Des Moines County IA Archives History - Books .....Chapter IV Organizations Of The Different Territories 1915
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Book Title: History Of Des Moines County Iowa

CHAPTER IV
ORGANIZATIONS OF THE DIFFERENT TERRITORIES OUT OF WHICH DES MOINES COUNTY, IOWA,
CAME INTO EXISTENCE

   To discover whence Iowa and Des Moines County came into existence as
municipal bodies we will have to go back to 1784; at which time was ceded to the
United States by Virginia what is called the North Western Territory, lying
north of the Ohio and east of the Mississippi rivers, and extending to the
northern boundary of the now United States. When the western boundary of the
United States was extended to the Rocky Mountains, that portion west of the
Mississippi River was called the New Northwest. On the 13th of July, 1787,
Congress adopted an ordinance for the government of the territory northwest of
the Ohio River, which ordinance forever consecrated it to freedom. In 1805,
Congress passed an act dividing the Territory of Indiana into two separate
governments. This act provided "That all that part of Indiana Territory which
lies north of a line drawn east from the southerly bend or extreme of Lake
Michigan until it shall intersect Lake Erie, and east of a line drawn from the
said southerly line through the middle of said lake to its northeast extremity,
and thence due north to the north boundary of the United States, shall, for the
purpose of temporary government, constitute a separate territory and shall be
called Michigan.

   In June, 1834, Congress adopted an act which provided "that all that part of
the territory of the United States bounded on the east by the Mississippi River,
on the south by the State of Missouri, and a line drawn due west from the
northeast corner of said state to the Missouri River on the southwest, and on
the west by the Missouri River and the White Earth River, flowing into the same;
and on the north by the northern boundary of the United States, shall be
attached to Michigan Territory." In the September following, all that part of
Michigan Territory west of the Mississippi was by an act of the Territory of
Michigan divided into two counties; the dividing line was run due west from the
lower end of Rock Island. The county south of this line was named Des Moines,
the one north, Dubuque. Prior to this time settlements had been made at Flint
Hills, now Burlington, and other points, and, it is claimed, the settlers were
not subject to any government or law until in 1834. While in a sense this may be
true, but as Englishmen they brought the common law of England with them and had
the right to organize themselves into a political body and enforce that law. On
the 20th of April, 1836, Congress passed an act creating the Territory of
Wisconsin, and Henry Dodge was appointed its governor by President Jackson.
Prior to this time this district was a part of Northwest Territory, and in 1809
was included in the Territory of Illinois, and so continued till 1818, when
Illinois was admitted in the Union as a state. When organized in 1836 it was
made to include that part of Michigan lying west of the Mississippi and the
limits of the now State of Iowa. In 1836, Dr. Isaac Galland published at
Montrose, Lee County, a newspaper called the Western Adventurer. Two years
afterwards James G. Edwards, who subsequently became known as "Old Hawk,"
purchased the paper, removed its place of publication to Fort Madison, and
changed its name to Fort Madison Patriot. Not only changed its name, but
politics from one of democracy to one advocating the political principles of the
whigs. The first number of the Patriot published a bill introduced in Congress
by George W. Jones for a division of Wisconsin Territory.

   The first session of the Wisconsin Legislature convened at Belmont in the
then Iowa County, Wisconsin, in October, 1836. It selected Madison to be the
capital of the territory and provided that until the capitol building was
completed the Legislature meet at Burlington, in November, 1837.

   The second session of the Legislature of Wisconsin met at Burlington on the
first Monday of November, 1837; but prior to this time a call had been made for
a convention of delegates from the west side of the Mississippi to meet in
Burlington on the 6th of November to consider many things, and to memorialize
Congress in reference thereto, among which was one for the organization of a
territorial government over all that part of Wisconsin Territory, west of the
Mississippi River. This convention consisted of delegates chosen from Dubuque,
Des Moines, Lee, Louisa, Van Buren, Henry, and Muscatine counties. The delegates
chosen from Des Moines County were David Rorer, Robert Ralston, and Cyrus W.
Jacobs. Cyrus W. Jacobs of Des Moines County was president of the convention;
vice presidents, W. V. Williams of Henry County and J. M. Clark of Louisa
County. A committee was appointed to draft a memorial to Congress setting forth
the reasons for the things asked. The committee to prepare the memorial for the
territorial organization consisted of David Rorer of Des Moines County, who was
chairman of the committee; S. C. Hastings of Muscatine County, Van Caldwell of
Van Buren County, J. L. Meyers of Henry County, John Claypool of Lee County, J.
J. Rinearson of Louisa County, and G. W. Harris of Dubuque County. This
committee made its report; the report is a long one, but since it so largely
explains the conditions existing at the time, we here set out the greater part
of the report:

MEMORIAL

"To the Honorable Senate and House of Representatives of the United States in
Congress Assembled:

   "The memorial of a general convention of delegates from the respective
counties in the Territory of Wisconsin, west of the Mississippi River, convened
at the capitol at Burlington in said territory, November 6, 1837, respectfully
represents:

   "That the citizens of that part of the territory west of the Mississippi
River, taking into consideration their remote and isolated position, and the
vast extent of country included within the limits of the present territory, and
the impracticability of the same being governed as an entire whole, by the best
administration of our municipal affairs, in such manner as to fully secure
individual rights, and the rights of property, as well as to maintain domestic
tranquillity and the good order of society, have by their respective
representatives, convened in general convention as aforesaid, for availing
themselves of the right of petition as free citizens, by representing their
situation and wishes to your honorable body and asking for the organization of a
separate territorial government over that part of the territory west of the
Mississippi River.

   "Without in the least designing to question the official conduct of those in
whose hands the fate of our infant territory has been confined, and in whose
patriotism and wisdom we have the utmost confidence, your memorialists cannot
refrain from the expression of their belief, that taking into consideration the
geographical extent of her country, in connection with the probable population
of Western Wisconsin, perhaps no territory of the United States has been so much
neglected by the parent Government, so illy protected in the political and
individual rights of her citizens.

   "Western Wisconsin came into possession of our Government in June 1833.
Settlements were made and crops grown during the same season; and at that early
day was the impulse given to the mighty throng of immigration that has
subsequently filled our lovely and desirable country with people of intelligence
wealth and enterprise. In a little over four years, what has been the condition
of Western Wisconsin? Literally and practically a large portion of the time
without a government. With a population of thousands, she has remained
ungoverned, and has been left by the parent Government to take care of herself
without the privilege on the one hand to provide a government of her own, and
without any existing authority on the other to govern her. From June, 1833, to
June, 1834, there was not even the shadow of government or law in all Western
Wisconsin.

   "In June, 1834, Congress attached her to the then existing Territory of
Michigan, of which territory she nominally continued a part until July, 1836, a
period of a little more than two years. During this time, the whole country
west, sufficient of itself for a respectable state, was included in two
counties, Dubuque and Des Moines. In each of these two counties there were
holden during this time of two years, two terms of a county court of inferior
jurisdiction, as the only sources of judicial relief, up to the passage of the
act of Congress creating the Territory of Wisconsin. That act took effect the 3d
of July, 1836, and the first judicial relief afforded under that act was at the
April term following. 1837, a period of nine months after its passage;
subsequently to which time there had been a court holden in one solitary county
of Western Wisconsin only. This, your memorialists are aware, has recently been
owing to the unfortunate indisposition of the esteemed judge of our district;
but they are also aware of the fact that had Western Wisconsin existed under a
separate organization, we should have found relief in the service of other
members of the judiciary, who are at present, in consequence of the great extent
of our territory and the small number of judges, dispersed at too great a
distance, and too constantly engaged in the discharge of the duties of their own
district, to be able to afford relief to other portions of the territory. Thus,
with a population now of not less than twenty-five thousand, and of near half
that number at the organization of the territory, it will appear that we have
existed as a portion of an organized territory for sixteen months with but one
term of court.

   "Your memorialists look upon these evils as growing exclusively out of the
immense extent of country included within the present boundaries of the
territory, and express their belief that nothing would so effectually remedy the
evil as the organization of Western Wisconsin into a separate territorial
government. To this your memorialists consider themselves entitled by right, and
the same obligation that rests upon their present Government to protect them in
the enjoyment of their rights, until such time as they shall he permitted to
provide protection for themselves, as well as from the uniform practice and
policy of the Government in relation to other territories.

   "Your memorialists therefore pray for the organization of a separate
territorial government over that part of Wisconsin Territory lying west of the
Mississippi River."

   One of the reasons for the production of the memorial in these pages is to
show that the men who wrote it were not ordinary men. Cut few papers can be
found which are its equal in simplicity of language and clearness of statements.
The report was unanimously adopted by the convention; was then transmitted to
Gen. George W. Jones, their delegate in Congress, through whose efforts the bill
then pending to establish a separate territory became a law on the 12th day of
lime, 1838. The bill recited "That from and after the 3d day of July next, all
that part of the present 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 territorial limits, shall, for the purpose of
temporary government, be and constitute a separate territorial government by the
name of "Iowa." It will he seen from the above boundaries given, Iowa Territory
composed a large part of what is now Minnesota and Dakota. When the Legislative
Assembly of Iowa Territory met at Iowa City on the 4th of December, 1843, it
adopted an act in accordance with which was submitted to the people the question
of forming a state government. At this time the total white population was a
little over seventy-five thousand, of which Des Moines County had 9,109. In
accordance with the provisions of the act, an election was held in April for the
purpose of ascertaining whether the people were in favor of a convention of
delegates to frame a state constitution, from which it appeared 6,719 votes were
in favor of such constitution and 3,974 against. As soon as the vote was
ascertained, Governor Chambers issued a call for an election to nominate
seventy-three delegates to frame a constitution. In selecting delegates to this
convention party lines were strictly observed. The democrats had a large
majority of the delegates in the convention. James Clarke, J. C. Hall, Henry
Robinson, John D. Wright, Shepherd Leffler, Andrew Norton, Enos Lowe,. John
Ripley and George Hepner were from Des Moines County. J. C. Hall was an eminent
lawyer and without a superior for his time. Shepherd Leffler was more of a
politician, but both were democrats to the core. The convention met at Iowa City
on the 17th of October, 1844. and continued in session till the first of the
following November, and as a result of their labors, produced a constitution
which, among other things, forbade the establishment of banking institutions. It
defined the boundaries of the state-as follows: "The south line the line
separating Iowa from Missouri, the west line the middle of the channel of the
Missouri River north to the mouth of the Big Sioux; thence in a direct line in a
northeasterly direction to the middle channel of St. Peter's River ( Minnesota),
where the Watonwan River (Blue Earth) enters the same: thence down the middle of
that river to the middle channel of the Mississippi River, thence down the
middle channel of that river to the place of beginning." The state was inhibited
from creating a debt exceeding one hundred thousand dollars, twenty years was
fixed as the limit of the life of all corporations, and stockholders were made
liable for corporate debts. This constitution was forwarded to Hon. A. C. Dodge,
the then delegate to Congress from Iowa Territory. When its consideration came
up in Congress, a radical change was made in the territorial boundaries. The
change made by Congress took away all that portion lying west of a due north and
south line, commencing near the southwest corner of Ringold County and crossing
the northern boundary line of the state at the northwest corner of Kossuth
County, leaving out twenty-five counties now west of this line. Hon. A. C. Dodge
did all he could to prevent the change. However, when the change was approved by
Congress, he gave up the fight and advised his constituents not to oppose its
ratification. He issued an address to his constituents. We will not set out this
address, but state the reasons given for the change as given by Mr. Dodge. He
tells his constituents that the delegate from Florida (which territory was at
the time seeking to be admitted as a state) brought forward a proposal for
admission of that proposed state, and in order to obtain a greater
representation in the United States Senate the delegate offered to divide
Florida. That the proposition of the delegate from Florida met with strong
opposition from the non-slave holding states, and they came back with a counter
proposition to cut down the territorial limits of Iowa. He says in his address:
"After being fully discussed at various meetings of the committee, the
proposition to divide Florida was carried, and that to divide Iowa was rejected
by a strictly sectional vote. When the bill came before the House, the action of
the committee was overruled by a large majority. The clause for the division of
Florida was stricken out, and the boundaries of Iowa, in opposition to my
earnest protest, was subjected to considerable curtailment." This curtailment of
the proposed boundaries fell like a bombshell among the people of the territory.
Party spirit was intense at the time, and the whigs, who were in a hopeless
minority, at once grasped the situation as their opportunity. They believed in
the establishment of banks, which was inhibited by the proposed constitution,
and the lessening of the territorial limits of the proposed new state but added
fuel to increase the flame of their zeal. There were a number of young men in
the democratic party who, at this time, saw with a clear vision the outrage that
was being perpetrated upon the people of the new state. Among them were Theodore
S. Parvin, Enoch M. Eastman and Frederick D. Mills, who were joined by some
older members of the party, among whom were Shepherd Leffler and James W. Woods
(the latter known as Old Timber Woods). Messrs. Lefner, Woods and Mills lived at
Burlington. At the incoming of a new administration, or on the formation of a
state government, there is always a school of political tadpoles, swimming in
the pool of politics, always ready to grab any crumbs which may be cast on the
surface of its waters. But those men whose names we have mentioned were not of
that order. They were big enough to see that the glory of a great state as well
as the welfare of its people demanded the Missouri River should be the western
line of the state, and they declared it should be placed there. They went into
the contest and fought its ratification, held public meetings and eloquently set
forth the outrage. They claimed that the two great rivers, the Missouri and the
Mississippi, should mark its eastern and western boundaries. The result was, the
constitution was rejected by the small majority of 421 votes. There cannot be
any doubt but for the efforts of those young men the western boundary of Iowa
would have been about forty miles west of the now City of Des Moines. The
Legislature convened again on the 1st of December, 1845. Hon. James Clarke, the
governor, in his message deplored the rejection of the constitution. The
Legislature made provision for another constitutional convention, to consist of
thirty-two members, to be chosen at the April election, and the members so
selected to meet at Iowa City in May, 1846, to frame a constitution. The people
of Des Moines County sent as delegates to this convention Enos Lowe, Shepherd
Leffler and G. W. Bowie. The constitution framed by this convention fixed the
boundaries of the state as they arc at present. It contained a provision against
the establishment of banks, which caused the whigs to oppose its ratification.
There were cast for its adoption 9,492 votes and 9,024 against. The small
majority for its adoption foreshadowed that in the near future it would have to
be amended or a new one substituted. The delegates who composed, framed and
signed this constitution were: Enos Lowe, president; Thomas Dibble, Erastus
Hoskin, David Galland, Sullifand S. Ross, Shepherd Leffler, Curtiss Bates,
William G. Coop, John Ronalds, Samuel A. Bissell, Socrates H. Tryron, Wareham G.
Clark, William Hubbel, John J. Selman, George Berry, John Conrey, Josiah Kent,
Joseph H. Hedrick, Sylvester G. Matson, S. B. Shelledy, James Grant, George
Hobson, H. P. Haun, Stewart Goodrell, Sanford Harned, David Olmestead, G. W.
Bowie, Alvin Saunders, William Steele, T. McCrauey, F. K. O'Ferral, J. Scott
Richman. Attest: William Thompson, secretary.

   On its ratification by the vote of the electors and by act of Congress, it
became the organic law of the state. In the foregoing pages we have covered the
period showing the discovery of that part of the territory of the United States
and its organization into municipal bodies out of which came into existence Des
Moines County, Iowa.


Additional Comments:
HISTORY OF DES MOINES COUNTY IOWA AND ITS PEOPLE

By AUGUSTINE M. ANTROBUS

ILLUSTRATED
 VOLUME I
CHICAGO
THE S. J. CLARKE PUBLISHING COMPANY 
1915 

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