NORTHWESTERN
IOWA
ITS HISTORY AND TRADITIONS
1804-1926
CHAPTER II.
THE EVOLUTION OF IOWA.
EARLY EXPLORATIONS IN AMERICA - THE “RIGHT OF DISCOVERY” - MARQUETTE
AND JOLIET - LA SALLE’S EXPEDITIONS - CONFLICTING INTERESTS - FRENCH
AND INDIAN WAR - GEN. GEORGE ROGERS CLARK - LOUISIANA PURCHASE -
TREATY OF PARIS - IOWA UNDER VARIOUS JURISDICTIONS - TERRITORY OF
IOWA - THE FIGHT FOR ADMISSION - ORGANIZATION OF COUNTIES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
In order that the reader may fully understand how the State of Iowa
came into existence, it is deemed appropriate to give a general
account of the events that preceded and wielded an influence in its
establishment. In 1493, the year following the first voyage of
Columbus to the Western Hemisphere, the pope granted to Spain
dominion over “all countries inhabited by infidels.” As the entire
continent of North America was then inhabited by savage tribes of
Indians, who might be regarded as “infidels” from the Catholic point
of view, this papal grant included in a vague way the region now
comprising the State of Iowa.
Three years later (1496) Henry VII of England granted to John Cabot
and his sons a patent of “discovery, possession and trade to all
lands they may discover and lay claim to in the name of the English
crown.” During the next five years the Cabots explored a large part
of England’s claim to all the central part of North America.
A little later the French Government sent Jacques Cartier on an
expedition to America. He discovered and laid claim to the Valley of
the St. Lawrence River and the country about the great Lakes, whence
the French pushed their explorations westward and southward to the
Mississippi and Ohio rivers. Thus at the beginning of the Sixteenth
Century three great European nations - Spain, England and France -
were engaged in making explorations and claiming dominion over
44 HISTORY OF NORTHWESTERN IOWA
certain portions of the newly discovered continent, each claiming
title to the disputed lands “by right of discovery.”
Spain’s papal grant was supplemented and strengthened by the
expedition of Hernando de Soto in 1540-42. In the spring of 1541 De
Soto discovered the Mississippi River, not far from the present City
of Memphis, Tennessee. While trying to reach the Spanish settlements
in Mexico he was stricken with fever and died, his body being buried
in the river he had discovered. A few of his men succeeded in
reaching Florida and upon their report Spain laid claim to “all the
land bordering upon the Grande River and the Gulf of Mexico.”
Claiming land “by right of discovery” did not clearly define the
boundaries and in course of time a conflict arose, each nation
charging others with trespassing upon its rights. In 1620 the
British Government, ignoring the grant of the pope and De Soto’s
explorations, issued a charter to the Plymouth Company, granting
that concern “all the lands between the fortieth and forty-eighth
parallels of north latitude from sea to sea.” This grant included
the entire present State of Iowa. A few years later the
Massachusetts Bay Company received a grant to a tract of land “one
hundred miles wide and extending from sea to sea.” In making this
grant the British crown not only failed to recognize Spanish claims,
but also ignored its previous grant to the Plymouth Company. Had the
lands of the Massachusetts Bay Company been surveyed, the northern
boundary of the one-hundred-mile strip would have crossed the
Mississippi near where McGregor now stands and the southern boundary
a little below Davenport.
Thus Iowa, or at least a portion of it, was claimed by both Spain
and England, but no effort was made by either nation to extend
settlement into the interior. France was more aggressive in
extending explorations and planting colonies. Port Royal was settled
in 1604, Quebec was founded by Samuel Champlain in 1608, and as
early as 1611 Jesuit missionaries were among the Indians on the
shores of Lake Michigan. In 1634 Jean Nicollet, agent of the
“Company of One Hundred,” an organization authorized by the King of
France to trade with the Indians, explored the western shore
HISTORY OF NORTHWESTERN IOWA 45
of Lake Michigan. He is said to have been the first white man to
make a report upon the region west of the Great Lakes.
MARQUETTE AND JOLIET.
During the first half of the Seventeenth Century the French -
especially the Jesuit missionaries - were active in establishing
friendly relations with the Indians in the Great Lakes country. In
1668 Fathers Allouz and Dablon founded the mission of St. Mary’s,
the oldest white settlement in the present State of Michigan. One of
the most active and influential of the Jesuit Fathers in America was
Jacques Marquette, who established the mission at Point St. Ignacio
in 1871. For many years this mission was regarded as the key to the
great unexplored West.
From the Indians Father Marquette heard reports of a great river to
the westward and was filled with a desire to test the truth of the
rumors. It was not until the early part of 1673 that he obtained the
consent of the Canadian authorities. He then hurried forward his
preparations at Michilimackinac and on May 13, 1873, accompanied by
Louis Joliet, explorer and topographer, and five voyageurs, with two
large canoes, the little expeditions left the mission. Ascending the
Fox River to the portage, they crossed over to the Wisconsin River,
down which they floated until June 17, 1673, when for the first time
in history white men beheld the Iowa bluffs near the present City of
McGregor. Turning their canoes down stream, they descended the great
Father of Waters, noting the landmarks as they passed along. On the
25th they landed on the west bank of the river “sixty leagues below
the mouth of the Wisconsin would throw the place of this landing
about where the Town of Montrose,
Lee County, now stands. It is generally believed that Marquette and
Joliet were the first white men to set foot upon Iowa soil.
Marquette and Joliet continued on down the river to about the mouth
of the Arkansas River, where they met with a tribe of Indians whose
language they could not understand, when they returned to Canada.
Joliet’s papers were lost by the upsetting of his canoe, but he
prepared from memory an
46 HISTORY OF NORTHWESTERN IOWA
account of the voyage and a map of the river. When these were
presented to the governor of Canada, that official became certain
that the Mississippi was a reality, and it was not long until steps
were taken to claim its basin in the name of France.
LA SALLE’S EXPEDITIONS.
In 1674, the year following the voyage of Marquette and Joliet,
Robert Cavelier, Sieur de la Salle, was granted the seigneury of
Fort Frontenac, where the City of Kingston, Canada, now stands. La
Salle was of an adventurous disposition and was anxious to explore
the river discovered by Marquette and Joliet. On May 12, 1678, Louis
XIV, then King of France, gave him authority to descend the river,
“find a port for the King’s ships in the Gulf of Mexico, discover
the western parts of New France, and find a way to penetrate
Mexico.” Late in that year La Salle made his first attempt to reach
and descend the river, but it ended in failure. Affairs at Fort
Frontenac then claimed his attention until December, 1681, when he
started upon what proved to be his successful expedition. he was
accompanied by his lieutenant, Henri de Tonti; Jacques de la Metarie,
a notary; Jean Michel, surgeon; Father Zenobe Membre, a Recollect
missionary; and “a number of Frenchmen bearing arms.”
It is not necessary here to recount all the trails and hardships of
this little expedition while passing through a wild, unexplored
country in the dead of winter. Suffice it to say that on April 8,
1682, La Salle and Tonti passed through two of the channels at the
mouth of the river, both reaching the Gulf of Mexico. The next day
La Salle took formal possession of “all the country drained by the
great river and its tributaries in the name of France, and conferred
upon the territory the name of Louisiana, in honor of Louis XIV.”
Under this claim, which was afterward acknowledged by the European
powers, Iowa became a dependency of France.
In the meantime La Salle had sent Father Louis Hennepin in 1680 on
an expedition from the mouth of the Illinois River to the headwaters
of the Mississippi. In April of that year Hennepin reached the Falls
of St. Anthony, where the City of Minneapolis, Minnesota, now
stands. Later he spent some
HISTORY OF NORTHWESTERN IOWA 47
time as a captive among the Indians. On April 8, 1689, Nicolas
Perrot took formal possession of the upper Mississippi Valley
(including Iowa), thus emphasizing the claim of La Salle seven years
before. As early as 1682 small trading posts were established at
Kaskaskia and Cahokia - the oldest settlements on the Mississippi.
During the next fifty years Louisiana was managed under charters
granted to Antoine Crozat and John Law. The latter’s scheme is known
in history as the “Mississippi Bubble.” In 1732 he surrendered his
charter and Louisiana again became a crown province of France.
CONFLICTING INTERESTS.
While France was trying to develop the resources of Louisiana
through the activities of Crozat and Law, the English were gradually
pushing the frontier of their civilization farther toward the west.
In 1667 the Hudson’s Bay Company was organized and on May 2, 1670,
it was granted a charter by the British crown. Within a short time
its traders and trappers were operating among the Indian tribes of
the interior, in spite of the French claim to the Mississippi Valley
and oblivious to the French protests against their trespasses. The
rivalry between the French and English traders soon brought about a
situation which embroiled the mother countries. The first open
rupture between France and England did not come, however, until
1753, when the French began building a line of forts down the Ohio
Valley to prevent the English from extending their settlements west
of the Alleghany Mountains.
On the other hand, the British Government had issued a charter to an
association known as the Ohio Company, including a large grant of
land on the Great Miami River and the right to trade with the
Indians. A fort was built by this company in 1750, near the site of
the present City of Piqua, but it was quickly destroyed by the
French. The company then began a new fort at the head of the Ohio
River (now Pittsburgh), and again they were driven out by the
French.
One of the French forts was located upon land claimed by Virginia
and Governor Dinwiddie sent George Washington, then only twenty-one
years of age, to demand an explana-
48 HISTORY OF NORTHWESTERN IOWA
tion of this invasion of English territory while the nations were at
peace. The reply was insolent and unsatisfactory. The following year
(1754) Washington, now a lieutenant-colonel in the Virginia militia,
was sent with a detachment of troops into the disputed territory.
Part of his orders was “to complete the fort already commenced by
the Ohio Company at the forks of the Ohio,” and “to capture, kill or
drive out all who attempted to interfere with the English posts.”
This order naturally aroused the indignation of France and in May,
1756, that nation formally declared war against Great Britain.
FRENCH AND INDIAN WAR.
The conflict which followed is known in European history as the
“Seven Years’ War,” and in America as the French and Indian War.” It
was concluded by the treaty of Fontainebleau (November 3, 1762), by
which France ceded to Great Britain all that part of Louisiana lying
east of the Mississippi River, “except the City of New Orleans and
the island upon which it is situated.”
On February 10, 1763, the treaty of Fontainebleau was confirmed by
the treaty of Paris. At the same time it was made known that, by a
secret agreement, “the City of New Orleans and the island upon which
it is situated, and all that part of Louisiana lying west of the
Mississippi, including the whole of the country to the headwaters of
the great river and west to the Rocky Mountains, is hereby ceded to
Spain.”
Thus, through the French and Indian war, France lost all her
possessions in that part of North America included in the United
States and Iowa became a Spanish possession. Practically all the
French inhabitants west of the river remained in the province as
Spanish subjects. Many of them afterwards became active in business
and public affairs. On the east side of the river it was different.
Many of the French in that region refused to acknowledge allegiance
to Great Britain and removed to the west side of the river.
GEN. GEORGE ROGERS CLARK.
When the Revolutionary war broke out in 1775, the British had
military posts at Kaskaskia and Cahokia, Illinois,
HISTORY OF NORTHWESTERN IOWA 49
and Vincennes, Indiana. Vincennes and Kaskaskia each numbered about
eighty houses, Cahokia and about fifty, and there was a small
settlement at Prairie du Rocher, just across the Mississippi from
St. Louis. Virginia claimed the territory in which these posts were
situated and upon the recommendation of Patrick Henry, then governor
of that colony, the Legislature fitted out an expedition in 1778 for
their reduction.
Gen. George Rogers Clark was selected to command the expedition and
before the summer was over all the posts were in the hands of the
Americans. Clark’s conquest of the Northwest was one of the most
thrilling campaigns of the Revolution. He was greatly aided by some
of the French who had refused to acknowledge the authority of Great
Britain and removed to the west side of the Mississippi fifteen
years before. As soon as it became certain that the American
colonies were to become involved in a war with the mother country,
many of these French people re-crossed the river and joined the
colonists in their struggle for independence.
Although Clark’s expedition had no direct effect upon the territory
comprising the State of Iowa, the capture of the British posts had
the effect of fixing the western boundary of the United States at
the Mississippi River in the treaty of 1783, which ended the
Revolutionary war and established the independence of the United
States. By thus extending the limits of the new republic to the
great Father of Waters, the way was opened for the acquisition of
territory west of that river. This acquisition came just twenty
years later in the
LOUISIANA PURCHASE.
To understand the reasons for the purchase of Louisiana by the
United States, it will be necessary to go back and notice some of
the events immediately following the Revolution. Soon after the
United States became a nation, a controversy arose with the Spanish
authorities of Louisiana over the free navigation of the Mississippi
River. The lower portion of the river lay entirely within Spanish
territory. Taking advantage of this, the Louisiana authorities
assumed control of the navigation of the entire river. Posts were
established at various places along the river and every de
4V1
50 HISTORY OF NORTHWESTERN IOWA
scending boat was compelled to land at these posts and submit to
arbitrary revenue charges, which materially decreased the profits of
the American trader. After much discussion and diplomatic
correspondence, the question was settled, temporarily at least, by
the treaty of Madrid, October 27, 1795, which provided that “The
Mississippi River, from its source to the Gulf, for its entire
width, shall be free to American trade and commerce, and the people
of the United States shall be permitted, for three years, to use the
port of New Orleans as a port of deposit, without payment of duty.”
During the three years following the conclusion of this treaty the
commerce of the settlements on the Ohio and Mississippi rivers
greatly increased. At the end of that period Spain showed a
disposition to return to the old order and the free navigation of
the Mississippi again became a subject of paramount importance to
the people of the United States. While the question was under
discussion the secret treaty of San Ildefonso, between France and
Spain, was concluded on October 1, 1800. By this treaty Spain agreed
to cede Louisiana back to France under certain conditions. The
secret treaty was confirmed by the treaty of Madrid (March 21,
1801), a copy of which was sent to President Jefferson by Rufus
King, then the United States minister to England. It was received by
the President on May 26, 1801.
The retrocession of Louisiana to France changed the whole situation,
as it now became necessary for the United States to Negotiate with
France for the free navigation of the Mississippi. In August, 1801,
Robert R. Livingston went to Paris as the American minister.
Immediately upon his arrival in Paris he asked Talleyrand, the
French prime minister, if Louisiana had been retro-ceded to France.
Talleyrand replied in the negative and in one sense of the word he
was correct, as the treaty of Madrid was not signed by the King of
Spain until in October, 1802. For some time President Jefferson and
his cabinet were kept in a state of suspense as to the status of
Louisiana and no progress was made toward the settlement of the
navigation question.
In his message to Congress at the opening of the session in 1802,
the President stated that the change in ownership
HISTORY OF NORTHWESTERN IOWA 51
of Louisiana would necessarily make a change in our foreign
relations, but did not explain what the nature of that change was to
be. On January 7, 1803, the lower house of Congress, acting upon the
President’s recommendation, adopted the following resolutions:
“Resolved, That it is the unalterable determination of the United
States to maintain the boundaries and rights of navigation and
commerce through the Mississippi River, as established by existing
treaties.”
About a week later Mr. Jefferson wrote to Mr. Livingston that if
France deemed Louisiana indispensable to her interests, she might
still be willing to cede to the United States the Island of Orleans
and the Floridas. Or, if unwilling to cede the island, she might be
induced to grant the right of deposit at New Orleans and the free
navigation of the Mississippi, as they had previously been under the
Spanish regime, and directed him to open negotiations with that end
in view. A few days after this letter was written, thinking the
cession of the island could probably be more easily accomplished by
sending an emissary direct from the United States for that purpose,
the President appointed James Monroe minister plenipotentiary, to
cooperate with Mr. Livingston. Monroe’s appointment was promptly
confirmed by the senate and Congress placed at his disposal the sum
of $2,000,000 to be used by him and Mr. Livingston to pay for the
island.
Before the arrival of Mr. Monroe in Paris, Mr. Livingston had opened
negotiations for the purchase of the Island of Orleans and West
Florida (believing the Floridas had been included in the treaty of
San Ildefonso). On April 11, 1803, Napoleon placed the entire matter
in the hands of the Marquis de Marbois, minister of the French
treasury. The same day Talleyrand startled Mr. Livingston by asking
if the United States would not like to purchase the entire Province
of Louisiana. Livingston replied in the negative, but Talleyrand
insisted that the province would be worthless to France without the
city and island and asked Livingston to make an offer for the whole
of Louisiana. The next day Mr. Monroe arrived. That evening the two
American envoys spent several hours in consultation, with the result
that Mr. Livingston was selected to conduct any further
negotiations.
52 HISTORY OF NORTHWESTERN IOWA
It may be well to note, in this connection, that the ultimate
success of Livingston and Monroe was no doubt furthered by a letter
written some months before by Pichon, the French minister to the
United States, to Talleyrand. Under date of April 18, 1802,
President Jefferson wrote a long letter to Mr. Livingston, advising
him of the situation in America, and concluded this letter by
saying: “The day France takes possession of New Orleans fixes the
sentence which is to restrain her forever within her low water mark.
It seals the union of two nations who in conjunction can maintain
exclusive control of the ocean. From that moment we must marry
ourselves to the British fleet and nation. The first cannon which
shall be fired in Europe will be the signal for tearing up any
settlement she may have made, and for holding the two continents of
America in sequestration for the common purpose of the united
British and American nations.”
Whether Pichon knew anything of the contents of this letter is not
certain, but he wrote to Talleyrand that the people of the United
States were thoroughly aroused over the suspension of the right of
deposit at New Orleans, and that the administration might be forced
by public opinion into an alliance with Great Britain. War had just
been renewed between France and England and Napoleon saw it would be
a difficult matter to hold Louisiana if an alliance should be made
between Great Britain and the United States.
The Marquis de Marbois was averse to entertaining any proposition
for the purchase of the Island of Orleans, but offered Livingston
and Monroe the entire province for 125,000,000 francs ($25,000,000)
though it was afterward learned that Napoleon had directed him to
accept 50,000,000 francs, provided a better price could not be
obtained. After several days of negotiation the price finally agreed
upon was 80,000,000 francs, three-fourths of which were to go
directly to the French treasury and the remainder was to be used in
settling claims of American citizens against the French Government.
The next step was to embody these terms in a formal treaty. As this
treaty gave to the United States a territory of nearly nine hundred
thousand squares miles, including the present State of Iowa, it is
here given in full. It is known as the
HISTORY OF NORTHWESTERN IOWA 53
TREATY OF PARIS.
“The President of the United States of America and the First Consul
of the French Republic, in the name of the French people, desiring
to remove all sources of misunderstanding relative to objects of
discussion mentioned in the second and fifth articles of the
convention of the 8th Vendemaire, an 9 (30 September, 1800),
relative to the rights claimed by the United States, in virtue of
the treaty concluded at Madrid, the 27th of October, 1795, between
his Catholic Majesty and the said United States, and willing to
strengthen the union and friendship which at the time of said
convention was happily re-established between the two nations, have
respectfully named their plenipotentiaries, to wit: The President of
the United States of America, by and with the advice of the senate
of said states, Robert R. Livingston, minister plenipotentiary of
the United States, and James Monroe, minister plenipotentiary and
envoy extraordinary of said states, near the Government of the
French Republic; and the First Consul, in the name of the French people, the
French citizen, Barbe Marbois, minister of the public treasury, who
after having exchanged their full powers, have agreed to the
following articles:
“Article I - Whereas, by the article the third of the treaty
concluded at St. Ildefonso, the 9th Vendemaire an 9 (October 1,
1800), between the First Consul of the French Republic and His
Catholic Majesty, it was agreed as follows: ‘His Catholic Majesty
promises and engages on his part to retrocede to the French
Republic, six months after the full and entire execution of the
conditions and stipulations herein relative to his royal highness,
the Duke of Parma, the colony or province of Louisiana, with the
same extent that it now has in the hands of Spain, and that it had
when France possessed it; and such as it should be after the
treaties subsequently entered into between Spain and other states,’
and
“Whereas, in pursuance of the treaty, particularly of the third
article, the French Republic has an incontestable title to the
domain and possession of said territory; the First Consul of the
French Republic, desiring to give to the United States a strong
proof of his friendship, doth hereby cede to the United States, in
the name of the French Republic, in
54 HISTORY OF NORTHWESTERN IOWA
full sovereignty, the said territory, with all its rights and
appurtenances, as fully and in the same manner as they have been
acquired by the French Republic in virtue of the above mentioned
treaty concluded with his Catholic Majesty.
“Article II - In the cession made by the preceding article, are
included the adjacent islands belonging to Louisiana, all public
lots and squares, vacant lands, and all public buildings,
fortifications, barracks and other edifices which are not private
property. The archives, papers and documents relative to the domain
and sovereignty of Louisiana and its dependencies, will be left in
the possession of the commissioners of the United States, and copies
will be afterward given in due form to the magistrates and municipal
officers of such of the said papers and documents as may be
necessary to them.
“Article III - The inhabitants of the ceded territory shall be
incorporated into the Union of the United States and admitted as
soon as possible, according to the principles of the Federal
Constitution, to the enjoyment of all the rights, advantages and
immunities of citizens of the United States; and in the meantime
they shall be maintained and protected in the free enjoyment of
their liberty, property and the religion which they profess.
“Article IV - There shall be sent by the Government of France a
commissary to Louisiana, to the end that he do every act necessary,
as well to receive from the officers of his Catholic Majesty the
said country and its dependencies in the name of the French
Republic, if it has not already been done, as to transmit it in the
name of the French Republic to the commissary or agent of the United
States.
“Article V - Immediately after the ratification of the present
treaty by the President of the United States, and in case that of
the First Consul shall have been previously obtained, the commissary
of the French Republic shall remit all the military posts of New
Orleans and other posts of the ceded territory, to the commissary or
commissaries named by the President of the United States to take
possession; the troops, whether of France or Spain, who may be
there, shall cease to occupy any military post from the time of
taking possession, and shall be embarked as soon as possible, in the
course of three months after the ratification of this treaty.
HISTORY OF NORTHWESTERN IOWA 55
“Article VI - The United States promises to execute such treaties
and articles as may have been agreed between Spain and the tribes
and nations of Indians, until by mutual consent of the United States
and the said tribes or nations, other suitable articles shall have
been agreed upon.
“Article VII - As it is reciprocally advantageous to the commerce of
France and the United States to encourage the communication of both
nations, for a limited time, in the country ceded by the present
treaty, until general arrangements relative to the commerce of both
nations may be agreed upon, it has been agreed between the
contracting parties, that the French ships coming directly from
France or any of her colonies loaded only with the produce of France
or her said colonies, and the ships of Spain coming directly from
Spain or any of her colonies, loaded only with the produce or
manufactures of Spain or her colonies, shall be admitted during the
space of twelve years in the ports of New Orleans, and all other
ports of entry within the ceded territory, in the same manner as the
ships of the United States coming directly from France or Spain, or
any of their colonies, without being subject to any other or greater
duty on merchandise, or other or greater tonnage than those
paid by the citizens of the United States.
“During the space of time above mentioned, no other nation shall
have a right to the same privileges in the ports of the ceded
territory; the twelve years shall commence three months after the
exchange of ratifications, if it shall take place in France, or
three month after it shall have been notified at Paris to the French
Government, if it shall take place in the United States; it is,
however, well understood, that the object of this article is to
favor the manufactures, commerce, freight and navigation of France
and Spain, so far as relates to the importations that the French and
Spanish shall make into the ports of the United States, without in
any sort affecting the regulations that the United States may make
concerning the exportation of the produce and merchandise of the
United States, or any right they may have to make such regulations.
“Article VIII - In future, and forever after the expiration of the
twelve years, the ships of France shall be treated
56 HISTORY OF NORTHWESTERN IOWA
upon the footing of the most favored nations in the ports above
mentioned.
“Article IX - The particular convention signed this day by the
respective ministers, having for its objects to provide for the
payment of debts due to the citizens of the United States by the
French Republic prior to the 30th day of September, 1800 (8th
Vendemaire, 9) is approved and to have its execution in the same
manner as if it had been inserted in the present treaty, and it
shall be ratified in the same form and at the same time, so that one
shall not be ratified distinct from the other.
“Another particular convention signed at the same time as the
present treaty, relative to a definite rule between the
contract-parties, is in like manner approved and will be ratified in
the same form and at the same time, and jointly.
“Article X - The present treaty shall be ratified in good and due
form, and the ratification shall be exchanged in the space of six
months after the date of the signatures of the ministers
plenipotentiary, or sooner if possible. In faith whereof, the
respective plenipotentiaries have signed these articles in the
French and English languages, declaring, nevertheless, that the
present treaty was originally agreed to in the French language; and
have thereunto set their seals.
“Done at Paris, the tenth day of Floreal, in the eleventh year of
the French Republic, and the 30th of April, 1803.
“ROBERT R. LIVINGSTON (L. S.)
“JAMES MONROE (L. S.)
“BARBE MARBOIS (L. S.)
From the vast territory acquired by this treaty have been carved the
states of Louisiana, Arkansas, Missouri, Kansas, Nebraska, Iowa,
Minnesota, North and South Dakota, nearly all of Montana,
three-fourths of Wyoming and Oklahoma, and about one-third of
Colorado. The original cost to the United States was approximately
three cents per acre, but McMaster says: “Up to June, 1880, the
total cost of Louisiana was $27,267,621.” In the purchase of the
entire province, Livingston and Monroe exceeded their authority and
Jefferson’s administration was criticized as “extravagant” by the
Federalists, who declared the region purchased was “nothing but a
desert and unfit for human habitation.”
Yet
HISTORY OF NORTHWESTERN IOWA
57
in 1924 the income of the State of Iowa alone - that is the value of
crops and products for the year - was $1,876,000,000 or more than
sixty-eight times the cost as given by McMaster.
The treaty was ratified by the United States Senate on October 20,
1803. President Jefferson then appointed William C. C. Claiborne,
governor of Mississippi, and Gen. James Wilkinson commissioners to
receive the province from Pierre Laussat, the French commissary. The
transfer was make on December 20, 1803, when the Stars and Stripes
were raised at New Orleans in token of the extension of the United
States domain to the summit of the Rocky Mountains.
IOWA UNDER VARIOUS JURISDICTIONS
On March 26, 1804, President Jefferson approved an act of Congress
dividing Louisiana on the thirty-third parallel of north latitude.
The act provided that from and after October 1, 1804, all south of
that parallel should be known as the Territory of Orleans, and that
part north of the said parallel as the District of Louisiana, which
was attached to the Territory of Indiana, of which Gen. William H.
Harrison was then governor. Accordingly, on October 1, 1804, General
Harrison made formal entry into St. Louis and assumed his duties as
governor of the District of Louisiana.
Indiana was a free territory and the slaveholders objected to this
arrangement. The result was that on July 4, 1805, the District of
Louisiana was made the Territory of Louisiana and Gen. James
Wilkinson was appointed governor thereof. No further change was made
until 1812, when the Territory of Orleans was admitted to the Union
as the State of Louisiana and the name of the upper district was
altered tot he Territory of Missouri. Iowa was then included in the
territory of Missouri until March, 1821, when Missouri was admitted
to statehood with its northern boundary as it is at present.
From 1821 to 1834 Iowa was a sort of “No Man’s Land.” With the
exception of a few trading posts of the American Fur Company, the
only inhabitants were the Indian tribes, numbering about ten
thousand. This period may be called the darkest in the history of
the state. Without the protection of the laws, the trading posts
were abandoned, the In-
HISTORY OF NORTHWESTERN IOWA
58
dians grew restless, and this unrest culminated in what is known as
the Black Hawk war of 1832. On September 21, 1832, while Black Hawk
and his two sons were held as prisoners in Fortress Monroe, a treaty
was concluded with the Sac and Fox tribes, by which the United
States acquired about six million acres of lands claimed by those
Indians in Eastern Iowa. As this land was really taken as an
indemnity for the expenses of the Black Hawk war, the tract was
known as the “Black Hawk Purchase.” It was the first of the Indian
lands in Iowa acquired by the United States for white occupation.
(For a further account of this treaty see Chapter IV).
The Black Hawk Purchase was opened to settlers on June 1, 1833. Says
Doctor Salter: “There were some instances of strife and contention
among the adventurers for town sites, mill sites, belts of timber
and the best lands, but good feeling generally prevailed and rules
and regulations as to claims were agreed upon in the interest of
fair dealing and mutual protection.”
By the close of the year 1833 there were several hundred families
living upon the Black Hawk Purchase. In the absence of any
established government the people took the law into their own hands
and administered justice as they saw fit. An instance of this is
seen in the trial and execution of Patrick O'Connor for the murder
of George O'Keefe at Dubuque. The authorities of Missouri and
Michigan both disclaimed jurisdiction, where upon a citizens’ court
was organized. A jury was impaneled and the proceeding s were
conducted with all the dignity and solemnity of a regular court. The
murder was committed on May 19, 1834, O'Connor was found guilty and
the execution took place of the 20th of June.
This incident probably stirred the Federal authorities to action,
for on June 28, 1834, President Jackson approved the act attaching
Iowa to the Territory of Michigan, which then included all the
territory between Lake Huron and the Missouri River. This attachment
lasted less than two years, however, for the boundaries of Michigan
were restricted, preparatory to admission into the Union as a state,
and on April 20, 1836, the President approved the act creating the
Territory of Wisconsin, to take effect on the 4th of July following.
Gen. Henry Dodge was appointed governor of the
HISTORY OF NORTHWESTERN IOWA
59
new territory, which extended from Lake Michigan on the east to the
Missouri and White Earth rivers on the west. On October 1, 1838,
pursuant to Governor Dodge’s proclamation, the first election ever
held in Iowa was held for the purpose of electing members of the
Wisconsin Territorial Legislature.
TERRITORY OF IOWA.
Early in the fall of 1837 the question of dividing Wisconsin and
erecting a new territory west of the Mississippi became on of great
interest to the people of Iowa. The sentiment in favor of the
movement found definite expression in a convention held at
Burlington on November 6, 1837, which adopted a memorial to Congress
asking that body to erect a new territory west of the Mississippi.
In response to this expression of popular sentiment, Congress passed
an act providing for the establishment of the Territory of Iowa, to
include “all that part of the Territory of Wisconsin which lies west
of the Mississippi River and west of a line drawn due north from the
headwaters or sources of the Mississippi to the northern boundary of
the territory of the united States.”
The act was approved by President Van Buren on June 12, 1838, and
became effective on the third of the following month. The President
appointed Robert Lucas, of Ohio, as the first territorial governor;
William B. Conway, of Pennsylvania, secretary; Charles Mason, of
Burlington, chief justice; Thomas S. Wilson, of Dubuque, and Joseph
Williams, of Pennsylvania, associate judges. These officials assumed
their respective duties on July 3, 1838, and the people of Iowa now,
for the first time, had a government which they could rightfully
call their own.
THE FIGHT FOR ADMISSION.
If one hundred well informed citizens of Iowa were asked when their
state was admitted, the chances are that ninety-nine would reply in
December, 1846. While this answer would be correct, it is equally
correct that a state bearing the name of Iowa was admitted more than
eighteen months before that date. As early as 1840 Governor Lucas
advocated
HISTORY OF NORTHWESTERN IOWA
60
that a state government be formed, but the proposition was defeated
at the polls. Two years later, upon the recommendation of Governor
Chambers, the question was submitted to the voters and was again
defeated, the people seeming reluctant to accept the
responsibilities and expense of a state government.
On February 12, 1844, the Iowa Legislature passed an act providing
for another expression of popular opinion and at the township
elections the vote in favor of statehood was nearly twice as great
as that of the opposition. At the August election seventy-five
delegates to a constitutional convention were chosen. The convention
met at Iowa City on October 7, 1844, and finished its work on the
first day of November. The constitution was forwarded to Congress
and C. A. Dodge, Iowa’s territorial delegate, was requested to urge
its immediate adoption. But Congress decided that the boundaries, as
defined by the constitution, included too much territory. On March
3, 1845, President Tyler approved an act admitting a state called
Iowa, with the boundaries as follows:
“Beginning at the mouth of the Des Moines River, thence by the
middle channel of the Mississippi to a parallel of latitude passing
through the mouth of the Mankato or Blue Earth River; thence west
along said parallel of latitude to a point where it is intersected
by the meridian line seventeen degrees thirty minutes west of the
meridian of Washington City; thence due south tot he northern
boundary line of the State of Missouri; thence eastward following
that boundary to a point at which the same intersects the Des Moines
River; thence by the middle channel of that river to the place of
beginning.”
Had these boundaries been accepted, Iowa would have included the
eleven southeastern counties of Minnesota, but the thirty-one
counties in the western part of the present State of Iowa would have
been left out. The state would have been about one hundred and
eighty miles wide from east to west, and about two hundred and fifty
mile long from north to south. Delegate Dodge advised the people to
accept the boundaries as the best that could be obtained and many
Iowans were in favor of this course. But there were three men
HISTORY OF NORTHWESTERN IOWA 61
who believed that the Missouri River should be the natural western
boundary of the state and decided to wage war upon the proposed
constitution. These men were: Enoch W. Eastman, a prominent lawyer
of Eldora; Frederick D. Mills, of Lee County; and Theodore S. Parvin,
who had come to Iowa in 1838 as Governor Lucas’ private secretary.
Against great odds these three men began a campaign against the
ratification of the constitution. A little later they were joined by
Shepherd Lefler, who had been president of the constitutional
convention of 1844, and James W. Woods, on of Burlington’s leading
attorneys. It was an uphill fight against a strong sentiment in
favor of admission at any cost, but in the end they won. When
submitted to the voters on august 4, 1845, the constitution was
rejected by a majority of 996 votes.
A second constitutional convention assembled at Iowa City on May 4,
1846, and remained in session for two weeks. The result of its
labors was submitted to the people on August 3, 1846, and was
ratified by a vote of 9,492 to 9,036. The new constitution, which
defined the boundaries of the state as they are at present, was then
sent to Washington, where Iowa found a champion in Stephen A.
Douglas, then a member of Congress from Illinois. The bill for
admission passed both houses and was signed by President Polk on
December 28, 1849. Since that date Iowa has been one of the
sovereign states of the American Union.
ORGANIZATION OF COUNTIES.
The first counties in what is now the State of Iowa were created in
September, 1834, by the Legislative Assembly of the Territory of
Michigan. The act was as follows:
“Section 1. Be it enacted by the Legislative Council of the
Territory of Michigan, That all that district or country which was
attached to the territory of the United States west of the
Mississippi River and north of the State of Missouri, to the
Territory of Michigan, and to which the Indian title has been
extinguished, which is north of a line to be drawn due west from the
lower end of Rock Island to the Missouri River, shall constitute a
county and be call Dubuque; said county
62 HISTORY OF NORTHWESTERN IOWA
shall constitute a township which shall be called Julien, and the
seat of justice shall be at the Village of Dubuque.
“Section 2. All that part of the district aforesaid which was
attached to the Territory of Michigan situated south of said line to
be drawn due west from the lower end of Rock Island, shall
constitute a county and me called Demoine, said county shall
constitute a township and be called Flint Hill; and the seat of
justice shall be at such place as shall be designated by the judge
of the county court of said county.”
Although the act provided that the line from the lower end of Rock
Island should be extended to the Missouri River, the Indian title
had been extinguished only to the tract known as the Black Hawk
Purchase, which extended only fifty miles from the Mississippi.
Twenty-two counties were created west of the Mississippi by the
Wisconsin Legislature, twenty-three others were added when Iowa
Territory was created, but the western part of the state remained
unorganized until the act of January 15, 1851, which erected fifty
new counties in that unorganized territory. The twenty counties
embraced in this history were among the fifty then established. (See
chapters on County History.)