDEX TO PUBLICATIONS NOTICED
NOTE — The titles of publications noticed are printed in italics. The names of
persons writing the notices are printed in SMALL CAPITALS.
Actual Government as Applied under
American Conditions, by Albert Bush-
nell Hart, by BENJAMIN F. SHAM-
BAUGH, 533
Adams, Ephraim, The Iowa Band, by
HARRY GRANT PLUM, 105
American Historical Association for
1901, Anual Report of the, Vol. I, by
HARRY GRANT PLUM, 240; Vol. II,
by F. I. HERRIOTT, 248
America , Historic Highways of, by
Archer Butler Hulbert, by DUREN J.
H. WARD, 243
American Revolution, The Loyalists in
the, by Claude Halstead Van Tyne,
by ARTHUR D. CROMWELL, 414
Archives, Public, Commission Report
on, by Wm. MacDonald, etc., by F.
I. HERRIOTT, 250
Band, The Iowa, by Reverend Ephraim
Adams, by HARRY GRANT PLUM, 105
Bank of the United States, The Second,
by Ralph C. H. Catterall, by WIL-
LIAM CRAIG WILCOX, 529
Bar Association, Proceedings of the
Iowa, published by the Association,
by EMLIN McCLAiN, 231
Boone, Daniel, by Reuben Gold
Thwaites, by WILLIAM CRAIG WIL-
COX, 122
BUDINGTON, MARGARET, Iowa Official
Register, compiled by W. B. Martin,
published by the State, 255
Bulletin of Iowa Institutions, edited by
the Board of Control, by ISAAC A.
Loos, 235
Brown, William Garrott, Stephen Ar-
nold Douglas, by CHARLES NOBLE
GREGORY, 106
Campaigns and Battles of the Twelfth
Regiment Iowa Veteran Volunteer
Infantry, by Major David W. Reed,
by JOSEPH W. RICH, 541
Catterall, Ralph C. H., The Second
Bank of the United States, by WIL-
LIAM CRAIG WILCOX, 529
Clarkson, Anna Howell, A Beautiful
Life and its Associations, by CELIA
A. M. CURRIER, 531
Code of Iowa, Supplement to the, pub-
lished by the State, by HORACE E.
DEEMER, 118
Conquest, The: The True Story of
Lewis and Clark, by Eva Emery Dye,
by ALICE YOUNG, 237
Constitutional History of the United
States, The, by Francis Newton
Thorpe, by BENJ. F. SHAMBAUGH, 121
Constitutions of Iowa, History of the, by
Benjamin F. Shambaugh, by IRVING
B. RICHMAN, 116
Corporations, the Organization and Con-
trol of Industrial, by Frank Edward
Horack, by HARRY G. PLUM, 534
Coyne, James H., Exploration of the
Great Lakes in 1669-1670, by L^ENAS
GIFFORD WELD, 411
CROMWELL, ARTHUR D., The Story of
the Mormons, by William Alexander
Linn, 246; The Loyalists in the Amer-
ican Revolution, by Claude Halstead
Van Tyne, 414
CURRIER, CELIA A. M., A Beautiful life
and its Associations, by Anna Howell
Clarkson, 531
Daniel Boone, by Reuben Gold
Thwaites, by WILLIAM CRAIG WIL-
COX, 122
OF HISTORY AND POLITICS
579
DEEMER, HORACE E., Supplement to the
Code of Iowa, published by the State,
118
Democracy and the Organization of Pol-
itical Parties, by M. Ostrogorski, by
BENJAMIN F. SHAMBAUGH, 539
Deutschen von Iowa und deren Errun-
genschaften, Die, by Joseph Eiboeck,
by MAX O. LORENZ, 108
DEY, PETER A., Proceedings of the
Pioneer Law Makers Association of
Iowa, 252
Dillon, John F., John Marshall, Life,
Character and Judicial Services, by
EMLIN MCCLAIN, 404
Douglas, Stephen Arnold, by William
Garrott Brown, by CHARLES NOBLE
GREGORY, 106
Dye, Eva Emery, The Conquest : The
True Story of Lewis and Clark, by
ALICE YOUNG, 237
Eiboeck, Joseph, Die Deutschen von
Iowa und deren Errungenschaften, by
MAX 0. LORENZ, 108
Exploration of the Great Lakes in 1669-
1670, edited and translated by James
H. Coyne, by LJSNAS GIFFORD WELD,
411
Father Marquette, by Reuben Gold
Thwaites, by HYENAS GIFFORD WELD,
124
Fisk, John, New France and New Eng-
land, by LIANAS GIFFORD WELD, 238
FITZPATRICK, T. J., The Proceedings of
the Iowa Park and Forestry Associa-
tion (1902), published by the Associa-
tion, 636
Forestry Association, Proceedings of
Iowa Park and, published by the As-
sociation, by T. J. FITZPATRICK, 536
Garrison, George P., Texas, by ALLEN
JOHNSON, 406
GARVER, F. H., The Government of
Maine, by William MacDonald, 408
Georgia and States Eights, by Ulrich
Bonnell Phillips; by F. I. HERRIOTT,
248
Government as Applied under American
Conditions, Actual, by Albert Bush-
nell Hart, by BENJAMIN F. SHAM-
BAUGH, 533
Government of Maine, The, by William
MacDonald, by F. H, GARVER, 408
Government of New York, The, Its His-
tory and Administration, by William
G. Morey, by H. G. PLUM, 410
Great Lakes, Exploration of the, in
1669-1670, edited and translated by
James H. Coyne, by L^ENAS GIFFORD
WELD, 411
GREGORY, CHARLES NOBLE, Stephen
Arnold Douglas, by William Garrott
Brown, 106
Hart, Albert Bushnell, Actual Govern-
ment as Applied under American Con-
ditions, by BENJAMIN F. SHAMBAUGH,
533
HERRIOTT, F. I., Georgia and States
Bights, by Ulrich Bonnell Phillips,
248
Historic Highways of America, by Ar-
cher Butler Hulbert, by DUREN J. H.
WARD, 243
Historical Association, Annual Eeport
of American for 1901, Vol. I, by
HARRY G. PLUM, 240; Vol. II, by F.
I. HERRIOTT, 248
History, Studies in United States, by
Sara M. Riggs, by J. F. MITCHELL,
255
History of the Louisiana Purchase, The,
by James K. Hosmer, by PAUL S.
PEIRCE, 110
History of the United States, The Con-
stitutional, by Francis Newton
Thorpe, by BENJ. F. SHAMBAUGH,
121
History of the Constitutions of Iowa, by
Benjamin F. Shambaugh, by IRVING
B. RICHMAN, 116
HORACK, FRANK EDWARD, Early Polit-
ical Machinery in the United States,
by George D. Luetscher, 539
Horack, Frank Edward, The Organiza-
tion and Control of Industrial Corpor-
ations, by HARRY G. PLUM, 534
580
THE IOWA JOURNAL
Hosmer, James K., The History of the
Louisiana, Purchase, by PAUL S.
PEIRCE, 534
Hulbert, Arthur Butler, Historic High-
ways of America, by DUREN J. H.
WARD, 243
Institutions, Bulletin of Iowa, edited by
the Board of Control, by ISAAC A.
Loos, 235
Iowa Band, The, by Ephraim Adams,
by HARRY GRANT PLUM, 105
Iowa Bar Association, Proceedings of
the, published by the Association, by
EMLIN McCLAiN, 231
Iowa Historical Record, The, Vols. I to
XVIII, The State Historical Society
of Iowa, by JOSIAH L. PICKARD, 112
Iowa Official Register, compiled by
Win. B. Martin, published by the
State, by MARGARET BUDINGTON, 255
Iowa Park and Forestry Association,
Proceedings of, published by the As-
sociation, by T. J. FITZPATRICK, 336
Iowa Veteran Volunteer Infantry, Cam-
paigns and Battles of the Twelfth Reg-
iment, by Major David W. Reed, by
JOSEPH W. RICH, 541;
Japan, The Political Ideas of Modern,
by Karl Kawakanii, by ISAAC A.
Loos, 538
JOHNSON, ALLEN, Texas, by George P.
Garrison, 406
Journal of the Council and House of
Representatives of the Second Legis-
lative Assembly of the Territory of
Iowa (Special Session), published by
the Historical Department of Iowa,
by LEONARD WOODS PARISH, 113
Kawakami, Karl Kiyoshi, The Political
Ideas of Modern Japan, by ISAAC A.
Loos, 538
Laws of the Territory of Iowa — 1839,
reprinted by the Historical Depart-
ment of Iowa, by HARRY S. RICH-
ARDS, 241
Laws of the Territory of Iowa — 1840,
reprinted by the Historical Depart-
ment of Iowa, by HARRY S. RICH-
ARDS, 241
Life and Its Assoications, A Beautiful,
by Anna Howell Clarkson, by CELIA
A. M. CURRIER, 531
Linn, William Alexander, The Story
of the Mormons, by ARTHUR D. CROM-
WELL, 246
Loos, ISAAC A. , Bulletin of Iowa Insti-
tutions, edited by the Board of Con-
trol, 235; The Political Ideas of Mod-
ern Japan, by Karl Kiyoshi Kawa-
kami, 538
LORENZ, MAX O., Die Deutschen von
Iowa und deren Errungenschaften, by
Joseph Eiboeck, 108
Louisiana Purchase, The History of the,
by James K. Hosmer, by PAUL S.
PEIRCE, 110
Loyalists in the American Revolution,
The, by Claude Halstead Van Tyne,
by ARTHUR D. CROMWELL, 414
Luetscher, George D., Early Political
Machinery in the United States, by
FRANK EDWARD HORACK, 539
Mac Donald, William, The Government
of Maine, by F. H. GARVER, 408
Maine, The Government of, by William
Mac Donald, by F. H. GARVER, 408
Marquette, Father, by Reuben Gold
Thwaites, by LAENAS GIFFORD WELD,
124
Marshall, John, Life, Character, and
Judicial Services, compiled and ed-
ited by John F. Dillon, by EMLIN
MCCLAIN, 404
Martin, W. B., Iowa Official Register,
by MARGARET BUDINGTON, 255
MCCLAIN, EMLIN, Proceedings of the
Iowa Bar Association, published by
the Association, 231
EMLIN McCLAiN, John Marshall, Life,
Character and Judicial Services, com-
piled and edited by John F. Dillon,
404
Morey, William C., The Government of
New York, Its History and Adminis-
tration, by H. G. PLUM, 410
Mormons, The Story of the, by William
Alexander Linn, by ARTHUR D.
CROMWELL, 246
OF HISTORY AND POLITICS
581
Mississippi, Early Voyages Up and
Down the, by Cavelier, etc., with in-
troduction, notes, and index, by
John Gilmary Shea, by LAENAS GIF-
FOKD WfiLD, 259
MITCHELL, J. F., Studies in United
States History, by Sara M. Riggs, 255
New France and New England, by John
Fiske, by LAENAS GIFFORD WELD,
238
New York, The Government of, Its His-
tory and Administration, by William
C. Morey, by H. G. PLUM, 410
Organization and Control of Industrial
Corporations, The, by Frank Edward
Horack, by HARRY G. PLUM, 534
Organization of Political Parties, De-
mocracy and the, by M. Ostrogorski,
by BENJAMIN F. SHAMBAUGH, 539
Ostrogorski, M., Democracy and the
Organization of Political Parties, by
BENJAMIN F. SHAMBAUGH, 539
PARISH, LEONARD WOODS, The Statute
Laws of the Territory of Iowa, 1838-
39, reprinted by the Historical De-
partment of Iowa, 113; Journal of the
Council and House of Representatives
of the Second Legislative Assembly of
the Territory of Iowa (Special Ses-
sion), published by the Historical
Department of Iowa, 113
Park and Forestry Association, Pro-
ceedings of the Iowa, published by the
Association, by T. J. FITZPATRICK,
536
PEIRCE, PAUL S., The History of the
Louisiana Purchase, by James K.
Hosmer, 110
Phillips, Ulrich Bonnell, Georgia and
State Eights, by F. I. HERRIOTT, 248
Pioneer Law Makers' Association of
Iowa, Proceedings of the, by PETER
A. DEY, 252
PICKARD, JOSIAH L., The Iowa Histori-
cal Record, Vols. I to XVIII, The
State Historical Society of Iowa, 112
PLUM, HARRY G., Annual Report of the
American Historical Association for
the Year 1901, Vol. 1, 240; The Iowa
Band, by Rev. Ephraim Adams, 105;
The Government of New York, Its
History and Administration, by Wil-
liam C. Morey, 410; The Organization
and Control of Industrial Corpora-
tions, by Frank Edward Horack, 534
Political Ideas of Modern Japan, The,
by Karl Kiyoshi Kawakami, by
ISAAC A. Loos, 538
Political Machinery in the United States,
Early, by George D. Luetscher, by
FRANK EDWARD HORACK, 539
Political Parties, Democracy and the
Organization of, by M. Ostrogorski,
by BENJAMIN F. SHAMBAUGH, 539
Proceedings of the Iowa Bar Associa-
tion, published by the Association,
by EMLIN MC€LAIN, 231
Proceedings of the Iowa Park and For-
estry Association, The, published by
the Association, by T. J. FITZPAT-
RICK, 536
Proceedings of the Pioneer Law Makers?
Association of Iowa, by PETER A.
DEY, 252
Reed, Major David W., Campaigns and
Battles of the Twelfth Regiment Iowa
Veteran Volunteer Infantry, by JOS-
EPH W. RICH, 541
Record, The Iowa Historical, Vols. I to
XVIII, The State Historical Society
of Iowa, by JOSIAH L. PICKARD, 112
Register, Iowa Official, compiled by W.
B. Martin, published by the State,
by MARGARET BUDINGTON, 255
Report of the American Historical Asso-
ciation for 1901, Annual, Vol. I, by
HARRY G. PLUM, 240
Report of the Public Archives Com-
mission, by F. I. HERRIOTT, 250
Revolution, The Loyalists in the Amer-
ican, by Claude Halstead Van Tyne,
by ARTHUR D. CROMWELL, 414
Rhode. -Island — Its Making and Its
Meaning, by Irving Berdine Rich-
man, with introduction by James
Bryce, by WILLIAM CRAIG WILCOX,
114
582
THE IOWA JOURNAL
RICH, JOSEPH W., Campaigns and Bat-
tles of the Twelfth Regiment Iowa
Veteran Volunteer Infantry, by Major
David W. Reed, 541
RICHMAN, IRVING B., History of the Con-
stitutions of Iowa, by Benjamin F.
Shambaugh, 116
Richman, Irving B., Rhode-Island — Its
Making and Its Meaning, by WIL-
LIAM CRAIG WILCOX, 114
RICHARDS, HARRY S., Laws of the Ter-
ritory of Iowa, 1839, 1840, reprinted
by the Historical Department of
Iowa, 241
Riggs, Sara M., Studies in United States
History, by J. F. MITCHELL, 255
Shambaugh, Benjamin F., History of
the Constitutions of Iowa, by IRVING
B. RICHMAN, 116
SHAMBAUGH, BENJAMIN F., History of
the United States, by Francis Newton
Thorpe, 121; Democracy and the Or-
ganization of Political Parties, by
M. Ostrogorski, 539; Actual Govern-
ment as Applied under American Con-
ditions, by Albert Bushnell Hart, 533
Shea, John Gilmary, Early Voyages
up and down the Mississippi, by Cav-
elier, etc. , by LAENAS GIFFORD WELD,
259
State Rights, Georgia, and, by Ulrich Bon-
nell Phillips, by F. I. HERRIOTT, 248
Statute Laws of the Territory of Iowa,
The, reprinted by the Historical De-
Department of Iowa, by LEONARD
WOODS PARISH, 113
Story of the Mormons, The, by William
Alexander Linn , by ARTHUR D .
CROMWELL, 246
Studies in United States History, by
Sara M. Riggs, by J. F. MITCHELL, 255
Supplement to the Code of Iowa, pub-
lished by the State, by HORACE E.
DEEMER, 118
Territory of Iowa, Laws of, 1839-1840,
reprinted by the Historical Depart-
ment of Iowa, by HARRY S. RICH-
ARDS, 241
Texas, by George P. Garrison, by AL-
LEN JOHNSON, 406
Thorpe, Francis Newton, The Constitu-
tional History of the United States, by
BENJAMIN F. SHAMBAUGH, 121
Thwaites, Reuben Gold, Daniel Boone,
by WILLIAM CRAIG WILCOX, 122;
Father Marquette, by LAENAS GIFFORD
WELD, 124
United States, Early Political Machin-
ery in the, by George D. Luetscher,
by FRANK EDWARD HORACK, 539
United States, The Second Bank of the,
by Ralph C. H. Catterall, by WIL-
LIAM CRAIG WILCOX, 529
United States, The Constitutional His-
tory of, by Francis Newton Thorpe,
by BENJAMIN F. SHAMBAUGH, 121
United States History, Studies in, by
Sara M. Riggs, by J. F. MITCHELL, 255
Van Tyne, Claude Halstead, The Loyal-
ists in the American Revolution, by
ARTHUR D. CROMWELL, 414
Voyages Up and Down the Mississippi,
Early, by Cavelier, St. Cosme, etc.,
with introduction and notes by John
Gilmary Shea, by LEANAS GIFFORD
WELD, 259
WARD, DUREN J, H., Historic Highways
of America, by Archer Butler Hul-
bert, 243
WELD, LAENAS GIFFORD, Father Mar-
quette, by Reuben Gold Thwaites, 124;
New France and New England, by
John Fisk, 238; Early Voyages Up
and Down the Mississippi, by Cavelier,
St. Cosme, etc., with introduction,
notes, and index, by John Gilmary
Shea, 259; Exploration of the Great
Lakes in 1669-1670, edited by James
H. Coyne, 411
WILCOX, WILLIAM CRAIG, The Second
Bank of the United States, by Ralph
C. H. Catterall, 529; Rhode Island-
Its Making and Its Meaning, by Irv-
ing B. Richman, with an introduc-
tion by James Bryce, 114; Daniel
Boone, by Reuben G. Thwaites, 122
YOUNG, ALICE, The Conquest: The
True Story of Lewis and Clark, by
Eva Emery Dye, 237
INDEX TO NOTES AND COMMENT
NOTE — Titles of articles and publications are printed in italics.
Administration of Iowa, The, a thesis
by Harold M. Bowman, fellow at
Columbia University, 265
Aldrich, Charles, reminiscences by, in
Webster City papers, 264
Amana Society, articles on, 128, 129
American Antiquarian, editorial on
prehistoric relics in Mississippi Val-
ley in, 544
American Historical Magazine and Ten-
nessee Historical Quarterly, plea for
preservation of State archives in,
265
American Historical Association, Re-
port of, Frontier Land Clubs or Claim
Association in, 126
American History, The Course of, an
address by Woodrow Wilson, 268
Annals of Iowa, completion of fifth
volume of, 265
Archives and History, Department of,
in Mississippi and Alabama, 265
Associated Charities of Des Moines,
sketch of, 421
Athens (Iowa), battle of, celebration
of, 129
Beardshear Memorial Volume, an-
nouncement of, 546
Black Hawk War, The, by Frank E.
Stevens, 416
Bowman, Harold M., author of mono-
graph on The Administration of Iowa,
A Study in Centralization, No. 1,
Vol. XVIII of Columbia Studies in
History, Economics and Public Law,
543
Bowker, R. R., compiler of list of the
publications of the State of Iowa, 419
Brown, Timothy, soldier of American
Revolution, monument at Washing-
ton, Iowa, erected to memory of, 549
Budington, Margaret, elected as Acting
Librarian and Cataloguer of the State
Historical Society of Iowa, 127
Buffalo Historical Society, Publications
of, Volume V, 267
Byers, Lawrence Marshall, elected pro-
fessor in College of Law at State
University of Iowa, 419
Chariton (Iowa), library building at,
room for local historical society set
aside in, 416
Colonial Dames of America, The Iowa
Society of, announcement of prize
offer by, 270
Collections of the State Historical So-
ciety of Wisconsin, Vol. XVI, 131
Company B of Davenport, by George
Cram Cook, 551
Coming into Iowa, article by George C.
Duffield in Annals of Iowa, 547
Conference of Charities and Correc-
tions, sketch of Iowa, 132
Conner, J. E., appointed instructor in
commerce and finance at University
of Iowa, 130
Course of American History, The, an
address by Woodrow Wilson, 268
Daughters of the American Revolution,
Pilgrim Chapter of, lecture on Early
Iowa before, 544; Abigail Adams
Chapter of, marking site of old Et.
Des Moines by, 545
Death Eeturns in Iowa's Cities and the
Profession, article in Iowa Medical
Journal, by F. I. Herriott, 547
584
THE IOWA JOURNAL
Department of Archives and History in
Mississippi and Alabama, 265
Dodge, Grenville M., letter from, on
Hampton Roads Conference, 422; an
address in pamphlet form by, 262
Drummond Memorial Tablet at College
of Blind, 262
Dye, Mrs. Eva Emery, author of The
Conquest, began historical studies in
the library of the State Historical
Society of Iowa, 263
Early Iowa, a lecture on, before Pil-
grim Chapter of Daughters of Amer-
ican Revolution, 544
Evolution of the American System of
Protective Tariffs, by J. W. Rich, in
Iowa City Republican, 266, 418
Evolution of the Judicial Opinion, The,
paper by Judge Emlin McClain at
American Bar Association, 264
Franklin, Benjamin, addresses on, be-
fore the Grant Club, by Allan Daw-
son and Wallace R. Lane, 264
Frontier Land Clubs or Claim Associa-
tions, notice of paper on, in Annual
Report of the American Historical As-
sociation for 1900, 126
Fitzpatrick, T. J., author of Bibliog-
raphy of the Scientific Literature of
Iowa, 550
Five Hundred Farmers — an Economic
Experiment in Iowa, article by W. S.
Harwood in Century (May 1903), 418
Ft. Des Moines, site of, to be marked by
Daughters of the American Revolu-
tion, 545
Garrett, T. Mauro, life member of the
State Historical Society of Iowa,
death of, 269
Gear, Mrs. John Henry, death of, 129
Gilbert, Barry, appointed professor of
Law at University of Iowa, 549
Grand Army of the Republic, Iowa
Dept., encampment of, 546
Grant Club, addresses before, 264
Grimes, James W., pamphlets and doc-
uments of, in Burlington public li-
brary, 417
Grimes, James W., letter of acceptance
by, on election to office of president
of State Historical Society of Iowa,
551
Grinnell, semi - centennial annivers-
ary of the founding of, 544
Griswold, George, an Iowa pioneer,
death of, 130
Haddock, William J., author of Novels
and Pictures and The Prairies of
Iowa, 128
Hamilton, Alexander, addresses on, be-
fore the Grant Club, by H. H. Stipp
and J. U. Sammis, 264
Hampton Roads Conference, letter
from Grenville M. Dodge on, 422
Harbert, A. N., fund for "Drummond
Memorial Tablet" raised by, 262
Harpers'1 Weekly, article on The Iowa
Idea in, 264
Henderson, David B., bronze statue of,
unveiled at Clermont, Iowa, 417
Herriott, Frank Irving, appointed pro-
fessor of economics and 'political
science at Drake University ( Des
Moines), 420
History of Iowa From the Earliest of
Times to the Beginning of the Twen-
tieth Century, notice of publication
of, 130
History of the Sixth Iowa Regiment, by
General Henry H. Wright, 418
Horack, Frank Edward, appointed in-
structor in political science at the
State University of Iowa, 127 ; elected
custodian of the State Historical
Society of Iowa, 128
Horn, Charles H., appointed instructor
in history at Iowa College (Grin-
nell), 132
Human Races, The, a sketch of classifi-
cation by Duren J. H. Ward, 267
Icarian Community, The, an article by
Charles Gray in Annals of Iowa, 547
Indians of Iowa, article by Charles A.
Clark, in Annals of Iowa, 547
Industrial Corporations, The Organiza-
tion and Control of, monograph by
OF HISTORY AND POLITICS
585
Dr. F. E. Horack, Secretary of State
Historical Society, 549
Industrial Revolution, The, lectures on,
by Professor Isaac A. Loos, 546
Ingham, W. H., author of The Iowa
Northern Border Brigade of 1862-3,
in Annals of Iowa, 126
Institutional Expenditures in the State
Budgets of Iowa, an article by Dr.
Frank I. Herriott, in the Bulletin of
Iowa Institutions, 263
Internal Improvements in North Caro-
lina, a monograph by Charles Wea-
ver, 547
Illinois State Historical Library, Col-
lections of, Vol. I, 550
Iowa, in the American Commonwealth
Series, by Albert Shaw, 262
Iowa Fugitive Slave Case, article in
Annals of Iowa for April, 1903, 547
Iowa Indian Grammar, An, a rare vol-
ume in possession of Mr. A. N. Har-
bert, 266
Iowa Idea, The, article in Harpers'1
Weekly, 264
Iowa Library Commission, influence of,
264
Iowa Library Commission, quarterly
of the, change of name of, 264
Iowa Northern Border Brigade of 1862-
3, The, in Annals of Iowa, 126
Jefferson, Thomas, addresses on, before
the Grant Club, by A. B. Cummins
and W. W. Witmer, 264
Judicial Opinion, The Evolution of the,
a paper by Judge Emlin McClain be-
fore American Bar Association, 264
Kent, Chancellor, article on, by John
F. Dillon in Columbia Law Review,
547
Land Clubs or Claim Associations,
Frontier, notice of paper on, 126
League of Iowa Municipalities, The,
sketch of, 133
Lincoln, Abraham, bronze statue of,
unveiled at Clermont, Iowa, 417; let-
ter of, bearing on political history of
Iowa, 551
Loos, Isaac A., represented University
of Iowa at conference on higher com-
mercial education at Ann Arbor,
263
Macy, Prof. Jesse, granted leave of ab-
absence, 546
John Marshall, addresses on, before
the Grant Club, by Emlin McClain
and J. A. McCall, 264
Masonic Library, the "Iowa Alcove"
in, 268
Messages and Proclamations of the Gov-
ernors of Iowa, announcement of pub-
lication of, 126
Messages and Proclamations of the Gov-
ernors of Iowa, Vol. I, 262
Messages and Proclamations of the Gov-
ernors of Iowa, Vol. II, 416
Messages and Proclamations of the Gov-
ernors of Iowa, Vol. IV, 543
Messages and Proclamations of the Gov-
ernors of Iowa, Vol. V, 544
Midland Municipalities, article on The
League of Iowa Municipalities by
Dr. Frank E. Horack reprinted in
May number of, 417; editorial on
gradual elimination of party politics
in municipal elections in, 418; con-
tents of March, 1903, number of, 419;
contents of February, 1903, number
of, 267
Missionery Ridge, monument to Sixth
Iowa Kegiment erected at, 127
Missouri, State Historical Society of,
establishment of, 267
Mitchell, T. W., appointed assistant
instructor in economics and statis-
tics at University of Iowa, 132
Mosnat, J. J., member of State Histor-
ical Society of Iowa, death of, 419
Municipal Movements, The National-
ization of, article by Clinton Rogers
Woodruff, in Annals of the American
Academy of Political and Social
Science, 263
National Political Science Association,
organization of a, under advisement,
265
586
THE IOWA JOURNAL
National Politics, an address before the
Grant Club, by Sidney A. Foster, 264
Newbold, Ex-Gov. Joshua, sketch of
life of, 422
New Hampshire Historical Society, The
Proceedings of the, Pt. I of Vol. IV, 545
Ohio Archaeological and Historical So-
ciety, publications of the, 546
Organization and Control of Industrial
Corporations, The, monograph by Dr.
F. E. Horack, Secretary of the State
Historical Society of Iowa, 549
Parish, L. W., author of Studies and
Exercises in Economics, 420
Party Politics in Indiana During the
Civil War, a paper by Prof. James
A. Woodburn before the American
Historical Association, 263
Peirce, Dr. Paul S., appointed instruc-
tor in history at the University of
Iowa, 132
P. E. O. Society, program of, on Iowa
History, 544
Pioneer Protection from Horse Thieves,
an article by James E. Parker in
Annals of Iowa, 547
Pioneer days, an extract from address
by President Roosevelt, 545
Plum, Harry G., promoted to position
of professor of European history at
University of Iowa, 127
Political Science Club (Iowa), officers
of, 264; list of papers read before, in
1902-03, 268; 416
Pollock, Sir Frederick, lectures by, at
University of Iowa by, 417
Prairies of Iowa, The, by William J.
Haddock, 128
Publicity in our Local Finance, an
article by F. I. Herriott in Annals
of Iowa, 547
Richinan, Irving B., author of Ehode
Island, Its Making and Its Meaning;
Appenzell; and John Brown Among
the Quakers, 129
Roberts, Dr. V. H. appointed professor
in law and political science at
Drake University (Des Momes), 131
Roosevelt, President, extract from St.
Louis speech, 545
Safety Appliances on the Railroads, an
article by L. S. Coffin in Annals of
Iowa, 266
Salter, Dr. William, presentation of
portrait of, to the Historical Depart-
ment of Iowa, 131
Semi-centennial anniversary of the
founding of Grinnell (Iowa), 544
Scandinavian born population of Iowa,
statistics relative to, by C. F. Wen-
nerstrum, 418
Schaffner, Dr. Margaret A., appointed
instructor in sociology and econom-
ics at the University of Iowa, 131
Shaw, Albert, author of Iowa, in the
American Commonwealth Series, 262
Shepherd, Charles, soldier of American
Revolution, monument erected at Mt.
Pleasant, Iowa, in memory of, 550
Sherman, General William T., Personal
Recollections of, an address by Major-
General Grenville M. Dodge, 262
Sprague, Damon N., an Iowa pioneer,
death of, 130
State Historical Society of Iowa, let-
ter of Grimes accepting presidency
of, 551; New York and Missouri news-
papers secured by, 547; officers of,
416, 417; publications of, 126; the
work of, a paper on, 549; 24th bien-
nial report of, 543
State Historical Society of Missouri,
establishment of, 267; appropriation
for, 545
St. Louis Exposition, Iowa history at,549
Story of the Forty-ninth, The, by Cap-
tain J. E. Whipple, 267
Studies and Exercises in Economics, by
Prof. L. W. Parish, 420
Thomas, Simeon E., former custodian
of the State Historical Society of
Iowa, 128
Todhunter, Lewis, an Iowa pioneer,
death of, 129
Trevelyan, Sir George Otto, completion
of American Revolution by, 265
OF HISTORY AND POLITICS
587
Trust Finance, by Edward S. Meade,
650
Tyler, Alice S., secretary of Iowa
Library Commission, 269
Vital Statistics, an article by F. I. Her-
riott in Iowa Medical Journal, 547
Ward, Duren J. H., author of The Hu-
man Races, a sketch of classifications,
267; study of Iowa mounds by, 544
Webster, Daniel, addresses on, before
the Grant Club, by J. C. Davis and
Horace E. Deemer, 264
Wennerstrum, C. F., compilation of
statistics relative to Scandinavian
born population of Iowa, 418
West and Nationality, The, a paper by
Prof. John L. Stewart before Ameri-
can Historical Association, 263
Western history, two papers on, before
American Historical Association, 263
Whipple, Captain J. E., author of The
Story of the Forty-ninth, 267
White, Andrew D., on study of public
affairs. 420
Wilcox, William Craig, lectures by,
under the auspices of the University
of Chicago, 266; elected to chair of
American history at University of
Iowa, 126; university extension lect-
ures by, 548
Wilson, Woodrow, an address by, on
The Course of American History, 268
Wisconsin, Collections of the State His-
torical Society of, Vol. XVI, 131
Wood, Harriet A., librarian of public
library at Cedar Rapids, Iowa, 551
•f
Iowa journal of history
175
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