m gf .r it W.3^ ^iMyi'-^V^;.! : JAVni'.^..^:?' CORNELL UNIVERSITY LIBRARY FROM ^^TTTE DUE OCT g f> 1978 H Cornell University Library F 627B6 H67 History of Black Hawk County, Iowa cont Clin 3 1924 028 913 832 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028913832 THE HI8TOET BLACK HAWK COUNTY, I O A\^ A., CONTAINING A Biographical Directory of Citizens, War Record of its Vol- unteers in the late Rebellion, General and Local Statistics, Portraits of Early Settlers and Prominent Men, His- tory of the Northwest, History of lowaj Map of Black Ha-wk County, Constitution of the United States, Miscellaneous Matters, &c. irjXiTJSTia-A.TE]D. CHICAGO : ' ■WESTEEN HISTOKIOAL COMPANY, /\ L^^ Ulfi I Entered, according to Act ot Congress, in the year 1878, by THE WESTERN HISTORICAL COMPANY, In the OflSce of the Librarian of Congress, at Washington, D. 0. PREFACE. T ESS than half a century has rolled into eternity since the Indian title to -L-' any portion of the soil of Iowa was extinguished, and the Black Hawk Purchase permitted the resistless tide of emigration westward to flow across the Mississippi, and only -thirty years ago the Winnebagoes reluctantly left their Iowa Eeserve, the southern line of which wfts very near the northern part of Black Hawk County. Less than thirty-five years have elapsed since Sturgis and Adams built the first rude log cabins in the valley of the Cedar, and the first brave and hardy pioneers settled on the beautiful prairies of Black Hawk. But these fleeting years have been replete with eventful changes— of history that it has been the purpose of this work to gather, arrange and preserve for transmissioii to posterity as one of the almost countless chapters in the annals of this great country. The task-has been an arduous and responsible one. Some years had passed, after the first permanent settlements by Sturgis, Adams, Hanna, Virden, Melrose, Mullan, Newell and others, before any written records were made; and of those who settled in the county in 1845, only one now remains to tell the story of their hardships and privations. The compilers have been forced to depend upon the remembrances of the early settlers for many of the incidents recorded in the following pages. But memories fail with the accumulating burdens of years, and events that were vividly recalled ten or fifteen years ago, are now so nearly forgotten that they return with difliculty at the call of the historian. The reminiscences of James Newell, one of the pioneers of Iowa as early as 1834^, written by himself before his decease, kindly placed at the disposal of the historians by S. H. Packard, Esq., of Cedar Falls, have furnished some interesting and valuable matter for this work. Large numbers of circulars and letters addressed to Township Clerks and old settlers, asking for information for this work, have not been answered, with one or two honorable exceptions. It has often occurred, also, that difierent individuals have given sincere and honest, but, nevertheless, conflicting, versions of the same events, and it has been a task of great delicacy to harmonize these conflicting statements. This work has been done with much care and discrimination, with the sole purpose of arriving at the truth. How well this task has been performed, the intelligent reader must judge. It will be strange, indeed, if, in the multiplicity of names, dates and events no errors, PREFACE. no omissions be detected. The compilers do not dare hope that, in all its numerous and varied details, this work is absolutely correct, nor is it to be expected that it is beyond criticism ; but it is hoped and believed that it will be found measurably correct and generally accurate and reliable. Great care has been constantly exercised in its preparation in the hope of making it a standard work of reference, as well as a volume of interest to the general reader. Such as it shall be found, however, our work is done, our offering completed, and it remains for us to tender our acknowledgments to the people of Black, Hawk County for the patronage that has enabled us to present them with this volume, and for the courtesy and kindness generally extended to our repre- sentatives, to whom has been intrusted the work of collecting and arranging the historical record herein presented to that posterity who, in the not far dis- tant future, are to take the places of the fathers and mothers of to-day, so many of whose names are honorably recorded in the following pages. Particularly do we desire to express our warmest thanks to those who have taken an interest in the work and who have so generously furnished valuable information, without whose aid this history of Black Hawk County could not have been so complete and accurate as it is hoped it will be found to be. To GrEOEGB W. Hanna, Esq., the oldest settler now living ; to James Virdbn, Esq.; M. Parrott, Esq., of the Iowa State Eeporter; W. H. Hartman, Esq, of the Courier ; Snyder Bros., of the G-azette; S. Van Meter k Co., of the Recorder ; S. H. Packard, Esq.; Dr. J. Wasson, of the Progress ; to the county officers who have so courteously and kindly aided us and placed the official records of the county at our disposal ; to the ministers and official repre- sentatives of the churches, lodges and societies, this paragraph of grateful appreciation and thanks is respectfully dedicated. We are also under obliga- tions to Hon. T. W. BuRDiCK, Member of Congress, for courtesies extended to our representatives. In conclusion, we may be permitted to express the earnest hope that before twoscore more of years have passed, other and abler pens will have gathered and recorded the historic events that are to follow the close of this offering to the people of Black Hawk, that the history of the county may be preserved unbroken from generation to generation ; and to this end public records, private journals and newspaper files should be carefully preserved. PUBLISHERS. September, 1878. CONTENTS Page. History Northwest Territory 19 Geographical Position 19 Early Explorations 20 Discovery of the Ohio 33 English Explorations and Set- tlements 35 American Settlements GO Division of the Northwest Ter- ritory 66 Tecumseh and the War of 1812 70 Black Hawk and the Black Hawk War 74 Other Indian Troubles 79 Present Condition of the North- west 86 Chicago 95 Illinois 240 Indiana 242 Iowa 243 Michigan 244 Wisconsin 245 Minnesota 247 Nebraska 248 History of Iowa : GeogTaphical Situation 109 Topography 109 Drainage System 110 Rivers ., , Ill Lakes '. 118 Springs 119 Prairies 120 Geology 120 Climatology 137 ; HISTORlCAli. Page. History of Iowa : Discovery and Occupation 139 Territory 147 Indians 147 Pike's Expedition 151 Indian Wars 152 • Black Hawk War 157 Indian Purchase, Keserves and Treaties 159 Spanish Grants 163 Half-Breed Tract , 164 Early Settlements 166 Territorial History 173 Boundary Question 177 State Organization .181 Growth and Progress 185 Agricultural College and Farm.186 State University 187 State Historical Society 193 Penitentiaries 194 Insane Hospitals 195 College for the Blind 197 Deaf and Dumb Institution 199 Soldiers' Orphans' Homes 199 State Normal School 201 Asylum for Feeble Minded Children 201 Beform School 202 Fish Hatching Establishment..2n3 Public Lands 204 Public Schools 218 Political Record 223 War Record 229 History oi Iowa : Number Volunteers 233 Number Casualties— Officers. ..234 Number Casualties— Enlisted ^Men 236 Population .238 Agricultural Statistics i,274 History of Blackhawk County from its early settlement to the present time 307 ' Postmasters and Post Offices 359 County Officers 364 Educational 366 Press ; 370 Railroads 374 Agricultural Societies 376 Patrons of Husbandry 377 Medical Association 378 - Insurance Company 378 War History 439 Town Histories: Waterloo 379 Cedar Falls 410 La Porte City 430 Cedar City 434 Gilbertville 435 Raymond 436 Hudson 437 Barclay 433 Janesville 433 Finchford 438' Property Statement and Popu- lation 603 Page, Mouth of the Mississippi 21 Source of the Mississippi 21 Wild Prairie 23 La Salle Landing on the Shore of Green Bay 25 Buffalo Hunt 27 Trapping 29 Hunting 32 Iroquois Chief 34 Pontiac, tlxe Ottawa Chieftain 43 Indiaos Attacking Frontiersmen.. 56 A Prairie Storm 59 IlililJSTRATIONS. Page. A Pioneer Dwelling 61 Breaking Prairie 63 Tecumseh, the Shawanoe Chieftain 69 Indians Attacking a Stockade 72 Black Hawk, the Sac Chieftain 75 Big Eagle 80 Captain Jack, the Modoc Chieftain 83 Kinzie House 85 A Representative Pioneer ,. 86 Lincoln Monument 87 A Pioneer School House 88 Page Pioneers' First Winter 94 Great Iron Bridge of C, B. I. & P. B. R., Crossing the Mississippi at Davenport, Iowa , 91 Chicago in 1833 95 Old Fort Dearborn, 1830 98 Present Site Lake Street Bridge, Chicago, 1833 98 Ruins of Chicago 104 "View of the City of Chicago 1U6 Hunting Prairie Wolves 249 I.ITHOGRAPIIIC PORTRAITS. Bishop, S. A.., Foote, D. W..., Page. 357 425 I Page. , Hartman, W. H 3C5 ; Melendy, Peter 493 Page. Parrott, Matt 339 Williams, D. C.'. 391 RLACK HAWK COUMTY VOI.UKTEERS, Infantry: Page. Third 445 Ninth 447 Twelfth 447 Sixteenth 448 Twenty-first 449 Infantry: Page. Thirty-first 449 Thirty-second v-4'52 Thirty-seventh 454 Forty-first 454 Forty-seventh 454 Cavalry : Page. First 454 Fourth 455 Seventh , 455 Ninth V 456 Artillery ;. 456 Miscellaneous 457 CONTENTS. BIOORAPHlCfAIi TOWNSHIP l>IRECTORY, Page. Barclay 577 Beonington 537 Big Creek 509 Black Hawk 560 Cedar 573 Cedar Falls 491 Eaat Waterloo 482 Page. Eagle 568 Fox 596 Lester 584 Lincoln 556 Mount Vernon 526 Orange 517 Page. Poyner 544 Spring Creek 533 Union 541 Washington 552 Waterloo City 461 Waterloo Township ' 478 ABSTRACT OF lOlVA STATE IiAWS. Page. Adoption of Children 287 Bills of Exchange and Promissory Notes 275 Commercial Terms 289 Capital Punishment 282 Charitable, Scientific and Beligious Associations 300 Descent 275 Damages from Trespass j284 Exemptions from Execution 282 Estrays 283 Forms: Articles of Agreement 291 Bills of Sale 292 Bond for Deed 299 Bills of Purchase 290 Page. Forms : Chattel Mortgage 298 Confession of Judgment 290 Lease 296 Mortgages i294 Notice to Quit 293 Notes... 290,297 Orders 290 Quit Claim Deed 299 Receipts 290 Wills and Codicils 293 Warranty Deed 298 Fences 284 Interest;. 275 Intoxicating Liquors 301 Jurisdiction of Courts '...281 Page. Jurors 281 Limitation of Actions 281 Landlord and Tenant 288 Married Women 282 Marks and Brands 284 Mechanics' Liens. 285 Boads and Bridges 286 Surveyors and Surveys 287 Suggestions to Persons Purchasing Books by Subscription 303 Support of Poor 287 Taxes 277 Wills and Estates 276 Weights and Measures 289 Wolf Scalps 284 Page. Map of Black Hawk County Front. Constitution of United States 250 Vote for President and Vice Pres- ident 264 Practical Rules for Every-Day Use..265 United States Government Land Measure.... 268 lUISCELiI. 4M£01J!$. Page. Surveyor's Measure 269 How to Keep Accounts 269 Interest Table 270 Miscellaneous Table 270 Names of the States of the Union and their Significations 271 Population of the United States 272 Page. Population of Fifty Principal Cities of the United States 272 Population and Area of the United States 273 Population of the Principal Coun- tries in the World 273 Tax Levied, 1877 304 ;j^ JD jcr^O-O o •J\r06J7 ■jcesj: 'insmLnts: jxec JTigJ, JL CT JSZJIL -H 1D 03 The Northwest Territory. GEOGRAPHICAL POSITION. "When the Northwestern Territory was ceded to the United States by Virginia in 1784, it embraced only the territory lying between the Ohio and the Mississippi Rivers, and north to the northern limits of the United States. It coincided with the area now embraced in the States of Ohio, Indiana, Michigan, Illinois, Wisconsin, and that portion of Minnesota lying on the east side of the Mississippi River. The United States itself at that period extended no farther west than the Mississippi River ; but by the purchase of Louisiana in 1803, the western boundary of the United States was extended to the Rocky Mountains and the Northern Pacific Ocean. The new territory thus added to the National domain, and subsequently opened to settlement, has been called the " New Northwest," in contradistinction from the old " Northwestern Territory." In comparison with the old Northwest this is a territory of vast magnitude. It includes an area of 1,887,850 square miles ; being greater in extent than the united areas of all the Middle and Southern States, including Texas. Out of this magnificent territory have been erected eleven sovereign States and eight Territories, with an aggregate popula- tion, at the present time, of 13,000,000 inhabitants, or nearly one third of the entire population of the United States. Its lakes are fresh-water seas, and the larger rivers of the continent flow for a thousand miles through its rich alluvial valleys and far- stretching prairies, more acres of which are arable and productive of the highest percentage of the cereals than of any other area of like extent on the globe. For the last twenty years the increase of population in the North- west has been about as three to one in any other portion of the United States. (19) 20 THE NOKTHWEST TEEEITORY. EARLY EXPLORATIONS. In the year 1541, DeSoto first saw the Great West in the New World. He, however, penetrated no farther north than the 35th parallel of latitude. The expedition resulted in his death and that of more than half his army, the remainder of whom found their way to Cuba, thence to Spain, in a famished and demoralized condition. DeSoto founded no settlements, produced no results, and left no traces, unless it were that he awakened the hostility of the red man against the white man, and disheartened such as might desire to follow up the career of discovery for better purposes. The French nation were eager and ready to seize upon any news from this extensive domain, and were the first to profit by DeSoto's defeat. Yet it was more than a century before any adventurer took advantage of these discoveries. In 1616, four years before the pilgrims " moored their bark on the wild New England shore," Le Caron, a French Franciscan, had pene- trated through the Iroquois and Wyandots (Hurons) to the streams which run into Lake Huron ; and in 1634, two Jesuit missionaries founded the first mission among the lake tribes. It was just one hundred years from the discovery of the Mississippi by DeSoto (1541) until the Canadian envoys met the savage nations of the Northwest at the Falls of St. Mary, below the outlet of Lake Superior. This visit led to no permanent result; yet it was not until 1659 that any of the. adventurous fur traders attempted to spend a Winter in the frozen wilds about the great lakes, nor was it until 1660 that a station was established upon their borders by Mesnard, who perished in the woods a few months after. In 1665, Claude AUouez built the earliest lasting habitation of the white man among the Indians of the Northwest. In 1668, Claude Dablon and James Marquette founded the mission of Sault Ste. Marie at the Falls of St. Mary, and two years afterward, Nicholas Perrot, as agent for M. Talon, Governor Gen- eral of Canada, explored Lake Illinois (Michigan) as far south as the present City of Chicago, and invited the Indian nations to meet him at a grand council at Sault Ste. Marie the following Spring, where they were taken under the protection of the king, and formal possession was taken of the Northwest. This same year Marquette established a mission at Point St. Ignatius, where was founded the old town of Michillimackinac. During M. Talon's explorations and Marquette's residence at St. Ignatius, they learned of a great river away to the west, and fancied —as all others did then— that upon its fertile banks whole tribes of God's children resided, to whom the sound of the Gospel had never come. Filled with a wish to go and preach to them, and in compliance with a THE NORTHWEST TKRRITOEY. 21 6l w H O « o 1^ ft a H O § o 22 THE NORTHWEST TBEEITOiSY. request of M. Talon, who earnestly desired to extend the domain of his king, and to ascertain whether the river flowed into the Gulf of Mexico or the Pacific Ocean, Marquette with Joliet, as commander of the expe- dition, prepared for the undertaking. On the 13th of May, 1673, the explorers, accompanied by five assist- ant French Canadians, set out from Mackinaw on their daring voyage of discovery.' The Indians, who gathered to witness their departure, were astonished at the boldness of the undertaking, and endeavored to dissuade them from their purpose by representing the tribes on the Mississippi as exceedingly savage and cruel, and the river itself as full of all sorts of frightful monsters ready to swallow them and their canoes together. But, nothing daunted by these terrific descriptions, Marquette told them he was willing not only to encounter all the perils of the unknown region they were about to explore, but to lay down his life in a cause in which the salvation of souls was involved ; and having prayed together they separated. Coasting along the northern shore 'of Lake Michigan, the adventurers entered Green Bay, and passed thence up the Fox River and Lake Winnebago to a village of the Miamis and Kickapoos. Here Mar- quette was delighted to find a beautiful cross planted in the middle of the town ornamented with white skins, red girdles and bows and arrows, which these good people had offered to the Great Manitou, or God, to thank him for the pity he had bestowed on th'em during the Winter in giving them an abundant " chase." This was the farthest outpost to which Dablon and Allouez had extended their missionary labors the j'ear previous. Here Marquette drank mineral waters and was instructed in the secret of a root which cures the bite of the venomous rattlesnake. He assembled the chiefs and old men of the village, and, pointing to Joliet, said : " My friend is an envoy of France, to discover new coun- tries, and I am an ambassador from God to enlighten them with tlie truths of the Gospel." Two Miami guides were here furnished to conduct them to the Wisconsin River, and they set out from the Indian village on the 10th of June, amidst a great crowd of natives who had assembled to witness their departure into a region where no white man had ever yet ventured. The guides, having conducted them across the portage, returned. The explorers launched their canoes upon the Wisconsin, which they descended to the Mississippi and proceeded down its unknown waters. What emotions must have swelled their breasts as they struck out into the broadening current and became conscious that they were now upon the bosom of ths Father of Waters. The mystery was about to be lifted from the long-sought river. The scenery in that locality is beautiful, and on that delightful seventeenth of June must have been clad in all its primeval loveliness as it had been adorned by the hand of THE NORTHWEST TERRITORY. 23 Nature. Drifting rapidly, it is said that the bold bluffs on either hand "reminded them of the castled shores of their own beautiful rivers of France." By-and-by, as they drifted along, great herds of buffalo appeared on the banks. On going to the heads of the valley they could see a country of the greatest beauty and fertility, apparently destitute of inhab- itants yet presenting the appearance of extensive manors, under the fas- tidious cultivation of lordly proprietors. THE WILD PKAIEIE. On June 25, they went ashore and found some fresh traces of men upon the sand, and a path which led to the prairie. The men remained in the boat, and Marquette and Joliet followed the path till they discovered a village on the banks of a river, and two other villages on a hill, within a half league of the first, inhabited by Indians. They were received most hospitably by these natives, who had never before seen a white person. After remaining a few days they re-embarked and descended the river to about latitude 33°, where they found a village of the Arkansas, and being satisfied that the river flowed into the Gulf of Mexico, turned their course 24 THE NORTH-WEST TERRITORY. up the river, and ascending the stream to the mouth of the Illinois, rowed up that stream to its source, and procured guides from that point to the lakes. " Nowhere on this journey," says Marquette, " did we see such grounds, meadows, woods, stags, buffaloes, deer, wildcats, bustards, swans, ducks, parroquets, and even beavers, as on the Illinois Eiver." The party, without loss or injury, reached Green Bay in September, and reported their discovery— one of the most important of the age, but of which no record was preserved save Marquette's, Joliet losing his by the upsetting of his canoe on his way to Quebec. Afterward Marquette returned to the Illinois Indians by their request, and ministered to them until 1675. On the 18th of May, in that year, as he was passing the mouth of a stream — going with his boatmen up Lake Michigan — ^he asked to land at its mouth and celebrate Mass. Leaving his men with the canoe, he retired a short distance and began his devotions. As much time passed and he did not return, his men went in search of him, and found him upon his knees, dead. He had peacefully passed away while at prayer. He was buried at this spot. Charlevoix, who visited the place fifty years after, found the waters had retreated from the grave,. leaving the beloved missionary to repose in peace. The river has since been called Marquette. While Marquette and his companions were pursuing their labors in the West, two men, differing widely from him and each other, were pre- paring to follow in his footsteps and perfect the discoveries so well begun by him. These were Robert de La Salle and Louis Hennepin. After La Salle's return from the discovery of the Ohio River (see the narrative elsewhere), he established himself again among the French trading posts in Canada. Here he mused long upon the pet project of those ages — a short way to China and the East, and was busily planning an expedition up the great lakes, and so across the continent to the Pacific, when Marquette returned from the Mississippi. At once the vigorous mind of LaSalle received from his and his companions' stories the idea that by fol- lowing the Great River northward, or by turning up some of the numerous western tributaries, the object could easily be gained. He applied to Frontenac, Governor General of Canada, and laid before him the plan, dim but gigantic. Frontenac entered warmly into his plans, and saw that LaSalle's idea to connect the great lakes by a chain of forts with the Gulf of Mexico would bind the country so wonderfully together, give un- measured power to France, and glory to himself, under whose adminis- tration he earnestly hoped all would be realized. LaSalle now repaired to France, laid his plans before the King, who warmly approved of them, and made him a Chevalier. He also receivocl from all the noblemen the warmest wishes for his success. The Ohev- THE NOETHWEST TEKRITOKY. 25 alier returned to Canada, and busily entered upon his work. He at once rebuilt Fort Frontenao and constructed the first ship to sail on these fresh-water seas. On the 7th of August, 1679, having been joined by Hennepin, he began his voyage in the Griffin up Lake Erie. He passed over this lake, through the straits beyond, up Lake St. Clair and into Huron. In this lake they encountered heavy storms. They were some time at Michillimackinac, where LaSalle founded a fort, and passed on to Green Bay, the " Baie des Puans " of the French, where he found a large quantity of furs collected for him. He loaded the Griffin with these, and placing her under the care of a pilot and fourteen sailors. LA SALLE LANDING ON THE SHORE OF GREEN BAY. Started her on her return voyage. The vessel was never afterward heard of. He remained about these parts until early in the Winter, when, hear- ing nothing from the Griffin, he collected all the men— thirty working men and three monks— and started again upon his great undertaking. By a short portage they passed to the Illinois or Kankakee, called by the Indians, "Theakeke," wolf, because of the tribes of Indians called by that name, commonly known as the Mahingans, dwelling there. The French pronounced it Kiakiki, which became corrupted to Kankakee. "Falling down the said river by easy journeys, the better to observe the country," about the last of December they reached a village of the Illi- nois Indians, containing some five hundred cabins, but at that moment 26 THE NORTHWEST TERBITORY. no inhabitants. The Seur de LaSalle being in want of some breadstuffs, took advantage of the absence of the Indians to help himself to a suffi- ciency of maize, large quantities of which he found concealed in holes under the wigwams. This village was situated near the present village of Utica in LaSalle County, Illinois. The corn being securely stored, the voyagers again betook themselves to the stream, and toward evening, on the 4th day of January, 1680, they came into a lake which must have been the lake of Peoria. This was called by the Indians Fim-i-te-wi, that is, a place where there are many fat beasts. Here the natives were met with in large numbers, but they were gentle and kind', and having spent some time with them, LaSalle determined to erect another fort in that place, for he had heard rumors that some of the adjoining tribes were trying to disturb the good feeling which existed, and some of his men were disposed to complain, owing to the hardships and perils of the travel. He called this fort " Oreveeceur" (broken-heart), a name expressive of the very natural sorrow and anxiety which the pretty certain loss of his ship. Griffin, and his consequent impoverishment, the danger of hostility on the part of the Indians, and of mutiny among his own men, might well cause him. His fears were not entirely groundless. At one time poison was placed in his food, but fortunately was discovered. While building this fort, the Winter wore away, the prairies began to look green, and LaSalle, despairing of any reinforcements, concluded to return to Canada, raise new means and new men, and embark anew in the enterprise. For this purpose he made Hennepin the leader of a party to explore the head waters of the Mississippi, and he set out on his jour- ney. This journey was accomplished with the aid of a few persons, and was successfully made, though over an almost u'lknown route, and in a bad season of the year. He safely reached Cana Ja, and set out again for the object of his search. Hennepin and his party left Fort Crevecceur on the last of February, 1680. When LaSalle reached this place on his return expedition, he found the fort entirely deserted, and he was obliged to return again to Canada. He embarked the third time, and succeeded. Seven days after leaving, the fort, Hennepin reached the Mississippi, and paddling up the icy stream as best he could, reached no higher than the Wisconsin River by the 11th of April. H^re he and his followers were taken prisoners by a band of Northern Indians, who treated them with great kindness. Hen- nepin's comrades were Anthony Auguel and Michael Ako. On this voy- age they found several beautiful lakes, and " saw some charming prairies." Their captors were the Isaute or Sauteurs, Chippewas, a tribe of the Sioux nation, who took them up the river until aboi^t the first of May, when they reached some falls, which Hennepin christened Falls of St. Anthony THE NOETHWEST TERRITORY. 27 m honor of his patron saint. Here they took the land, and traveling nearly two hundred miles to the northwest, brought them to their villages. Here they were kept about three months, were treated kindly by their captors, and at the end of that time, were met by a band of Frenchmen, r BUFFALO HUNT. headed, by one Seur de Luth, who, in pursuit of trade and game, had pene- trated thus far by the route of Lake Superior ; and with these fellow- countrymen Hennepin and his companions were allowed to return to the borders of civilized life in November, 1680, just after LaSalle had returned to the wilderness on his second trip. Hennepin soon after went to France, where he published an account of his adventures. 28 THE NORTHWEST TBEEITOBY. The Mississippi was first discovered by De Soto in April, 1541, in his vain endeavor to find gold and precioas gems. In the following Spring, De Soto, weary with hope long deferred, and worn out with his wander- ings, he fell a victim to disease, and on the 21st of May died. His followers, reduced by fatigue and disease to less than three hundred men, wandered about the country nearly a year, in the vain endeavor to rescue them- selves by land, and finally constructed seven small vessels, called brigan- tines, in which they embarked, and descending the river, supposing it would lead them to the sea, in July they came to the sea (Gulf of Mexico), and by September reached the Island of Cuba. They were the first to see the great outlet of the Mississippi ; but, being so weary and discouraged, made no attempt to claim the country, and hardly had an intelligent idea of what they had passed through. To La Salle, the intrepid explorer, belongs the honor of giving the first account of the mouths of the river. His. great desire was to possess this entire country for his king, and in January, 1682, he and his band of explorers left the shores of Lake Michigan on their third attempt, crossed the portage, passed down the Illinois River, and on the 6th of February, reached the banks of the Mississippi. On the 13th they commenced their downward course, which they pursued with but one interruption, until upon the 6th of March they dis- covered the three great passages by which the river discharges its waters into the gulf. La Salle thus narrates the event : " We landed on the bank of the most western channel, about three leagues (nine miles) from its mouth. On the seventh, M. de LaSalle went to reconnoiter the shores of the neighboring sea, and M. de Tonti meanwhile examined the great middle channel. They found the main ■outlets beautiful, large and deep. On the 8th we reascended the river, a little above its confluence with the sea, to find a dry place beyond the ref»*h of inundations. The elevation of the North Pole was here about twenty-seven degrees. Here we prepared a column and a cross, and to the column were affixed the arms of France with this inscription : Louis Le Grand, Roi De France et de Navarre, regne ; Le neuvieme Avril, 1682. The whole party, under arms, chanted the Te Beum, and then, after ■a salute and cries of " Vive le Roi" the column was erected by M. de La Salle, who, standing near it, proclaimed in a loud voice the authority of the King of France. LaSalle returned and laid the foundations of the Mis- sissippi settlements in Illinois, thence he proceeded to France, where another expedition was fitted out, of which he was commander, and in two succeeding voyages failed to find the outlet of the river by sailing along the shore of the gulf. On his third voyage he was killed, through the THE NORTHWEST TEEEITOEY. 29 treachery of his followers, and the object of his expeditions was not accomplished until 1699, when D'Iberville, under the authority of the crown, discovered, on the second of March, by way of the sea, the mouth of the " Hidden River." This majestic stream was called by the natives *^ Malbouohia," and by the Spaniards, "Za Palissade,'" from the great TRAPPING. number of trees about its mouth. After traversing the several outlets, and satisfying himself as to its certainty, he erected a fort near its western outlet, and returned to France. An avenue of trade was now opened out which was fully improved. In. 1718, New Orleans was laid out and settled by some European colo- nists. In 1762, the colony was made over to Spain, to be regained by France under the consulate of Napoleon. In 1803, it was purchased by 30 THE NORTHWEST TBEEITOEY. the United States for the sum of fifteen million dollars, and the territory of Louisiana and commerce of the Mississippi River came under the charge of the United States. Although LaSalle's labors ended in defeat and death, he had not worked and suffered in vain. He had thrown open to France and the world an immense and most valuable country ; had established several ports, and laid the foundations of more than one settlement there. " Peoria, Kaskaskia and Caholda, are to this day monu- ments of LaSalle's labors ; for, though he had founded neither of them, (unless Peoria, which was built nearly upon the site of Fort Crevecoeur,) it was by those whom he led into the West that these places were peopled and civilized. He was, if not the discoverer, the first settler of the Mississippi Valley, and as such deserves to be known and honored." The French early improved the opening made for them. Before the year 1698, the Rev. Father G-ravier began a mission among the Illinois, and founded Kaskaskia. For some time this was merely a missionary station, where none but natives resided, it being one of three such vil- lages, the other two being Cahokia and Peoria. What is known of these missions is learned from a letter written by Father Gabriel Marest, dated " Aux Cascaskias, autrement dit de I'lmmaculate Conception de la Sainte Vierge, le 9 Novembre, 1712." Soon after the founding of Kaskaskia, the missionary, Pinet, gathered a flock at Cahokia, while Peoria arose near the ruins of Fort Crevecoeur. This must have been about the year 1700. The post at Vincennes on the Oubache river, (pronounced WS-bS., meaning summer cloud moving swiftly) was estab- lished in 1702, according to the best authorities.* It is altogether prob- able that on LaSalle's last trip he established the stations at Kaskaskia and Cahokia. In July, 1701, the foundations of Fort Ponchartrain were laid by De la Motte Cadillac on the Detroit River. These sta- tions, with those established further north, were the earliest attempts to occupy the Northwest Territory. At the same time efforts were being made to occupy the Southwest, which finally culminated in the settle- ment and founding of the City of New Orleans by a colony from England in 17IS. This was mainly accomplished through the efforts of the famous Mississippi Company, established by the notorious John Law, who so quickly arose into prominence in France, and who with hia scheme so quickly and so ignominiously passed away. From the time of the founding of -these stations for fifty years the French nation were engrossed with the settlement of the lower Missis- sippi, and the war with the Chicasaws, who had, in revenge for repeated • There Is considerable dispute about this date, some asserting It was founded as late as 1742. When the new court house at Vlncennes was erected, all authorities on the subject were carefully examined, and . /02 fixed upon as the correct date. It was accordingly engraved on the corner-stone of the court house. > THE NOKTHWEST TEEEITOEY. 31 injuries, cut off the entire colony at Natchez. Although the company did little for Louisiana, as the entire West was then called, yet it opened the trade through the Mississippi River, and started the raising of grains indigenous to that climate. Until the year 1750, but little is known of the settlements in the Northwest, as it was not until this time that the attention of the English was called to the occupation of this portion of the New World, which they then supposed they owned. Vivier, a missionary among the Illinois, writing from " Aux Illinois," six leagues from Fort Chartres, June 8, 1750, says: "We have here whites, negroes and Indians, to say nothing of cross-breeds. There are five French villages, and three villages of the natives, within a space of twenty-one leagues situated between the Mississippi and another river called the Karkadaid (Kaskaskias). In the five French villages are, perhaps, eleven hundred whites, three hundred blacks and some sixty red slaves or savages. The three Illinois towns do not contain more than eight hundred souls all told. Most of the French till the soil; they raise wheat, cattle, pigs and horses, and live like princes. Three times as much is produced as can be consumed ; and great quantities of grain and flour are sent to New Orleans." This city was now the seaport town of the Northwest, and save in the extreme northern part, where only furs and copper ore were found, almost all the products of the country found their way to France by the mouth of the Father of Waters. In another letter, dated Novem- ber 7, 1750, this same priest says: "For fifteen leagues above the mouth of the Mississippi one sees no dwellings, the ground being too low to be habitable. Thence to New Orleans, the lands are only partially occupied. New Orleans contains black, white and red, not more, I think, than twelve hundred persons. To this point come all lumber, bricks, salt-beef, tallow, tar, skins and bear's grease ; and above all, pork and flour from the Illinois. These things create some commerce, as forty vessels and more have come hither this year. Above New Orleans, plantations are again met with ; the taost considerable is a colony of Germans, some ten leagues up the river. At Point Coupee, thirty-five leagues above the German settlement, is a fort. Along here, within five or six leagues, are not less than sixty habitations. Fifty leagues farther up is the Natchez post, where we have a garrison, who are kept prisoners through fear of the Chickasaws. Here and at Point Coupee, they raise excellent tobacco. Another hundred leagues brings us to the Arkansas, where we have also a fort and a garrison for the benefit of the river traders. * * * From the Arkansas to the Illinois, nearly five hundred leagues, there is not a settlement. There should be, however, a fort at the Oubache (Ohio), the only path by which the English can reach the Mississippi. In the Illinois country are numberless mines, but no one to 82 THE NOKTHWBST TEKEITOBY. work them as they deserve." Father Marest, writing from the post at Vincennes in 181 2, makes the same observation. Vivier also says : ' ' Some individuals dig lead near the surface and supply the Indians and Canada. Two Spaniards now here, who claim to be adepts, say that our mines are like those of Mexico, and that if we would dig deeper, we should find silver under the lead ; and at any rate the lead is excellent. There is also in this country, beyond doubt, copper ore, as from time to time large pieces are found in the streams." H,TmTING. At the close of the year 1750, the French occupied, in addition to the lower Mississippi posts and those in Illinois, one at Du Quesne, one at the Maumee in the country of the Miamis, and one at Sandusky in what may be termed the Ohio Valley. In the northern part of the Northwest they had stations at St. Joseph's on the St. Joseph's of Lake Michigan, at Fort Ponchartiain (Detroit), at Michillimackanac or Massillimacanac, Fox River of Green Bay, and at Sault Ste. Marie. The fondest dreams of LaSalle were now fully realized. The French alone were possessors of this vast realm, basing their claim on discovery and settlement. Another nation, however, was now turning its attention to this extensive country, THE NORTHWEST TEREITOKY. 38 and hearing of its wealth, began to lay plans for occupying it and for securing the great profits arising therefrom. The French, however, had another claim to this country, namely, the DISCOVERY OF THE OHIO. This " Beautiful " river was discovered by Robert Cavalier de La- Salle in 1669, four years before the discovery of the Mississippi by Joliet . and Marquette. While LaSalle was at his trading post on the St. Lawrence, he found leisure to study nine Indian dialects, the chief of which was the Iroquois. He not only desired to facilitate his intercourse in trade, but he longed to travel and explore the unknown regions of the West. An incident soon occurred which decided him to fit out an exploring expedition. While conversing with some Senecas, he learned of a river called the Ohio, which rose in their country and flowed to the sea, but at such a distance that it required eight months to reach its mouth. In this state- ment the Mississippi and its tributaries were considered as one stream. LaSalle believing, as most of the French at that period did, that the great rivers flowing west emptied into the Sea of California, was anxious to embark in the enterprise of discovering a route across the continent to the commerce of China and Japan. He repaired at once to Quebec to obtain the approval of the Gov- ernor. His eloquent appeal prevailed. The Governor and the Intendant,, Talon, issued letters patent authorizing the enterprise, but made no pro- vision to defray the expenses. At this juncture the seminary of St. Sul- pice decided to send out missionaries in connection with the expedition, and LaSalle offering to sell his improvements at LaChine to raise money, the offer was accepted by the Superior, and two thousand eight hundred dollars were raised, with which LaSalle purchased four canoes and the necessary supplies for the outfit. On the 6th of July, 1669, the party, numbering twenty-four persons, embarked in seven canoes on the St. Lawrence ; two additional canoes carried the Indian guides. In three days they were gliding over the bosom of Lake Ontario. Their guides conducted them directly to the Seneca village on the bank of the Genesee, in the vicinity of the present City of Rochester, New York. Here they expected to procure guides to conduct them to the Ohio, but in this they were disappointed. The Indians seemed unfriendly to the enterprise. LaSalle suspected that the Jesuits had prejudiced their minds against his plans. After waiting a month in the hope of gaining their object, they met an Indian 84 THE NORTHWEST TERRITORY. from the Iroquois colony at the head of Lake Ontario, who assured them that they could there find guides, and offered to conduct them thence. On their way they passed the mouth of the Niagara River, when they hedrd for the first time the distant thunder of the cataract. Arriving among the Iroquois, they met with a friendly reception, and learned from a Shawanee prisoner that they could reach the Ohio in six weeks. Delighted with the unexpected good fortune, they made ready to resume their journey ; but just as they were about to start they heard of the arrival of two Frenchmen in a neighboring village. One of them proved to be Louis Joliet, afterwards famous as an explorer in the West. He THE KOETHWEST TEEEITOEY. 35 had been sent by the Canadian Government to explore the copper mines on Lake Superior, but had failed, and was on his way back to Quebec. He gave the missionaries a map of the country he had explored in the lake region, together with an account of the condition of the Indians in that quarter. This induced the priests to determine on leaving the expedition and going to Lake Superior. LaSalle warned them that the Jesuits were probably occupying that field, and that they would meet with a cold reception. Nevertheless they persisted in their purpose, and after worship on the lake shore, parted from LaSalle. On arriving at Lake Superior, they found, as LaSalle had predicted, the Jesuit Fathers, Marquette and Dablon, occupying the field. These zealous disciples of Loyola informed them that they wanted no assistance from St. Sulpice, nor from those who made him their patron saint ; and thus repulsed, they returned to Montreal the following June without having made a single discovery or converted a single Indian. After parting with the priests, LaSalle went to the chief Iroquois village at Onondaga, where he obtained guides, and passing thence to a tributary of the Ohio south of Lake Erie, he descended the latter as far as the falls at Louisville. Thus was the Ohio discovered by LaSalle, the persevering and successful French explorer of the West, in 1669. The account of the latter part of his journey is found in an anony- mous paper, which purports to have been taken from the lips of LaSalle himself during a subsequent visit to Paris. In a letter written to Count Frontenac in 1667, shortly after the discovery, he himself says that he discovered the Ohio and descended it to the falls. This was regarded as an indisputable fact by the French authorities, who claimed the Ohio Valley upon another ground. When Washington was sent by the colony of Virginia in 1753, to demand of Gordeur de St. Pierre why the French had built a fort on the Monongahela, the haughty commandant at Quebec replied : " We claim the country on the Ohio by virtue of the discoveries of LaSalle, and will not give it up to the English. Our orders are to make prisoners of every Englishman found trading in the Ohio Valley." ENGLISH EXPLOKATIONS AND SETTLEMENTS. When the new year of 1750 broke in upon the Father of Waters and the Great Northwest, all was still wild save at the French posts already described. In 1749, when the English first began to think seri- ously about sending men into the West, the greater portion of the States of Indiana, Ohio, Illinois, Michigan, Wisconsin, and Minnesota were yet under the dominion of the red men. The English knew, however, pretty 36 THE KOBTHWEST TEREITOEY. conclusively of the nature of the wealth of these wilds. As early as 1710, Governor Spotswood, of Virginia, had commenced movements to secure the 'country west of the AUeghenies to the English crown. In Pennsylvania, Governor Keith and James Logan, secretary of the prov- ince, from 1719 to 1731, represented to the powers of England the neces- sity of securing the Western lands. Nothing was done, however, by that power save to take some diplomatic steps to secure the claims of Britain to this unexplored wilderness. England had from the outset claimed from the Atlantic to the Pacific, on the ground that the discovery of the seacoast and its possession was a discovery and possession of the country, and, as is well known, her grants to the colonies extended " from sea to sea." This was not all her claim. She had purchased from the Indian tribes large tracts of land. This lat- ter was also a strong argument. As early as 1684, Lord H oward. Gov- ernor of Virginia, held a treaty with the six nations. These were the great Northern Confederacy, and comprised at first the Mohawks, Onei- das, Onondagas, Cayugas, and Senecas. Afterward the Tuscaroras were taken into the confederacy, and it became known as the Six Nations. They came under the protection of the mother country, and again in 1701, they repeated the agreement, and in September, 1726, a formal deed was drawn up and signed by the chiefs. The validity of this claim has often been disputed, but never successfully. In 1744, a purchase was made at Lancaster, Pennsylvania, of certain lands within.the " Colony of Virginia," for which the Indians received £200 in gold and a like sum in goods, with a promise that, as settlements increased, more should be paid. The Commissioners from Virginia were Colonel Thomas Lee and Colonel William Beverly. As settlements extended, the promise of more pay was called to mind, and Mr. Conrad Weiser was sent across the mountains with presents to appease the savages. Col. Lee, and some Virginians accompa- nied him with the intention of sounding the Indians upon their feelings regarding the English. They were not satisfied with their treatment, and plainly told the Commissioners why. The English did not desire the cultivation of the country, but the monopoly of the Indian trade. In 1748, the Ohio Company was formed, and petitioned the king for a grant of land beyond the AUeghenies. This was granted, and the government of Virginia was ordered to grant to them a half million acres, two hun- dred thousand of which were to be located at once. Upon the 12th of June, 1749, 800,000 acres from the line of Canada north and west was made to the Loyal Company, and on the 29th of October, 1751, 100,000 acres were given to the Greenbriar Company. All this time the French were not idle. They saw that, should the British gain a foothold in the West, especially upon the Ohio, they might not only prevent the French THE NORTHWEST TBBKITOKY. 37 settling upon it, but in time would come to the lower posts and so gain possession of the whole country. Upon the 10th of May, 1774, Vaud- reuil. Governor of Canada and the French possessions, well knowing the consequences that must arise from allowing the English to build trading posts in the Northwest, seized some of their frontier posts, and to further secure the claim of the French to the West, he, in 1749, sent Louis Cel- eron with a party of soldiers to plant along the Ohio River, in the mounds and at the mouths of its principal tributaries, plates of lead, on which were inscribed the claims of France. These were heard of in 1752, and within the memory of residents now living along the " Oyo," as the beautiful river was called by the French. One of these plates was found with the inscription partly defaced. It bears date August 16, 1749, and a copy of the inscription with particular account of the discovery of the plate, was sent by DeWitt Clinton to the American Antiquarian Society, among whose journals it may now be found.* These measures did not, however, deter the English from going on with their explorations, and though neither party resorted to arms, yet the conflict was gathering, and it was only a question of time when the storm would burst upon the frontier settlements. In 1750, Christopher Gist was sent by the Ohio Company to examine its lands. He went to a village of the Twigtwees, on the Miami, about one hundred and fifty miles above its mouth. He afterward spoke of it as very populous. From there he went down the Ohio River nearly to the falls at the present City of Louisville, and in November he commenced a survey of the Company's lands. Dur- ing the Winter, General Andrew Lewis performed a similar work for the Greenbriar Company. Meanwhile the French were busy in preparing their forts for defense, and in opening roads, and also sent a small party of soldiers to keep the Ohio clear. This party, having heard of the Eng-' lish post on the Miami River, early in 1652, assisted by the Ottawas and Chippewas, attacked it, and, after a severe battle, in which fourteen of the natives were killed and others wounded, captured . the garrison. (They were probably garrisoned in a block house). The traders were carried away to Canada, and one account says several were burned. This fort or post was called by the English Pickawillany. A memorial of the king's ministers refers to it as " Pickawillanes, in the center of the terri- tory between the Ohio and the Wabash. The name is probably some variation of Pickaway or Picqua in 1773, written by Rev. David Jones Pickaweke." * The following Is a traaslatlon of the Inscription on the plate: "In the year 1749. reign of Louis XV., King of France, we, Celeron, commandant of a detachment by Monsieur the Marquis of Gallisonlere, com- mander-in-chief of New France, to establish tranquility in certain Indian villages of these cantons, have buried this plate at the confluence of the Toradakoin, this twenty- ninth of July, near the river Ohio, otherwise Beautiful Klver, as a monument of renewal of possession which we have taken of the said river, and all its tributaries; Inasmuch as the preceding Kings of France have enjoyed it, and maintained it by their arms and treaties; especially by those of Byswick, Utreciit, and Aix La Chapelle." 38 THE NORTHWEST TEERITOKY, This was the first blood shed between the French and English, and occurred near the present City of Piqua, Ohio, or at least at a point about forty-seven miles north of Dayton. Each nation became now iflore inter- ested in the progress of events in the Northwest. The English deter- mined to purchase from the Indians a title to the lands they wished to occupy, and Messrs. Fry (afterward Commander-in-chief over Washing- ton at the commencement of the French War of 1775-1763), Lomax and Patton were sent in the Spring of 1752 to hold a conference with the natives at Logstown to learn what they objected to in the treaty of Lan- caster already noticed, and to settle all difficulties. On the 9th of June, these Commissioners met the red men at Logstown, a little village on the north bank of the Ohio, about seventeen miles below the site of Pitts- burgh. Here had been a trading point for many years, but it was aban- doned by the Indians in 1750. At first the Indians declined to recognize the treaty of Lancaster, but, the Commissioners taking aside Montour, the interpreter, who was a son of the famous Catharine Montour, and a chief among the six nations, induced him to use his influence in their favor. This he did, and upon the 13th of June they all united in signing a deed, confirming the Lancaster treaty in its full extent, consenting to a settlement of the southeast of the Ohio, and guaranteeing that it should not be disturbed by them. These were the means used to obtain the first treaty with the Indians in the Ohio Valley. Meanwhile the powers beyond the sea were trying to out-manoeuvre each other, and were professing to be at peace. The English generally outwitted the Indians, and failed in many instances to fulfill their con- tracts. They thereby gained the ill-will of the red men, and further increased the feeling by failing to provide them with arms and ammuni- tion. Said an old chief, at Easton, in 1758 : " The Indians on the Ohio left you because of your own fault. When we heard the French were coming, we asked you for help and arms, but we did not get them. The French came, they treated us kindly, and gained our affections. The Governor of Virginia settled on our lands for his own benefit, ancj, when we wanted help, forsook us." At the beginning of 1653, the English thought they had secured by title the lands in the West, but the French had quietly gathered cannon and military stores to be in readiness for the expected blow. The Eng- lish made other attempts to ratify these existing treaties, but not until the Summer could the Indians be gathered together to discuss the plans of the French. They had sent messages to the French, warning them away ; but they replied that they intended to complete the chain of forts already begun, and would not abandon the field. Soon after this, no satisfaction being obtained from the Ohio regard- THE NORTHWEST TBKEITORY. 89 ing the positions and purposes of the French, Governor Dinwiddie of Virginia determined to send to them another messenger and learn from .them, if possible, their intentions. For this purpose he selected a young man, a surveyor, who, at the early age of nineteen, had received the rank •of major, and who was thoroughly posted regarding frontier life. This personage was no other than the illustrious George Washington, who then held considerable interest in Western lands. He was at this time just twenty-two years of age. Taking Gist as his guide, the two, accompanied by four servitors, set out on their perilous march. They left Will's Creek on the 10th of November, 1753, and on the 22d reached the Monon- gahela, about ten miles above the fork. From there they went to Logstown, where Washington had a long conference with the chiefs of the Six Nations. From them he learned the condition of the French, and also heard of their determination not to come down the river till the fol- lowing Spring. The Indians were non-committal, as they were afraid to turn either way, and, as far as they could, desired to remain neutral. Washington, finding nothing could be done with them, went on to Venango, an old Indian town at the mouth of French Greek. Here the French had a fort, called Fort Machault. Through the rum and flattery of the French, he nearly lost all his Indian followers. Finding nothing of importance here, he pursued his way amid great privations, and on the 11th of December reached the fort at the head of French Greek. Here he delivered Governor Dinwiddle's letter, received his answer, took his observations, and on the 16th set out upon his return journey with no one but Gist, his guide, and a few Indians who still remained true to him, notwithstanding the endeavors of the French to retain them. Their homeward journey was one of great peril and suffering from the cold, yet they reached home in safety on the 6th of January, 1754. From the letter of St. Pierre, commander of the French fort, sent by Washington to Governor Dinwiddie, it was learned that the French would not give up without a struggle. Active preparations were at once made in all the English colonies for the coming conflict, while the French finished the fort at Venango and strengthened their lines of fortifications, and gathered their forces to be in readiness. The Old Dominion was all alive. Virginia was the center of great activities ; volunteers were called for, and from all the neighboring colonies men rallied to the conflict, and everywhere along the Potomac men were enlisting under the Governor's proclamation— which promised two hundred thousand acres on the Ohio. Along this river they were gathering as far as Will's Creek, and far beyond this point, whither Trent had come for assistance for his little band of forty-one men, who were 40 THE NORTHWEST TEEEITOEY. working away in hunger and want, to fortify that point at the fork of the Ohio, to which both parties were looking with deep interest. " The first birds of Spring filled the air with their song ; the swift river rolled by the Allegheny hillsides, swollen by the melting snows of Spring and the April showers. The leaves were appearing ; a few Indian scouts were seen, but no enemy seemed near at hand ; and all was so quiet, that Frazier, an old Indian scout and trader, who had been left by Trent in command, ventured to his home at the mouth of Turtle Creek, ten miles up the Monongahela. But, though all was so quiet in that wilder- ness, keen eyes had seen the low intrenchment rising at the fork, and swift feet had borne the news of it up the river ; and upon the morning of the 17th of April, Ensign Ward, who then had charge of it, saw upon the Allegheny a sight that made his heart sink — sixty batteaux and three hundred canoes filled with men, and laden deep with cannon and stores. * * * That evening he supped with his captor, Contrecceur, and the next day he was bowed off by the Frenchman, and with his men and tools, marched up the Monongahela." The French and Indian war had begun. The treaty of Aix la Chapelle, in 1748, had left the boundaries between the French and English possessions unsettled, and the events already narrated show the French were determined to hold the country watered by the Mississippi and its tributaries ; while the English laid claims to the country by virtue of the discoveries of the Cabots, and claimed all the country from New- foundland to Florida, extending from the Atlantic to the Pacific. The first decisive blow had now been struck, and the first attempt of the English, through the Ohio Company, to occupy these lands, had resulted disastrously to them. The French and Indians immediately completed the fortifications begun at the Fork, which they had so easily captured, and when completed gave to the fort the name of DuQuesne. Washing- ton was at Will's Creek when the news of the capture of the fort arrived. He at once departed to recapture it. On his way he entrenched him- self at a place called the " Meadows," where he erected a fort called by him Fort Necessity. From there he surprised and captured a force of French and Indians marching against him, but was soon after attacked in his fort by a much superior force, and was obliged to yield on the morning of July 4th. He was allowed to return to Virginia'. The English Government immediately planned four campaigns ; one against Fort DuQuesne ; one against Nova Scotia ; one against Fort Niagara, and one against Crown Point. These occurred during 1755-6, and were not successful in driving the French from their possessions. The expedition against Fort DuQuesne was led by the famous General Braddock, who, refusing to listen to the advice of Washington and those THE NORTHWEST TERRITORY. 41 acquainted with Indian warfare, suffered such an inglorious defeat. This occurred on the morning of July 9th, and is generally known as the battle of Monongahela, or " Braddock's Defeat." The war continued with various vicissitudes through the years 1756-7 ; when, at the commence- ment of 1758, in accordance with the plans of William Pitt, then Secre- tary of State, afterwards Lord Chatham, active preparations were made to carry on the war. Three expeditions were planned for this year : one, under General Amherst, against Louisburg ; another, under A.bercrombie, against Fort Ticonderoga ; and a third, under General Forbes, against Fort DuQuesne. On the 26th of July, Louisburg surrendered after a desperate resistance of more than forty days, and the eastern part of the Canadian possessions fell into the hands of the British. Abercrombie captured Fort Frontenac, and when the expedition against Fort DuQuesne, of which Washington had the active command, arrived there, it was found in flames and deserted. The English at once took possession, rebuilt the fort, and in honor of their illustrious statesman, changed the name to Fort Pitt. The great object of the campaign of 1759, was the reduction of Canada. General Wolfe was to lay siege to Quebec ; Amherst was to reduce Ticonderoga and Crown Point, and General Prideaux was to capture Niagara. This latter place was taken in July, but the gallant Prideaux lost his life in the attempt. Amherst captured Ticonderoga and Crown Point without a blow ; and Wolfe, after making the memor- able ' ascent to the Plains of Abraham, on September 13th, defeated Montcalm, and on the 18th, the city capitulated. In this engagement Montcolm afid Wolfe both lost their lives. De Levi, Montcalm's successor, marched to Sillery, three miles above the city, with the purpose of defeating the English, and there, on the 28th of the following April, was fought one of the bloodiest battles of the French and Indian War. It resulted in the defeat of the French, and the fall of the City of Montreal. The Governor signed a capitulation by which the whole of Canada was surrendered to the English. This practically concluded the war, but it was not until 1763 that the treaties of peace between France and England were signed. This was done on the 10th of February of that year, and under its provisions all the country east of the Mississippi and north of the IbervUle River, in Louisiana, were ceded to England. At the same time Spain ceded Florida to Great Britain. On the 13th of September, 1760, Major Robert Rogers was sent from Montreal to take charge of Detroit, the only remaining French post in the territory. He arrived there on the 19th of November, and sum- moned the place to surrender. At first the commander of the post, Beletre- refused, but on the 29th, hearing of the continued defeat of the 42 THE NORTHWEST TEEBITOEY. French arms, surrendered. Rogers remained there until December 23d under the personal protection of the celebrated chief, Pontiac, to whom, no doubt, he owed his safety. Pontiac had come here to inquire the purposes of the English in taking possession of the country. He was assured that they came simply to trade with the natives, and did not desire their country. This answer conciliated the savages, and did much to insure the safety of Rogers and his party during their stay, and while on their journey home. Rogers set out for Fort Pitt on December 23, and was just one month on the way. His route was from Detroit to Maumee, thence across the present State of Ohio directly to the fort. This was the com- mon trail of the Indians in their journeys from Sandusky to the fork of the Ohio. It went from Fort Sandusky, where Sandusky City now is, crossed the Huron river, then called Bald Eagle Creek, to " Mohickon John's Town" on Mohickon Creek, the northern branch of White Woman's River, and thence crossed to Beaver's Town, a Delaware town on what is now Sandy Creek. At Beaver's Town were probably one hundred and fifty warriors, and not less than three thousand acres of cleared land. From there the track went up Sandy Creek to and across Big Beaver, and up the Ohio to Logstown, thence on to the fork. The Northwest Territory was now entirely under the English rule. New settlements began to be rapidly made, and the promise of a large trade was speedily manifested. Had the British carried out their promises with the natives none of those savage butcheries would have been perpe- trated, and the country would have been spared their recital. The renowned chief, Pontiac, was one of the leading spirits in these atrocities. We will now pause in our narrative, and notice the leading events in his life. The earliest authentic information regarding this noted Indian chief is learned from an account of an Indian trader named Alexander Henry, who, in the Spring of 1761, penetrated his domains as far as Missillimacnac. Pontiac was then a great friend of the French, but a bitter foe of the English, whom he considered as encroaching on his hunting grounds. Henry was obliged to disguise himself as a. Canadian to insure safety, but was discovered by Pontiac, who bitterly reproached him and the English for their attempted subjugation of the West. He declared that no treaty had been made with them ; no presents sent them, and that he would resent any possession of the West by that nation. He was at the time about fifty years of age, tall and dignified, and was civil and military ruler of the Ottawas, Ojibwas and Pottawatamies. The Indians, from Lake Michigan to the borders of North Carolina, were united in this feeling, and at the time of the treaty of Paris, ratified February 10, 1763, a general conspiracy was formed to fall suddenly THE NORTHWEST TEEEITOEI. 43 PONTIAC, THE OTTAWA CHIEFTAIN. 44 THE NORTHWEST TERKITOEY. upon the frontier British posts, and with one blow strike every man dead. Pontiac was the marked leader in all this, and was the commander of the Chippewas, Ottawas, Wyandots, Miamis, Shawanese, Delawares and Mingoes, who had, for the time, laid aside their local quarrels to unite in this enterprise. The blow came, as near as can now be ascertained, on May 7, 1768. Nine British posts fell, and the Indians drank, " scooped up in the hollow of joined hands," the blood of many a Briton. Pontiac's immediate field of action was the garrison at Detroit. Here, however, the plans were frustrated by an Indian woman disclosing the plot the evening previous to his arrival. Everything was carried out, however, according to Pontiac's plans until the moment of action, when Major Gladwyn, the commander of the post, stepping to one of the Indian chiefs, suddenly drew aside his blanket and disclosed the concealed musket. Pontiac, though a brave man, turned pale and trembled. He saw his plan was known, and that the garrison were prepared. He endeavored to exculpate himself from any such intentions ; but the guilt was evident, and he and his followers were dismissed with a severe reprimand, and warned never to again enter the walls of the post. Pontiac at once laid siege to the fort, and until the treaty of peace between the British and the Western Indians, concluded in August, 1764, continued to harass and besiege the fortress. He organized a regular commissariat department, issued bills of credit written out on bark, which, to his credit, it may be stated, were punctually redeemed. At the conclusion of the treaty, in which it seems he took 'no part, he went further south, living many years among the Illinois. He had given up all hope of saving his country and race. After a time he endeavored to unite the Illinois tribe and those about St. Louis in a war with the whites. His efforts were fruitless, and only ended in a quarrel between himself and some Kaskaskia Indians, one of whom soon afterwards killed him. His death was, however, avenged by the northern Indians, who nearly exterminated the Illinois in the wars which followed. Had it not been for the treachery of a few of his followers, his plan for the extermination of the whites, a masterly one, would undoubtedly have been carried out. It was in the Spring of the year following Rogers' visit that Alex- ander Henry went to Missillimacnac, and everywhere found the strongest feelings against the English, who had not carried out their promises, and were doing nothing to conciliate the natives. Here he met the chief, Pontiac, who, after conveying to him in a speech the idea that their French father would awake soon and utterly destroy his enemies, said : " Englishman, although you have conquered the French, you have not THE NORTHWEST TEREITOEY. 45 yet conquered us ! We are not your slaves ! These lakes, these woods, these mountains, were left us by our ancestors. They are our inheritance, and we will part with them to none. Your nation supposes that we, like the white people, can not live without bread and pork and beef. But you ought to know that He, the Great Spirit and Master of Life, has provided food for us upon these broad lakes and in these mountains." He then spoke of the fact that no treaty had been made with them, no presents sent them, and that he and his people were yet for war. Such were the feelings of the Northwestern Indians immediately after the English took possession of their country. These feelings were no doubt encouraged by the Canadians and French, who hoped that yet the French arms might prevail. The treaty of Paris, however, gave to the English the right to this vast domain, and active preparations were going on to occupy it and enjoy its trade and emoluments. In 1762, France, by a secret treaty, ceded Louisiana to Spain, to pre- vent it falling into the hands of the EngUsh, who were becoming masters of the entire West. The next year the treaty of Paris, signed at Fon- tainbleau, gave to the English the domain of the country in question. Twenty years after, by the treaty of peace between the United States and England, that part of Canada lying south and west of the Great Lakes, comprehending a large territory which is the subject of these sketches, was acknowledged to be a portion of the United States ; and twenty years still later, in 1803, Louisiana was ceded by Spain back to France, and by France sold to the United States. In the half century, from the building of the Fort of Crevecoeur by LaSalle, in 1680, up to the erection of Fort Chartres, many French set- tlements had been made in that quarter. These have already been noticed, being those at St. Vincent (Vincennes), Kohokia or Cahokia, Kaskaskia and Prairie du Rocher, on the American Bottom, a large tract of rich alluvial soil in Illinois, on the Mississippi, opposite the site of St. Louis. . . . , J. By the treaty of Paris, the regions east of the Mississippi, including all these and other towns of the Northwest, were given over to England; but they do not appear to have been taken possession of until 1765, when Captain Stirling, in the name of the Majesty of England, established him- self at Fort Chartres bearing with him the proclamation of General Gage, dated December 30, 1764, which promised religious freedom to all Cath- olics who worshiped here, and a right to leave the country with their effects if they wished, or to remain with the privileges of Englishmen. It was shortly after the occupancy of the West by the British that the war with Pontiac opened. It is already noticed in the sketch of that chieftain. By it many a Briton lost his life, and many a frontier settle- 46 THE KOETHWEST TERRITORY. ment in its infancy ceased to exist. This was not ended until the year 1764, when, failing to capture Detroit, Niagara and Fort Pitt, his confed- eracy became disheartened, and, receiving no aid from the French, Pon- tiac abandoned the enterprise and departed to the Illinois, among whom he afterward lost his life. As soon as these difficulties were definitely settled, settlers began rapidly to survey the country and prepare for occupation. During the year 1770, a number of persons from Virginia and other British provinces explored and marked out nearly all the valuable lands on the Mononga- hela and along the banks of the Ohio as far as the Little Kanawha. This was followed by another exploring expedition, in which George Washing- ton was a party. The latter, accompanied by Dr. Craik, Capt. Crawford and others, on the 20th of October, 1770, descended the Ohio from Pitts- burgh to the mouth of the Kanawha ; ascended that stream about fourteen miles, marked out several large tracts of land, shot several buffalo, which were then abundant in the Ohio Valley, and returned to the fort. Pittsburgh was at this time a trading post, about which was clus- tered a village of some twenty houses, inhabited by Indian traders. This same year, Capt. Pittman visited Kaskaskia and its neighboring villages. He found there about sixty-five resident families, and at Cahokia only forty-five dwellings. At Fort Chartres was another small settlement, and at Detroit the garrison were quite prosperous and strong. For a year or two settlers continued to locate near some of these posts, generally Fort Pitt or Detroit, owing to the fears of the Indians, who still main- tained some feelings of hatred to the English. The trade from the posts was quite good, and from those in Illinois large quantities of pork and flour found their way to the New Orleans market. At this time the policy of the British Government was strbngly opposed to the extension of the colonies west. In 1763, the King of England forbade, by royal proclamation, his colonial subjects from making a settlement beyond the sources of the rivers which fall into the Atlantic Ocean. At the instance of the Board of Trade, measures were taken to prevent the settlement without the limits prescribed, and to retain the commerce within easy reach of Great Britain. The commander-in-chief of the king's forces wrote in 1769 : " In the course of a few years necessity will compel the colonists, should they extend their settlements west, to provide maniffactures of some kind for themselves, and when all connection upheld by commerce with the mother country ceases, an inde-pendenoy in their government will soon follow." In accordance with this policy. Gov. Gage issued a proclamation in 1772, commanding the inhabitants of Vincennes to abandon their set- tlements and join some of the Eastern English colonies. To this they THE NORTHWEST TERRITORY. 47 Strenuously objected, giving good reasons therefor, and were allowed to remain. The strong opposition to this policy of Great Britain led to its change, and to such a course as to gain the attachment of the French population. In December, 1773, influential citizens of Quebec petitioned the king for an extension of the boundary lines of that province, which was granted, and Parliament passed an act on June 2, 1774, extend- ing the boundary so as to include the territory lying within the present States of Ohio, Indiana, Illinois and Michigan. In consequence of the liberal policy pursued by the British Govern- ment toward the French settlers in the West, they were disposed to favor that nation in the war which soon followed with the colonies ; but the early alliance between France and America soon brought them to the side of the war for independence. In ,1774, Gov. Dunmore, of Virginia, began to encourage emigration to the Western lands. He appointed magistrates at Fort Pitt under the pretense that the fort was under the government of that commonwealth. One of these justices, John Connelly, who possessed a tract of land in the Ohio Valley, gathered a force of men and garrisoned the fort, calling it Fort Dunmore. This and other parties were formed to select sites for settlements, and often came in conflict with the Indians, who yet claimed portions of the valley, and several battles followed. These ended in the famous battle of Kanawha in July, where the Indians were defeated and driven across the Ohio. During the years 1775 and 1776, by the operations of land companies and the perseveranceof individuals, several settlements were firmly estab- lished between the AUeghanies and the Ohio River, and western land speculators were busy in Illinois and on the Wabash. At a council held in Kaskaskia on July 5, 1773, an association of EngUsh traders, calling themselves the "Illinois Land Company," obtained from ten chiefs of the Kaskaskia, Cahokia and Peoria tribes two large tracts of land lying on the east side of the Mississippi River south of the Illinois. In 1775, a mer- chant from the Illinois Country, named Viviat, came to Post Vincennes as the agent of the association called the " Wabash Land Company." On the 8th of October he obtained from eleven Piankeshaw chiefs, a deed for 37,497,600 acres of land. This deed was signed by the grantors, attested by a number of the inhabitants of Vincennes, and afterward recorded in the office of 'a notary public at Kaskaskia. This and other land com- panies had extensive schemes for the colonization of the West ; but all were frustrated by the breaking out of the Revolution. On the 20th of April, 1780, the two companies named consolidated under the name of the " United Illinois and Wabash Land Company," They afterward made 48 THE NORTHWEST TERRITORY. strenuous efforts to have these grants sanctioned by Congress, but all signally failed. When the War of the Revolution commenced, Kentucky was an unor- ganized country, though there were several settlements within her borders. In Hutchins' Topography of Virginia, it is stated that at that time " Kaskaskia contained 80 houses, and nearly 1,000 white and black in- habitants — the whites being a little the more numerous. Cahokia con- tains 50 houses and 300 white inhabitants, and 80 negroes. There were east of the Mississippi River, about the year 1771 " — when these observa- tions were made — " 300 white men capable of bearing arms, and 230 negroes." From 1775 until the expedition of Clark, nothing is recorded and nothing known of these settlements, save what is contained in a report made by a committee to Congress in June, 1778. From it the following extract is made : "Near the mouth of the River Kaskaskia, there is a village which appears to have contained nearly eighty families from the beginning of the late revolution. There are twelve families in a small village at ]% Prairie du Rochers, and near fifty families at the Kahokia Village. There are also four or five families at Fort Chartres and St. Philips, which is five miles further up the river." St. Loiiis had been settled in February, 1764, and at this time con- tained, including its neighboring towns, over six hundred whites and one hundred and fifty negroes. It must be remembered that all the country west of the Mississippi was now under French rule, and remained so until ceded again to Spain, its original owner, who afterwards sold it and the country including New Orleans to the United States. At Detroit there were, according to Capt. Carver, who was in the Northwest from 1766 to 1768, more than one hundred houses, and the river was settled for more than twenty miles, although poorly cultivated — the people being engaged in the Indian trade. This old town has a history, which we will here relate. It is the oldest town in the Northwest, having been founded by Antoine de Lamotte Cadillac, in 1701. It was laid out in the form of an oblong square, of two acres in length, and an acre and a half in width. As described by A. D. Frazer, who first visited it and became a permanent resident of the place, in 1778, it comprised within its limits that space between Mr. Palmer's store (Conant Block) and Capt. Perkins' house (near the Arsenal building), and extended back as far as the public barn, and was bordered in front by the Detroit River. It was surrounded by oak and cedar pickets, about fifteen feet long, set in the ground, and had four gates — east, west, north and south. Over the first three of these THE NOKTHWEST TBERITOBY. 49 gates were block houses provided with four guns apiece, each a six- pounder. Two six-gun batteries were planted fronting the river and in a parallel direction with the block houses. There were four streets running east and west, the main street being twenty feet wide and the rest fifteen feet, while the four streets crossing these at right angles were from ten to fifteen feet in width. At the date spoken of by Mr. Frazer, there was no fort within the -enclosure, but a citadel on the ground corresponding to the present northwest corner of Jefferson Avenue and Wayne Street. The citadel was inclosed by pickets, and within it were erected barracks of wood, two stories high, suflacient to contain ten officers, and also barracks sufficient to contain four hundred men, and a provision store built of brick. The citadel also contained a hospital and guard-house. The old town of Detroit, in 1778, contained about sixty houses, most of them one story, with a few a story and a half in height. They were all of logs, some hewn and some round. There was one building of splendid appearance, called the " King's Palace," two stories high, which stood near the east gate. It was built for Governor Hamilton, the first governor commissioned by the British. There were two guard-houses, one near the west gate and the other near the Government House. Each of the guards consisted of twenty-four men and a subaltern, who mounted regularly every morning between nine and ten o'clock. Each furnished four sentinels, who were relieved every two hours. There was also an officer of the day, who per- formed strict duty. Each of the gates was shut regularly at sunset ; even wicket gates were shut at nine o'clock, and all the keys were delivered into the hands of the commanding officer. They were opened in the morning at sunrise. No Indian or squaw was permitted to enter town with any weapon, such as a tomahawk or a knife. It was a stand- ing order that the Indians should deliver their arms and instruments of every kind before they were permitted to pass the sentinel, and they were restored to them on their return. No more than twenty-five Indians were allowed to enter the town at any one time, and they were admitted only at the east and west gates. At sundown the drums beat, and all the Indians were required to leave town instantly. There was a council hou^e near the water side for the purpose of holding council with the Indians. The population of the town was about sixty families, in all about two hundred males and one hundred females. This town was destroyed by fire, all except one dwelling, in 1805. After which the present " new " town was laid out. On the breaking out of the Revolution, the British held every post of importance in the West. Kentucky was formed as a component part of Virginia, and the sturdy pioneers of the West, alive to their interests, 60 THE NORTHWEST TEKEITORY. and recognizing the great benefits of obtaining the control of the trade ia this part of the New World, held steadily to their purposes, and those within the commonwealth of Kentucky proceeded to exercise their civil privileges, by electing John Todd and Richard Gallaway, burgesses to represent them in the Assembly of the parent state. Early in September of that year (1777) the first court was held in Harrodsburg, and Col. Bowman, afterwards major, who had arrived in August, was made the commander of a militia organization which had been commenced the March previous. Thus the tree of loyalty was growing. The chief spirit in this far-out colony, who had represented her the year previous east of the mountains, was now meditating a move unequaled in its boldness. He had been watching the movements of the British throughout the Northwest, and understood their whole plan. Ht. saw it was through their possession of the posts at Detroit, Vincennes, Kaskaskia, and other places, which would give them constant and easy access to the various Indian tribes in the Northwest, that the British intended to penetrate the country from the north and south, and annihi- late the frontier fortresses. This moving, energetic man was Colonel, afterwards General, George Rogers Clark. He knew the Indians were not unanimously in accord with the English, and he was convinced that, could the British be defeated and expelled from the Northwest, the natives might be easily awed into neutrality ; and by spies sent for the purpose, he satisfied himself that the enterprise against the Illinois settlements might easily succeed. Having convinced himself of the certainty of the project, he repaired to the Capital of Virginia, which place he reached on November 6th. While he was on his way, fortunately, on October 17th, Burgoyne had been defeated, and the spirits of the colonists greatly encouraged thereby. Patrick Henry was Governor of Virginia, and at once entered heartily into Clark's plans. The same plan had before been agitated in the Colonial Assemblies, but there was no one until Clark came who was sufficiently acquainted with the condition of affairs at the scene of action to be able to guide them. Clark, having satisfied the Virginia leaders of the feasibility of his plan, received, on the 2d of January, two sets of instructions — one secret, the other open — the latter authorized him to proceed to enlist seven companies to go to Kentucky, subject to his orders, and to serve three months from their arrival in the West. The secret order authorized him to arm these troops, to procure his powder and lead of General Hand at Pittsburgh, and to proceed at once to subjugate the country. With these instructions Clark repaired to Pittsburgh, choosing rather to raise his men west of the mountains, as he well knew all were needed in the colonies in the conflict there. He sent Col. W. B. Smith to Hoi- THE NORTHWEST TBBEITOKY. 51 ston for the same purpose, but neither succeeded in raising the required number of menJ The settlers in these parts were afraid to leave their own firesides exposed to a vigilant foe, and but few could be induced to jom the proposed expedition. With three companies and several private volunteers, Clark at length commenced his descent of the Ohio, which he navigated as far as the Falls, where he took possession of and fortified Corn Island, a small island between the present Cities of Louisville, Kentucky, and New Albany, Indiana. Remains of this fortification may yet be found. At this place he appointed Col. Bowman to meet him with such recruits as had reached Kentucky by the southern route, and as many as could be spared from the station. Here he announced to the men their real destination, tflaving completed his arrangements, and chosen his party, he left a small garrison upon the island, and on the 24th of June, during a total eclipse of the sun, which to them augured no good, and which fixes beyond dispute the date of starting, he with his chosen band, fell down the river. His plan was to go by water as far as Fort Massac or Massacre, and thence march direct to Kaskaskia. Here he intended to surprise the garrison, and after its capture go to Cahokia, then to Vincennes, and lastly to Detroit. Should he fail, he intended to march directly to the Mississippi River and cross it into the ' Spanish country. Before his start he received two good items of infor- mation : one that the alliance had been formed between France and the United States ; and the other that the Indians throughout the Illinois country and the inhabitants, at the various frontier posts, had been led to believe by the British that the " Long Knives " or Virginians, were the most fierce, bloodthirsty and cruel savages that ever scalped a foe. With this impression on their minds, Clark saw that proper management would cause them to submit at once from fear, if surprised, and then from grati- tude would become friendly if treated with unexpected leniency. The march to Kaskaskia was accomplished through a hot July sun, and the town reached on the evening of July 4. He captured the fort near the village, and soon after the village itself by surprise, and without the loss of a single man or by killing any of the enemy. After sufficiently working upon the fears of the natives, Clark told them they were at per- fect liberty to worship as they pleased, and to take whichever side of the great conflict they would, also he would protect them from any barbarity from British or Indian foe. This had the desired effect, and the inhab- itants, so unexpectedly and so gratefully surprised by the unlocked for turn of affairs, at once swore allegiance to the American arms, and when Clark desired to go to Cahokia on the 6th of July, they accom- panied him, and through their influence the inhabitants of the place surrendered, and gladly placed themselves under his protection. Thus 52 THE NOKTHWEST TEBEITOKY. the two important posts in Illinois passed from the hands of the English into the possession of Virginia. In the person of the priest at Kaskaskia, M. Gibault, Clark found a powerful ally and generous friend. Clark saw that, to retain possession of the Northwest and treat successfully with the Indians within its boun- daries, he must establish a government for the colonies he had taken. St. Vincent, the next important post to Detroit, remained yet to be taken before the Mississippi Valley was conquered. M. Gibault told him that he would alone, by persuasion, lead Vincennes to throw off its connection with England. Clark gladly accepted his offer, and on the 14th of July, in company with a fellow-townsman, M. Gibault started on his mission of peace, and on the 1st of August returned with the cheerful intelligence that the post on the " Oubache " had taken the oath of allegiance to the Old Dominion. During this interval, Clark established his courts, placed garrisons at Kaskaskia and Cahokia, successfully re-enlisted his men, sent word to have a fort, which proved the germ of Louisville, erected at the Falls of the Ohio, and dispatched Mr. Rocheblave, who had been commander at Kaskaskia, as a prisoner of war to Richmond, In October the County of Illinois was established by the Legislature of Virginia, John Todd appointed Lieutenant Colonel and Civil Governor, and in November General Clark and his men received the thanks of the Old Dominion through their Legislature. In a speech a few days afterward, Clark made known fully to the natives his plans, and at its close all came forward and swore alle- giance to the Long Knives. While he was doing this Governor Hamilton, having made his various arrangements, had left Detroit and moved down the Wabash to Vincennes intending to operate from that point in reducing the Illinois posts, and then proceed on down to Kentucky and drive the rebels from the West. Gen. Clark had, on the return of M. Gibault, dispatched Captain Helm, of Fauquier County, Virginia, with an attend- ant named Henry, across the Illinois prairies to command the fort. Hamilton knew nothing of the capitulation of the post, and was greatly surprised on his arrival to be confronted by Capt. Helm, who, standing at the entrance of the fort by a loaded cannon ready to fire upon his assail- ants, demanded upon what terms Hamilton demanded possession of the fort. Being granted the rights of a prisoner of war, he surrendered to the British General, who could scarcely believe his eyes when he saw the force in the garrison. Hamilton, not realizing the character of the men with whom he was contending, gave up his intended campaign for the Winter, sent his four hundred Indian warriors to prevent troops from coming down the Ohio, THE NORTHWEST TEEKITOBY. 53 and to annoy the Americans in all ways, and sat quietly down to pass the Winter. Information of all these proceedings having reached Clark, he saw that immediate and decisive action was necessary, and that unless he captured Hamilton, Hamilton would capture him. Clark received the news on the 29th of January, 1779, and on February 4th, having suffi- ciently garrisoned Kaskaskia and Cahokia, he sent down the Mississippi a " battoe," as Major Bowman writes it, in order to ascend the Ohio and Wabash, and operate with the land forces gathering for the fray. On the next day, Clark, with his little force of one hundred and twenty men, set out for the post, and after incredible hard marching through much mud, the ground being thawed by the incessant spring rains, on the 22d reached the fort, and being joined by his " battoe," at once commenced the attack on the post. The aim of the American back- woodsman was unerring, and on the 24th the garrison surrendered to the intrepid boldness of Clark. The French were treated with great kind- ness, and gladly renewed their allegiance to Virginia. Hamilton was sent as a prisoner to Virginia, where he was kept in close confinement. During his command of the British frontier posts, he had offered prizes to the Indians for all the scalps of Americans they would bring to him, and had earned in consequence thereof the title " Hair-buyer General," by which he was ever afterward known. Detroit was now without doubt within easy reach of the enterprising Virginian, could he but raise the necessary force. Governor Henry being apprised of this, promised him the needed reinforcement, and Clark con- cluded to wait until he could capture and sufficiently garrison the posts. Had Clark failed in this bold undertaking, and Hamilton succeeded in uniting the western Indians for the next Spring's campaign, the West would indeed have been swept fi'om the Mississippi to the Allegheny Mountains, and the great blow struck, which had been contemplated from the commencement, by the British. " But for this small army of dripping, but fearless Virginians, the union of all the tribes from Georgia to Maine against the colonies might have been effected, and the whole current of our history changed," At this time some fears were entertained by the Colonial Govern- ments that the Indians in the North and Northwest were inclining to the British, and under the instructions of Washington, now Commander-in- Chief of the Colonial army, and so bravely fighting for American inde- pendence, armed forces were sent against the Six Nations, and upon the Ohio frontier. Col. Bowman, acting under the same general's orders, marched against Indians within the present limits of that State. These expeditions were in the main successful, and the Indians were compelled to sue for peace. 54 THE NORTHWEST TBBEITORY. During this same year (1779) the famous " Land Laws " of Virginia were passed. The passage of these laws was of more consequence to the pioneers of Kentucky and the Northwest than the gaining of a few Indian conflicts. These laws confirmed in main all grants made, and guaranteed to all actual settlers their rights and privileges. After providing for the settlers, the laws provided for selling the balance of the public lands at forty cents per acre. To carry the Land Laws into effect, the Legislature sent four Virginians westward to attend to the various claims, over many of which great confusion prevailed concerning their validity. These gentlemen opened their court on October 13, 1779, at St. Asaphs, and continued until April 26, 1780, when they adjourned, having decided three thousand claims. They were succeeded by the surveyor, who came in the person of Mr. George May, and assumed his duties on the 10th day of the month whose name he bore. With the opening of the next year (1780) the troubles concerning the navigation of the Missis- sippi commenced. The Spanish Government exacted such measures in relation to its trade as to cause the overtures made to the United States to be rejected. The American Government considered they had a right to navigate its channel. To enforce their claims, a fort was erected below the month of the Ohio on the Kentucky side of the river. The settle- ments in Kentucky were being rapidly filled by emigrants. It was dur- ing this year that the first seminary of learning was established in the West in this young and enterprising Commonwealth. The settlers here did not look upon the building of this fort in a friendly manner, as it aroused the hostility of the Indians. Spain had been friendly to the Colonies during their struggle for independence, and though for a while this friendship appeared in danger from the refusal of the free navigation of the river, yet it was finally settled to the satisfaction of both nations. The Winter of 1779-80 was one of the most unusually severe ones ever experienced in the West. The Indians always referred to it as the "Great Cold." Numbers of wild animals perished, and not a few pioneers lost their lives. The following Summer a party of Canadians and Indians attacked St. Louis, and attempted to take possession of it in consequence of the friendly disposition of Spain to the revolting colonies. They met with such a determined resistance on the part of the inhabitants, even the women taking part in the battle, that they were compelled to abandon the contest. They also made an attack on the settlements in Kentucky, but, becoming alarmed in some unaccountable manner, they fled the country in great haste. About this time arose the question in the Colonial Congress con- cerning the western lands claimed by Virginia, New York, Massachusetts THE NORTHWEST TBREITOET. 55 and Connecticut. The agitation concerning this subject finally led New York, on the 19th of February, 1780, to pass a law giving to the dele- gates of that State in Congress the power to cede her western lands for the benefit of the United States. This law was laid before Congress during the next month, but no steps were taken concerning it until Sep- tember 6th, when a resolution passed that body calling upon the States claiming western lands to release their claims in favor of the whole body. This basis formed the union, and was the first after all of those legislative measures which resulted in the' creation of the States of Ohio, Indiana, Illinois, Michigan, Wisconsin and Minnesota. In December of the same year, the plan of conquering Detroit again arose. The conquest might have easily been effected by Clark had the necessary aid been furnished him. Nothing decisive was done, yet the heads of the Government knew that the safety of the Northwest from British invasion lay in the capture and retention of that important post, the only unconquered one in the territory. Before the close of the year, Kentucky was divided into the Coun- ties of Lincoln, Fayette and Jefferson, and the act establishing the Town of Louisville was passed. This same year is also noted in the annals of American history as the year in which occurred Arnold's treason to the United States. Virginia, in accordance with the resolution of Congress, on the 2d day of January, 1781, agreed to yield her western lands to the United States upon certain conditions, which Congress would not accede to, and the Act of Cession, on the part of the Old Dominion, failed, nor was anything farther done until 1783. During all that time the Colonies were busily engaged in the struggle with the mother country, and in consequence thereof but little heed was given to the western settlements. Upon the 16th of April, 1781, the first birth north of the Ohio River of American parentage occurred, being that of Mary Heckewelder, daughter of the widely known Moravian missionary, whose band of Christian Indians suffered in after years a horrible massacre by the hands of the frontier settlers, who had been exasperated by the murder of several of their neighbors, and in their rage committed, without regard to humanity, a deed which forever afterwards cast a shade of shame upon their lives. For this and kindred outrages on the part of the whites, the Indians committed many deeds of cruelty which darken the years of 1771 and 1772 in the history of the Northwest. During the year 1782 a number of battles among the Indians and frontiersmen occurred, and between the Moravian Indians and the Wyan- dots. In these, horrible acts of cruelty were practised on the captives, manv of such dark deeds transpiring under the leaderships of the notorious 56 THE NOETHWBST TERRITORY. frontier outlaw, Simon Glrty, whose name, as well as those of his brothers, was a terror to women and children. These occurred chiefl3'in the Ohio valleys. Cotemporary with them were several engagements in Kentucky, in which the famous Daniel Boone engaged, and who, often by his skill and knowledge of Indian warfare, saved the outposts from cruel destruc- INDIA2SrS ATTACKING FEONTIEESMEN. tion. By the close of the year victory had parched upon the American banner, and on the 30th of November, provisional articles of peace had been arranged between the Commissioners of England and her uncon- querable colonies. Cornwallis had been defeated on the 19th of October preceding, and the liberty of America was assured. On the 19th of April following, the anniversary of the battle of Lexington, peace was THE NORTHWEST TERKITOEY. 57 proclaimed to the army of the United States, and on the Sd of the next September, the definite treaty which ended our revolutionary struggle was concluded. By the terms of that treaty, the boundaries of the West were as follows : On the north the line was to extend along the center of the Great Lakes ; from the western point of Lake Superior to Long Lake ; thence to the Lake of the Woods ; thence to the head of the Mississippi River ; down its center to the 31st parallel of latitude, then on that line east to the head of the Appalachicola River ; down its center to its junc- tion with the Flint ; thence straight to the head of St. Mary's River, and thence down along its center to the Atlantic Ocean. Following the cessation of hostilities with England, several posts were still occupied by the British in the North and West. Among these was Detroit, still in the hands of the enemy. Numerous engagements with the Indians throughout Ohio and Indiana occurred, upon whose lands adventurous whites would settle ere the title had been acquired by the proper treaty. To remedy this latter evil. Congress appointed commissioners to treat with the natives and purchase their lands, and prohibited the set- tlement of the territory until this could be done. Before the close of the year another attempt was made to capture Detroit, which was, however, not pushed, and Virginia, no longer feeling the interest in the Northwest she had formerly done, withdrew her troops, having on the 20th of December preceding authorized the whole of her possessions to be deeded to the United States. This was done on the 1st of March following, and the Northwest Territory passed from the control of the Old Dominion. To Gen. Clark and his soldiers, however, she gave a tract of one hundred and fifty thousand acres of land, to be situated any where north of the Ohio wherever they chose to locate them. They selected the region opposite the falls of the Ohio, where is now the dilapidated village of Clarksville, about midway between the Cities of New Albany and Jeffer- sonville, Indiana. While the frontier remained thus, and Gen. Haldimand at Detroit refused to evacuate alleging that he had no orders from his King to do so, settlers were rapidly gathering about the inland forts. In the Spring of 1784, Pittsburgh was regularly laid out, and from the journal of Arthur Lee, who passed through the town soon after on his way to the Indian council at Fort Mcintosh, we suppose it was not very prepossessing in appearance. He says : " Pittsburgh is inhabited almost entirely by Scots and Irish, who live in paltry log houses, and are as dirty as if in the north of Ireland or even Scotland. There is a great deal of trade carried on, the goods being bouo-ht at the vast expense of forty-five shillings per pound from Phila- 58 THE NORTHWEST TEKRITORY. I delphia and Baltimore. They take in the shops flour, wheat, skins and money. There are in the town four attorneys, two doctors, and not a priest of any persuasion, nor church nor chapel." Kentucky at this time contained thirty thousand inhabitants, and was beginning to discuss measures for a separation from Virginia. A land office was opened at Louisville, ''and measures were adopted to take defensive precaution against the Indians who were yet, in some instances, incited to deeds of violence by the British. Before the close of this year, 1784, the military claimants of land began to occupy them, although no entries were recorded until 1787. The Indian title to the Northwest was not yet extinguished. They held large tracts of lands, and in order to prevent bloodshed Congress adopted means for treaties with the original owners and provided for the surveys of the lands gained thereby, as well as for those north of the . Ohio, now in its possession. On January 31, 1786, a treaty was made with the Wabash Indians. The treaty of Fort Stanwix had been made in 1784. That at Fort Mcintosh in 1785, and through these much land was gained. The Wabash Indians, however, afterward refused to comply with the provisions of the treaty made with them, and in order to compel their adherence to its provisions, force was used. During the year 1786, the free navigation of the Mississippi came up in Congress, and caused various discussions, which resulted in no definite action, only serving to excite speculation in regard to the western lands. Congress had promised bounties of land to the soldiers of the Revolution, but owing to the unsettled condition of affairs along the Mississippi respecting its naviga- tion, and the trade of the Northwest, that body had, in 1783, declared its inability to fulfill these promises until a treaty could be concluded between the two Governments. Before the close of the year 1786, how- ever, it was able, through the treaties with the Indians, to allow some grants and the settlement thereon, and on the 14th of September Con- necticut ceded to the General Government the tract of land known as the " Connecticut Reserve," and before the close of the following year a large tract of land north of the Ohio was sold to a company, who at once took measures to settle it. By the provisions of this grant, the company were to pay the United States one dollar per acre, subject to a deduction of one-third for bad lands and other contingencies. They received 750,000 acres, bounded "on the south by the Ohio, on the east by the seventh range of townships, on the west by the sixteenth range, and, on the north by a line so drawn as to make the grant complete without the reservations. In addition to this, Congress afterward granted 100,000 acres to actual settlers, and 214,285 acres as army bounties under the resolutions of 1789 and 1790. THE NORTHWEST TEKRITOEY. 59 While Dr. Cutler, one of the agents of the company, was pressing its claims before Congress, that body -was bringing into form an ordinance for the political and social organization of this Territory. When the cession was made by Virginia, in 1784, a plan was offered, but rejected. A motion had been made to strike from the proposed plan the prohibition of slavery, which prevailed. The plan was then discussed' and altered, and finally passed unanimously, with the exception of South Carolina. By this proposition, the Territory was to have been divided into states . A PRAIEIE STOEM. by parallels and meridian lines. This, it was thought, would make ten states, which were to have been named as follows -beginning at the north;est corner and going southwardly: ^ylvania, Michigama Ch -- sonesus, Assenisipia, Metropotamia, lUenoia, Saratoga, Washington, Poly- '""'l^^^f^e serious objection to this plan than its category of names -the boundaries. The root of the difficulty was m the resolu- Ton of Congress passed in October, 1780, which fixed the boundaries ofL ceded lands to be from one hundred to one hundred and fifty miles go THE NOKTHWEST TEREITORY. square. These resolutions being presented to the Legislatures ofVir- ginia and Massachusetts, they desired a change, and in July, 1786, the subject was taken up in Congress, and changed to favor a division into not more than five states, and not less than three. This was approved by the State Legislature of Virginia. The subject of the Government was again taken up by Congress in 1786, and discussed throughout that year and until July, 1787, when the famous "Compact of 1787" was passed, and. the foundation of the government of the Northwest laid. This com- pact is fully discussed and explained in the history of Illinois in this book, and to it the reader is referred. The passage of this act and the grant to the New England Company was soon followed by an application to the Government by John Cleves Symmes, of New Jersey, for a grant of the land between the Miamis. This gentleman had visited these lands soon after the treaty of 1786, and, being greatly pleased with them, offered similar terms to those given to the New England Company. The petition was referred to the Treasury Board with power to act, and a contract was concluded the following year. During the Autumn the directors of the New England Company were preparing to occupy their grant the following Spring, and upon the 23d of November made arrangements for a party of forty-seven men, under the superintendency of Gen. Rufus Putnam, to set forward. Six boat-builders were to leave at once, and on the first of January the sur- veyors and their assistants, twenty-six in number, were to meet at Hart- ford and proceed on their journey westward ; the remaind'er to follow as soon as possible. Congress, in the meantime, upon the 8d of October, had ordered seven hundred troops for defense of the western settlers, and to prevent unauthorized intrusions ; and two days later appointed Arthur St. Clair Governor of the Territory of the Northwest. AMERICAN SETTLEMENTS. The civil organization of the Northwest Territory was now com- plete, and notwithstanding the uncertainty of Indian affairs, settlers from the East began to come into the country rapidly. The New England Company sent their men during the Winter of 1787-8 pressing on over the Alleghenies by the old Indian path which had been opened into Braddock's road, and which has since been made a national turnpike from Cumberland westward. Through the weary winter days they toiled on, and by April were all gathered on the Yohiogany, where boats had been built, and at once started for the Muskingum. Here they arrived on the 7th of that month, and unless the Moravian missionaries be regarded as the pioneers of Ohio, this little band can justly claim that honor. THE NORTHWEST TERRITORY. 61 Gen. St. Clair, the appointed Governor of the Northwest, not having yet arrived, a set of laws were passed, written out, and published by- being nailed to a tree in the embryo town, and Jonathan Meigs appointed to administer theih. Washington in writing of this, the first American settlement in the Northwest, said : " No colony in America was ever settled under such favorable auspices as that which has just commenced at Muskingum. Information, property and strength will be its characteristics. I know many of its settlers personally, and there never were meii better calcu- lated to promote the welfare of such a community." A PIONEEE DWELLING. On the 2d of July a meeting of the directors and agents was held on the banks of the Muskingum, " for the purpose of naming the new- born city and its squares." As yet the settlement was known as the "Muskingum," but that was now changed to the name Marietta, in honor of Marie Antoinette. The square upon which the block -houses stood was called ^-^ Oampus Martius r square number 19, '■'■ Qafitolium ;" square number 61, " Cecilia T and the great road through the covert way, " Sacra Via." Two days after, an oratioii was delivered by James M. Varnum, who with S. H. Parsons and John Armstrong had been appointed to the judicial bench of the territory on the 16th of October, 1787. On July 9, Gov. St. Clair arrived, and the colony began to assume form. The act of 1787 provided two district grades of government for the Northwest, 62 THE NORTHWEST TERRITORY. under the first of which the whole power was invested in the hands of a governor and three district judges. This was immediately formed upon the Governor's arrival, and the first laws of the colony passed on the 25th of July. These provided for the organization of the militia, and on the next day appeared the Governor's proclamation, erecting all that country that had been ceded by the Indians east of the Scioto Eiver into the County of Washington. From that time forward, notwithstanding the doubts yet existing as to the Indians, all Marietta prospered, and on the 2d of September the first court of the territory was held with imposing ceremonies. The emigration westward at this time was very great. The com- mander at Fort Harmer, at the mouth of the Muskingum, reported four thousand five hundred persons as having passed that post between Feb- ruary and June, 1788 — many of whom would have purchased of the "Associates," as the New England Company was called, had they been ready to receive them. On the 26th of November, 1787, Symmes issued a pamphlet stating the terms of his contract and the plan of sale he intended to adopt. In January, 1788, Matthias Denman, of New Jersey, took an active interest in Symmes' purchase, and located among other tracts the sections upon which Cincinnati has been built. Retaining one-third of this locality, he sold the other two-thirds to Robert Patterson and John Filson, and the three, about August, commenced to lay out a town on the spot, which was designated as being opposite Licking River, to the mouth of M'hich they proposed to have a road cut from Lexington. The naming of the town is thus narrated in the "Western Annals " : — " Mr. Filson, who had been a schoolmaster, was appointed to name the town, and, in respect to its situation, and as if with a prophetic perception of the mixed race that were to inhabit it in after days, he named it Losantiville, which, being interpreted, means : ville, the town ; anti, against or opposite to ; os, the mouth ; L. of Licking." Meanwhile, in July, Symmes got thirty persons and eight four-horse teams under way for the West. These reached Limestone (now Mays- ville) in September, where were several persons from Redstone. Here Mr. Symmes tried to found a settlement, but the great freshet of 1789 caused the " Point," as it was and is yet called, to be fifteen feet under water, and the settlement to be abandoned. The little band of settlers removed to the mouth of the Miami. Before^Symmes and his colony left the " Point," two settlements had been made on his purchase. The first was by Mr. Stiltes, the original projector of the whole plan, who, with a colony of Redstone people, had located at the mouth of the Miami, whither Symmes went with his Maysville colony. Here a clearing had THE NORTHWEST TERRITORY. 63 been made by the Indians owing to the great fertility of the soil. Mr. Stiltes with his colony came to this place on the 18th of November, 1788, with twenty-six persons, and, building a block-house, prepared to remain through the Winter. They named the settlement Columbia. Here they were kindly treated by the Indians, but suffered greatly from the flood of 1789. On the 4th of March, 1789, the Constitution of the United States went into operation, and on April 30, George Washington was inaug- urated President of the American people, and during the next Summer, an Indian war was commenced by the tribes north of the Ohio. The President at first used pacific means ; but these failing, he sent General Harmer against the hostile tribes. He destroyed several villages, but BEBAKING PRAIRIE. '^ij,/i;A'.' was defeated in two battles, near the present City of Port Wayne, Indiana. From this time till the close of 1795, the principal events were the wars with the various Indian tribes. In 1796, General St. Clair was appointed in command, and marched against the Indians ; but while he was encamped on a stream, the St. Mary, a branch of the Maumee, he was attacked and defeated with the loss of six hundred men. General Wayne was now sent against the savages. In August, 1794, he met them near the rapids of the Maumee, and gained a complete victory. This success, followed by vigorous measures, compelled the Indians to sue for peace, and on the 30th of July, the following year, the treaty of Greenville was signed by the principal chiefs, by which a large tract of country was ceded to the United States. Before proceeding in our narrative, we will pause to notice Fort Washington, erected in the early part of this war on the site of Cincinnati. Nearly all of the great cities of the Northwest, and indeed of the 64 y THE NORTHWEST TEKKITORY. whole country, have had their nuclei in those rude pioneer structures, known as forts or stockades/ Thus Forts Dearborn, Washington, Pon- chartrain, mark the original sites of the now proud Cities of Chicago, Cincinnati and Detroit. So of most of the flourishing cities east and west of the Mississippi. Fort Washington, erected by Doughty in 1790, was a rude but highly interesting structure. It was composed of a number of strongly-built hewed log cabins. Those designed for soldiers' barracks were a story and a half high, while those composing the officers quarters were more imposing and more conveniently arranged and furnished. The whole were so placed as to form a hollow square, enclosing about an acre of ground, with a block house at each of the four angles. The logs for the construction of this fort were cut from the ground upon which it was erected. It stood between Third and Fourth Streets of the present city (Cincinnati) extending east of Eastern Row, now Broadway, which was then a narrow alley, and the eastern boundary of of the town as it was originally laid out. On the bank of the river, immediately in front of the fort, was an appendage of the fort, called the Artificer's Yard. It contained about two acres of ground, enclosed by small contiguous buildings, occupied b}' workshops and quarters of laborers. Within this enclosure there .was a large two-story frame house, familiarly called the " Yellow House," built for the accommodation of the Quartermaster General. For many years this was the best finished and most coinmodious edifice in the Queen City. Fort Washington was for some time the headquarters of both the civil and military governments of the Northwestern Territory. Following the consummation of the treaty various gigantic land spec- ulations were entered into by different persons, who hoped to obtain from the Indians in Michigan and northern Indiana, large tracts of lands. These were generally discovered in time to prevent the outrageous schemes from being carried out, and from involving the settlers in war. On October 27, 1795, the treaty between the United States and Spain was signed, whereby the free navigation of the Mississippi was secured. No sooner had the treaty of 1795 been ratified than settlements began to pour rapidly into the West. The great event of the year 1796 was the occupation of that part of the Northwest including Michigan, which was this year, under the provisions of the treaty, evacuated by the British forces. The United States, owing to certain conditions, did not feel justified in addressing the authorities in Canada in relation to Detroit and other frontier posts. When at last the British authorities were called to give them up, they at once complied, and General Waj'ne, who had done so much to preserve the frontier settlements, and who, before the year's close, sickened and died near Erie, transferred his head- THE NORTHWEST TERRITORY. 65 quarters to the neighborhood of the lakes, where a county named after him was formed, which included the northwest of Ohio, all of Michigan, and the northeast of Indiana. During this same year settlements were formed at the present City of Chillicothe, along the Miami from Middle- town to Piqua, while in the more distant West, settlers and speculators began to appear in great numbers. In September, the City of Cleveland was laid out, and during the Summer and Autumn, Samuel Jackson and Jonathan Sharpless erected the first manufactory of paper — the " Red- stone Paper Mill"— in the West. St. Louis contained some seventy houses, and Detroit over three hundred, and along the river, contiguous to it, were more than three thousand inhabitants, mostly French Canadians, Indians and half-breeds, scarcely any Americans venturing yet into that part of the Northwest. The election of representatives for the territory had taken place, and on the 4th of February, 1799, they convened at Losantiville — now known as Cincinnati, having been named so by Gov. St. Clair, and considered the capital of the Territory — to nominate persons from whom the members of the Legislature were to be chosen in accordance with a previous ordinance. This nomination being made, the Assembly adjourned until the 16th of the following September. From those named the President selected as members of the council, Henry Vandenburg, of Vincennes, Robert Oliver, of Marietta, James Findlay and Jacob Burnett, of Cincinnati, and David Vance, of Vanceville. On the 16th of September the Territorial Legislature met, and on the 24th the two houses were duly organized, Henry Vandenburg being elected President of the Council. The message of Gov. St. Clair was addressed to the Legislature September 20th, and on October 13th that body elected as a delegate to Congress Gen. Wm. Henry Harrison, who received eleven of the votes cast, being a majority of one over his opponent, Arthur St. Clair, son of Gen. St. Clair. The whole number of acts passed at this session, and approved by the Governor, were thirty-seven — eleven others were passed, but received his veto. The most important of those passed related to the militia, to the administration, and to taxation. On the 19th of December this pro- tracted session of the first Legislature in the West was closed, and on the 30th of December the President nominated Charles Willing Bryft to the office of Secretary of the Territory vice Wm. Henry Harrison, elected to Congress. The Senate confirmed his nomination the next day. 66 THE NOKTHWBST TERRITORY. DIVISION OF THE NORTHWEST TERRITORY. The increased emigration to the Northwest, the extent of the domain, ■and the inconvenient modes of travel, made it very difficult to conduct the ordinary operations of government, and rendered the efficient action of courts almost impossible. To remedy this, it was deemed advisable to divide the territory for civil purposes. Congress, in 1800, appointed a committee to examine the question and report some means for its solution. This committee, on the 3d of March, reported that : " In the three western countries there has been but one court having cognizance of crimes, in five years, and the immunity which offenders experience attracts, as to an asylum, the most vile and abandoned crim- inals, and at the same time deters useful citizens from making settlements in such society. The extreme necessity of judiciary attention and assist- ance is experienced in civil as well as in criminal cases. * * * * -po minister a remedy to these and other evils, it occurs to this committee that it is expedient that a division of said territory into two distinct and separate governments should be made ; and that such division be made by a line beginning at the mouth of the Great Miami River, running directly north until it intersects the boundary between the United States and Canada." The report was accepted by Congress, and, in accordance with its suggestions, that body passed an Act extinguishing the Northwest Terri- tory, which Act was approved May 7. Among its provisions were these : " That from and after July 4 next, all that part of the Territory of the United States northwest of the Ohio River, which lies to the westward of a line beginning at a point on the Ohio, opposite to the mouth of the Kentucky River, and running thence to Fort Recovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate territory, and be called the Indiana Territory." After providing for the exercise of the civil and criminal powers of the territories, and other provisions, the Act further provides: " That until it shall otherwise be ordered by the Legislatures of the said Territories, respectively, Chillicothe on the Scioto River shall be the seat of .government of the Territory of the United States northwest of the Ohio River; and that St. Vincennes on the Wabash River shall be the seat of government for the Indiana Territory." Gen. Wm. Henry Harrison was appointed Governor of the Indiana Territory, and entered upon his duties about a year later. Connecticut also about this time released her claims to the reserve, and in March a law THE NORTHWEST TEREITOKY. 67 was passed accepting this cession. Settlements had been made upon thirty-five of the townships in the reserve, mills had been built, and seven hundred miles of road cut in various directions. On the 3d of November the General Assembly met at Chillicothe. Near the close of the year, the first missionary of the Connecticut Reserve came, who found no township containing more than eleven families. It was upon the first of October that the secret treaty had been made between Napoleon and the King of Spain, whereby the latter agreed to cede to Prance the province of Louisiana. In January, 1802, the Assembly of the Northwestern Territory char- tered the college at Athens. From the earliest dawn of the western colonies, education was promptly provided for, and as early as 1787, newspapers were issued from Pittsburgh and Kentucky, and largely read throughout the frontier settlements. Before the close of this year, the Congress of the United States granted to the citizens of the Northwestern territory the formation of a State government. One of the provisions of the " compact of 1787" provided that whenever the number of inhabit- ants within prescribed limits exceeded 45,000, they should be entitled to a separate government. The prescribed limits of Ohio contained, from a census taken to ascertain the legality of the act, more than that number, and on the 30th of April, 1802, Congress passed the act defining its limits, and on the 29th of November the Constitution of the new State of Ohio, so named from the beautiful river forming its southern boundary, came into existence. The exact limits of Lake Michigan were not then known, but the territory now included within the State of Michigan was wholly within the territory of Indiana. Gen. Harrison, while residing at Vincennes, made several treaties with the Indians, thereby gaining large tracts of lands. The next year is memorable in the history of the "West for the purchase of Louisiana from France by the United States for 115,000,000. Thus by a peaceful mode, the domain of the United StatdB was extended over a large tract of country west of the Mississippi, and was for a time under the jurisdiction of the Northwest government, and, as has been mentioned in the early part of this narrative, was called the "New Northwest." The limits of this history will not allow a description of its territory. The same year large grants of land were obtained from the Indians, and' the House of Representatives of the new State of Ohio signed a bill respecting the College Township in the district of Cincinnati. Before the close of the year, Gen. Harrison obtained additional grants of lands from the various Indian nations in Indiana ^nd the present limits of Illinois, and on the 18th of August, 1804, completed a treaty at St. Louis, whereby over 51,000,000 acres of lands were obtained from the 68 THE NORTHWEST TEBRITOBY. aborigines. Measures were also taken to learn the condition of affairs in and about Detroit. C. Jouett, the Indian agent in Michigan, still a part of Indiana Terri- tory, reported as follows upon the condition of matters at that post : " The Town of Detroit. — The charter, which is for fifteen miles square, was granted in the time of Louis XIV. of France, and is now, from the best information I have been able to get, at Quebec. Of those two hundred and twenty-five acres, only four are occupied by the town and Fort Lenault. The remainder is a common, except twenty-four acres, which were added twenty years ago to a farm belonging to Wm. Macomb. * * » A stockade incloses the town, fort and citadel. The pickets, as well as the public houses, are in a state of gradual decay. The streets are narrow, straight and regular, and intersect each other at right angles. The houses are, for the most part, low and inelegant." During this year, Congress granted a township of land for the sup- port of a college, and began to offer inducements for settlers in these wilds, and the country now comprising the State of Michigan began to fill rapidly with settlers along its southern borders. This same year, also, a law was passed organizing the Southwest Territory, dividing it into two portions, the Territory of New Orleans, which city was made the seat of government, and the District of Louisiana, which was annexed to the domain of Gen. Harrison. On the 11th of January, 1805, the Territory of Michigan was formed, Wm. Hull was appointed governor, with headquarters at Detroit, the change to take effect on June 30. On the 11th of that month, a fire occurred at Detroit, which destroyed almost every building in the place. When the officers of the new territory reached the post, they found it in ruins, and the inhabitants scattered throughout the country. Rebuild- ing, however, soon commenced, and ere long the town contained more houses than before the fire, and many of them much better built. While this was being done, Indiana had passed to the second grade of government, and through her General Assembly had obtained large tracts of land from the Indian tribes. To all this the celebrated Indian, Tecumthe or Tecumseh, vigorously protested, and it was the main cause of his attempts to unite the various Indian tribes in a conflict with the settlers. To obtain a full account of these attempts, the workings of the British, and the signal faUure, culminating in the death of Tecumseh at the battle of the Thames, and the close of the war of 1812 in the Northwest, we will step aside in our story, and relate the principal events of his life, and his connection with this conflict. THE NOETHWEST TERRITORY. 6jf TECUMSBH, THE SHAWANOE CHIBFTAIN. fQ THE NOKTHWEST TERRITORY. TECUMSEH, AND THE WAR OF 1812. This famous Indian chief was born about the year 1768, not far from the site of the present City of Piqua, Ohio. His father, Puckeshinwa, was a member of the KisOpok tribe of the Swanoese nation, and his mother, Methontaske, was a member of the Turtle tribe of the same people. They removed from Florida about the middle of the last century to the birthplace of Tecumseh. In 1774, his father, who had risen to be chief, was slain at the battle of Point Pleasant, and not long after Tecum- seh, by his bravery, became the leader of his tribe. In 1795 he was declared chief, and then lived at Deer Creek, near the site of the present City of Urbana. He remained here about one year, when he returned to Piqua, and in 1798, he went to White River, Indiana. In 1805, he and his brother, Laulewasikan (Open Door), who had announced himself as a prophet, went to a tract of land on the Wabash River, given them by the Pottawatomies and Kickapoos. From this date the chief comes into prominence. He was now about thirty-seven years of age, was five feet and ten inches in height, was stoutly built, and possessed of enormous powers of endurance. His countenance was naturally pleas- ing, and he' was, in general, devoid of those savage attributes possessed by most Indians. It is stated he could read and write, and had a confi- dential secretary and adviser, named Billy Caldwell, a half-breed, who afterward became chief of the Pottawatomies. He occupied the first house'' built on the site of Chicago. At this time, Tecumseh entered upon the great work of his life. He had long objected to the grants of land made by the Indians to the whites, and determined to unite all the Indian tribes into a league, in order that no treaties or grants of land could be made save by the consent of this confederation. He traveled constantly, going from north to south ; from the south to the north, everywhere urging the Indians to this step. He was a matchless orator, and his burning words had their effect. Gen. Harrison, then Governor of Indiana, by watching the move- ments of the Indians, became convinced that a grand conspiracy was forming, and made preparations to defend the settlements. Tecumseh's plan was similar to Pontiac's, elsewhere described, and to the cunning artifice of that chieftain was added his own sagacity. During the year 1809, Tecumseh and the prophet were actively pre- paring for the work. In that year, Gen. Harrison entered into a treaty with the Delawares, Kickapoos, Pottawatomies, Miamis, Eel River Indians and Weas, in which these tribes ceded to the whites certain lands upon the Wabash, to all of which Tecumseh entered a bitter protest, averring THE NORTHWEST TERRITORY. Jl as one principal reason that he did not want the Indians to give up any lands north and west of the Ohio River. Tecumseh, in August, 1810, visited the General at Vincennes and held a council relating to the grievances of the Indians. Becoming unduly angry at this conference he was dismissed from the village, and soon after departed to incite the southern Indian tribes to the conflict. Gen. Harrison determined to move upon the chief's headquarters at Tippecanoe, and for this purpose went about sixty-five miles up the Wabash, where he built Fort Harrison: From this place he went to the prophet's town, where he informed the Indians he had no hostile inten- tions, provided they were true to the existing treaties. He encamped near the village early in October, and on the morning of November 7, he was attacked by a large force of the Indians, and the famous battle of Tippecanoe occurred. The Indians were routed and their town broken up. Tecumseh returning not long after, was greatly exasperated at his brother, the prophet, even threatening to kill him for rashly precipitating the war, and foiling his (Tecumseh's) "plans. Tecumseh sent word to Gen. Harrison that he was now returned from the South, and was ready to visit the President as had at one time previously been proposed. Gen. Harrison informed him he conld not go as a chief, which method Tecumseh desired, and the visit was never made. In June of the following year, he visited the Indian agent at Fort Wayne. Here he disavowed any intention to make a war against the United States, and reproached Gen. Harrison for marching against his people. The agent replied to this ; Tecumseh listened with a cold indif- ference, and after making a few general remarks, with a haughty air drew his blanket about him, left the council house, and departed for Fort Mai- den, in Upper Canada, where he joined the British standard. He remained under this Government, doing effective work for the Crown while engaged in the war of 1812 which now opened. He was, however, always humane in his treatment of the prisoners, never allow- ing his warriors to ruthlessly mutilate the bodies of those slain, or wan- tonly murder the captive. In the Summer of 1813, Perry's victory on Lake Erie occurred, and shortly after active preparations were made to capture Maiden. On the 27th of September, the American army, under Gen. Harrison, set sail for the shores of Canada, and in a few hours stood around the ruins of Mai- den, from which the British army, under Proctor, had retreated to Sand- wich, intending to make its way to the heart of Canada by the Valley of the Thames. On the 29th Gen. Harrison was at Sandwich, and Gen. McArthur took possession of Detroit and the territory of Michigan. 72 THE NORTHWEST TERRITORY. On the 2d of October, the Americans began their pursuit of Proctor, whom they overtook on the 5th, and the battle of the Thames followed. Early in the engagement, Tecumseh who was at the head of the column of Indians was slain, and they, no longer hearing the voice of their chief- tain, fled. The victory was decisive, and practically closed the war in the Northwest. INDIANS ATTACKING A STOCKADS. Just who killed the great chief has been a matter of much dispute ; but the weight of opinion awards the act to Col. Richard M. Johnson, who fired at him with a pistol, the shot proving fatal. In 1805 occurred Burr's Insurrection. He took possession of a beautiful island in the Ohio, after the killing of Hamilton, and is charged by many with attempting to set up an independent government. His plans were frustrated by the general government, his property confiscated and he was compelled to flee the country for safety. THE NORTHWEST TERRITORY. 73 In January, 1807, Governor Hull, of Michigan Territory, made a treaty with the Indians, whereby all that peninsula was ceded to the United States. Before the close of the year, a stockade was built about Detroit. It was also during this year that Indiana and Illinois endeavored to obtain the repeal of that section of the compact of 1787, whereby slavery was excluded from the Northwest Territory. These attempts, however, all signally failed. In 1809 it was deemed advisable to divide the Indiana Territory. This was done, and the Territory of Illinois was formed from the western part, the seat of government being fixed at Kaskaskia. The next year, the intentions of Tecumseh manifested themselves in open hostilities, and then began the events already narrated. While this war was in progress, emigration to the West went on with surprising rapidity. In 1811, under Mr. Roosevelt of New York, the first steamboat trip was made on the Ohio, much to the astonishment of the natives, many of whom fled in terror at the appearance of the "monster." It arrived at Louisville on the 10th day of October. At the close of the first week of January, 1812, it arrived at Natchez, after being nearly overwhelmed in the great earthquake which occurred while on its downward trip. The battle of the Thames was fought on October 6, 1813. It effectually closed hostilities in the Northwest, although peace was not fully restored until July 22, 1814, when a treaty was formed at Green- ville, und^r the direction of General Harrison, between the United States and the Indian tribes, in which it was stipulated that the Indians should cease hostilities against the Americans if the war were continued. Such, happily, was not the case, and on the 24th of December the treaty of Ghent was signed by the representatives of England and the United States. This treaty was followed the next year by treaties with various Indian tribes throughout the West and Northwest, and quiet was again restored in this part of the new world. On the 18th of March, 1816, Pittsburgh was incorporated as a city. It then had a population of 8,000 people, and was already noted for its manufacturing interests. On April 19, Indiana Territory was allowed to form a state government. At that time there were thirteen counties organized, containing about sixty-three thousand inhabitants. The first election of state officers was held in August, when Jonathan Jennings was chosen Governor. The officers were sworn in on November 7, and on December 11, the State was formally admitted into the Union. For some time the seat of government was at Corydon, but a more central location being desirable, the present capital, Indianapolis (City of Indiana), was laid out January 1, 1825. 74 THE NORTHWEST TEREITORT. Oq the 28th of December the Bank of Illinois, at Shawneetown, was chartered, with a capital of 1300,000. At this period all banks were under the control of the States, and were allowed to establish braoahes at different convenient points. Until this time Chillieothe and Cincinnati had in turn enjoyed the privileges of being the capital of Ohio. But the rapid settlement of the northern and eastern portions of the State demanded, as in Indiana, a more central location, and before the close of the year, the site of Col- umbus was selected and surveyed as the future capital of the State. Banking had begun in Ohio as early as 1808, when the first bank was chartered at Marietta, but here as elsewhere it did not bring to the state the hoped-for assistance. It and other banks were subsequently unable to redeem their currency, and were obliged to suspend. In 1818, Illinois was made a state, and all the territory north of her^ northern limits was erected into a separate territory and joined to Mich- igan for judicial purposes. By the following year, navigation of the lakes was increasing with great rapidity and affording an immense source of revenue to the dwellers in the Northwest, but it was not until 1826 that the trade was extended to Lake Michigan, or that steamships began to navigate the bosom of that inland sea. Until the year 1832, the commencement of the Black Hawk War, but few hostilities were experienced with the Indians. Roads were opened, canals were dug, cities were built, common, schools were estab- lished, universities were founded, many of which, especially the Michigan University, have achieved a world wide-reputation. The people were becoming wealthy. The domains of the United States had been extended, and had the sons of the forest been treated with honesty and justice, the record of many years would have been th,at of peace and continuous pros- perity. BLACK HAWK AND THE BLACK HAWK WAR. This conflict, though confined to Illinois, is an important epoch in the Northwestern history, being the last war with the Indians in this part of the United States. Ma-ka-tai-me-she-kia-kiah, or Black Hawk, was born in the principal Sac village, about three miles from the junction of Rock River with the Mississippi, in the year 1767. His father's name was Py-e-sa or Pahaes ; his grandfather's, Na-na-ma-kee, or the Thunderer. Black Hawk early distinguished himself as a warrior, and at the age of fifteen was permitted to paint and was ranked among the braves. About the year 1788, he went on an expedition against the enemies of his nation, the Osages, one THE NOETHWBST TEEEITOEY. 75 BLACK HAWK, THE SAC CHIEFTAIN. 76 THE NORTHWEST TEBKTTORT. of whom he killed and scalped, and for this deed of Indian bravery he was permitted to join in the scalp dance. Three or four years after he, at the head of two hundred braves, went on another expedition against the Osages, to avenge the murder of some women and children belonging to his own tribe. Meeting an equal number of Osage warriors, a fierce battle ensued, in which the latter tribe lost one-half their number. The Sacs lost only about nineteen warriors. He next attacked the Cherokees for a similar cause. In a severe battle with them, near the present City of St'. Louis, his father was slain, and Black Hawk, taking possession of the " Medicine Bag," at once announced himself chief of the Sac nation. He had now conquered the Cherokees, and about the year 1800, at the head of five hundred Sacs and Foxes, and a hundred lowas, he waged war against the Osage nation and subdued it. For two years he battled successfully with other Indian tribes, all of whom he conquered. Black Hawk does not at any time seem to have been friendly to the Americans. When on a visit to St. Louis to see his " Spanish Father," he declined to see any of the Americans, alleging, as a reason, he did not want two fathers. The treaty at St. Louis was consummated in 1804. The next year the United States Government erected a fort near the head of the Des Moines Rapids, called Fort Edwards. This seemed to enrage Black Hawk, who at once- determined to capture Fort Madison, standing on the west side of the Mississippi above the mouth of the Des Moines River. The fort was garrisoned by about fifty men. Here he was defeated. The difficulties with the British Government arose about this time, and the War of 1812 followed. That government, extending aid to the Western Indians, by giving them arms and ammunition, induced them to remain hostile to the Americans. In August, 1812, Black Hawk, at the head of about five hundred braves, started to join the British forces at Detroit, passing on his way the site of Chicago, where the famous Fort Dearborn Massacre had a few days before occurred. Of his connection with the British Government but little is known. In 1813 he with his little band descended the Mississippi, and attacking some United States troops at Fort Howard was defeated. In the early part of 1815, the Indian tribes west of the Mississippi were notified that peace had been declared between the United States and England, and nearly all hostilities had ceased. Black Hawk did not sign any treaty, however, until May of the following year. He then recog- nized the validity of the treaty at St. Louis in 1804. From the time of signing this treaty in 1816, until the breaking out of the war in 1832, he and his band passed their time in the common pursuits of Indian life. Ten years before the commencement of this war, the Sac and Fox THE NORTHWEST TERRITORY. 77 Indians were urged to join the lowas on the west bank of the Father of Waters. All were agreed, save the band known as the British Band, of which Black Hawk was leader. He strenuously objected to the removal, and was induced to comply only after being threatened with the power of the Government. This and various actions on the part of the white set- tlers provoked Black Hawk and his band to attempt the capture of his native village now occupied by the whites. The war followed. He and his actions were undoubtedly misunderstood, and had his wishes been acquiesced in at the beginning of the struggle, much bloodshed would have been prevented. Black Hawk was chief now of the Sac and Fox nations, and a noted warrior. He and his tribe inhabited a village on Rock River, nearly three miles above its confluence with the Mississippi, where the tribe had lived many generations. When that portion of Illinois was reserved to them, they remained in peaceable possession of their reservation, spending their time in the enjoyment of Indian life. The fine situation of their village and the quality of their lands incited the more lawless white settlers, who from time to time began to encroach upon the red men's domain. From one pretext to another, and from one step to another, the crafty white men gained a foothold, until through whisky and artifice they obtained deeds from many of the Indians for their possessions. The Indians were finally induced to cross over the Father of Waters and locate among the lowas. Black Hawk was strenuously opposed to all this, but as the authorities of Illinois and the United States thoaghtthis the best move, he was forced to comply. Moreover other tribes joined the whites and urged the removal. Black Hawk would not agree to the terms of the treaty made with his nation for their lands, and as soon as the military, called to enforce his removal, had retired, he returned to the Illinois side of the river. A large force was at once raised and marched against him. On the evening of May 14, 1832, the first engagement occurred between a band from this army and Black Hawk's band, in which the former were defeated. This attack and its result aroused the whites. A large force of men was raised, and Gen. Scott hastened from the seaboard, by way of the lakes, with United States troops and artillery to aid in the subjugation ot the Indians. On the 24th of June, Black Hawk, with 200 warriors, was repulsed by Major Demont between Rock River and Galena. The Ameri- can army continued to move up Rock River toward the main body of the Indians, and on the 21st of July came upon Black Hawk and his band, and defeated them near the Blue Mounds. Before this action, Gen. Henry, in command, sent word to the main army by whom he was immediately rejoined, and the whole crossed the cauie of the war, which will be found on page 157. 78 THE NORTHWEST TBREITOBY. Wisconsin in pursuit of Black Hawk and his band who were fleeing to the , Mississippi. They were overtaken on the 2d of August, and in the battle which followed the power of the Indian chief was completely broken. He fled, but was seized by the Winnebagoes and delivered to the whites. On the 21st of September, 1832, Gen. Scott and Gov. Reynolds con- cluded a treaty with the Winnebagoes, Sacs and Foxes by which they ceded to the United States a vast tract of country, and agreed to remain peaceable with the whites. For the faithful performance of the provi- sions of this treaty on the part of the Indians, it was stipulated that Black Hawk, his two sons, the prophet Wabokieshiek, and six other chiefs of the hostile bands should be retained as hostages during the pleasure of the President. They were confined at Fort Barracks and put in irons. The next Spring, by order of the Secretary of War, they were taken to Washington. From there they were removed to Fortress Monroe, "there to remain until the conduct of their nation was such as to justify their being set at liberty." They were retained here until the 4th of June, when the authorities directed them to be taken to the principal cities so that they might see the folly of contending against the white people. Everj'where they were observed by thousands, the name of the old chief being extensively known. By the middle of August they reached Fort Armstrong on Rock Island, where Black Hawk was soon after released to go to his countrymen. As he passed the site of his birth- place, how the home of the white man, he was deeply moved. His village where he was born, where he had so happily lived, and where he had hoped to die, was now another's dwelling place, and he was a wanderer. On the next day after his release, he went at once to his tribe and his lodge. His wife was yet living, and with her he passed the remainder of his days. To his credit it may be said that Black Hawk always re- mained true to his wife, and served her with a devotion uncommon among the Indians, living with her upward of forty years. Black Hawk now passed his time hunting and fishing. A deep mel- ancholy had settled over him from which he could not be freed. At all times when he visited the whites he was received with marked atten- tion. He was an honored guest at the old settlers' reunion in Lee County, Illinois, at some of their meetings, and received many tokens of esteem. In September, 1838, while on his way to Rock Island to receive his annuity from the Government, he contracted a severe cold which resulted in a fatal attack of bilious fever which terminated his life on October 3. His faithful wife, who was devotedly attached to him, mourned deeply during his sickness. After his death he was dressed in the uniform pre- sented to him by the President while in Washington. He was buried in a grave six feet in depth, situated upon a beautiful eminence. " The THE NORTHWEST TERBITOEY. 79 body was placed in the middle of the grave, in a sitting posture, upon a seat constructed for the purpose. On his left side, the cane, given him by Henry Clay, was placed upright, with his right hand resting upon it. Many of the old warrior's trophies were placed in the grave, and some Indian garments, together with his favorite weapons." No sooner was the Black Hawk war concluded than settlers began rapidly to pour into the northern parts of Illinois, and into Wisconsin, now free from Indian depredations. Chicago, from a trading post, had grown to a commercial center, and was rapidly coming into prominence. In 1835, the formation of a State Government in Michigan was discussed, but did not take active form until two years later, when the State became a part of the Federal Union. The main attraction to that portion of the Northwest lying west of Lake Michigan, now included in the State of Wisconsin, was its alluvial wealth. Copper ore was found about Lake Superior. For some time this region was attached to Michigan for judiciary purposes, but in 183(5 was made a territory, then including Minnesota and Iowa. The latter State was detached two years later. In 1848, Wisconsin was admitted as a State, Madison being made the capital. We have now traced the various divisions of the Northwest Territory (save a little in Minnesota) from the time it was a unit comprising this vast territory, until circumstances compelled its present division. OTHER INDIAN TROUBLES. Before leaving this part of the narrative, we will narrate briefly the Indian troubles in Minnesota and elsewhere by the Sioux Indians. In August, 1862, the Sioux Indians living on the western borders of Minnesota fell upon the unsuspecting settlers, and in a few hours mas- sacred ten or twelve hundred persons. A distressful panic was the immediate result, fully thirty thousand persons fleeing from their homes to districts supposed to be better protected. The military authorities at once took active measures to punish the savages, and a large number were killed and captured. About a year after. Little Crow, the chief, was killed by a Mr. Lampson near Scattered Lake. Of those captured, thirty were hung at Mankato, and the remainder, through fears of mob violence, were removed to Camp McClellan, on the outskirts of the City of Davenport. It was here that Big Eagle came into prominence and secured his release by the following order : 80 THE NORTHWEST TERRITOEY. BIG EAGLE. THE NORTHWEST TERRITORY. gj " Special Order, No. 430. " War Department, " Adjutant General's Oepice, Washington, Dec. 3, 1864. "Big Eagle, an Indian now in confinement at Davenport, Iowa, will, upon the receipt of this order, be immediately released from confine- ment and set at liberty. " By order of the President of the United States. " Official : " E. D. Townsend, Ass't Adft aen. " Capt. Jambs Vandbrventer, Com'i/ Sub. Vols. " Through Com'g Gen'l, Washington, D. C." Another Indian who figures more prominently than Big Eagle, and who was more cowardly in his. nature, with his band of Modoc Indians, is noted in the annals of the New Northwest : we refer to Captain Jack. This distinguished Indian, noted for his cowardly murder of Gen. Canby, was a chief of a Modoc tribe of Indians inhabiting the border lands between California and Oregon. This region of country comprises what is known as the " Lava Beds," a tract of land described as utterly impene- trable, save by those savages who had made it their home. The Modocs are known as an exceedingly fierce and treacherous race. They had, according to their own traditions, resided here for many generations, and at one time were exceedingly numerous and powerful. A famine carried off nearly half their numbers, and disease, indolence and the vices of the white man have reduced them to a poqr, weak and insignificant tribe. Soon after the settlement of California and Oregon, complaints began to be heard of massacres of emigrant trains passing through the Modoc country. In 1847, an emigrant train, comprising eighteen souls, was en- tirely destroyed at a place since known as " Bloody Point." These occur- rences caused the United States Government to appoint apeace commission, who, after repeated attempts, in 1864, mad.e a treaty with the Modocs, Snakes and Klamaths, in which it was agreed on their part to remove to a reservation set apart for them in the southern part of Oregon. With the exception of Captain Jack and a band of his followers, who remained at Clear Lake, about six miles from Klamath, all the Indians complied. The Modocs who went to the reservation were under chief Schonchin. Captain Jack remained at the lake without disturbance until 1869, when he was also induced to remove to the reservation. The Modocs and the Klamaths soon became involved in a quarrel, and Captain Jack and his band returned to the Lava Beds. Several attempts were made by the Indian Commissioners to induce them to return to the reservation, and finally becoming involved in a 82 THE NORTHWEST TEEEITOKY. difficulty with the commissioner and his military escort, a fight ensueti, in which the chief and his hand were routed. They were greatly enraged, and on their retreat, before the day closed, killed eleven inoffensive whites. The nation was aroused and immediate action demanded. A com- mission was at once appointed by the Government to see what could be done. It comprised the following persons : Gen. E. R. S. Canby, Rev. Dr. E. Thomas, a leading Methodist divine of California; Mr. A. B. Meacham, Judge Rosborough, of California, and a Mr. Dyer, of Oregon. After several interviews, in which the savages were always aggressive, often appearing with scalps in their belts. Bogus Charley came to the commission on the evening of April 10, 1873, and informed them that Capt. Jack and his band would have a " talk " to-morrow at a place near Clear Lake, about three miles distant. Here the Commissioners, accom- panied by Charley, Riddle, the interpreter, and Boston Charley repaired. After the usual greeting the council proceedings commenced. On behalf of the Indians there were present : Capt. Jack, Black Jim, Schnao Nasty Jim, Ellen's Man, and Hooker Jim. They had no guns, but carried pis- tols. After short speeches by Mr. Meacham,, Gen. Canby and Dr. Thomas, Chief Schonchin arose to speak. He had scarcely proceeded when, as if by a preconcerted arrangement, Capt. Jack drew his pistol and shot Gen. Canby dead. In less than a minute a dozen shots were fired by the savages, and the massacre completed. Mr. Meacham was shot by Schon- chin, and Dr. Thomas by Boston Charley. Mr. Dyer barely escaped, being fired at twice. Riddle, the interpreter, and his squaw escaped. The troops rushed to the spot where they found Gen. Canby and Dr. Thomas dead, and Mr. Meacham badly wounded. The savages had escaped to their impenetrable fastnesses and could not be pursued. The whole country was aroused by this brutal massacre ; but it was not until the following May that the murderers were brought to justice. At that time Boston Charley gave himself up, and offered to guide the troops to Capt. Jack's stronghold. This led to the capture of his entire gang, a number of whom were murdered by Oregon volunteers while on their way to trial. The remaining Indians were held as prisoners until July when their trial occurred, which led to the conviction of Capt. Jack, Schonchin, Boston Charley, Hooker Jim, Broncho, alias One-Eyed Jim, and Slotuck, who were sentenced to be hanged. These sentences were approved by the President, save in the case of Slotuck and Broncho whose sentences were commuted to imprisonment for life. The others were executed at Fort Klamath, October 3, 1873. These closed the Indian troubles for a time in the Northwest, and for several years the borders of civilization remained in peace. They were again involved in a conflict with the savages about the country of the THE NOKTH-WEST TEKRITOKT. 83 CAPTAIN JACK, THE MODOC CHIEFTAIN. ^4 THE NORTHWEST TEREITOKY. Black Hills, in which war the gallant Gen. Custer lost his life. Just now the borders of Oregon and California are again in fear of hostilities ; but as the Government has learned how to deal with the Indians, they will be of short duration. The red man is fast passing away before the march of the white man, and a few more generations will read of the Indians as one of the nations of the past. The Northwest abounds in memorable places. We have generally noticed them in the narrative, but our space forbids their description in detail, save of the most important places. Detroit, Cincinnati, Vincennes, Kaskaskia and their kindred towns have all been described. But ere we leave the narrative we will present our readers with an account of the Kinzie house, the old landmark of Chicago, and the discovery of the source of the Mississippi River, each of which may well find a place in the annals of the Northwest. Mr. John Kinzie, of the Kinzie house, represented in the illustra- tion, established a trading house at Port Dearborn in 1804. The stockade had been erected the year previous, and named Fort Dearborn in honor of the Secretary of "War. It had a block house at each of the two angles, on the southern side a sallyport, a covered way on the north side, that led down to the. river, for the double purpose of providing means of escape, and of procuring water in the event of a siege. Fort Dearborn stood on the south bank of the Chicago River, about half a mile from its mouth. When Major Whistler built it, his soldiers hauled all the timber, for he had no oxen, and so economically did he work that the fort cost the Government only iifty dollars. For a while the garrison could get no grain, and Whistler and his men subsisted on acorns. Now Chicago is the greatest grain center in the world. Mr. Kinzie bought the hut of the first settler, Jean Baptiste Point au Sable, on the site of which he erected his mansion. Within an inclosure in front he planted some Lombardy poplars, seen in the engraving, and in the rear he soon had a fine garden and growing orchard. In 1812 the Kinzie house and its surroundings became the theater of stirring events. The garrison of Fort Dearborn consisted of fifty-four men, under the charge of Capt. Nathan Heald, assisted by Lieutenant Lenai T. Helm (son-in-law to Mrs. Kinzie), and Ensign Ronan. The surgeon was Dr. Voorhees. The only residents at the post at that time were the wives of Capt. Heald and Lieutenant Helm and a few of the , soldiers, Mr. Kinzie and his family, and a few Canadian voyagers with their wives and children. The soldiers and Mr. Kinzie were on the most friendly terms with the Pottawatomies and the Winnebagoes, the prin- cipal tribes around them, but they could not win them from their attach- ment to the British. THE NORTHWEST TERRITORY. 85 After the battle of Tippecanoe it was observed that some of the lead- ing chiefs became sullen, for some of their people had perished in that conflict with American troops. One evening in April, 1812, Mr. Kinzie sat playing his violin and his children were dancing to the music, when Mrs. Kinzie came rushing into the house pale with terror, and exclaiming, " The Indians ! the Indians ! " " What? Where? " eagerly inquired Mr. Kinzie. " Up at Lee's, killing and scalping," answered the frightened mother, who, when the alarm was given, was attending Mrs. Burns, a newly-made mother, living not far off. KIITZIE HOTTSE. Mr. Ktnzie and his family crossed the river in boats, and took refuge in the fort, to which place Mrs. Burns and her infant, not a day old, were conveyed in safety to the shelter of the guns of Fort Dearborn, and the rest of the white inhabitants fled. The Indians were a scalping party of Winnebagoes, who hovered around the fort some days, when they dis- appeared, and for several weeks the inhabitants were not disturbed by Chicago was then so deep in the wilderness, that the news of the declaration of war against Great Britain, made on the 19th of June, 1812, did not reach the commander of the garrison at Fort Dearborn till the 7th of August. Now the fast mail train will carry a man from New York to Chicago in tw^enty-seven hours, and such a declaration might be sent, every word, by the telegraph in less than the same number of minutes. 86 THE irOETHWEST TBRRITOBY. PRESENT CONDITION OF THE NORTHWEST. Preceding chapters have brought us to the close of the Black Hawk war, ancl we now turn to the contemplation of the growth and prosperity of the Northwest under the smile of peace and the blessings of our civili- zation. The pioneers of this region date events back to the deep snow A. EEPEBSENTATIVE PIONEEE. of 1831, no one arriving here since that date taking first honors. The inciting cause of the immigration which overflowed the prairies early in the '3Qs was the reports of the marvelous beauty and fertility of the region distributed through the East by those who had participated in the Black Hawk campaign with Gen. Scott. Chicago and Milwaukee then had a few hundred inhabitants, and Gurdon S. Hubbard's trail from the former city to Kaskaskia led almost through a wilderness. Vegetables and clothing were largely distributed through the regions adjoining the THE NORTHWEST TEREITOET. 87 lakes by steamers from the Ohio towns. There are men now living in Illinois who came to the state when barely an acre was in cultivation, and a man now prominent in the business circles of Chicago looked over the swampy, cheerless site of that metropolis in 1818 and went south ward mto civilization. Emigrants from Pennsylvania in 1830 left behind UNCOLN MONUMENT, SPKINGFIBLD, ILLINOIS. them but one small railway in the coal regions, thirty miles in length, and made their way to the Northwest mostly with ox teams, finding in Northern Illinois petty settlements scores of miles apart, although the southern portion of the state was fairly dotted with farms. The water courses of the lakes and rivers furnished transportation to the second great army of immigrants, and about 1850 railroads were pushed to that extent that the crisis of 1837 was precipitated upon us. 88 THE NOKTHWEST TEHEITOKY. from the effects of which the "Western country had not fully recovered at the outbreak of the war. Hostilities found the colonists of the prairies fully alive to the demands of the occasion, and the honor of recruiting I ,,Li|yp^'^viu!,Pi| o a i-i o o « a » o M ft Warren, Clarke, Lucas, Monroe, Wayne and Appanoose. This formation is composed of alternating beds of clay, sandstone and lime- stone, the clays or shales constituting the bulk of the formation, the limestone occurring in their bands, the lithological peculiarities of which ofi'er many con- trasts to the limestones of the upper a-nd lower coal measures. The formation is also characterized by regular wave-like undulations, with a parallelism which indicates a widespread disturbance, though no dislocation of the strata have been discovered- Generally speaking, few species of fossils occur in these beds. Some of the shales and sandstone have afforded a few imperfectly preserved land plants — three or four species of ferns, belonging to the genera. Some of the carbonif- erous shales aiford beautiful specimens of what appear to have been sea-weeds. Radiates are represented by corals. The moUusks are most numerously repre- sented. Trilohites and ostracoids are the only remains known of articulates. HISTORY OF THE STATE OF IOWA. 129 Vertebrates are only known by the remains of salachians, or sharks, and ganoids. Upper Coal Measures. — The area occupied by this formation in Iowa is very great, comprising thirteen whole counties, in the southwestern part of the State. It adjoins by its northern and eastern boundaries the area occupied by the middle coal measures. The prominent lithological features of this formation are its limestones, yet it contains a considerabb proportion of shales and sandstones. Although it is known by the name of upper coal measures, it contains but a single bed of coal, and that only about twenty inches in maximum thickness. The limestone exposed in this formation furnishes good material for building as in Madison and Fremont Counties. The sandstones are quite worthless. No beds of clay for potter's use are found in the whole formation. The fossils in this formation are much more numerous than in either the middle or lower coal measures. The vertebrates are represented by the fishes of the orders selachians and ganoids. The articulates are represented by the trilobites and ostracoids. Mollusks are represented by the classes oepJialapoda, gasteropoda, lamelli, hranchiata, Irachiapoda andpolyzoa. Radiates are more numerous than in the lower and middle coal measures. Protogoans are repre- sented in the greatest abundance, some layers of limestone being almost entirely composed of their small fusiform shells. CKETACEOUS SYSTEM. There being no rocks, in Iowa, of permian, triassic or Jurassic age, the next strata in the geological series are of the cretaceous age. They are found in the western half of the State, and do not dip, as do all the other formations upon which they rest, to the southward and westward, but have a general dip of their own to the north of westward, which, however, is very slight. Although the actual exposures of cretaceous rocks are few in Iowa, there is reason to believe that nearly all the western half of the State was originally occupied by them ; but being very friable, they have been removed by denuda- tion, which has taken place at two separate periods. The first period was during its elevation from the cretaceous sea, and during the. long tertiary age that passed between the time of that elevation and the commencement of the glacial epoch. The second period was during the glacial ep'och, when the ice produced their entire removal over considerable areas. It is difficult to indicate the exact boundaries of these rocks ; the following will approximate the outlines of the area : From the northeast corner to the southwest corner of Kossuth County ; thence to the southeast corner of Guthrie County; thence to the southeast corner of Cass County; thence to the middle of the south boundary of Mont- gomery County ; thence to the middle of the north boundary of Pottawattamie County; thence to the middle of the south boundary of Woodbury County; 130 HISTORY OF THE STATE OF IOWA. thence to Sergeant's bluffs; up the Missouri and Big Sioux Rivers to the northwest corner of the State ; eastward along the State line to the place of beginning. All the cretaceous rocks in Iowa are a part of the same deposits farther up the Missouri Eiver, and in reality form their eastern boundary. Nishnabotany Sandstone. — This rock has the most easterly and southerly extent of the cretaceous deposits of Iowa, reaching the southeastern part of Guthrie County and the southern part of Montgomery County. To the north- ward, it passes beneath the Woodbury sandstones and shales, the latter passing beneath the inoceramus, or chalky, beds. This sandstone is, with few excep- tions, almost valueless for economic purposes. The only fossils found in this formation are a few fragments of angiosper- mous leaves. Woodbury Sandstones and Shales. — These strata rest upon the Nishna- botany sandstone, and have not been observed outside of Woodbury County, hence their name. Their principal exposure is at Sergeant's Bluffs, seven miles below Sioux City. This rock has no value except for purposes of common masonry. Fossil remains are rare. Detached scales of a lepidoginoid species have been detected, but no other vertebrate remains. Of remains of vegetation, leaves of salix meekii and sassafras cretaceum have been occasionally found. Inoceramus Beds. — These beds rest upon the Woodbury sandstones and shales. They have not been observed in Iowa, except in the bluffs which border the Big Sioux River in Woodbury and Plymouth Counties. They are composed almost entirely of calcareous material, the upper portion of which is extensively used for lime. No building material is to be obtained from these beds ; and the only value they possess, except lime, are the marls, which at some time may be useful on the soil of the adjacent region. The only vertebrate remains found in the cretaceous rocks are the fishes. Those in the inoceramus beds of Iowa are two species of squoloid selachians, or cestratront, and three genera of teliosts. Molluscan remains are rare. PEAT. Extensive beds of peat exist in Northern Middle Iowa, which, it is esti- mated, contain the following areas : Counties. Acres. Cerro Gordo 1,500 Worth 2,l00 Winnebago 2,000 Hancock 1,500 t Wright 500 Kossuth 700 Dickinson 80 Several other counties contain peat beds, but the character of the peat is inferior to that in the northern part of the State. The character of the peat HISTORY OF THE STATE OF IOWA. 131 named is equal to that of Ireland. The beds are of an average depth of four feet. It is estimated that each acre of these beds will furnish two hundred and fifty tons of dry fuel for each foot in depth. At present, owing to the sparse- ness of the population, this peat is not utilized ; but, owing to its great distance from the coal fields and the absence of timber, the time is coming when their value will be realized, and the fact demonstrated that Nature has abundantly compensated the deficiency of other fuel. GYPSUM. The only deposits of the sulphates of the alkaline earths of any economic value in Iowa are those of gypsum at and in the vicinity of Fort Dodge, in Webster County. All others are small and unimportant. The deposit occupies a nearly central position in Webster County, the Des Moines River running nearly centrally through it, along the valley sides of which the gypsum is seen in the form of ordinary rock clifi" and ledges, and also occurring abundantly in similar positions along both sides of the valleys of the smaller streams and of the numerous ravines coming into the river valley. The most northerly known limit of the deposit is at a point near the mouth of Lizard Creek, a tributary of the Des Moines River, and almost adjoining the town of Fort Dodge. The most southerly point at which it has been found exposed is about six miles, by way of the river, from this northerly point before mentioned. Our knowledge of the width of the area occupied by it is limited by the exposures ' seen in the valleys of the small streams and in the ravines which come into the valley within the distance mentioned. As one goes up these ravines and minor valleys, the gypsum becomes lost beneath the over- lying drift. There can be no doubt that the difierent parts of this deposit, now disconnected by the valleys and ravines having been cut through it, were orig- inally connected as a continuous deposit, and there seems to be as little reason to doubt that the gypsum still extends to considerable distance on each side of the valley of the river beneath the drift which covers the region to a depth of from twenty to sixty feet. The country round about this region has the prairie surface approximating a general level which is so characteristic of the greater part of the State, and which exists irrespective of the character or geological age of the strata beneath, mainly because the drift is so deep and uniformly distributed that it frequently almost alone gives character to the surface. The valley sides of the Des Moines River, in the vicinity of Fort Dodge, are somewhat abrupt, having a depth there from the general level of the upland of about one hundred and seventy feet, and consequently presents somewhat bold and interesting features in the land- scape. As one walks up and down the creeks and ravines which come into the valley of the Des Moines River there, he sees the gypsum exposed on either side of them, jutting out from beneath the drift in the form of 132 HISTORY OF TllE STATE OF IOWA. ledges and bold quarry fronts, having almost the exact appearance of ordinary limestone exposures, so horizontal and regular are its lines of stratification, and so similar in color is it to. some varieties of that rock. The principal quarries now opened are on Two Mile Creek, a couple of miles below Fort Dodge. The reader will please beat in mind that the gypsum of this remarkable deposit does not occur in "heaps" or "nests," as it does in most deposits of gypsum in the States farther eastward, but that it exists here in the form of a regularly stratified, continuous formation, as uniform in texture, color and quality throughout the whole region, and from top to bottom of the deposit as the granite of the Quincy quarries is. Its color is a uniform gray, result- ing from alternating fine horizontal lines of nearly white, with similar lines of darker shade. The gypsum of the white lines is almost entirely pure, the darker lines containing the impurity. This is at intervals barely sufiicient in amount to cause the separation of the mass upon those lines into beds or layers, thus facilitating the quarrying of it into desired shapes. These bedding sur- faces have occasionally a clayey feeling to the touch, but there is nowhere any intercalation of clay or other foreign substance in a separate form. The deposit is known to reach a thickness of thirty feet at the quarries referred to, but although it will probably be found to exceed this thickness at some other points, at the natural exposures, it is seldom seen to be more than from ten to twenty feet thick. Since the drift is usually seen to rest directly upon the gypsum, with noth- ing intervening, except at a few points where traces appear of an overlying bed of clayey material without doubt of the same age as the gypsum, the latter probably lost something of its thickness by mechanical erosion during the glacial epoch ; and it has, doubtless, also sufi'ered some diminution of thickness since then by solution in the waters which constantly percolate through the drift from the surface. The drift of this region being somewhat clayey, partic- ulary in its lower part, it has doubtless served in some degree as a protection against the diminution of the gypsum by solution in consequence of its partial imperviousness to water. If the gypsum had been covered by a deposit of sand instead of the drift clays, it would have no doubt long since disappeared by being dissolved in the water that would have constantly reached it from the sur- face. Water merely resting upon it would not dissolve it away to any extent, but it rapidly disappears under the action of running water. Where little rills of water at the time of every rain run over the face of an unused quarry, from the surface above it, deep grooves are thereby cut into it, giving it somewhat the appearance of melting ice around a waterfall. The fact that gypsum is now suffering a constant, but, of course, very slight, diminution, is apparent in the fact the springs of the region contain more or less of it in solution in their waters. An analysis of water from one of these springs will be found in Prof. Emery's report. HISTORY OF THE STATE OF IOWA. 133 Besides the clayey beds that are sometimes seen to rest upon the gypsum there are occasionally others seen beneath them that are also of the same age, and not of the age of the coal-measure strata upon which they rest. Aye of the Gypsum Deposit.— In neither the gypsum nor the associated clays has any trace of any fossil remains been found, nor has any other indica- tion of its geological age been observed, except that which is aflForded by its stratigraphical relations ; and the most that can be said with certainty is that it is newer than the coal measures, and older than the drift. The indications aiforded by the stratigraphical relations of the gypsum deposit of Fort Dodge are, however, of considerable value. As already shown, it rests in that region directly and unconformably upon the lower coal measures ; but going southward from there, the whole series of coal-measure strata from the top of the subcarboniferous group to the upper coal measures, inclusive, can be traced without break or unconformability. The strata of the latter also may be traced in the same manner up into the Permian rocks of Kansas; and through this long series, there is no place or horizon which suggests that the gypsum deposit might belong there. Again, no Tertiary deposits are known to exist within or near the borders of Iowa to suggest that the gypsum might be of that age; nor are any of the palaeozoic strata newer than the subcarboniferous unconformable upon each other as the other gypsum is unconformable upon the strata beneath it. It therefore seems, in a measure, conclusive, that the gypsum is of Mesozoie age, perhaps older than the Cretaceous. Lithological Origin. — As little can be said with certainty concerning the lithological origin of this deposit as can be said concerning its geological age, for it seems to present itself in this relation, as in the former one, as an isolated fact. None of the associated strata show any traces of a double decomposition of pre-existing materials, such as some have supposed all deposits of gypsum to have resulted from. No considerable quantities of oxide of iron nor any trace of native sulphur have been found in connection with it ; nor has any salt been found in the waters of the region. These substances are common in association with other gypsum deposits, and are regarded by some persons as indicative of the method of or resulting from their origin as such. Throughout the whole region, the Fort Dodge gypsum has the exact appearance of a sedimentary deposit. It is arranged in layers like the regular layers of limestone, and the whole mass, from top to bottom, is traced with fine horizontal laminae of alter- nating white and gray gypsum, parallel with the bedding surfaces of the layers, but the whole so intimately blended as to form a solid mass. The darker lines contain almost all the impurity there is in the gypsum, and that impurity is evidently sedimentary in its character. From these facts, and also from the further one that no trace of fossil remains has been detected in the gypsum, it seems not unreasonable to entertain the opinion that the gypsum of Fort Dodge originated as a chemical precipitation in comparatively still waters which were 134 HISTORY OF THE STATE OF IOWA. saturated with sulphate of lime and destitute of life ; its stratification and impurities being deposited at the same time as clayey impurities which had been held suspended in the same waters. Physical Properties.— Much has already been said of the physical proper- ties or character of this gypsum, but as it is so different in some respects from that of other deposits, there are yet other matters worthy of mention in connec- tion with those. According to the results of a complete and exhaustive anal- ysis by Prof. Emery, the ordinary gray gypsum contains only about eight per cent, of impurity ; and it is possible that the average impurity for the whole deposit will not exceed that proportion, so uniform in quality is it from lo top to bottom and from one end of the region' to the other. When it is remembered that plaster for agricultural purposes is sometimes prepared from gypsum that contains as much as thirty per cent, of impurity, it will be seen that ours is a very superior article for such purposes. The impu- rities are also of such a character that they do not in any way interfere with its value for use in the arts. Although the gypsum rock has a gray color, it becomes quite white by grinding, and still whiter by the calcining process nec- essary in the preparation of plaster of Paris. These tests have all been practi- cally made in the rooms of the Geological Survey, and the quality of the plaster of Paris still further tested by actual use and experiment. No hesitation, therefore, is felt in stating that the Fort Dodge gypsum is of as good a quality as any in the country, even for the finest uses. In view of the bounteousness of the primitive fertility of our Iowa soils, many persons forget that a time may come when Nature will refuse to respond so generously to our demand as she does now, without an adequate return. Such are apt to say that this vast deposit of gypsum is valueless to our com- monwealth, except to the small extent that it may be used in the arts. This is undoubtedly a short-sighted view of the subject, for the time is even now rapidly passing away when a man may purchase a new farm for less money than he can re-fertilize and restore the partially wasted primitive fertility of the one he now. occupies. There are farms even now in a large part of the older settled portions of the State that would be greatly benefited by the proper application of plaster, and such areas will continue to increase until it will be difiicult to estimate the value of the deposit of gypsum at Fort Dodge. It should be remembered, also, that the inhabitants of an extent of country adjoining our State more than three times as great as its own area will find it more convenient to obtain their supplies from Fort Dodge than from any other source. For want of direct railroad communication between this region and other parts of the State, the only use yet made of the gypsum by the inhabitants is for the purposes of ordinary building stone. It is so compact that it is found to be comparatively unaifected by the frost, and its ordinary situation in walls of houses is such that it is protected from the dissolving action of water, which I HISTORY OF THE STATE OF IOWA. 135 can at most reach it only from occasional rains, and the effect of these is too slight to be perceived after the lapse of several years. One of the citizens of Fort Dodge, Hon. John F. Buncombe, built a large, fine residence of it, in 1861, the walls of which appear as unaffected by exposure and as beautiful as they were when first erected. It has been so long and successfully used for building stone by the inhabitants that they now prefer it to the limestone of good quality, which also exists in the immediate vicinity. This preference is due to the cheapness of the gypsum, as compared with the stpne. The cheapness of the former is largely due to the facility with which it is quarried and wrought. Several other houses have been constructed of it in Fort Dodge, including the depot building of the Dubuque & Sioux City Rail- road. The company have also constructed a large culvert of the same material to span a creek near the town, limestone only being used for the lower courses, which come in contact with the water. It is a fine arch, each stone of gypsum being nicely hewn, and it will doubtless prove a very durable one. Many of the sidewalks in the town are made of the slabs or flags of gypsum which occur in some of the quarries in the form of thin layers. They are more durable than their softness would lead one to suppose. They also possess an advantage over stone in not becoming slippery when worn. The method adopted in quarrying and dressing the blocks of gypsum is ' peculiar, and quite unlike that adopted in similar treatment of ordinary stone. Taking a stout auger-bit of an ordinary brace, such as is used by carpenters, and filing the cutting parts of it into a peculiar form, the quarryman bores his holes into the gypsum quarry for 1)lasting, in the same manner and with as great facility as a carpenter would bore hard wood. The pieces being loosened by blasting, they are broken up with sledges into convenient sizes, or hewn into the desired shapes by means of hatchets or ordinary chopping axes, or cut by means of ordinary wood-saws. So little grit does the gypsum contain that these tools, made for working wood, are found to be better adapted for working the former substance than those tools are which are universally used for work- ing stone. MINOR DEPOSITS OF SULPHATE OF LIMB. Besides the great gypsum deposit of Fort Dodge, sulphate of lime in the various forms of fibrous gypsum, selenite, and small, amorphous masses, has also been discovered in various formations in different parts of the State, includ- ing the coal -measure shales near Fort Dodge, where it exists in small quanti- ties, quite independently of the great gypsum deposit there. The quantity of gypsum in these minor deposits is always too small to be of any practical value, and frequently minute. They usually occur in shales and shaly clays, asso- ciated with strata that contain more or less sulphuret of iron (iron pyrites). Gypsum has thus been detected in the coal measures, the St. Louis limestone, the cretaceous strata, and also in the lead caves of Dubuque. In most of these cases it is evidently the result of double decomposition of iron pyrites and car- 136 HISTORY OF THE STATE OF IOWA. bonate of lime, previously existing there ; in which cases the gypsum is of course not an original deposit as the great one at Fort Dodge is supposed to be. The existence of these comparatively minute quantities of gypsum in the shales of the coal measures and the subcarboniferous limestone which are exposed within the region of and occupy a stratigraphical position beneath the great gypsum deposits, suggests the possibility that the former may have originated as a precipitate from percolating waters, holding gypsum in solution which they had derived from that deposit in passing over or through it. Since, however, the same substance is found in similar small quantities and under similar .con- ditions in regions where they could have had no possible connection with that deposit, it is believed that none of those mentioned have necessarily originated from it, not even those that are found in close proximity to it. The gypsum found in the lead caves is usually in the form of efflorescent fibers, and is always in small quantity. In the lower coal-measure shale near Fort Dodge, a small mass was found in the form of an intercalated layer, which had a distinct fibrous structure, the fibers being perpendicular to the plane of the layer. The same mass had also distinct, horizontal planes of cleavage at right angles with the perpendicular fibers. Thus, being more or less transpa- rent, the mass combined the characters of both fibrous gypsum and selenite. No anhydrous sulphate of lime (anhydrite) has been found in connection with the great gypsum deposit, nor elsewhere in Iowa, so far as yet known. SULPHATE OF STKONTIA. ( Celes'ine. ) The only locality at which this interesting mineral has yet been found in Iowa, or, so far as is known, in the great valley of the Mississippi, is at Fort Dodge. It occurs there in very small quantity in both the shales of the lower coal measures and in the clays that overlie the gypsum deposit, and which are regarded as of the same age with it. The first is just below the city, near Rees' coal bank, and occurs as a layer intercalated among the coal measure shales, amounting in quantity to only a few hundred pounds' weight. The mineral is fibrous and crystalline, the fibers being perpendicular to the plane of the layer. Breaking also with more or less distinct horizontal planes of cleavage, it resem- bles, in physical character, the layer of fibro-crystalline gypsum before men- tioned. Its color is light blue, is transparent and shows crystaline facets upon both the upper and under surfaces of the layer ; those of the upper surface being smallest and most numerous. It breaks up readily into small masses a)ong the lines of the perpendicular fibers or columns. The layer is probably not more than a rod in extent in any direction and about three inches in maxi- mum thickness. Apparent lines of stratification occur in it, corresponding with those of the shales which imbed it. The other deposit was still smaller in amount, and occurred as a mass of crystals imbedded in the clays that overlie the gypsum at Cummins' quarry in HISTORY OF THE STATE OF IOWA. ' 137 the valley of Soldier Creek, upon the north side of the town. The mineral is in this case nearly colorless, and but for the form of the separate crystals would closely resemble masses of impure salt. The crystals are so closely aggregated that they enclose but little impurity in the mass, but in almost all cases their fundamental forms are obscured. This mineral has almost no real practical value, and its occurrence, as described, is interesting only as a mineralogical fact. SULPHATE OF BARYTA. {Baryts, Heavy Spar.) This mineral has been found only in minute quantities in Iowa. It has been detected in the coal-measure .shales of Decatur, Madison and Marion Counties, the Devonian limestone of Johnson and Bremer Counties and in the lead caves of Dubuque. In all these cases, it is in the form of crystals or small crystalline masses. SULPHATE OF MAGNESIA. [Fpsomite.) Epsomite, or native epsom salts, having been discovered near Burlington, we have thus recognized in Iowa all the sulphates of the alkaline earths of natural origin ; all of them, except the sulphate of lime, being in very small quantity. Even if the sulphate of magnesia were produced in nature, in large quantities, it is so very soluble that it can accumulate only in ^uch positions as afford it complete shelter from the rains or running water. The epsomite mentioned was found beneath the overhanging cliff of Burlington limestone, near Starr's mill, which are represented in the sketch upon another page, illus- trating the subcarboniferous rocks. It occurs in the form of efflorescent encrus- tations upon the surface of stones and in similar small fragile masses among the fine debris that has fallen down beneath the overhanging cliff. The projection of the cliff over the perpendicular face of the strata beneath amounts to near twenty feet at the point where epsomite was found. Consequently the rains never reach far beneath it from any quarter. The rock upon which the epsom- ite accumulates is an impure limestone, containing also some carbonate of mag- nesia, together with a small proportion of iron pyrites in a finely divided con- dition. It is doubtfess by double decomposition of these that the epsomite re- sults. By experiments with this native salt in the office of the Survey, a fine article of epsom salts was produced, but the quantity that might be annually obtained there would amount to only a few pounds, and of course is of no prac- tical value whatever, on account of its cheapness in the market. CLIMATOLOGY. No extended record of the climatology of Iowa has been made, yet much of great value may be learned from observations made at a single point. Prof. T. S. Parvin, of the State University, has recorded observations made from 1839 to the present time. Previous to 1860, these observations were made at Mus- 138 HISTORY OF THE STATE OF IOWA. catine. Since that date, they were made in Iowa City. The result is that the atmospheric conditions of the climate of Iowa are in the highest degree favor- able to health. The highest temperature here occurs in August, while July is the hottest month in the year by two degrees, and January the coldest by three degrees. The mean temperature of April and October most nearly corresponds to the mean temperature of the year, as well as their seasons of Spring and Fall,' while that of Summer and "Winter is best represented in that of August and December. The period of greatest heat ranges from June 22d to August 31st ; the next mean time being July 27th. The lowest temperature extends from December 16th to February 15th, the average being January 20th — the range in each case being two full months. The climate of Iowa embraces the range of that of New York, Pennsyl- vania, Ohio, Indiana and Illinois. The seasons are not characterized by the frequent and sudden changes so common in the latitudes further south. The temperature of the Winters is somewhat lower than States eastward, but of other seasons it is higher. The atmosphere is dry and invigorating. The surface of the State being free at all seasons of the year from stagnant water, with -good breezes at nearly all seasons, the miasmatic and pulmonary diseases are unknown. Mortuary statistics show this to be one of the jnost healthful States in the Union, being one death to every ninety-four persons. The Spring, Summer and Fall months are delightful ; indeed, the glory of Iowa is her Autumn, and nothing can transcend the splendor of her Indian Summer, which lasts for weeks, and finally blends, almost imperceptibly, into Winter. HISTORY OF THE STATE OF IOWA. DISCOVERY AND OCCUPATION. Iowa, in the symbolical and expressive language of the aborisinal inhab- itants is said to signify "The Beautiful Land," and was applied to this magnifacent and fruitful region by its ancient owners, to express their apprecia- tion of Its superiority of climate, soil and location. Prior to 1803, the Mississippi Kiver was the extreme western boundary of the United States. All the great empire lying west of the " Father of Waters," from the Gulf of Mexico on the south to British America on the north, and westward to the Pacific Ocean was a Spanish province. A brief historical sketch of the discovery and occupation of this grand empire by the Spanish and French governments will be a fitting introduction to the history of the young and thriving State of Iowa, which, until the commencement of the present century, was a part of the Spanish possessions in America. Early in the Spring of 1542, fifty years after Columbus discovered the New World, and one hundred and thirty years before the French missionaries discov- ered its upper waters, Ferdinand De Soto discovered the mouth of the Mississippi River at the mouth of the Washita. After the sudden death of De Soto, in May of the same year, his followers built a small vessel, and in July, 1543,, descended the great river to the Gulf of Mexico. In accordance with the usage of nations, under which title to the soil was claimed by right of discovery, Spain, having conquered Florida and discovered the Mississippi, claimed all the territory bordering on that river and the Gulf of Mexico. But it was also held by the European nations that, while discovery gave title, that title must be perfected by actual possession and occupation. Although Spain claimed the territory by right of fir-st discovery, she made no effort to occupy it; by no permanent settlement had she perfected and held her title, and therefore had forfeited it when, at a later period, the Lower Mississippi Valley was re-discovered and occupied by Frnnce. The unparalleled labors of the jealous Frc nc'i Jesuits of Canada in penetrating the unknown region of the West, commencing in 1611, form a history of no ordi- nary interest, but have no particular connection with the scope of the present work, until in the Fall of 1665. Pierre Claude Allouez, who had entered Lake Superior in September, and sailed along the south 3rn coast in search of copper, had arrived at the great village of the Chippewas at Chegoincegon. Here a grand council of some ten or twelve of the principal Indian nations was held. The Pottawatomies of Lake Michigan, the Sacs and Foxes of the West, the Hurons from the North, the Illinois from the South, and the Sioux from the land of the prairie and wild rice, were all assembled there. The Illinois told 140 HISTORY OF THE STATE OP IOWA. the Story of their ancient glory and about the noble river on the banks of which they dwelt. The Sioux also told their white brother of the same great river, and Allouez promised to the assembled tribes the protection of the French nation against all their enemies, native or foreign. The purpose of discovering the great river about which the Indian na- tions had given such glowing accounts appears to have originated with Mar- quette, in 1669. In the year previous, he and Claude Dablon had established the Mission of St. Mary's, the oldest white settlement within the present limits of the State of Michigan. Marquette was delayed in the execution of his great undertaking, and spent the interval in studying the language and habits of the Illinois Indians, among whom he expected to travel. About this time, the French Government had determined to extend the do- minion of France to the extreme western borders of Canada. Nicholas Perrot was sent as the agent of the government, to propose a grand council of the Indian nations, at St. Mary's. When Perrot reached Green Bay, he extended the invitation far and near ; and, escorted by Pottsdwatomies, repaired on a mission of peace, and friend- ship to the Miamis, who occupied the region about the present location of Chicago. In May, 1671, a great council of Indians gathered at the Falls of St. Mary, from all parts of the Northwest, from the head waters of the St. Law- rence, from the valley of the Mississippi and from the Red River of the North. Perrot met with them, and after grave consultation, formally announced to the assembled nations that their good French Father felt an abiding interest in their welfare, and had placed them all under the powerful protection of the French Government. Marquette, during that same year, had gathered at Point St. Ignace the vemn ants of one branch of the Hurons. This station, for a long series of years, was considered the key to the unknown West. The time was now auspicious for the consummation of Marquette's grand project. The successful termination of Perrot's mission, and the general friend- liness of the native tribes, rendered the contemplated expedition much less per- ilous. But it was not until 1673 that the intrepid and enthusiastic priest was finally ready to depart on his daring and perilous journey to lands never trod by white men. The Indians, who had gathered in large numbers to witness his departure, were astounded at the boldness of the proposed undertaking, and tried to dis- courage him, representing that the Indians of the Mississippi Valley were cruel and bloodthirsty, and would resent the intrusion of strangers upon their domain. The great river itself, they said, was the abode of terrible monsters, who could swallow both canoes and men. But Marquette was not to be diverted from his purpose by these fearful re- ports. He assured his dusky friends that he was ready to make any sacrifice, even to lay down his life for the sacred cause in which he was engaged. He prayed with them ; and having implored the blessing of God upon his undertak- ing, on the 13th day of May, 1673, with Joliet and five Canadian- French voy- ageurs, or boatmen, he left the mission on his daring journey. Ascending Green Bay and Fox River, these bold and enthusiastic pioneers of religion and discovery proceeded until they reached a Miami and Kickapoo village, where Marquette was delighted to find " a beautiful cross planted in the middle of the town, ornamented with white skins, red girdles and bows and arrows, which these good people had offered to the Great Manitou, or God, to thank Him for HISTORY OF THE STATE OF iOWA.^ 141 che pitj He had bestowed on them during the Winter, in having given them abundant chase." This was the extreme point beyond which the explorations of the French missionaries had not then extended. Here Marquette was instructed by his Indian hosts in the secret of a root that cures the bite of the venomous rattle- snake, drank mineral water with them and was entertained with generous hos- "pitality. He called together the priiicipal men of the.village, and informed them that his companion, Joliet, had been sent by the French Governor of Can- ada to discover new countries, to be added to the dominion of France ; but that he, himself, had been sent by the Most High God, to carry the glorious religion of the Cross ; and assured his wondering hearers that on this mission he had no fear of death, to which he knew he would be exposed on his perilous journeys. Obtaining the services of two Miami guides, to conduct his little band to the Wisconsin River, he left the hospitable Indians on the 10th of June. Conduct- ing them across the portage, their Indian guides returned to their village, and the little party descended the Wisconsin, to the great river which had so long been so anxiously looked for, and boldly floated down its unknown waters. On the 25th of June, the explorers discovered indications of Indians on the west bank of the river and landed a little above the mouth of the river now known as Des Moines, and for the first time Europeans trod the soil of Iowa. Leaving the Canadians to guard the canoes, Marquette and Joliet boldly fol- lowed the trail into the interior for fourteen miles (some authorities say six), to an Indian village situate on the banks of a river, and discovered two other vil- lages, on the rising ground about half a league distant. Their visit, while it created much astonishment, did not seem to be entirely unexpected, for there was a tradition or prophecy among 'the Indians that white visitors were to come to them. They were, therefore,' received with great respect and hospitality, and were cordially tendered the calumet or pipe of peace. They were informed that this band was a part of the Illini nation and that their village was called Mon- in-gou-ma or Moingona, which was the name of the river on which it stood. This, from its similarity of sound, MarquQtte corrupted into Des Momes (Monk's River), its present name. , » , j Here the voyagers remained six days, learning much of the manners and customs of their new friends. The new religion they boldly preached and the authority of the King of France they proclaimed were received without hos- tility or remonstrance by their savage entertainers. On their departure, they were accompanied to their canoes by the chiefs and hundreds of warriors Marquette received from them the sacred calumet, the emblem of peace and safeguard among the nations, and re-embarked for the rest of his journey. It is needless to follow him further, as his explorations beyond his discovery of Iowa more properly belong to the history of another State. In 1682, La Salle descended the Mississippi to the Gulf of Mexico, and in the name of the King of France, took formal possession of all the immense region watered by the great river and its tributaries from its source to its m^^^^^^^^ and named it Louisiana, in honor of his master, Louis XIV. The rner he called " Colbert," after the French Minister, and at its mouth erected a column and a cross bearing the inscription, in the French language, "Louis the Great, King op France and Navarre, Reigning April 9th, 1682." At the close of the seventeenth century, France claimed, by right of dis- covery and occupancy, the whole valley of the Mississippi and its tributaries, including Texas, as far as the Rio del Norte. 142 HISTORY OF THE STATE OE IOWA The province of Louisiana stretched from the Gulf of Mexico to the sources of the Tennessee, the Kanawha, the Allegheny and the Monongahela on the east, and the Missouri and the other great tributaries of the Father of Waters on the west. Says Bancroft, "France had obtained, under Providence, the guardianship of this immense district of country, not, as it proved, for her own benefit, but rather as a trustee for the infant nation by which it was one day to be inherited." By the treaty of Utrecht, France ceded to England her possessions in Hudson's Bay, Newfoundland and Nova Scotia. France still retained Louisiana ; but the province had so far failed to meet the expectations of the crown and the people that a change in the government and policy of the country was deemed indispensable. Accordingly, in 1711, the province was placed in the hands of a Governor General, with headquarters at Mobile. This govern- ment was of brief duration, and in 1712 a charter was granted to Anthony Crozat, a wealthy merchant of Paris, giving him the entire control and mo- nopoly of all the trade and resources of Louisiana. But this scheme also failed. Crozat met with no success in his commercial operations ; every Spanish harbor on the Gulf was closed against his vessels ; the occupation of Louisiana was deemed an encroachment on Spanish territory ; Spain was jealous of the am- bition of France. Failing in his efi'orts to open the ports of the district, Crozat "sought to develop the internal resources of Louisiana, by causing trading posts to be opened, and explorations to be made to its remotest borders. But he actually accomplished nothing for the advancement of the colony. The only prosperity which it ever possessed grew out of the enterprise of humble indi- viduals, who had succeeded in instituting a little barter batwein themselves and the natives, and a petty trade with neighboring European settlements. After a persevering effort of nearly five years, he surrendered his charter in August, 1717." Immediately following the surrender of his charter by Crozat, another and more magnificent scheme was inaugurated.- The national government of France was deeply involved in debt; the colonies were nearly bankrupt, and John Law appeared on the scene with his famous Mississippi Company, as the Louisiana branch of the Bank of France. The charter granted to this company gave it a legal existence of twenty-five years, and conferred upon it more extensive powers and privileges than had been granted to Crozat. It invested the new company with the exclusive privilege of the entire commerce of Louisiana, and of New France, and with authority to enforce their rights. The Company was author- ized to monopolize all the trade in the country ; to make treaties with the Indians ; to declare and prosecute war ; to grant lands, erect forts, open mines of precious metals, levy taxes, nominate civil officers, commission those of the army, and to appoint and remove judges, to cast cannon, and build and equip ships of war. All this was to be done with the paper currency of John Law's Bank of France. He had succeeded in getting His Majesty the French King to adopt and sanction his scheme of financial operations both in France and in the colonies, and probably there never was such a huge financial bubble ever blown by a visionary theorist. Still, such was the condition of France that it was accepted as a national deliverance, and Law became the most powerful man in France. He became' a Catholic, and was appointed Comptroller General of Finance. Among the first operations of the Company was to Send eight hundred emigrants to Louisiana, who arrived at Dauphine Island in 1718. HISTORY OF THE STATE OF IOWA. I43 n,inf" ^^1^' ."^^'"P^ rnu''''°'' ^^"^'^^'^ ^'""^^'^ i'^ I"inois with two hundred miners and artisans The war between France and Spain at this time rendeJed It extremely probable that the Mississippi Valley might become tCtheater of Spanish hostilities against the French settlements ; to prevent this, as well as to extend French claims a chain of forts was begun, to keep open the connection between the mouth and the sources of the Mississippi. Fort Orleans, hSZ / the Mississippi River, was erected as an outpost in 1720 ^ - 1 790 b.fr'''-PP'f ^kTu^^' f the zenith of its power and glory in January, i .1 n ^'^^"*''' ^""^^^^ collapsed more suddenly than it had been inflated ~ and the Company was declared hopelessly bankrupt in May following France was impoverished by it, both private and public credit were overthrown, capi- talists suddenly found themselves paupers, and labor was left without employ- ment, ihe ettect on the colony of Louisiana was disastrous. While this was going on in Lower Louisiana, the region about the lakes was the theater of Indian hostilities, rendering the passage from Canada to Louisiana |xtremely dangerous for many years. The Enghsh had not only extended their Indian trade into the vicinity of the French settlements, but through their friends, the Iroquois, had gained a marked ascendancy over the Foxes, a fierce and powerful tribe, of Iroquois descent, whom they incited to hostilities against the French. The Foxes began their hostilities with the siege of Detroit in 1712, a siege which they continued for nineteen consecutive days, and although the expedition resulted in diminishing their numbers and humbling their pride, yet it was not until after several successive campaigns, embodying the best military resources of New France, had been directed against them, that were finally defeated at the great battles of Butte des Morts, and on the Wisconsin River, and driven west in 1746. The Company, having found that the cost of defending Louisiana exceeded the returns from its commerce, solicited leave to surrender the Mississippi wilderness to the home government. Accordingly, on the 10th of April, 1732, the jurisdiction and control over the commerce reverted to the crown of France. The Company had held possession of Louisiana fourteen years. In 1735, Bien- ville returned to assume command for the King. A glance at a few of the old French settlements will show the progress made in portions of Louisiana during the early part of the eighteenth century. As early as 1705, traders and hunters had -penetrated the fertile regions of the Wabash, and from this region, at that early date, fifteen thousand hides and skins had been collected and sent to Mobile for the European market. In the year 1716, the French population on the Wabash kept up a lucrative commerce with Mobile by means of traders and voyageurs. The Ohio River was comparatively unknown. In 1746, agriculture on the W^abash had attained to greater prosperity than in any of the French settlements besides, and in that year six hundred barrels of flour were manufactured and shipped to New Orleans, together with consider- able quantities of hides, peltry, tallow and beeswax. In the Illinois country, also, considerable settlements had been made, so that, in 1730, they embraced one hundred and forty French families, about six hundred " converted Indians," and many traders and voyageurs. In 1753, the first actual conflict arose between Louisiana and the Atlantic colonies. From the earliest advent of the Jesuit fathers, up to the period of which we speak, the great ambition of the French had been, not alone to preserve their possessions in the West, but by every possible means to prevent the slightest attempt of the English, east of the mountains, to extend their settle- 144 HISTORY OF THE STATE OF IOWA. ments toward the Mississippi. France was resolved on retaining possession of the great territory which her missionaries had discovered and revealed to the world. French commandants had avowed their purpose of seizing every Englishman within the Ohio Valley. The colonies of Pennsylvania, New York and Virginia were most affected by the encroachments of France in the extension of her dominion, and particularly in the great scheme of uniting Canada with Louisiana. To carry out this purpose, the French had taken possession of a tract of country claimed by Vir- ginia, and had commenced a line of forts extending from the lakes to the Ohio River. Virginia was not only alive to her own interests, but attentive to the vast importance of an immediate and effectual resistance on the part of all the English colonies to the actual and contemplated encroachments of the French. In 17C3, Governor Dinwiddie, of Virginia, sent George Washington, then a young man just twenty -one, to demand of the French commandant " a reason for invading British dominions while a solid peace subsisted." Washington met the French commandant, Gardeur de St. Pierre, on the head waters of the Alleghany, and having communicated to him the object of his journey, received the insolent answer that the French would not discuss the matter of right, but would make prisoners of every Englishman found trading on the Ohio and its waters. The country, he said, belonged to the French, by virtue of the dis- coveries of La Salle, and they would not withdraw from it. In January, 1754, Washington returned to Virginia, and made his report to the Governor and Council. Forces were at once raised, and Washington, as Lieutenant Colonel, was dispatched at the head of a hundred and fifty men, to the forks of the Ohio, with orders to "finish the fort already begun there by the OhioCompany, and to make prisoners, kill or destroy all who interrupted the English settlements." On his march through the forests of Western Pennsylvania, Washington, through the aid of friendly Indians, discovered the French concealed among the rocks, and as they ran to seize their arms, ordered his men to fire upon them, at the same time, with his own musket, setting the example. An action lasting about a quarter of an hour ensued ; ten of the Frenchmen were killed, among them Jumonville, the commander of the party, and twenty-one were made pris- oners. The dead were scalped by the Indians, and the chief, bearing a toma- l\awk and a scalp, visited all the tribes of the Miamis, urging them to join the Six Nations and the English against the French. The French, however, were soon re-enforced, and Col. Washington was compelled to return to Fort Necessity. Here, on the 3d day of July, De Villiers invested the fort with 600 French troops and 100 Indians. On the 4th, Washing|-on accepted terms of capitulation, and the English garrison withdrew from the valley of the Ohio. This attack of Washington upon Jumonville aroused the indignation of France, and war was formally declared in May, 1756, and the " French and Indian War" devastated the colonies for several years. Montreal, Detroit and all Canada were surrendered to the English, and on the 10th of February, 1763, by the treaty of Paris — which had been signed, though not formally ratified by the respective governments, on the 3d of November, 1 762 — France relinquished to Great Britian all that portion of the province ofXouisiana lying on the east side of the Mississippi, except the island and town of New Orleans. On the same day that the treaty of Paris was signed, France, by a secret treaty, ceded to Spain all her possessions on the west side of the Mississippi, including the HISTORY OF THE STATE OF IOWA. 145 whole country to the head waters of the Great River, and west to the Rocky .Mountains, and the jurisdiction of France in America, which had lasted nearly a century, was ended. •' At the close of the Revolutionary war, by the treaty of peace between Great Britain and the United States, the English Government ceded to the latter all the territory on the east side of the Mississippi River and north of the thirty- first parallel of north latitude. At the same time. Great Britain ceded to bpain all the iloridas, comprising all the territory east of the Mississippi and south of the southern limits of the. United States. At this time, therefore, the present State of Iowa was a part of the Spanish possessions in North America, as all the territory west of the Mississippi River was under the dominion of Spain. That government also possessed all the territory of the Floridas east of the great river and south of the thirty-first parallel of north latitude. The Mississippi, therefore, so essential to the pros- perity of the western portion of the United States, for the last three hundred miles of its course flowed wholly within the Spanish dominions, and that govern- ment claimed the exclusive right to use and control it below the southern boun- dary of the United States. The free navigation of the Mississippi was a very important question during all the time that Louisiana remained a dependency of the Spanish Crown, and as the final settlement intimately afi"ected the status of the then future State of Iowa, it will be interesting to trace its progress. The people of the United States occupied and^exercised juriMiction over the entire eastern valley of the Mississippi, embracing all the country drained by its eas:ern tributaries ; they had a natural right, according to the accepted in- ternational law, to follow these rivers to the sea, and to the use of the Missis- sippi River accordingly, as the great natural channel of commerce. The river was not only necessary but absolutely indispensable to the prosperity and growth of the western settlements their rapidly rising into commercial and political importance. They were situated in the heart of the great valley, and with wonderfully expansive energies and accumulating resources, it was very evident that no power on earth could deprive them of the free use of the river below them, only while their numbers were insufficient to enable them to maintain their right by force. Inevitably, therefore, immediately after the ratification of the treaty of 1783, the "Weitern people began to demand the free navigation of the Mississippi — not as a f ivor, but as a right. In 1786, both banks of the river, below the mouth of the Ohio, were occupied by Spain, and military posts on the east bank enforced her power to exact heavy duties on all im- ports by way of the river for the Ohio region. Every boat descending the river was forced to land and submit to the arbitrary revenue exactions of the Spanish authorities. Under the administration of Governor Miro, these rigor- ous exactions were somewhat relaxed from 1787 to 1790 ; but Spain held it as her right to make them. Taking advantage of the claim of the American people, that the Mississippi should be opened to them, in 1791, the Spanish Govern-, ment concocted a scheme for the dismembership of the Union. The plan was to induce the Western people to separate from the Eastern States by liberal land grants and extraordinary commercial privileges. Spanish emissaries, among the people of Ohio and Kentucky, informed them that the Spanish Government would grant them favorable commercial privileges,, provided they would secede from the Federal Government east of the mountains. The Spanish Minister to the United States plainly declared to his confidential correspondent that, unless the Western people would declare their independence 146 HISTORY OF THE STATE OF IOWA. md refuse to remain in the Union, Spain was determined never to grant the free navigation of the Mississippi. By the treaty of Madrid, October 20, 1795, however, Spain formally stip- ulated that the Mississippi River, from its source to the Gulf, for its entire width, should be free to American trade and commerce, and that the people of the United States should be permitted, for three years, to use the port of 'New Orleans as a port of deposit for their merchandise and produce, duty free. In November, 1801, the United States Government received, through Rufus King, its Minister at the Court of St. James, a copy of the treaty between Spain md France, signed at Madrid March 21, 1801, by which the cession of Loui- siana to France, iBiade the previous Autumn, was confirmed. The change offered a favorable opportunity to secure the just rights of the United States, in relation to the free navigation of the Mississippi, and ended bhe attempt to dismember the Union by an effort to secure a;n independent government west of the Alleghany Mountains. On the 7th of January, 1803, the American House of Representatives adopted a resolution declaring their •' unalterable determination to maintain the boundaries and the rights of navi- gation and commerce through the River Mississippi, as established by existing treaties." In the same month. President Jefferson nominated and the Senate confirmed Robert R. Livingston and James Monroe as Envoys Plenipotentiary to the Court of France, and Charles Pinckney and James Monroe to the Court of Spain, with plenary powers to negotiate treaties to effect the object enunciated by the popular branch of the National Legislature. These envoys were in- structed to secure, if possible, the cession of Florida and New Orleans, but it Joes not appear that Mr. Jefferson and his Cabinet had any idea of purchasing that part of Louisiana lying on the west side of the Mississippi. In fact, on the 2d of March following, the instructions were sent to our Ministers, contain- ing a plan which expressly left to France "all her territory on the west side of ihe Mississippi." Had these instructions been followed, it might have been that :here would not have been any State of Iowa or any other member of the glori- )us Union of States west of the " Father of Waters." In obedience to his instructions, however, Mr. Livingston broached this alan to M. Talleyrand, Napoleon's JPrime Minister, when that courtly diplo- natist quietly suggested to the American Minister that France might be willing ;o cede the whole French domain in North America to the United States, and isked how much the Federal Government would be willing to give for it. Liv- ngston intimated that twenty millions of francs might be a fair price. Talley- •and thought that not enough, but asked the Americans to "think of it." A 'ew days later. Napoleon, in an interview with Mr. Livingston, in effect informed ;he American Envoy that he had secured Louisiana in a contract with Spain 'or the purpose of turning it over to the United States for a mere nominal sum. He had been compelled to provide for the safety of that province by the treaty, md he was " anxious to give the United States a magnificent bargain for a nere trifle." The price proposed was one hundred and twenty-five million rnncs. This was subsequently modified to fifteen million dollars, and on this )asis a treaty was negotiated, and was signed on the 30th day of April, 1803. This treaty was ratified by the Federal Government, and by act of Congress, ipproved October 31, 1803, the President of the United States was authorized ;o take possession of the territory and provide for it a temporary government. 4.ccordingly, on the 20th day of December following, on behalf of the Presi- lent Gov. Clairborne and Gen. Wilkinson took possession of the Louisiana HISTORY OF THE STATE OF IOWA. 147 purchase, and raised the American flag over the newly acquired domain, at New- Orleans. Spain, although it had by treaty ceded the province to France in 1801, still held quasi possession, and at first objected to the transfer, but with- drew her opposition early in 1804. By this treaty, thus successfully consummated, and the peaceable withdrawal of Spain, the then infant nation of the New World extended its dominion west of the Mississippi to the Pacific Ocean, and north from the Gulf of Mexico to British America. If the original design of Jeff'erson's administration had been accomplished, the United States would have acquired only that portion of the French territory lying east of the Mississippi River, and while the American people would thus have acquired the free navigation of that great river, all of the vast and fertile empire on the west, so rich in its agricultural and inexhaustible mineral resources, would have remained under the dominion of a foreign power. To Napoleon's desire to sell the whole of his North American possessions, and Liv- ingston's act transcending his instructions, which was acquiesced in after it was done, does Iowa owe her position as a part of the United States by the Louisiana purchase. By authority of an act of Congress, approved March 26, 1804, the newly acquired territory was, on the 1st day of October following, divided : that part lying south of the 33d parallel of north latitude was called the Territory of Orleans, and all north of that parallel the District of Louisiana, which was placed under the authority of the officers of Indiana Territory, until July 4, 1805, when it was organized, with territorial government of its own, and so remained until 1812, when the Territory of Orleans became the State of Louisiana, and the name of the Territory of Louisiana was changed to Missouri. On the 4th of July, 1814, that part of Missouri Territory comprising the present State of Arkansas, and the country to the westward, was organized into the Arkansas Territory. On the 2d of March, 1821, the State of Missouri, being a part of the Terri- tory of that name, was admitted to the Union. June 28, 1834, the territory west of the Mississippi River and north of Missouri was made a part of the Territory of Michigan ; but two years later, on the 4th of July, 1836, Wiscon- sin Territory was erected, embracing within its limits the present States of Iowa, Wisconsin and Minnesota. By act of Congress, approved June 12, 1838, the TBRRITOEY OF IOWA was erected, comprising, in addition to the present State, much the larger part of Minnesota, and extending north to the boundary of the British Possessions. THE- OKIGINAL OWNERS. Having traced the early history of the great empire lying west of the Mis- sissippi of which the State of Iowa constitutes a part, from the earliest dis- covery to the organization of the Territory of Iowa, it becomes necessary to give some history of THE INDIANS OF IOWA. According to the policy of the European nations, possession perfected title to any territory. We have seen that the country west of the Mississippi was first discovered by the Spaniards, but afterward, was visited and occupied by the French. It was ceded by France to Spain, and by Spain back to France again. 148 HISTORY OF THE STATE OF IOWA. and then was purchased and occupied by the United States. During all that time, it does not appear to have entered into the heads or hearts of the high contracting parties that the country they bought, sold and gave away was in the possession of a race of men who, although savage, owned the vast domain before Columbus first crossed the Atlantic. Having purchased the territory, the United States found it still in the possession of its original owners, who had never been dispossessed ; and it became necessary to purchase again what had already been bought before, or forcibly eject the occupants; therefore, the his- tory of the Indian nations who occupied Iowa prior to and during its early set- tlement by the whites, becomes an important chapter in the history of the State, that cannot be omitted. For more than one hundred years after Marquette and Joliet trod the virgin soil of Iowa, not a single settlement had , been made or attempted ; not even a trading post had been established. The whole country remained in the undis- puted possession of the native tribes, who roamed at will over her beautiful and fertile prairies, hunted in h'er woods, fished in her streams, and often poured out their life-blood in obstinately contested contests for supremacy. That this State so aptly styled ''The Beautiful Land," had been the theater of numei'ous, fierce and bloody struggles between rival nations, for (possession of the favored region, long before its settlement by civilized man, there is no room for doubt. In these savage wars, the weaker party, whethdr aggressive or defensive, was either exterminated or driven from their ancient hunting grounds. In 1673, when Marquette discovered Iowa, the lUini were a very powerful people, occupying a large portion of the State ; but when the country was again visited by the whites, not a remnant of that once powerful tribe remained on , the west side of the Mississippi, and Iowa was principally in the possession of the Sacs and Foxes, a warlike tribe which, originally two distinct nations, residing in New York and on the waters of the St. Lawrence, had gradually fought their way westward, and united, probably, after the Foxes had been driven out of the Fox River country, in 1846, and crossed the Mississippi. The' death of Pontiac, a famous Sac chieftain, was made the pretext for war against the lUini, and a fierce and bloody struggle ensued, which continued until the Illinois were nearly destroyed and their hunting grounds possessed by their victorious foes. The lowas also occupied a portion of the State for a time, in common with the Sacs, but they, too, were nearly destroyed by the Sacs and Foxes, and, in "The Beautiful Land," these natives met their equally warlike foes, the JSlorthern Sioux, with whom they maintained a constant warfare for the posses- sion of the country for many years. When the United States came in possession of the great valley of the Mis- sissippi, by the Louisiana purchase, the Sacs and Foxes and lowas possessed the entire territory now comprising the State of Iowa. The Sacs and Foxes, also, occupied the most of the State of Illinois. The Sacs had four principal villages, where most of them resided, viz. : Their largest and most important town — if an Indian village may be called such — and from which emanated most of the obstacles and difficulties encoun- tered by the Government in the extinguishment of Indian titles to land in this region, was on Rock River, near Rock Island ; another was on the east bank of the Mississippi, near the mouth of Henderson River ; the third was at ihe head of the Des Moines Rapids, near the present site of Montrose, and the fourth was near the mouth of the Upper Iowa. The Foxes had three principal villages, viz. : One on the west side of the Mississippi, six miles above the rapids of Rock River ; another about twelve HISTORY OP THE STATE OF IOWA. I49 TurkeyTivt! """''' '" '^' ''"' °^ '^' ^"^"^''' ^'^^ '^^''' "^^^ *^^ ^^i'd on The lowas, at one time identified with the Sacs, of Rock River had with drawn from them and become a separate tribe. Their principal vilW w^s on he Des Momes Raver, in Van Buren County, on the site where lowSlTe now v^?" >,. '' the last great battle between the Sacs and Foxes and the lowal of t/rj? 't" ^) ^^^'L^7}' *^^" " y^'^^g '"^'^' commanded one division of the attacking forces. The following account of the battle has been given • Contrary to long estabished custom of Indian attack, this battle was commenced in the dav Wkre ^"«"000 acres of the 50,000 acres reserved for these purposes. Up to 1865 there had been pre- sented by the Company, under the provisions of the act of 1858, and allowed claims amounting to $109,579.37, about severfty-five per cent, of which had been settled. 210 HISTORY OF THE STATE OF IOWA. After the passage of the Act above noticed, the question of the extent of the original grant wfts again mooted, and at the December Term of the Supreme Court of the United States, in 1859-60, a decision was rendered declaring that the grant did not extend above Raccoon Fork, and that all certificates of land above the Fork had been issued without authority of law and were, .therefore, void (see 23 How., 66). The State of Iowa had disposed of a large amount of land without authority, according to this decision, and appeal was made to Congress for relief, which was granted on the 3d day of March, 1861, in a joint resolution relinquishing to the State all the title which the United States then still retained in the tracts of land along the Des Moines River above Raccoon Fork, that had been im- properly certified to the State by the Department of the Interior, and which is now held by bona fide purchasers under the State of Iowa. In confirmation of this relinquishment, by act approved July 12, 1862, Congress enacted : That the grant of lands to the then Territory of Iowa for the improvement of the Des Moines Rifer, made by the act of August 8, 1846, is hereby extended so as to include the alternate sec- tions (designated by odd numbers) lying within five miles of said river, between the Raccoon Fork and the northern boundary of said State ; such lands are to be held and applied in accord- ance with the provisions of the original grant, except that theconsent of Congress is hereby given to the application of a portion thereof to aid in the construction of the Keokuk, Fort Des Moines & Minnesota Railroad, in accordance with the provisions of the act of the General Assembly of the State of Iowa, approved March 22, 1858. And if any of the said lands shall have been sold or otherwise disposed of by the United States before the passage of this act, except those released by the United States to the grantees of the State of Iowa, under joint resolution of March 3, 1861, the Secretary of the Interior is hereby directed to set apart an equal amount of lands within said State to be certified in lieu thereof; Provider!, that if the State shall have sold and conveyed any portion of the lands lying within the limits of the grant the title of which has proved invalid, any lands which shall be certified to said State in lieu thereof by virtue of the provisions of this act, shall inure to and be held as a trust fund for the benefit of the person or persons, respect- ively, whose titles shall have failed as aforesaid. The grant of lands by the above act of Congress was accepted by a joint resolution of the General Assembly, September 11, 1862, in extra session. On the same day, the Go\fernor was authorized to appoint one or more Commis- sioners to select the lands in accordance with the grant. These Commissioners were instructed to report their selections to the Registrar of the State Land OSice. The lands so selected were to be held for the purposes of the grant, and were not to be disposed of until further legislation should be had. D. W. Kil- burne, of Lee County, was appointed Commissioner, and, on the 25th day of April, 1864, the General Land Ofiicer authorized the selection of 300,000 acres from the vacant public lands as a part of the grant of July 12, 1862, and the selections were made in the Fort Dodge and Sioux City Land Districts. Many difiiculties, controversies and conflicts, in relation to claims and titles, grew out of this grant, and these difficulties were enhanced by the uncertainty of its limits until the act of Congress of July, 1862. But the General Assem- bly sought, by wise and appropriate legislation, to protect the integrity of titles derived from the State. Especially was the determination to protect the actual settlers, who had paid their money and made improvements prior to the final settlement of the limits of the grant by Congress. VII. — THE DES MOINES RIVER SCHOOL LANDS. These lands constituted a part of the 500,000 acre grant made by Congress in 1841 ; including 28,378.46 acres in Webster County, selected by the Agent of the State under that grant, ant! approved by the Commissioner of the General Land Office February 20, 1851. They were ordered into the market June 6, HISTORY OF THE STATE OF IOWA. 211 1853, by the Superintendent of Public Instruction, who authorized John Tol- man, School Fund Commissioner for Webster County, to sell them as school lands. Subsequently, when the act of 1846 was construed to extend the Des Moines River grant above Raccoon Fork, it was held that the odd numbered sections of these lands within five miles of the river were appropriated by that act, and on the 30th day of December, 1853, 12,813.51 acres were set apart and approved to the State by the Secretary of the Interior, as a part of the Des Moines River grant. January 6, 1854, the Commissioner of the General Land Office transmitted to the Superintendent of Public Instruction a certified copy of the lists of these lands, indorsed by the Secretary of the Interior. Prior to this action of the Department, however, Mr. Tolman had sold to indi- vidual purchasers 3,194.28 acres as school lands, and their titles were, of course, killed. For their relief, an act, approved April 2, 1860, provided that, upon application and proper showing, these purchasers should be entitled to draw from the State Treasury the amount they had paid, with 10 per cent, interest, on the contract to purchase made with Mr. Tolman. Under this act, five appli- cations were made prior to 1864, and the applicants received, in the asgreffate. $949.53. ^S S , By an act approved April 7, 1862, the Governor was forbidden to issue to the Dubuque & Sioux City Railroad Company any certificate of the completion of any part of said road, or any conveyance of lands, until the company should execute and file, in the State Land Office, a release of its claim — first, to cer- tain swamp lands ; second, to the Des Moines River Lands sold by Tolman ; third, to certain other river lands. That act provided that " the said company shall transfer their interest in those tracts of land in Webster and Hamilton Counties heretofore sold by John Tolman, School Fund Commissioner, to the Register of the State Land Office in trust, to enable said Register to carry out and perform said contracts in all cases when he is called upon by the parties interested to do so, before the 1st day of January, A. D. 1864. The company filed its release to the Tolman lands, in the Land Office, Feb- ruary 27, 1864, at the same time entered its protest that it had no claim upon them, never had pretended to have, and had never sought to claim them. The Register of the State Land Office, under the advice of the Attorney General, decided that patents would be issued to the Tolman purchasers in all cases where contracts had been made prior to December 23, 1853, and remaining uncanceled under the act of 1860. But before any were issued, on the 27th of August, 1864, the Des Moines Navigation & Railroad Company commenced a suit in chancery, in the District Court of Polk County, to enjoin the issue of such patents. On the 30th of August, an ex parte injunction was issued. In January, 1868, Mr. J. A. Harvey, Register of the Land Office, filed in the court an elaborate answer to plaintiffs' petition, denying that the company had any right to or title in the lands. Mr. Harvey's successor, Mr. C. C. Carpen- ter, filed a still more exhaustive answer February 10, 1868. August 3, 1868, the District Court dissolved the injunction. The company appealed to the Supreme Court, where the decision of the lower court was affirmed in December, 1869. VIII. — SWAMP LAND GRANT. By an act of Congress, approved March 28, 1850, to enable Arkansas and other States to reclaim swampy lands within their limits, granted all the swamp and overflowed lands remaining unsold within their respective limits to the several States. Although the total amount claimed by Iowa under this act 212 HISTORY OF THE STATE OF IOWA. does not exceed 4,000,000 acres, it has, like the Des Moines River and some of the land grants, cost the State considerable trouble and expense, and required a deal of legislation. The State expended large sums of money in making the selections, securing proofs, etc., but the General Government appeared to be laboring under the impression that Iowa was not acting in good faith ; that she had selected a large amount of lands under the swamp land grant, transferred her interest to counties, and counties to private speculators, and the General Land Office permitted contests as to the character of the lands already selected by the Agents of the State as "swamp lands." Congress, by joint resolution Dec. 18, 1856, and by act March 3, 1857, saved the State from the fatal result of this ruinous policy. Many of these lands were selected in 1854 and 1855, immediately after several remarkably wet seasons, and it was but natural that some portions of the selections would not appear swampy after a few dry seasons. Some time after these first selections were made, persons desired to enter parcels of the so-called swamp lands and offering to prove them to be dry. In such cases the General Land Office ordered hearing before the local land officers, and if they decided the land to be dry, it was permitted to be entered and the claim of the State rejected. Speculators took advantage of this. Affidavits were bought of irresponsible and reckless men, who, for a few dollars, would confidently testify to the character of lands they never saw. These applica- tions multiplied until they covered 3,000,000 acres. It was necessary that Congress should confirm all these selections to the State, Jhat this gigantic scheme of fraud and plunder might be stopped. The act of Congress of March 8, 1857, was designed to accomplish this purpose. But the Commis- sioner of the General Land Office held that it wag only a qualified confirma- tion, and under this construction sought to sustain the action of the Department in rejecting the claim of the State, and certifying them under act of May 15, 1856, under which the railroad companies claimed all swamp land in odd num- bered sections within the limits of their respective roads. This action led to serious complications. When the railroad grant was made, it was not intended nor was it understood that it included any of the swamp lands. These were already disposed of by previous grant. Nor did the companies expect to receive any of them, but under the decisions of the Department adverse to the State the way was opened, and they were not slow to enter their claims. March 4, 1862, the Attorney General of the State submitted to the General Assembly an opinion that the railroad companies were not entitled even to contest the right of the State to these lands, under the swamp land grant. A letter from the Acting Commissioner of the General Land Office expressed the same opinion, and the General Assembly by joint resolution, approved April 7, 1862, expressly repudiated the acts of the railroad companies, and disclaimed any intention to claim these lands under any other than the act of Congress of Sept. 28, 1850. A great deal of legislation has been found necessary in rela- tion to these swamp lands. IX. — THE EAILROAD GRANT. One of the most important grants of public lands to Iowa for purposes of internal improvement was that known as the "Railroad Grant," by act of Congress approved May 15, 1856. This act granted to the State of Iowa, for the purpose of aiding in the construction of railroads from Burlington, on the Mississippi River, to a point on the Missouri River, near the mouth of Platte River ; from the city of Davenport, via Iowa City and Fort Des Moines to. HISTORY OF THE STATE OF IOWA. 213 Council Bluffs ; from Lyons City northwesterly to a point of intersection with the main line of the Iowa Central Air Line Railroad, near Maquoketa ; thence on said main line, running as near as practicable to the Forty-second Parallel ; across the said State of Iowa to the Missouri River ; from the city of Dubuque to a point on the Missouri River, near Sioux City, with a branch from the mouth of the Tete des Morts, to the nearest point on said road, to be com- pleted as soon as the main road is completed to that point, every alternate section of land, designated by odd numbers, for six sections in width on each side of said roads. It was also provided that if it should appear, when the lines of those roads were, definitely fixed, that the United States had sold, or right of pre- emption had attached to any portion of said land, the State was authorized to select a quantity equal thereto, in alternate sections, or parts of sections, within fifteen miles of the lines so located. The lands remaining to the United States within six miles on each side of said roads were not to be sold for less than the double minimum price of the public lands when sold, nor were any of said lands to become subject to private entry until they had been first offered at public sale at the increased price. Section 4 of the act provided that the lands granted to said State shall be disposed of by said State only in the manner following, that is to say: that a quantity of land not exceeding one hundred and twenty sections for each of said roads, and included within a continuous length of twenty miles of each of said roads, may be sold ; and when the Governor of said State shall certify to the Secretary of the Interior that any twenty continuous miles of any of said roads is completed, then another quantity of land hereby granted, not to exceed one hundred and twenty sections for each of said roads having twenty continuous miles completed as aforesaid, and included within a continuous length of twenty miles of each of such roads, may be sold ; and so from time to time until said roads are completed, and if any of said roads are not completed within ten years, no further sale shall be made, and the lands unsold shall revert to the United States." At a special session of the General Assembly of Iowa, by act approved July 14, 1856, the grant was accepted and the lands were granted by the State to the several railroad companies named, provided that the lines of their respective roads should be definitely fixed and located before April 1, 1857 ; and pro- vided further, that if either of said companies should fail to have seventy-five miles of road completed and equipped by the 1st day of December, ] 859, and its entire road completed by December 1, 1865, it should be competent for the State of Iowa to resume all rights to lands remaining undisposed of by the company so failing. The railroad companies, with the single exception of the Iowa Central Air Line, accepted the several grants in accordance with the provisions of the above act, located their respective roads and selected their lands. The grant to the Iowa Central was again granted to the Cedar Rapids & Missouri River Railroad Company, which accepted them. By act, approved April 7, 1862, the Dubuque & Sioux City Railroad Com- pany was required to execute a release to the State of certain swamp and school lands, included within the limits of its grant, in compensation for an extension of the time fixed for the completion of its road. . A careful examination of the act of Congress does not reveal any special reference to railroad eompanies. The lands were granted to the State, and the act evidently contemplate the sale of them Jy the State, and the appropriation of the proceeds to aid in the construction of certain lines of railroad within its 214 HISTORY OP THE STATE OF IOWA. limits. Section 4 of the act clearly defines the authority of the State in dis- posing of the lands. Lists of all the lands embraced by the grant were made, and certified to the State by the proper authorities. Under an act of Congress approved August 3, 1854, entitled '^An act to vest in the several States and Territories the title in fee of the lands which have been or may he certified to them" these certified lists, the originals of which are filed in the General Land Office, conveyed to the State "the fee simple title to all the lands embraced in such lists that are of the char- acter contemplated " by the terms of the act making the grant, and "intended to be granted thereby ; but where lands embraced in such lists are not of the character embraced by such act of Congress, and were not intended to be granted thereby, said lists, so far as these lands are concerned, shall be perfectly null and void; and no right, title, claim or interest shall be conveyed thereby." Those certified lists made under the act of May 15, 1856, were forty-three in number, viz.: For the Burlington & Missouri River Railroad, nine; for the Mississippi & Missouri Railroad, 11 ; for the Iowa Central Air Line, thirteen ; and for the Dubuque & Sioux City Railroad, ten. The lands thus approved to the State were as follows : Burlington & Missouri River R. R 287,095.34 acres. Mississippi & Missouri River R. R 774,674.36 " Cedar Rapids & Missouri River R. R 775,454.19 " Dubuque & Sioux City R. E , 1,226,558.32 " A portion of these had been selected as swamp lands by the State, under the act of September 28, 1850, and these, by the terms of the act of August 3, 1854, could not be turned over to the railroads unless the claim of the State to them as swamp was first rejected. It was not possible to determine from the records of the State Land Ofilce the extent of the conflicting claims arising under' the two grants, as copies of the swamp land selections in some of the counties were not filed of record. The Commissioner of the General Land Office, however, prepared lists of the lands claimed by the State as swamp under act of September 28, 1860, and also claimed by the railroad companies under act of May 15, 1856, amounting to 553,293.33 acres, the claim to which as swamp had been rejected by the Department. These were consequently certified to the State as railroad lands. There was no mode other than the act of July, 1866, prescribed for transferring the title to these lands from the State to the companies. The courts had decided that, for the purposes of the grant, the lands belonged to the State, and to her the companies should look for their titles. It was generally accepted that the act of the Legislature of July, 1856, was all that was neces- sary to complete the transfer of title. It was assumed that all the rights arid powers conferred upon the State by the act of Congress of May 14, 1866, were by the act of the General Assembly transferred to the companies ; in other words, that it was designed to put the companies in the place of the State as the grantees from Congress — and, therefore, that which perfected the title thereto to the State perfected the title to the companies by virtue of the act of July, 1856. One of the companies, however, the Burlington & Missouri River Rail- road Company, was not entirely satisfied with this construction. Its managers thought that some further and specific action of the State authorities in addition to the act of the Legislature was necessary to complete their title. This induced Gov. Lowe to attach to the certified lists his official certificate, under the broad seal of the State. On the 9th of November, 1859, the Governor thus certified to them (commencing at the Missouri River) 187,207.44 acres, and December 27th, 43,775.70 acres, an aggregate of 231,073.14 acres. These were the only HISTORY OF THE STATE OF IOWA. 215 lands under the grant that were certified by the State authorities with any design of perfecting the title already vested in the company by the act of July, 1856. The lists which were afterward furnished to the company were simply certified by the Governor as being correct copies of the lists received by the State from the United States General Land Office. These subsequent lists embraced lands that had been claimed by the State under the Swamp Land Grant. It was urged against the claim of the Companies that the effect of the act of the Legislature was simply to substitute them for the State as parties to the grant. 1st. That the lands were granted to the State to be held in trust for the accomplishment of a specific purpose, and therefore the State could not part with the title until that purpose should have been accomplished. 2d. That it was not the intention of the act of July 14, 1856, to deprive the State of the con- trol of the lands, but on the contrary that she should retain supervision of them and the right to withdraw all rights and powers and resume the title condition- ally conferred by that act upon the companies in the event of their failure to complete their part of the contract. 3d. That the certified lists from the Gen- eral Land Office vested the title in the State only by virtue of the act of Con- gress approved August 3, 1854. The State Land Office held that the proper construction of the act of July 14, 1856, when accepted by the companies, was that it became a conditional contract that might ri;pen into a positive sale of the lands as from time to time the work should progress, and as the State thereby became authorized by the express terms of the grant to sell them. This appears to have been the correct construction of the act, but by a sub- sequent act of Congress, approved June 2, 1864, amending the act of 1856, the terms of the grant were changed, and numerous controversies arose between the companies and the State. The ostensible purpose of this additional act was to allow the Davenport & Council Bluffs Railroad "to modify or change the location of the uncompleted portion of its line," to run through the town of Newton, Jasper County, or as nearly as practicable to that point. The original grant had been made to the State to aid in the construction of railroads within its limits and not to the com- panies, but Congress, in 1864, appears to have been utterly ignorant of what had been done under the act of 1856, or, if not, to have utterly disregarded it. The State had accepted the original grant. The Secretary of the Interior had already certified to the State all the lands intended to be included in the grant within fifteen miles of the lines of the several railroads. It will be remembered that Section 4, of the act of May 15, 1856, specifies the manner of sale of these lands from time to time as work on the railroads should progress, and also provided that "if anj of said roads are not completed within ten years, no fur- ther sale shall be made, and the lands unsold shall revert to the United States." Having vested the title to these lands in trust, in the State of Iowa, it is plain that until the expiration of the ten years there could be no reversion, and the State, not the United States, must control them until the grant should expire by limitation. The United States authorities could not rightfully require the Secretary of the Interior to certify directly to the companies any portion of the lands already certified to the Sti^te. And yet Congress, by its act of June 2, 1864, provided that whenever the Davenport & Council Bluffs Railroad Com- pany should file in the General Land Office at Washington a map definitely showing such new location, the Secretary of the Interior should cause to be cer- tified and conveyed to said Company, from time to time, as the road progressed, out of any of the lands belonging to the United States, not sold, reserved, or 216 HISTORY OF THE STATE OF IOWA. otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached, and on which a bona fide settlement and improvement had not been made under color of title derived from the United States or from the State of Iowa, within six miles of such newly located line, an amount of land per mile equal to that originally authorized to be granted to aid in the construction of said road by the act to which this was an amendment. The term " out of any lands belonging to the United States, not sold, re- served or otherwise disposed of, etc.," would seem to indicate that Congress did intend to grant lands already granted, but when it declared that the Company should have an amount per mile equal to that originally authorized to be granted, it is plain that the framers of the bill were ignorant of the real terms of the original grant, or that they designed that the United States should resume the title it had already parted with two years before the lands could revert to the United States under the original act, which was not repealed. A similar change was made in relation to the Cedar Rapids & Missouri Railroad, and dictated the conveyance of lands in a similar manner. Like provision was made for the Dubuque & Sioux City Railroad, and the Company was permitted to change the location of its line between Fort Dodge and Sioux City, so as to secure the best route between those points ; but this change of location was not to impair the right to the land granted in the orig- inal act, nor did it change the location of those lands. By the same act, the Mississippi & Missouri Railroad Company was author- ized to transfer and assign all or any part of the grant to any other company or person, " if, in the opinion of said Company, the construction of said railroad across the State of Iowa would be thereby sooner and more satisfactorily com- pleted ; but such assignee should not in any case be released from the liabilities and conditions accompanying this grant, nor acquire perfect title in any ot^er manner than the same would have been acquired by the original grantee." Still further, the Burlington & Missouri River Railroad was not forgotten, and was, by the same act, empowered to receive an amount of land per mile equal to that mentioned in the original act, and if that could not be found within the limits of six miles from the line of said road, then such selection might be made along such line within twenty miles thereof out of any public lands belonging to the United States, not sold, reserved ■ or otherwise disposed of, or to which a pre-emption claim or right of homestead had not attached. Those acts of Congress, which evidently originated in the "lobby," occa- sioned much controversy and trouble. The Department of the Interior, how- ever, recognizing the fact that when the Secretary had certified the lands to the State, under the act of 18.56, that act divested the United States of title, under the vesting act of August, 1854, refused to review its action, and also refused to order any and all investigations for establishing adverse claims (except in pre-emption cases), on the ground that the United States had parted with the title, and, therefore, could exercise n,o control over the land. May 12, 1864, before the passage of the amendatory act above described, Congress granted to the State of Iowa, to aid in the construction of a railroad from McGregor to Sioux City, and for the benefit of the McGregor Western Railroad Company, every alternate section of land, designated by odd numbers, for ten sections in width on each side of the proposed road, reserving the right to substitute other lands whenever it was found that the grant infringed upon pre-empted lands, or on lands that had been reserved or disposed of for any other purpose. In such cases, the Secretary of the Interior was instructed to select, in lieu, lands belonging to the United States lying nearest to the limits specified. HISTORY OK THE STATE OF IOWA. 217 X. — AGRICULTURAL COLLEGE AND FARM LANDS. An Agricultural College and Model Farm was established by aot of the General Assembly, approved March 22, 1858. By the eleventh section of the act, the proceeds of the five-section grant made for the purpose of aiding in the erection of public buildings was appropriated, subject to the approval of Con- gress, together with all lands that Congress might thereafter grant to the State for the purpose, for the benefit of the institution. On the 23d of March, by joint resolution, the Legislature asked the consent of Congress to the proposed transfer. By act approved July 11, 1862, Congress removed the restrictions imposed in the "five-section grant," and authorized the General Assembly to make such disposition of the lands as should be deemed best for the interests of the State. By these several acts, the five sections of land in Jasper County certified to the State to aid in the erection of public buildings under the act of March 3, 1845, entitled " An act supplemental to the act for the admission of the States of Iowa and Florida into the Union," were fully appropriated for the benefit of the Iowa Agricultural College and Farm. The institution is located in Story County. Seven hundred and twenty-one acres in that and two hundred in Boone County were donated to it by individuals interested in the success of the enterprise. By act of Congress approved July 2, 1862, an appropriation was made to each State and Territory of 30,000 acres for each Senator and Representative in Congress, to which, by the apportionment under the census of 1860, they were respectively entitled. This grant was made for the purpose of endowing colleges of agriculture and mechanic arts. Iowa accepted this grant by an act passed at an extra session of its Legis- lature, approved September 11, 1862, entitled "An act to accept of the grant, and carry into execution the trust conferred upon the State of Iowa by an act of Congress entitled ' An act granting public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved July 2, 1862." This act made it the duty of the Governor to appoint an agent to select and locate the lands, and provided that none should be selected that were claimed by any county as swamp lands. The aTqmcOCOr-.i-l!N •;CnBinapi30Y | ■ : ! I : : Tji CO CO t-f ir3 •IBJOi r-l W IC CO iH 1—1 CO »0 I ^ lO ^ ** -nn 9snB3 XijIiq'Bsjp joj rH : . CD r-( r-l C^ f-H . 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"^ DO I•^ .S F^ 0) 0} ■ *-c flj _rt cd 'go m *V a hai3 g| O Cm ;S pa Hizi a a d a a V ffi V fl) S? ^ & & ^ & EHHHHEH d a a a V O 9 a i ■££S:S=2<2<2 from any state, the Executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their Speaker and other ofiicers, and shall have the sole power of impeachment. Sec. 3. The Senate of the United States shall be composed of two Senators from each state, chosen by the Legislature thereof for six years ; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expira- AND ITS AMEKDMENTS. 251 tion of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any state, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years and been ninfe years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The Vice-President of the United States shall be President of th Senate, but shall have no vote unless they be equally divided. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation. When the President of the United States is tried the Chief Justice shall preside. And no person shall be convicted without the, concurrence of two-thirds of the members present. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to. hold and enjoy any office of honor, trust, or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law. Sec. 4. The times, places and manner of holding elections for Sen- ators and Representatives shall be prescribed in each state by the Legis- lature thereof ; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. ■ Sec. 5. Each house shall be the judge of the election, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 6. The Senators and Representatives shall receive a compen- sation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, 262 CONSTITUTION OF THE UNITED STATES felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United Sta.tes, which shall have been created, or the emoluments whereof shall have been increased during such time ; and* no person holding any office under the United States, shall be a member of either house during his continuance in office. Sec. 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President the United States ; if he approve he shall sign it ; but if not he shall return it, with his objections, to that house in which it shall have origi- nated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objec- tions, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted), after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States, and before the same shall take effect shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and lim- itations prescribed in the case of a bill. Sec. 8. The Congress shall have power — To lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defense and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States ; To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several Str.tes, and with the Indian tribes ; To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States ; To coin money, regulate the valae thereof, and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and current coin of the United States ; To establish post offices and post roads ; AND ITS AMENDMENTS. 253 To promote the progress of sciences and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries ; To constitute tribunals inferior to the Supreme Court ; To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations ; To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; To raise and support armies, but no appropriation of money to that use shall be for n longer term than two years ; To provide and maintain a navy ; To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions ; To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the disci-> pline prescribed by Congress j To exercise legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings ; and To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any depart- ment or officer thereof, Sec. 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or rev enue to the ports of one state over those of another ; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. No money shall be drawn from the Treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expeditures of all public money shall be published from time to time. 254 CONSTITUTION OP THE UNITED STATES No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. Sec. 10. No state shall enter into any treaty, alliance, or confeder- ation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any state on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships^of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Article II. Section 1. The Executive power shall be vested.in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected as follows : Each state shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives to which the state may be entitled in the Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector. [ * The Electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. The Pres- ident of the Senate shall, in the presence of the Senate and House of Rep- resentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no person have a ma- jority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the vote shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, • This clause between brackets has been superseded and annulled by the Twelfth amendmflnt AND ITS AMENDMENTS. 255 the person having the greatest number of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-Presi- dent.] The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the offlce of President ; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inabil- ity, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the dis- ability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a com- pensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States or any of them. Before he enters on the execution of his office, he shall take the fol- lowing oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Sec. 2. The President shall be commander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardon for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present con- cur; and he shall nominate, and by and with the advice of the Senate, shall appoint ambassaaors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that inay happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. Sec. 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such mea- sures as he shall judge necessary and expedient ; he may on extraordinary 256 CONSTITUTION OP THE UNITED STATES occasions convene both houses, or either of them, and in case of disagree- ment between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Sec. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and con viction of, treason, bribery, or other high crimes and misdemeanors. Article III. Section I. The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Sec. 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers, and consuls ; to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more states ; between a state and citizens of another state ; between citizens of differ- ent states ; between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens, or subjects. In all cases affecting ambassadors, other public ministers, and consuls^ and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Sec. 3. _ Treason against the United States shall consist only in levy- ing war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the tes- timony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. Article IV. Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And AND ITS AMENDMENTS. 257 the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Sec. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shaU, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdicl'.on of the crime. No person held to ser%'ice or labor in one state, under the laws thereof escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due. Sec. 3. New states may be admitted by the Congress into this Union ; but no new ^tate shall be formed or erected within the jurisdiction of any other state ; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the Legislatures of the states concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular state. Sec. 4. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Execu- tive (when the Legislature can not be convened), against domestic vio- lence. Aeticle V. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the ap- plication of the Legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes as part of this Constitution, when rati- fied by the Legislatures of three fourths of the several states, or by con- ventions in three-fourths thereof, as the one or the other mode of ratifi- cation may be proposed by the Congress. Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. Article VI. All debts contracted and engagements entered into before the adop- tion of this Constitution shall be as valid against the United States under this Constitution as under the Confederation. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the Judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding. The Senators and Representatives before mentioned, and the mem- 258 CONSTITUTION OF THE UNITED STATES bers of the several state Legislatures, and all executive and judicial offi- cers, both of the United States and of the several states, shall be bound by oath or affirmation to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Article VII. The ratification of the Conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same. Done in convention by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEO. WASHINGTON, President and Deputy from Virginia. New Hampshire. John Langdon, Nicholas Gilman. Massachusetts. Nathaniel Goeham, RuFus King. Connecticut. Wm. Sam'l Johnson, Roger Sherman. New York. Alexander Hamilton. New Jersey. WiL. Livingston, Wm. Paterson, David Brearley, JoNA. Dayton. Pennsylvania. B. Franklin, RoBT. Morris, Thos. Fitzsimons, James Wilson, Thos. Mifflin, Geo. Clymbr, Jared Ingersoll, Gouv. Morris. Delaware. Geo. Read, John Dickinson, Jaco. Broom, Gunning Bedford, Jr., Richard Bassett. Maryland. James M' Henry, Danl. Carroll, Dan. of St. Thos. Jenifer. Virginia. John Blair, James Madison, Jr. North Carolina. Wm. Blount, Hu. Williamson, Rich'd Dobbs Spaight. South Carolina. J. Rutledgb, Charles Pinckney, Chas. Cotesworth Pinckney, Pierce Butler. Greorgia. William Few, Abr. Baldwin. WILLIAM JACKSON, Secretary. AND ITS AMENDMENTS. £59 Articles in Addition to and Amendatory op the Constitution OP the United States op America. Proposed hy Congress and ratified by the Legislatures of the several states, pursuant to the ffth article of the original Constitution. Article I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Article II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. Article III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be pre- scribed by law. Article IV. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be vio- lated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Article V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. Article VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defense. Article VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fa,ot 260 CONSTITUTION OF THE UNITED STATES tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Article VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Akticlb IX. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. AuriCLE X. The poWers not delegated to the United States by the Constitutipn, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Article XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another state, or by citizens or sub- jects of any foreign state. Article XII. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person to be voted for as president, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the- greatest number of votes for President shall be the President, if such number be a majority of the whole number of Electors appointed ; and if no person have such majority, then from the persons having the highest number not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two- thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a Presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice- President, shall be the Vice-President, if such number be the majority of the whole number of electors appointed, and if no person have a major- AND ITS AMENDMENTS. 263 ity, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Article XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their juris- diction. Sec. 2. Congress shall have power to enforce this article by appro- priate legislation. Article XIV. Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be appointed among the several states according to their respective numbers, counting the whole number of per- sons in each state, excluding Indians not taxed ; but when the right to vote at any election for the choice of Electors for President and Vice- President of the United States, Representatives in Congress, the execu- tive and judicial officers of a state, or ' the members of the Legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age and citizens of the United States, or in any way abridged except for participation in rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the num- ber of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. Sec. 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any state, who, having previ- ously taken an oath as a Member of Congress, or as an officer of the United States, or as a member of any state Legislature, or as an execu- tive or judicial officer of any state to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each house, remove such disability. Sec. 4. The validity of the public debt of the United States author- ized by law, including debts incurred for payment of pensions and boun- ties for services in suppressing insurrection or rebellion, shall not be ques- tioned. But neither the United States nor any state shall pay any debt or obligation incurred in the aid of insurrection or rebellion against the United States, or any loss or emancipation of any slave, but such debts, obligations, and claims shall be held illegal and void. 264 CONSTITUTION OS THE UNITED STATES. Article XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State,, on account of race, color, or previous condition of servitude. VOTE FOR GOVERNOR, 1877, AND PRESIDENT, 1876. Counties. 1877. Governor. 1876. President. Counties. 1877. Governor. 1876. President. Eep. Dem. Gr. Pro. Rep. Dem. Eep. Dem. Gr. Pro. Eep. Dem. Adair 982 876 1547 1165 410 1432 1780 1612 1180 1290 747 1453 418 633 1692 1315 903 662 1279 1064 517 1873 2444 893 1641 893 1269 1226 2316 197 1687 213 1933 1233 1311 1260 1031 909 1160 842 340 1492 1348 1770 661 382 321 1132 1619 1977 1S96 161 397 1640 1049 352 712 nil 981 582 769 192 768 76 744 839 1093 348 74 1107 267 16 1770 2327 661 215 1231 961 1143 1384 8 3415 28 1067 208 336 1331 216 504 496 266 96 661 86 i 424 647 149 64 1120 1966 1154 763 581 485 69 729 26 667 96 406 196 726 161 19 171 141 116 206 72 383 37 813 20 66 286 19 1241 803 310 32 767 15 38 36 32 1334 1370 1709 1711 427 2901 2979 2018 1737 2227 770 1828 622 799 1876 2328 1274 864 1574 1405 667 2662 3654 1043 2136 1586 1647 2238 3325 259 2798 246 3029 2032 1178 1658 1310 1099 1434 1187 281 2152 1567 2809 1194 523 212 1870 2126 33.75 2166 693 626 1646 1419 .352 1366 1692 1305 767 1416 200 780 196 771 979 1446 448 176 1090 816 94 2621 3398 638 762 1631 1282 1466 2917 '48 4977 36 1709 751 379 1682 610 417 629 425 99 980 1386 1486 600 183 67 1348 2485 1804 1449 Johnson 1884 1868 1772 463 2157 2624 1S28 1203 261 1792 1823 1976 1448 1436 1396 580 1034 1122 1763 306 296 1106 311 779 370 3171 2223 1496 964 656 3031 888 436 1260 1426 1325 899 1490 1710 1726 1687 1316 850 644 2074 1109 628 391 2345 1218 1526 . 236 28C3 2316 817 804 17 1077 10S6 1866 837 1102 469 119 928 441 1775 21 40 508 367 487 93 1886 2069 882 71 128 1963 639 132 344 833 293 516 1305 1029 944 1221 832 127 40 1009 867 132 106 18 14 322 13 360 76 89 103 9 616 1011 760 389 98 36 432 247 632 171 201 13 348 273 63 106 89 299 665 108 12 14 66 696 95 504 23 36 9 20 47 387 14 33 203 3 39 36 94 121 346 47 13 37 16 2345 2691 2364 638 3160 4331 1920 1478 262 2246 3221 2736 3056 1452 1663 713 1418 1749 2523 463 329 2243 343 836 374 4321 2566 2509 1246 661 3819 897 439 1843 2337 1727 1238 2113 3663 1763 Allamakee Appanoose 1862 227 Lee 3682 449 244 10 1 223 20 95 74 11 30 446 40 86 94 19 67 107 66 111 80 12 19 626 6 12 53 2917 Black Hawk 1008 1044 ■D " Lyon 46 1538 Buena Vista 1701 2304 Marshall 1189 Mills 1165 Mitchell 671 Cedar 304 Cerro Gordo'. 1246 Montgomery 759 Chickasaw 2075 116 Clay Osceola 59 Page 861 riintnn Palo Alto 333 77 44 1363 218 420 671 177 309 3 49 644 196 868 830 301 1265 742 303 404 1421 502 Dallas Pocahontas Polk 141 2382 Pottawattamie.... 2414 1083 Dea Moines 422 166 406 2853 Sh^'lby 631 Fayette 889 162 16 334 561 27 30 10 220 Story 187 133 579 1317 676 27 8 21 67 2 164 19 140 619 64 63 130 296 101 112 3 47 796 1661 Guthrie 364 422 29 238 623 1041 201 115 104 642 224 1018 676 Wapello 2682' 2412 2439 2467 1692 1299 498 2759 1034 703 674 1315 Washington 1508 1341 Webster 987 39 Winneshiek 279 226 8 117 238 9 14 98 1617 997 Ida Worth 149 228 15 268 1(19 Wright 184 Totals 121646 42193 79353 3422f 10G39 1713 ■■; 59211 112121 Jefferson Majorities Total vote, 1877, 245,766 , 1876 (including3949 Greenback), 292,943. VOTE FOR CONGRESSMEN, 1876. District. Eep. Dem. E. Maj. Total. Maj. '74. District. Rep. Dem. E. Maj. Total. Maj. '74. I 17188 16439 17423 20770 19274 18778 14814 14683 16100 9379 11154 14719 2374 1766 1323 11391 8120 4069 32002 31122 33523 30149 30428 33497 D. 1863 E. 657 D. 63 R. 3824 R. 6243 R. 2724 VII 19406 19368 19563 11688 16236 10683 7808 4122 8980 31184 34694 30146 R. 2300 E. 2127 E. 5849 II VIII Ill IX IV V 168289 118356 49933 *292H1 VI Total vote, 1874, 184,640 ; aggregate Eepublican majority, 24,624. *IncludinK 6,406 Greenback votes. Practical Rules for Every Day Use. How to find the gain or loss per cent, when the cost and selling price are given. Rule. — Find the difference between the cost and selling price, which wi!l be the gain or loss. Annex two ciphers to the gain or loss, and divide it by the cost price ; the result will be the gain or loss per cent. ffow to change gold into currency. Rule. — Multiply the given sum of gold by the price of gold. How to change currency into gold. Divide the amount in currency by the price of gold. How to find each partner's share of the gain or loss in a copartnership business. Rule. — Divide the whole gain or loss by the entire stock, the quo- tient will be the gain or loss per cent. Multiply each partner's stock by this per cent., the result will be each one's share of the gain or loss. How to find gross and net weight and price of hogs. A short and simple method for finding the net weighty or price of hogs, when the gross weight or price is given, and vice versa. NOTE.— It is generally assumed that the gross weight of Hogs diminished by 1-5 or 80 per cent, ot itself gives the net weight, and the net weight increased by K or 25 per cent, of itself equals the gross weight. To find the net weight or gross price. Multiply the given number by .8 (tenths.) To find the gross weight or net price. Divide the given number by .8 (tenths.) How to find the capacity of a granary, bin, or wagon-bed. Rule.— Multiply (by short method)' the number of cubic feet by 6308, and point off one decimal place— the result will be the correct nswer in bushels and tenths of a bushel. For only an approximate answer, multiply the cubic feet by 8, and point off one decimal place. How to find the contents of a corn-crib. Rule.— Multiply the number of cubic feet by 54, short method, or ' (265) 266 MrSCELLANEOUS INFORMATION. by Ai ordinary method, and point off one decimal place — the result wil] be the answer in bushels. Note.— In estimating corn in the ear, the quality and the time it has been cribbed must be taken Into consideration, since corn will shrink considerably during the Winter and Spring. This rule generally holds good for corn measured at the time it is cribbed, provided it is sound and clean. Sow to find the contents of a cistern or tank. Rule. — Multiply the square of the mean diameter by the depth (all in feet) and this product by 5681 (short method), and point off one decimal place — ^the result will be the contents in barrels of 31i gallons. Sow to find the contents of a barrel or cask. Rule. — Under the square of the mean diameter, write the length (all in inches) in bevee£3D order, so that its units will fall under the TENS ; multiply by short method, and this product again by 430 ; point off one decimal place, and the result will be the answer in wine gallons. Sow to measure boards. Rule. — Multiply the length (in feet) by the width (in inches) and divide the product by 12 — the result will be the contents in square feet. Sow to measure scantlings. Joists, planks, sills, etc. Rule. — Multiply the width, the thickness, and the length together (the width and thickness in inches, and the length in feet), and divide the product by 12 — the result will be square feet. Sow to find the number of acres in a body of land. Rule. — Multiply the length by the width (in rods), and divide the product by 160 (carrying the division to 2 decimal places if there is a remainder) ; the result will be the answer in acres and hundredths. When the opposite sides of a piece of land are of unequal length, add them together and take one-half for the mean length or width. Sow to find the number of square yards in a floor or wall. Rule. — Multiply the length by the width or height (in feet), and divide the product by 9, the result will be square yards. Sow to find the number of bricks required in a building. Rule. — Multiply the number of cubic feet by 22i. The number of cubic feet is found by multiplying the length, height nd thickness (in feet) together. Bricks are usually made 8 inches long, 4 inches wide, and two inches thick ; hence, it requires 27 bricks to make a cubic foot without mortar, but it is generally assumed that the mortar fills 1-6 of the space. Sow to find the number of shingles required in a roof. Rule. — Multiply the number of square feet in the roof by 8, if the shingles are exposed 44 inches, or by T 1-5 if exposed 5 inches. To find the number of square feet, multiply the length of the roof by twice the length of the rafters. MISCELLANEOUS INFOKMATION. 267 To find the length of the rafters, at one-foueth pitch, multiply the width of the building by .56 (hundredths) ; at one-third pitch, by .6 (tenths) ; at two-fifths pitch, by .64 (hundredths) ; at one-half pitch, by .71 (hundredths). This gives the length of the rafters from the apex to the end of the wall, and whatever they are to project must be taken into consideration. NOTE.-By « or « pitch Is meant that the apex or comb of the roof Is to be K or X the width of the buiiaing higher than the walls or base of the rafters. How to reckon the cost of hay. Rule.— Multiply the number of pounds by half the price per ton, and remove the decimal point three places to the left. Sow to measure grain. Rule. — Level the grain; ascertain the space it occupies in cubic feet ; multiply the number of cubic feet by 8, and point off one place to the left. / Note.— Exactness requires the addition to every three hundred bushels of one extra bushel. The foregoing rule may be used for finding the number of gallons, by multiplying the number of bushels by 8. If the corn in the box is in the ear, divide the answer by 2, to find the number of bushels of shelled corn, because it requires 2 bushels of eai corn to make 1 of shelled corn. Rapid rules for measuring land without instruments. In measuring land, the first thing to ascertain is the contents of any given plot in square yards ; then, given the number of yards, find out the number of rods and acres. The most ancient and simplest measure of distance is a step. Now, an ordinary-sized man can train himself to cover one yard at a stride, on the average, with sufficient accuracy for ordinary purposes. To make use of this means of measuring distances, it is essential to walk in a straight line ; to do this, fix the eye on two objects in a line straight ahead, one comparatively near, the other remote ; and, in walk- ing, keep these objects constantly in line. Farmers and others hy adopting the following simple and ingenious con- trivance., may always carry with them the scale to construct a correct yard measure. Take a foot rule, and commencing at the base of the little finger ol the left hand, mark the quarters of the foot on the outer borders of the left arm, pricking in the marks with indelible ink. To find how many rods in length will make an acre., the width being given. Rule. — Divide 160 by the width, and the -quotie^nt will be the answer. 268 MISCELLA.NEOTJS INFORMATION. How to find the numher of acres in any plot of land, the number of rods being given. Rule. — ^Divide the number of rods by 8, multiply the quotient by 5, and remove the decimal point two places to the left. The diameter being given, to find the circumference. Rule. — Multiply the diameter by 3 1-7. How to find the diameter, when the circumference is given. Rule. — Divide the circumference by 3 1-7. To find how many solid feet a round stick of timber of the same thick- ness throughout will contain when squared. Rule. — Square half the diameter in inches, multiply by 2, multiply by the length in feet, and divide the product by 144. General rule for measuring timber, to find the solid contents in feet. Rule. — Multiply the depth in inches by the breadth in inches, and then multiply by the length in feet, and divide by 144. To find the number of feet of timber in trees with the bark on. Rule. — Multiply the square of one-fifth of the circumference in inches, by twice the length, in feet, and divide by 144. Deduct 1-10 to 1-15 according to the thickness of the bark. Howard' s new rule for computing interest. Rule. — The reciprocal of the rate is the time for which the interest on any sum of money will be shown by simply removing the decimal point two places to the left ; for ten times that time, remove the point one place to the left ; for 1-10 of the same time, remove the point three places to the left. Increase or diminish the results to suit the time given. Note— The reciprocal of the rate is found by in-rertin^ the rate ; thus 3 per cent, per month, in- verted, becomes 3^ of a month, or 10 days. When the rate is expressed by one figure, always write it thus : 3-1, three ones. Itulefor converting English into American currency. Multiply the pounds, with the shillings and pence stated in decimals, by 400 plus the premium in fourths, and divide the product by 90. U. S. GOVERNMENT LAND MEASURE. A township — 36 sections each a mile square. A section — 640 acres. A quarter section, half a mile square — 160 acres. An eighth section, half a mile long, north and south, and a quarter of a mile wide — 80 acres. A sixteenth section, a quarter of a mile square — 40 acres. MISCELLANEOUS INFORMATION. 269 The sections are all numbered 1 to 36, commencing at the north-east corner. The sections are divided into quarters, which are named by the cardinal points. The quarters are divided in the same way. The de- scription of a forty acre lot would read : The south half of the west half of the south-west quarter of section 1 in township 24, north of range 7 west, or as the case might be ; and sometimes will fall short and sometimes overrun the number of acres it is supposed to contain. The nautical mile is 795 4-5 feet longer than the common mile. SURVEYORS' MEASURE. 7 92-100 inches make 1 link. 25 links " 1 rod. 4rods " 1 chain. 80 chains " 1 mile. Note. — A chain is 100 links, equal to 4 rods or 66 feet. Shoemakers formerly used a subdivision of the inch called a barley- corn ; three of which made an inch. Horses are measured directly over the fore feet, and the standard of measure is four inches — called a hand. In Biblical and other old measurements, the term span is sometimes used, which is a length of nine inches. The sacred cubit of the Jews was 24.024 inches in length. The common cubit of the Jews was 21.704 inches in length. A pace is equal to a yard or 36 inches. A fathom is equal to 6 feet. A league is three miles, but its length is variable, for it is strictly speaking a nautical term, and should be three geographical miles, equal to 3.45 statute miles, but when used on land, three statute miles are said to be a league. In cloth measure an aune is equal to li yards, or 45 inches. An Amsterdam ell is equal to 26.796 inches. A Trieste ell is equal to 25.284 inches. A Brabant ell is equal to 27.116 inches. HOW TO KEEP ACCOUNTS. Every farmer and mechanic, whether he does much or little business, should keep a record of his transactions in a clear and systematic man- ner. For the benefit of those who have not had the opportunity of ac- quiring a primary knowledge of the principles of book-keeping, we here present a simple form of keeping accounts which is easily comprehended, and well adapted to record the business transactions of farmers, mechanics and laborers. 270 MISCELLANEOUS rNFOEMATION. 1875. A. H. JACKSON. Dr. Cr ■ Jan. 10 To 7 bushels Wheat at S1.25 $8 6 1 48 6 17 75 30 25 00 25 50 $2 IS 2 25 4 35 17 By shoeing span of Horses 50 Feb. 4 4 March 8 To 14 bushels Oats To 5 lbs. Butter 1 By new Harrow .. ...at $ .45 ...at .25 00 " 8 By sharpening 2 Plows _. . . . 40 " 13 By new Double-Tree _ ^5 « 27 To Cow and Calf.... April 9 9 To half ton of Hay By Cash . 00 May 6 24 July 4 By repairing Corn-Planter 75 To one Sow with Pigs By Cash, to balance account 15 $88 05 $88 05 1875. CASSA MASON. Dr. Cr. March 21 By 3 days' labor at $1.25 $6 8 10 2 2 20 18 00 10 00 75 70 00 20 $3 25 12 18 9 I7K " 21 " 23 May 1 1 To 2 Shoats To 18 bushels Corn By 1 month's Labor at 3.00 at .45 00 To Cash . June 19 26 By 8 days' Mowing 1 To 50 lbs. Flour at $1.50 00 July 10 " 29 Aug. 12 12 To 27 lbs. Meat By 9 days' Harvesting By 6 days' Labor To Cash.... ..at $ .10 at 2.00 at 1.50 00 00 Sept. 1 To Cash -to balance account $67 75 $67 75 INTEREST TABLE. A SXMFLK KULB FOR AOCUBATELT COMPUTING INTEREST AT ANT GIVEN PkiI CkNT POIt ANY Length of time. Multiply the principal (amount of money at Interest) by the time reduced to days; then divide this prodMct by the «uo%nt obtained by dividing 360 (the number of days In the interest year) by the per cme. of interest andt/i« quotient tftusofttoinedwUl be the required Interest. j ^ j f * .mtoicoi. illustration. S462.50 .48 Solution. Require the Interest of $463.50 for one month and eighteen days at 6 per cent An interest month is 30 days; one month and eighteen days equal 48 days. $462.50 multi- plied by .48 gives $222.0000; 360 divided by 6 (the per cent, of interest) gives 60. and S222.0000dlvidedby 60 will give you the exact Interest, which Is $3.70. It the rate of 370000 Interest inthe above example were 13 per cent, we would divide the $332.0000 bv 30 R\'iRf\ \ iceinnn (because 360 divided by 12 gives 30); It 4 per cent, we would divide by 90; If 8 per lili: \ '^°"''° cent, by 45: and In like manner lor any other per cent 80 / $222.0000(S3.70 180 420 420 00 MISCELLANEOUS TABLE. 12 units, or things, 1 Dozen. I 196 pounds, 1 Barrel of Flour. I 24 sheets of paper 1 Ouire 12 dozen, 1 Gross. 200 pounds, 1 Barrel of Pork. 20 quires paper 1 Ream. ) things, 1 Score. 56 pounds, 1 Firkin of Butter. | 4 ft wide, 4 f . high, and 8 ft long, 1 Cord Wood. MISCELLANEOUS INFORMATION. 271 NAMES OF THE STATES OF THE UNION, AND THEIR SIGNIFICATIONS. Virginia. — The oldest of the States, was so called in honor of Queen Elizabeth, the "Virgin Queen," in whose reign Sir Walter Raleigh made his first attempt to colonize that region. Florida. — Ponce de Leon landed on the coast of Florida on Easter Sunday, and called the country in commemoration of the day, which was the Pasqua Florida of the Spaniards, or " Feast of Flowers." Louisiana was called after Louis the Fourteenth, who at one time owned that section of the country. Alabama was so named by the Indians, and signifies " Here we Rest." Mississippi is likewise an Indian name, meaning " Long River." Arkansas, from Kansas, the Indian word for " smoky water." Its prefix was really arc, the French word for " bow." The Carolinas were originally one tract, and were called "Carolana," after Charles the Ninth of France. Georgia owes its name to George the Second of England, who first established a colony there in 1732. Tennessee is the Indian name for the " River of the Bend," i. e., the Mississippi which forms its western boundary. Kentucky is the Indian name for " at the head of the river." Ohio means " beautiful ; " Iowa, " drowsy ones ; " Minnesota, " cloudy water," and Wisconsin, "wild-rushing channel." Illinois is derived from the Indian word illini, men, and the French suffix ois, together signifying " tribe of men." Michigan was called by the name given the lake, fish-weir, which was so styled from its fancied resemblance to a fish trap. Missouri is from the Indian word " muddy," which more properly applies to the river that flows through it. Oregon owes its Indian name also to its principal river. Cortes named California. Massachusetts is the Indian for " The country around the great hills." Connecticut, from the Indian Quon-ch-ta-Cut, signifying "Long River." Maryland, after Henrietta Maria, Queen of Charles the First, of England. Mw York was named by the Duke of York. Pennsylvania means " Penn's woods," and was so called after WUliam Penn, its orignal owner. 272 MISCELLANEOUS INFORMATION. Delaware after Lord De La Ware. New Jersey, so called in honor of Sir George Carteret, -who was Governor of the Island of Jersey, in the British Channel. Maine was called after the province of Maine in France, in compli- ment of Queen Henrietta of England, who owned that province. Vermont, from the French word Vert Mont, signifying Green Mountain. New Hampshire, from Hampshire county in England. It was formerly called Laconia. The little State of Rhode Island owes its name to the Island of Rhodes in the Mediterranean, which domain it is said to greatly Tesemble. Texas is the American word for the Mexican name by which all that section of the country was called before it was ceded to the United States. POPULATION OF THE UNITED STATES. States and Territories. Alabama Arkansas ■California ■Connecticut l)elaware riorlda Georgia Illinois Indiana Iowa Kansas Kentuclcy Xouisiana Maine Maryland -Massachusetts Michigan Minnesota -Mississippi Missouri Nebraslia Nevada -New Hampshire. . New Jersey New York North Carolina . . Ohio ■Oregon Pennsylvania Bhode Island Aouth Carolina. . . Tennessee Texas Vermont Virginia West Virginia.... Wisconsin Total States.. Arizona -Colorada Dakota District of Columbia. : Idaho Montana New Mexico "Utah ■Washington Wyoming Total Territories . . . , Total United States . . Total Population. 996.993 484,471 560,347 537,454 125,015 187,748 .184,109 ,539,891 ,680,637 ,191,792 364,399 ,331,011 726,915 636,915 780,894 ,457,351 ,184,059 439,708 827,933 ,731,295 132,993 42,491 318,800 906.096 .382.759 ,071,361 1,665,260 90,923 1,531,791 217,363 705,606 ,258,530 818,579 330,551 ,325,163 443,014 ,054,670 38.113,353 9,658 39,864 14,181 131.700 14,999 80,595 91,874 86,786 23,955 9,118 442,7.30 38,555,983 POPULATION OF FIFTY PRINCIPAL CITIES. New York, N. Y Philadelphia, Pa Brooklyn, N. Y St. Louis, Mo Chicago, 111 Baltimore, Md Boston, M:ass Cincinnati, Ohio.... New Orleans, La. . . San Francisco, Cal.. Buffalo, N. Y Washington, D. C... Newark, N.J Louisville, Ky Cleveland, Ohio Pittsburg, Pa Jersey City, N.J . . . Detroit, Mich Milwaukee, Wis Albany, N. Y Providence, R. I Rochester, N. Y Allegheny, Pa. Richmond, Va New Haven, Conn. , Charleston, S. C Indianapolis, Ind. .. Troy, ST Y Syracuse, N. Y Worcester, Mass..., Lowell, Mass , Memphis, Tenn Cambridge, Mass... Hartford; Conn Scranton, Pa Reading, Pa Paterson, N.J Kansas City, Mo..., Mobile, Ala.. Toledo, Ohio Portland, Me Columbus, Ohio Wilmington, Del... Dayton, Ohio Lawrence, Mass Utica, N. Y Oharlestown, Mass Savannah, Ga Lynn, Mass Fall River; Mass. . . Aggregate Population. 942,293 674,023 396,099 810,864 298,977 267,354 350.536 216„239 191,418 149.473 117,714 109,199 105,059 100,753 93,829 86,076 82,546 79,577 71.440 69,423 68,904 62,386 53.180 51.038 50.840 48,956 48,244 46,465 43,051 41,105 40.938 40,326 89,634 87,180 35,092 38,930 33,579 33,260 82,034 31.584 81,418 31,274 30,841 30,473 38,931 28,804 38,323 28,235 28,233 26,766 MISCELLANEOUS INFOEMATION. 273 POPULATION OF THE CNITED STATES. States and Terkitokies. States, Alabama Arkansas California Connection t Delaware Florida Georgia Illinois Indiana Iowa Kansas Kentuclcy liOuisiana Maine Maryland Massachusetts... Michigan* Minnesota Mississippi Missouri ^Nebraska Nevada New Hampshire. New Jersey New York North Carolina. . Ohio Oregon Area in square Miles. 1870. 722 198 981 .674 120 268 000 ,410 ,809 ,045 ,818 ,600 ,346 ,776 ,184 ,800 ,451 ,531 ,156 ,350 ,995 ,090 ,280 ,320 000 ,704 964 ,244 Population. 996,993 484.471 560,247 537,454 125,015 187,748 1.184,109 2,539,891 1,680,637 1,191,792 364,399 1,381,011 726,915 626,915 780,894 1,457,351 1,184,059 489,706 837,922 1,721,295 128,993 42,491 318,300 906,096 4,882,759 1,071,361 2,665,260 90,928 Miles R. E. 1875. 1872. 1,350,544 528,349 857,039 1,651,912 1,384,031 698,429 !346,280 52,540 1,026,502 4,705,208 1,671 25 1,013 820 227 466 2,108 5,904 8.529 3.160 1,760 1,128 589 871 820 1,606 2,235 1,612 990 3,580 828 593 790 1,265 4,470 1,190 8,740 1»9 * Last Census of Michigan taken in 1874. States and Territories. States. Pennsylvania Khode Island South Carolina... Tennessee Texas Vermont Virginia West Virginia Wisconsin Total States., Territories. Arizona Colorado Dakota Dist. of Columbia. Idaho Montana New Mexico Utah Washington Wyoming Total Territories, Area in ' square Miles. 46,000 1,306 29,885 46,600 237,504 10,213 40,904 33,000 58,924 1,950,171 113,918 104,600 147,490 60 90,982 148.776 121,301 80,056 69,944 93,107 965,033 Population. 1870. 3,531, 317, 705, 1,258, 818, 830, 1,335, 442, 1,054, 9,658 39,864 14,181 181,700 14,999 20,595 91,874 86,786 23,955 9,118 442,730 258,239 926,145 1,236, 72E Miles R. R. 1872. 5,113 136 1,201 1,520 865 675 1,490 485 1.725 59,587 375 ■498 1,265 Aggregate of U. S.. 2,915,303 88,555,983 60,i * Included in the Railroad Mileage of Maryland. PRINCIPAL COUNTRIES OF THE WORLD; l^OPTTLATION AST) AkEA. Countries. Population. Date of Census. Area in Square Miles. Inhabitants to Square Mile. Population. China British Empire Hussia United States with Alaska, France Austria and Hungary Japan Great Britain and Ireland. German Empire Italy Spain Brazil Turkey Mexico Sweden and Norway Persia Belgium Bavari a Portugal Holland New Grenada iChili Switzerland Peru JBolivia Argentine Republic "Wurtemburg .Denmark Venezuela JBaden Greece Ouatemala Ecuador Paraguay Hesse XiUeria San Salvador Hayti Nicaragua Uruguay Honduras San Domingo Costa Rica Hawaii 446,500.000 328,817,108 81,925,4')0 88,925,600 36,469,800 35,904,400 34,785,300 31,817,100 29,906,092 27,439,921 16,642,000 10,000,000 16,463,000 9,173,000 5,921.500 5,000,000 5,021,300 4,861,400 3,995,200 3,688,300 3,000,000 2,000,000 2,669,100 2,500,000 8,000,000 1,812,000 1,818,500 1,784,700 1,500,000 1,481,400 1,457,900 1,180,000 1,300,000 1,000,000 823,138 718,000 600,000 572,000 350,000 300,000 350,000 136,000 165,000 62,950 1871 1871 1871 1870 1866 1869 1871 1871 1871 1871 1867 1869 1870 1870 1889 1871 1868 1870 1870 1869 1870 1871 ■1869 1871 1870 'isii 1870 1871 'isfi 'isVi 1871 'isVi 1871 1871 'iSTO 3,741,846 4,677,432 8,008,778 ^,603,884 304,091 240,348 149,399 121,815 160,207 118,847 195,775 3,253,029 872,621 761,626 292,871 885,964 11,373 29,292 34,494 12,680 857,157 132,616 15,992 471.838 497,321 871,848 7,533 14,753 368,238 5,912 19,353 40,879 218,928 68,787 2,969 9,576 7,835 10,205 58,171 86,722 47,092 17,827 21,506 7.683 119.3 48.6 10.2 7.78 178.7 149.4 232.8 262.3 187. 230.9 85. 8.07 24.4 80. 7.8 441.5 165.9 115.8 290.9 8.4 16.1 186.9 5.3 4. 8.1 341.4 120.9 4.2 247. 75.3 28.9 5.9 15.6 ,877. 74.9 81.8 66. 6. 6.5 7.4 7.8 7.7 80. Pekin ; London St. Petersburg.. Washington Paris Vienna Yeddo London Berlin Rome Madrid Rio Janeiro Constantinople . Mexico Stockholm Teheran Brussels Municli Lisbon Hague Bogota Santiago Berne Lima Chuquisaca Buenos Ayres... Stuttgart Cdpenhagen Caraccas Carlsruhe Athens Guatemala Quito Asuncion Darmstadt Monrovia Sal Salvador ... Port au Prince Managua Monte Video... Comayagua — San Domingo. . . San Jose Honolulu 1,648,800 3,351,800 687,000 109,199 1,835,300 833,900 1,554,900 3,351,800 835,400 244,484 382,000 420,000 1,075,000 210,300 138,900 120,000 314,100 189,600 824,083 90,100 45,000 115,400 36,000 160,100 85,000 177,800 91,600 182,042 47,000 36,'600 43,400 40,000 70,000 48,000 80,000 3,000 15,000 20,000 10,000 44,500 12,000 20,000 2,000 7,633 STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.) COUNTIES. No. of Acres of Im- proved Land. No. of Acres Unim- proved Land. No. of Acres under Culti- vation in 1874. Spring Wheat. Harv't'd Winter Wheat. .vr. . No. of f°-°J^ Bushel! Acres. Hary.fd Indian Corn. ■^„ .. Ko. of «■„ „, No. of A?re/ Bushels |°- °/ Bushels Acres. Harv't'd -^"es- Harv'fd Value of Products of Farm Appanoose Alamakee Audubon Adams Adair Buena Vista . Benton Boone Butler Breraer Black Hawk.. Buchanan Clay Cherokee Cass Crawford Cedar Cerro Gordo.. Clayton Clinton Chickasaw Carroll Clarke Calhoun Davis Decatur Dubuque Des Moines..., Delaware Dickinson Dallas Emmet Floyd Fayette Franklin Fremont Grundy Green Guthrie Hardin Humboldt...... Howard..:..!.. Harrison Hancock Hamilton Henry Ida Iowa Jackson Johnson Jasper Jones Jefferson Keokuk Kossuth Lee Lucas Lyon Linn Louisa Mitchell Mahaska Marion Mills Madison Monroe Marshal] Monona Muscatine Montgomery. . . O'Brien Osceola Polk Pochahontas... Pottawattomie Powesheik Page Plymouth Palo Alto Ringgold Scott Story Shelby Sioux Sac Taylor Tama Union Van Buren Wayne Warren Wlnnesheik.... Woodbury Worth Washington... Webster Winnebago Wright Wapello 161059 1S4767 21146 65459 83182 33118 29T518 156987 149498 145967 213025 19056 37059 54638 110864 58053 52980 212291 •299855 96504 58065 98694 26996 150938 115751 187831 143665 4?2029 16770 132435 9989 147098 179504 69859 115907 146039 59940 87259 128831 29114 115823 94848 10462 6S966 182080 7292 191041 193290 241021 278881 208907 167389 208125 31550 183832 108952 15872 281118 151007 126384 141612 161998 102215 223735 62242 178946 104633 33626 18490 207689 21928 124630 156782 68'233 18517 18400 235515 148649 53180 102861 866182 57005 153674 147766 1942C5 '246140 44179 48927 226176 97238 17689 85516 150209 161083 156821 23819 43735 55680 37084 63911 71810 68908 47001 150881 71418 39919 28974 45304 283414 41417 151908 67337 94772 309744 50487 116003 87172 98561 58166 62305 29850 57765 25586 32130 98156 48046 198832 47926 49838 47220 171048 SS7451 841615 39935 50249 9494 89357 142401 71257 179752 63298 69767 318841 62649 52922 701 . 122490 82779 63604 188709 78206 47552 66278 48832 50607 32070 31406 66841 85572 419489 48697 175471 51912 82225 68829 191'23 43874 89326 367394 47201 285516 90322 33216 99528 66795 167178 131670 57097 45957 55663 61744 80625 82387 63491 126188 109388 15986 54352 66266 27010 239408 108642 124877 104810 181256 167240 33376 45412 92785 16362 166485 48648 17i 74104 26618 13159: 93275 146244 97618 161357 11961 114625 8887 110708 133758 65590 135108 52328 76892 97T65 27013 61871 73287 9005 52060 110831 6514 142401 193019 216949 140684 125590 149672 12766 176655 100C66 94133 150368 153214 99837 137979 9171: 117303 39844 129699 86026 26434 14651 140450 19219 906 171583 115484 44379 16679 608- 185742 99387 47280 33515 24179 79442 214941 45836 113363 117689 158737 269469 33097 32167 167884 70910 12421 28957 185173 9606 61880 6876 17947 27550 16514 99406 32505 67907 48878 89361 64291 17481 81693 40123 24000 40467 28199 40163 26756 171 11040 5378 8211 49240 10615 60401 6701 29256 3911 62067 60779 S1096 132-29 67384 19391 37489 38464 12046 36115 20676 15026 8108 48410 43616 45306 16237 83378 10798 10851 18954 8133 52178 19764 65634 S4S62 45136 M385 87553 11688 69895 15334 S)JS75 1381 14904 8769 37686 7434 83369 67312 22689 10936 47698 26658 3'2039 22996 11056 15446 97013 10586 7456 10375 42173 112175 16213 23093 41646 30554 8939 13629 17868 281376 435014 162737 1343666 439357 779167 644796 1108024 812343 153159 40150: 676209 640544 415463 1805125 1C10345 643619 340161 217090 109631 30993 77169 113396 7172S 25822 445848 1510 941439 863670 455909 2069U1 976607 257760 893674 497251 20902 143701 70006 180220 48815 670247 650000 666779 1107170 463478 164904 13139 72624 153687 76742 666597 189939 1083811 629663 342961 628314 1014)3 1125382 183811 416471 651639 157526 74757 80n4 588971 762826 355792 442736 23208 78851 762315 317944 251286 110094 206813 1437807 141188 58808 76346 654679 1813466 218875 410487 469879 391051 162281 196166 157535 1049 181 10 7 70 1347 12 7 10 5379 817 84 491 100 31 6192 143 140 15400 31 12 1388 '205 189 32 25 1330 10 335 125 40 244 143 61 1439 5 11 1964 97 174 3600 84 700 31030 428 63 20 55 160 56405 12239 1720 117310 60 1080 7942 1274 409 66739 1363 200407 3-29 54 160 16367 3697 2212 543 484 5584 200 629 166 394 "475 1762 618 20 960 121854 1236 910 14193 "'276' '16159' 64871 24325 9225 25474 30860 7888 83244 46151 8797 9459 40682 17957 78224 9512 37948 89297 16821 16014 39066 10666 62127 50484 67118 102924 56150 8183 57*2 2197 26462 37091 24066 73845 40175 783037 38902 41304 9998 9916 44720 '2067 20441 62672 2301 (2518 53962 77142 100217 65423 55061 75697 9781 59863 47032 2645 91773 49642 11274 83775 84630 59643 69494 46575 67699 21677 64760 39251 6379 2510 77497 8981 47258 86748 71386 10097 6641 35613 59071 51273 17674 6780 73251 24063 50211 65625 80280 27185 14647 3530 73265 28713 1374 23S5243 394655 969777 1402438 228231 1595753 1270878 1026641 1939690 1811250 180120 315216 1901063 643658 2846931 265443 1471263 514279 550041 1680'260 351 120 2115569 1763140 1702391 2307938 1690335 44455 14273 642448 1296480 768983 170r " 1482583 783037 1669IS4 1379961 297381 307912 1620192 57899 670781 2415670 . 108465 2713830 1665518 3168178 1909534 1696510 8S2T282 119777 1902530 2184658 411961 1533976 2953630 1738916 1715973 1441467 106062 17279 3272040 1750038 S571105 2239043 176778 14"2957 1146937 2-226346 1783477 279716 1419680 2842859 1833622 2405187 3561865 9T7316 490371 122291 917911 52425 281821 2148791 13756 12776 788 3951 4465 2791 15490 10401 13827 14259 16804 17431 4436 3545 9079 2902 20243 7199 20024 23704 11744 3338 13337 2993 13643 10665 25115 9242 20677 2403 9937 1549 15461 20770 9532 5419 11786 4227 4145 10982 3974 10210 3462 1353 5108 13393 455 11756 23662 17760 15267 18260 140(e 16582 5143 11817 12665 8477 22670 6792 14078 16646 10987 6528 8743 11612 13611 2304 13287 5332 8107 1390 12188 2541 ■5278 11416 9758 4161 2979 9118 15915 11273 2254 4691 8035 8718 13574 6127 12596 13242 8391 24307 8072 4445 15701 7491 1327 4184 11570 141293 159739 67069 4450T0 404620 421719 518571 538196 115596 176281 99168 675837 228097 669896 702059 446300 107677 367643 73182 345707 344651 632113 37282 335124 3241 487729 704407 328679 179646 401948 120948 153505 366915 90944 340268 69140 48816 168263 358221 14060 819071 531156 62'il97 532239 464824 446128 447603 27857 279069 343164 13789 585648 175755 542662 496248 335746 232639 285103 241081 466245 66475 406662 201635 53931 26829 431841 40494 168081 833665 346607 120437 46859 255007 187T48 353698 367396 281510 8216508 91647 161557 453320 207493 45109 1S5I76 293690 ABSTRACT OF IO¥A STATE LA¥S. BILLS OF EXCHANGE AND PROMISSORY NOTES. Upon negotiable bills, and notes payable in this State, grace shall be allowed according to the law merchant. All the above mentioned paper falling due on Sunday, New Year's Day, the Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or the Governor of the State, as a day of fast or thanksgiving, shall be deemed as due on the day pre- vious. No defense can be made against a negotiable instrument (assigned before due) in the hands of the assignee without notice, except fraud was used in obtaining the same. To hold an indorser, due diligence must be used by suit against the maker or his representative. Notes payable to person named or to order, in order to absolutely transfer title, must be indorsed by the payee. Notes payable to bearer may be transferred by delivery, and when so payable, every indorser thereon is held as a guarantor of payment, unless otherwise expressed. In computing interest or discount on negotiable instruments, a month shall be considered a calendar month or twelfth of a year, and for less than a month, a day shall be figured a thirtieth part of a month. Notes only bear interest when so expressed ; but after due, they draw the legal interest, even if not stated. INTEREST. The legal rate of interest is six per cent. Parties may agree, in writing, on a rate not exceeding ten per cent. If a rate of interest greater than ten per cent, is contracted for, it works a forfeiture of ten per cent, to the school fund, and only the principal sum can be recovered. DESCENT. The personal property of the deceased (except (1) that necessary for pay- ment of debts and expenses of administration ; (2) property set apart to widow, as exempt from execution; (3) allowance by court, if necessary, of twelve months' support to widow, and to children under fifteen years of age), including life insurance, descends as does real estate. One-third in value (absolutely) of all estates in real property, possessed by husband at any time during marriage, which have not been sold on executioa or other judicial sale, and to which the wife has made no relinquishment of her right, shall be set apart as her property, in fee simple, if she survive him. 276 ABSTRACT OF IOWA STATE LAWS. The same share shall be set apart to the surviving husband of a deceased wife. The widow's share cannot be aifected by any will of her husband's, unless she consents, in writing thereto, within six months after notice to her of pro- visions of the will. The provisions of the statutes of descent apply alike to surviving husband or surviving wife. Subject to the above., the remaining estate of which the decedent died siezed, shall in absence of other arrangements by will, descend First. To his or her children and their descendants in equal parts ; the descendants of the deceased child or grandchild taking the share of their deceased parents in equal shares among them. Second. Where there is no child, nor descendant of such child, and no widow or surviving husband, then to the parents of the deceased in equal parts ; the surviving parent, if either be dead, taking the whole ; and if there is no parent living, then to the brothers and sisters of the intestate and their descend- ants. ' Third. When there is a widow or surviving husband, and no child or chil- dren, or descendants of the same, then one-half of the estate shall descend to such widow or surviving husband, absolutely ; and the other half of the estate shall descend as in other cases where there is no widow or surviving husband, or child or children, or descendants of the same. Fourth. If there is no child, parent, brother or sister, or descendants of either of them, then to wife of intestate, or to her heirs, if dead, according to like rules. Fifth. If any intestate leaves no child, parent, brother or sister, or de- scendants of either of them, and no widow or surviving husband, and no child, parent, brother or sister (or descendant of either of them) of such widow or surviving husband, it shall escheat to the State. WILLS AND ESTATES OF DECEASED PERSONS. No exact form of words are necessary in order to make a will good at law. Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind and memory, can make a valid will ; it must be in writing, signed by the testator, or by some one in his or her presence, and by his or her express direction, and attested by two or more competent wit- nesses. Care should be taken that the witnesses are not interested in the will. Inventory to be made by executor or administrator within fifteen days from date of letters testamentary or of administration. Executors' and administra- tors' compensation on amount of personal estate distributed, and for proceeds of sale of real estate, five per cent, for first one thousand dollars, two and one-half per cent, on overplus up to five thousand dollars, and one per cent, on overplus above five thousand dollars, with such additional allowance as shall be reasona- ble for extra services. Within ten days after the receipt of letters of administration, the executor or administrator shall give such notice of appointment as the court or clerk shall direct. Claims (other than preferred) must be filed within one year thereafter, are forever barred, unless the claim is pending in the District or Supreme Court, or unless peculiar circumstances entitle the claimant to equitable relief. ABSTRACT OF IOWA STATE LAWS. 277 Claims are classed and payable in the following order : 1. Expenses of administration. 2. Expenses of last sickness and funeral. 3. Allowance to widow and children, if made by the court. 4. Debts preferred under laws of the United States. 5. Public rates and taxes. 6. Claims filed within six months after the first publication of the notice given by the executors of their appointment. 7. All other debts. 8^ Legacies. The award, or property which must be set apart to the widow, in her own right, by the executor, includes all personal property which, in the hands of th*» deceased, as head of a family, would have been exempt from execution. TAXES. The owners of personal property, on the first day of January of each year, and the owners of real property on the first day of November of each year, are liable for the taxes thereon. The following property is exempt from taxation, viz. : 1. The property of the United States and of this State, including univer- sity, agricultural, college and school lands and all property leased to the State ; property of a county, township, city, incorporated town or school district when devoted entirely to the public use and not held for pecuniary profit ; public grounds, including all places for the burial of the dead ; fire engines and all implements for extinguishing fires, with the grounds used exclusively for their buildings and for the meetings of the fire companies; all public libraries, grounds and buildings of literary, scientific, benevolent, agricultural and reli- gious institutions, and societies devoted solely to the appropriate objects of these institutions, not exceeding 640 acres in extent, and not leased or otherwise used with a view of pecuniary profit ; and all property leased to agricultural, charit- able institutions and benevolent societies, and so devoted during the term of such lease ; provided, that all deeds, by which such property is held, shall be duly filed for record before the property therein described shall be omitted from the assessment. 2. The books, papers and apparatus belonging to the above institutions; used solely for the purposes above contemplated, and the like property of stu- dents in any such institution, used for their education. 3. Money and credits belonging exclusively to such institutions and devoted solely to sustaining them, but not exceeding in amount or income the sum. pre- scribed by their charter. 4. Animals not hereafter specified, the wool shorn from sheep, belonging to the person giving the list, his farm produce harvested within one year previous to the listing; private libraries not exceeding three hundred dollars in value; family pictures, kitchen furniture, beds and bedding requisite for each family, all wearing apparel in actual use, and all food provided for the family ; but no person from whom a compensation for board or lodging is received or expected, is to be considered a member of the family within the intent of this clause. 5. The polls or estates or both of persons who, by reason of age or infirm- ity, may, in the opinion of the Assessor, be unable to contribute to the public 278 ABSTRACT OF IOWA STATE LAWS. revenue ; such opinion and the fact upon which it is based being in all cases reported to the Board of Equalization by the Assessor or any other person, and subject to reversal by them. 6. The farming utensils of any person who makes his livelihood by farming, and the tools of any mechanic, not in either case to exceed three hundred dollars in value. 7. Government lands entered or located or lands purchased from this State, should not be taxed for the year in which the entry, location or purchase is made. There is also a suitable exemption, in amount, for planting fruit trees or forest trees or hedges. Where buildings are destroyed by fire, tornado or other unavoidable casu- alty, after being assessed for the year, the Board of Supervisors may rebate taxes for that year on the property destroyed, if same has not been sold for taxes, and if said taxes have not been delinquent for thirty days at the time of destruction of the property, and the rebate shall be allowed for such loss only as is not covered by insurance. All other property is subject to taxation. Every inhabitant of full age and sound mind shall assist the Assessor in listing ' all taxable property of which he is the owner, or which he controls or manages, either as agent, guardian, father, husband, trustee, executor, accounting oflBcer, partner, mortgagor or lessor, mortgagee or lessee. Road beds of railway corporations shall not be assessed to owners of adja- cent property, but ehall be considered the property of the companies for pur- poses of taxation ; nor shall real estate used as a public highway be assessed and taxed as part of adjacent lands whence the same was taken for such public purpose. The property of railway, telegraph and express companies shall be listed and assessed for taxation as the property of an individual would be listed and assessed for taxation. Collection of taxes made as in the case of an individual. The Township Board of Equalization shall meet first Monday in April of each year. Appeal lies to the Circuit Court. The County Board of Eqalization (the Board of Supervisors) meet at their regular session in June of each year. Appeal lies to the Circuit Court. Taxes become delinquent February 1st of each year, payable, without interest or penalty, at any time before March 1st of each year. Tax sale is held on first Monday in October of each year. Redemption may be made at any time within three years after date of sale, by paying to the County Auditor the amount of sale, and twenty per centum of such amount immediately added as penalty, with ten per cent, interest per annum on the whole amount thus made from the day of sale, and also all sub- sequent taxes, interest and costs paid by purchaser after March 1st of each year, and a similar penalty of twenty per centum added as before, with ten per cent, interest as before. If notice has been given, by purchaser, of the date at which the redemption is limited, the cost of same is added to the redemption money. Ninety days' notice is required, by the statute, to be published by the purchaser or holder of certificate, to terminate the right of redemption. ABSTRACT OF IOWA STATE LAWS 281 JURISDICTION OF COURTS DISTRICT COURTS have jurisdiction, general and original, both civil and criminal, except iii such cases where Circuit Courts have exclusive jurisdiction. District Courts have exclusive supervision over courts of Justices of the Peace and Magistrates, in criminal matters, on appeal and .writs of error. CIRCUIT COURTS have jurisdiction, general and original, with the District Courts, in all civil actions and special proceedings, and exclusive jurisdiction in all appeals and writs of error from inferior courts, in civil matters. And exclusive jurisdiction in matters of estates and general probate business. JUSTICES OF THE PEACE have jurisdiction in civil matters where $100 or less is involved. By consent of parties, the jurisdiction may be extended to an amount not exceeding $300. They have jurisdiction to try and determine all public offense less than felony, committed within their respective counties, in which the jine, by law, does not exceed $100 or the imprisonment thirty days. LIMITATION OF ACTIONS. Action for injuries to the person or reputation; for a stutute penalty; and to enforce a mechanics' lien, must be brought in two (2) years. Those against a public olficer within three (3) years. Those founded on unwritten contracts; for injuries to property; for relief on the ground of fraud ; and all other actions not otherwise provided for, within five (5) years. Those founded on written contracts; on judgments of any court (except those provided for in next section), and for the recovery of real property, within ten (10) years. Those founded on judgment of any court of record in the United States, within twenty (20) years. All above limits, except those for penalties and forfeitures, are extended in favor of minors and insane persons, until one year after the disability is removed — time during which defendant is a non-resident of the State shall not be included in computing any of the above periods. Actions for the recovery of real property, sold for non-payment of taxes, must be brought within five years after the Treasurer's Deed is executed and recorded, except where a minor or convict or insane person is the owner, and they shall be allowed five years after disability is removed, in which to bring action. JURORS. All qualified electors of the State, of good moral character, sound judgment, and in full possession of the senses of hearing and seeing, are competent jurors in their respective counties. United States oflicers, practicing attorneys, physicians and clergymen, acting professors or teachers in institutions of learning, and persons disabled by 282 ABSTRACT OF IOWA STATE LAWS. bodily infirmity or over sixty-five years of age, are exempt from liability to act as jurors. Any person may be excused from serving on a jury when his own interests or the public's will be materially injured by his attendance, or when the state of his health or the death, or sickness of his family requires his absence. CAPITAL PUNISHMENT was restored by the SeventeentL General Assembly, making it optional with the jury to infiict it or not. A MARRIED WOMAN may convey or incumber real estate, or interest therein, belonging to her ; may control the same or contract with reference thereto, as other persons may con- vey, encumber, control or contract. She may own, acquire, hold, convey and devise property, as her husband may. Her husband is not liable for civil injuries committed by her. She may convey property to her husband, and he may convey to her. She may constitute her husband her attorney in fact. , EXEMPTIONS FROM EXECUTION. A resident of the State and head of a family may hold the following prop- erty exempt from execution : All wearing apparel of himself and family kept for actual use and suitable to the condition, and the trunks or other receptacles nec- essary, to contain the same; one musket or rifle and shot-gun; all private libraries, family Bibles, portraits, pictures, musical instruments, and paintings not kept for the purpose of sale ; a seat or pew occupied by the debtor or his family in any house of public worship ; an interest in a public or private burying ground not exceeding one acre ; two cows and a calf; one horse, unless a horse is exempt as hereinafter provided ; fifty sheep and the wool therefrom, and the materials manufactured from said wool ; six stands of bees ; five hogs and all pigs under six months ; the necessary food for exempted animals for six months ; all flax raised from one acre of ground, and manufactures therefrom ; one bed- stead and necessary bedding for every two in the family ; all cloth manufactured by the defendant not exceeding one hundred yards ; household and kitchen fur- niture not exceeding two hundred dollars in value ; all spinning wheels and looms ; one sewing machine and other instruments of domestic laber kept for actual use ; the necessary provisions and fuel for the use of the family for six months ; the proper tools, instruments, or books of the debtor, if a farmer, mechanic, surveyor, clergyman, lawyer, physician, teacher or 'professor; the horse or the team, consisting of not more than two horses or mules, or two yokes of cattle, and the wagon or other vehicle, with the proper harness or tackle, by the use of which the debtor, if a physician, public ofBcer, farmer, teamster or other laborer, habitually earns his living ; and to the debtor, if a printer, tliere shall also be exempt a printing press and the types, furniture and material nec- essary for the use of such printing press, and a newspaper office to the value of twelve hundred dollars ; the earnings of such debtor, or those of his family, at any time within ninety days next preceding the levy. Persons unmarried and not the head of a family, and non-residents, have .,1 i.„ i._:_ iU_ ABSTRACT OF IOWA STATE LAWS. 283 There is also exempt, to a head of a family, a homestead, not exceeding forty acres; or, if inside city limits, one-half acre with improvements, value not limited. The homestead is liable for all debts contracted prior to its acquisition as such, and is subject to mechanics' liens for work or material furnished for the same. An article, otherwise exempt, is liable, on execution, for the purchase money thereof "Where a debtor, if a head of a family, has started to leave the State, he shall have exempt only the ordinary wearing apparel of himself and family, and other property in addition, as he may select, in all not exceeding seventy-five dollars in value. A policy of life insurance shall inure to the separate use of the husband or wife and children, entirely independent of his or her creditors. ESTRAYS. An unbroken animal shall not be taken up as an estray between May 1st and November 1st, of each year, unless the same be found within the lawful enclosure of a householder, who alone can take up such animal, unless some other person gives him notice of the fact of such animal coming on his place ; and if he fails, within five days thereafter, to take up such estray, any other householder of the township may take up such estray and proceed with it as if taken on his own premises, provided he shall prove to the Justice of the Peace such notice, and shall make affidavit where such estray was taken up. Any swine, sheep, goat, horse, neat cattle or other animal distrained (for damage done to one's enclosure), when the owner is not known, shall be treated as an estray. Within five days after taking up an estray, notice, containing a full descrip- tion thereof, shall be posted up in three of the most public places in the town- ship ; and in ten days, the person taking up such estray shall go before a Justice of the Peace in the township and make oath as to where such estray was taken up, and that the marks or brands have not been altered, to his knowledge. The estray shall then be appraised, by order of the Justice, and the appraisement, description of the size, age, color, sex, marks and brands of the estray shall be entered by the Justice in a book kept for that purpose, and he shall, within ten days thereafter, send a certified copy thereof to the County Auditor. When the appraised value of an estray does not exceed five dollars, the Justice need not proceed further than to enter the description of the estray on his book, and if no owner appears within six months, the property shall vest in the finder, if he has complied with the law and paid all costs. Where appraised value of estray exceeds five and is less than ten dollars, if no .owner appears in nine months, the finder has the property, if he has com- plied with the law and paid costs. An estray, legacy taken up, may be used or worked with care and moderation. If any person unlawfully take up an estray, or take up an estray and fail to comply with the law regarding estrays, or use or work it contrary to above, or work it before having it appraised, or keep such estray out of the county more than five days at one time, before acquiring ownership, such ofi"ender shall forfeit to the county twenty dollars, and the owner may recover double damages with costs. If the owner of any estray fail to claim and prove his title for one year after the taking up, and the finder shall have complied with the law, a comnlete title vests in the finder. 284 ABSTRACT OF IdWA STATE LAWS. But if the owner appear within eighteen months from the taking up, prove his ownership and pay all costs and expenses, the finder shall pay him the appraised value of such estray, or may, at his option, deliver up the estray. WOLF SCALPS. A bounty of one dollar is paid for wolf scalps. MARKS AND BRANDS. Any person may adopt his own mark or brand for his domestic animals, and have a description thereof recorded by the Township Clerk. No person shall adopt the recorded mark or brand of any other person residing in his township. > ^ DAMAGES FROM TRESPASS. When any person's lands are enclosed by a lawful fence, the owner of any domestic animal injuring said lands is liable for the damages, and the damages may be recovered by suit against the owner, or may be made by distraining the animals doing the damage ; and if the party injured elects to recover by action against the owner, no appraisement need be made by the Trustees, as in case of distraint. When trespassing animals are distrained within twenty-four hours, Sunday not included, the party injured shall notify the owner of said animals, if known ; and if the owner fails to satisfy the party within twenty-four hours thereafter, the party shall have the township Trustees assess the damage, and notice shall be posted up in three conspicuous places in the township, that the stock, or part thereof, shall, on the tenth day after posting the notice, between the hours of 1 and 3 P. M., be sold to the highest bidder, to satisfy said damages, with costs. Appeal lies, within twenty days, from the action of the Trustees to the Cir- cuit Court. Where stock is restrained, by police regulation or by law, from running at large, any person injured in his improved or cultivated lands by any domestic animal, may, by action against the owner of such animal, or by distraining such animal, recover his damages, whether the lands whereon the injury was done were inclosed by a lawful fence or not. FENCES. A lawful fence is fifty-four inches high, made of rails, wire or boards, with posts not more than ten feet apart where rails are used, and eight feet where boards are used, substantially built and kept in good repair^ or any other fence which, in the opinion of the Fence Viewers, shall be declared a lawful fence — provided the lower rail, wire or board be not more that twenty nor less than six- teen inches from the ground. The respective owners of lands enclosed with fences shall maintain partition fences between their own and next adjoining enclosure so long as they improve them in equal shares, unless otherwise agreed between them. If any party neglect to maintain such partition fence as he should maintain, the Fence Viewers (the township Trustees), upon complaint of aggrieved party, may, upon due notice to both parties, examine the fence, and, if found insuf- ABSTRACT OF IOWA STATE LAWS. 285 ficient, notify the delinquent party, in writing, to repair or re-build the same within such time as they judge reasonable. If the fence'be not repaired or rebuilt accordingly, the complainant may do so, and the same being adjudged sufficient by the Fence Viewers, and the value thereof, with their fees, being ascertained and certified under their hands, the complainant may demand of the delinquent the sum so ascertained, and if the same be not paid in one month after demand, may recover it with one per cent a month interest, by action. In case of disputes, the Fence Viewers may decide as to who shall erect or maintain partition fences, and in what time the same shall be done ; and in case any party neglect to maintain or erect such part as may be assigned to him, the aggrieved party may erect and maintain the same, and recover double damages. No person, not wishing his land inclosed, and not using it otherwise than in common, shall be compelled to maintain any partition fence ; but when he uses or incloses his land otherwise than in common, he shall contribute to the parti- tion fences. Where parties have had their lands inclosed in common, and one of the owners desires to occupy his separate and apart from the other, and the other refuses to divide the line or build a sufficient fence on the line when divided, the Fence Viewers may divide and assign, and upon neglect of the other to build as ordered by the Viewers, the one may build the other's part and recover as above. And when one incloses land which has lain uninclosed, he must pay for one-half of each j)artition fence between himself and his neighbors. Where one desires to lay not less than twenty feet of his lands, adjoining his neighbor, out to the public to be used in common, he must give his neighbor six months' notice thereof. Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove his fence and material withn six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then, before it can be removed, the person claiming must first pay for such material to the owner of the land from which it was taken, nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party ; a reasonable time must be given beyond the six months to remove crops. MECHANICS' LIENS. Every mechanic, or other person who shall do any labor upon, or furnish any materials, machinery or fixtures for any building, erection or other improve- ment upon land, including those engaged in the construction or repair of any work of internal improvement, by virtue of any contract' with the owner, his agent, trustee, contractor, or sub-contractor, shall have a lien, on complying with the forms of law, upon the building or other improvement for his labor done or materials furnished. It would take too large a space to detail the manner in which a sub- contractor secures his lien. He should file, within thirty days after the last of the labor was performed, or the last of the material shall have been furnished, with the Clerk of the District Court a true account of the amount due him, after allowing all credits, setting forth the time when such material was furnished or labor performed, and when completed, and containing a correct description of 286 ABSTRACT OF IOWA STATE LAWS. the property sought to be charged with the lien, and the whole verified by affidavit. A principal contractor must file such an affidavit within ninety days, as above. Ordinarily, there are so many points to be examined in order to secure a mechanics' lien, that it is much better, unless one is accustomed to managing such liens, to consult at once with an attorney. Remember that the proper time to file the claim is ninety days for a princi- pal contractor, thirty days for a sub-contractor, as above ; and that actions to enforce these liens must be commenced within two years, and the rest can much better be done with an attorney. ROADS AND BRIDGES. Persons meeting each other on the public highways, shall give one-half of the same by turning to the right. All persons failing to observe this rule shall be liable to pay all damages resulting therefrom, together with a fine, not exceed- ing five dollars. The prosecution must be instituted on the complaint of the person wronged. Any person guilty of racing horses, or driving upon the public highway, in a manner likely to endanger the persons or the lives of others, shall, on convic- tion, be fined not exceeding one hundred dollars or imprisoned not exceeding thirty days. It is a misdemeanor, without authority from the proper Road Supervisor, to break upon, plow or dig within the boundary lines of any public highway. The money tax levied upon the property in each road district in each town- ship (except the general Township Fund, set apart for purchasing tools, machin- ery and guide boards), whether collected by the Road Supervisor or County Treasurer, shall be expended for highway purposes in that district, and no part thereof shall be paid out or expended for the benefit of another district. The Road Supervisor of each district, is bound to keep the roads and bridges therein, in as good condition as the funds at his disposal will permit ; to put guide boards at cross roads and forks of highways in his district ; and when noti- fied in writing that any portion of the public highway, or any bridge is unsafe, must in a reasonable time repair the same, and for this purpose may call out any or all the able bodied men in the district, but not more than two days at one time, without their consent. Also, when notified in writing, of the growth of any Canada thistles upon vacant or non-resident lands or lots, within his district, the owner, lessee or agent thereof being unknown, shall cause the same to be destroyed. Bridges when erected or maintained by the public, are parts of the highway, and must not be less than sixteen feet wide. A penalty is imposed upon any one who rides or drives faster than a walk across any such bridge. The manner of establishing, vacating or altering roads, etc., is so well known to all township officers, that it is sufficient here to say that the first step is by petition, filed in the Auditor's office, addressed in substance as follows : The Board of Supervisors of County : The undersigned asks that a highway, commencing at and running thence and terminating at , be established, vacated or altered (as the case may be.) When the petition is filed, ?11 necessary and succeeding steps will be shown ABSTRACT OF IOWA STATE LAWS. 287 ADOPTION OF CHILDREN. Any person competent to make a will can adopt as his own the minor child of another. The consent of both parents, if living and not divorced or separ- ated, and if divorced or separated, "or if unmarried, the consent of the parent lawfully having the custody of the child ; or if either parent is dead, then the consent of the survivor, or if both parents be dead, or the child have been and remain abandoned by them, then the consent of the Mayor of the city where the child is living, or if not in the city, then of the Clerk of the Circuit Court of the county shall be given to such adoption by an instrument in writing, signed by party or parties consenting, and stating tlie names of the parties, if known, the name of the child, if known, the name of the person adopting such child, and the residence of all, if known, and declaring the name by which the child is thereafter to be called and known, and stating, also, that such child is given to the person adopting, for the purpose of adoption as his own child. The person adopting shall also sign said instrument, and all the parties shall acknowledge the same in the lAanner that deeds conveying lands shall be acknowledged. The instrument shall be recorded in the office of the County Recorder. , SURVEYORS AND SURVEYS. There is in every county elected a Surveyor known as County Surveyor, who has power to appoint deputies, for whose official acts he is responsible. It is the duty of the County Surveyor, either by himself or his Duputy, to make all surveys that he may be called upon to make within his county as soon as may be after application is made. The necessary chainmen and other assist- ance must be employed by the person requiring the same to be done, and to be by him paid, unless otherwise agreed ; but the chainmen must be disinterested persons and approved by the Surveyor and sworn by him to measure justly and impartially. Previous to any survey, he shall furnish himself with a copy of the field notes of the original survey of the same land, if there be any in the office of the County Auditor, and his survey shall be made in accordance there- with. Their fees are three dollars per day. For certified copies of field notes, twenty-five cents. SUPPORT OF POOR. The father, mother and children of any poor person who has applied for aid, and who is unable to maintain himself by work, shall, jointly or severally, maintain such poor person in such manner as may be approved by the Town- ship Trustees. In the absence or inability of nearer relatives, the same liability shall extend to the grandparents, if of ability without personal labor, and to the male grand- children who are of ability, by personal labor or otherwise. The Township Trustees may, upon the failure of such relatives to maintain a poor person, who has made application for relief, apply to the Circuit Court for an order to compel the same. Upon ten days' notice, in writing, to the parties sought to be charged, a hearing may be had, and an order made for entire or partial support of the poor person. 288 ABSTRACT OF IOWA STATE LAWS. Appeal may be taken from such judgment as from other judgments of the Circuit Court. When any person, having any estate, abandons either children, wife or hus- band, leaving them chargeable, or likely to become chargeable, upon the public for support, upon proof of above fact, an order may be had from the Clerk of the Circuit Court, or Judge, authorizing the Trustees or the Sheriff to take into possession such estate. The Court may direct such personal estate to be sold, to be applied, as well as the rents and profits of the real estate, if any, to the support of children, wife or husband. If the party against whom the order is issued return and support the per- son abandoned, or give security for the same, the order shall be discharged, and the property taken returned. The mode of relief for the poor, through the action of the Township Trustees, or the action of the Board of Supervisors, is so well known to every township officer, and the circurustances attending applications for relief are so varied, that it need now only be said that it is the duty of each county to pro- vide for its poor, no matter at what place they may be. LANDLORD AND TENANT. A tenant giving notice to quit demised premises at a time named, and after- Ward holding over, and a tenant or his assignee willfully holding over the prem- ises after the term, and after notice to quit, shall pay double rent. Any person in possession of real property, with the assent of the owner, is presumed to be a tenant at will until the contrary is shown. Thirty days' notice, in writing, is necessary to be given by either party before he can terminate a tenancy at will ; but when, in any case, a rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment. In case of tenants occupying and cultivating farms, the notice must fix the termination of the tenancy to take place on the 1st day of March, except in cases of field tenants or croppers, whose leases shall be held to expire when the crop is har- vested ; provided, that in case of a crop of corn, it shall not be later than the 1st day of December, unless otherwise agreed upon. But when an express agreement is made, whether the same has been reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice. But where an express agreement is made, whether reduced to writing or not, the tenancy shall cease at the time agreed upon, without notice. If such tenant cannot be found in the county, the notices above required may be given to any sub-tenant or other person in possession of the premises ; or, if the premises be vacant, by affixing the notice to the principal door of the building or in some conspicuous position on the land, if there be no building. The landlord shall have a lien for his rent upon all the crops grown on the premises, and upon any other personal property of the tenant used on the premises during the term, and not exempt from execution, for the period of one year after a year's rent or the rent of a shorter period claimed falls due ; but such lien shall not continue more than six months after the expiration of the term. The lien may be effected by the commencement of an action, within the period above prescribed, for the rent alone ; and the landlord is entitled to a writ ABSTRACT OF IOWA STATE LAWS. 289 of attachment, upon filing an affidavit that the action is commenced to rcover rent accrued within one year previous thereto upon the premises described in the affidavit. WEIGHTS AND MEASURES. Whenever any of the following articles shall be contracted for, or sold or delivered, and no special contract or agreement shall be made to the contrary, thd weight per bushel shall be as follows, to- wit: Apples, Peaches or Quinces 48 Cherries, Grapes, Currants or Gooseberries, 40 Strawberries, Easpberriea or Blackberries, 32 Osage Orange Seed 32 Millet Seed 45 Stone Coal 80 Lime 80 Corn in the ear 70 Wheat 60 Potatoes 60 Beans 60 Clover Seed 60 Onions 57 Shelled Corn 56 Rye 56 Flax Seed 56 Sweet Potatoes 46 Sand 130 Sorghum Seed 30 Broom Corn Seed 30 Buckwheat 52 Salt 50 Barley 48 Corn Meal 48 Castor Beans 46 Timothy Seed 45 Hemp Seed 44 Dried Peaches 33 Oats 33 Dried Apples 24 Bran 20 Blue Grass Seed 14 Hungarian Grass Seed 45. Penalty for giving less than the above standard is treble damages and costs, and five dollars addition thereto as a fine. DEFINITION OF COMMERCIAL TERMS. / $ means dollars, being a contraction of U. S., which was formerly placed before any denomination, of money, and meant, as it means now. United States. Currency. £j means pounds, English money. @ stands for at or to; K) for pounds, and bbl. for barrels ; "§ for per or by the. Thus, Butter sells at 20@30c f fib, and Flour at |8@$12 f bbl. % for per cent., and Jf for number. May 1. Wheat sells at $1.20@$1.25, " seller June." Seller June means that the person who sells the wheat has the privilege of delivering it at any time during the month of June. Selling short, is contracting to deliver a certain amount of grain or stock, at a fixed price, within a certain length of time, when the seller has not the stock on hand. It is for the interest of the person seUing "short" to depress the market as much as possible, in order that he may buy and fill his contract at a profit. Hence the "shorts" are termed "bears." Buying long, is to contract to purchase a certain amount of grain or shares, of stock at a fixed price, deliverable within a stipulated time, expecting to make a profit by the rise in prices. The " longs " are termed " bulls," as it is for their interest to "operate" so as to "toss" the prices upward as much aa possible. 290 ABSTRACT OF IOWA STATE LAWS. NOTES. Form of note is legal, worded in the simplest way, so that the amount and tme of payment are mentioned : $100. ^ Chicago, 111., Sept. 15, 1876. Sixty days from date I promise to pay to E. F. Brown or order, one hun- dred dollars, for value received. L. D. LoWRY. A note to be payable in anything else than money needs only the facts sub- stituted for money in the above form. ORDERS. Orders should be worded simply, thus : Mr. F. H. Coats : Chicago, Sept. 15, 1876. Please pay to H. Birdsall twenty-five dollars, and charge to F. D. SiLVA. RECEIPTS. Receipts should always state when received and what for, thus : $100. Chicago, Sept. 15, 1876. Received of J. W. Davis, one hundred dollars, for services Tendered in grading his lot in Fort Madison, on account. Thomas Brady. If receipt is in full, it should be so stated. BILLS OF PURCHASE. W. N. Mason, Salem, Illinois, Sept. 18, 1876. Bought of A. A. Graham. 4 Bushels of Seed Wheat, at $1.50 $6 00 2 Seamless Sacks " 30 60 Received payment, $6 60 A. A. Graham. CONFESSION OF JUDGMENT. -, Iowa, , 18 — . after date — promises to pay to the order of , dollars, at , for value received, with interest at ten per cent, per annum after until paid. Interest payable , and on inte>:est not paid when due, interest at same rate and conditions. A failure to pay said interest, or any part thereof, within 20 days after due, shall cause the whole note to become due and collectable at once. If this note is sued, or judgment is confessed hereon, $ shall be allowed as attorney fees. No. — . P. 0. , . CONFESSION OF JUDGMENT. — VS. — . In Court of County, Iowa, , of County, Iowa, do hereby confess that justly indebted to , in the ABSTRACT OF IOWA STATE LAWS. 291 sum of dollars, and the further sum of $ as attorney fees, with interest thereon at ten per cent, from , and — hereby confess judgment agamst as defendant in favor of said , for said sum of ^ and $ as attorney fees, hereby authorizing the Clerk of the Court of said county to enter up judgment for said sum against with costs, and interest at 10 per cent, from , the interest to be paid . Said debt and judgment being for . It is especially agreed, however, That if this judgment is paid within twenty days after due, no attorney fees need be paid. And hereby sell, convey and release all right of homestead we now occupy in favor of said so far as this judgment is concerned, and agree that it shall be liable on execution for this judgment. Dated , 18—. The State of Iowa, 1 ' — County. J being duly sworn according to law, depose and say that the forego- ing statement and Confession of Judgment was read over to , and that — understood the contents thereof, and that the statements contained therein, are true, and that the sums therein mentioned are justly to become due said as aforesaid. Sworn to and subscribed before me and in my presence by the said • this day of , 18—. , Notary Public. ARTICLES OF AGREEMENT. An agreement is .where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration. GENERAL FORM OF AGREEMENT. This Agreement, made the Second day of June, 1878, between John Jones, of Keokuk, County of Lee, State of Iowa, of the first part, and Thomas Whiteside, of the same place, of the second part — WITNESSETH, that the said John Jones, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver in good and market- able condition, at the Village of Melrose, Iowa, during the month of November, of this year, One Hundred Tons of Prairie Hay, in the following lots, and at the following specified times ; namely, twenty-five tons by the seventh of Nov- ember, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November. And the said Thomas Whiteside, in consideration of the prompt fulfillment • of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered. 292 ABSTRACT OF IOWA STATE LAWS. In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, One Hun- dred dollars, as fixed and settled damages. In witness whereof, we have hereunto set our hands the day and year first above written. John Jones, Thomas Whiteside. • agreement with clerk for services. This Agreement, made the first day of May, one thousand eight hundred and seventy-eight, between Reuben Stone, of Dubuque, County of Dubuque, State of Iowa, party of the first part, and George Barclay, of McGregor, County of Clayton, State of Iowa, party of the second part — WITNESSETH, that said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation ; during which time he, the said Barclay, in the store of said Stone, of Dubuque, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone. In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dol- lars, payable in twelve equal monthly payments, each upon the last day of each month ; provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay. Witness our hands. Reuben Stone. George Barclay. BILLS OF SALE. A bill of sale is a written agreement to another party, for a consideration, to convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of sale must be acknowledged and recorded. COMMON FORM OF BILL OF SALE. Know all Men by this instrument, that I, Louis Clay, of Burlington, Iowa, of the first part, for and in consideration of Five Hundred and Ten Dollars, to me paid by John Floyd, of^the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executors, administra- tors and assigns, my undivided half of ten acres of corn, now growing on the arm of Thomas Tyrell, in the town above mentioned ; one pair of horses, •sixteen sheep, and five cows, belonging to me and in my possession at the farm aforesaid ; to have and to hold the same unto the party of the second part, his executors and assigns forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the afore-mentioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever. In witness whereof, I have hereunto afiixed my hand, this tenth day of October, one thousand eight hundred and seventy-six. Louis Clay. ABSTRACT OF IOWA STATE LAWS. 293 NOTICE TO QUIT. To John Wontpay : You are hereby notified to quit the possession of the premises you now occupy to wit : {^Insert Description.^ on or before thirty days from the date of this notice. Dated January 1, 1878. Landlord. [^Meverse for Notice to Landlord.^ GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY. I, Charles Mansfield, of the Town of Bellevue, County of Jackson, State of Iowa, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and tes- tament, in manner following, to-wit : First. I give, devise and bequeath unto my eldest son, Sidney H. Mans- field, the sum of Two Thousand Dollars, of bank stock, now in the Third National Bank, of Cincinnati, Ohio, and the farm owned by myself, in the Township of Iowa, consisting of one hundred and sixty acres, with all the houses, tenements and improvements thereunto belonging ; to have and to hold unto my said son, his heirs and assigns, forever. Second. I give, devise and bequeath to each of my two daughters, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand Dollars in bank stock in the Third National Bank of Cincinnati, Ohio ; and also, each one quarter section of land, owned by myself, situated in theTownship of Fairfield, and recorded in my name in the Recorder's office, in the county where such land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise. Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, five shares of railroad stock in the Baltimore & Ohio Railroad, and my one hundred and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name, in the county where situated. Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels and personal property, about my home, not hitherto disposed of, including Eight Thousand Dollars of bank stock in the Third National Bank of Cincinnati, Ohio, fifteen shares in the Baltimore & Ohio Railroad, and the free and unrestricted use, possession and benefit of the home farm so long as she may live, in lieu of dower, to which she is entitled by law — said farm being my present place of residence. Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson street, Chicago, Illinois, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father. Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when she may arrange to relinquish her 294 ABSTRACT OF IOWA STATE LAWS. life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each. And lastly. I nominate and appoint as the executors of this, my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield. I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Bellevue, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use for- ever. In witness whereof, I, Charles Mansfield, to this my last will and testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two. Charles Mansfield. Signed, and declared by Charles Mansfield, as and for his last will and tes- ment, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names hereunto as witnesses thereof. Peter A. Schenck, Dubuque, Iowa, Frank E. Dent, Bellevue, Iowa. CODICIL. Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last ■vyill and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof. Whereas, by the dispensation of Providence, my daughter, Anna Louise, has deceased, November fifth, eighteen hundred and seventy-three ; and whereas, a son has been born to me, which son is now christened Richard Albert Mans- field, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will. In witness whereof, I hereunto place my hand and seal, this tenth day of . March, eighteen hundred and seventy-five. Charles Mansfield. Signed, sealed, published and declared to us by the testator, Charles Mans- field, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof. Frank E. Dent, Bellevue, Iowa, John C. Shay, Bellevue, Iowa. (Form No. 1.) SATISFACTION OF MORTGAGE. State of Iowa, County, ' ^ss. I, , of the County of , State of Iowa, do hereby acknowledge that a certain Indenture of , bearing date the day of , A. D. 18 — , made and executed by and , his wife, to said on the following described Real Estate, in the County of , and State of Iowa, to-wit : (here insert description) and filed for record in the office of the Recorder of the Countv of . and State of Towa. on thp dav nf ABSTRACT OF IOWA STATE LAWS. 295 A. D. 18—, at o'clock . M. ; and recorded in Book of Mortgage Records, on page , is redeemed, paid off, satisfied and discharged in full. T ^ • [seal.] State of Iowa, 1 ,, County, J Be it Remembered, That on this day of , A. D. 18 before me the undersigned, a in and for said county, personally appeared , to me personally known to be the identical person who executed the above (satisfaction of mortgage) as grantor, and acknowledged signature thereto to be voluntary act and deed. _ Witness my hand and seal, the day and year last above written. ONE FORM OF REAL ESTATE MORTGAGE. Know all Men by these Presents : That , of County, and State of , in consideration of dollars, in hand paid by of County, and State of , do hereby sell and convey unto the said the following described premises, situated in the County , and State of , to wit : (here insert description,) and do hereby covenant with the said that lawfully seized of said premises, that they are free from incumbrance, that have good right and lawful authority to sell and convey the same ; and do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To be void upon condition that the said shall pay the full amount of principal and interest at the time therein specified, of certain promissory note for the sum of dollars. One note for $ , due , 18 — , with interest annually at per cent. One note for $ , due , 18 — , with interest annually at per cent. One note for $ , due , 18 — , with interest annually at per cent. One note for $ , due , 18 — , with interest annually at per cent. And the said Mortgagor agrees to pay all taxes that may be levied upon the above described premises. It is also agreed by the Mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney's fee for foreclosing. And the said hereby relinquishes all her right of dower and homestead in and to the above described premises. Signed to day of , A. D. 18—. [Acknowledge as in Form No. 1.] SECOND FORM OF REAL ESTATE MORTGAGE. This Indenture, made and executed by and between of the county of and State of , part of the first part, and of the county of and State of party of the second part, Witnesseth, that the said part of the first part, for and in consideration of the sum of dollars, paid by the said party of the second part, the receipt of which is hereby acknowledged, hai^e granted dnd sold, and do by these presents, grant, bargain, sell, convey and confirm, unto the said party of the second part, heirs and ^296 ABSTRACT OF IOWA STATE LAWS. assigns forever, the certain tract or parcel of real estate situated in the county of and State of , described as follows, to-wit : {Here insert description.) The said part of the first part represent to and covenant with the part of the second part, that he have good right to sell and convey said premises, that they are free from encumbrance and that he will warrant and defend them against the lawful claims of all persons whomsoever, and do expressly hereby release all rights of dower in and to said premises, and relinquish and convey all rights of homestead therein. This Instrument is made, executed and delivered upon the following con- ditions, to-wit : First. Said first part agree to pay said , or order Second. Said first part further agree as is stipulated in said note, that if he shall fail to pay any of said interest when due, it shall bear interest at the rate of ten per cent, per annum, from the time the same becomes due, and this mortgage shall stand as security for the same. Third. Said first part further agree that he will pay all taxes and assessments levied upon said real estate before the same become delinquent, and if not paid the holder of this mortgage may declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent, per annum, and this mortgage shall stand as security for the amount so paid. Fourth. Said first part further agree that if he fail to pay any of said money, either principal or interest, within days after the same becomes due ; or fail to conform or comply with any of the foregoing conditions or agree- ments, the whole sum herein secured shall become due and payable at once, and this mortgage may thereupon be foreclosed immediately for the whole of said money, interest and costs. Fifth. Said part further agree that in the event of the non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attorney's fee of dollars shall become due and pay- able, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the decree of foreclosure and shall be made by the Sheriff on general or special execution with the other money, interest and costs, and the contract embodied in this mortgage and the note described herein, shall in all respects be governed, constructed and adjudged by the laws of , where the same is made. The foregoing conditions being performed, this conveyance to be void, otherwise of full force and virtue. [Acknowledge as in form No. 1.] FORM OF LEASE. This Article of Agreement, Made and entered into on this day of A. D. 187-, by and between , of the county of , and State of Iowa, of the first part, and , of the county of , and State of Iowa, of the second nart. witnesseth tha.t the said nart.v nf t.JiB first. ABSTRACT OF IOWA STATE LAWS. 297 part has this day leased unto the party of the second part the following descrihed premises, to wit : [-Here insert description.^ for the term of from and after the — day of , A. D. 187-, a:^ the rent of dollars, to be paid as follows, to wit : [Sere insert Terms.'] And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be law- ful for the said party of the first part to re-enter the said premises, or to destrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, notwithstanding the provision of Section 3,612 of the Code of 1873 ; or he may use any or all of said remedies. And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persona family, or in employ, or by superior force and inevitable necessity. And the said party of the second part covenants that will use the said premises as a , and for no other purposes whatever ; and that especially will not use said premises, or permit the ^ame to be used, for any unlawful business or purpose whatever ; that will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of a forfeiture of all rights under this lease, at the election of the party of the first part ; and that — ;: will use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damage by fire, and the depredations of animals ; that will keep buildings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessee, or persons of family, or in employ, excepted ; and that at the expiration of this lease, or upon a breach by said lessee of any of the said covenants herein contained, will, without further notice of any kind, quit and surrender the possession and occupancy of said premises in as good condi- tion as reasonable use, natural wear and decay thereof will permit, damages by fire as aforesaid, superior force, or inevitable necessity, only excepted. In witness whereof, the said parties have subscribed their names on the date first above written. In presence of FORM OP NOTE. ,18- On or before the — day of -, 18 — , for value received, I promise to pay or order, dollars, with interest from date until paid, at ten per cent, per annum, payable annually, at . Unpaid interest shall bear interest at ten per cent, per annum. On failure to pay interest within ■ days after due, the whole sum, principal and interest, shall become due at once. 298 ABSTRACT OP IOWA STATE LAWS. CHATTEL MORTGAGE. Know all Men by these Presents : That of County, and State of in consideration of dollars, in hand paid by , of County and State of do hereby sell and convey unto the said -; the following described personal property, now in the possession of in the county and State of , to wit : [Here insert Description.^ And do hereby warrant the title of said property, and that it is free from any incumbrance or lien. The only right or interest retained by grantor in and to said property being the right of redemption as herein provided. This conveyance to be void upon condition that the said grantor shall pay to said grantee, or his assigns, the full amount of principal and interest at the time therein specified, of certain promissory notes of even date herewith, for the sum of dollars. One note for $ , due , 18 — , with interest annually at per cenfr. One note for $ , due , 18 — , with interest annually at per cent. One note for $ , due , 18 — , with interest annually at per cent. One note for $ , due , 18 — , with interest annually at per cent. The grantor to pay all taxes on said property, and if at any time any part or portion of said notes should be due and unpaid, said grantee may proceed by sale or foreclosure to collect and pay himself the unpaid balance of said notes, whether due or not, the grantor to pay all necessary expense of such foreclosure, including $ Attorney's fees, and whatever remains after paying off said notes and expenses, to be paid over to said grantor. Signed the day of , 18 — . . [Acknowledged as in form No. l.J . WARRANTY DEED. Know all Men by these Presents : That of County and State of , in consideration of the sum of Dollars, in hand paid by of , County and State of , do hereby sell and convey unto the said and to heirs and assigns, the following described premises, situated in the County of , State of Iowa, to-wit : [ffere insert description.^ And I do hereby covenant with the said that — lawfully seized in fee simple, of said premises, that they are free from incumbrance ; that — ha good right and lawful authority to sell the same, and — do hereby covenant to war- rant and defend the said premises and appurtenances thereto belonging, against the lawful claims of all persons whomsoever ; and the said hereby re- linquishes all her right of dower and of homestead in and to the above described premises. Signed the day of , A. D. 18 — . IN presence of ABSTRACT OF IOWA STATE LAWS. 299 QUIT-CLAIM DEED. Know all Men by these Presents : That , of County, State of , in consideration of the sum of dollars, to — in hand paid by , of County, State of , the receipt whereof — do hereby acknowledge,have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit-claim unto the said and to — heirs and assigns forever, all — right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of, in and to the following described premises, to wit : [here insert description] with all and singular the hereditaments and appurtenances thereto belonging. Signed this day of , A. D. 18 — . Signed in Presence of [Acknowledged as in form No. l.J BOND FOR DEED. Know all Men by th^sb Presents: That > of County, and State of am held and firmly bound unto of County, and State of , in the sum of Dollars, to be paid to the said , his executors or assigns, for which payment well and truly to be made, I bind myself firmly by these presents. Signed the day of A. D. 18 — . The condition of this obligation is such, that if the said obligee shall pay to said obligor, or his assigns, the full amount of principal and interest at the time therein specified, of — certain promissory note of even date herewith, for the sum of Dollars, One note for $ , due , 18 — , with interest annually at — per cent. One note for $ , due , 18 — , with interest annually at — per cent. One note for f , due , 18 — , with interest annually at — per cent. and pay all taxes accruing upon the lands herein described, then said obligor shall convey to the said obligee, or his assigns, that certain tract or parcel of real estate, situated in the County of and State of Iowa, described as fol- lows, to wit : [here insert description,] by a Warranty Deed, with the usual covenants, duly executed and acknowledged. If said obligee should fail to ma,ke the payments as above stipulated, or any part thereof, as the same becomes due, said obligor may at his option, by notice to the obligee terminate his liability under the bond and resume the posses- sion and absolute control of said premises, time being the essence of this agreement. On the fulfillment of the above conditions this obligation to become void, otherwise to remain in full force and virtue; unless terminated by the obligor as above stipulated. [Acknowledge as in form No. 1.] 300 ABSTRACT OP IOWA STATE LAWS. CHARITABLE, SCIENTIFIC AND RELIGIOUS ASSOCIATIONS. Any three or more persons of full age, citizens of the United States, a majority of whom shall be citizens of this State, who desire to associate themselves for benevolent, charitable, scientific, religious or missionary pur- poses, may make, sign and acknowledge, before any officer authorized to take the acknowledgments of deeds in this State, and have recorded in the ofiice of the Recorder of the county in which the business of such society is to be con- ducted, a certificate in writing, in which shall be stated the name or title by which such society shall be known, the particular business and objects of such society, the number of Trustees, Directors or Managers to conduct the same, and the names of the Trustees, Directors or Managers of such society for the first year of its existence. Upon filing for record the certificate, as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and success- ors, shall, by virtue hereof, be a body politic and corporate by the name stated in such certificate, and by that they and their successors shall and may have succession, and shall be persons capable of suing and being sued, and may have and use a common seal, which they may alter or change at pleasure ; and they and their successors, by their corporate name, shall be capable of taking, receiving, purchasing and holding real and personal estate, and of making by- laws for the management of its affairs, not inconsistent with law. The society so incorporated may, annually or oftener, elect from its members its Trustees, Directors or Managers at such time and place, and in such manner as may be specified in its by-laws, who shall have the control and management of the affairs and funds of the society, a majority of whom shall be a quorum for the transaction of business, and whenever any vacancy shall happen among such Trustees, Directors or Managers, by death, resignation or neglect to serve, such vacancy shall be filled in such manner as shall be provided by the by-laws of such society. When the body corporate consists of the Trustees, Directors or Managers of any benevolent, charitable, literary, scientific, religious or mis- sionary institution, which is or may be established in the State, and which is or may be under the patronage, control, direction or supervision of any synod, con- ference, association or other ecclesiastical body in such State, established agreeably to the laws thereof, such ecclesiastical body may nominate and appoint such Trustees, Directors or Managers, according to usages of the appoint- ing body, and may fill any vacancy which may occur among such Trustees, Directors or Managers; and when any such institution may be under the patronage, control, direction or supervision of two or more of such synods, con- ferences, associations or other ecclesiastical bodies, such bodies may severally nominate and appoint such proportion of such Trustees, Directors or Managers as shall be agreed upon by those bodies immediately concerned. And any vacancy occurring among such appointees last named, shall be filled by the synod, conference, association or body having appointed the last incumbent. In case any election of Trustees, Directors or Managers shall not be made on the day designated by the by-laws, said society for that cause shall not be dissolved, but such election may take place on any other day directed by such by-laws. Any corporation formed under this chapter shall be capable of taking, hold- ing or receiving property by virtue of any devise or bequest contained in any last will or testament of any person whatsoever ; but no person leaving a wife, ABSTRACT OF IOWA STATE LAWS. 301 child or parent, shall devise or bequeath to such institution or corporation more than one-fourth of his estate after the payment of his debts, and such device or bequest shall be valid only to the extent of such one-fourth. Any corporation in this State of an academical character, the memberships of which shall consist of lay members and pastors of churches, delegates to any synod, conference or council holding its annual meetings alternately in this and one or more adjoining States, may hold its annual meetings for the election of officers and the transaction of business in any adjoining State to this, at such place therein as the said synod, conference or council shall hold its annual meet- ings ; and the elections so held and business so transacted shall be as legal and binding as if held and transacted at the place of business of the corporation in this State. The provisions of this chapter shall not extend or apply to any association or individual who shall, in the certificate filed with the Recorder, use or specify a name or style the same ^s that of any previously existing incorporated society in the county. The Trustees, Directors or stockholders of any existing benevolent, char- itable, scientific, missionary or religious corporation, may, by conforming to the requirements of Section 1095 of this chapter, re-incorporate themselves or con- tinue their existing corporate powers, and all the property and effects of such existing corporation shall vest in and belong to the corporation so re-incorporated or continued. INTOXICATING LIQUORS. No intoxicating liquors (alcohol, spirituous and vinous liquors), except wine manufactured from grapes, currants or other fruit grown in the State, shall be manufactured or sold, except for mechanical, medicinal, culinary or sacramental purposes ; and even such sale is limited as follows : Any citizen of the State, except hotel keepers, keepers of saloons, eating houses, grocery keepers and confectioners, is permitted to buy and sell, within the county of his residence, such liquors for such mechanical, etc., purposes only, provided he shall obtain the consent of the Board of Supervisors. In order to get that consent, he must get a certificate from a majority of the elec- tors of the town or township or ward in which he desires to sell, that he is of good moral character, and a proper person to sell such liquors. If the Board of Supervisors grant him permission to sell such liquors, he must give bonds, and shall not sell such liquors at a greater profit than thirty- three per cent, on the cost of the same. Any person having a permit to sell, shall make, on the last Saturday of every month, a return in writing to the Auditor of the county, showing the kind and quantity of the liquors purchased by him since the date of his last report, the price paid, and the amount of freights paid on the same ; also the kind and quantity of liquors sold by him since the date of his last report ; to whom sold ; for what purpose and at what price; also the kind and quantity of liquors on hand; which report shall b^ sworn to by the person having the permit, and shall be kept by the Auditor, subject at all times to the inspection of the public. No person shall sell or give away any intoxicating liquors, including wine or beer, to any minor, for any purpose whatever, except upon written order of parent, guardian or family physician ; or sell the same to an intoxicated person or a person in the habit of becoming intoxicated. 302 ABSTRACT OF IOWA STATE LAWS. Any person who shall mix any intoxicating liquor with any beer, wine or cider, by him sold, and shall sell or keep for sale, as a beverage, such mixture, shall be punished as for sale of intoxicating liquor. But nothing in the chapter containing the laws governing the sale or pro- hibiting the sale of intoxicating liquors, shall be construed to forbid the sale by the importer thereof of foreign intoxicating liquor, imported under the author- ity of the laws of the United States, regarding the importation of such liquors, and in accordance with such laws ; provided that such liquor, at the time of the sale by the importer, remains in the original casks or packages in which it was by him imported, and in quantities not less than the quantities in which the laws of the United States require such liquors to be imported, and is sold by him in such original casks or packages, and in said quantities only. All payment or compensation for intoxicating liquor sold in violation of the laws of this State, whether such payments or compensation be in money, goods, lands, labor, or anything else whatsoever, shall be held to havebeen received in viola- tion of law and equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay on demand, to the person furnishing such consideration, the amount of the money on the just value of the goods or other things. All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which, either in whole or in part, shall have been made on account of intoxicating liquors sold contrary to law, shall be utterly null and void. Negotiable paper in the hands of holders thereof, in good faith, for valuable consideration, without notice of any illegality in its inception or transfer, how- ever, shall not be affected by the above provisions. Neither shall the holder of land or other property who may have taken the same in good faith, without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the liquor law, be affected by the above provision. Every wife, child, parent, guardian, employer, or other person, who shall be injured in person or property or means of support, by an intoxicated person, or in consequence of the intoxication, has a right of action against any person who shall, by selling intoxicating liquors, cause the intoxication of such person, for all damages actually sustained as well as exemplary damages. For any damages recovered, the personal and real property (except home- stead, as now provided) of the person against whom the damages are recovered, as well as the premises or property, personal or real, occupied and used by him, with consent and knowledge of owner, either for manufacturing or selling intox- icating liquors contrary to law, shall be liable. The only other exemption, besides the homestead, from this sweeping liability, is that the defendant may have enough for the support of his family for six months, to be determined by the Township Trustee. No ale, wine, beer or other malt or vinous liquors shall be sold within two miles of the corporate limits of any municipal corporation, except at wholesale, for the purpose of shipment to places outside of such corporation and such two- mile limits. The power of the corporation to prohibit or license sale of liquors not prohibited by law is extended over the two miles. No ale, wine, beer or other malt or vinous liquors shall be sold on the day on which any election is held under the laws of this State, within two miles of the place where said election is held ; except only that any person holding a permit mav sell unon the nrescrintion of a nrantifiinCT nbvsip.ia.Ti. ' ABSTRACT 01' IOWA STATE LAWS. 30 3 SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION. The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made: A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the consid- eration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay thfi price named. The nature and character of the work is described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exag- gerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the princi- pal, the subscriber should see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same. All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as written is, that they can not he altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract. Persons employed to solicit subscriptions are known to the trade as can- vassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond tKe time of delivery, nor bind their principal for the payment of expenses incurred in their business. It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would, examine carefully what it is ; if they can not read themselves call on some one disinterested who can. '^ s H e^ Izi m -Jti S i g c^ < r^ H Q m R^ a^ •S < H •T^ U- ■s; M ^ < t^ H ^ ^ 'TS s « s Q ^ 1 •XBX -x^X esnoH looqog ■X-BX ■X-BX ,Bi9t[01!9X ■XBX pnoa ■XBX eSptig ... , .? o o> « rt CO"*t-C5«9rHt-cqi-ll:-t- i-(rH t-CO ■* »nt-M t- t-(M 0>iH(M 53 peg ^t-i-]0 CO i-teo SiOH(MCCr-((Mr-'OOiOO)OaiOOieO(N<»OiHlQmsOGOO^»o; f tH O m t- ■* t- W'-iH OOOCOOOO-^WOi (NOO>t-l7-lClOOeOi-trHOOt- moir-tooeoweo-^moj l-KN CN CO M (N ec (N C4 (Mr i-iO(m«t-og;'*i-( . ^. f^ H^SOCOrHOt-OlOOeOOCO-^OlO^^ ..Hcnso®oot-coocorHeoos wv^ — »— r^r^r^w .^OXDint-CilMi-irHiOeOWCO -IC<]Dl«01«rHrHrHCOCO'*'rt C0lOCN—ti-4r-(0100i-(0ie0iOt-O(NrHi-ll0 CO.iN i-jQ0r-;CffIOseocOt-THlr-OiNTt(tOO> rH>QtMeilMCOt-MOOcOi-eo^'*cqcM»0'>*ioco oooooooooooooooooooooo looooioioiooiooooooooinoooioo eoeo<0'*oioMa)'^iS'*iNt-"*(MT-itoost-eDO*coio t-ffiOOOO(NOiOOr r-IC0C0Q0'*fH0SrHC0CTirHi001b-mrHOOi-HC0C0 0D(M0>Oi-HC00)i-HCCiOi0OCNi-(i-'« ^•t-aoao^-'^oococorHt-coc4■«>ot-oot-a ^iHi-Hi-li-li-l p-l iH N ion livinnf in .TnVinanTi HISTORY OF BLACK HAWK COUNTY. 311 County, made a trip up the valley of the Red Cedar, in search of homes and a desirable water-power. Arrived at the point where Chambers had lived the previous year, they were charmed by the romantic beauty of the spot, and, with an eye to business, appreciating its adaptability for a town site in the future, they determined to remain and make claims. Mr. Sturgis claimed the north part of the present town of Cedar Falls, including the mill site, and Adams selected his claim farther south, near what is now called Dry Run. Sturgis built a double log cabin on the bank of the river, and broke five acres of prairie. Adams built a cabin on his claim, about two miles from Mr. Hanna's, and also broke about five acres. This breaking by Sturgis and Adams was the first breaking done in Black Hawk County. "Adams soon returned to Iowa City," says George W. Hanna, the only settler of 1845 now living in the county. " Sturgis had some hands, and commenced getting out timber for a mill, but his family got sick, and he and his family went back to Iowa City again, leaving a Dutchman to work his claim, and not intending to return until other settlers came in. The man he left had a claim where Hon. Jeremiah Gay now lives (on Miller's Creek), and the creek took its name from him." To Mrs. Sturgis must be accorded the credit of being the pioneer white woman of Black Hawk County. " In the Fall," says Mr. Hanna, " Sturgis and his wife, and Adams, and his wife and his little boy John, came back and occupied the cabins they had built in the Spring previous." The Chambers' cabin was yet standing as he had left it, but soon after Sturgis and Adams moved to their claims in the Fall, it singularly enough tumbled into the river. By what mysterious agency this result was produced is not known, but it is said that Sturgis had a theory upon which the phenome- non was to be explained; but he never, so far as is known, made the explanation. When the mill was built and the town of Cedar Falls was laid out, Sturgis' cabin proved to be near the upper end of the race, at the foot of Washingtonj street, where it remained until, a few years ago, it was removed to give place to a more permanent and graceful building. In May or June, 1845, John Hamilton and his sons, also from Johnson County, arrived and made claims near Sturgis and Adams.' They brought a team and breaking-plow with them, and broke some prairie. The Hamiltons did not remain long. Becoming dissatisfied, they abandoned their claims, returned to Johnson County, and left Sturgis and Adams the only white men in the county, whose nearest white neighbors were at Quasqueton, Buchanan County, and Fremont (Vinton), Benton County. They, too, had gone when, on the 18th day of July, 1845, George W. Hanna, with his wife and two children and his wife's brother, John Melrose, arrived and located on Section 20, Town 89, Range 13, about half-way between Sturgis' Falls and Prairie Rapids. If Mrs. Sturgis is fairly entitled to the honor of being the first white woman in the county, Mrs. Hanna has the honor of being the first to permanently settle here. In the Fall, about the time Sturgis and Adams moved in, William Virden and his family, consisting of his wife and little daughter, settled about half a mile southeast of Hanna's cabin, on what in 1878 is known as the " Glover Farm." The four families of Hanna, Sturgis, Adams and Virden, numbering thirteen souls, comprised the entire permanent population of Black Hawk County in the Winter of 1845-6. Mr. Sturgis made some progress with his dam across the Cedar at the head of the Falls during the Fall, but owing to the difficulty in obtaining " hands," the work progressed very slowly. 312 HISTORY Of BLACK HAWK COUNTY. Capt. Boone, of Missouri, visited Iowa in the Summer of 1836, and in the Fall of that year gave James Newell, then living in the vicinity of Muscatine, a glowing description of the region about the three forks of the Cedar, through which he had passed some years before in command of a squad of eleven soldiers, marching from Council Bluffs to Prairie du Chien. So much pleased had Boone been with the beauty of the surroundings that he halted his party there for four days, and spent the time in hunting and fishing. In the Spring of 1845, James Newell and Harris Wilson started out from the vicinity of Muscatine to visit the country along the upper part of Cedkr River. At Marion, they were informed that the last settler northward lived seventeen miles out, and that after they passed that lonely cabin they must keep a sharp look-out, for the Fall before the Indians had robbed two brothers named Ward who had been trapping along the Cedar. The two explorers met James Chambers as they proceeded northwestward, who told them it was a fine country along the Cedar, but that no white man could live there in safety, because it was neutral ground for the Sacs, Foxes, Winnebagoes and Sioux, The first night in Black Hawk County, the two men camped near where Gil- bertsville was afterward laid out. Near where Waterloo now stands', they crossed an Indian trail leading from Fort Atkinson to Indiantown, on the Iowa River, which crossed the Cedar at the rapids above. The men left the ford to the left, and came to the Cedar again near where Janesville now stands, where they crossed and explored the country between the Cedar and the Shellrock. While camping in the vicinity, a heavy rain occurred. They forded the Shellrock with great difficulty, and in crossing the Cedar the water filled their wagon-box. Wilson was hardly satisfied with the forks of the Cedar, but Newell had made up his mind to settle there. Returning, Wilson was better pleased with the land north of the Rapids, where Sturgis had just made his claim, but objected to the whole country as being too far from Muscatine. The two travelers decided they must visit Sturgis, and on the way Newell picked up a piece of coal, which Wilson suggested had been carried thither by ice. Arriving opposite Sturgis Rapids, they found a small canoe at the eddy below, into which they got, Nawell rowing. When they reached the main cur- rent, Wilson became frightened and stretched himself in the bottom of the boat, whimpering, praying and begging Newell to set him on shore. When they reached the south bank, Wilson sprang out and remarked that he'd "be d — d if Newell would get him in that boat aigain." They did not find Sturgis, and had nothing to do but to return to camp. That evening, Wilson visited the bank of the second bottom, and found flood-wood about seven feet higher than their camping ground, which convinced him he did not want to settle there. The following Fall, 1845, Newell returned to the forks of the Cedar, called "Turkey Foot Forks " by the Indians, accompanied by his brother Robert, Walter Fillman and Joseph Brown, but was much incommoded on the way by an attack of ague. His companions built him a cabin, and, not fancying the region, they soon returned down the river, Newell going back with them, fully determined to return to his claim as soon as possible. TRESPASSING ON THE PUBLIC LANDS. In January, 1846, James Newell and Hugh Rawdon started up the Cedar, with the intention of cutting cedar logs and rafting them down. They engaged Charles Hinkley, of Benton County, to go with them as guide. They found tbfi Dif.kfiVsriTis (inttinDf Incrs np.a.r fhp mcmfh of Tlicr O.rpcA: The T)if>lrpranns HISTORY OF BLACK HAWK COUNTY. 313 informed them that " Cedar " Johnson had begun cutting eight miles above Big Creek in 1844. They found Johnson's cabin and moved in without ceremony, sending Rawdon back for grain for the teams. Johnson heard that his cabin was occupied, and sent word up the river for the party to vacate, or to "prepare their wooden jackets," for he intended to shoot them at sight. But the little party kept at work till they had cut and hauled logs enough for a raft eighty-four yards long. About this time they were visited by John Sturgis, who stayed one night with them. When Newell was about ready to start, Johnson came up in a wagon, with two hands. His desire for human blood was not so great as when he was at Cedar Rapids. Johnson went into the grove, saw that it was badly slashed, and returned to the cabin, where, after being, invited in by Newell, he expostulated mildly about Newell's occupying his cabin, and gave Newell to understand that he intended to sue him for the value of the logs. Newell remarks concerning this, " that it would be a d — d pretty case — two thieves going to law about property they were stealing from the Government." The latter part of March came, and the water being too low for rafting, Newell started for home in a canoe down the Cedar, sold his place and made his preparations to move to Black Hawk County. He reached his cabin May 19, 1846. He mentions that his wagon broke down at Poyner Creek, and that Clark and Giles, of Quasqueton, passed by without offering to help him. He had sold his share of the raft, and was enabled to go to farming in earnest as soon as Jie reached his claim. In spite of the crows, he raised 500 bushels of corn, one hundred of which he sold to the Indians at a dollar a bushel. Wolves were very numerous around Newell's cabin in the Fall of 1846, killing oiF all his chickens but one rooster, whose gills turned white with fear. To save his life, they had to take him in the cabin of nights. In January or February, 1847, James Chambers made Newell a visit. He was going northward with a load of pork, driving up the river on the ice. June 1, 1846, James Virden came to visit his brother William and see the country, and was so well pleased that he made a claim and broke some prairie on the east side of the Cedar, at Prairie Rapids, on Section 23, Township 89, Range 13, just above the original town plat of Waterloo, but he did not build a cabin until the Fall of the next" year. June 24, Charles Mullan and family, wife and two children (Mrs. Mullan was a sister of James and William Virden), located on the west side of the river, opposite Prairie Rapids, and built a log cabin on the northwest quarter of Section 26, Township 89, Range I'i. The first actual settler near the future city, Andrew Jackson Taylor, and his family, settled at Sturgis Falls about the same time. E. G. Young settled at Turkey Foot Forks, near Newell's, in the Fall of 1846, and two Williams families settled in the vicinity. Mr. Sturgis continued work on his dam during this year, but did not succeed in completing it. THE FIRST SCHOOL on the territory of the future county of Black Hawk was "kept" at Sturgis Falls, during the Summer of 1846, by Mrs. A. J. Taylor, with six scholars, who doubtless acquired the rudiments of knowledge under Mrs. Taylor's tuition just as readily and thoroughly as the pupils of a generation later with infinitely bet- ter advantages have done. The first election occurred in August, 1846 (see "First Election" on suc- ceeding pages). 314 HISTORY OF BLACK HAWK COUNTY. It is said that when the Winter of 1846-7 set in, there were ten white families in the entire area of Black Hawk County, now so densely populated. Berry Way and another young man, well-known thieves from the Lower Cedar, made a trip through Black Hawk County in March, 1846, stop- ping at Newell's logging camp over night. The next morning, they proceeded up the Cedar, spent the night with ".Big Wave," a Winnebago Chief, and to requite that chief's hospitality, stole two valuable horses from him before day- light next morning. About twenty of Big Wave's band pursued them, and found them at a singing school near Center Point. They threatened to shoot the trio, but the settlers interfered and persuaded the Indians it would be best to place the thieves under arrest and let the law take its course. The scoun- drels were accordingly confined in jail at Marion, but soon after escaped. In December, 1846, Winnesheik, the head chief of the Winnebagoes, paid Newell a visit, accompanied by Big Wave and 250 men and wonien. The Indians camped for the Winter in the grove near Newell's. In February, 1847, a band of Pottawatomies, 250 in number, came and camped on the Cedar also, soon after which, both bands celebrated their meeting with a feast and dance. In the Spring, the Indians broke camp to make sugar, the Winneba- goes going up the Shell Rock, and the Pottawatomies coming down the Cedar toward Sturgis Rapids. INDIAN RAID. It is said that during the first year of the settlement, probably in 1846, the Sioux made a raid down the Cedar, and surprised and killed nine Winneba- goes near Newell's Ford, on Turkey Foot Forks. The next year, the Winne- bagoes surprised a camp of Sioux about twenty-five miles above, while the braves were absent hunting, and killed twenty-seven squaws and papooses. Mr. James Virden, however, thinks that originally the twenty-seven squaws and papooses were a Sioux brave and a boy, only two, increased to twenty-seven by the lapse of years. In Febuary, 1847, the Overmans and John T. Barrich came to Sturgis Falls. Sturgis was trying to build a dam and mill, but his resources were very limited, and he finally concluded to sell, and during the next Fall did sell, to John W. Overman, D. C. Overman and Barrick, his claim of 280 acres of land, including the mill site and improvements, for |2,200, Barrick borrowing $500 of James Newell to make part payment for his share of the purchase. The new firm pushed the work with such energy that early in 1848 they had the saw-mill — the first in the county — in operation, and in 1850, in a shed addition to the saw-mill, the company put in one run of stones cut from a granite bowl- der in the vicinity. This was the first grist-mill in the county, and was of great service to the settlers who patj-onized it for a hundred miles north and west. COJILDN't scare HIM. About 1847, Moses Bates, from Western Indiana, located on Section 14, Township 87, Range 11 (Spring Creek Township), on the bank of Spring Creek. Bates appears to have been connected with the gang of prairie bandits, and was a " hard case." On one occasion he went to the cabin of Henry Gray, who had settled near him. Abruptly entering his neighbor's house, he roughly inquired of Gray if he knew who his visitor was. Gray said he had that honor, whereupon Bates, who was armed with a rifle, tomahawk, three revolvers and a bowie-knife, informed his quiet neighbor that he might have just three days to pack up his "traps" and leave the county. Gray, however, did not belong to a HISTORY OP BLACK HAWK COUNTY. 315 timid family ; he didn't "scare " worth a cent. His trusty rifle was hanging just , over his head. He coolly took it down, " drew a bead " on his surly neighbor and exclaimed, " D n you, Bates, I'll give you just three minutes to get out from here. Git ! " It is needless to add that before the three minutes had ex- pired. Bates had placed himself at a safe distance from Gray's rifle. On another occasion a German from Allamakee County, in search of some Worses that had been stolen, found them in Bates' possession. There were other evidences of Bates' propensity to appropriate to his own use the property of others, without rendering compensation, and about a dozen stalwart settlers gathered, took the offender into the woods, stripped him and tied him securely to a tree. The men then prudently formed a ring with their backs to the cen- ter while the irate owner of the stolen horses applied a liberal dose of hickory to his bare back. Bates afterward had his castigator arrested, but as there were no witnesses who had seen him chastised, he was unable to maintain his accusation. Bates sold out to John Clark in 1852, and removed to Boone County, where he died. Soon after Bates, Peyton Culver and John Robinson settled near him on the southwest quarter of Section 14, and commenced building a saw-mill on - Spring Creek, but abandoned the project, and after remaining a year or two removed to Marysville. The years 1848 and 1849 were uneventful, and the population of the county did not increase very rapidly. Among those who sought homes in Black Hawk during these two years were William Pennell, H. H. Meredith, J. L. Kirkpatj-ick, Geo. Philpot, Jonathan R. Pratt, Edwin Brown and Samuel! Newell. A VENGEFUL SAVAGE. In the Spring of 1848, after the Indians had been collected at Fort Atkin- son prior to their removal to Minnesota, one of them, "Very Good" Johnson, returned to Turkey Foot Forks, and falling in with Paul Somaneux, got drunk and quareled with him. Somaneux gave him more whisky and paddled up the river to his camp. Johnson went to Newell's house, breathing vengeance toward Somaneux. He then started ofi", and meeting George Newell in the river bottom, after threatening Somaneux, fired at George, one of the buck-shot grazing his skull. George ran to the house, and had just got a satisfactory bead on Mr. Johnson, when Mrs. Newell caught hold of the gun and drew him in the house. His brother Thomas coming along just then, saw Johnson in the act of leveling his gun on George again. Thomas snatched the piece from the Indian, and took it into the house, Johnson following. There Thomas took the drunken vagabond in hand and inflicted a punishment that left him with a couple of fractured ribs, which made him roar for mercy. The impudence of Johnson was sublime. On his way to his camping place up the river he met James Newell, who, being struck with the scamp's woe-begone appearance, asked him what was the matter. Johnson's only answer was a grunt. Noti- cing that the scamp had his blanket wrapped around his noble form although the weather was hot, Newell snatched it off, when it was very evident what ailed the vagabond. The Indian, in reply to Newell's questioning look, merely said, " Two ribs— Thomas no good," andmade off. Had Newell known of the affray it is probable the Indian would have had more bones broken. "black hawk store." During the Summer of 1860, Andrew Mullarky removed from Independ- ence to Sturgis' Falls, brought a small stock of goods and opened a store. He 316 HlSTOflY OF BLACK HAWK COUNTY. occupied a small building on the north side of First street, which served for both store and residence. This was soon named the "Black Hawk Store," the first in the county, and, like the mill, drew custom for a hundred miles north and west. ' POPULATION IN 1850. In 1850, according to the United States census of that year, there were 26 families in the county, with a total population of 135 persons ; 75 males and 60 females. The whole number of children attending sehool was four, and there were two births and two deaths during that year. There were 389 acres of improved land ; farming implements valued at $655 ; 15 horses, 39 cows, 28 oxen, 41 head of other cattle, 40 sheep and 183 hogs. The entire productions of the county in that year were 160 bushels of wheat, 2,150 bushels of corn, 100 bushels of oats, 75 bushels buckwheat, 120 pounds of wool, 3,364 pounds of maple sugar, and 615 pounds of honey. In 1852 the population had increased to 315. FIRST BIRTHS, WEDDINGS AND DEATHS. The first white child born in the county was Jennette, daughter of William Sturgis, born Oct. 1, 1846. The first white male child was Henry F. Adams son of E. D. Adams, who was born three days after Jennette Sturgis. The third birth was Emily Hanna, March 7, 1847. The first wedding, so far as can now be ascertained, was that of James Vir- den and Charlotte Pratt, at the house of Jonathan R. Pratt at Cedar City. The license was obtained from the County Judge of Buchanan County, Feb. 25, 1851, and the wedding took place on the 27th, George W. Hanna, Justice of the Peace, ofiiciating. The records of Buchanan County show the following marriages under that jurisdiction, viz.: David S. Pratt and Miss Jane Sturgis, license issued Sept. 16, married by Edwin Brown, Justice of the Peace, Sep- tember 21, 1851 ; James S. Hampton and Mary Ann Payne, license dated June 22, married June 27, 1852, by Geprge W. Hanna, Justice of the Peace; Marquis L. Knapp and Mary Streeter, licensed Sept. 3, married Sept. 5, 1852, by G. W. Hanna, Justice of the Peace; James Keeler, Jr. and Cornelia Streeter, married Sept. 21, 1852, by James Keeler, Justice of the Peace; Adam Shigley and Aurelia S. Harwood, license issued June 13, 1853, married June 14, by Benoni Harris, local preacher. The first marriage of any resident of Black Hawk, however, was that of James Newell. His wife died June 2, 1847, and his family, one an infant born May 21, 1847, needed the care of a mother; accordingly he found Mrs. Howard in Cedar County, and married her there, Nov. 7, 1847. The first death was James Monroe Hanna, infant son of George W. and Mary Hanna, who died Oct. 18, 1845. The second was Mrs. James Newell, June 2, 1847. The third death, so far as is known, was that of Mary Virden, 2 years old, daughter of William Virden, whose clothes took fire accidentally, and she was so badly burned that she died soon after, in 1848. In 1847, Ret. Mr. Collins, a missionary of the Methodist Episcopal Church, visited the region and held religious services in Mr. Mullan's cabin at " Prairie Rapids" and at other places in the county where there were any settlers to listen to him. Rev. Mr. Johnson, also a Methodist, preached to the pioneers of Black Hawk a little later in the same year. It is pefhaps a little singular that no post office was established in Black Hawk County until Jan. 3, 1850, when Dempsey C. Overman was appointed Postmaster at Cedar Falls. The arrival of the first mail was quite an event, HISTORY OF BLACK HAWK COUNTY. 317 but for some time tlie mails were so small that the Postmaster used to carry the letters in his hat, delivering them a^ he happened to meet the persons addressed. It is not known that there were any other carrier deliveries in the State at that time, and Mr. Overman may be called the Pioneer Letter Carrier of Iowa. The mails were carried on horseback by Thomas W. Case, and the receipts of ■the first quarter were $2.50. It was nearly two years after the estabhshmerit of the first post office at Cedar Rapids before the second one was established at Waterloo. In the Summer or Fall of 1851, Charles Mullan circulated a peti- tion for a post office at Prairie Rapids, or "Prairie Rapids Crossing," as the little hamlet was then called, and asking for the appointment of Charles Mullan as Postmaster. The petition had seven signatures. The petitioners had not agreed upon a name for the post office, but left the selection to Mr. Mullan, who, when he took the petition to Cedar Falls to be indorsed by the postmaster there, looked through the list of post offices in the United States to find a name. He found Waterloo; was pleaded with it, selected it, and in due time the necessary papers were received, dated December 29, 1851. The post office being named Waterloo, the town and township were designated by the same name. In 1851, Mr. John T. Barrick had disposed of his interest in the mill property to the Overmans, Edwin Brown and Dr. H. H. Meredith. This change brought into the combination considerable capital, which was at once applied to developing the water-power. The race was increased in width and depth, and the brush dam was replaced with one of logs and plank, and soon after a three-story flouring mill was erected. But this was not all. A town plat was surveyed, and the little settlement for the first time received the name of Cedar Palls. The plat was not recorded, however, and two years later the town was again surveyed and recorded as Independence. John R. Cameron purchased the first lot, on the southeast corner of Main and Second streets, on which he erected a frame building for a store, which is still standing. The first frame dwelling was that of Samuel Wick, on First street, near Main. At the time the plat was made, there were nine log cabins and forty inhabitants ' in the new town of Cedar Falls. The first lawyer to settle in the county was Samuel Wick. He settled at Cedar Falls, and was, there in 1850. The first lawyer at Waterloo was John Randall. i j t-, i When Black Hawk County was created, in 1843, it was attached to Dela- ware County; but in 1845 it was attached to Benton County, and in 1846, states G-eo. W. Hanna, Esq., under Benton jurisdiction, an election was held at the house of E. D. Adams, near the Falls. At this election, Geo. W. Hanna, E. D. Adams and John Melrose were the judges, and William Sturgis and a man from Benton County, whose name is forgotten, were the clerks. George W. Hanna, B. D. Adams and John Melrose were elected Justices of the Peace at this election, who held their offices for five years, as Mr. Hanna states that after that first election, in 1846, there was none held until 1851. The first action of the County Commissioners of Buchanan County, relating to Black Hawk, was recorded April 14, 1851, when the following entry was made: 4Dclieation of Black Hawk County and Bremer County to be set off into separate election crecincts allowed. Black Hawk to be one, and Bremer to be one, and election ordered on the 28tl?dly of April i^s'- ^' '" ^^"-"^ Hawk County, and at J. H. Messmger's in Bremer. Under this order, the second election in Black Hawk County was held at the house of John T. Barrick. There are no records of the meeting, but it is remembered that 'Squire Hanna was re-elected Justice of the Peace, and Edwm 318 HISTORY OF BLACK HAWK COUNTY. Brown was elected Justice of the Peace, and John Melrose and Norman Williams, Constables. The first assessment rolls of Buchanan County on which the names of Black Hawk settlers appear, were made in 1851, when the following citizens of Black Hawk were assessed, viz.: E. D. Adams, F. Davenport, D. S. Pratt, D. S. Pratt & Co., William Virden, Overman & Co., Brown, D. C. Over- man, E. Brown, J. Morgan, Mahlon Lupton, F. Hohiner, A. Mullarky, George Philpot, David Davis, &. W. Hanna, J. Melrose, John Virden, R. Jones, L. Downing, William Sturgis, Henry S. Crumrine, James Wadell, C. MuUan, Geo. Ellis, Hiram Hampton, James Virden, G. B. White, John Crumrine, J. L. Kirkpatrick, J. H. Pennell, Chas. McCaffree, Thomas Pinner, A. Nims, Moses Bates, 0. H. Hadon (Hayden), — Layseur, J. H. McRoberts, John Clark, Isaac Virden, C. H. Wilson, S. Wick, Perrin Lathrop, J. R. Pratt, Thomas Newell, S. S. Knapp, M. L. Knapp, C. F. Jaquith, Benj. Knapp, Elbridge (G.) Young, A. C. Finney, John Fairbrother, W. W. Payne, J. T. Barrick, S. T. Vail. In 1850, a man named Brown settled on Section»22, Township 87, Range 11 (Spring Creek), and Henry Gray located in the northeast part of the town- ship in 1851 ; and in 1852, Charles Sturtevant, Edmund Sawyer, Henry Gipe, William Gipe, Jesse Shimer and D. B. Seeter settled in the same township. About 1850, a supply of flour and meal became a matter of no small importance to the little settlement at Sturgis' Rapids (Cedar Falls). There was no grist-mill in the county, and very little grain raised. ■ The Mississippi River was the nearest point at which supplies of that essential commodity could be obtained. John T. Barrick was chosen to go for such supplies, the country affording plenty of meat in the wild game that was here in abundance. He accordingly made the journey to Muscatine, but was much delayed by high water, there having been a great deal of rain. He was able in about five weeks to return as far as Big Creek, where the city of La Porte now stands. He found the creek impassable, on account of its height, with a large camp of Indians waiting on its banks for the return of their hunters, who had gone out on a buffalo chase. He tried in vain to procure the assistance of the Indians in crossing the swollen stream. They would assist with their canoes if he would give them half of his flour, which he refused to do, though offering to pay them liberally for their assistance. In the mean time the hunters returned, after a successful chase, and learning the situation of our hero,' they also attempted to enforce the tribute which their comrades had demanded ; but failing in nego- tiations, they took him prisoner and took his team from the vicinity, but did not attempt to pilfer his flour. The second day they became tired of holding him, and set him across the creek with orders to leave. Returning to Sturgis' Rap- ids, he procured the assistance of some mutual friends and returned for his team and ^agon. After some parleying and considerable pay, the team was brought back, his load ferried across, his wagon floated over, and they successfully started on the road to their settlement, where they arrived in due time, and thus another Indian massacre was happily avoided. About this time, some men, supposed to be horse-thieves, having built a small cabin near the bank of the river, spent the Winter in cutting cedar timber for fence poses and piling it on the river bank preparatory to rafting it to St. Louis. The settlement at Sturgis' Rapids being aware of the fact, and not fancying such near neighbors, made a raid upon the timber thieves, burned their cabin and timber, stampeded their teams, and drove them from the country. HISTORY OF BLACK HAWK COUNTY. 319 In 1851, 0. M. Hayden opened a farm on Miller's Creek, near Cedar Valley, where he remained some twenty years. Soon after, George Cook set- tled where La Porte now stands, followed soon after by John G. Forbes, two miles above, James Blanzy, John Walker, Robert Harris, Lewis Smith Eldridge, Joseph and William Boun, in that immediate vicinity and near La Porte, John Dees, James Hamer, Byron Stewart and Jesse Wasson, who laid out the town of La Porte. Amasa Nims located on Section 26, Township 89, Range 12, in 1850, but sold his claim to Benjamin Winsett in 1852, and removed from the township. BRADFORD LAYS IN ITS PORK. In the Spring of 1851, James Newell, at Turkey Foot Forks, had twenty- five head of swine stray away. He searched for them far and wide, but could not find them. In the Fall, he heard that they were in the vicinity of where Waverly now stands; but when he went up, they were half way to Bradford. A settler named Forest proposed that if Newell would bring him some corn, he would feed them to keep them tame. Newell went home, and, as soon as he could, took a large load of new corn to Forest's cabin, but he had just sold out and had made a new claim about a mile off. Newell drove to Forest's new cabin, but he was not at home. Newell carried the corn into the cabin, and went home. When the first snow fell, late in November, Newell started with some men to gather and kill his swine. On the way he met an acquaintance who told him that Forest had sold the hogs to the people of Bradford; that two loads had been killed, and the remainder would be slaughtered that day. New- ell, in his narrative, says, "Well, I knew the jig was up; for there was not a man in the place you could collect a dollar of, if there was either law or gospel there, and there was neither." io i • The Third General Assembly, by a joint resolution approved.Feb. 5, 1851, m- structed the Iowa Senators and requested her Representatives in Congress to use their influence to secure to the people of the State forty-six additional mail routes ; among them were, (19) from Cedar Falls in Black Hawk County, to Fort Clark on the Des Moines River ; (29) from Centerville in Fayette County, by way of Cedar Falls in Black Hawk County, to the county seat of Marshall County. By act of the Third General Assembly, approved Feb. 5, 1851, State roads were provided for in Black Hawk County as follows : James AUensworth, of Linn County, John Alexander, of Benton t.ounty, and David S. Pratt, of Black Hawk, were appointed to locate and estabhsh a State road from Center Point in Linn County, on the most practicable route to MarysviUe in Benton County, thence in a northwesterly direction via the resi- dence of James Virden to the Big Woods near the residence of John H. Mes- senger, to Rice's old trading house. ^ -„ i. n ^ a Thomas W. Close and Isaac L. Hathaway, of Buchanan County, and Andrew Mullarky, of Black Hawk County, were appointed to lay out and estab- lish a State'road from Independence to Cedar Falls. .,-,,, ^ John Barriek, Edwin Brown and David S. Pratt were appointed to locate a State rokd from Cedar Falls in Black Hawk County, to the county seat of Marshall County. „ , , , ox .. j Samuel Davis, Benjamin Knapp and Daniel Parker, to locate a State road from Cedar Falls'to Fort Clark. „ , . o^ ^ a Charles Mullen, James Virden and William Pennell to locate a State road from Independence to intersect the road from Cedar Rapids to Cedar J^alls, at or near the residence of Charles Mullen. 320 HISTORY OF BLACK HAWK COUNTY. By an act approved Feb. 5, 1851, Black Hawk, Bremer, Butler and Grundy were attached to Buchanan for judicial, election and revenue purposes. The first entries of land in each township in the county, made at the United States Land Office, are as follows : Township 90„ Range 11 (Lester) — Joseph Potterf entered a part of Sectiofi 36, July 21, 1851 ; Caspar Rowse entered a part of Sec. 14, July 23, 1851 ; David S. Wilson, H. W. Sanford, Frederick E. Bissell, George Counts, John Somers, Alvin S. McDowell and John Stobie entered land in this township in 1852. Township 90, Range 12 (Bennington) — Allen C. Fuller entered a part of Sec. 36, July 20, 1854. Nearly all the land in this township was entered in 1855. Township 90, Range 13 (Mt. Vernon) — William Bergin entered a part of Sec. 3, July 21, 1852; Thomas Gordon entered a part of Sec. 3; William Joshua, Barney and William Kern entered in 1852. Township 90, Range 14 (Washington and Union) — James W. True entered July 18, 1850 ; Benjamin Knapp entered a part of Sec. 27, Nov. 1, 1850 ; James Newell entered Jan. 18, 1851 ; John Fairbrother, C. H. Wilson, Valorious Thomas, E. G. Young, C. F. Jaquith, Wm. Kern, John C. Higgin- son, James L. Cumons, Margaret Roberts, Simon Wyatt, Jr., James Sween, Alfred Goss, Solomon S. Knapp, James Carlisle, S. M. Knapp, Jesse Morgan and others, entered in 1851. Township 89, Range 11 (Barclay) — Joseph Potterf entered a part of Sec. 13, and Edward Moiney entered a part of Sec. 12, June 16, 1851. Township 89, Range 12 (partly in Poyner and partly in East Waterloo) — John Crumrine entered a part of Sees. 31 and 32, Dec. 5, 1850 ; Caleb H. Booth, John L. Kirkpatrick and Joseph M. Pennell entered in 1852. Township 89, Range 13 (Waterloo and East Waterloo) — Alvin R. Dunton entered parts of Sees. 22 and 23, July 24, 1847 ; George W. Hanna entered a part of Sec. 17 and the northeast fractional half of Sec. 26, July 26, 1847 ; John Hersley entered a part of Sec. 21, Sept. 13, 1849 ; James Waddell entered a part of Sec. 6 ; Wm. M. Dean, John M. McDonald, H. S. Crum- rine, Lyman Downing entered in 1850, and Andrew MuUarky, John Adams, Norman W. Tottingham, Richard Goodwin, Oscar Virden, S. B. Philpot, James Wilson, America Mullan, William Virden, Cephas Clearwater, Peter Powers and Jacob Witten entered in 1852. Township 89, Range 14 (Cedar Falls) — William Sturgis entered a part of Sec. 12. Oct. 9, 1847 ; Jackson Taylor entered in 1849 ; George Philpot entered in 1850. Township 88, Range 11 (Fox) — Frederick E. Bissell entered Sept. 29, 1852 ; John A. Dunham entered a part of Sec. 19, Nov. 10, 1852. Township 88, Range 12 (Poyner and Cedar) — H. W. Sanford entered Feb. 1, 1850; Samuel Owens entered a part of Sec. 6, June 6, 1850. Township 88, Range 13 (Orange) — Samuel Owens entered Jan. 6, 1850. Township 88, Range 14 (Black Hawk) — Robert A. Jones entered Dec. 17, 1851. Township 87, Range 11 (Spring Creek) — Moses Bates entered parts of Sees. 11, 12 and 14, Sept. 11, 1849. Township 87, Range 12 (Cedar and Big Creek) — David Baker entered ^a part of Sec. 3, and Samuel D. Warner entered a part of Sec. 15, Jan. 2, 1852; Otto F. Hayden entered a part of Sec. 2, July 10, 1852. HISTORY OF BLACK HAWK COUNTY. 321 Township 87, Range 13 (Eagle) — Joseph H. Mead and Cicero Close entered Sec. 13, Jan. 3, 1854. Township 87, Range 1-4 (Lincoln) — Madison E. HoUister and Watson V. Coe entered July 5, 1854. In April, 1851, the County Commissioners of Buchanan County erected Black Hawk County into a voting precinct, and ordered an election. In August of that year, the County Commissioners were superseded hy a County Judge. March 1, 1852, the County Court of Buchanan divided Black Hawk County into two voting precincts, as follows : Ordered, By the Court, that that portion of Black Hawk County lying west of Cedar River and north of Black Hawk Creek compose one precinct, to be called Cedar falls Precinct ; that an election be held in said precinct on the first Monday in April next, at the house of A. MuUarky ; and the Court appoints D. C. Overman, E. D. Adams and Edwin Brown Judges of said Election. And it is FuTthtr Ordered, By the Court, that all that portion of Black Hawk County lying east of the Cedar River, together with that portion lying west of Cedar River and south of Black Hawk Creek, shall compose one precinct to be called Black Hawk Precinct ; that an election shall be held in said precinct on the first Monday in April next, at the house of Jeremiah Pratt ; and the Court appoints Jeremiah Pratt, Charles MuUan and Samuel Wick Judges of said Election. 0. H. P. RoszELL, County Judge. Evidently some error occurred in the ahove order, or the people were not satisfied with the action of the Court, for on the 8th of March, one week later, the orders of the 1st were revoked, and Judge Roszell Ordered, That all that portion of Black Hawk County lying north of the correction line* and west of the Cedar River compose one precinct to be called Black Hawk Precinct, and that an election be held in said precinct on the first Monday in April next, at the house of Andrew Mullarky ; and Edwin Brown, E. D. Adams and Samuel Wick are hereby appointed Judges of Eleeiion. It is further ordered, That all that part of Black Hawk County south of Black Hawk Creek and west of Cedar River, together with all that portion south of the correction line and east of Cedar River, shall compose one precinct to be called Cedar Precinct, and that an election shall be held in said precinct on the first Monday in April next, at the house J. A. Durham ; and Charles', Mullan, J. A. Durham and Moses Bates are hereby appointed Judges of Election. There are no records to show that elections were held at the places and times designated, except that on the 3d day of May, 1852, Judge Roszell ordered the payment of the Judges of Election aforesaid, from which it is to be inferred that the elections took place. Cedar Precinct was divided Oct. 2, 1852, by order of the County Court of Buchanan Co., as follows: Ordered, By the Court, that the precinct called Cedar Precinct, in Black Hawk County, be divided,. and that part lying west of Cedar River shail form one precinct to be called Cedar Pre- cinct, and that portion lying east of Cedar River shall form a new precinct to be called Prairie Precinct ; and the Court orders an election to be held in said precinct on the 2d day of November next, at the house of John A. Durham, for the purpose of voting for Presidential Electors.. It w further ordered. By the Court, that Prairie Precinct extend one mile north of the correc- tion line, and be bounded on the north by the Section line running parallel with the correction line, at a distance of one mile north of said correction line. There are no records of this election ; no poll books are to be found either in Buchanan or Black Hawk County archives ; but it is said that the first election was held at the house of Benjamin Winset, and that James H. Hampton was elected Clerk ; Nathan Poyner, Justice of the Peace, and T. Van Eaton, Con- stable, run A J-+ Among the ancient papers preserved in the oflBce of the County Auditor, are lists of real and personal property in Prairie Precinct, Black Hawk Co., made in the Spring of 1858, from which the following Aames of residents are * The correction line falls at the south line of the tier of townships numbered 89. 322 HISTORY OF BLACK HAWK COUNTY. compiled : Benjamin Winset, John Clark, Felix G. Walker, T. B. Van Eaton, Wilson Sawyer, Edmund Sawyer, Thomas Poyner & Co., John Perry, Joseph Perry, William Pennell, Mispah S. Oxley, George McConnell, Charles McCaf- frey, Michael Lanning, Stephen Howell, John Helton, Steven Helton^ J. H. Hampton, Daniel Walker, Henry Gray, D. G. Ellis, Jacob Bunting, Barney Bouck, George Arthur, Elizabeth Crumrine, George Clark, Henry Clark. June 26, 1852, the County Court of Buchanan Co. levied a tax on the taxable property of the county of Buchanan, and counties attached, viz. : Black Hawk, Bremer, Butler and Grundy. The tax was one and one-half mills on the dollar for State purposes, four mills for county, one-half mill for schools and one mill for roads. March 16, 1853, Charles Mullan was appointed Justice of the Peace to fill a vacancy till the April election. June 30, a vacancy having occurred in the office of Justice of the Peace in and for the county of Black Hawk, by the removal from said county, of George W. Hanna, the Court appointed George W. Christy to serve till August, 1853. By act approved Jan. 22, 1853, the counties of Dubuque, Delaware, Clay- ton, Allamakee, Winnesheik, Fayette, Buchanan, Black Hawk, Bremer, Chick- asaw and Howard were constituted the Second Judicial Circuit. By act approved January 22, 1853, E. L. Adams, of Black Hawk, Daniel Preeley, of Buchanan, and H. D. Wood, of Delaware, were appointed to locate a State road from Cedar Falls, via Greeley settlement, and Richardson's Grove, in Buchanan, Turner's Mill, Eads' (xrove and Dickson settlement to Buena Vista, in Clayton County. E. A. Bunn, of Black Hawk, John Blunt, of Chickasaw, and W. C. Stan- berry, of Benton, were appointed to locate a State road from Fremont (Vinton), Benton County, to Waterloo; thence to John H. Messenger's, in Bremer ■County ; thence to Bradford, in Chickasaw County. James Newell, Jesse Morgan and William Payne were appointed to locate & State road from Cedar Falls through Beaver and Gohen GroveS, in Butler Colinty, through Babas Grove, in Floyd County, thence to Clear Lake. By joint resolution, January 22, 1853, the Legislature asked for a mail route from the county seat of Black Hawk County to Fort Dodge ; for extra line from Dubucfue to Cedar Falls, in Black Hawk County, by a four horse coach three times a week. The first store in Waterloo was opened by Nelson Fancher in 1853, in a log cabin near the present residence of G. R. Crittenden. By the appointment of 1853, the counties of Fayette, Chickasaw, Butler, Bremer, Black Hawk, Grundy, Franklin, Cerro Gordo, Floyd, Howard, Mit- chell and Worth were constituted the third district, entitled to one represent- ative. LOCATION OF THE COUNTY SEAT. Section 1 of " An Act to locate the seat of justice of Black Hawk County," approved January 22, 1853, provided, " That A. J. Lowe, of Delaware County, S. S. McClure and Edward Brewer, of the County of Buchanan, be and they are hereby appointed Commissioners to locate and establish the seat of justice of Black Hawk County. Said Commissioners, or any two of them, shall meet at the house of E. D. Adams, in Black Hawk County, on the first Monday of May next, or within two months thereafter, as a majority of them may agree, in pursuance of their duties," etc. By the same act, the counties of Bremer, HISTORY OF BLACK HAWK COUNTY. 323 Grundy and Butler were attached to Black Hawk for judicial, election and revenue purposes. On the 9th day of June, A. D. 1853, the Commissioners met at the house of E. D. Adams, in the village of Cedar Falls, and performed their duties under the law. The following report appears of record on the minute hook of the County Judge of Buchanan County : A Record of Commisdoners' proceedings, locating the county seat of Black Hawk : A. J. Lowe, S. S. McClure, Edward Brewer, Commisaionera, sworn on the 6th day of June 1853, before 0. H. P. Roszell, Cpunty Judge of Buchanan. We, the underaigned Commisaionera' appointed by an act of the Legialature of the State of Iowa, anproved Jan. 22, 1853, to locate andestabliah the county aeat of Black Hawk County, would reapectfuUy report that, after com- plying with the requisitions of the law in relation thereto, we met at the place specified, and within the time required by said act, and proceeded to examine aaid county, and on mature •deliberation, after aaid examination, have selected certain lota, hereinafter designated, in the village of Cedar Falls, in said county of Black Hawk, which aaid lota are now deeded by the proprietors of said village to the county, and are described as follows : Lots 2 and 3, in Block 4 ; Lots 1, 2, 3 and 4, in Block 15 ; Lots 6 and 7, in Block 11 ; Lots 6 and 7, in Block 12; Lots 6 and 7, in Block 13 ; Lots 6 and 7, in block 23 ; Lots 6 and 7, in Block 24 ; Lots 2 and 7, in Block 33 ; Lots 3, 6 and 7, in Block 34 ; Lots 3 and 6, in Block 35 ; Lots 3 and 7, in Block 32 ; Lots 2 and 3, in Block 25 ; Lots 2 and 3, in Block 22 ; Lots 2 and 3, in Block 36 ; Lots 6 and 7, in Block 37 ; Lota 6 and 7, in Block 38 ; Lots 3 and 6, in Block 30 ; Lots 3 and 6, in Block 29 ; Lots 3 and 6, in Block 28 ; Lots 3 and 6, in Block 27 ; Lots 3 and 6, in Block 31 ; Lots 2 and 1, in Block 26; Lots 2 and 7, in Block 19; Lot 2, in Block 14 in the village of Cedar Falls, in Black Hawk County, Iowa ; also Lots 1, 2 and 10, in Block 4 ; and Lots 3, 4 and 5, in Block 3, in Dean and Garrison's addition to the said village of Cedar Falls, in Black Hawk County, Iowa, and designate the said lots collectively by the name of Cedar Falls, county seat of Black Hawk County. Signed, A. J. Lowe, "j S. S. McClure, >- Oommissioners. EnwAED Brewer, ) ORGANIZATION OF THE COUNTY. The county seat having been authoritatively located, the people of the county began to think about organization, arid justly considered themselves capable of running county machinery of their own. The following entry on the records of Buchanan County, made Jan. 30, 1853, indicates that a petition was circulated for an organizing election very soon after the location of the county seat. A majority of the legal voters of Black Hawk County having petitioned for the calling of an election in said county, for the election of county officers, it is thereupon ordered that an elec- tion be held in said county on the first Monday in August next, for the election of county officers in and for said county, to wit : A County Judge, Sheriff, Clerk of District Court, Recorder and County Surveyor, for the term of two years from that date, as the law provides ; also a Prosecut- ing Attorney, fM the term of one year ; and a School Fund Commissioner, and a Drainage Com- missioner, to hold their respec tive offices until the first Monday in April, 1853 [4?]. The first election was unquestionably held as ordered above, but the poll books and tally lists are not to be found. They were returned to the County Judge of Buchanan County, and by him turned over, with other documents, to the county authorities of Black Hawk after the election, as appears of record, but they are not accessible. It would be interesting to know the names of the persons who organized this county a quarter of a century ago. At that first election, however, held on the first Monday in August, 1853, the following officers were elected, viz.: County Judge, Jonathan R. Pratt; Treasurer and Recorder, Aaron Dow ; Clerk of the District Court, John H. Brooks ; Prosecuting Attorney, William L. Christie : Sheriff, John Yirden : School Fund Commissioner, H. H. Fowler ; Drainage Commissioner, Norman Jackson ; Coroner, Edmund Butterfield ; County Surveyor, Charles Mullan. It is said that there was no person in the county at that time authorized to administer the oath of office to the new county officers ; consequently, on the 324 HISTORY OF BLACK HAWK COUNTY. 9th day of August, Mr. Pratt, County Judge elect, went to Independence, where the oath of office was duly administered to him by the County Judge of Buchanan County, 0. H. P. Roszell. The first recorded act of the first County Court of Black Hawk County was the administering of the oath of office to the other county officers elect, on the 17th day of August, on which day all their official bonds were filed and approved, and they entered upon the discharge of their official duties. Black Hawk County was now completely organized, with a government of its own. July 4, 1853, was celebrated by the people of the county at Waterloo. A brush tent or arbor was erected on the bank of the river, above Mill Square. The Declaration of Independence was read ; speeches made by John Virden, John H. Brooks and others ; a picnic dinner by the assembled multitude ; after which, the usual patriotic toasts were read and appropriate responses made. The first tax levy was made by Judge Pratt, August 28, 1853, when the Court Ordered, That a tax of six mills on the dollar be levied, for county purposes, including the sup- port of the poor, and with a poll tax of fifty cents on all able-bodied men not over fifty years of age ; and for the support of schools, one and one-half mills on the dollar ; one mill on a dollar for road purposes ; one and a quarter mills on the dollar for State purposes — making a total of eight and three-fourths mills on the dollar. The total amount of taxable property at that time, including the " unseated " land, and also including the other counties attached to Black Hawk for revenue purposes, was $91,608.58. Amount of county tax '. $642 92 Whole amount of State tax 110 27 Whole amount of road tax i 80 11 Whole amount of school tax 39 78 Total 1873 08 The first marriage after the organization of the county was that of Henry Clark and Sarah Winset. Mr. Clark had considerable difficulty in obtaining the requisite license. He came up to Waterloo, forded the river, found the Clerk of the Court, John H. Brooks, who informed the anxious young man that the County Judge was the proper authority to issue marriage licenses. Judge Pratt lived at Cedar City, but he, said the sympathizing Brooks, was absent from home, and it was very doubtful whether the necessary papers were acces- sible. At the earnest solicitation of Mr. Clark, Mr. Brooks accompanied him to Cedar City, when they found that Judge Pratt was not only away from home, but that his trunk was locked. Inside that trunk was the paper Clark wanted. The Clerk was equal to the emergency, however; with a knife for a screw- driver he soon removed the lock, found the necessary paper, which he made out and delivered to Clark on the 27th day of September, 1853. On the 29th, ■ the couple were joined in matrimony, at Spring Creek, Rev. C. N. Moberly officiating on the happy occasion. CITIES AND TOWNS. Cedar Falls, located on Sections 8 and 9, Town 89, Range 14, John M. Overman, Phebe J. Overman, William P. Overman, Harriet C. Overman, Demcy C. Overman and Edwin Brown, proprietors. Acknowledged April 12, 1853, and ordered to be recorded, by 0. H. P. Roszell, County Judge of Buchanan County, April 26, 1853. Twenty-five additions have been made to the original plat. Waterloo, located on Sections 23, 24, 25 and 26, Town 89, Range 18. Plat filed for record June 24, 1854. Surveyed and nlatted bv Charles MuUan. HISTORY OF BLACK HAWK COUNTY. 325 County Surveyor. George W. Hanna, Mary Hanna, Lewis Hallock, Lady A. Hallock, Charles Mullan and America Mullen, John H. Brooks, Lucinda Brooks, proprietors on west side, and Jonathan R. Pi-a^t, James, Virden, i (Char- lotte Virden, B. M. Cooley on both sides. Their several acknowledgments were made, the first in December, 1853. Twenty-six additions ihave been made to the original plat. _, " Gilbertsville, located on Sections 23, 22 and west half, 'northeast quarteir Section 27, Town 88, Range 12. Surveyed and platted by John.Tf, fiolmes, July 2, 1856. John Chambaud and John Felton, proprietors. Ottawa, located on north half of southwest quarter of Section 25, Town 87, Range 12. John Dees and Nancy Dees, proprietors. Surveyed by Joseph Owen. Acknowledged November 6, 1854. Filed for record November 6 1854. Barclay, located on northwest quarter Section 13, Town 89, Range 11. Surveyed by D. A. Sovereign, August 8, 1854. James Barclay, Lucinda Bar- clay, proprietors. Filed for record April 7, 1855. Janesville, located on the northwest of northeast "of Section 2, Town' 90, Range 14. Surveyed July 24, 1855, by George W. Miller. Ma,ry Ann Fair- brother and Hiram Fairbrother, proprietors. Filed forrecord January 12, 1856. Brooklin, located in Black Hawk and Benton Counties. Surveyed April 3, 1866, by Newell Colby, County Surveyor of Benton County.,, H. N. Brooks, proprietor. Filed for record June 22, i860. Cedar City, located on south half of Section 6,, Town 89, Range 13, Sur- veyed by George W. Miller, County Surveyor. WilligijDi M- Dean aijd Sarah Dean, proprietors. Filed for record May 16, 1856. ■'.,_■ , , Hudson, located on west half of Section 26, Town 88, Range 14, Surveyed June 15, 1857, by William L. Miller, Deputy County Surveyor. John L- Alline, Mary Alline and Asaph Sergeant, proprietors. ; Filed for record June 24, 1857. _ .., La Porte City, on south half of Section 25, Town 87, Rang^ 12. Surveyed by Wesley Whipple, Surveyor, January 5, 1855. Jesse Wasson, Junia Wasson, W. Catlin and Rozella Catlin, propritors. Filed for record July 16, 1855,: At least twelve additions have been made to the original plat. ; .-., ., ' nv: .j.'.r, Warren, located on southeast quarter Section 16, Town 87, Range 11 (Spring Creek). Surveyed October 11, 1855, by George W. Miller, County Surveyor. Warren Rahkins, Eliza J. Rankins, proprietors. Filed October' 15, 1855. Fees not paid and never recorded. Good crops are raised dn the site of this town. Raymond, located on Sections 2 and 3, Town 88, Range 12, was surveyed by John Ball, County Surveyor, April 11, 1866. Edward E. McStay, pro. prietor. Filed for record June 14, 1867. ' Finchford, located on Section 7, Town 90, Range 14. Surveyed, June, 1869, by Edwin Rodenberger, County Surveyor. Lewis Goings, Elizabeth Goings, proprietors. Filed for record June 11, 1872. Florence City, was the high-sounding name of a toWn laid out on Section 35, Town 87, Range 11, on Cedar River, March 5,„1855. The plat of the town was presented to the County Court for approval, with a petition asking that it might be recorded, but the Judge refused to order it recorded on account of alleged informalities. October 3, 1853. Ordered by Judge Prat#, that the County Court sessions be held at the office of L. D. C. Maggart, in the village of Cedar Falls. 326 HISTORY OF BLACK HAWK COUNTY. , FERRIES. The Red Cedar is a shallow stream, easily and safely forded in many places in ordinary stages of water; but something more was necessary ; bridges were out of the question at that time, and a ferry appeared to be one of the essential wants of the little community ; and an enterprising settler was ready to supply it, as appears from the following entry in the County Court records of October 12,1853: Now to wit, this day, Samuel L. May makes application for a license to erect and. keep a ferry at Waterloo across Cedar River at said place, and on proof that the legal notice has been given by posting up as the law directs ; and, also, the said applicant having filed the bonds required by law in a penalty of $200 and bonds being approved by the court, whereupon the court grant to said Samuel L. May the exclusive right to keep and run a ferry boat or boats on the Cedar River, at Waterloo, and this privilege to extend one mile each way, up and down the river from Waterloo, for ten years from this date, if so long the applicant shall attend and cause to be kept in good order, and in all respects comply with the requirements of the law in regard to ferries, and the court prescribe the following rates of toll to be charged, and no greater, to wit : For' each footman, 5 cents ; man and horse, 15 cents ; one horse and buggy, 20 cents ; two horses and wagon, 25 cents ; two horses and carriage, 25 cents ; four horses and wagon, 50 cents; two yokes of oxen and wagon, 50 cents ; neat cattle, per head, 10 cents ; horses, per head, 10 cents ; sheep, per head, 3 cents ; hogs, per head, 3 cents. The said May is to ferry free of charge all persons going to or returning from meetings on the Sabbath, and all voters going to or returning from elections held at Waterloo. J. R. Pratt, County Judge. Mr. May established his ferry at a point a little above the present dam. April 3, 1855, the County Court granted a license to Benoni H. Butter- field to run a ferry across Cedar River from Tenth street, Waterloo (just below the Court House). This franchise extended a mile down the river. On the 28d day of August, of the same year, Mr. Butrerfield sold his license to Lewis Hal- lock, for $700. June 5, 1855, a license was granted to Benjamin Barnes to run a ferry across the Cedar River, at or near Section 29, Town 87, Range 11. In 1857, Messrs. Lake & Bullock established a steam ferry above the dam at Waterloo, and operated it for a short time; but the boat was unwieldy, ran over the dam two or three times, and finally laid itself upside down near the livery stable, on the bank of the river, which terminated the experiment. August 8, 1854, the County Court granted a license to J. R. Cameron to^ run a ferry across Cedar River opposite the village of Cedar Palls. SALE OF COUNTY LOTS IN CEDAR FALLS. November 22, 1853,' Judge Pratt ordered that the fifty-six lots in the village of Cedar Falls, donated to the county by the people of that town, "be offered for sale at public vendue on the 24th day of December next, for the purpose of raising a fund to erect a building for county offices ; thirty days' notice to be given of the sale, by posting up notices." On the day appointed, December 24, 1853, eleven lots were sold as follows : To John Melrose, Lot No. 2, Block i, for $17 00 paid. To John Hartman, Lot No. 3, Block 4, for 19 00 paid. To Lewis Hallick, Lot No. I, Block 15, for 38 00 paid f24 60. To W. Claton, Lot No. 2, Block 15, for 21 00 paid. To J. A. Dunham, Lot No. 3. Block 15, for 14 00 paid. To John R. Cameron, Lot No. 4, Block 15, for 10 50 paid. To John T. Barrick, Lot No. 6, Block 11, for 9 00 paid. To John R. Cameron, Lot No. 7, Block 11, for 9 75 paid. To L. Barrick, Lot No. 2, Block 19, for 20 00 paid. To L. D. C. Maggart, Lot No. 7, Block 19, for 16 00 paid. To Henry Melin, Lot No. 3, Block 28, for 9 00 paid. $183 25 March 4, 1854, sold to E. D. Adams six lots for 60 00 HISTORY OF BLACK HAWK COUNTY. 327 January 2, 1854, the Court appointed William L. Christy " Agent, for the purpose of examining and selecting the overflowed and swamp lands in the county of Black Hawk, and State of Iowa, and report to this office bv the first dav of March next." ^ ^ January 1, 1854, by order of the County Court, C. F. Jaquith was paid $15.33 for rent of a room for use of the county. WASHINGTON TOWNSHIP. Among the earlier and more important duties devolving upon the County Judge was that of carving the county into civil townships ; and this has been done in some cases without regard to Congressional township lines. The creation of these townships constitutes one of the more interesting portions of the history of the county, and the transcript from the records will be new to many ot the residents of the county who settled here after the civil divisions were made. First among these was the following : On petition of Benjamin Knapp and others, the County Court made the following: It is Ordered, That the inhabitants of Congressional Township 90 north of Range 14 west, be organized as a township of Black Hawk County, under the name of Washington. * * And it it further Ordered, That the first township election in the town of Washington be held on the first Monday of April next, at the house of Delos Jordan in said township, and that the following town ofScers be then and there elected, to wit. : Three Trustees, one Town Clerk, two Constables, two Justices of the Peace, one Assessor and one Supervisor of Roads, and that an order be issued to Benjamin Knapp, of said town, for such election, and that Benjamin Knapp, Chris- topher Wilson and John Knapp are appointed Judges of Election. It is also Ordered, That the Congressional Township 90 north. Range 13 west, be attached to and be a part of the township of Washington for revenue, election and judicial purposes, with all privileges of the citizens of Washington Township. J. R. Pkatt, County Judge. Feb. 6, 1854. At the first election in the township, on the first Monday in April, 1856, John Wallin Hitchcock, James Newell and Valorus Thomas were elected Trustees ; E. G. Young, Clerk ; John Knapp and J. Ackerson, Justices of the Peace ; W. J. Sherman and Elijah Bggers, Constables. The first settlers in this township were James Newell and Elbridge Gr. Young. A school was taught by William Dean in James Newell's house, in the Winter of 1850-51. CEDAR FALLS TOWNSHIP. On petition of John R. Cameron and others, it was Ordered, That the inhabitants of said township (89—14) be organized as a township of the county of Black Hawk, by the name of Cedak Falls ; and ft is further Ordered, That the first election thereof be held on the first Monday of April next, at the house of Andrew Mullarky, and that John R. Cameron, Henry Mellin and Luther L. Pease be Judges of said election. Feb. 6, 1854. J- ^- Psatt, County Judge. At the election on the first Monday in April following, Henry Mellin and George Philpot were elected Justices of the Peace ; Elias Overman, Andrew Mullarky and C. F. Jaquith, Trustees ; E. D. Adams, Clerk ; J. R. Cameron, Assessor ; J. W. Maggart and T. M. Taylor, Constables. WATERLOO TOWNSHIP. February 7, 1864, the petition of Edward Butterfield and other citizens in Congressional Township No. 89 north. Range 13 west, praying for it to be made into a civil township, was presented and the following order passed : It is Ordered, That the inhabitants of said Congressional Township be organized as a town- ship of the county of Black Hawk, under the name of Waterloo ; and 328 HISTOKY OF BLACK HAWK COUNTY. It is further Ordtred, That the first town election in the township of Waterloo be held on the first Monday of April ne;tt after the date hereof, at the school house in the village of Water- loo, in said tpwnship, and that the following township ofiioers be then and there elected, to wit : Three Thjstees, one Clferk, two Constables, two Justices of the Peace, one Assessor, one Super- visor of Roads, and such other County and State officers as are to be elected at the next April election,^and that a warrant be issued to James Virden, for such election of said Township, and that James Virden, H. N. Ayers and Samuel L. May be Judges of said election. Order dated Feb. 7, 1854. John H. Beooks, Clerk. And it is further Ordered, That two tiers of sections on the north side of Township 88, Range 12, be attached to the township of Waterloo, for election, judicial and revenue purposes. ', r,. r ,:-f -, ' J. R. Pratt, County Judge. At the election ordered above, Morrison Bailey and Charles MuUan were elected Justices of the Peace ; John L. Kirkpatrick, Martin Bailey and H. N. Ayers, Trustees; C. W. BuflFum, Clerk; John Melrose, Assessor. The first settler was George W. Hanna, in 1845, followed by James Virden and CharlesMullan, iri 1846. HELENA TOWNSHIP. February 7, 1854, Hejena was organized by the following order : /( is Ordered, That the inhabitants of Congressional Township 89 north, Range 12 west, be organized as a township of said county by the name of Helena, under the laws of this State ; and that'saidtdwn be attached to the town of Waterloo for all election, judicial and revenue pur- poses ; Provided, That the iihabitants thereof shall be allowed to vote for the town officers of said town of Waterloo. ' ' 'It is also Ordered, That the Congressional Towns 89 north. Range 11 west ; 88 north. Ranges 13 and 14 west, and two miles off the north side of Town 88 In Range 12 west, be attached to Waterloo. ' ' ' February 7, on petition of N. S. Jackson and others, Township 88 north, Ranges 13 and 14 west, was attached to Waterloo for election and judicial pur- poses. ■!' '■ ' ■ ■-'' ■ This township was never organized. LESTER TOWNSHIP. On petition of A. S. McDowell and others, the following order was passed : It is Ordered, That the inhabitants of Congressional Towns 89 and 90 north in Range 11 west, and Tgwp 90 north in Range 12 west, be organized into a township by the name of Lester, and that the first election for said township be held at the house of A, S. McDowell, * * * * and that A. S. McDowell, E. S. Wheeler and J. K. Owens be Judges of said election. J. R. Pratt, County Judge.- At the election so ordered, Alonzo W. Barber, Thomas Wilson and E. S- Wheeler were elected Trustees ; E. S. Wheeler, Clerk ; Jonathan R. Owens and James Barkley, Justices of the Peace. PRECINCT NO. 1 — (miller's CREEK TOWNSHIP.) Beside creating townships, the County Court exercised its authority and ingenuity in the creation, ;Qf election precincts, composed of several Congres- sional );owj:^S|liips ajid parts of townships. February 7, 1854, the Court -Ordered, That the injiabitants of the following Congressional towns, viz.: 87 north of Range 14, 87 north of Ran^e 13; and all that part of Congressional townships, viz.: 87 north of Range 12 and 87 north of Range 11, lying west of the Cedar River ; and all that part of Congressional TowD 88 north of Range 12 lying west of the Cedar River and south of a line running through said town from the Cedar River to the west boundary thereof, and on the south line of Section 7. be organized as an, electdon precinct of the county of Black Hawk, under the name of Precinct No. 1 ; and that 'the first efectit/n 'thereof be held on the first Monday of April next after the date hereof, at the house of J6hn 0. Forbes, in said precinct, * * * * And that John G.IForbes, 0, H. Hayden and J. R, Points be the Judges of said Election. Although ijo ord^rof court appears changing the name, the above territory appears to be recognized in subsequent records as "Miller's Creek Township," HISTORY OF BLACK HAWK COUNTY. 329 to which an election was held on the first Monday in April followina;, when Ihomas R. Points, John C. Walker and Michael Bunting were elected Trustees- John G. Forbes, Clerk; Joseph Bown, Assessor; John C. Reeves, Justice of the Peace, and R. C. Harris and John King, Constables. PRECINCT NO. 2 — (spring CREEK TOWNSHIP.) It is hereby ordered, That the inhabitants of that part of Congressional Township 88 north ot Range 12 lying east of the Cedar Eiver, and south of a line running east from said river to the east line of said township, and south of Section 12; and those parts of Congressional Towns • "Tn? ^o°^® """^ ^"^ "'"''^ "^ ^*°Se 12 lying east of the Cedar River; and of Congres- sional Town 88 north of Range 11, in said county, be organized as an election precinct of said » nre. Some settler had gone to Waterloo and had made the complaint. The Sherifl and his prisoners, the ox-drivers having been also arrested, proceeded to a Jus- tice of the Peace not far o£F, who heard the case and promptly discharged Mr. Cox. He not being able to give evidence as to the fact of the others having set the fire, although fully convinced in his own mind, they were also discharged. Although the effort of the complaining witness was a failure, there is no doubt 332 HISTORY OF BLACK HAWK COUNTY. that it was of advantage in that vicinity, as it would have the effect of deterring others from needlessly exposing houses and grain stacks to the dangers of prai- rie fires. A pertinacious liquor dealer of Cedar Falls was frequently arrested for sell- ing liquor contrary to statute. Some of the people of Cedar Falls, believing that a saloon was a necessary factor in the growth of the community, and being generous with their money, would usually assess themselves and pay his fines. On one occasion he was fined five dollars and costs for a new offense. One of his friends, who was attending the trial, inquired the total cost. Having been informed by the Justice, he counted up the number of friends present, figured up the pro rata to each, and paid his share, promptly followed by the rest. To make it as easy as possible, the Justice and the witnesses contributed their own fees. The Judge of the Second Judicial District appointed a term of court in Black Hawk County on the 27th day of June, A. D. 1854, and on that day court was duly opened at Cedar Falls in the school house then standing on the block now occupied by the Baptist Church. Present, Hon. Thomas S. Wilson, Judge ; Luther L. Peas,j Clerk ; John Virden, Sheriff. On the same day, a petit jury was impaneled as follows : Jesse Shimer, James Hampton, Thomas R. Points, Joseph Brown, Zimri Streeter, J. D. Dewey, William H. Virden, J. C. Hubbard and Myron Smith. No grand jury was summoned. The first case entered was that of Mathew Bevard vs. John A. Dunham, attachment. In this case, D. L. Deyo appeared as attorney for plaintiff, but it appears to have been settled and plaintiff's demand paid previous to the term of court, and was ordered to be stricken from the docket. The second entry was the petition of Emeline Peterson vs. William Peter- son for divorce ; but the petitioner failed to appear, and the suit was discontinued at her costs. The other cases entered at this term were G. W. Burton vs. L. D. C. Mag- gart, D. C. Overman vs. John H. Brooks, J. R. Pratt vs. William True, Henry. Mellin vs. Covil & Butterfield. On motion of D. S. Wilson, William H. McClure, a practicing attorney of the State of New York, was admitted to practice in the courts of Iowa. The jury was discharged and the court adjourned, having been in session one day. There appear to have been present at the first term of court in Black Hawk County, D. S. Wilson, Esq., of Dubuque; D. L. Deyo, of Independence and William H. McClure, the latter being admitted to practice in the morning. The census of Black Hawk County for 1854 shows a total population of 2,488, of which 1,385 were males and 1,103 females. There were 603 voters, 523 militia men, and 14 aliens. MT. VERNON TOWNSHIP. Sept. 19, 1854.— It Is ordered by the County Court that Township 90, Range 13, be organ- ized a civil township by the name of Mt. Vernon, for all the purposes of a township of Black Hawk County. (Attest) Martin Bailey, Clerk. The county record does not show that any township ofiicers or Judges of Election were appointed, but from other sources it is understood that the first Trustees were : Frederick Pattee, Henry Cole and S. S. Knapp, appointed by the County Court. These Trustees appointed Abraham Eyestone, Township Clerk, and Wallace- Pattee, Road Supervisor. HISTORY OF BLACK HAWK COUIITZ. 333 The first township election appears to have been held at the house of Wal- lace Pattee, April 2, 1855, when Joel Hiser and Randolph Leland were elected Justices ; Thomas Grordon and Frederick Pattee, Trustees ; Wallace Pattee, Assessor ; A. Eyestone, Clerk. Mr. Leland refused to qualify, and in August following, Alpheus Lawrence was elected to fill the vacancy, and Moses W. St. John was elected Constable. The first settlement in this township, it is said, was made by a Mr. Allen, on the northeast quarter of Section 4, in the Summer of 1852, although the record of original entries shows that William Bergin entered a part of Section 3, July 21, 1852. Allen sold to Isaac McCafi"rey in 1854. William Hogan settled in northeast quarter of Section 3 in 1853, and his daughter Rebecca and Elihu Thorpe were married the following Autumn by Rev. Jonathan Go- forth, being the first marriage in the township. George Housch settled on Sec- tion 4, and Thomas Gordon on Section 3, in 1853. Joel Hiser built a cabin and broke some prairie on the southwest quarter of Section 4, in 1854j'and re- turned to Western Virginia and married in the following Winter. The follow- ing settlers located in 1854 : Abraham Eyestone on Section 30 ; Moses W. St. John, Section 27 ; Alpheus Lawrence, southeast quarter of Section 27 ; Joseph Thomas, northeast quarter of Section 1 ; S. S. Knapp, Section 29 ; Wallace Pattee, Section 5. The township was named Mt. Vernon by S. S. Knapp. The first child born was a son to Mr. and Mrs. R. L. Leland in the Spring of 1855, and Clement Leeper, son of Jacob Leeper, was born in the following August. In 1855, Milton Smith built a tavern on the Independence, Janesville and Waverly road, on the southwest corner of Section 1. This was well known to the early settlers as the " Seven-Mile House." Smith sold it to Charles Gibbs the same Fall. One warm summer's night the next year, it is said that while Mr. Gibbs was asleep a wild cat bit his big toe. Two large cottonwoods mark the spot where the old house stood. The first independent school district was formed in 1856. A Presbyterian society was organized in 1856 by Rev. Mr. Col well, services l^eing held in Mrs. Cleaver's house on the southwest quarter of Section 1. A Methodist Church was organized in November of the same year by Rev. A. N. Odell. The first grove meeting in the township, and probably in the county, was held in the only natural grove in the township, on the northwest corner of Sec- tion 3, in 1857. A Grange of Patrons of Husbandry was organized at the King school house in 1870. May 29, 1871, at a special election, the proposition for a tax to aid in build- ing the Grinnell, Cedar Falls & Winona Railroad was defeated by twelve ma- jority. At another trial on the 24th of June, however, the proposition was car- ried by a majority of eighteen ; but the road was not built, and the people saved their money. Mt. Vernon Township is considered pne of the best in the county for farming. On the 30th of September, 1854, twenty-six of the Cedar Falls town lots belonging to the county were sold, from which about |400 was realized. October 80, A. F. Brown was appointed Prosecuting Attorney to fill a vacancy. November 13, the question of incorporation was submitted to the voters of the town of Waterloo. The election resulted in its favor, and another election was appointed by the County Court to accept Articles of Incorporation ; but for some informality in the proceedings the project was abandoned. 334 HISTORY OF BLACK HAWK COUNTY. INDIAN PANICS. The hardy pioneers of Black Hawk County, likfe most others who endured the toils, privations and hardships of frontier life when they were brought into frequent and disagreeable contact with the Indians, who were being slowly but surely crowded toward the setting sun by the active encroachments of the Anglo-Saxon race, have many thrilling stories to tell of their experiences. During the years 1853-4, the settlers in this and neighboring counties were frequently alarmed by reports of Indian depredations and massacres north and west of here. Every few weeks settlers would come in from a distance and tell the most wonderful stories of hair-breadth escapes from cruel deaths by blood- thirsty savages, of houses burned and stock driven off. But investigation invariably demonstrated that all these alleged frightful occurrences were utterly without foundation. For some time the relations existing between the Sioux and Winnebagoes, living in the neighborhood had not been friendly, which finally culminated in an outbreak in which a Winnebago boy was killed. The news of this affair rapidly spread, gaining strength as it was told by one excited and thoroughly scared settler to another, until by the time it had reached Black Hawk County it was reported that hundreds of painted warriors were marching down the valley murdering and burning everything before them. The people became fearfully excited, and many fled with their families and what little household stuff they could carry, finding safety In the more thickly settled counties or in the adjoin- ing States. A company was raised in Cedar Falls, and under command of Capt. E. Brown and Lieuts. A. F. Brown and W. H. McClure, went out to reconnoiter the enemy, going as far as Floyd County, where they learned, to their great joy and greater chagrin, that it was all a hoax and no hostile Indi- ans were within hundreds of miles. Others went from Waterloo and Independ- ence ; while at Janesville and some other places they hastily constructed rude forts or stockades, and put themselves in the best possible shape to make a strong defense against the blood-thirsty savages. Mr. James Virden, who lived in the grove at the upper end of Waterloo, was awakened one night by a man from near Waverly, who informed him th^t the Indians were coming, killing and burning everything in their path, and warn- ing him to pack up and flee to a place of safety. Mr. Virden had passed through two or three "scares," and took but little stock in the story. He asked the man in, and finally prevailed upon him to go to bed. It the morning settlers began arriving on foot, horseback and in wagons, and the yard and sur- rounding grove were soon filled with the fleeing settlers. Mr. Virden, Charles Mullan and one or two others mounted their horses and started up the river on a reconnoissance. After a day's ride, failing to discover any signs of Indians, they returned, and their reports reassured the runaways, who started at once for their homes. These sensational reports had a bad effect upon the timid, and several fam- ilies left here and went to Linn County, then supposed to be thickly settled and safe. At the supreme agony of the scare, says Mr. Streeter, who had just got the main part of his house up and inclosed, fifty persons stayed all night with him ; and he says his house was so full he could not step between the sleeping fugitives that night. Many of them had buried their valuables before starting, and some of them, when they got over their fright and returned, could not remember where they had dug and hid their property. The danger became HISTORY OF BLACK HAWK COUNTY. 335 more imminent as the news was carried' eastward, and by the time it had got to Dubuque, 6,000 Sioux warriors were rampaging down the Cedar with the besom of death and desolation. Some very ludicrous incidents are told in connection with this bloodless war. On the return of the company to Cedar Falls, one of their number, to signalize the victory, rode his horse into the office of the Carter House, around the stove and out again, whereupon his comrades fired a salute in honor of his bravery, rousing the whole town. A settler of the name of Rucker and his wife were so badly frightened by the firing of this salute, supposing it to be the realiza- tion of what they had so long intensely feared, that they left everything and rushing out ran sixteen miles that night. At Waterloo, several of the timid left, and after spending a few weeks in Illinois, or some other supposed safe locality, returned. Among others thus leaving was Greenleaf Glidden and family, living on the west side. After spending a short time in Linn County, Mr. Glidden returned and resumed his home here. The night of his return there was a wedding in town (Isaac Virden and Eliza May being the parties interested), and the boys had made arrangements to give the newly-married couple a charivari. Soon after Glidden went to bed the clan assembled with cow-bells, pans and various instruments more noted for noise than melody, and the first general break-out of the din aroused Mr. Glidden, who was probably dreaming of Indians ; and when he sprang from his bed the general hub-bub and clatter only confirmed him in the belief that the Indians had surely come, and were killing all the inhabitants. Hastily burying his grindstone, which was evidently a highly cherished posses- sion, and throwing his feather bed and household traps into his wagon, he hitched up his horses and started at full speed for the land of safety, alarming the settlers as he went. He made a halt at Abraham Turner's, below town, told his blood-curdling tale, and warned them to fiee. While he was talking he glanced backward toward town, expecting probably to see the flames of the burning houses, but instead saw several dark objects approaching at a rapid gait, and with a cry, almost of despair, he shouted, " They are coming! Here they are!" and putting the whip to his team he once more started oi^ his jour- ney at a break-neck speed. A lady at Turner's was so alarmed at Glidden's story that she started at once for some place where she would be safe, and wan- dered around all night in the sloughs and wet grass in her night clothes. The dark objects that had so suddenly and terribly frightened Mr. Glidden, turned out to be a number of colts' that had followed the flying team. Glidden con- tinued his journey until he reached the river, and finding he could not ford it in safety in the dark, was compelled to remain there until morning, when the nature of the "scare" was ascertained, and afterward aff'orded many a hearty laugh. RELOCATION OF THE COUNTY SEAT. Like most other counties in this part cf Iowa, Black Hawk has had its "county seat fight," but it came early, and was finally settled. As previously stated, the seat of justice was located at Cedar Falls by Com- missioners appointed by the Legislature in 1853 ; but this action was not entirely satisfactory, partly, perhaps because it was too far removed from the geographical center, and partly because Waterloo, which was near the center, was ambitious to bear the honor of being the shire town. It is in tradition that an attempt of some kind to change the location of the county seat was made in 1854, but the exact nature cannot be ascertained. It is 336 HISTORY OP BLACK HAWK COUNTY. said that certain citizens of Waterloo went up to Cedar Falls for that purpose, and that a general melee was the result. In an account of the affair published in the Iowa State Reporter, May 26, 1875, the local historian remarks : " Some- thing stronger than Cedar River water was used, and after steam was up, the citi- zens of thatt own procured some eggs and opened fire on the invaders. 0. E. Hardy sported a plug hat that afforded a prominent mark for the egg men, and the hat was badly damaged, and the Waterloo force was driven from the field." the result was This was a " Waterloo defeat ;" but the Waterloo force did not propose to give it up, and when the General Assembly convened the following Winter the matter was presented with so much success, that they secured the passage of " An act to authorize the qualified electors of the County of Black Hawk to vote on the removal of the county seat of said county," approved January 19, 1855. Section 1 of this act provided: That there shall be a poll opened at the usual place of voting in the several organized town, ships in Black Hawk County, on the first Monday in April next, for the purpose of allowing the qualified electors of said county to vote for or against the removal of the county seat of said county. Section 2 provided that the ballots of the electors should have written or printed thereon the word " Cedar Falls " or " Waterloo," and that place having the greater number of votes should be the county seat. Provided, that if Waterloo should receive the greater number, the county seat should remain at Cedar Falls until July 4, 1855. and thereafter at Waterloo. In the event of removal, the County Judge was instructed to refund the purchase money to such persons as had purchased lots in Cedar Falls, with interest thereon from date of purchase. On the 5th of March, 1855, Moses W. Chapman presented a petition to the County Court, asking that a town plat called " Florence City," located in the southeast part of the county, be approved and recorded ; but owing to a deficiency in the proof the petition was denied. On the same day, H. H. Meredith and others presented a petition to the County Court, asking that the question of the removal of the county seat to Florence City, might be submitted to the people at the ensuing April election. Mr. Meredith and others of the petitioners were residents of Cedar Falls, and this petition was designed to create a division, through which it was hoped that the county seat might be retained at that place. The consideration of this peti- tion was postponed by the Court to the 19th of March, when the Judge denied the prayer of the petitioners for reasons, 1st, that it was in conflict with the act of January 19, and 2d, that Florence City was a place unknown to the Court. Ordered to show cause. At the second term of the District Court, held at Cedar Falls March 26, T. S. Wilson, J. presiding, on petition of H. H. Meredith and others, it was ordered that " the County Judge of Black Hawk County show cause before me at chambers, ten days after the date hereof, why the prayer of said petitioners should not be granted, and such other order made and entered as may seem fit and proper in the premises." Before the day appointed, however, the people of the county had made answer at the polls, and nothing further of this matter appears of record. At the election held April 2, 1855, the question of removal was submitted as provided by the act of January 19, and resulted as follows: Whole number of ballots cast, 648; "Waterloo," received 388; " Cedar Falls," 260. April 11, the County Court entered of record the following: Whbkeas, The election on the removal of the county seat of Black Hawk County, held April 2, 1855, resulted in a majority of 128 for Waterloo over Cedar Falls ; Ordered, By the Court that proclamation be this day made, that on the 4th day of July, A. D. 1855, the county seat of Black Hawk County shall cease at Cedar Falls, and that the several county offices required to be kept at the county seat shall thereafter be held at Waterloo. There are those who aver to this day that the vote as cast was not free from the taint of fraud. It was asserted after election, that the advocates and HISTORY OF BLACK HAWK COUNTY. 337 managers for Waterloo imported votes from Benton County, who made the counter-assertion that Cedar Falls generously accorded the numerous strangers then stopping at that place with the intention of buying lands further west, the freedom of the town as citizens of Black Hawk County. In May following this action. County Judge Pratt was taken sick and only a few days before he died he issued an ordfer locating the county seat on the Public Square on the east side ; and it is said that when he came to affix the seal of his office to the order he was so weak that he was at first unable to make the impression. He refused assistance, however, being fearful that some question might be raised as to the legality of the proceeding, and finally, by putting almost his whole strength on the seal, succeeded in affixing it to the order. On the 1st of June following he died, and John Randall, then Prose- cuting Attorney, having been appointed to fill a vacancy March 20, became ex officio County Judge But the opponents of removal were determined to fight it to the bitter end. On the 21st day of June, 1855, they applied to Hon. William G. Woodward, one of the Judges of the Supreme Court, and obtained a writ of injunction restraining the removal, which was served very early on the 4th of July. On the 16th of July an appropriation of $50 was made by the County Court to aid in defraying the expenses attending the efforts to have the injunction dissolved, the order giving as a reason for the appropriation "that the injunction was obtained in violation of law, and injurious to the interests of the county." The injunction was soon afterward dissolved by Judge Woodward, and an order issued for the removal of all the books, papers and documents to Water- loo, which was done on the 27th day of July. The county officers established themselves in the second story of Hubbard's brick store, on Commercial street, between Fifth and Sixth. The general election of August, 1855, was now close at hand, Mr. Randall, Acting Judge, was a candidate for the office of County Judge. There was a strong feeling in Waterloo between the people on the east and west sides of the river in relation to the location of the Court House. The citizens of the west side were active in their efforts to secure the county building on' their side of the river. Acting Judge Randall in order to advance his interests in the pend- ing canvass, rescinded the order of his predecessor locating the county seat on the east side, and agreed that if he should be elected he would submit the ques- tion of location to a vote of the people of the whole county. This was evidently satisfactory for Randall was elected, and afterward issued a proclamation for a special election to be held on the 10th day of December, 1855, to decide upon which side of the river in Waterloo the prospective Court House should be erected. At this election, 731 ballots were cast, of which 467 were for the east side and 264 for the side that would pay the most money for the location and erection of the county buildings, the proposition being submitted in that form. This decided the matter in favor of the east side of the town ; but the definite location was a matter that was yet within the sole control of the County Judge. Cedar Falls, though defeated the year before, could yet annoy Waterloo. Her citizens were not disposed to forgive their upstart neighbors for removing the county seat and if they could not prevent Waterloo from keeping it they were going to have it just as far to one side as possible. So the vote of Cedar Falls was cast with substantial unanimity for East Waterloo. By act approved January 9, 1855, Palmer F. Newton, of Fayette County, and T. E. Turner, of Buchanan, were appointed to locate a State road from 338 HISTORY OF BLACK HAWK COUNTY. Cedar Falls to Janesville and Waverly, in Bremer County, thence to St. Charles, Floyd County, thence to Osage, Mitchell County . January 24, Wm. H. McClure, of Black Hawk County, Henry H. Griffith, •of Polk, and Thomas S. Griffin, of Woodbury, were appointed to locate a State road from Cedar Falls, by Fort Dodge, in Webster County, to near the mouth of the Big Sioux River, in Woodbury County. By act approved January 25, 1855, the counties of Dubuque, Delaware, Buchanan, Black Hawk and Bremer were constituted the Second Judicial Dis- trict, and terms of court established in Black Hawk on the first Monday after the third Monday in March and September of each year. By act of January 25, 1855, the Counties of Linn, Benton, Black Hawk and Buchanan were constituted the Twenty-fifth Senatorial District, entitled to one Senator. Black Hawk and Buchanan were constituted the Forty-first Rep- resentative District, entitled to one Representative. The Omnibus Road Bill, approved January 24, 1855, provided for the appointment of Commissioners to locate State roads, as follows : James B. Kelsey and Thomas B. Stone, of Linn County, and Harrison Bristol, of Benton, to locate a road from Cedar Rapids, via Bear Creek Mill and Vinton, to Cedar Falls. William P. Hammon, of Bremer, Samuel Sufficool, of Buchanan, and 0. P. Harwood, of Floyd, to locate a road from Independence, via Barclay, Wa- verly, St. Charles and Floyd Center, to the State line, in Mitchell County. John T. Barroch, Boone and Cornelius Beal, to locate a road from Cedar Falls, via Hardin City and New Castle, to Fort Dodge. By joint resolution approved January 18, 1855, the Legislature of Iowa asked for additional mail facilities in Black Hawk County, as follows : From Des Moines, via Nevada, Minerva Grove, Henry Grove and Eldora, to Cedar Falls, in Black Hawk County, in two-horse coaches, once a week. From Cedar Falls, via HardinCity and New Castle, to Fort Dodge, in two- horse coaches, once a week. BLACK HAWK TOWNSHIP. March 2, 1855, upon petition of John Virden and others, it was Ordered hy the Court, That Townships 87 and 88 north of Range 14 west be organized a civil township of Black Hawk County, by the name of Black Hawk Township ; and that the first election therein be held at the house of * * * (record sayeth not). (Attest) Martin Bailet, Clerk. The first election in Black Hawk Township was held at the house of Byron Sergeant, April 2, 1855, and the poll book contained the names of eleven voters. A. J. Tapp, Oliver Hughes and John D. Ferris were elected Trustees ; Byron Sergeant, Township Clerk ; B. Sergeant and N. L. Pratt, Justices of the Peace ; D. M. Ward, Assessor ; J. D. Ferris and H. H. DeWitt, Constables. Hiram Luddington has the credit of building the first house in this town- ship, in the Fall of 1852, on the southeast side of Black Hawk Creek, where the town of Hudson was afterward located. John D. Ferris built the second house, during the same Fall, about two miles below Luddington. The first cabin on the other side of the creek was built of home-made shingles, crotches, slabs and sod, by G. Osman. The first school house was built in the Spring^of 1855, located about seven miles southwest of Waterloo, in which Miss Asenath Worthington taught the first school, during the following Summer, at $10 a month, with fifteen scholars enrolled. '. foy^l/L^i^-^^Al^, WATERLOO HISTORY Of BLACK HAWK COUNTY. 341 Rev. Mr. Gilmore preached the first sermon, in 1855. Warren Baldwin was the first blacksmith. Algernon Ferris was the first child born in the township. In 1858, a bridge was built across Black Hawk Creek, by D. W Yonns and others. It was a rude structure, about sixty feet long, built of poles, rails for a S ^''^''' "^^ ^°'" ^"^' ^'"^ P'^"' ' ^"^ '* ^^^^^ ^ ^""^ P"'P°«« The town of Hudson is in this township. Lincoln ^^'^' ^"'^''^'"'P ^^' -^^"S® ^^' "^"^ '®* °^^« * °ew township, and called BARCLAY TOWNSHIP. March 2, 1855, Barclay Township was created by the following order : - On application of James Barclay and others, it is ordered by the Court that Township 89 north of Range 11 west be organized a civil township, for all the purposes of a civil township of Black Hawk County, in this State. ^ At the election, William C. Morton, C. A. Foye and Charles L. Coon were Judges, and James Barclay and Ira Beckford, Clerks, of the election. James Barclay was elected Clerk ; William C. Morton and James Barclay, Justices of the Peace. DISTRICT COURT. The second term of the District Court was held at Cedar Falls March 26, 1855. Present, Hon. T. S. Wilson, Judge of Secoiid Judicial District ; Martin Bailey, Clerk ; John Virden, Sheriff, and John Randall, Prosecuting Attorney. At this term, the first grand jury was impaneled, as follows : Henry Sherman, Foreman ; Benjamin Knapp, Pleasant Morris, E. G. Young, John Wilson, Stephen Evans, Henry Gipe, M. S. Oxley, Jesse Shimer, Michael Bunting, William Fisher, C. H. Wilson, R. P. Speer, L. L. Pease and B. F. White. S. H. Packard, Jr., and Safford W. Rawson, practicing attorneys, of the State of New York, were admitted to practice law in the courts of Iowa. The grand jury reported that no bill was found in the case of State vs. John M. Cowen for larceny, and State vs. Charles Brooks, Jr., William Campbell, Joseph Kinsell and Preston Herrington, and defendants were discharged in both cases. It is said that Cowen came here with horses for sale, and while here indulged in a little private speculation by breaking into the store of B. J. Cap- well & Co., and stealing a shot bag partially filled with silver, and a bead purse with a number of bills of various denominations. He was held to bail for the crime, deposited the amount himself, and left for parts unknown. Martin Bailey, Clerk of the Court, was appointed a General Commissioner to take depositions in all cases pertaining to the business of this Court, to report at next term. The first record of declaration of intention to become a citizen of the United States was made by Grounder Osman, a native of Norway, May 31, 1855. Walter McNally entered his intentions about the same time. The first natural- ization papers were issued to Andrew H. Kennedy, a native of Scotland. - The September (1858) term of court was held at Waterloo, the new county seat, September 25, in Capwell's Hall, which was then unfinished, and the seats for spectators consisted of boards placed on nail kegs and other temporary contrivances. William M. Newton, J. 0. Williams and W, L. Christy were admitted on certificates to practice, and B. E. Baker was admitted to the bar after examination by I. S. Woodward and F. H. Webster. 342 HISTORY OF BLACK HAWK COUNTY. The first bill of indictment reported by the grand jury of the county wa* against Hamilton Acres, for seduction. The defendant was held to bail in f 300. At the next term, nolle pros, entered on the ground that there was no ground for prosecution. March 2, 1855, all that part of Grundy County north of the correction line- was established an election precinct of Black Hawk County, and the first elec- tion ordered to be held at the house of Silas Peck. March 6, 1856, it was ordered that all that part of Grundy County lying; south of the correction line be organized into an election precinct, and that the first election be held at the house of Thomas G. Copp. A. W. Lawrence, T. G. Hoxie and T. G. Copp were appointed Judges of Election, and the precinct named Palermo Township. June 30, 1855, John M. Harper was appointed an agent to sell liquors at Waterloo, under an act of the General Assembly, approved Jan. 22, 1855. July 17, 1855, the Court ordered a warrant for $75 to be drawn in favor of John M. Harper, County Liquor Agent, to pay for a bill of liquors pur- chased by him. July 19th, George N. Minor was appointed as such agent for Cedar Falls,. and a warrant for $115 ordered to be drawn in his favor by Martin Bailey, Act- ing County Judge. Martin Bailey, Clerk of the Court, resigned August 24, 1855, and Morrison. Bailey was appointed to fill the vacancy. January 17, 1856, the office of Treasurer and Recorder was declared vacant,, and Francis B. Davison was appointed to fill the vacancy. ADALINB TOWNSHIP. March 3, 1856, the County Court ordered the organization of Adaline- Township, with the following boundaries : Commencing at the northeast corner of Congressional Township 88 north of Range 14, running thence east on the line of said Township 88, Range 13, to the bank of Cedar River, until it inter- sects the west line of Township 88, Range 12 ; thence south along section line- to the southwest corner of said last mentioned township ; thence west on the- north line of Township 87, Range 13, to the southeast corner of Township 88, Range 14 ; thence north to place of beginning. An election was ordered for April 7, but no place of holding it appears in the order. The Judges of the election held April 7, 1856, were Loring B. Shepard, James Munger and John Parker; Clerks, William L. Manning and John F. Darling. At this election Obadiah Sineaweaver was elected Clerk ; William L. Manning and John Parker, Justices of the Peace. While there is no order of the County Court changing the name of the Township of Adaline, yet in the records of the general election in August fol- lowing its organization, Orange is substituted, and James Munger, W. H. Wis- well and L. B. Shepard were Judges, and 0. P. Sineaweaver and Dyer Reed, Clerks. CEDAR TOWNSHIP. March 12, 1856 : It is hereby Ordered, that all of that part of Congressional Township 88 north of Range 12 ■west, in Black Hawk County, Iowa which lies west of the (ledar River, and all of that part of Township 87 north of Range 12 west, in the said county, which lies west of the said river and north of a line running east and west through the center of said township, be and the same are hereby organized into a township for election and other purposes, to be known and designated as Cedar Township, and that the first election in the said Cedar Township be held at the store of Jesse Wasson, on the first Monday in April next. HISTOEY OF BLACK HAWK COUNTY. 343 T u^Vt^ ^"'n election April 7, 1856, Bradford W. Clark, N. P. Clark and John P. Romack were Judges; and L. H. Mead and T. R. Points Clerks • B Fnf%''^ wt*? ^T^^^^P Clerk; Joseph H. Mead, Justice of the Peace;' and Clarke K. White and Norman P. Clark, Constables. BIG CREEK TOWNSHIP. iorP°T_*^® ®*™® ^*^ ^^ ^^^''^ ^^^^^ Township was created, viz., March 12 1856, the following appears of record-: ' AndU is further Ordered, That all of that part of Township 87 north of Range 12 west in said county which lies south of a line running east and west through the center of the same and all of that part of Township 87 north of Range 11 west, which lies south and west of the Cedar RiTer, be and the same is hereby organized into a township for election and other nurnoses to be known and designated as Big Creek Township, and that the first election in the said Bis Creek Township be held on the first Monday in April, at the house of Thomas R. Points. The two townships of Cedar and Big Creek appear to have been slightly mixed in the contest. The election in Cedar was ordered at the house of J. Wasson, and J. Wasson was elected Justice of the Peace in Big Creek. The election in Big Creek was ordered at the house of Thomas R. Points, and T. R. Points was Clerk of the election in Cedar. At the first election in Big Creek Township, James Hammer, Christian Good and S. P. Cooper were Judges, and S. N. Knowles and J. Wasson, Clerks. John Shawner was elected Clerk, and C. Good and Jesse Wasson, Justices of the Peace. THE COURT HOUSE. On the 10th day of December, 1856, the Court House was ordered to be built, when erected, on the east side of the river ; but no further steps were taken and the first recorded action of the County Court after that time was on the 3d day of March, 1856, as follows : Whereas, The said county of Black Hawk has no Court House or other building or room in which to transact the general business of the county, consequently having to rent all rooms now used for such purposes, and there being a surplus of funds on hand now in the treasury of said county not appropriated, and the county being in need of a Court House ; It is hereby Ordered, That the surplus money now in the treasury of said county, or which may hereafter be collected into said treasury for the year 1855, be appropriated for the erection of a Court House in the village of Waterloo, in said county. And that said county further incur the responsibility of an additional expense, which, in connection with the surplus money in the treasury, or which may be as aforesaid, will amount to $13,000. And, in case such surplus, as above, does not amount to the said $13,000, the balance above what said surplus may be, shall be paid from the first surplus money in the treasury of the said county not otherwise required or appropriated. And until there be such a surplus in said county treasury, the bonds or war- rants of said county be given to the amount of said deficiency. And it is further Ordered, That a contract or provision be made by said county of Black Hawk, for the erection of such Court House in the said village of Waterloo, during the present year of 1856. J. Randall, County Judge. March 7, 1856, a contract was made with Giles M. Tinker, for the erection of a Court House. The contract price was $12,747.61 ; but as to the nature of the building to be erected the records of the County Court are silent. Having entered into a contract for building a Court House, it became neces- sary for Judge Randall to determine where, on the east side, it should be located. This was under his control, although under, the pledges made prior to his elec- tion, the people thought they might have some voice in the matter. But the event proved that the County Judge was abundantly able to locate the building without advice or assistance from anybody, however public confidence might be 344 HISTORY OP BLACK HAWK COUNTY. betrayed and abused. He took the responsibility, it appears, for the following entry of record, May 24, 1866 : Whereas, It being necessary to make a location of the county building or Court House, the erection of which has been provided by contract with Giles M. Tinker, in the village of Waterloo; /( is hereby Ordered, That the location of a Court House for Black Hawk County, in the State of Iowa, be this day made, and that it be upon Block 20, in the village of Waterloo, county of Black Hawk, State of Iowa, and that the Court House be erected thereon, now contracted for with Giles M. Tinker, and the said location was this day made as above. J. Randall, County Judge. The official record, however, does not show the general indignation of the people over this one-sided location ; but there was no remedy. The County Judge was an autocrat, when he elected to exercise to its full extent the power vested in him. It is now generally understood that certain town lots in which Mr. Randall had an interest, influenced Judge Randall in making this selection ; dim visions perhaps of a bridge across the Red Cedar at that point, and conse- quently an entire change of location of the business of the town. Speculation was rampant, and it is said that river lots on the west side, opposite Randall's location of the Court House, sold for $500 in gold. But the location of the bridge on Fourth street punctured the glittering bauble, and permanently fixed the busi- ness part of the city a number of blocks up the river. Many changes and alterations were made in the original plans, before the building was completed, and, by the time the expensive job was completed, the contractor had received more than double the contract price, or about $27,000, for his work. It is a problem to the uninitiated how so much money could have been put into that building. It is said that the fence around the lot on which the building stands, although looking so modest and unpretentious, cost nearly $2,200. Lumber, of course, had to be hauled from Dubuque; but even that does not account for the excessive cost. The inference is rather strong that there was some "jobbery" in connection with it. The Court House was com- pleted and occupied by the county officials May 4, 1857. September 9, 1856, the County Court ordered an election to be held on the 10th day of September, to decide whether the county should take $200,000 stock in the Dubuque & Pacific Railroad, at that time being agitated. The election was held and resulted in the affirmative, whereupon the company agreed to pass through the county via Waterloo and Cedar Palls, making their stations within one mile of the center of said towns, and to cross the Cedar River at or near the village of Waterloo. The agreement was signed by J. P. Farley, President. For some reason, this contract was not consummated ; the bonds were printed, but the County Judge refused to sign and issue them, and the line of the road was afterward changed to its present location. January 19, 1856, George Bishop, S. P. Brainard and George H. Bemis, practicing attorneys of Illinois and New York, were admitted to practice in the courts of Iowa. September 22, 1856, Nathaniel Huntington, from Indiana, and James S. George, from Illinois, were admitted to practice in Iowa Courts. March 23, 1857, William J. Ackley, from New York, was admitted to practice ; also Mr. Lannbard, D. J. Coleman, and Sylvester Bagg. By the apportionment of 1857, Black Hawk County was made the Sixth Representative District, entitled to one Representative. January 28,1857, James M. Noble, of Delaware; H. B. Martin and John F. Duncan, of Webster, were appointed to locate a State road from Cedar Falls, via Webster City and Fort Dodge, to Sioux City. HISTORY OF BLACK HAWK COUNTY. 345 On the 6tli day of July, A. D. 1857, Andrew J. Yancey was shot and killed by Jacob Harmon, while holding his plow, in Spring Creek Township. On the 20th of October, the grand jury, George Ordway, foreman, presented a true bill of indictment against Harmon. October 22d, the accused was arraigned and pleaded not guilty. The prosecution was conducted by Sylvester Bagg, J. M. Preston and S. W. Rawson, and Newton & Brainard, George Bishop and Pierce appeared for the defense. The jury was composed of John Hackett, J. M. Benjamin, 0. 0. St. John, J. L. AUine, S. R. Crittenden, James Merwin, Charles E. Balkeour, William W. Wiswall, Randall Churchill, Augustin Beau- cham, George P. Pratt and Charles Singleterry. After a patient hearing, on the morning of October 24, the jury returned a verdict of "guilty of mur- der in the second degree." A motion for a new trial was overruled, and Harmon was sentenced to be confined in the Penitentiary at hard labor for a period of eleven years. The first divorce decreed was in the case of Eliza Barber vs. Orson Barber, October 21, 1857. July 21, 1857, Francis B. Davison, Assignee of G. M. Tinker, filed his account of extra work done on the Court House, to the amount of $2,745.98. ' TTNION TOWNSHIP. February 1, 1858, on petition of Randall Churchill and others, it was Ordered, That that part of Township No. 90 north of Range 14 west, in said county, which lies west of the center of the main channel of the Cedar River, be set off and become a separate town- ship for all the purposes for which civil townships are organized in the different counties of this State, to be known and designated by the name of Union Township, and bounded as follows : Com- mencing at the northwest corner of Township 89 north of Range 14 west, thence running east on the township line to the center of the main channel of the Cedar River ; thence up the said river on the line of the center of the channel thereof to the forks of the same ; thence up the center of the main channel of the east branch to the north line of said Township 90, Range 14 ; thence west on the said township line to the northwest corner of Black Hawk County; thence south on the west line of said county the place of beginning ; and that the first election in said Union Township be held at the school house in District No. 3, at the usual time of holding the April election, 1858, and that a warrant be issued to John Hackett for the notice of said election. At the election under the above order J. A. Webster, D. G. Jones and James Bennett were Judges, and Albert E. B. Lamb, Clerk of the election. J. D. Gilkey and Randall Churchill were elected Justices of the Peace; N. S. Bails, Township Clerk ; Harrison Newell, Constable. August 9, 1858, on petition of Benj. Knapp and others, the County Judge ordered the records in relation to the division of Washington and Union Town- ships corrected so as to stand dividing said townships by the center section-line running north and south. BENNINGTON TOWNSHIP. February 1, 1858, on petition of Nathan Harwood and others, of Lester Township, praying for the setting-off and organizing of Township 90, Range 12, which was then a part of Lester, it was Ordered, That the prayer of siid petitioners be gramed, and that said Township No. 90, Range 12, be organized into a separate and distinct township of the said Blick Hawk County, for all the purposes for which townships are organized in the several counties of the State of Iowa; that the same be known and designated by the name of " Bennington Township," and that the first election therein be held at the house of B. G. Updike, at the usual time of holding the April elections, A. D. 1858, and that a warrant be issued to B. G. Updike for the notice of said election. At this first election, the Judges were Samuel Buck, Charles M. Bower and Thomas S. Thamer ; the Clerks were Isaac K. Vanderberg and Harlan P. 346 HISTORY OF BLACK HAWK COUNTY. Homer. Thomas S. Homer and John E. Burlaw were elected Justices of the Peace ; Isaac K. Vanderberg, Clerk ; Hiram E. Bundy and Daniel Faulkner, Constables. EAGLE TOWNSHIP. March 1, 1858, on petition of Owen McMannus and others, Eagle Town- ship was organized, with boundaries as follows : Commencing at the northwest corner of Township No. 87, north of Range 12 west ; thence running west along the township line, between Townships 87 and 88, to the northeast corner of Township 87 north. Range 14 west ; thence south along the township line between Townships 88 and 87, to the southwest corner of Township 88 north, Range 14 west ; thence east along the county line between the counties of Black Hawk and Bremer to the southwest corner of Township No. 87 north. Range 12 west ; thence north to the place of beginning. The first election was ordered at the house of Calvin Eighmey. At the usual April election, 1858, the warrant was issued .to Owen McMannus. At this election, N. P. Camp, C. W. Eighmey and Michael Mitchell were Judges, and Owen McMannus, Clerk. N. P. Camp and M. Mitchell were elected Justices of the Peace; 0. McMannus, Township Clerk; and James Sheon and Joseph Millage, Constables. The burial ground on Section 7, containing one acre, was donated for this purpose in 1874 by Wm. H. Thompson and wife. The neighbors generally contributed for fencing, etc., which was done November 18, 1874. William P. Thompson, P. B. Ross and Peter McNally are the Trustees. Up to August, 1878, only three graves have been filled, which indicates a very healthy neighborhood. At the term of the District Court, Marcfi 12, 1858, William Pattee was admitted to the bar. March 13, Sylvester Bagg, Esq., introduced a series of ninety-five Rules of Practice in the District Court, which were adopted by the Court. On the same day, the Court appointed William H. McClure Prosecuting Attorney in place of William Haddock, absent from duty. The grand jury returned a true bill of indictment against Haddock for willfully neglecting his duty as prosecuting ofiicer. The defendant was arrested and brought into court, asked for a contin- uance and resigned his office ; whereupon the Acting Prosecuting Attorney, McClure, entered a nolle pros. September 13, 1858, Samuel Owens was admitted to practice. April 25, 1859, Joseph Taylor was indicted for passing counterfeit money, tried and found guilty. FOX TOWNSHIP. May 3, 1858, Fox Township was set off from Spring Creek Township by the County Court, in answer to the petition of A. B. Mather and others, being Congressional Township 88 north. Range 11 west, and the place of holding the first election, the house of Theodore L. Williams ; the time, at the usual April election, 1859 — afterward changed to October, 1858. At the first township election, in October, Andrew Murphy, Aaron L. Burgess and C. W. Corwin were Judges, and A. B. Mather and Silas I. Pettit, Clerks. A. B. Mather and M. S. Oxley were elected Justices of the Peace ; Lewis Shroyer and C. W. Corwin, Constables ; C. W. Corwin, Township Clerk ; S. I. Pettit, Assessor. It is supposed that Stephen Howell, from Indiana, was the first to settle in this township, locating in the southeastern part. His son, James Howell, was the first child born in the township. HISTORY OF BLACK HAWK COUNTY. 347 The first breaking was done on the southeast quarter of the southeast quar- ter of Section 36 in the Pall of 1852. It was done with three yokes of oxen, hj Henry Gray, Stephen Howell and Peter Cox. The first school house was built on the northwest corner of Section 36 .about 185b. The building was of logs ; contract price, $110. ' The first sermon was preached by Rev. Stephen Howell in the log school bouse in the Spring of 1857. A Methodist Class was organized in 1869 by liev. W. H. Holland, with a membership of twenty-six. EAST WATERLOO TOWNSHIP. May 5, 1858, S. P. Brainard presented a petition to the court, praying for .a division of Waterloo Township by a line running along the channel of the Cedar River, and that the eastern part thereof be organized a new township by the name of Wellington. The matter was laid over, however, until the July term, when the Judge ordered the question to be submitted to the people, to be voted on at the Court House the first Monday in August, 1858. When the people of the eastern part of the township petitioned, they doubted their ability to carry it ; but when the day came for the election a rain had swollen the Cedar to the highest point, and not a man from the west side appeared to dis- turb or make afraid. Sixty votes were cast, all of them in favor of the division. The election was held on the first Monday of August, 1858. It was accord- ingly divided, and that portion lying east of the river was newly organized and named East Waterloo, and the first election thereof ordered to take place at the Court House on the second Tuesday of October, and a warrant was issued to A. G. Hastings, a Constable, to post notices therefor. The election was held. 0. E. Shipman, Myron Smith and Isaac Young "were the Judges, and Charles D. Young and Morrison Bailey were the Clerks •of the election. William Armstrong and William P. Bunn were elected Jus- tices of the Peace ; La Fayette Norris and A. G. Hastings, Constables ; Chas. D. Gray, Town Clerk ; Isaac Young, Assessor. An now, to wit, on this 8tli day of October, A. U. 1860, is produced from the files of this ■court the petition of John G. Park and others, asking for a division of Big Creek Township, in Black Hawk County, and the court being fully advised, ordered that the prayer of the petition be granted, and that all that part of Townsliip 87 north, Range 11 west, in said county lying west and south of the Cedar River, and now forming a part of Big Creek Township, be detached from said Big Creek Township, and that it be and the same is attached to and made a part of Spring Creek Township for all the purposes for which civil townships are organized in the several ■counties of the State of Iowa, so that Spring Creek Township shall be composed of the entire •territory of Township 87 north. Range 11 west, in Black Hawk County, State of Iowa. THE CEDAR RIVER RAMPANT. The season of 1858 is remarkable for the high water which prevailed in the ■Cedar. The lotva State Register of July 24, 1858, said : " During the last few days, one of the most deluging rain-storms that have ever occurred West took place in the valley of the Cedar, which has had the effect of raising the river to a prodigious height. We learn from the Black Hawk County Democrat, printed at Cedar Falls, that the rain fell during one night in sheets, and at day- light the sluiceway across Main street was found to be unable to carry off the •water which fell in the upper part of the town. It burst over the street and finally found its way by Fourth and Fifth streets to the river. The amount of •damage is estimated as high as $1,500. The cellars in that neighborhood were all filled, and the fences and out-houses along the path of the torrent were all Bwept away. The foundation wall of Mr. Bishop's store caved in, and the wall 348 HISTOKY OF BLACK HAWK COUNTY. of Messrs. Fox & Henry's new building lost its perpendicularity. The bridge over Dry Eun went olF, and that portion of the village known as Germantown was entirely submerged. At Cedar City the water overflowed the town and swept away a two-story building, which was seen sailing down the river at Waterloo. At Waterloo about 200 feet of the embankment of the Dubuque & Paciiic Eailroad was swept away, and the water poured in torrents through two of the ravines on the west side, making havoc with wood and lumber piles, and inun- dating the lower portion of the town. Below Waterloo, the river overflowed its banks for a wide extent. Two weeks after the first freshet, another heavy storm occurred, which created a higher freshet than before ; and two weeks later, still another flood occurred. July 19, 1858, two young ladies — Miss Case and Miss Cusen^ — were drowned in the river at Waterloo. On the 20th, James Dyer was drowned in the bayou near Cedar City, and a man was drowned while attempting to cross the river at Gilbertville, about the same time. ■* RAILROAD CONVENTION. In 1858, the people of the Cedar Valley were much agitated by the various railroad projects presented to them, and nearly every scheme met with -favor. Among others was the building of a road from Cedar Rapids up the valley of the Cedar to Minnesota; and on the 15th of July, 1858, a Cedar River Valley Railroad convention was held at Waverly, Bremer County, which continued in session two days. A large number of delegates from Black Hawk, Linn, Benton, Floyd, Chickasaw and Mitchell Counties were in attendance, and L. B. Crocker, President of the Chicago, Iowa & Nebraska Railroad Com- pany, was present to give proper direction to the deliberations of the con- vention. Judge Maxwell, of Bremer County, was President of the convention. Among the Vice Presidents were Morris Case and William H. McClure, of Black Hawk, and Robert Gilchrist, of Benton. Among the editors selected for Secretaries were W. W. Harford, of the Vinton Eagle, and W. W. Had- dock, of the Waterloo Register. A Committee on Resolutions reported in favor of the organization of an independent company, composed of stockholders and Directors along the line of the road ; also for the commencement and completion of the road as soon as possible. During the discussion of this report, the delegates from Cedar Falls presented a proposition for the junction of the Cedar Falls and Minnesota with the Cedar Valley project, and labored hard to effect their purpose ; but the convention flatly refused to enter into any such arrangement, and determined to make the Cedar Valley Company entirely independent, and to run their line upon the straightest and most economical line from Cedar Rapids to the State line, crossing the Cedar River at Waterloo ; thence to Janesville, leaving Cedar Falls to the left, on the west side of the river. Articles of incorporation were drafted and adopted, and a Board of Directors elected, among whom were Sheldon Fox and George W. Couch, of Black Hawk ; J. C. Traer and Alex. Runyen, of Benton; L. B. Crocker, of New York; Charles Walker, William J. McAlpine, of Chicago, and Franklin Steele, of Minnesota. The Board of Directors elected L. B. Crocker, President ; W. P. Harmon, of Bremer, Vice President; S. C. Bever, of Linn, Treasurer; W. W. Walker, Secretary, and Milo Smith, Chief Engineer. HISTORY OP BLACK HAWK COUNTY. 349- The editor of the Waterloo Register, in the report of this convention, said : . " By this it will be seen that the railroad policy of Cedar Valley is definitely settled, although we have no doubt it will be some time * * * before we shall have the pleasure of riding over the road. But * * it is to be built sometime, and upon the air-line principle as nearly as may be. Much will depenJ upon the people along the Valley, as they are to grade and tie the road themselves, without any assistance from abroad." STEAMBOAT NAVIGATION. In 1858, a steamboat of about one hundred tons capacity was built by citi- zens of Cedar Rapids for the Upper Cedar traffic, and named the " Black Hawk." That year is noted for the extreme high water, and almost all the season the Cedar was high enough for steamboat purposes. A boat was already running down the river from Cedar Rapids, and the intention was to con- nect with it there, although the freight had to be transferred on account of the dam. On the 8th of October, the " Black Hawk " made its appearance at Water- loo amid the wildest excitement of its citizens, who fired salutes, ran up flags, and made other demonstrations of joy. The first landing was effected down be- low the island, and subsequently the boat was moved up to the bank near the- livery stables. The boat was a stern-wheeler, with J. J. Snouffer, of Cedar Rapids, as Captain, and the first trip up was of several days' duration, as ob- structions had to be removed from the channel, and frequent stoppages were made to procure wood, etc. On the day following his arrival, Capt. Snouffer gave a free excursion to the citizens for a trip down the river. In the evening the citizens returned the compliment by giving the Captain and the officers of the boat a grand banquet at Capwell's Hall, at which were speeches, toasts, responses and congratulations, and, presumably, the good cheer induced dreams of a custom house here, with direct trade established with all European ports. The news of the arrival of the steamboat excited the citizens of Cedar Falls almost as much as those of Waterloo. The dam across the river at the latter place, however, was an effectual bar to any advance up the river, and the peo- ple of the former town did not relish the idea of having Waterloo stand at the head of navigation. Delegations were sent to interview the Captam, and strong threats were made of tearing out the dam and raising Cain- generally. But the Captain made a trial trip, with Andrew MuUarky, of Cedar Falls, at the bow to point out the way, and after spending several hours, it was demonstrated that the boat could not even reach the dam, and the citizens up above had to relinquish the idea of being a port of entry. Two or three trips were made before the close of navigation, and the boat was a great help to the town. Salt, which had formerly been sold at p.UO per barrel, with only fifty cents profit, dropped down to |4.00, and other bulky ar- ticles in the same proportion. Freights from Chicago were reduced to seventy cents per hundred, which was very low for that time. Waterloo became the headquarters for the salt trade for all the points, north and west. In 1859, trips were resumed and continued until the water got so low that it was impossible to make the ascent. The last trip the boat had to be unloaded at Gilbertville and her cargo then hauled by wagon to Waterloo. 1 he boat was afterward taken back to Cedar Rapids, and what became of it is not known m this Ipcality. 350 HISTORY OP BLACK HAWK COUNTY. THE LAST INDIAN COUNCIL. The last meeting of the Indian tribes in this vicinity was on the 5th of Au- gust, 1858. Little Priest, a Winnebago Chief, with his band, had arrived at the forks of the Cedar late in July, and sent a messenger requesting the Potta- watomies to meet him. The Pottawatomies arrived opposite JanesviHe, and were ferried over, the river being very high. The Pottawatomie braves formed in battle array less than a mile north of James Newell's house, and marched toward the Winnebago tents in a column twelve deep, breaking into a circle «very hundred yards, and firing their guns and beating drums. When they reached the Winnebago camp, they fired a salute and dismounted, the squaws taking care of the horses. A great feast was then served in a bower ■erected for the purpose. That night the Indians had a dance, witnessed by many of the white settlers. The next morning a council was held in the bower, which lasted about an hour, followed by a speech from Little Priest, about twenty minutes long, followed by the pipe being lighted by the Potta- watomie Chief, who passed it to Little Priest, and it went from mouth to mouth all round the tent. A lot of goods were then distributed. By this time nu- merous visitors had arrived from Waverly, JanesviHe, Cedar Falls and Water- loo, who asked to see a war dance, which the Indians refused, saying that they were to leave in half an hour. They packed up at once, and were all gone in the time announced. LETTER EROM A WINNEBAGO. While speaking of the Indians and their final disappearance from Black Hawk County, it may be well to remark that if the Indians never forgave an •enemy, they seldom forgot a friend. The friendship between James Newell and the Winnebagoes was never dis- turbed, ex^cept in 1847, when one of the Indians stole a horse from Newell and sold the animal to a man named Way, a noted character of Benton County. Newell allowed himself to be fooled by another Indiati, who offered, if Newell would give him a horse pistol, a blanket and one or two other articles, to go down to Way's, steal the horse and bring him back. Newell let him have the articles, and the Indian came back, in about a week, minus horse, pistol, blanket, and his own property as well. He did not get the horse as he had promised, but had enjoyed a huge drunk in Benton County. The following letter from Bradford L. Porter, one of the Winnebago Chiefs, to Newell is well worth reading, as it shows better than anything the historian ■can say the high regard the Indians had for this hardy, energetic pioneer : May 25th, 1864, Winnebago Agency. My Dear Friend — To James Newell : I received your letter the 24;th of this month. I was Tery glad to hear from you. My family, they like to go back to your place now very much. I have been tell them I will try go back soon ever I get money enough to start with. You stated to me you wanted to know if we are going to remove again or not. I think we shall remove to Big Sioux River some time next Fall. We don't know yet what time it may be — may be not until quite late, and may be some time this Summer, soon we get our payments — money and goods. Soon we get our money and goods, we shall start all ■down the river. Let the Agent stay here alone if he can do better may be without us this Summer. Our Agent he is down below yet, waiting for the steamboat come up the river so to he put all his goods on, provisions and all, fetch all right up with him at once. The boats they can't do much now. Since last week river beginning to rise about two feet now. They say going to be fifteen steamboats come up on this river very soon now for the Government. I have nothing of importance to write to you this time. My family they all well now ; we are doing very good now, so far, my family a«d my brothers. I got my brother's wife in the school ■with me ; I allow her forty dollars a month ; she can get plenty to eat now. The next time you write to me be sure find out about how all the people feel toward the Winnebagoes tribes about HISTORY OF BLACK HAWK COUNTY. 351 consummate the trade with Mr. Russell. But on the 5th day of September, another committee was appointed, consisting of Messrs. William Gilchrist, D. E. Champlin and C. May, "to purchase a lot, not exceeding twenty acres, for poor purposes. September 5, 1866, a committee was appointed to purchase a lot not exceed- ing twenty acres for poor purposes ; Wm. Gilchrist, D. E. Champlin and C. May, Committee. Tuesday, January 8, 1867, this Committee reported that they had purchased the private residence of Mr. Gilchrist (Block 21, Lots 1, 2, 3 and 4), for |3,500. Mr. Gilchrist was a member of the Purchasing Committee and it is said suc- ceeded in making a bargain advantageous to himself, with himself. January 8, 1868, the Directors of the Poor House (Samuel D. Shaw and W. F. Bunn) reported that an addition to the house had been built at a cost of $1,320.68. A portion of the county poor are provided for at this house, but many are relieved by Township Trustees and by the county in addition to those then furnished with a home at the County Poor House. The first Superintendent was H. A. Henderson, who served until 1877, when he was succeeded by George K. Beal. January 9, 1867, on petition of citizens, the Board ordered that that por- tion of East Waterloo Township known as Cedar City be annexed to Cedar Falls Township. . On Saturday, July 21, 1866, the people of Black Hawk County were excited by the startling intelligence that a little girl 3^ years old, daughter of Mr. Barney E. Wheeler, of Lester Township, had unaccountably disappeared. About 9 o'clock A. M. of that day, she and her brother, several years older, went to carry some water to their father who was at work in the field about sixty rods from the house. Their errand performed, the children started to return to the house. The little girl was a little slow in her movements, and her brother became impatient and went home, leaving her to take her time. Mrs. Wheeler asked him where he left his sister, and he told her, " at the edge of the cornfield." As the little one did not come in, her mother went out to the spot where the little boy said he left her, but she was not there. Mr. Wheeler was called from his work, and both commenced search, having become thoroughly alarmed ; but no trace of the lost one could be found. The neighborhood was alarmed, and by 3 o'clock P. M. all the neighbors in the vicinity were engaged in the search. During that night men were stationed all around the houses for several miles who were listening eagerly to hear the cries of the child. The next morning two men said they thought they heard cries near a slough in the vicinity, but a thorough search in that locality revealed nothing. On Sun- day, the whole county was aroused and at least 200 people, mostly on horse- back, were engaged in the search, but not a trace of the missing child could be found. It was as if the little one had been removed from the face of the earth. On Monday the excitement and sympathy for the mysteriously bereaved family became intense. All work was thrown aside, for everybody felt that to aid in the search for the lost one was a sacred duty. From all parts of the county, and from Bremer, the people gathered. From twenty-five to one hun- dred men went every day from Waterloo alone, and for ten days the most vigorous search was maintained. The county was swept for miles by mounted men and men on foot, and every foot of ground supposed to be carefully examined. Several large fields of grain were trampled down, and the prairie HISTORY OF BLA.CK HAWK COUNTY. 355. grass and hazel brush flattened to the ground for miles, but yet no trace of the lost one. The most exaggerated reports were in circulation. Now, a lightning rod man had seen a child crying at the road side, and now, somebody had seen her with two men in a wagon traveling northward ; now, she had been seen and described by a lady in Payette County ; anon, was heard from in Minnesota. " One thing is evident," said the Waterloo Courier of the 2d of August, "the child must be some distance from home, for everything has been searched within four or five miles around the house." Mr. Wheeler, although a poor man, offered |300 reward for information that would lead to the discovery of his daughter. As the people became satisfied that the child had been spirited away and would not be found in the vicinity of home, the search was abandoned ; but Mr. Wheeler continued to follow the rumors as long as his money held out. George Barker, of Lester, followed the trail of the team driven by a man who had been seen with the child, to the Mississippi River at Dubuque, and visited every ferry and crossing from that point to the mouth of Yellow River, but was compelled to return home without discovering any trace of the object of his search. On Saturday morning, November 3d, Mr. Siple, a neighbor of the Wheelers, was engaged in trapping near his house, when his attention was attracted to a little clump of hazel bushes surrounded by some tall grass, by the singular con- duct of his dog. Here, upon examination, he found the bones of a child ; the clothing, however, was in a good state of preservation and enabled him to identify the remains as those of the little child who had so mysteriously disap- peared more than three months before. The spot was about one-fourth of a mile from Mr. Siple's house, and only about a mile and a quarter from Mr. Wheeler's ; and it is among the mysteries that are difiicult to solve to under- stand horn the spot could have escaped discovery during the minute and extended search made in July and August. January 11, 1867, the county authorities authorized the County Treasurer to pay a bounty of 10 cents for each pocket-gopher scalp presented. These little pests had become so numerous and so injurious to the agricultural interests of the county, that for several years about f 1,000 annually was paid out for bounties on these little animals. June 10, 1875, the Board of Supervisors authorized the payment of a bounty of 10 cents for each gray and 5 cents for each striped gopher presented during a term of sixty days. The first bridge across the Cedar in this county was built by subscription by G. W. Couch, contractor. It was constructed on wooden piers, and was opened to the public in SeptemDer, 1859. In 1864 or '65, two spans of this bridge fell and were replaced ; but in the freshet soon afterward, the entire structure was swept away. June 6, 1866, the County Board appropriated $5,000 to build a new bridge across the river at this point, which was completed in 1867 at a cost of $9,269.75. Four years afterward, in 1871, it was found necessary to provide, for a better and more permanent structure, and August 16, 1871, the County Supervisors Ordered, That the sum of $8,000, or so much thereof as may be necessary, be appropriated out of the bridge fund to build necessary abutments, and not more than four piers, for a new bridge on the site of the present bridge across the Cedar River, in the city of Waterloo ; and that the Board of Supervisors act in Committee of the Whole to receive proposals, and let the contract in whole or in part for furnishing material and for building said abutments and piers. September 6, 1871, in the matter of the Waterloo bridge, the Board not having authority to appropriate more than $12,000 for any one bridge, and 356 HISTORY OF BLACK HAWK COUNTY. having already appropriated $8,000 for building the abutments and piers, submitted the question of appropriating $18,000 for the superstructure to a vote of the people, at the general election on the second Tuesday in October, 1871. September 9, 1871, on petition of the citizens of Waterloo, it was ordered that the east end of the new bridge be at the center of the county road, and that the west end be at the center of Bridge street, as near as practicable. December 4, 1871, a canvass of the election shojYed that there were 892 votes for the appropriation for VTaterloo bridge, and 912 against said appropria- tion. Appropriation lost. January 3, 1872, the Board appropriated $4,700 (the limit allowed by law) for Waterloo bridge. Feb. 17, 1872, an appropriation of $14,000 was made for the construction ■of the Waterloo bridge, and A. T. Weatherwax, H. B. Allen, and L. A. Cobb, were authorized to receive proposals for the building of the same. This Com- mittee was instructed to report the proposals to the County Bridge Commis- sion, who were authorized to award the same. The contract was awarded to the Ohio Bridge Company, and April 11, 1872, a further appropriation of $1,900 was made. Work was commenced on the bridge and completed in the Summer and Fall of 1872, probably in Septem- ber, as on the 4th of that month the Board ordered warrants to be drawn in favor of the Ohio Bridge Company in payment for building the Waterloo bridge. IRON BRIDGE AT CEDAR FALLS. December 17, 1872, $11,000 was appropriated for an iron bridge at Cedar Falls, the County Bridge Commissioners to award the contract, and Gr. B. Van Saun, A. S. Smith and E. Townsend appointed to superintend the bttilding of the same. June 12, 1868, the Committee on County Buildings and Property reported as follows: * * * We would further recommend to this Board the building of a house or the procuring of one suitable for the Sherifif to live in, near the jail, that he may be better prepared to take charge of the jail and prevent the escape of prisoners — said house to cost not more than §1,000. * * AT Webster, S. A. Cobb, D. E. Champlin, Committee. This report was laid on the table until next session, but on the 10th of Sep- tember was taken up and adopted. The site for the proposed house was desig- ■ nated as the northeast corner of the Court House lot, by the Board, and Messrs. D. E. Champlin and W. F. Brown were appointed to superintend its erection. Work was commenced at once, and pushed so energetically that the Sheriff's domicile was completed in December, 1868. Three children, sons of Israel Scroggy, of Cedar Township, were drowned Feb. 16, 1869, in a small pond abo.ut eighty rods north of the Doxie School House. It was at noon, and the boys of the school were engaged in throwing a ball across the pond, the teacher, George S. Bishop, participating. The teacher threw the ball, which William and Wesley Scroggy ran out upon the pond to catch, when the ice broke, letting them into the water, which was six or eight feet deep. Abram ran out to try and save them, but was pulled in by William. An effort was made by another boy, named Johnson, to get them out, but it was a failure. After being in the water three-quarters of an hour, the boys were taken out by Thomas Doxie and Abraham Turner. 0,