# History of Iowa From the Earliest Times to the Beginning of the Twentieth Century/1/17

​THE conflict which had arisen between Govvernor Lucas and the first Territorial Legislature over the exercise of the veto power had induced Congress to amend the act providing for the territorial government. It was determined that when a bill was not approved by the Governor he should return it with his objections to the house in which it originated. If both branches then passed it by a vote of two-thirds of the members it should become a law without approval by the Governor. The electors of the Territory were authorized to elect sheriffs, probate judges, justices of the peace and county surveyors. The term of the delegate in Congress was extended to the 11th day of October, 1840. The term of his successor was made to expire on the 4th of March thereafter and from that date the term of the delegate ran for two years, the same as members of Congress from the States.
At the election held on the first Monday of August, 1839, members of the House of Representatives of the Legislature were elected, the members of the Council holding over. The session convened at Burlington on the 4th of November, and was organized by the election of Stephen Hempstead, President of the Council, and Edward Johnston, Speaker of the House. Governor Lucas sent in his message on the 5th instant. In relation to the condition of the Territory he says:
“It has advanced since its organization in improvement, population and wealth beyond a parallel of all former history. With a genial climate, soil unsurpassed for fertility, abounding with pure water, navigable rivers, and inexhaustible mineral resources, it already has a population estimated at 50,000, which will probably be doubled by the time the United States census of 1840 shall be taken.”
​He recommended the Legislature to request Congress to pass an act providing for the admission of Iowa as a state at an early day. He advised the passage of an act providing for calling a convention to form a state constitution. He recommended an act providing for the election by the people of all territorial and county officers not prohibited by the organic act. He urged the Legislature to memorialize Congress to make a grant of public lands for the support of schools equal in amount to the grant made to Wisconsin.
Soon after the Legislature assembled, William B. Conway, Secretary of the Territory, died, leaving a vacancy, and there was no provision of law authorizing any person to discharge the duties of the office until the vacancy was filled. As the Secretary was the custodian of the funds for payment of expenses of the Legislature, that body by joint resolution appointed Charles Weston fiscal agent until the vacancy should be filled. James Clarke editor of the Territorial Gazette, at Burlington, was soon after appointed by the President to fill the vacancy. In November, 1845, he was appointed Governor of the Territory, holding the office until Iowa became a state. The Legislature created the offices of Auditor and Treasurer. Thornton Bayless was appointed Treasurer, and Jesse Williams Auditor. An act was passed requiring the Capitol commissioners to adopt a plan for a building to be erected at a cost not exceeding $51,000. Chauncey Swan was selected to superintend the work. The corner-stone was laid with impressive ceremonies on the 4th of July, 1840, Governor Lucas making the principal address.
There were four candidates in the field for Delegate in Congress for the new Territory at the first election, held in September, 1838, viz.: William W. Chapman and David Rorer, of Des Moines County; P. H. Engle, of Dubuque County; and B. F. Wallace, of Henry County. Wallace was a Whig, the others were Democrats, but politics had little influence in the election; local and personal ​considerations largely determined the result. Chapman was declared elected, having received more votes than his highest competitor. Mr. Chapman made an excellent representative for the new Territory. In the contest between Missouri and Iowa over the boundary line, Mr. Chapman contended successfully with two distinguished United States Senators from Missouri, Benton and Linn, for the true line, which was finally established as claimed by Iowa. Mr. Chapman originated the bill which became a law, granting Iowa 500,000 acres of the public lands within its limits for the support of public schools. At the August election in 1839 Francis Gehon was chosen Delegate to Congress.
The last session of the Legislature had passed an act changing the time for holding the general election to the first Monday in October, and authorizing an extra session of the Legislature to be held, beginning the second Monday in July. At the extra session the apportionment was made for representative districts; an act passed for organization of the militia; and a proposition was submitted to the people at the next election to call a convention to adopt a constitution for admission into the Union.
A period of general depression in business prevailed throughout the country during the last part of Van Buren’s term as President, and Whig politicians charged the “hard times” to the financial policy pursued by the Democratic administration. Seeing a favorable condition for the overthrow of their adversaries, the Whig politicians called the first political National Convention ever held and proceeded to nominate General William H. Harrison for President.
The Democrats also held a convention and nominated Martin Van Buren for reëlection. Although there were no well defined issues on national affairs involved in the contest, the campaign was one of intense enthusiasm on ​part of the Whigs. Their rallying cry was “hard cider” and “log cabins,” and with songs, public meetings, and rallies throughout the country, General Harrison was borne into the Presidential chair on a wave of popular enthusiasm. Party feeling ran high and extended into the new Territory of Iowa, although its citizens had no voice in the election. The two parties in Iowa now organized and made strictly partisan nominations and the enthusiasm of the national contest spread over the Territory in the pending election.
The first call for a Democratic convention in Iowa, was written by Edward Johnston, in January, 1840, and is as follows:
“Edward Johnston, Shepherd Leffler, Laurel Summers, Jos. T. Fales, G. S. Bailey, John B. Lash, Jacob L. Meyers, Daniel Brewer, W. G. Coop, S. C. Hastings, J. M. Robertson, Jacob Minder, H. Van Antwerp, Thomas Cox, J. W. Parker.”
A Democratic convention was accordingly held, and General A. C. Dodge was nominated for Delegate in Congress. The Whigs held a convention and placed in nomination Alfred Rich. General Dodge was reëlected by a majority of five hundred fifteen.
A proposition had been submitted to the people of the Territory at this election to call a convention for the framing of a constitution, preparatory to the admission of Iowa as a state. It was defeated by a vote of 937 for the convention, to 2,907 against it.
The census of the Territory taken in 1840 showed a population of 43,112, of which 172 were negroes. The
THE SOD HOUSE OF NORTHWESTERN IOWA As Built by the Early Homestead Settlers.
​Legislature having created the offices of Auditor and Treasurer, on the 14th of January, 1840, Morgan Keno was appointed Treasurer, and Jesse Williams, Auditor.
By the Federal Census of 1840 it was shown that Iowa had produced 1,406,241 bushels of corn, 154,693, bushels of wheat, 216,385 bushels of oats, 6,212 bushels of buckwheat, 3,792 bushels of rye, 728 bushels of barley, and 234,063 bushels of potatoes. Corn was the principal grain crop for many years and was largely used for bread by the pioneers. Prairie grass furnished pasture for stock and all of the hay required for more than twenty years.
During these pioneer days most of the houses were built of logs and covered with staves held in place by other logs, the floor being made of puncheon or hewn logs, and all done without the aid of a carpenter. Grain was stored in rail pens covered with straw, and stables were built of logs or slabs, with roofs of prairie hay or straw held in place by poles.
Where settlers ventured out on the prairies remote from timber, sod took the place of logs in the construction of cabins and stables. Barns for the shelter of hay, grain, live-stock or farm implements were very few in number for twenty years after the first settlements began in Iowa. Springs and creeks furnished water for house use and stock for many years before wells were dug. Fuel and rails for fencing were procured in the numerous groves and belts of timber which bordered many of the larger streams. Game and fish were plenty and took the place of beef and mutton; and clothing for the family was for the most part home-made linsey-woolsey, colored with dye made from butternut and hickory bark. Skins of animals tanned at home furnished the materials for moccasins, boots, shoes and rude harness.
The Third Territorial Legislature assembled at Burlington on the 2d of November, 1840. Mr. Bainbridge was chosen President of the Council: Thomas Cox was elected Speaker of the House. In his message, ​Governor Lucas gives a report of his action in relation to the boundary controversy with Missouri; recommends the organization of rifle companies to protect settlers from the Indians; urges the Legislature to provide a plan for raising revenue to meet expenses not provided for by the General Government.
The Legislature created the office of Superintendent of Public Instruction; changed the time of meeting of the Legislature to the first Monday of December; provided for a Superintendent of Public Buildings and an agent to conduct the sale of lots in Iowa City. It provided a law for raising revenue, and authorized a loan of $20,000 to aid in the completion of the Capitol building, to be repaid from proceeds of lots in Iowa City. Chauncey Swan was appointed Superintendent of Public Buildings with an annual salary of $1,000, and Jesse Williams was appointed Territorial Agent at a salary of $700 per year.
The election of General Harrison, the Whig candidate for President, was speedily followed by a removal of Democratic Federal officers and the filling of their places with Whigs. Governor Lucas was superseded on the 13th of May, 1841, by the appointment of Hon. John Chambers, of Kentucky, a warm personal and political friend of President Harrison. He was appointed Governor of the Iowa Territory on the 25th of March. Governor Lucas retired after nearly three years’ service and settled near Iowa City, where he spent the remainder of his life. In looking back over his administration, after the animosities of his stormy term have passed away, the verdict will be that he gave to the new Territory wise, able and faithful service. He brought to the office large experience in public affairs, sterling integrity and firm convictions of duty. Tenacious in his opinions, dignified in bearing, strong in purpose, he became involved in numerous sharp controversies and conflicts with the first Legislature over the exercise of the veto power, but he acted strictly within the letter of the law. In his firm and prompt resistance
JOHN CHAMBERS Governor of Iowa Territory, 1841 to 1845
BUILDING AT IOWA CITY, FIRST USED FOR A STATE HOUSE IN 1841
​to the claim of Missouri to a strip of Iowa Territory, Governor Lucas was sustained by the final decision of the United States Supreme Court. He was largely instrumental in procuring the enactment of a liberal public school system, at that early day one of the most advanced in operation in the West.
Governor John Chambers had been a prominent member of the Kentucky Legislature for many years, had served three terms in Congress and was for three terms Attorney-General of his State. Upon his appointment Governor Chambers selected for his Private Secretary J. O. Phister, of Maysville, Kentucky. O. W. H. Stall was appointed by the President, Secretary of the Territory. It is related of Mr. Stull while Secretary of the Territory, that wanting a servant, he purchased a negro boy of a Mr. Clancy for two hundred fifty dollars. After Mr. Stull was removed from office by President Tyler, it is stated that the boy was taken to Maryland and held as a slave. Secretary Stull left no records to show the official business transacted in that office during his term.
On the 20th of June, 1841, a steamer, the “Ripple,” ascended the Iowa River to Iowa City and was welcomed by a great assemblage of people who hoped this was the beginning of regular navigation of the Iowa. On the 22d of June, Governor Chambers made his first visit to the new Capital and was cordially received by the citizens. He was at this time past middle age, and is described as a plain, unostentatious man, cordial in manner, who made a favorable impression on the pioneer population. The last Legislature had, by joint resolution, decided that the next session should be held at Iowa City, provided the citizens would furnish a suitable building in which its sessions could be held. Walter Butler, a public-spirited man, erected a building at his own expense for the use of the Legislature, upon a pledge of the citizens that they would aid in reimbursing him for the ​expenditure. They failed to redeem the pledge and their enterprising neighbor was financially ruined by the outlay.
The first grist mill in that part of the Territory was erected during this season on Clear Creek by David and Joshua Switzer, taking the place of the hand mills, coffee mills and other pioneer methods of converting corn and wheat into meal and flour. The Iowa Standard, a weekly Whig paper, was started at the Capital by William Cram on the 10th of June, 1841. A Democratic paper, the Iowa Capital Reporter, was also established on the 4th of December of that year.
The Fourth Legislative Assembly convened at Iowa City on the 6th of December, 1841. J. W. Parker, of Scott County, was elected President of the Council and Warner Lewis, of Dubuque, was elected Speaker of the House.
Governor Chambers again recommended the submission of a proposition to the voters for a convention to frame a constitution preparatory to admission as a state. The Legislature passed an act providing that, if at the next election a majority of the votes cast were “for a constitution,” then there should be another election held on the first Tuesday in October for the election of eighty-two delegates, who should meet at the Capital on the first Monday in November for the purpose of framing a constitution. The constitution thus framed was required to be published in all of the newspapers in the Territory and submitted to a vote of the people at the next election. The first proposition was defeated at the election; a majority of the voters after consideration were opposed to assuming the duties and burdens of a state government. Every county in the Territory gave a majority against a convention.
Governor Chambers, who was Superintendent of Indian Affairs, in September, 1842, negotiated a treaty with the Sac and Fox Indians by the terms of which they ceded to the United States all of their remaining lands in Iowa, to
FORT SANFORD Established in 1842
​the Missouri River and agreed to remove to their Kansas reservation at the expiration of three years. Long before this treaty was ratified by Congress adventurous settlers crowded into the newly purchased Territory to secure the choice claims.
Governor Chambers called upon the War Department for troops to expel these intruders. Captain John Beach was sent with a detachment of the First Dragoons to perform that duty. He removed the squatters to the south side of the Des Moines River. In September, 1842, Captain James Allen, with Company K, was sent by way of Iowa City to establish a post on the Des Moines River to guard the Indian reservation from intruders. He marched his command to the Sac and Fox Agency, occupied a building belonging to the American Fur Company and named the post Fort Sanford, in recognition of the courtesy of Mr. J. Sanford, the agent of that company. The post was located on the left bank of the Des Moines River about sixty-five miles west of Fort Madison, four miles west of the Sac and Fox Agency and twenty-five miles north of the Missouri line. The nearest post-office was Fairfield, twenty-one miles distant. Fort Sanford was abandoned on the 17th of May, 1843 and Captain Allen proceeded with his command to the mouth of the Raccoon River. The settlers, in spite of the military guard, rushed in along the entire line by hundreds, to secure town sites, water powers and timber claims. The treaty was ratified by Congress and the title thus acquired to a vast tract of fertile land, estimated at 10,000,000 of acres.
The year 1842 brought to the people of Iowa severe financial depression, which had begun in the east two or three years earlier. The banks of the country had generally suspended specie payment and many had failed. The Miners’ Bank of Dubuque was the only one in Iowa. It had been badly managed and was soon compelled to suspend. Money was scarce throughout the Territory, ​and exchange of products was the only method of carrying on business.
The Legislature assembled at Iowa City on the 5th of December, 1842, and organized by the election of John D. Elbert, of Van Buren County, President of the Council; and James M. Morgan, of Des Moines County, Speaker of the House. John M. Coleman, Territorial Agent, reported sales of lots at Iowa City, amounting to $22,871 since he had come into office. W. B. Snyder, Superintendent of Public Buildings, reported a portion of the new Capitol inclosed and in condition to accommodate the Legislature. He estimated that $34,143 would complete it. It is a singular fact that the only act of a general nature passed at this session was the appropriation bill, providing for compensation of members and officers of the Legislature.
The winter of 1842-3 was one of the severest known since the first settlements were made in Iowa. Snow began to fall early in November and continued at frequent intervals throughout the entire winter, the first snow remaining on the ground until April. The cold was intense, with fierce winds and before spring, in many parts of the country snow reached a depth of from three to four feet. The settlers were poorly prepared for such a winter, their cabins were cold and little shelter had been provided for live stock. Great suffering ensued. Provisions became nearly exhausted; cattle perished by the thousands; deer, prairie chickens and quail were nearly annihilated. Half-starved wolves prowled about the settlements, seizing pigs, sheep and poultry wherever they could be found. The failure of banks had left the people without money; business of every kind was prostrated and the collection of debts became almost impossible. The only market for farm produce was the limited demand from immigrants moving into the Territory. Good cows could be purchased for ten dollars each; pork for one dollar per hundred, wheat twenty cents a bushel, corn and oats for ten ​cents. Money commanded from twenty-five to forty per cent, interest and the currency in circulation was of doubtful value.
Under this condition of affairs the Sixth Legislative Assembly met at Iowa City on the 4th of December, 1843. Thomas Cox was elected President of the Council and James Carlton was chosen Speaker of the House. Governor Chambers in his message strongly urged the Legislature to again take steps to organize a state government. In order to afford some relief, the Legislature enacted a valuation law, the provisions of which protected property of a debtor from being sold on execution for less than two-thirds of its appraised value. The Legislature also provided for a revision of the laws, which work was done by O. W. Stull and Samuel J. Burr. The work of Mr. Stull was but partially completed when he was removed from office by President Tyler. Mr. Burr was appointed to succeed him as Secretary of the Territory and, after a long delay, completed the revision. An act was again passed submitting to the people a proposition to frame a constitution for a state government. Acts were also passed providing for a census to be taken in May and for an extra session to be held in June; also for the organization of the counties of Keokuk, Wapello and Davis.
The census of the Territory taken in 1844 shows the population by counties as follows:
| Cedar | 2,217 | Kishkekosh | 386 |
| Clayton | 1,200 | Lee | 9,830 |
| Clinton | 1,201 | Linn | 2,643 |
| Davis | 2,622 | Louisa | 3,238 |
| Delaware | 300 | Muscatine | 2,882 |
| Des Moines | 9,109 | Scott | 2,750 |
| Dubuque | 4,049 | Van Buren | 9,019 |
| Henry | 6,017 | Wapello | 2,814 |
| Jackson | 2,000 | Washington | 3,120 |
| Jefferson | 5,694 | | ——— |
| Johnson | 2,949 | Total | 75,150 |
| Jones | 1,112 | | |
​The counties of Kishkekosh and Appanoose were created. The county of Madison was established in the Half-breed Tract, embracing a portion of Lee, with the county-seat at Nashville. An attempt was made to repeal the charter of the Miners’ Bank, the only one in the Territory because it had suspended specie payment and been badly managed. The Territory had borrowed $5,500 of the bank which it was unable to pay, and, under these circumstances, a majority of the members refused to force the bank out of existence.
At the election held in April for a convention to frame a state constitution, the vote stood 6,719 for a convention, to 3,974 against, being a majority of 2,745 for the convention. Governor Chambers issued a proclamation for the election of seventy-three Delegates for this purpose at the August election. Party nominations were made and the Democrats elected a large majority of the delegates.
Among the men of note chosen to frame a constitution were: Ex-Governor Lucas, Shepherd Leffler, J. C. Hall, James Grant, Stephen Hempstead and Francis Gehon, Democrats; Ralph P. Lowe, Elijah Sells, Ebenezer Cook and Stephen B. Shelledy, Whigs. The Whigs generally favored the establishment of a banking system, while a large majority of the Democrats were opposed to banks, either State or National, and to the issue of paper currency. The convention assembled at Iowa City on the 17th of October, 1844, and organized by the election of Shepherd Leffler, of Des Moines County, President; and George S. Hampton, of Johnson County, Secretary. It remained in session until the First of November, framing a constitution and fixing the boundaries of the proposed State to include a large portion of southern Minnesota. The boundaries as fixed by this convention were as follows: the south line between Iowa and Missouri as it is now; 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 of the channel of ​the St. Peter River (Minnesota), where the Watonwan (Blue Earth River) enters the same, thence down the middle of that river to the middle of the channel of the Mississippi and thence down the middle of that river to the place of beginning. These boundaries would have included all of the present State of Iowa except the county of Lyon and a part of Sioux and Osceola, about half of Plymouth and a small fraction of the corners of O’Brien and Dickinson. It would have taken from southeast Minnesota about seventeen counties.
The proposed Constitution provided for biennial sessions of the Legislature; the biennial election of State officers consisting of a Governor, Secretary of State, Auditor, Treasurer and Superintendent of Public Instruction; a Supreme Court to consist of three judges to be chosen by the Legislature; district judges to be elected by the voters of the respective districts; all judges to hold office for four years. Banks were prohibited, and the State debt was limited to $100,000. The limit of all corporations was fixed at twenty years, the private property of stockholders was made liable for corporate debts and the Legislature empowered to repeal all acts of incorporation. Private property could not be taken for the use of corporations without the consent of the owner, a provision which would have enabled any land owner to prevent the building of a railroad over his premises. The Constitution thus framed was forwarded to A. C. Dodge, Delegate in Congress, who was working to secure the admission of Iowa.
The growing conflict between the North and South over the extension of slavery in new States was renewed with bitterness when application was made for the admission of Iowa. After a lengthy contest in each house, a bill finally passed for the admission of Iowa as a free State and Florida as a slave State, on the 3d of March, 1845.
The act of Congress approved June 12, 1838, creating the Territory of Iowa, appropriated $20,000 to be used in ​the construction of public buildings at the seat of government. A subsequent act appropriated one section of public land to be used for the location of the Capitol. This section was laid out in blocks and lots which were offered, for sale by act of the Legislative Assembly, the proceeds used in the construction of the State House. Iowa City was built up on this section, twelve acres of which were reserved for the Capitol Square.
The plan for the Capitol was made by Rev. Samuel Mazzuchelli, and John F. Rague was the first architect. The corner-stone was laid July 4, 1840, and an address made by Governor Lucas. The stone for the building was taken from quarries on the banks of the Cedar and Iowa rivers.
The building was erected on a foundation six feet thick and six feet below the surface of the ground. The walls of the basement were four feet thick, and the upper stories three and two feet in thickness. The size of the building is one hundred and twenty feet long by sixty feet wide. The roof was surmounted by a cupola. On the first floor were rooms for the Governor, Secretary of State, Auditor, Treasurer, Supreme Court and Library. The second story was divided into two rooms for the General Assembly, each fifty-four by forty-three feet in size; the Senate Chamber in the north wing and the House of Representatives in the south. More than fifteen years were consumed in the construction of the building, which was completed in the fall of 1855. In 1842 four rooms on the first floor and the Representatives’ Hall were partially completed so that the Legislative Assembly and State officers occupied the building. The cost of the structure when completed was about $123,000. Four Territorial, six State Legislatures and three Constitutional Conventions were held in this Capitol. Upon the removal of the Capital of the State to Des Moines in 1857 the State House at Iowa City was granted to the State University and has been remodeled and since occupied by that institution.
OLD STATE CAPITOL AT IOWA CITY Since Used by the State University