HISTORY OF

MUSCATINE COUNTY, IOWA

1879 EDITION


Transcribed by Sharon Elijah, January 2014

HISTORY OF THE STATE OF IOWA

STATE ORGANIZATION.

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         By an act of the Territorial Legislature of Iowa, approved February 12, 1844, the question of the formation of a State constitution and providing for the election of Delegates to a convention to be convened for that purpose was submitted to the people, to be voted upon at their township elections in April following. The vote was largely in favor of the measure, and the Delegates elected assembled in convention at Iowa City, on the 7th of October, 1844. On the first day of November following, the convention completed its work and adopted the first State Constitution.

         The President of the convention, Hon. Shepherd Leffler, was instructed to transmit a certified copy of this Constitution to the Delegate in Congress, to be by him submitted to that body at the earliest practicable day. It was also provided that it should be submitted, together with any conditions or changes that might be made by Congress, to the people of the Territory, for their approval or rejection, at the township election in April, 1845.

         The boundaries of the State, as defined by this Constitution, were as follows:

         Beginning in the middle of the channel of the Mississippi River, opposite mouth of the Des Moines River, thence up the said river Des Moines, in the middle of the main channel thereof, to a point where it is intersected by the Old Indian boundary line, or line run by John C. Sullivan, in the year 1816; thence westwardly along said line to the “old” northwest corner of Missouri; thence due west to the middle of the main channel of the Missouri River; thence up in the middle of the main channel of the river last mentioned to the mouth of the Sioux or Calumet River; thence in a direct line to the middle of the main channel of the St. Peters River, where the Watonwan River—according to Nicollet’s map—enters the same; thence down the middle of the main channel of said river to the middle of the main channel of the Mississippi river; thence down the middle of said river to the place of beginning.

         These boundaries were rejected by Congress, but by act approved March 3, 1845, a state called Iowa was admitted into the Union, provided the people accepted the act, bounded as follows:

         Beginning at the mouth of the Des Moines River, at the middle of the Mississippi, thence by the middle of the channel of that river to a parallel of latitude passing through the mouth of the Mankato or Blue Earth River; thence west, along said parallel of latitude, to a point where it is intersected by a meridian line seventeen degrees and thirty minutes west of the meridian of Washington City; thence due south, to the northern boundary line of the State of Missouri; thence eastwardly, following that boundary to the point at which the same intersects the Des Moines river; thence by the middle of the channel of that river to the place of beginning.

         These boundaries, had they been accepted, would have placed the northern boundary of the State about thirty miles north of its present location, and would have deprived it of the Missouri slope and the boundary of that river. The western boundary would have been near the west line of what is now Kossuth County. But it was not so to be. In consequence of this radical and unwelcome change in the boundaries, the people refused to accept the act of Congress and rejected the Constitution at the election, held August 4, 1845, by a vote of 7,656 to 7,235.

         A second Constitutional Convention assembled at Iowa City on the 4th day of May, 1846, and on the 18th of the same month another Constitution for the new State with the present boundaries, was adopted and submitted to the people for ratification on the 3d day of August following, when it was accepted; 9,492 votes were cast “for the Constitution,” and 9,036 “against the Constitution.”. . .

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. . . The Constitution was approved by Congress, and by act of Congress approved December 28, 1846, Iowa was admitted as a sovereign State in the American Union.

         Prior to this action of Congress, however, the people of the new State held an election under the new Constitution on the 26th day of October, and elected Oresel Briggs, Governor; Elisha Cutler, Jr., Secretary of State; Joseph T. Fales, Auditor; Morgan Reno, Treasurer; and members of the Senate and House of Representatives.

         At this time there were twenty-seven organized counties in the State, with a population of nearly 100,000, and the frontier settlements were rapidly pushing toward the Missouri River. The Mormons had already reached there.

         The first General Assembly of the State of Iowa was composed of nineteen Senators and forty Representatives. It assembled at Iowa City, November 30, 1846, about a month before the State was admitted into the Union.

         At the first session of the State Legislature, the Treasurer of State reported that the capitol building was in a very exposed condition, liable to injury from storms, and expressed the hope that some provision would be made to complete it, at least sufficiently to protect it from the weather. The General Assembly responded by appropriating $2,500 for the completion of the public buildings. At the first session also arose the question of the re-location of the capital. The western boundary of the state, as now determined, left Iowa City too far toward the eastern and southern boundary of the State; this was conceded. Congress had appropriated five sections of land for the erection of public buildings, and toward the close of the session a bill was introduced providing for the re-location of the seat of government, involving to some extent the location of the State University, which had already been discussed. This bill gave rise to a deal of discussion and parliamentary maneuvering, almost purely sectional in its character. It provided for the appointment of three Commissioners, who were authorized to make a location as near the geographical center of the State as a healthy and eligible site could be obtained; to select the five sections of land donated by Congress; to survey and plat into town lots not exceeding one section of the land so selected; to sell lots at public sale, not to exceed two in each block. Having done this, they were then required to suspend further operations, and make a report of their proceedings to the Governor. The bill passed both Houses by decisive votes, received the signature of the Governor, and became a law. Soon after, by “An act to locate and establish a State University,” approved February 25, 1847, the unfinished public buildings at Iowa City, together with the ten acres of land on which they were situated, were granted for the use of the University, reserving their use, however, by the General Assembly and the State officers, until other provisions were made by law.

         The Commissioners forthwith entered upon their duties, and selected four sections and two half sections in Jasper County. Two of these sections are in what is now Des Moines Township, and the others in Fairview Township, in the southern part of that county. These lands are situated between Prairie City and Monroe, on the Keokuk & Des Moines Railroad, which runs diagonally through them. Here a town was platted, called Monroe City, and a sale of lots took place. Four hundred and fifteen lots were sold, at prices that were not considered remarkably remunerative. The cash payments (one-fourth) amounted to $1,797.43, while the expenses of the sale and the claims of the Commissioners for services amounted to $2,206.57. The Commissioners made a report of their proceedings to the Governor, as required by law, but the location was generally condemned.

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          When the report of the Commissioners, showing this brilliant financial operation, had been read in the House of Representatives, at the next session, and while it was under consideration, an indignant member, afterward known as the eccentric Judge McFarland, moved to refer the report to a select Committee of Five, with instructions to report “how much of said city of Monroe was under water and how much was burned.” The report was referred, without the instructions, however, but Monroe City never became the seat of government. By an act approved January 15, 1849, the law by which the location had been made was repealed and the new town was vacated, the money paid by purchasers of lots being refunded to them. This, of course, retained the seat of government at Iowa City, and precluded, for the time, the occupation of the building and grounds by the University.

         At the same session, $3,000 more were appropriated for completing the State building at Iowa City. In 1852, the further sum of $5,000, and in 1854 $4,000 more were appropriated for the same purpose, making the whole cost $123,000, paid partly by the General Government and partly by the State, but principally from the proceeds of the sale of lots in Iowa City.

         But the question of the permanent location of the seat of government was not settled, and in 1851 bills were introduced for the removal of the capital to Pella and to Fort Des Moines. The latter appeared to have the support of the majority, but was finally lost in the House on the question of ordering it to its third reading.

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

         The third Constitutional Convention to revise the Constitution of the State assembled at Iowa City, January 19, 1857. The new Constitution framed by this convention was submitted to the people at an election held August 3, 1857, when it was approved and adopted by a vote of 40,311 “for” to 38,681 “against” and on the 3d day of September following was declared by a proclamation of the Governor to be the supreme law of the State of Iowa.

         Advised of the completion of the temporary State House at Des Moines, on the 19th of October following, Governor Grimes issued another proclamation, declaring the City of Des Moines to be the capital of the State of Iowa.

         The removal of the archives and offices was commenced at once and continued through the Fall. It was an undertaking of no small magnitude; there was not a mile of railroad to facilitate the work, and the season was unusually disagreeable. Rain, snow and other accompaniments increased the difficulties; and it was not until December, that the last of the effects—the safe of the State Treasurer, loaded on two large “bob-sleds”—drawn by ten yoke of oxen was deposited in the new capital. It is not imprudent now to remark that, during this passage over hills and prairies, across rivers, through bottom lands and timber, the safes belonging to the several departments contained large sums of money, mostly individual funds, however. Thus, Iowa City ceased to be the capital of the State, after four Territorial Legislatures, six State Legislatures and three . . .

Pg 184

. . . Constitutional Conventions had held their sessions there. By the exchange, the old capitol at Iowa City became the seat of the University, and, except the rooms occupied by the United States District Court, passed under the immediate and direct control of the Trustees of that institution.

         Des Moines was now the permanent seat of government, made so by the fundamental law of the State, and on the 11th day of January, 1858, the seventh General Assembly convened at the new capital. The building used for governmental purposes was purchased in 1864. It soon became inadequate for the purposes for which it was designed, and it became apparent that a new, large and permanent State House must be erected. In 1870, the General Assembly made an appropriation and provided for the appointment of a Board of Commissioners to commence the work. The board consisted of Gov. Samuel Merrill, ex officio, President; Grenville M. Dodge, Council Bluffs; James F. Wilson, Fairfield; James Dawson, Washington; Simon G. Stein, Muscatine; James O. Crosby, Gainsville; Charles Dudley, Agency City; John N. Dewey, Des Moines; William L. Loy, Sioux City; Alexander R. Fulton, Des Moines, Secretary.

         The act of 1870 provided that the building should be constructed of the best material and should be fire proof; to be heated and ventilated in the most approved manner; should contain suitable legislative halls, rooms for State officers, the judiciary, library, committees, archives and the collection of the State Agricultural Society, and for all purposes of State Government, and should be erected on grounds held by the State for that purpose. The sum first appropriated was $150,000; and the law provided that no contract should be made, either for constructing or furnishing the building, which should bind the State for larger sums than those at the time appropriated. A design was drawn and plans and specifications furnished by Cochrane & Piquenard, architects, which were accepted by the board, and on the 23d of November, 1871, the corner stone was laid with appropriate ceremonies. The estimated cost and present value of the capitol is fixed at $2,000,000.

         From 1858 to 1860, the Sioux became troublesome in the northwestern part of the State. These warlike Indians made frequent plundering raids upon the settlers, and murdered several families. In 1861, several companies of militia were ordered to that portion of the State to hunt down and punish the murderous thieves. No battles were fought, however, for the Indians fled when they ascertained that systematic and adequate measures had been adopted to protect the settlers.

          “The year 1856 marked a new era in the history of Iowa. In 1854, the Chicago & Rock Island Railroad had been completed to the east bank of the Mississippi river, opposite Davenport. In 1854, the corner stone of a railroad bridge, that was to be the first to span the “Father of Waters,” was laid with appropriate ceremonies at this point. St. Louis had resolved that the enterprise was unconstitutional, and by writs of injunction made an unsuccessful effort to prevent its completion. Twenty years later in her history, St. Louis repented her folly, and made atonement for her sin by imitating our example. On the 1st day of January, 1856, this railroad was completed to Iowa City. In the meantime, two other railroads had reached the east bank of the Mississippi—one opposite Burlington, and one opposite Dubuque—and these were being extended into the interior of the State. Indeed, four lines of railroad had been projected across the State from the Mississippi to the Missouri, having eastern connections. On the 15th of May, 1856, the Congress of the United States passed an act granting to the State, to aid in the construction of . . .

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railroads, the public lands in alternate sections, six miles on either side of the proposed lines. An extra session of the General Assembly was called in July of this year, that disposed of the grant to the several companies that proposed to complete these enterprises. The population of our state at this time had increased to 500,000. Public attention had been called to the necessity of a railroad across the continent. The position of Iowa, in the very heart and center of the Republic, on the route of this great highway across the continent, began to attract attention. Cities and towns sprang up through the State as if by magic. Capital began to pour into the State, and had it been employed in developing our vast coal measures and establishing manufactories among us, or if it had been expended in improving our lands, and building house and barns, it would have been well. But all were in haste to get rich, and the spirit of speculation ruled the hour.

          “In the meantime, every effort was made to help the speedy completion of the railroads. Nearly every county and city of the Mississippi, and many in the interior, voted large corporate subscriptions to the stock of the railroad companies, and issued their negotiable bonds for the amount.” Thus enormous county and city debts were incurred, the payment of which these municipalities tried to avoid upon the plea that they had exceeded the constitutional limitation of their powers. The Supreme Court of the United States held these bonds to be valid; and the courts by mandamus compelled the city and county authorities to levy taxes to pay the judgments. These debts are not all paid even yet, but the worst is over and ultimately the burden will be entirely removed.

         The first railroad across the State was completed to Council Bluffs in January, 1871. The others were completed soon after. In 1854, there was not a mile of railroad in the State. In 1874, twenty years after, there were 3,765 miles in successful operation.


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