RE-ORGANIZING THE LAW IN 1834.
   When the colony at Burlington had assumed sufficient size to warrant the thought of adopting legal restraints, the pioneers found themselves under the governmental control of the Territory of Michigan. In that year, this region was attached to Michigan Territory, for judicial purposes, and, in the spring of 1834, instructions were sent to Mr. Ross, from Detroit, to organize Des Moines County. The new county was composed of the territory south of Rock Island to the mouth of the Des Moines River, and thence west, along the Missouri line, for fifty miles. The tract was fifty miles wide. The necessary laws and documents were received by Mr. Ross, and, as organizing officer, he gave notice of the impending election by advertising in suitable manner. The officers chosen at the first election, in the fall of 1834, were as follows: Col. William Morgan was elected Supreme Judge, and Henry Walker and Young L. Hughes, Assistants of District Court, which was the highest court in Iowa at the time; Col. W. W. Chapman was prosecuting Attorney; W. R. Ross, Clerk; Solomon Perkins, Sheriff; John Barker, Justice of the Peace; W. R. Ross, Treasurer and Recorder; John Whitaker, Probate Judge; Leonard Olney, Supreme Judge; John Barker and Richard Land, Justices of the Peace, the latter appointed by the Governor of Michigan Territory.
   In October, 1835, Hon. George W. Jones was elected Delegate to Congress from the Territory of Michigan. Mr. Jones was interested in the development of the great Western wilderness, and favored the erection of a new Territory west of the lakes. He worked for that purpose in Congress, and was successful. Apropos of his achievement in that direction is here given an anecdote concerning his adroit avoidance of Mr. Calhoun’s opposition to his bill:
   The Hon. George W. Jones, or the General, as he is more familiarly known at home, was a great ladies’ man. Knowing the opposition to his territorial bill on the part of Mr. Calhoun, and that a speech from that distinguished statesman would defeat it, he set his wits to work to procure the absence of Mr. C. when the bill would be called up. To accomplish this, he paid very marked attention to a lady friend of Mr. Calhoun, then at the capital, and was so kind, polite and entertaining that she, feeling under obligations to him for the same, inadvertently expressed the hope that circumstances might throw it in her way to render him some service. This was just what the General wanted, and he immediately said, “You can, if you will, do me the greatest favor in the world,” and went on to explain the “Territorial Bill,” and the opposition of Mr. Calhoun thereto. “Now,” said the General, “it will come up on such a day, and when I send you my card, call out Mr. C., and, on some pretext, keep him out an hour or two.” She consented and carried out the arrangement, and during that absence the bill was passed, and Mr. Calhoun did not have an opportunity to oppose it.

WISCONSIN TERRITORY FORMED.
   April 20, 1836, the bill crating the Territory of Wisconsin was approved. Gov. Henry Dodge was appointed to the Executive office by President Jackson. The first proclamation was issued by him September 9, 1836, convening the Legislature at Belmont on the 25th of October. A delegate in Congress was ordered elected at the same time as the legislators were chosen.
   The counties of Dubuque and Des Moines then contained 10,521 population, as was shown by the census ordered by Gov. Dodge. Belmont Legislature.
   The election was ordered to be held on the second Monday (not the first, as stated by some writers) in October. The Belmont Legislature convened, as required, October 25, 1836, and was composed of the following member, as shown by the official report printed in 1836:
   Brown County—Council, Henry S. Baird, John P. Arndt; House, Ebenezer Childs, Albert G. Ellis, Alexander J. Irwin.
   Milwaukee County—Council, Gilbert Knapp, Alanson Sweet; House, William B. Sheldon, Madison W. Cronwall, Charles Durkee.
   Iowa County—Council, Ebenezer Brigham, John B. Terry, James R. Vineyard; House, William Boyles, G. F. Smith, D. M. Parkinson, Thomas McKnight, T. Shanley, J. P. Cox.
   Dubuque County—Council, John Foley, Thomas McCarney, Thomas McKnight;House, Loring Wheeler, Hardin Nowlin, Hosea T. Camp, P. H. Engle, Patrick Quigley.
   Des Moines County—Council, Jeremiah Smith, Jr., Joseph B, Teas, Arthur B. Inghram; House, Isaac Leffler, Thomas Blair, Warren L. Jenkins, John Box, George W. Teas, Eli Reynolds, David R. Chance. Wisconsin Judiciary.
   The second act passed by the Legislature provided for the establishment of Judicial Districts. Charles Dunn was Chief Justice of the Supreme Court of Wisconsin, and performed judicial duties in the First District; David Irwin, Associate Justice, in the Second District; and William C. Frazier, Associate Justice, in the Third District.

THE TEMPORARY SEAT OF GOVERNMENT.
   The eleventh bill passed was one fixing upon Madison as the permanent seat of government of Wisconsin, and selecting Burlington as the temporary seat, pending the erection of suitable buildings in Madison. The story of this bill is interesting, since it effected the destiny of Burlington in no slight degree.
   When Wisconsin was created, Dubuque sought to secure the seat of government. Those engaged in that effort were not far-seeing enough to perceive the transient character of the boundaries of Wisconsin, as first defined. The location of Dubuque was, by chance, near the geographical center of the immense region embraced in the original Territory, and failed to realize that the ultimate division of the country would be marked by the two great rivers. The paper at Dubuque, and the leading men, endeavored to persuade the Legislature that the proper locality for the seat was there; but wiser councils prevailed. Burlington, by uniting with the eastern counties, held the power necessary to decide the question. Perhaps reciprocal promises were made by the Burlington delegation, and perhaps not; of that we have no clear evidence but one thing is certain, when the voting came on, Des Moines County, with its ten votes, joined the eastern counties and carried the bill, fixing the permanent seat at Madison. A clause was inserted in the bill providing, “That, until the public buildings at the town of Madison are completed—that is to say, until the 4th day of March, 1839—the sessions of the Legislative Assembly of Wisconsin Territory shall be held at the town of Burlington, in the county of Des Moines, provided the public buildings are not sooner completed.” Congress had appropriated a sum of money for the erection of those buildings and the purchase of a library. The clause was a wise one for Des Moines, since nature had foreordained the division of Wisconsin at the Mississippi River, and the creation of a Territory, and ultimately a State, out of Des Moines and Dubuque. By forfeiting all pretense of claim to permanency, Burlington secured the temporary seat of Wisconsin, and thereby held the nine points of possession on the capital of the future State. Of course, no one asserted the possibility of Burlington holding the seat of Iowa after the development of the region; but the purpose was to advertise Burlington to the country, and profit by the prestige of being the most prominent locality at the start. It was a shrewd piece of figuring, and worked great good to the new aspirant for settlers’ favor. At the same time it secured the seat away from its natural rival Dubuque.

THE FIRST ROAD WEST OF THE RIVER.
   Act No. 20 of the Legislature provided for the establishment of a territorial road west of the Mississippi River, commencing at the village of Farmington, then to be the seat of Van Buren County; thence to Moffit’s Mill; thence direct to Burlington; thence to Wapello; thence to Dubuque, and thence on to Prairie du Chien. The Commissioners were Abel Galland, Solomon Perkins, Benjamin Clarke, Adam Sherrill, William Jones and Henry F. Lander.

SUBDIVISION OF OLD DES MOINES.
   Act No. 21 was the next important bill (after one locating the seat of government) passed by the Legislature so far as the county of Des Moines was concerned. It is here given in full:
   An Act dividing the County of Des Moines into several new Counties:
   Section 1. Be it enacted by the Council and house of Representatives of the Territory of Wisconsin, That the country included within the following limits, to wit: Beginning at the most southern outlet of Skunk River, on the Mississippi; thence, a northern direction passing through the grove on the head of the northern branch of Lost Creek and thence, to a point corresponding with the range line dividing Ranges Seven and Eight; and thence, south with said line to the Des Moines River; thence, down the middle of the same to the Mississippi, and thence up the Mississippi to the place of beginning, be and the same is hereby set off into a separate county, by the name of Lee.
   Sec. 2. Be it further enacted, That the country included in the following boundaries, to wit: Beginning at the northeast corner of Lee; thence south with the west line of said county, to the river Des Moines; thence, up the same to where the Missouri line strikes the same; thence, west with the said Missouri boundary line to the Indian boundary line; thence north with the said boundary line twenty-four miles; thence east to the beginning, be and the same is hereby set off into a separate county, by the name of Van Buren.
   Sec. 3 Be it further enacted, That the country included within the following limits, to wit: Beginning on the Mississippi River at the northeast corner of Lee; thence, up said river to a point fifteen miles above the town of Burlington, on the bank of said river; thence, on a weasterly direction to a point on the dividing ridge between the Iowa River and Flint Creek, being twenty miles on a due west line from the Mississippi River; thence a southerly direction so as to intersect the northern line of the county of Lee at a point twenty miles on a straight line from the Mississippi River thence, east with the northerly line of the said county of Lee to the beginning, be and the same is hereby set off into a separate county, by the name of Des Moines.
   Sec. 4. Be it further enacted, That the country included within the following limits, to wit: Beginning at the southwest corner of Des Moines; thence, northwest with the line of the said county of Van Buren, to the Indian boundary line; thence north with the boundary line, twenty-four miles; thence, southeast to the northwest corner of the county of Des Moines; thence, south with the west line of the county Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Henry.
   Sec. 5. Be it further enacted, That the country included within the following limits, to wit: Beginning at the Mississippi River, at the northeast corner of Des Moines; thence, up the said river twelve miles above the mouth of Iowa; thence west to the Indian boundary line; thence, with said boundary line to the northwest corner of Henry; and with the line of the same to the northwest corner of the county of Des Moines; thence, east with the line of the same county of Des Moines to the beginning, be and the same is hereby set off into a separate county, by the name of Louisa.
   Sec. 6. Be it further enacted, That the country included within the following boundaries, to wit: Beginning on the Mississippi River at the northeast corner of the county of Louisa; thence, up said river twenty-five miles on a straight line; thence west to the Indian boundary line; thence with said boundary line south to the northwest corner of the county of Louisa; thence east with the line of, said county of Louisa to the beginning, be and the same is hereby set off into a separate county, by the name of Musquitine.
   Sec. 7. Be it further enacted, That the country included within the following boundaries, to wit: Beginning on the Mississippi River, at the northeast corner of the county of Musquitine, thence up said river to the southeast corner of Du Buque; thence with the line of the said county of Du Buque to the Indian boundary line; thence with said line south to the northwest corner of the country of Musquitine; thence east with the said line of the said county of Musquitine to the beginning, be and the same is hereby set off into a separate county, by the name of Cook.
   Sec. 8. Be it further enacted, That the District Court shall be held at the town of Madison, in the county of Lee, on the last Monday in March and on the last Monday in August in each year; in the town of Farmington, in the county of Van Buren, on the second Monday in April and the second Monday in September of each year in the town of Mount Pleasant, in the county of Henry, on the first Friday after the second Monday in April and September in each year; in the town of Wapello, in the county of Louisa, on the first Thursday after the third Monday in April and September in each year; in the town of Bloomington, in the county if Musquitine, on the fourth Monday in April and September in each year.
   Sec. 9. Be it further enacted, That the county of Cook be and the same is hereby attached to the county of Musquitine, for all judicial purposes.
   Sec. 10. And Be it further enacted, That the proper authority of the several counties hereby established, so soon as the said counties shall be organized, shall liquidate and pay so much of the debt now due and unpaid by the present county of Des Moines, as may be their legal and equitable proportion of the same, according to the assessment value of the taxable property which shall be made therein.
Sec. 11. This act to be in force from and after its passage and until the end of the next annual session of the Legislative Assembly, and no longer.
P. H. Engle, Speaker of the House of Representatives.
Henry S. Baird, President of the Council.
H. Dodge.
Approved December 7, 1836.
   Act No. 38 authorized Matthias Hamm and Horace Smead to establish and operate a ferry across the Mississippi River from a point on the east side, on the southeast quarter of Section 20, Township 1 north, Range 2 west of the Fourth Principal Meridian, across to Eagle Point, or Hamm’s Landing, on the west bank.
   On the 12th of June, 1838, Gen. Dodge, as delegate in Congress from Wisconsin, succeeded in getting an act passed entitled “An act to divide the Territory of Wisconsin, and to establish the Territorial Government of Iowa.” This act took effect on the 3rd day of July following. In accordance with the provisions of the act, Ex-Gov. Robert Lucas, of Ohio, was appointed Governor of the Territory by Mr. Van Buren, the President of the United States. Gov. Lucas, on his arrival in the Territory, immediately issued a proclamation for an election of members to the first Legislative Assembly, and dividing the Territory into suitable districts for that purpose. It is stated by one authority that Secretary Conway arrive a day or two before Gov. Lucas, and that the proclamation was, in fact, issued by him.
   The election was held on the 10th day of September, 1838, and the Legislature, in accordance with the proclamation, met at Burlington on the first day of November of the same year.
   The Assembly was composed of a council of thirteen members, and a House of Representatives of twenty-six members.
   One of the members returned elected, Cyrus S. Jacobs, of Des Moines County, was killed in a unfortunate encounter in Burlington before the meeting of the Legislature, and George H. Beeler was elected to fill the vacancy. Samuel R. Murray, of Camanche, Clinton County, was returned as elected from the district composed of the counties of Scott and Clinton, but whose seat was successfully contested by J. A. Birchard, Jr., of Scott County. With these two exceptions the members returned elected, and proclaimed as such by the Governor, held their seats during the session. At that day national politics was little thought of in the Territory.
   Notwithstanding a large majority of the members of both branches of the Legislature were Democrats, yet Gen. Jesse B. Brown, of Lee Co. (Whig), was elected President of the Council, and Hon. William H. Wallace (afterward delegate from Idaho, and first Governor of that Territory), Whig, of Henry County, was elected Speaker of the House of Representatives, the former unanimously, and the latter with but little opposition; nevertheless, the session in many respects was a stormy one. Under the provisions of the organic law, the Governor had an unqualified veto, if he chose to exercise it, of all bills passed by the Legislature.
   The members thought he used the power rather too freely, and an exciting controversy was the result. The seat-of-government question, also, gave rise to much excitement. The friends of a central location favored the plan of the Governor, as recommended in his message; namely, the appointment of Commissioners, with a view of making a central location, while the southern members were in favor of Burlington, but finally withdrew that place, and united their forces on Mount Pleasant. The parties were very equally divided, and much excitement prevailed. The central party finally succeeded, however, and Robert Ralston, of Des Moines County, John Ronalds, of Louisa Count, and Chauncey Swan, of Dubuque County, were appointed Commissioners, under the law, who met at Napoleon, in Johnson County (the location chosen as the original county seat, but now a farm,) the following spring, and located the capital at Iowa City.
   The law provided that the seat of government should remain at Burlington till suitable buildings could be erected at the new location.
   At the election in September, for member of the Legislature, a Delegate to Congress was also elected. There were four candidates in the field for this office, viz: William W. Chapman and David Rorer, of Des Moines County, B. F. Wallace, of Henry County, and Peter Hill Engle, of Dubuque County. Mr. Chapman was elected, having beaten P. H. Engle by 36 majority. Mr. Engle afterward removed to St. Louis, where he was elected Judge of the Court, and died a few years since. He was a man of character and talent and would have been elected, but that his opponents circulated the report (which they doubtlessly believed) that he had been drowned in swimming the Maquoketa, to meet one of his opponents. an Indian rescued him from a watery grave. The vote at this election stood:

There were fifteen counties. Des Moines casting the highest—854. Johnson, Linn, Jones, Washington (the Slaughter) casting from thirty-five to twenty-seven votes each. Engle, Chapman and Rorer were Democrats, and Wallace was a Whig. The Territory included all the region to the northern boundary of the United States. Gen. Talliaferio lived at St. Peters (now St. Paul, Minnesota), and received the northern vote.
   The Federal appointments in the Territory, in addition to the Governor, were as follows, viz: Charles Mason, of Burlington, Joseph Williams, of Pennsylvania, and Thomas S. Wilson, of Dubuque, Judges of the Supreme and District Courts; Mr. Van Allen, of New York, United States Attorney; Francis Gehon, of Dubuque, United States Marshal; William B. Conway, of Pittsburgh, Secretary of the Territory; A. C, Dodge, of Burlington, Register, and V. P. Van Antwerp, of Terre Haute, Iowa, Receiver, of the land office at Burlington; Thomas McKnight,, Receiver, and ———— Worthington(?), Register, of the land office at Dubuque. Mr. Van Allen, the Attorney, died at Rockingham, Scott Co., soon after his appointment, and Col. Charles Weston was appointed in his place. Mr. Conway, the Secretary, also died at Burlington during the second session of the Legislature, and James Clarke, editor of the Gazette, was appointed to fill the vacancy. The first Register of the land office at Dubuque served but a short time, and resigned, and B. Rush Petrikin, of Pennsylvania, was appointed in his place. Many of these names are yet familiar to the people of Iowa, the gentlemen having since then filled stations of trust and honor.
   Politics did not enter into the elections till 1840. In that year, the Whigs and Democrats both held Territorial Conventions at Bloomington (Muscatine), and nominated candidates for Delegates to Congress. The Whigs nominated Alfred Rich, of Lee Co., and the Democrats, Gen. A. C. Dodge, of Des Moines Co., both popular and talented men. The contest was spirited on both sides, each party being thoroughly united. Gen. Dodge was elected.

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