CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 189I BY HENRY WILLIAMS SAGE DATE DU£ Cornell University Library F 627M6 H67 History of Mills County, owa. containin olin 3 1924 028 914 236 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/cu31924028914236 HISTORY MILLS COUNTY, IOWA CONTAINING A HISTORY 01^ THE COUNTY, ITS CITIES, TOWNS, ETC. A BIOGRAPHICAL DIRECTORY OF MANY OF ITS LEADING CITIZENS, WAR RECORD OF ITS VOLUNTEERS IN THE LATE REBEI>LION, GENERAL AND LOCAL STATISTICS, PORTRAITS OF EARLY SET'fLERS AND PROMI- NENT MEN, HISTORY OF IOWA AND THE NORTHWEST, MAP OF MILLS COUNTY, CONSTITUTION OF THE STATE OF IOWA, REMINISCENCES, MISCELLANEOUS MATTERS, ETC. ILLUSTRATED DES MOINES: STATE HISTORICAL COMPANY. 1881. . , /^^*,. « fee ^r- * !■*• -M^t SOUECE OF THE MISSISSIPPI. 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 feague 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 Batisfied that the river flowed into the Gulf of Mexico, turned their course THE NORTHWEST TERRITORY. 23 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 River." 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 — agoing 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, i 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 received from all the noblemen the warmest wislies for his success. The Ohev- 24 THE NORTHWEST TEREITOBT. alier returned to Canada, and busily entered upon his work. He at once rebuilt Fort Prontenac 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 " Bale 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 OP GREEN BAT. 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 Kiahiki, 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 THE NOKTHWEBT TJfiRKITOBY. 25 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 Pim-i-te-wi, that is, a place where there are many fat leasts. 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 " Crevecoeur" (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 unknown route, and in a bad season of the year. He safely reached Cana«/a, 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. Here 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 o.f the Sioux nation, who took them up the river until about the first of May, when they reached some falls, which Hennepin christened Falls of St. Anthony 26 THE NORTHWEST TBRRITOEY. in 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, 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. THE NORTHWEST TEERITOBY. 27 The Mississippi was first discovered by De Soto in April, 1541, in his vain endeavor to find gold and precious gems. In the following Spring, De Soto, weary with hope long deferred, and worn out with his wander- ings, 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 sinall vessels, called brig- antines, 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 La Salle 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 eighth we reascended the river, a little above its confluence with the sea, to find a dry place beyond the reach 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 April, 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. La Salle 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 the third voyage he was killed, through the 28 THE NORTHWEST TEBBITOBY. 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 '■'■ Malbouchia" and by the Spaniards, '■'■la Palissade," from the great -Tl. / J $i /;-j6 5^ 1 '•!>y'''S&*\ V, .^^' 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 THE NORTHWEST TERRITORY. 29' 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 Cahokia, 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 Gravier 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 Oascaskias, autrement dit de I'lmmaculate Conception de la Sainte Vierge, le 9 Novembre, 1712." Soon after the founding of Kaskaskia, the missionary, Pihet, 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 gwiftly~) 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 1718. 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 his 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 Vincennes was erected, all authorities on the subject were carefully examined, and iV02 fixed upon as the correct date. It was accordingly engraved on the corner-stone of the court house. 30 THE NORTHWEST TEEBITORY. injuries, cut off the entire colony at Natchez. Although the company- did liltle 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 r%i 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 w.as 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 most 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 THE NORTHWEST TEKKITOBY. 31 work them as they deserve." Father Marest, writing from the post at Vincenues in 1812, 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." MOUTH OF THE MISSISSIPPI. 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 Ponchartrain (Detroit), at Michillimackanac or Massillimacanac, Fox River of Green Bay, and at Sault Ste. Marie. The fondest dreams of LaSalle were now fuUy 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. 32 THE NOETHrWBST TBEBITOEY. 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 Geilesee, 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 THE NORTHWEST TEKRITORY. 33 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 heard for the first time the distant thunder of the cataract. Arriving HIGH BRIDGE, LAKE BLUFF, LAKE COUNTY, ILLINOIS. 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 34 THE NORTHWEST TEBEITOBY. had been sent by the Canadian Government to explore the copper minee 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 LaSaUe 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 EXPLORATIONS 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 abeady 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 . THE NORTHWEST TBEEITOEY. 35 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 miglxt not only prevent the French 36 THE NOETH-WBST TEBEITOEY. 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 mo.uth. 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 translation 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 Galllsonlere, 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 Toradalioin, this twenty- ninth of July, near the river Ohio, otherwise Beautiful Blvei', 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 Byswlcls, Utrecht, and Alx La Ohapelle." THE NORTHWEST TERBITOEY. 37 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 more 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-manceuvre 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, theyi treated us kindly, and gained our affections. The Governor of Virginia settled on our lands for his own benefit, and, 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- 38 THE NOETH-W-BST TEEEITOEY. ing the positions and purposes of the French, Governor Dinwiddle 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 p^ilous 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 Creek. 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 Creek. 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 Dinwiddle, 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 THE NORTHWEST TEERITOET. 39 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 soout 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, Contrecoeur, 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 40 i'HE NORTHWEST TBKKITORY. 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 and 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 ths 10th of February of that year, and under its provisions all the country east of the Mississippi and north of the Iberville 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 THE NORTHWEST TBBEITOET. 41 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 whila 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 bf 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, 1768, a general conspiracy was formed to fall suddenly 42 THE NORTHWEST TEKEITOEY. !^'^^ -1 PONTIAC, THE OTTAWA CHIEFTAIN. THE NOKTHWBST TERRITORY. 43 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, 1763. 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 forttess. 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 44 THE NORTHWEST TERRITORY. 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 English, 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 Crevecceur 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. 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 bt-en 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- ■ olicb 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- THE NORTHWEST TEBRITOKY. iS 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 thafrstream about fourteen miles, marked out several large tracts of land, shot several buffalo, which were then abundant in the Ohioi 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. Thia 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 strongly 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 manufactures of some kind for themselves, and when all connection upheld by commerce with the mother country ceases, an independence/ 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 46 THE NOBTHWBST TBKEITOBT. strenuously objected, gmng,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 emigratioii 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 Alleghanies 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 English 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 THE NORTHWEST TBBEITORT. 4T 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 tim& " 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 wer& 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 la. 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. Louis 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 48 THE NORTHWEST TEREITOKY. 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 ^ast 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 fprt 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, sufficient 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 g^te 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 sentine],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 house 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, THE NORTHWEST TEKEITOET. 49 and recognizing the great benefits of obtaining the control of the trade in 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. He 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 soutn, ana 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 5th. 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 Gol. W. B. Smith to Hoi- 50 THE NOBTHWKST TEBEITOKY. ston for the same purpose, but neither succeeded in raising the required number of men. The settlers in these parts were afraid to leave their own firesides exposed to a vigilant foe, and but few could be induced to join 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. Having 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 sca,lped a foe. With this impression on their minds, Clark saw that proper management would cause them to submit at once from fear, if siirprised, 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 withotit 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 THE NORTHWEST TBKBITOBY. 51 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 ia.d 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 Genelral 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 Khives. 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 th6 entrance of the fort by a loaded cannon ready to fire upon his assail- ants, demanded upon what terms Hamilton demanded possession of tha fort. Being granted the rights of a prisoner of war, he surrendered to tjhe British General, who could scarcely believe his eyes when he saw the force ii^ the garrison. Hamilton, not realizing the character of the men with whom he was (Sontending, gave up his intended campaign for the Winter, sent his four hundred Indian warriors to prevent troops from Qoming down the Ohio, E 52 THE NORTHWEST TERKITOEY. and to annoy the Americans in all ways, and sat qnietly 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 from 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. THE NORTHWEST TERRITORY. iJO 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 mouth 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 54 THE NORTHWEST TBKKITOI|Y. 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 "vras 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, many of such dark deeds transpiring under the leadership of the notorious THE NOKTHWBST TBBEITOET. 55 frontier outlaw, Simon Girty, whose name, as well as those of his brothers, was a terror to women and children. These occurred chiefly 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 destruo- INDIANS ATTACKING FEONTIEKSMKN. tion. By the close of the year victory had perched upon the AmericaA 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 56 THE NOETHWEST TBRRITOBY. proclaimed to the army of the United States, and on the 3d 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 bought at the vast expense of forty-five shillings per pound from Phila- THE NOBTHWEST TBERITOEY. ' 57 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, 1T84, the military claimants of land began to occupy them, although no entries were recorded until 1787. v 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 gg,ined. 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 Congi-ess, 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. 58 THE HOBTHWEST TEKEITOEY. 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 PBESBNT SITE OF l.AlCE SlEEET BKIDGB, CHICAGO, IN 1833. by parallels and meridian lines. This, it was thought, would make ten states, which were to have been named as follows — beginning at the northwest corner and going southwardly : Sylvania, Michigania, Cher- sonesus, Assenisipia, Metropotamia, lUenoia, Saratoga, Washington, Poly- potamia and Pelisipia. There was a more serious objection to this plan than its category of names,— the boundaries. The root of the difficulty was in the resolu- tion of Congress passed in October, 1780, which fixed the boundaries of the ceded lands to be from one hundred to one hundred and fifty miles THE NORTHWEST TBRRITOBY. 59 square. These resolutions being presented to the Legislatures of Vir- 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 remainder to follow as soon as possible. Congress, in the meantime, upon the :W 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 AUeghenies 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. 60 THE NORTHWEST TEEEITOKY. Gen. St. Clair, the appointed Governor of the Northwest, not having^ yet arrived, a set of laws were passedj written out, and published by being nailed to a tree in the embryo town, and Jonathan Meigs appointed to administer them. • 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 men better calcu- lated to promote the welfare of such a community." i-rV^i A PIONBEK DWELI.ING. 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 Martins ;'' square number 19, "■ Oapitolium ;" square number 61, " Cecilia ;" and the great road through the covert way, " Sacra Via." Two days after, an oration 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 1787provided two district grades of government for the Northwest, THE NORTHWEST TERRITORY. 61 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 River 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 which 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 62 THE NORTHWEST TERRITORY. 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 LAKE BLTTFF. Thefrontageof Lake Bluff Grounds on Lake Michigan, with one hundred andseventy feet of gradual ascent. Was defeated in two battles, near the present City of Fort 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 THE NORTHWEST TERRITORY. 63 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 by 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 commodious 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 th& occupation of that part of the Northwest including Michigan, which wa& 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 Wayne, 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- 64 THE NORTHWEST TERRITORY. quarters to the neighborkood 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 la,id 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 Pindlay 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 13 th 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 Bryd to the • office of Secretary of the Territory vice Wm. Henry Harrison, elected to Congress. The Senate confirmed his nomination the next day. THE NOKXHWEST TBKEITORY. 65 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 diflQcUlt 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. * * * * Xo 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, ChilUcothe 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, aiid entered upon his duties about a year later. Connecticut also about this time released her claims to the reserve, and in March a law 66 THE NOETHWEST TBEEITOBY. ■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 ChUlicothe. 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 France 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 g^ranted 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 $15,000,000. Thus by a peaceful mode, the domain of the United States 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 and 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 THE NORTHWEST TEBKIXOBY. 67 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, irom 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 Lbnault. 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 failure, 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. 68 IHB NORTHWEST TBBRITOBY. TECUMSEH, THE SHAWANOE CHIEFTAIN. THE NORTHWEST TBKRITOEY. 69 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 possess'ed 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 prep9.rations 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 70 THE NORTHWEST TBEEITOEY. 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. Prom 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 could 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 Michigaii. THE NORTHWEST TERRITORY. 71 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. LNDIANS ATTACKIifG A STOCKADB. 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. 72 THE NORTBTWBST TEEBITOEY. 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, under 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. • THE NORTHWEST TBBEITOEY. 7B On the 28th of December the Bank of Illinois, at Shawneetown, was chartered, with a capital of $300,000. At this period ail. banks were under the control of the States, and were allowed to establish branches at different convenient points. Until this time Chillicothe 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 ^ere 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 that 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 1783, he Went on an expedition against the enemies of his nation, the Osages, one 74 THE NOETHWEST TBEEITORT. BLACK HAWK, THE SAC CHIEFTAIN. THE NORTHWEST TEEEITORY. 76 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 1 800, 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 Fathef ," 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 hz'^ a few days before occurred. Of his connection with the British ■ M xn o t-l '^ l-l a H o n o o (^ a ^ 30 HISTOET OF THE STATE OF ILLINOIS. call a great peace convention of Western Indians at Green Bay, preparv tory to the movement for the discovery of the Mississippi. It was deemed a good stroke of policy to secure, as far as possible, the friend- ship and co-operation of the Indians, far and near, before venturing upon an enterprise which their hostility might render disastrous, and which their friendship and assistance would do so much to make successful ; and to this end Perrot was sent to call together in council the tribes throughout the Northwest, and to promise them the commerce and pro- tection of the French government. He accordingly arrived at Green Bay in 1671, and procuring an escort of Pottawattamies, proceeded in a bark canoe upon a visit to the Miamis, at Chicago. Perrot was there- fore the first European to set foot upon the soil of Illinois. Still there were others before Marquette. In 1672, the Jesuit mis-, "sionaries, Fathers Claude AUouez and Claude Dablon, bore the. standard of the Cross from their mission at Green Bay through western Wisconsin and northern Illinois, visiting the Foxes on Fox River, and the Masquo- tines and Kickapoos at the mouth of the Milwaukee. These missionaries penetrated on the route afterwards followed by Marquette as far as the Kickapoo village at the head of Lake Winnebago, where Marquette, in his journey, secured guides across the portage to the Wisconsin. The oft-repeated story of Marquette and Joliet is well known. They were the agents employed by the Canadian government to discover the Mississippi. Marquette was a native of France, born in 1637, a Jesuit priest by education, and a man of simple faith and of great zeal and devotion in extending the Roman Catholic religion among the Indians. Arriving in Canada in 1666, he was sent as a missionary to the far Northwest, and, in 1668, founded a mission at Sault Ste. Marie. The following year he moved to La Pointe, in Lake Superior, where he instructed a branch of the Hurons till 1670, when he removed south, and founded the mission at St. Ignace, on the Straits of Mackinaw. Here he remained, devoting a portion of his time to the study of the IlUnois language under a native teacher who had accompanied him to the mission from La Pointe, till he was joined by Joliet in the Spring of 1673. By the way of Green Bay and the Fox and Wisconsin Rivers, they entered the Mississippi, which they explored to the mouth of the Arkansas, and returned by the way of the Illinois and Chicago Rivers to Lake Michigan. On bis way up the Illinois, Marquette visited the great village of the Kaskaskias, near what is now Utica, in the county of LaSalle. The following year he returned and established among them the mission of the Immaculate Virgin Mary, which was the first Jesuit mission founded in Illinois and in the Mississippi Valley. The intervening winter be had spent in a hut which his companions erected on the Chicago River, a few leagues from its mouth. The founding of this mission was the last HISTOETt OP THE STATE OF ILLINOIS. 91 act of Marquette's life. He died in Michigan, on his way back to Green Bay, May 18, 1675. FIRST FRENCH OCCUPATION. The first French occupation of the territory now embraced in Illi- nois was effected by LaSalle in 1680, seven years after the time of Mar- C[uette and Joliet. LaSalle, having constructed a vessel, the " Griffin," above the falls of Niagara, which he sailed to Green Bay, and having passed thence in canoes to the mouth of the St. Joseph River, by which and the Kankakee he reached the Illinois, in January, 1680, erected Fort Crevecoeur, at the lower end of Peoria Lake, where the city of Peoria is now situated. The place where this ancient fort stood may still be seen just below the outlet of Peoria Lake. It was destined, however, to a temporary existence. From this point, LaSalle determined to descend the Mississippi to its mouth, but did not accomplish this purpose till two years later — in 1682. Returning to Fort Frontenac for the purpose of getting materials with which to rig his vessel, he left the fort in charge of Touti, his lieutenant, who during his absence was driven off by the Iro- quois Indians. These savages had made a raid upon the settlement of the Illinois, and had left nothing in their track but ruin and desolation. Mr. Davidson, in his History of Illinois, gives the following graphic account of the picture that met the eyes of LaSalle and his companions on their return : " At the great town of the Illinois they were appalled at the scene which opened to their view. No hunter appeared to break its death-like silence with a salutatory whoop ot welcome. The plain on which the town had stood was now strewn with charred fragments of lodges, which •had so recently swarmed with savage life and hilarity. To render more hideous the picture of desolation, large numbers of skulls had been placed on the upper extremities of lodge-poles which had escaped the devouring flames. In the midst of these horrors was the rude fort of the spoilers, rendered frightful by the same ghastly relics. A near approach showed that the graves had been robbed of their bodies, and swarms of buzzards were discovered glutting their loathsome stomachs on the reeking corruption. To complete the work of destruction, the growing corn of the village had been cut down and burned, while the pits containing the products of previous years, had been rifled and their contents scattered with wanton waste. It was evident the suspected blow of the Iroquois had fallen with relentless fury." Tonti had escaped LaSalle knew not whither. Passing down the lake in search of him and his men, LaSalle discovered that the fort had been destroyed, but the vessel which he had partly constructed was still 92 HISTORY OP THE STATE OP ILLINOIS. on the stocks, and but slightly injured. After further fruitless search, failing to find Tonti, he fastened to a tree a painting representing himself and party sitting in a canoe and bearing a pipe of peace, and to the paint- ing attached a letter addressed to Tonti. Tonti had escaped, and, after untold privations, taken shelter among the Pottawattamies near Green Bay. These were friendly to the French; One of their old chiefs used to say, " There were but three great cap- tains in the world, himself, Tonti and LaSalle." GENIUS OF LaSALLE. We must now return to LaSalle, whose exploits stand out in such bold relief. He was borp in Rouen, France, in 1643. His father was wealthy, but he renounced his patrimony on entering a college of the Jesuits, from which he separated and came to Canada a poor man in 1666. The priests of St. Sulpice, among whom he had a brother, were then the proprietors of Montreal, the nucleus of which was a seminary or con- vent founded by that order. The Superior granted to LaSalle a large tract of land at LaChine, where he established himself in the fur trade. He was a man of daring genius, and outstripped all his competitors in exploits of travel and commerce with the Indians. In 1669, he visited the headquarters of the great Iroquois Confederacy, at Onondaga, in the heart of New York, and, obtaining guides', explored the Ohio River to the falls at Louisville. In order to understand the genius of LaSalle, it must be remembered that for many years prior to his time the missionaries and traders were obliged to make their way to the Northwest by the Ottawa River (of Canada) on account of the fierce hostility of the Iroquois along the lower lakes and Niagara River, which entirely closed this latter route to the Upper Lakes. They carried on their commerce chiefly by canoes, pad- dling them through the Ottawa to Lake Nipissing, carrying them across the portage to French River, and descending that to Lake Huron. This being the route by which they reached the Northwest, accounts for the fact that all the earliest Jesuit missions were established in the neighboi^ hood of the Upper Lakes. LaSalle conceived the grand idea of opening the route by Niagara River and the Lower Lakes to Canadian commerce by sail vessels, connecting it with the navigation of the Mississippi, and thus opening a magnificent water communication from the Gulf of St. Lawrence to the Gulf of Mexico. This truly grand and comprehensive purpose seems to have animated him in all his wonderful achievements and the matchless difficulties and hardships he surmounted. As the first step in the accomplishment of this object he established himself on Lake Ontario, and built and garrisoned Fort Frontenac, the site of the present HISTOEY OF THE STATE OF ILLINOIS. 93 city of Kingston, Canada. Here he obtained a grant of land from the French crown and a body of troops by which he beat back the invading Iroquois and cleared the passage to Niagara Falls. Having by this mas- terly stroke made it safe to attempt a hitherto untried expedition, his next step, as we have seen, was to advance to the Falls with all his outfit for building a ship with which to sail the lakes. He was success- ful in this undertaking, though his ultimate purpose was defeated by a strange combination of untoward circumstances. The Jesuits evidently hated LaSalle and plotted against him, because he had abandoned them and co-operated with a rival order. The fur traders were also jealous of his superior success in opening new channels of commerce. At LaChine he had taken the trade of Lake Ontario, which but for his presence there would have gone to Quebec. While they were plodding with their barn: canoes through the Ottawa he was constructing sailing vessels to com- mand che trade of the lakes and the Mississippi. These great plans excited the jealousy and envy of the small traders, introduced treason and revolt into the ranks of his own companions, and finally led to the foul assassination by which his great achievements were prematurely ended. In 1682, LaSalle, having completed his vessel at Peoria, descended the Mississippi to its confluence with the Gulf of Mexico. Erecting a standard on which he inscribed the arms of France, he took formal pos- session of the whole valley of the mighty river, in the name of Louis XIV., then reigning, in honor of whom he named the country Louisiana. LaSalle then went to France, was appointed Governor, and returned with a fleet and immigrants, for the purpose of planting a colony in Illi- nois. They arrived in due time in the Gulf of Mexico, but failing to find the mouth of the Mississippi, up which LaSalle intended to sail, his supply ship, with the immigrants, was driven ashore and wrecked on Matagorda Bay. With the fragments of the vessel he constructed a stockade and rude huts on the shore for the protection of the immigrants, calling the post Fort St. Louis. He then made a trip into New Mexico, in search of silver mines, but, meeting with disappointment, returned to find his little colony reduced to forty souls. He then resolved to travel on foot to Illinois, and, starting with his companions, had reached the valley of the Colorado, near the mouth of Trinity river, when he was shot by one of his men. This occurred on the 19th of March, 1687. Dr. J. W. Foster remarks of him : " Thus fell, not far from the banks of the Trinity, Robert Cavalier de la Salle, one of the grandest charac- ters that ever figured in American history — a man capable of originating the vastest schemes, and endowed with a will and a judgment capable of carrying them to successful results. Had ample facilities been placed by the King of France at his disposal, the result of the colonization of this continent might have been far different from what we now behold." 94 HISTOET OP THE STATE OP ILLINOIS. ^ EARLY SETTLEMENTS. A temporary- settlement was made at Fort St. Louis, or the old Kas- kaskia village, on the Illinois River, in what is now LaSalle County, in 1682. In 1690, this was removed, with the mission connected with it, to Kaskaskia, on the river of that name, emptying into the lower Mississippi in St. Clair County. Cahokia was settled about the same time, or at least, both of these settlements began in the year 1690, though it is now pretty well settled that Cahokia is the older place, and ranks as the oldest permanent settlement in Illinois, as well as in the Mississippi Valley. The reason for the removal of the old Kaskaskia settlement and mission, was probably because the dangeroucs and difficult route by Lake Michigan and the Chicago portage had been almost abandoned, and travelers and traders passed down and up the Mississippi by the Fox and Wisconsin River route. They removed to the vicinity of the Mississippi in order to be in the line of travel from Canada to Louisiana, that is, the lower part of it, for it was all Louisiana then south of the lakes. During the period of French rule in Louisiana, the population prob- ably never exceeded ten thousand, including whites and blacks. Within that portion of it now included in Indiana, trading posts were established at the principal Miami villages which stood on the head waters of the Maumee, the Wea villages situated at Ouiatenon, on the Wabash, and the Piankeshaw villages at Post Vincennes ; all of which were probably visited by French traders and missionaries before the close of the seven- teenth century. In the vast territory claimed by the French, many settlements of considerable importance had sprung up. Biloxi, on Mobile Bay, had been founded by D'lbervUle, in 1699 ; Antoine de Lamotte Cadillac had founded Detroit in 1701 ; and New Orleans had been founded by Bien- ville, under the auspices of the Mississippi Company, in 1718. In Illi- nois also, considerable settlements had been made, so that in 1730 they embraced one hundred and forty French families, about six hundred " con- verted Indians," and many traders and voyageurs. In that portion of the country, on the east side of the Mississippi, there were five distinct set- tlements, with their respective villages, viz. : Cahokia, near the mouth of Cahokia Creek and about five miles below the present city of St. Louis ; St. Philip, about forty-five miles below Cahokia, and four miles above Fort Chartres; Fort Chartres, twelve miles above Kaskaskia." Kaskaskia, situated on the Kaskaskia River, five miles above its conhu- ence with the Mississippi ; and Prairie du Rocher, near Fort Chartres- To these must be added St. Genevieve and St. Louis, on the west side of the Mississippi. These, with the exception of St. Louis, are among I HISTORY OF THE STATE OF ILLINOIS. 95 the oldest French towns in the Mississippi Valley. Kaskaskia, in its best days, was a town of some two or three thousand inhabitants. After it passed from the crown of France its population for many years did not exceed fifteen hundred. Under British rule, in 1773, the population had decreased to four hundred and fifty. As early as 1721, the Jesuits had established a college and a monastery in Kaskaskia. Fort Chartres was first built under the direction of the Mississippi Company, in 1718, by M. de Boisbraint, a military officer, under command of Bienville. It stood on the east bank of the Mississippi, about eighteen miles below Kaskaskia, and was for some time the headquarters of the military commandants of the district of Illinois. In the Centennial Oration of Dr. Fowler, delivered at Philadelphia, by appointment of Gov. Beveridge, we find some interesting facts with regard to the State of Illinois, which we appropriate in this history : In 1682 Illinois became a possession of the French crown, a depend- ency of Canada, and a part of Louisiana. In 1765 the English flag was run up on old Fort Chartres, and IlHnois was counted among the treas- ures of Great Britain. In 1779 it was taken from the English by Col. George Rogers Clark. This man was resolute in nature, wise in council, prudent in policy, bold in action, and heroic in danger. Few men who have figured in the his- tory of America are more deserving than this colonel. Nothing short of first-class ability could have rescued Vincens and all Illinois from the English. And it is not possible to over-estimate the influence of this achievement upon the republic. In 1779 Illinois became a part of Vir- ginia. It was soon known as Illinois County. In 1784 Virginia ceded all this territory to the general government, to be cut into States, to be republican in form, with " the same right of sovereignty, freedom, and independence as the other States." In 1787 it was the object of the wisest and ablest legislation found in any merely human records. No man can study the secret history of THE " COMPACT OF 1787," and not feel that Providence was guiding with sleepless eye these unborn States. The ordinance that on July 13, 1787, finally became the incor- porating act, has a most marvelous history. Jefferson had vainly tried to secure a system of government for the northwestern territory. He was an emancipationist of that day, and favored the exclusion of slavery from the territory Virginia had ceded to the general government; but- the South voted him down as often as it came up. In 1787, as late as- July 10, an organizing act without the anti-slavery clause was pending. This concession to the South was expected to carry it. Congress was ia 96 HISTORY OF THE STAa?E OF ILLINOIS. session in New York City. On July 5, Rev. Dr. Manasseh Cutler, of Massachusetts, came into New York to lobby on the northwestern terri- tory. Everything seemed to fall into his hands. Events were ripe. The state of the public credit, the growing of Southern prejudice, the basis of his mission, his personal character, all combined to complete 6ne of those sudden and marvelous revolutions of public sentiment that once in five or ten centuries are seen to sweep over a country like the breath of the Almighty. Cutler was a graduate of Yale — received his A.M. from Harvard, and his D.D. from Yale. He had studied and taken degrees in the three learned professions, medicine, law, and divinity. He had thus America's best indorsement. He had published a scientific examination of the plants of New England. His name stood second only to that of Franklin as a scientist in America. He was a courtly gentle- man of the old style, a man of commanding presence, and of inviting face. The Southern members said they had never seen such a gentleman in the North. He came representing a company that desired to purchase a tract of land now included in Ohio,«for the purpose of planting a colony. It was a speculation. Government money was worth eighteen cents on the dollar. This Massachusetts company had collected enough to pu^r- chase 1,500,000 acres of land. Other speculators in New York made Dr. Cutler their agent (lobbyist). On the 12th he represented a demand for 5,500,000 acres. This would reduce the national debt. Jefferson and Virginia were regarded as authority concerning the land Virginia had just ceded. Jefferson's policy wanted to provide for the public credit, and this was a good opportunity to do something. Massachusetts then owned the territory of Maine, which she was crowding on the market. She was opposed to opening the northwestern region. This fired the zeal of Virginia. The South caught the inspira- tion, and all exalted Dr. Cutler. The English minister invited him to dine with some of the Southern gentlemen. He was the center of interest. The entire South rallied round him. Massachusetts could not vote against him, because many of the constituents of her members were interested personally in the western speculation. Thus Cutler, making friends with the South, and, doubtless, using all the arts of the lobby, was enabled to command the situation. True to deeper convictions, he dictated one of the most compact and finished documents of wise states- manship that has ever adorned any human law book. He borrowed from Jefferson the term " Articles of Compact," which, preceding the federal constitution, rose into the most sacred character. He then followed very closely the constitution of Massachusetts, adopted three years before. Its most marked points were : 1. The exclusion of slavery from the territory forever. 2. Provision for public schools, giving one township for a seminary, HISTORY OF THE STATE OF ILLINOIS. " 97 and every section numbered 16 in each township ; that is, one-thirty-sixth of all the land, for public schools. 3. A provision prohibiting the adoption of any constitution or the enactment of any law that should nullify pre-existing contracts. Be it forever remembered that this compact declared that " Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall always be encouraged." Dr. Cutler planted himself on this platform and would not yield. Giving his unqualified declaration that it was that or nothing — that unless they could make the land desirable they did not want it — he took his horse and buggy, and started for the constitutional convention in Phila- delphia. On July 13, 1787, the bill was put upon its passage, and was unanimously adopted, every Southern member voting for it, and only one man, Mr. Yates, of New York, voting against it. But as the States voted as States, Yates lost his vote, and the compact was put beyond repeal. Thus the great States of Ohio, Indiana, Illinois, Michigan and Wis- consin — a vast empire, the heart of the great valley — were consecrated to freedom, intelligence, and honesty. Thus the great heart of the nation was prepared for a year and a day and an hour. In the light of these eighty- nine years I affirm that this act was the salvation of the republic and the destruction of slavery. Soon the South saw their great blunder, and tried to repeal the compact. In 1803 Congress referred it to a committee of which John Randolph was chairman. He reported that this ordinance was a compact, and opposed repeal. Thus it stood a rock, in the way of the on-rushing sea of slavery. With all this timely aid it was, after all, a most desperate and pro- tracted struggle to keep the soil of Illinois sacred to freedom. It was the natural battle-field for the irrepressible conflict. In the southern end of the State slavery preceded the compact. It existed among the old French settlers, and was hard to eradicate. The southern part of the State was settled from the slave States, and this population brought their laws, customs, and institutions with them. A stream of population from the North poured into the northern part of the State. These sections misunderstood and hated each other perfectly. The Southerners regarded the Yankees as a skinning, tricky, penurious race of peddlers, filling the country with tinware, brass clocks, and wooden nutmegs. The North- erner thought of the Southerner as a lean, lank, lazy creature, burrowing in a hut, and rioting in whisky, dirt and ignorance. These causes aided in making the struggle long and bitter. So strong was the sympathy with slavery that, in spite of the ordinance of 1787, and in spite of the deed of cession, it was determined to allow the old French settlers to retain their slaves. Planters from the slave States might bring their 98 HISTOKT OF THE STATE OP ILLrNOIS. slaves, if they would give them a chance to choose freedom or years of service and bondage for their children till they should become thirty years of age. If they chose freedom they must leave the State in sixty days or be sold as fugitives. Servants were whipped for offenses for which white men are fined. Each lash paid forty cents of the fine. A negro ten miles from home without a pass was whipped. These famous laws were imported from the slave States just as they imported laws hi the inspection of flax and wool when there was neither in the State. These Black Laws are now wiped out. A vigorous effort was made to protect slavery in the State Constitution of 1817. It barely failed. It was renewed in 1825, when a convention was asked to make a new constitution. After a hard fight the convention was defeated. But slaves did not disappear from the census of the State until 1850. There were mobs and murders in the interest of slavery. Lovejoy was added to the list of martyrs — a sort of first-fruits of that long life of immortal heroes who saw freedom as the one supreme desire of their souls, and were so enamored of her that they preferred to die rather than survive her. The population of 12,282 that occupied the territory in A.D. 1800, increased to 45,000 in A.D. 1818, when the State Constitution was adopted, and Illinois took her place in the Union, with a star on the flag and two votes in the Senate. Shadrach Bond was the first Governor, and in his first message he recommended the "construction of the Illinois and Michigan Canal. The simple economy in those days is seen in the fact that the entire bill for stationery for the first Legislature was only fl3.50. Yet this simple body actually enacted a very superior code. There was no money in the territory before the war of 1812. Deer skins and coon skins were the circulating medium. In 1821, the Legis- lature ordained a State Bank on the credit of the State. It issued notes in the likeness of bank bills. These notes were made a legal tender for every thing, and the bank was ordered to loan to the people f 100 on per- sonal security, and more on mortgages. They actually passed a resolu- tion requesting the Secretary of the Treasury of the United States to receive these notes for land. The old French Lieutenant Governor, Col. Menard, put the resolution as follows: " Gentlemen of the Senate : It is moved and seconded dat de notes of dis bank be made land-office money. All in favor of dat motion say aye ; all against it say no. It is decided in de affirmative. Now, gentlemen, I bet you one hundred dollar he never be land-office money ! " Hard sense, like hard money, is always above par. This old Frenchman presents a fine figure up against the dark back- ground of most of his nation. They made no progress. They clung to their aarliest and simplest implements. They never wore hats or cap» HISTOKT OF THE STATE OF ILLINOIS. 99 They pulled their blankets over their heads in the winter like the Indians, with whom they freely intermingled. Demagogism had an early development. One John Grammar (only in name), elected to the Territorial and State Legislatures of 1816 and 1836, invented the policy of opposing every new thing, saying, " If it succeeds, no one will ask who voted against it. If it proves a failure, he could quote its record." In sharp contrast with Grammar was the char- acter of D. P. Cook, after whom the county containing Chicago was named. Such was his transparent integrity and remarkable ability that his will was almost the law of the State. In Congress, a young man, and from a poor State, he was made Chairman of the Ways and Means Committee. He was pre-eminent for standing by his committee, regard- less of consequences. It was his integrity that elected John Quincy Adams to the Presidency. There were four candidates in 1824, Jackson, Clay, Crawford, and John Quincy Adams. There being no choice by the people, the election was thrown into the House. It was so balanced that it turned on his vote, and that he cast for Adams, electing him ; then went home to face the wrath of the Jackson party in Illinois. It cost him all but character and greatness. It is a suggestive comment on the times, that there was no legal interest till 1830. It often reached 150 per cent., usually 50 per cent. Then it was reduced to 12, and now to 10 per cent. PHYSICAL FEATURES OF THE PRAIRIE STATE. In area the State has 55,410 square miles of territory. It is about 150 miles wide and 400 miles long, stretching in latitude from Maine to North Carolina. It embraces wide variety of climate. It is tempered on the north by the great inland, saltless, tideless sea, which ke,eps the thermometer from either extreme. Being a table land, from 600 to 1,600 feet above the level of the sea, one is prepared to find on the health maps, prepared by the general government, an almost clean and perfect record. In freedom from fever and malarial diseases and consumptions, the three deadly enemies of the American Saxon, Illinois, as a State, stands without a superior. She furnishes one of the essential conditions of a great people — sound bodies. I suspect that this fact lies back of that old Delaware word, lUini, superior men. The great battles of history that have b^en determinative of dynas- ties and destinies have been strategical battles, chiefly the question of position. Thermopylae has been the war-cry of freemen for twenty-four centuries. It only tells how much there may be in position. All this advantage belongs to Illinois. It is in the heart of the greatest valley in the world, the vast region between the mountains — a valley that could H 100 HISTORY OP THE STATE OF ILLINOIS. feed mankind for one thousand years. It is well on toward the center of the continent. It is in the great temperate belt, in which have been found nearly all the aggressive civilizations of history. It has sixty-five miles of frontage on the head of the lake. With the Mississippi forming the western and southern boundary, with the Ohio running along the southeastern line, with the Illinois River and Canal dividing the State diagonally from the lake to the Lower Mississippi, and with the Rock and Wabash Rivers furnishing altogether 2,000 miles of water-front, con- necting with, and running through, in all about 12,000 miles of navi- gable water. * But this is not all. These waters are made most available by the fact that the lake and the State lie oh the ridge running into the great valley from the east. Within cannon-shot of the lake the water runs away from the lake to the Gulf. The lake now empties at both ends, one into the Atlantic and one into the Gulf of Mexico. The lake thus seems to hang over the land. This makes the dockage most serviceable ; there are no steep banks to damage it. Both lake and river are made for use. The climate varies from Portland to Richmond ; it favors every pro- duct of the continent, including the tropics, with less than half a dozen exceptions. It produces every great nutriment of the world except ban- anas and rice. It is hardly too much to say that it is the most productive spot known to civilization. With the soil full of bread and the earth full of minerals ; with an upper surface of food and an under layer of fuel ; with perfect natural drainage, and abundant springs and streams and navigable rivers ; half way between the forests of the North and the fruits of the South ; within a day's ride of the great deposits of iron, coal, cop- per, lead, and zinc; containing and controlling the great grain, cattle, pork, and lumber markets of the world, it is not strange that Illinois has the advantage of position. This advantage has been supplemented by the character of the popu- lation. In the early days when Illinois was first admitted to the Union, her population were chiefly from Kentucky and Virginia. But, in th§ conflict of ideas concerning slavery, a strong tide of emigration came in from the East, and soon changed this composition. In 1870 her non- native population were from colder soils. New York furnished 133,290 j Ohio gave 162,623 ; Pennsylvania sent on 98,352 ; the entire South gave us only 206,734. In all her cities, and in all her German and Scandina- vian and other foreign colonies, Illinois has only about one-Mth of her people of foreign birth. HISTORY OF THE STATE OF ILLINOIS. IQl PROGRESS OF DEVELOPMENT. One of the greatest elements in the early development of Illinpis is the Jfllinois and Michigan Canal, connecting the Illinois and Mississippi Rivers with the lakes. It was of the utmost importance to the State. It was recommended by Gov. Bond, the first governor, in his first message. In 1821, the Legislature appropriated §10,000 for surveying the route. Two bright young engineers surveyed it, and estimated the cost at 1600,000 or $700,000. It finally cost $8,000,000. In 1825, a law was passed to incorporate the Canal Company, but no stock was sold. In 1826, upon the solicitation of Cook, Congress gave 800,000 acres of land on the line of the work. In 1828, another law — commissioners appointed, and work commenced with new sjirvey and new estimates. In 1834-35, George Farquhar made an able report on the whole matter. This was, doubtless, the ablest report ever made to a western legislature, and it became the model for subsequent reports and action. From this the work went on till it was finished in 1848. It cost the State a large amount of money ; but it gave to the industries of the State an impetus that pushed it up into the first rank of greatness. It was not built as a speculation any more than a doctor is employed on a speculation. But it has paid into the Treasury of the State an average annual net sum of over $111,000. Pending the construction of the canal, the land and town-lot fevei broke out in the State, in 1834-85. It took on the malignant type in Chicago, lifting the town up into a city. The disease spread over the entire State and adjoining States. It was epidemic. It cut up men's farms without regard to locality, aud eut up the purses of the purchasers without regard to consequences. It is estimated that building lots enough were sold in Indiana alone to accommodate every citizen then in the United States. Towns and cities were exported to the Eastern market by the ship- load. There was no lack of buyers. Every up-ship came freighted with speculators and their money. This distemper seized upon the Legislature in 1836-37, and left not one to tell the tale. They enacted a system of internal improvement without a parallel in the grandeur of its conception. They ordered the construction of 1,300 miles of railroad, crossing the State in all direc- tions. This was surpassed by the river and canal improvements. There were a few counties not touched by either railroad or river or canal, and those were to be comforted and. compensated by the free dis- tribution of $200,000 among them. To inflate this balloon beyond cre- dence it was ordered that work should be commenced on both ends of 102 HISTORY OF THE STATE OP ILLINOIS. each of these railroads and rivers, and at each river-crossing, all at the same time. The appropriations for these vast improvements were over $12,000,000, and commissioners were appointed to borrow the money on the credit of the State. Remember that all this was in the early days of railroading, when railroads were luxuries; that the State had whole counties with scarcely a cabin ; and that the population of the State was less than 400,000, and you can form some idea of the vigor with which these brave men undertook the work of making a great State. In the light of history I am compelled to say that this was only a premature throb of the power that actually slumbered in the soil of the State. It was Hercules in the cradle. At this juncture the State Bank loaned its funds largely to Godfrey Gilman & Co., and to other leading houses, for the purpose of drawing trade from St. Louis to Alton. Soon they failed, and took down the bank with them. In 1840, all hope seemed gone. A population of 480,000 were loaded with a debt of $14,000,000. It had only six small cities, really only towns, namely : Chicago, Alton, Springfield, Quincy, Galena, Nauvoo. This debt was to be cared for when there was not a dollar in the treas- ury, and when the State had borrowed itself out of all credit, and when there was not good money enough in the hands of all the people to pay the interest of the debt for a single year. Yet, in the presence of all these difficulties, the young State steadily refused to repudiate. Gov. Ford took hold of the problem and solved it, bringing the State through in triumph. Having touched lightly upon some of the more distinctive points in the history of the development of Illinois, let us next briefly consider the MATERIAL RESOURCES OF THE STATE. It is a garden four hundred miles long and one hundred and fifty miles wide. Its soil is chiefly a black sandy loam, from six inches to sixty feet thick. On the American bottoms it has been cultivated for one hundred and fifty years without renewal. About the old French towns it has yielded corn for a century and a half without rest or help. It produces nearly everything green in the temperate and tropical zones. She leads all other States in the number of acres actually under plow. Her products from 25,000,000 of acres are incalculable. Her mineral we alth is scarcely second to her agricultural power. She has coal, iron, lead, copper, zinc, many varieties of building stone, fire clay, curaa clay, common brick clay, sand of all kinds, gravel, mineral paint — every thing needed for a high civilization. Left to herself, she has the elements of all greatness. The single item of coal is too vast for an appreciatitB HTSTOEY OF THE STATE OF ILLINOIS. 103 handling in figures. We can handle it in general terms like algebraical signs, but long before Ve get up into the millions and billions the human mind drops down from comprehension to mere symbolic apprehension. "When I tell you that nearly four-fifths of the entire State is under- laid with a deposit of coal more than forty feet thick on the average (now estimated, by recent surveys, at seventy feet thick), you can get some idea of its amount, as you do of the amount of the national debt. There it is! 41,000 square miles — one vast mine into which you could put any of the States ; in which you could bury scores of European and ancient empires, and have room enough all round to work without know- ing that they had been sepulchered there. Put this vast coal-bed down by the other great coal deposits of the world, and its importance becomes manifest. Great Britain has 12,000 square miles of coal ; Spain, 3,000 ; France, 1,719 ; Belgium, 578 ; Illinois about twice as many square miles as all combined. Virginia has 20,000 square miles ; Pennsylvania, 16,000 ; Ohio, 12,000. Illinois has 41,000 square miles. One-seventh of all the known coal on this continent is in Illinois. Could we sell the coal in this single State for one-seventh of one cent a ton it would pay the national debt. Converted into power, even, with the wastage in our common engines, it would do more work than could be done by the entire race, beginning at Adam's we4ding and working ten hours a day through all the centuries till the present time, and right on into the future at the same rate for the next 600,000 years. Great Britain uses enough mechanical power to-day to give to each man, woman, and child in the kingdom the help and service of nineteen untiring servants. No wonder she has leisure and luxuries. No wonder the home of the common artisan has in it more luxuries than could be found in the palace of good old King Arthur. Think, if you can conceive of it, of the vast army of servants that slumber in the soil of Illinois, impatiently awaiting the call of Genius to come forth to minister to our comfort. At the present rate of consumption England's coal supply will be exhausted in 250 years. When this is gone she must transfer her dominion either to the Indies, or to British America, which I would not resist ; or to some other people, which I would regret as a loss to civilization. COAL IS KING. At the same rate of consumption (which far exceeds our own) the deposit of coal in Illinois will last 120,000 years. And her kingdom shall be an everlasting kingdom. ■^ Let us turn now from this reserve power to the awnual products of 104 HISTORY OF THE STATE OF ILLINOIS. the State. We shall not be humiliated in this field. Here we strike the secret of our national credit. Nature provides a 'market in the constant appetite of the race. Men must eat, and if we can furnish the provisions we can command the treasure. All that a man hath will he give for his Hfe. According to the last census Illinois produced 30,000,000 of bushels of wheat. That is more wheat than was raised by any other State in the Union. She raised In 1875, 130,000,000 of bushels of corn — twice as much as any other State, and one-sixth of all the corn raised in the United States. She harvested 2,747,000 tons of hay, nearly one-tenth of all the hay in the Republic. It is not generally appreciated, but it is true, that the hay (*op of the country is worth more than the cotton crop. The hay of Illinois equals the cotton of Louisiana. Go to Charleston, S. C, and see them peddling handfuls of hay or grass, almost as a curiosity, as we regard Chinese gods or the cryolite of Greenland ; drink your coffee and condensed milk ; and walk back from the coast for many a league through the sand and burs till you get up into the better atmos- phere of the mountains, without seeing a waving meadow or a grazing herd ; then you will begin to appreciate the meadows of the Prairie State, where the grass often grows sixteen feet high. The value of her farm implements is $211,000,000, and the value of her live stock is only second to the great State. of New York. in 1875 she had 25,000,000 hogs, and packed 2,113,845, about one-half of all that were packed in the United States. This is no insignificant item. Pork is a growing demand of the old world. Since the laborers of Europe have gotten a taste of our bacon, and we have learned how to pack it dry in boxes, like dry goods, the world has become the market. The hog is on the march into the future. His nose is ordained to uncover the secrets of dominion, and his feet shall be guided by the star of empire. Illinois marketed $57,000,000 worth of slaughtered animals — ^more than any other State, and a seventh of all the States. Be patient with me, and pardon my pride, and I will give you a list of some of the things in which Illinois excels all other States. Depth and richness of soil ; per cent, of good ground ; acres of improved land ; large farms — some farms contain from 40,000 to 60,000 acres of cultivated land, 40,000 acres of corn on a single farm ; number of farmers ; amount of wheat, corn, oats and honey produced ; value of ani- mals for slaughter ; number of hogs ; amount of pork ; number of horses — three times as many as Kentucky, the horse State. Illinois excels all other States in miles of railroads and in miles of postal service, and in money orders sold per annum, and in the amount of lumber sold in her markets. HISTORY OF THE STATE OP njthe building. This was nearly $6,000 higher than the estimate of the previous year, notwithstanding a large sum had been expended in the meantime. This rather discouraging discrep- ancy was accounted for by the fact that the oflScers in charge of the work were constantly short of funds. Except the congressional appropriation of $20,000 and the loan of $5,500, obtained from the Miners' Bank, of Dubuque, all the funds for the prosecution of the work were derived from the sale of the city lots (which did not sell very rapidly), from certificates of indebtedness, and from scrip, based upon unsold lots, which was to be received in payment for such lote when they were sold. At one time, the Superintendent made a requisition for bills of iron and glass, which could not be obtained nearer than St. Louis. To meet this, the Agent sold some lots for a draft, payable at Pittsburgh, Pa., for which he was compelled to pay twenty-five per cent, exchange. This drafl;, amounting to $507, that officer reported to be more than one-half the cash actually handled by him during the entire season, when the disbursements amounted to very nearly $24,000. With such uncertainty, it could not be expected that estimates could be very accurate. With all these disadvantages, however, the work appears to have been prudently prosecuted, and as rapidly as circumstances would permit. HISTORY OF THE STATE OF IOWA. 181 Iowa remained a Territory from 1838 to 1846, during which the office of Governor was held by Robert Lucas, John Chambers and James Clarke. STATE ORGANIZATION. By an act of the Territorial Legislature of Iowa, approved February 12, 1844, the question of the formation of a State Constitution and providing for the election of Delegates to a convention to be convened for that purpose was submitted to the people, to be voted upon at their township elections in April following. The vote was largely in favor of the measure, and the Delegates elected assembled in convention at Iowa City, on the 7th of October, 1844. On the first day of November following, the convention completed its work and adopted the first State Constitution. The President of the convention, Hon. Shepherd Leffler, was instructed to transmit a certified copy of this Constitution to the Delegate in Congress, to be by him submitted to that body at the earliest practicable day. It was also pro- vided that it should be submitted, together with any conditions or changes that might be made by Congress, to the people of the Territory, for their approval or rejection, at the township election in April, 1845. The boundaries of the State, as defined by this Constitution, were as fol- lows: Beginning in the middle of the channel of the Mississippi River, opposite mouth of the Des Moines River, thence up the said river Des Moines, in the middle of the main channel thereof, to a point where it is intersected by the Old Indian Boundary line, or line run by John January, 1871, to to January, 1875 ; David Secor, January, 1875, to . State Printers — Office created Jan. 3, 1840 — Garrett D. Palmer and George Paul, 1849; William H. Merritt, 1851 to 1853; William A. Hornish, 1853 (resigned May 16, 1853); Mahoney & Dorr, 1853 to 1855; Peter Moriarty, 1855 to 1857 ; John Teesdale, 1857 to 1861 ; Francis W. Palmer, 1861 to 1869 ; Frank M. Mills, 1869 to 1870 ; G. W. Edwards, 1870 to 1872 ; R. P. Clarkson, 1872 to . Adjutants Greneral — Daniel S. Lee, 1851-5; Geo. W. McCleary, 1855-7; Elijah Sells, 1857 ; Jesse Bowen, 1857-61 ; Nathaniel Baker, 1861 to 1877; John H. Looby, 1877 to . Attorneys General — David C. Cloud, 1853-56 ; Samuel A. Rice, 1856-60! Charles C. Nourse, 1861-4; Isaac L. Allen, 1865 (resigned January, 1866); Frederick E. Bissell, 1866 (died June 12, 1867); Henry O'Connor, 1867-72; Marsena E. Cutts, 1872-6 ; John F. McJunkin, 1877. Presidents of the Senate — Thomas Baker, 1846-7 ; Thomas Hughes, 1848 ; John J. Selman, 1848-9 ; Enos Lowe, 1850-1 ; William E. Leffing- vrell, 1852-3; Maturin L. Fisher, 1854-5; William W. Hamilton, 1856-7. Under the new Constitution, the Lieutenant Governor is President of the Senate. Speakers of the House — Jesse B. Brown, 1847-8; Smiley H. Bonhan, 1849-50; George Temple, 1851-2; James Grant, 1853-4; Reuben Noble, 1855-6 ; Samuel McFarland, 1856-7 ; Stephen B. Sheledy, 1858-9 ; John Edwards, 1860-1 ; Rush Clark, 1862-3 ; Jacob Butler, 1864-5 ; Ed. Wright, 1866-7 ; John Russell, 1868-9 ; Aylett R. Cotton, 1870-1 ; James Wilson, 1872-3 ; John H. Gear, 1874-7 ; John Y. Stone, 1878. Niw Constitutional Convention, 1859 — Francis Springer, President ; Thos. J. Saunders, Secretary. HISTORY OF THE STATE OF IOWA. 225 STATE OFFICERS, 1878. John H. Gear, Governor ; Frank T. Campbell, Lieutenant Governor ; Josiah T. Young, Secretary of State; Buren R. Sherman, Auditor of State; George W. Bemis, Treasurer of State ; David Secor, Register of State Land Office ; John H. Looby, Adjutant General; John F. McJunken, Attorney General; Mrs. Ada North, State Librarian ; Edward J. Holmes, Clerk Supreme Court ; John S. Runnells, 'Reporter Supreme Court; Carl W. Von Coelln, Superintend- ent Public Instruction ; Richard P. Clarkson, State Printer ; Henry A. Perkins, State Binder; Prof. Nathan R. Leonard, Superintendent of Weights and Measures; William H. Fleming, Governor's Private Secretary; Fletcher W. Young, Deputy Secretary of State; John C. Parish, Deputy Auditor of State; Erastus G. Morgan, Deputy Treasurer of State; John M. Davis, Deputy Reg- ister Land Office; Ira C. Kling, Deputy Superintendent Public Instruction. THE JUDICIARY. SUPBEME COUKT OP IOWA. Ohief Justices. — Charles Mason, resigned in June, 1847 ; Joseph Williams, Jan., 1847, to Jan., 1848 ; S. Clinton Hastings, Jan., 1848, to Jan., 1849; Joseph Williams, Jan., 1849, to Jan. 11, 1855 ; Geo. G. Wright, Jan. 11, 1855, to Jan., 1860 ; Ralph P. Lowe, Jan., 1860, to Jan. 1, 1862 ; Caleb Baldwin, Jan., 1862, to Jan., 1864 ; Geo. G. Wright,Jan., 1864, to Jan., 1866 ; RalphP. Lowe, Jan.,1866, to Jan., 1868; John F. Dillon, Jan., 1868, to Jan., 1870; Chester C. Cole, Jan. 1, 1870, to Jan. 1, 1871; James G. Day, Jan. 1, 1871, to Jan. 1, 1872; Joseph M. Beck, Jan. 1, 1872, to Jan. 1, 1874; W. B. Miller, Jan. 1, 1874, to Jan. 1, 1876 ; Chester C. Cole, Jan. 1, 1876, to Jan. 1, 1877 ; James G. Day, Jan. 1, 1877, to Jan. 1, 1878; James H. Rothrock, Jan. 1, 1878. Associate Judges. — Joseph Williams; Thomas S. Wilson, resigned Oct., 1847; John F. Kinney, June 12, 1847, resigned Feb. 15, 1854; George Greene, Nov. 1, 1847, to Jan. 9, 1855; Jonathan C. Hall, Feb. 15, 1854, to succeed Kinney, resigned, to Jan., 1855; William G. Woodward, Jan. 9, 1855; Norman W. Isbell, Jan. 16, 1855, resigned 1856 ; Lacen D. Stockton, June 3, 1866, to succeed Isbell, resigned, died June 9, 1860 ; Caleb Baldwin, Jan. 11, 1860, to 1864; Ralph P. Lowe, Jan. 12, 1860; George G. Wright, June 26, 1860, to succeed Stockton, deceased; elected TJ. S. Senator, 1870; John F. Dil- lon, Jan. 1, 1864, to succeed Baldwin, resigned, 1870; Chester C. Cole, March 1, 1864, to 1877 ; Joseph M. Beck, Jan. 1, 1868 ; W. B. Miller, October 11, 1864, to succeed Dillon, resigned; James G. Day, Jan. 1, 1871, to succeed Wright. SUPREME oorRT, 1878. James H. Rothrock, Cedar County, Chief Justice; Joseph M. Beck, Lee County, Associate Justice ; Austin Adams, Dubuque County, Associate Justice ; WiUiam H. Seevers, Oskaloosa County, Associate Justice; James G. Day, Fre- mont County, Associate Justice. CONGRESSIONAL REPRESENT ATION. UNITED STATES SENATOES. (The first General Assembly failed to elect Senators.) George W. Jones, Dubuque, Dec. 7, 1848-1858 ; Augustus C. Dodge, Bur- lington, Dec. 7, 1848-1855; James Harlan, Mt. Pleasant, Jan. 6, 1855-1865; James W. Grimes, Burlington, Jan. 26, 1858-died 1870 ; Samuel J. Kirkwood, Iowa City, elected Jan. 13, 1866, to fill vacancy caused by resignation of James 226 HISTORY OF THE STATE OP IOWA. Harlan ; James Harlan, Mt. Pleasant, March 4, 1866-1872 ; James B. Howell, Keol5;uk, elected Jan. 20, 1870, to fill vacancy caused by the death of J. W. Grimes — term expired March 3d ; George G. Wright, Des Moines, March 4, 1871-1877 ; William B. Allison, Dubuque, Match 4, 1872 ; Samuel J. Kirk- wood, March 4, 1877. MBMBEK3 OF HOUSE OF KEPKEBENTATIVBS. Twenty-ninth Congress — 18^6 to 184-7. — S. Clinton Hastings; Shepherd Leffler. Thirtieth Congress — 184-7 to 1849. — First District, William Thompson; Second District, Shepherd Leffler. ^ Thirty-first Congress — 1849 to 1851. — First District, First Session, Wm. Thompson ; unseated by the House of Representatives on a contest, and election remanded to the people. First District, Second Session, Daniel F. Miller. Second District, Shepherd Leffler. Thirty-second Congress — 1851 to 1853. — First District, Bernhart Henn. Second District, Lincoln Clark. Thirty-third Congress — 1858 to 1855. — First District, Bernhart Henn. Second District, John P. Cook. Thirty-fourth Congress — 1855 to 1857. — First District, Augustus Hall. Second District, James Thorington. Thirty-fifth Congress — 1857 to 1859. — First District, Samuel R. Curtis. Second District, Timothy Davis. • Thirty-sixth Congress — 1859 to 1861. — First District, Samuel R. Curtis. Second District, William Vandever. Thirty-seventh Congress — 1861 to 1863. — First District, First Session, Samuel R. Curtis.* First District, Second and Third Sessions, James F. Wil-, son. Second District, William Vandever. Thirty-eighth Congress — 1863 to 1865. — First District, James F. Wilson. Second District, Hiram Price. Third District, William B. Allison. Fourth District, Josiah B. Grinnell. Fifth District, John A. Kasson. Sixth District, Asahel W. Hubbard. Thirty-ninth Congress — 1865 to 1867. — First District, James F. Wilson ; Second District, Hiram Price; Third District, William B. Allison; Fourth District, Josiah B. Grinnell ; Fifth District, John A. Kasson ; Sixth District, ; Asahel W. Hubbard. Fortieth Congress— 1867 to 1869. — First District, James F. Wilson ; Sec- ond District, Hiram Price ; Third District, William B. Allison, Fourth District, William Loughridge; Fifth District, Grenville M. Dodge; Sixth District, i Asahel W. Hubbard. I Forty-first Congress — 1869 to 1871. — First District, George W. McCrary; Second District, William Smyth ; Third District, William B. Allison ; Fourth District, William Loughridge ; Fifth District, Frank W. Palmer ; Sixth Dis- trict, Charles Pomeroy. « Forty-second Congress — 1871 to 1873. — First District, George W. Mc- Crary ; Second District, Aylett R. Cotton; Third District, W. G. Donnan; Fourth District, Madison M. Waldon ; Fifth District, Frank W. Palmer ; Sixth District, Jackson Orr. Forty-third Congress — 1873 to 1875. — First District, George W. McOrary; Second District, Aylett R. Cotton ; Third District, William Y. Donnan ; Fourth District, Henry 0. Pratt; Fifth District, James Wilson; Sixth District, * Vacated seat by acceptance of commission as Brigadier General, and J. F. Wilson chosen his successor. HISTORY OF THE STATE OF IOWA. 229 William Loughridge; Seventh District, John A, Kasson; Eighth District, James W. McDill ; Ninth District, Jackson Orr. Forty-fouHh Congress — 1875 to 1877. — First District, George "W. Mc- Crary ; Second District, John Q. Tufts ; Third District, L. L. Ainsworth ; Fourth District, Henry 0. Pratt ; Fifth District, James Wilson ; Sixth District, Ezekiel S. Sampson; Seventh District, John A. Kasson; Eighth District, James W. McDill ; Fifth District, Addison Oliver. Forty-fifth Congress— 1877 to 1879.— Yirsi District, J. C. Stone; Second District, Hiram Price ; Third District, T. W. Burdick ; Fourth District, H. C. Deering ; Fifth District, Rush Clark ; Sixth District, E. S. Sampson ; Seventh District, H. J. B. Cummings ; Eighth District, W. F. Sapp ; Ninth District, Addison Oliver. WAR RECORD. The State of Iowa may well be proud of her record during the War of the Rebellion, from 1861 to 1865. The following brief but comprehensive sketch of the history she made during that trying period is largely from the pen of Col. A. P. Wood, of Dubuque, the author of " The History of Iowa and the War," one of the best works of the kind yet written. " Whether in the promptitude of her responses to the calls made on her by the General Government, in the courage and constancy of her soldiery in the field, or in the wisdom and efficiency with wiiich her civil administration was conducted during the trying period covered by the War of the Rebellion, Iowa proved herself the peer of any loyal State. The proclamation of her Governor, responsive to that of the President, calling for volunteers to compose her First Regiment, was issued on the fourth day after the fall of Sumter. At the end of only a single week, men enough were reported to be in quarters (mostly in the vicinity of their own homes) to fill the regiment. These, however, were hardly more than a tithe of the number who had been offered by company com- manders for acceptance under the President's call. So urgentVere these offers that the Governor requested (on the 24th of April) permission to organize an additional regiment. While awaiting an answer to this request, he conditionally accepted a sufficient number of companies to compose two additional regiments. In a short time, he was notified that both of these would be accepted. Soon after the completion of the Second and Third Regiments (which was near the close of May), the Adjutant General of the State reported that upward of one hundred and seventy companies had been tendered to the Governor to serve agaiiist the enemies of the Union. " Much difficulty and considerable (Jelay occured in fitting these regiments for the field. For the First Infantry a complete outfit (not uniform) of clothing was extemporized — principally by the volunteered labor of loyal women in the different towns — from material of various colors and qualities, obtained within the limits of the State. The same was done in part for the Second Infantry. Meantime, an extra session of the General Assembly had been called by the Governor, to convene on the 15th of May. With Ijut little delay, that body authorized a loan of $800,000, to meet the extraordinary expenses incurred, and to be incurred, by the Executive Department, in consequence of the new emer- gency. A wealthy merchant of the State (Ex-Governor Merrill, then a resident of McGregor) immediately took from the Governor a contract to supply a com- plete outfit of clothing for the three regiments organized, agreeing to receive, should the Governor so elect, his pay therefor in State bonds at ..par. This con- V p 230 HISTORY OF THE STATE OF IOWA. tract he executed to the letter, and a portion of the clothing (which was manu-' factured in Boston, to his order) was delivered at Keokuk, the place at which the troops had rendezvoused, in exactly one month from the day on which the contract had been entered into. The remainder arrived only a few days later. This clothing was delivered to the regiment, but was subsequently condemned by the Government, for the reason that its color was gray, and blue had been adopted as the color to be worn by the national troops." Other States also clothed their troops, sent forward under the first call of President Lincoln, with gray uniforms, but it was sooii found that the con- federate forces were also clothed in gray, and that color was at once abandoned by the Union troops. If both armies were clothed alike, annoying if not fatal mistakes were liable to be made. But while engaged in these efforts to discharge her whole duty in common with all the other Union-loving States in the great emergency, Iowa was compelled to make immediate and ample provision for the protection of her own borders, from threatened invasion on the south by the Secessionists of Missouri, and from danger of incursions from the west and northwest by bands of hostile Indians, who were freed from the usual restraint imposed upon them by the presence of regular troops stationed at the frontier posts. These troops were withdrawn to meet the greater and more pressing danger threatening the life of the nation at its very heart. To provide for the adequate defense of her borders from the ravages of both rebels in arms against the Government and of the more irresistible foes from the Western plains, the Governor of the State was authorized to raise and equip two regiments of infantry, a squadron of cavalry (not less than five companies) and a battalion of artillery (not less than three companies.) Only cavalry were enlisted for home defense, however, "but," says Col. Wood, "in times of special danger, or when calls were made by the Unionists of Northern Missouri for assistance against their disloyal enemies, large numbers of militia on foot often turned out, and remained in the field until the necessity for their services had passed. " The first order for the Iowa volunteers to move to the field was received on the 13th of June. It was issued by Gen. Lyon, then commanding the United States forces in Missouri. The First and Second Infantry immediately embarked in steamboats, and moved to Hannibal. Some two weeks later, the Third Infantry was ordered to the same point. These three, together with many other of the earlier organized Iowa regiments, rendered their fijst field service in Missouri. The First Infantry formed a part of the little army with which Gen. Lyon moved on Springfield, and fought the bloody battle of Wilson's Creek. It received unqualified prais^ for its gallant bearing on the field. In the following month (September), the Third Iowa, with but very slight support, fought with honor the sanguinary engagement of Blue Mills Landing ; and in November, the Seventh Iowa, as a part of a force commanded by Gen. Grant, greatly distinguished itself in the battle of Belmont, where it poured out its blood like water — ^losing more than half of the men it took into action. " The initial operations in which the battles referred to took place were fol- lowed by the more important movements led by Gen. Grant, Gen. Curt^, of this State, and other commanders, which resulted in defeating the armies defending the chief strategic lines held by the Confederates in Kentucky, Tenn- nessee, Missouri and Arkansas, and compelling their withdrawal from much of the territory previously controlled by them in those States. In these and other movements, down to the grand culminating campaign by which Vicksburg was. HISTORY OF THE STATE OF IOWA. 231 captured and the Confederacy permanently severed on the line of the Mississippi River, Iowa troops took part in steadily increasing numbers. In the investment and siege of Vicksburg, the State was represented by thirty regiments and two batteries, in addition to which, eight regiments and one battery were employed on the outposts of the besieging army. The brilliancy of their exploits on the many fields where they served won for them the highest meed of praise, both in military and civil circles. Multiplied were the terms in which expression was given to this sentiment, but these words of one of the journals of a neigh- boring State, ' The Iowa troops have been heroes among heroes,' embody the spirit of all. " In the veteran re-enlistments that distinguished the closing months of 1863 above all other periods in the history of re-enlistments for the national armies, the Iowa three years' men (who were relatively more numerous than those of any other State) were prompt to set the example of volunteering for another term of equal length, thereby adding many thousands to the great army of those who gave this renewed and practical assurance that the cause of the Union should not be left without defenders. " In all the important movements of 1864-65, by which the Confederacy was penetrated in every quarter, and its military power finally overthrown, the Iowa troops took part. Their drum-beat was heard on the banks of every great river of the South, from the Potomac to the Rio Grande, and everywhere they rendered the same faithful and devoted service, maintaining on all occasions their wonted reputation for valor in the field and endurance on the march. " Two Iowa three-year cavalry regiments were employed during their whole term of service in the operations that were in progress from 1868 to 1866 ■ against the hostile Indians of the western plains. A portion of these men were among the last of the volunteer troops to be mustered out of service. The State also supplied a considerable number of men to the navy, who took part in most of the naval operations prosecuted against the Confederate power on the Atlantic and Gulf coasts, and the rivers of the West. " The people of Iowa were early and constant workers in the sanitary field, and by their liberal gifts and personal efi"orts for the benefit of the soldiery, placed their State in the front rank of those who became distinguished for their exhibitions of patriotic benevolence during the period covered by the war. Agents appointed by the Governor were stationed at points convenient for ren- dering assistance to the sick and needy soldiers of the State, while others were employed in visiting, from time to time, hospitals, camps and armies in the field, and doing whatever the circumstances rendered possible for the health and comfort of such of the Iowa soldiery as might be found there. " Some of the benevolent people of the State early conceived the idea of establishing a Home for such of the children of deceased soldiers as might be left in destitute circumstances. This idea first took form in 1863, and in the following year a Home was opened at Farmington, Van Buren County, in a building leased for that purpose, and which soon became filled to its utmost capacity. The institution received liberal donations from the general public, and also from the soldiers in the field. In 1865, it became necessary to pro- vide, increased accommodations for the large number of children who were seeking the benefits of its care. This was done by establishing a branch at Cedar Falls, in Black Hawk County, and by securing, during the same year, for the use of the parent Home, Camp Kinsman near the City of Davenport. This property was soon afterward donated to the institution, by act of Congress. 232 HISTORY OF THE STATE OP IOWA. " In 1866, in pursuance of a law enacted for that purpose, the Soldiers' Orphans' Home (which then contained about four hundred and fifty inmates) became a State institution, and thereafter the sums necessary for its support were appropriated from the State treasury. A second branch was established at Glenwood, Mills County. Convenient tracts were secured, and valuable improve- ments made at all the different points. Schools were also established, and em- ployments provided for such of the children as were of suitable age. In all ways the provision made for these wards of the State has been such as to chal- lenge the approval of every benevolent mind. The number of children who have been inmates of the Home from its foundation to the present time is considerably more than two thousand. " At the beginning of the war, the population of Iowa included about one hundred and fifty thousand men presumably liable to render military service. The State raised, for general service, thirty-nine regiments of infantry, nine regiments of cavalry, and four companies of artillery, composed of three years' men ; one regiment of infantry, composed of three months' men ; and four regi- ments and one battalion of infantry, composed of one hundred days' men. The original enlistments in these various organizations, including seventeen hundred and twenty-seven men raised by draft, numbered a little more than sixty-nine thousand. The re-enlistments, including upward of seven thousand veterans, numbered very nearly eight thousand. The enlistments in the regular army and navy, and organizations of other States, will, if added, raise the total to upward of eighty thousand. The number of men who, under special enlistments, and as militia, took part at different times in the operations on the exposed borders of the State, was probably as many as five thousand. " Iowa paid no bounty on account of the men she placed in the field. In some instances, toward the close of the war, bounty to a comparatively small amount was paid by cities and towns. On only one occasion — that of the call of July 18, 1864 — was a draft made in Iowa. This did not occur on account of her proper liability, as established by previous rulings of the War Department, to supply men under that call, but grew out of the great necessity that there existed for raising men. The Government insisted on temporarily setting aside, in part, the former rule of settlements, and enforcing a draft in all cases where subdistricts in any of the States should be found deficient in their supply of men. In no instance was Iowa, as a whole, found to be indebted to the General Government for men, on a settlement of her quota accounts." It is to be said to the honor and credit of Iowa that while many of the loyal States, older and larger in population and wealth, incurred heavy State debts for the purpose of fulfilling their obligations to the General Government, Iowa, while she was foremost in duty, while she promptly discharged all her obligations to her sister States and the Union, found herself at the close of the war without any material addition to her pecuniary liabilities incurred before the war com- menced. Upon final settlement after the restoration of peace, her claims upon the Federal Government were found to be fully equal to the amount of he i- bonds issued and sold during the war to provide the means for raising and equipping her troops sent into the field, and to meet the inevitable demands upon her treasury in consequence of the war. HISTORY OF THE BXATE OF IOWA. 233 INFANTRY. " THE FIRST INFANTEY was organized under the President's first proclamation for volunteers for three months, with John Francis Bates, of Dubuque, as Colonel ; William H. Mer- ritt, of Cedar Rapids, as Lieutenant Colonel, and A. B. Porter, of Mt. Pleas- ant, as Major. Companies A and C were from Muscatine County; Company B, from Johnson County; Companies D and B, from Des Moines County; Company F, from Henry County ; Company G, from Davenport ; Companies H and I, from Dubuque, and Company K, from Linn County, and viere mus- tered into United States service May 14, 1861, at Keokuk. The above com- panies were independent military organizations before the war, and tendered their services before breaking-out of hostilities. The First -was engaged at the battle of Wilson's Creek, under Gen. Lyon, where it lost ten killed and fifty wounded. Was mustered out at St. Louis Aug. 25, 1861. THE SECOND INFANTRY was organized, with Samuel R. Curtis, of Keokuk, as Colonel ; Jas. M. Tuttle, of Keosauqua, as Lieutenant Colonel, and M. M. Crocker, of Des Moines, as Major, and was mustered into the United States service at Keokuk in May, 1861. Company A was from Keokuk ; Company B, from Scott County ; Com- pany C, from Scott County ; Company D, from Des Moines ; Company E, from Fairfield, Jefierson Co. ; Company F, from Van Buren County'; Company G, from Davis County ; Company H, from Washington County ; Company I, from Clinton County ; and Company K, from Wapello County. It participated in the following engagements : Fort Donelson, Shiloh, advance on Corinth, Corinth, Little Bear Creek, Ala.; Tunnel Creek, Ala.; Resaca, Ga.; Rome Cross Roads, Dallas, Kenesaw Mountain, Nick-a-Jack Creek, in front of Atlanta, January 22, 1864 ; siege of Atlanta, Jonesboro, Eden Station, Little Ogeechee, Savannah, Columbia, S. C. ; Lynch's Creek, and Bentonsville. Was on Sherman's march to the sea, and through the Carolinas home. The Second Regiment of Iowa Infantry Veteran Volunteers was formed by the consolidation of the battalions of the Second and Third Veteran Infantry, and was mustered out at Louisville, Ky., July 12, 1865. THE THIRD INFANTEY was organized with N. G. Williams, of Dubuque County, as Colonel ; John Scott, of Story County, Lieutenant Colonel ; Wm. N. Stone, of Marion County, Major, and was mustered into the United States service in May, 1861, at Keokuk. Company A was from Dubuque County ; Company B, from Marion County ; Company C, from Clayton County ; Company D, from Winneshiek County ; Company E, from Boone, Story, Marshall and Jasper Counties ; Com- pany F, from Fayette County ; Company G, from Warren County ; Company H, from Mahaska County ; Company I, from Floyd, Butler Black Hawk and Mitchell Counties, and Company K from Cedar Falls. It was engaged at Blue Mills, Mo. ; Shiloh, Tenn. ; Hatchie River, Matamoras, Vicksburg, Johnson, Miss., Meridian expedition, and Atlanta, Atlanta campaign and Sherman's march to Savannah, and through the Carolinas to Richmond and Washington. The veterans of the Third Iowa Infantry were consolidated with the Second, and mustered out-at Louisville, Ky., July 12, 1864. 234 HISTORY OF THE STATE OP IOWA. THE FOURTH INFANTRY was organized with G. M. Dodge, of Council Bluffs, as Colonel ; John Galligan, of Davenport, as Lieutenant Colonel ; Wm. R. English, Grlenwood, as Major. Company A, from Mills County, was mustered in at Jefferson Bar- racks, Missouri, August 15, 1861 ; Company B, Pottawattamie County, was mustered in at Council Bluffs, August 8, 1861 ; Company 0, Guthrie County, mustered in at Jefferson Barracks, Mo., May 3, 1861 ; Company D, Decatur County, at St. Louis, August 16th ; Company E, Polk County, at Council Bluffs, August 8th ; Company F, Madison County, Jefferson Barracks, August 15th ; Company G, Ringgold County, at Jefferson Barracks, August 15th ; Company H, Adams County, Jefferson Barracks, August 15th ; Company I, Wayne County, at St. Louis, August 31st; Company K, Taylor and Page Counties, at St. Louis, August 31st. Was engaged at Pea Ridge, Chickasaw Bayou, Arkansas Post, Vicksburg, Jackson, Lookout Mountain, Missionary Ridge, Ringgold, Resaca, Taylor's Ridge; came home on veteran furlough February 26, 1864. Returned in April, and was in the campaign against Atlanta, and Sherman's march to the sea, and thence through the Carolinas to Washington and home. Was mustered out at Louisville, Kentucky, July 24, 1865. THE FIFTH INFANTRY was organized with Wm. H. Worthington, of Keokuk, as Colonel; C. Z. Mat- thias, of Burlington, as Lieutenant Colonel; W. S. Robertson, of Columbus City, as Major, and was mustered into the United States service, at Burlington, July 15, 1861. Company A was from Cedar County; Company B, from jasper County ; Company C, from Louisa County; Company D, from Marshall County; Company E, from Buchanan County ; Company F, from Keokuk County ; Com- pany G, from Benton County ; Company H, from Van Buren County ; Company I, from .Jackson County ; Company K, from Allamakee County ; was engaged at New Madrid, siege of Corinth, luka, Corinth, Champion Hills, siege of Vicks- burg, Chickamauga ; went home on veteran furlough, April, 1864. The non- veterans went home July, 1864, leaving 180 veterans who were transferred to the Fifth Iowa Cavalry. The Fifth Cavalry was mustered out at Nashville, Tennessee, Aug. 11, 1865. THE SIXTH INFANTRY. was mustered into the service July 6, 1861, at Burlington, with John A. McDowell, of Keokuk, as Colonel ; Markoe Cummins, of Muscatine, Lieuten- ant Colonel ; John M. Corse, of Burlington, Major. Company A was from Linn County; Company B, from Lucas and Clarke Counties; Company 0, from Hardin County ; Company D, from Appanoose County ; Company E, from Monroe County ; Company F, from Clarke County ; Company G, from Johnson County; Company H, from Lee County; Company I, from Des Moines County ; Company K, from Henry County. It was engaged at Shiloh, Mission Ridge, Resaca, Dallas, Big Shanty, Kenesaw Mountain, Jackson, Black River Bridge, Jones' Ford, etc., etc. The Sixth lost 7 officers killed in action, 18 wounded ; of enlisted men 102 were killed in action, 30 died of wounds, 124 of disease, 211 were discharged for disability and 301 were wounded in action, which was the largest list of casualties, of both officers and men, of any reg- iment from Iowa. Was mustered out at Louisville, Kentucky, July 21, 1865. HISTORY OF THE STATE OF IOWA. 235 THE SEVENTH INFANTRY was mustered into the United States service at Burlington, July 24, 1861, with J. G. Lauman, of Burlington, as Colonel ; Augustus Wentz, of Daven- port, as Lieutenant Colonel, and E. W. Rice, of Oskaloosa, as Major. Com- pany A was from Muscatine County ; Company B, from Chickasaw and Floyd Counties ; Company C, from Mahaska County ; Companies D and E, from Lee County ; Company F, from Wapello County ; Company G, from Iowa County ; Company H, from Washington County ; Company I, from Wapello County ; Company K, from Keokuk. Was engaged at the battles of Belmont (in which it lost in killed, wounded and missing 237 men), Fort Henry, Fort Donelson, Shiloh, siege of Corinth, Corinth, Rome Cross Roads, Dallas, New Hope Church, Big Shanty, Kenesaw Mountain, Nick-a-Jack Creek, siege of Atlanta, battle on 22d of July in front of Atlanta, Sherman's campaign to the ocean, through the Carolinas to Richmond, and thence to Louisville. Was mustered out at Louisville, Kentucky, July 12, 1865. . THE EIGHTH INFANTRY was mustered into the United States service Sept. 12, 1861, at Davenport, Iowa, with Frederick Steele, of the regular army, as Colonel ; James L. Greddes, of Vinton, as Lieutenant Colonel, and J. C. Ferguson, of Knoxville, as Major. Company A was from Clinton County ; Company B, from Scott County ; Company C, from Washington , County ; Company D, from Benton and Linn Counties; Company E, from Marion County; Company F, from Keokuk County ; Company O, from Iowa and Johnson Counties ; Company H. from Mahaska County ; Company I, from Monroe County ; Company K', from Lou- isa County. Was engaged at the following battles : Shiloh (where most of the regimeiit were taken prisoners of war), Corinth, Vicksburg, Jackson and Span- ish Fort. Was mustered out of the United States service at Selma, Alabama, April 20, 1866. THE NINTH INFANTRY was mustered into the United States service September 24, 1861, at Dubuque, with Wm. Vandever, of Dubuque, Colonel ; Frank G. Herron, of Dubuque, Lieutenant Colonel ; Wm. H. Coyle, of Decorah, Major. Company A was from Jackson County ; Company B, from Jones County ; Company C, from Bu- chanan County ; Company D, from Jones County ; Company E, from Clayton County ; Company F, from Fayette County ; Company G, from Black Hawk County ; Company H, from Winneshiek County ; Company I, from Howard County and Company K, from Linn County. Was in the following engage- ments : Pea Ridge, Chickasaw Bayou, Arkansas Post, siege of Vicksburg, Ringgold, Dallas, Lookout Mountain, Atlanta campaign, Sherman's march to the sea, and through North and South Carolina to Richmond. Was mustered out at Louisville, July 18, 1865. THE TENTH INFANTRY was mustered into the United States service at Iowa City September 6, 1861, with Nicholas Perczel, of Davenport, as Colonel ; W. E. Small, of Iowa City, as Lieutenant Colonel ; and John C. Bennett, of Polk County, as Major. Com- pany A was from Polk County ; Company B, from Warren County ; Company C, from Tama County ; Company D, from Boone County ; Company E, from Washington County ; Company F, from Poweshiek County ; Company G, from 236 HISTORY OF THE STATE OF IOWA. Warren County ; Company H, from Greene County ; Company I, from Jasper County ; Company K, from Polk and Madison Counties. Participa'-ed in the following engagements : Siege of Corinth, luka, Corinth, Port Gibson, Eay- mond, Jackson, Champion Hills, Vicksburg and Mission Ridge. In Septem- ber, 1864, the non-veterans being mustered out, the veterans were transferred to the Fifth Iowa Cavalry, where will be found their future operations. ' THE ELEVENTH INFANTRY was mustered into the United States service at Davenport, Iowa, in September and October, 1861, with A. M. Hare, of Muscatine, as Colonel ; Jno. C. Aber- crombie, as Lieutenant Colonel ; Wm. Hall, of Davenport, as Major. Com- pany A was from Muscatine ; Company B, from Marshall and Hardin Counties ; Company C, from Louisa County ; Company D, from Muscatine County ; Com- pany E, from Cedar County ; Company F, from Washington County ; Company G, from Henry County ; Company H, from Muscatine County ; Company I from Muscatine County ; Company K, from Linn County. Was engaged in the battle of Shiloh, siege of Corinth, battles of Corinth, Vicksburg, Atlanta cam- naign, battle of Atlanta, July 22, 186-4. Was mustered out at Louisville, Ky., July 15, 1865. THE TWELFTH INFANTRY was mustered into the United States service November 25, 1861, at Dubuque, with J. J. Wood, of Maquoketa, as Colonel ; John P. Coulter, of Cedar Rapids, Lieutenant Colonel ; Samuel D. Brodtbeck, of Dubuque, as Major. Company A was from Hardin County ; Company B, from Allamakee County ; Company C, from Fayette County ; Company D, from Linn County ; Company E, from Black Hawk County ; Company F, from Delaware County ; Company G, from Winne- shiek County ; Company H, from Dubuque and Delaware Counties ; Company I, from Dubuque and Jackson Counties ; Company K, from Delaware County. It was engaged at Fort Donelson, Shiloh, where most of the regiment was captured, and those not captured were organized in what was called the Union Brigade, and were in the battle of Corinth ; the prisoners were exchanged November 10, 1862, and the regiment re-organized, and then participating in the siege of Vicksburg, battle of Tupelo, Miss.; White River, Nashville and Spanish Fort. The regiment was mustered out">at Memphis, January 20, 1866. THE THIRTEENTH INFANTRY was mustered in November 1, 1861, at Davenport, with M. M. Crocker, of Des Moines, as Colonel ; M. M. Price, of Davenport, Lieutenant Colonel ; John Shane, Vinton, Major. Company A was from Mt. Vernon ; Company B, from Jasper County ; Company C, from Lucas County ; Company D, from Keokuk County ; Company E, from Scott County ; Company F, from Scott and Linn Counties ; Company G, from Benton County ; Company H, from Marshall County ; Company I, from Washington County ; Company K, from Washington County. It participated in the following engagements : Shiloh, siege of Corinth, Corinth, ■ Kenesaw Mountain, siege of Vicksburg, Campaign against Atlanta. Was on Sherman's march to the sea, and through North and South Carolina. Was mustered out at Louisville July 21, 1865. THE FOURTEENTH INFANTRY was mustered in the United States service October, 1861, at Davenport, with Wm. T. Shaw, of Anamosa, as Colonel ; Edward W. Lucas, of Iowa City, as HISTORY OF THE STATE OF IOWA. 237 Lieutenant Colonel ; Hiram Leonard, of Des Moines County, as Major. Com- pany A was from Scott County ; Company B, from Bremer County ; Company D, from Henry and Van Buren Counties ; Company E, from Jasper County ; Company F, from Van Buren and Henry Counties ; Company G, from Tama and Scott Counties; Company H, from Linn County; Company L from Henry County ; Company K, from Des Moines County. Participated in the follow- ing engagements : Ft. Donelson, Shiloh, Corinth (where most of the regiment were taken prisoners of war), Pleasant Hill, Meridian, Ft. De Russey, Tupelo, Town Creek, Tallahatchie, Pilot Knob, Old Town, Yellow Bayou, etc., etc., and was mustered out, except veterans and recruits, at Davenport, Iowa, No- vember 16, 1864. THE FIFTEENTH INFANTKT was mustered into the United States service March 19, 1862, at Keokuk, with Hugb T. Reid, of Keokuk, as Colonel ; Wm. Dewey, of Fremont County, as Lieutenant Colonel ; W. W. Belknap, of Keokuk, as Major. Company A was from Linn County ; Company B, from Polk County ; Company C, from Mahaska County ; Company -D, from Wapello County ; Company E, from Van Buren County ; Company F, from Fremont anil Mills Counties ; Company G, from Marion and Warren Counties ; Company H, from Pottawattamie and Harrison Counties ; Company I, from Lee, Van Buren and Clark Counties ; Company K, from Wapello, Van Buren and Warren Counties. Participated in the battle of Shiloh, siege of Corinth, battles of Corinth, Vicksburg, campaign against At- lanta, battle in front of Atlanta, July 22, 1864, and was under fire during the siege of Atlanta eighty-one days ; was on Sherman's march to the sea, and through the Carolinas to Richmond, Washington and Louisville, where it was mustered out, August 1, 1864. THE SIXTEENTH INFANTRY was mustered into the United States service at Davenport, Iowa, December 10, 1861, with Alexander Chambers, of the regular army, as Colonel; A. H. Sanders, of Davenpo"rt, Lieutenant Colonel; Wm. Purcell, of Muscatine, Major. Company A was from Clinton County ; Company B, from Scott County; Company 0, from Muscatine County; Company D, from Boone County; Company E, from Muscatine County ; Company F, from Muscatine, Clinton and Scott Counties ; Company G, from Dubuque County ; Company H, from Du- buque and Clayton Counties ; Company I, from Black Hawk and Linn Counties ; Company E, from Lee and Muscatine Counties. Was in the battles of Shiloh, siege of Corinth, luka, Corinth, Kenesaw Mountain, Nick-a-Jack Creek, battles around Atlanta; was in Sherman's campaigns, and the Carolina campaigns. Was mustered out at Louisville, Ky., July 19, 1865. THE SEVENTEENTH INFANTRY was mustered into the United States service at Keokuk, in March and April, 1862, with Jno. W. Rankin, of Keokuk, Colonel ; D. B. Hillis, of Keokuk, as Lientenant Colonel; Samuel M. Wise, of Mt. Pleasant, Major. Company A was from Decatur County; Company B, from Lee County; Company C, from Van Buren, Wapello and Lee Counties ; Company D, from Des Moines, Van Buren and Jefferson Counties; Company E, from Wapello County; Com- pany F, from Appanoose County ; Company G, from Marion County ; Com- pany H, from Marion and Pottawattamie Counties ; Company I, from Jefferson and Lee Counties; Company K, from Lee and Polk Counties. They were in 238 HISTORY OF THE STATE OP IOWA. the following engagements : Siege of Corinth, luka, Corinth, Jackson, Cham- pion Hills, Fort Hill, siege of Vicksburg, Mission Ridge, and at Tilton, Ga., Oct. 13, 1864, most of the regiment were taken prisoners of war. Was mus- tered out at Louisville, Ky., July 25, 1865. THE EIGHTEENTH INFANTRY was mustered into the United States service August 5, 6 and 7, 1862, at Clin- ton, with John Edwards, of Chariton, Colonel ; T. Z. Cook, of Cedar Rapids, Lieutenant Colonel ; Hugh J. Campbell, of Muscatine, as Major. Company A, was from Linn and various other counties ; Company B, from Clark County; Company C, from Lucas County; Company D, from Keokuk and Wapello Counties ; Company E, from Muscatine County ; Company F, from Appanoose County ; Company G, from Marion and Warren Counties ; Company H, from Fayette and BentOn Counties; Company I, from Washington County; Com- pany K, from Wapello, Muscatine and Henry Counties, and was engaged in the battles of Springfield, Moscow, Poison Spring, Ark., and was mustered out at Little Rock, Ark., July 20, 1865. THE NINETEENTH INFANTRY was mustered into the United States service August 17, 1862, at Keokuk, with Benjamin Crabb, of Washington, as Colonel ; Samuel McFarland, of Mt. Pleas- ant, Lieutenant Colonel, and Daniel Kent, of Ohio, Major. Company A was from Lee and Van Buren Counties; Company B, from Jeflferson County; Com- pany C, from Washington County ; Company D, from Jefferson County ; Com- pany B, from Lee County; Company F, from Louisa County; Company G, from Louisa County ; Company H, from Van Buren County ; Company I, from Van Buren County; Company K, from Henry County. Was engaged a Prairie Grove, Vicksburg, Yazoo River expedition. Sterling Farm, September 29, 1863, at which place they surrendered ; three officers and eight enlisted men were killed, sixteen enlisted men were woun^led, and eleven officers and two hundred and three enlisted men taken prisoners out of five hundred engaged; they were exchanged July 22d, and joined their regiment August 7th, at New Or- leans. Was engaged at Spanish Fort. Was mustered out at Mobile, Ala., July 10, 1865. THE TWENTIETH INFANTRY was mustered into the United States service August 25, 1862, at Clinton, with Wm. McE. Dye, of Marion, Linn Co., as Colonel : J. B. Leek, of Davenport, as Lieutenant Colonel, and Wm. G. Thompson, of Marion, Linn Co., as Major- Companies A, B, F, H and I were from Linn County ; Companies C, D, E, 6 and K, from Scott County, and was engaged in the following battles : Prairie Grove, and assault on Fort Blakely. Was mustered out at Mobile, Ala., July 8, 1865. THE TWENTY-FIRST INFANTRY was mustered into the service at Clinton in June and August, 1862, with Samuel Merrill (late Governor of Iowa) as Colonel ; Charles W. Dunlap, of Mitchell, as Lieutenant Colonel; S. G. VanAnda, of Delhi, as Major. Com« pany A was from Mitchell and Black Hawk Counties ; Company B, from Clayton County ; Company C, from Dubuque County ; Company D, from Clayton County ; Company E, from Dubuque County ; Company F, from Du- buque County ; Company G, from Clayton County ; Company H, from Delar HISTORY OF THE STATE OF IOWA. 239 ware County ; Company I, from Dubuque County ; Company K, from Delaware County, and was in the following engagements : Hartsville, Mo. ; Black River Bridge, Fort Beauregard, was at the siege of Vicksburg, Mobile, Fort Blakely,. and was mustered out at Baton Rouge, La., July 15, 1865. THE TWENTY-SECOND INFANTRY was mustered into the United States service Sept. 10, 1862, at Iowa City, with Wm. M. Stone, of Knoxville (since Governor of Iowa), as Colonel ; Jno. A. Garrett, of Ifewton, Lieutenant Colonel ; and Harvey Graham, of Iowa City, as Major. Company A was from Johnson County ; Company B, Johnson County ; Company C, Jasper County ; Company D, Monroe County ; Company E, Wapello County ; Company F, Johnson Countv ; Company G, Johnson. County ; Company H, Johnson County ; Company I, Johnson County ; Com- pany K, Johnson County. Was engaged at Vicksburg, Thompson's Hill, Cham- pion Hills, Sherman's campaign to Jackson, at Winchester, in Shenandoah Val- ley, losing 109 men, Fisher's Hill and Cedar Creek. Mustered out at Savannah,. Ga., July 25, 1865. THE TWENTY-THIRD INFANTRY was mustered into United States service at Des Moines, Sept. 19, 1862, with William Dewey, of Sidney, as Colonel ; W. H. Kinsman, of Council Bluffs, as Lieutenant Colonel, and S. L. Glasgow, of Corydon, as Major. Companies A, B and C, were from Polk County ; Company D, from Wayne County ; Com- pany E, from Pottawattamie County ; Company P, from Montgomery County ;. Company G, from Jasper County ; Company H, from Madison County ; Com- pany I, from Cass County, and Company K, from Marshall County. Was in Vicksburg, and engaged at Port Gibson, Black River, Champion Hills, Vicks- burg, Jackson, Milliken's Bend, Fort Blakely, and was mustered out at Harris- burg, Texas, July 26, 1865 THE TWENTY-FOURTH was mustered into United States service at Muscatine, September 18, 1862, withEber C. Byam, of Mount Vernon, as Colonel; John Q. Wilds, of Mount Vernon, as Lieutenant Colonel, and Ed. Wright, of Springdale, as Major. Company A was from Jackson and Clinton Counties ; Companies B and C, from Cedar County; Company D, from Washington, Johnson and Cedar Counties; Company E, from Tama County; Companies F, G and H, from Linn County ; Company I, from Jackson County, and Company K, from Jones County. Was engaged at Port Gibson, Champion Hills, Gen. Banks' Red River expedition, Winchester and Cedar Creek. Was mustered out at Savan- nah, Ga., July 17, 1865. THE TWENTY-FIFTH INFANTRY was organized with George A. Stone, of Mount Pleasant, as Colonel ; Fabian. Brydolf as Lieutenant Colonel, and Calom Taylor, of Bloomfield, .as Major, and was mustered into United States service at Mount Pleasant, September 27, 1862. Companies A and I were from Washington County ; Companies B and H, from Henry County ; Company C, Irom Htory and Lee Counties ; Com- panies D, E and G, from Des Moines County ; Company F, from Louisa County, and Company K, from Des Moines and Lee Counties. Was engaged at Arkansas Post, Vicksburg, Walnut Bluff, Chattanooga, Campain, Ring- 240 HISTORY OF THE STATE OF IOWA. gold, Ga., Resaca, Dallas, Kenesaw Mountain, battles around Atlanta, Love- joy Station, Jonesboro, Ship's Gap, Bentonville, and on Sherman's march through Georgia and the Carolinas, to Richmond and Washington. Was mustered out at Washington, D. C, June 6, 1865. THE TWENTY-SIXTH was organized and mustered in at Clinton, in August, 1862, -with Milo Smith, of Clinton, as Colonel ; S. G. Magill, of Lyons, as Lieutenant Colonel, and Samuel Clark, of De Witt, as Major. Company A was from Clinton and Jackson Counties ; Company B, from Jackson County ; Companies C, D, E, F, G, H, I and K, from Clinton County. Was engaged at Arkansas Post, Vicksburg, Snake Creek Gap, Ga., Resaca, Dallas, Kenesaw Mountain, De- catur, siege of Atlanta, Ezra Church, Jonesboro, Lovejoy Station, Ship's Gap', Sherman's campaign to Savannah, went through the Carolinas, and was mua- 1;ered out of service at Washington, D. C, June 6, 1865. THE TWENTY-SEVENTH -was mustered into United States service at Dubuque, Oct. 3, 1862, with Jamea I. Gilbert, of Lansing, as Colonel ; Jed Lake, of Independence, as Lieutenant Colonel ; and G. W. Howard, of Bradford, as Major. Companies A, B and I ■were from Allamakee County; Companies C and H, from Buchanan County; Companies D and E, from Clayton County; Company F, from Delaware €ounty ; Company G, from Floyd and Chickasaw Counties, and Company K, from Mitchell County. Engaged at Little Rock, Ark., was on Red River ex- pedition. Fort De Russey, Pleasant Hill, Yellow Bayou, Tupelo, Old Town 'Creek and Fort Blakely. Was mustered out at Clinton, Iowa, Aug. 8, 1865. THE TWENTY-EIGHTH ' was organized at Iowa City, and mustered in Nov. 10, 1862, with William E. Miller, of Iowa City, as Colonel; John Connell, of Toledo, as Lieutenant Colonel, and H. B. Lynch, of Millersburg, as Major. Companies A and D were from Benton County ; Companies B and G, from Iowa County ; Companies C, H and I, from Poweshiek County; Company B, from Johnson County; Company F, from Tama County, and Company K, from Jasper County. Was ■engaged at Port Gibson, Jackson and siege of Vicksburg ; was on Banks' Red River expedition, and engaged at Sabine Cross Roads ; was engaged in Shen- andoah Valley, Va., and engaged at Winchester, Fisher's Hill and Cedar Creek. Was mustered out of service at Savannah, Ga., July 31, 1865. THE TWENTY-NINTH was organized at Council Bluffs, and mustered into the United States service December 1, 1862, with Thomas H. Benton, Jr., of Council Bluffs, as Colonel; R. F. Patterson, of Keokuk, as Lieutenant Colonel; and Charles B. Shoe- maker, of Clarinda, as Major. Company A was from Pottawattamie County; Company B, from Pottawattamie and Mills Counties ; Company C, from Harrison County ; Company D, from Adair and Adams Counties , Company E, from Fremont County ; Company F, from Taylor County ; Company G, from Ring- gold County. Was engaged at Helena, Arkansas and Spanish Fort. Was mustered out at New Orleans August 15, 1865. HISTORY OF THE STATE OF IOWA. 241 THE THIRTIETH INFANTRY was organized at Keokuk, and mustered into the United States service September 23, 1862, with Charles B. Abbott, of Louisa County, as Colonel; Wm. M. G. Tor- rence, of Keokuk, as Lieutenant Colonel ; and Lauren Dewey, of Mt. Pleasant, as Major. Companies A and I were from Lee County ; Company B, from Davis County ; Company C, from Des Moines County ; Company D, from Van Buren County ; Companies E and K from Washington County ; Company F, from Davis County ; and Companies G and H, from Jefferson County. Was engaged at Arkansas Post, Yazoo City, Vicksburg, Cherokee, Ala., Ringgold, Resaca, Kenesaw Mountain, Atlanta, Lovejoy Station, Jonesboro, Taylor's Ridge; was in Sherman's campaigns to Savannah and through the Carolinas ta Richmond ; was in the grand review at Washington, D. C, where it was mus- tered out June 5, 1865. THE THIRTY-FIRST INFANTRY was mustered into the service at Davenport October 13, 1862, with William Smyth, of Marion, as Colonel; J. W. Jenkins, of Maquoketa, as Lieutenant Colonel ; and Ezekiel Cutler, of Anamosa, as Major. Company A was from Linn County; Companies B, C and D, from Black Hawk County; Companies E, G and H, from Jones County ; Companies F, I and K, from Jackson County. Was engaged at Chickasaw Bayou, Arkansas Post, Raymond, Jackson, Black River, Vicksburg, Cherokee, Lookout Mountain, Mission Ridge, Ringgold, Taylor's Hills, Snake Creek Gap, Resaca, Dallas, New Hope Church, Big Shanty, Kenesaw Mountain, Atlanta, Jonesboro ; was in Sherman's campaign through Georgia and the Carolinas, and was mustered out at Louisville, Ken- tucky, June 27, 1865 THE THIRTY-SECOND INFANTRY was organized at Dubuque, with John Scott, of Nevada, as Colonel ; E. H.. Mix, of Shell Rock, as Lieutenant Colonel, and G. A. Eberhart, of Waterloo, as Major. Company A was from Hamilton, Hardin and Wright Counties; Company B, from Cerro Gordo County; Company C, from Black Hawk County ; Company D, from Boone County ; Company E, from Butler County ;. Company F, from Hardin County; Company G, from Butler and Floyd Coun- ties ; Company H, from Franklin County ; Company I, from Webster County, , and Company K, from Marshall and Polk Counties, and was mustered into the United States service October 5, 1862. Was engaged at Fort De Russey, Pleasant Hill, Tupelo, Old Town Creek, Nashville, etc., and was mustered out of the United States service at Clinton, Iowa, Aug. 24, 1865. THE THIRTY-THIRD INFANTRY was organized at Oskaloosa, with Samuel A. Rice, of Oskaloosa, as Colonel ;: Cyrus H. Maskey, of Sigoumey, as Lieutenant Colonel, and Hiram D. Gibson, of Knoxville, as Major. Companies A and I were from Marion County ; Com- panies B, F and H, from Keokuk County ; Companies C, D, E and K, from Makaska County, and Company G, from Marion, Makaska and Polk Counties, and mustered in October 1, 1862. Was engaged at Little Rock, Helena, Sa- line River, Spanish Fort and Yazoo Pass. Was mustered out at New Orleans^ July 17, 1865. 242 HISTORY OF THE STATE OF IOWA. THE THIRTY-FOURTH INFANTRY was organized with George W. Clark, of Indianola, as Colonel ; W. S. Duilgan, of Chariton, as Lieutenant Colonel, and R. D. Kellogg, of Decatur County, as Major, and mustered in at Burlington, October 15, 1862. Companies A and I were from Decatur County ; Companies B, C and D, from Warren County ; Com- pany E, from Lucas County; Company F, from Wayne County; Company G, from Lucas and Clark Counties; Company H, from Madison and Warren Counties, and Company K, from Lucas County. Was engaged at Arkansas Post, Ft. Gaines, etc., etc. Was consolidated with the Thirty-eighth Infantry, January 1, 1865, and mustered out at Houston, Texas, August 15, 1865. THE THIRTY-FIFTH INFANTRY was organized at Muscatine, and mustered in the United States service Sep- tember 18, 1862, with S. G. Hill, of Muscatine, as Colonel; James H. Roth- rock, as Lieutenant Colonel, and Henry 0' Conner, of Muscatine, as Major. Companies A, B, C, D and E, were from Muscatine County; Company F, from Muscatine and Louisa Counties ; Companies G, H and I, from Muscatine and Cedar Counties, and Company K, from Cedar County. Participated in the battles of Jackson, siege of Vicksburg, Bayou Rapids, Bayou de Glaze, Pleasant Hill, Old River Lake, Tupelo, Nashville, etc. Was mustered out at Davenport, August 10, 1865. THE THIRTY-SIXTH INFANTRY was organized at Keokuk, with Charles W. Kittredge, of Ottumwa, as Colonel ; F. M. Drake, of Unionville, Appanoose County, as Lieutenant Colonel, and T. C. Woodward, of Ottumwa, as Major, and mustered in October 4, 1862 ; Com- pany A was from Monroe County ; Companies B, D, E, H and K, from Wapello County, and Companies C, F, G and I, from Appanoose County. Was engaged in the following battles : Mark's Mills, Ark. ; Elkins' Ford, Camden, Helena, Jenkins' Ferry, etc. At Mark's Mills, April 25, 1864, out of 500 engaged, lost 200 killed and wounded, the balance being taken prisoners of war ; was exchanged October 6, 1864. Was mustered out at Duvall's Bluff, Ark., August 24, 1865. THE THIRY-SEVENTH INFANTRY (OR GRAY BEARDS; was organized with Geo. W. Kincaid, of Muscatine, as Colonel ; Geo. R. West, of Dubuque, as Lieutenant Colonel, and Lyman Allen, of Iowa City, as Major, and was mustered into United States service at Muscatine December 15, 1862. Company A was from Black Hawk and Linn Counties ; Company , B, from Muscatine County ; Company C, from Van Buren and Lee Counties ; Company D, from Johnson and Iowa Counties ; Company E, from Wapello and Mahaska Counties ; Company F, from Dubuque County ; Company G, from Appanoose, Des Moines, Henry and Washington Counties ; Company H, from Henry and JeflFerson Counties; Company I, from Jasper, Linn and other counties, and Company K, from Scott and Fayette Counties. The object of the Thirty- seventh was to do garrison duty and let the young men go to the front. It was mustered out at Davenport on expiration of three years' service. HISTORY OF THE STATE OF IOWA. 243 THE THIRTY-EIGHTH INFANTRY was organized at Dubuque, and mustered in November 4, 1862, with D. H. Hughes, of Decorah, as Colonel ; J. 0. Hudnutt, of Waverly, as Lieutenan, Colonel, and Charles Chadwick, of West Union, as Major. Companies A, Ft G and H were from Fayette County ; Company B, from Bremer County ; Com- pany C, from Chickasaw County ; Companies D, B and K, from Winneshiek County, and Company I, from Howard County. Participated in the siege of Vicksburg, Banks' Red River expedition, and on December 12, 1864, was consolidated with the Thirty-fourth Infantry. Mustered out at Houston, Texas, August 15, 1865. THE THIRTY-NINTH INFANTRY was organized with H. J. B. Cummings, of Winterset, as Colonel ; James Red- field, of Redfield, Dallas County, as Lieutenant Colonel ; and J. M. Griffiths, of Des Moines, as Major. Companies A and F were from Madison County ; Companies B and I, from Polk County; Companies C and H, from Dallas County; Company D, from Clark County; Company E, from Greene County ; Company G, from Des Moines and Henry Counties ; and Company K, from Clark and Decatur Counties. Was engaged at Parker's Cross JEloads, Tenn.; Corinth, AUatoona, Ga.; Resaca, Kenesaw Mountain, Atlanta, Sherman's march to Savannah and through the Carolinas to Richmond, and was mustered out at Washington June 5, 1865. THE FORTIETH INFANTRY was organized at Iowa City November 15, 1862, with John A. Garrett, of Newton, as Colonel; S. F. Cooper, of Grinnell, as Lieutenant Colonel;, and S. G. Smith, of Newton, as Major. Companies A and H were from Marion County; Company B, from Poweshiek County; Company C, from Mahaska County ; Companies D and E, from Jasper County ; Company F, from Ma- haska and Marion Counties ; Company G, from Marion County ; Company I, from Keokuk County ; and Company K, from Benton and other counties. Par- ticipated in the siege of Vicksburg, Steele's expedition, Banks' Red River expedition, Jenkins' Ferry, etc. Was mustered out at Port Gibson August 2, 1866. THE FORTY-FIRST INFANTRY, formerly Companies A, B and C of the Fourteenth Infantry, became Compa- nies K, L and M of the Seventh Cavalry, under authority of the War Depart- ment. Its infantry organization was under command of John Pattee, of Iowa City. Company A was from Black Hawk, Johnson and other counties ; Com- pany B, from Johnson County ; and Company C, from Des Moines and various counties. THE FORTY-FOURTH INFANTRY (100 DAYS) was organized at Davenport, and mustered in June 1, 1864. Company A was from Dubuque County ; Company B, Muscatine County ; Company C, Jones, Linn and Dubuque Counties ; Company D, Johnson" and Linn Counties ; Com- pany E, Bremer and Butler Counties ; Company F, Clinton and Jackson Counties ; Company G, Marshall and Hardin Counties ; Company H, Boone and Polk Counties; Companies I and K, Scott County. The Forty-fourth did garrison duty at Memphis and La Grange, Tenn. Mustered out at Daven- port, September 15, 1864. 241 HISTORY OP THE STATE OP IOWA. THE PORTY-FIPTH INFANTRY (100 DAYS) was mustered in at Keokuk, May 25, 1864, with A. H. Bereman, of Mount Pleasant, as Colonel ; S. A. Moore, of Bloomfield, as Lieutenant Colonel, and J. B. Hope, of Washington, as Major. The companies were from the following counties : A, Henry ; B, "Washington ; C, Lee ; D, Davis ; E, Henry and Lee ; F, Des Moines ; G, Des Moines and Henry ; H, Henry ; I, Jefferson, and K, Van Buren. Was mustered out at Keokuk, September 16, 1864. THE FORTY-SIXTH INFANTRY (100 DAYS) was organized with D. B. Henderson, of Clermont, as Colonel; L. D. Durbin, of Tipton, as Lieutenant Colonel, and G. L. Tarbet, as Major, and was mus- tered in at Dubuque, June 10, 1864. Company A was from Dubuque ; Com- pany B, from Poweshiek; C, from Dallas and Guthrie ; D, from Taylor and Fayette ; E, from Ringgold and Linn ; F, from Winneshiek and Delaware ; G, from Appanoose and Delaware ; H, from Wayne ; I, from Cedar, and K, from Lucas. Was mustered out at Davenport, September 23, 1864. THE FORTY-SEVENTH INFANTRY (100 DAYS) was mustered into United States service at Davenport, June 4, 1864, with James P. Sanford, of Oskaloosa, as Colonel ; John Williams, of Iowa City, as Lieutenant Colonel, and G. J. Wright, of Des Moines, as Major. Company A was from Marion and Clayton Counties; Company B, from Appanoose County ; Company C, from Wapello and Benton Counties ; Company B, from Buchanan and Linn Counties ; Company E, from Madison County ; Company F, from Polk County ; Company G, from Johnson County ; Company H, from Keokuk County ; Company I, from Mahaska County, and Company K, from Wapello. THE FORTY-EIGHTH INFANTRY — BATTALION — (100 DAYS) was organized at Davenport, and mustered in July 13, 1864, with 0. H. P. Scott, of Farmington, as Lieutenant Colonel. Company A was from Warren County ; Company B, from Jasper County ; Company C, from Decatur County, and Company D, from Des Moines and Lee Counties, and was mustered out at Rock Island Barracks Oct. 21, 1864. CAVALRY. THE FIRST CAVALRY was organized at Burlington, and mustered into the United States service May 3, 1861, with Fitz Henry Warren, of Burlington, as Colonel ; Chas. E. Moss, of Keokuk; as Lieutenant Colonel ; and E. W. Chamberlain, of Burlington, James 0. Gower, of Iowa City, and W. M. G. Torrence, of Keokuk, as Majors. Company A was from Lee, Van Buren and Wapello Counties ; Company B, from Clinton County ; Cofnpany C, from Des Moines and Lee Counties ; Com- pany D, from Madison and Warren Counties; Company E, from Henry County ; Company F, from Johnson and Linn Counties ; Company G, from Dubuque and Black Hawk Counties ; Company H, from Lucas and Morrison Counties ; Company I, from Wapello and Des Moines Counties ; Company K, from Allamakee and Clayton Counties ; Company L, from Dubuque and otner HISTORY OF THE STATE OF IOWA. 245 counties; Company M, from Clinton County. It was engaged at Pleasant Hill, Mo.; Rolla, New Lexington, Elkins' Ford, Little Rock, Bayou Metoe, Warrensburg, Big Creek BluiFs, Antwineville, Clear Creek, etc. Was mustered out at Austin, Texas, February 15, 1866. THE SECOND CAVALRY was organized with W. L. Elliott, of the regular army, as Colonel ; Edward Hatch, of Muscatine, as Lieutenant Colonel ; and N. P. Hepburn, of Marshall- town, D. E. Coon, of Mason City, and H. W. Love, of Iowa City, as Majors, and was mustered into the United States service at Davenport September 1, 1861. Company A was from Muscatine County ; Company B, from Marshall County ; Company C, from Scott County ; Company D, from Polk County ; Company E, from Scott County; Company F, from Hamilton and Franklin Counties ; Company G, from Muscatine County ; Company H, from Johnson County ; Company I, from Cerro Gordo, Delaware and other counties ; Com- pany K, from Des Moines County ; Company L, from Jackson County, and Company M, from Jackson County. The Second Cavalry participated in the following military movements : Siege of Corinth, battles of Farmington, Boone- ville, Rienzi, luka, Corinth, Coffeeville, Palo Alto, Birmingham, Jackson, Grenada, Collierville, Moscow, Pontotoc, Tupelo, Old Town, Oxford, and en- gagements against Hood's march on Nashville, battle of Nashville, etc. Was mustered out at Selma, Ala., September 19, 1866. THE THIRD CAVALRY was organized and mustered into the United States service at Keokuk, in Au- gust and September, 1861, with Cyrus Bussey, of Bloomfield, as Colonel; H. H. Bussey, of Bloomfield, as Lieutenant Colonel, and C. H. Perry, H. C. Cald- well and W. C. Drake, of Corydon, as Majors. Companies A and E were from Davis County ; Company B, from Van Buren and Lee Counties ; Company C, from Lee and Keokuk Couilties; Company D, from Davis and Van Buren Counties ; Company F, from Jefferson County ; Company G, from Van Buren County ; Company H, from Van Buren and Jefferson Counties ; Company I, from Appanoose County ; Company K, from Wapello and Marion Counties ; Company L, from Decatur County, and Company M, from Appanoose and De- catur Counties. It was engaged in the following battles and skirmishes : Pea Ridge, La Grange, Sycamore, near Little Rock, Columbus, Pope's Farm, Big Blue, Ripley, Coldwater, Osage, Tallahatchie, Moore's Mill, near Monte- vallo, near Independence, Pine Bluff, Botts' Farm, Gun Town, White's Station, Tupelo, Village Creek. Was mustered out of United States service at Atlanta, Ga., August 9, 1865. THE FOURTH CAVALRY was organized with Asbury B. Porter, of Mount Pleasant, as Colonel ; Thomas Drummond, of Vinton, as Lieutenant Colonel ; S. D. Swan, of Mount Pleas- ant, J. E. Jewett, of Des Moines, and G. A. Stone, of Mottnt Pleasant, as Majors, and mustered into United States service at Mount Pleasant November 21, 1861. Company A was from Delaware County ; Company C, from Jef- ferson and Henry Counties ; Company D, from Henry County ; Company E, 246 HISTORY OF THE STATE OF IOWA. from Jasper and Poweshiek Counties ; Company F, from Wapello County ; Company G, from Lee and Henry Counties ; Company H, from Chickasaw County; Company I, from Madison County; Company K, from Henry County ; Company L, from Des Moines and other counties ; and Company M, from Jefferson County. The Fourth Cavalry lost men in the following engage- ments : Guntown, Miss.; Helena, Ark.; near Bear Creek, Miss.; near Mem- phis, Tenn.; Town Creek, Miss.; Columbus, Ga.; Mechanicsburg, Miss.; Little Blue River, Ark.; Brownsville, Miss.; Bipley, Miss.; Black River Bridge, Miss.; Grenada, Miss.; Little Red River, Ark.; Tupelo, Miss.; Yazoo River, Miss.; White River, Ark.; Osage, Kan.; Lick Creek, Ark.; Okalona, Miss.; St. Francis River, Ark. Was mustered out at Atlanta, Ga., August 10, 1865. THE FIETH CAVALRY was organized at Omaha with Wm. W. Lowe, of the regular army, as Colo- nel ; M. T. Patrick, of Omaha, as Lieutenant Colonel ; and C. S. Bernstein, of Dubuque, as Major, and mustered in September 21, 1861. Companies A, B, C and D were mostly from Nebraska ; Company E, from Dubuque County; Company F, from Des Moines, Dubuque and Lee Counties ; Company G, from Minnesota ; Company H, from Jackson and other counties ; Companies I and K were from Minnesota ; Company L, from Minnesota and Missouri ; Com- pany M, from Missouri ; Companies G, I and K were transferred to Minnesota Volunteers Feb. 25, 1864. The new Company G was organized from veterans and recruits and Companies C, E, F and I of Fifth Iowa Infantry, and trans- ferred to Fifth Cavalry August 8, 1864. The second Company 1 was organ- ized from veterans and recruits and Companies A,^ B, D, G, H and K of tte Fifth Iowa Infantry, and transferred to Fifth Iowa Cavalry August 18, 1864. Was engaged at second battle of Fort Donelson, Wartrace, Duck River Bridge, Sugar Creek, Newnan, Camp Creek, Cumberland Works, Tenn.; Jonesboro, . Ebenezer Church, Lockbridge's Mills, Pulaski, Cheraw, and mustered out at Nashville, Tenn., August 11, 1865. THE SIXTH CAVALRY. was organized with D. S. Wilson, of Dubuque, as Colonel ; S. M. Pollock, of Dubuque, as Lieutenant Colonel ; T. H. Shephard, of Iowa City, E. P. Ten- Broeck, of Clinton, and A. E. House, of Delhi, as Majors, and was mustered in at Davenport; January 31, 1863. Company A was from Scott and other counties ; Company B, from Dubuque and other counties ; Company C, from Fayette County ; Company D, from Winneshiek County ; Company E, from Southwest counties of the State; Company F, from Allamakee and other counties ; Company G, from Delaware and Buchanan Counties ; Company H, from Linn County ; Company I, from Johnson and other counties ; Company K, from Linn County ; Company L, from Clayton County ; Company M, from Johnson and Dubuque Counties. The Sixth Cavalry operated on the frontier against the Indians. Was mustered out at Sioux City, October 17, 1865. THE SEVENTH CAVALRY was organized at Davenport, and mustered into the United States service April 27, 1863, with S. W. Summers, of Ottumwa, as Colonel ; John Pattee, of lows City, as Lieutenant Colonel ; H. H. Heath and G. M. O'Brien, of Dubuque, HISTORY OF THE STATE OF IOWA. 247 and John S. Wood, of Ottumwa, as Majors. Companies A, B, C and D, were from Wapello and other counties in immediate vicinity ; Companies B, F, G and H, were from all parts of the State ; Company I, from Sioux City and known as Sioux City Cavalry; Company K was originally Company A of the Fourteenth Infantry and afterward Company A of the Forty-first Infantry, was from Johnson and other jounties ; Company L was originally Company B, of the Forty-first Infantry and afterward Company B, of the Forty , and was from Johnson County; Company M was originally Company C, of the Fourteenth Infantry, and afterward Company C, of the Forty-first and from Des Moines and other counties. The Seventh Cavalry operated against the Indi- ans. Excepting the Lieutenant Colonel and Companies K, L and M, the regi- ment was mustered out at Leavenworth, Kansas, May 17, 1866. Companies K, L, and M were mustered out at Sioux City, June 22, 1866. THE EIGHTH CAVALRY was organized with J. B. Dorr, of Dubuque, as Colonel ; H. G. Earner, of Sidney, as Lieutenant Colonel ; John J. Bowen, of Hopkinton, J. D. Thompson, of Eldora, and A. J. Price, of Guttenburg, as Majors, and were mustered in at Davenport September 30, 1863. The companies were mostly from the follow- ing counties : Company A, Page ; B, Wapello ; C, Van Buren ; D, Ring- gold ; E, Henry ; F, Appanoose ; G, Clayton ; H, Appanoose ; I, Marshall ; jfc, Muscatine; L, Wapello ; M, Polk. The Eighth did a large amount of duty guarding Sherman's communications, in which it had many small engagements. It was in the battles of Lost Mountain, Lovejoy's Station, Newnan, Nashville, etc. Was on Sioneman's cavalry raid around Atlanta, and Wilson's raid through Alabama. Was mustered out at Macon, Ga., August 13, 1865. THE NINTH CAVALRY was mustered in at Davenport, November 30, 1863, with M. M. Trumbull, of Cedar Falls, as Colonel ; J. P. Knight, of Mitchell, as Lieutenant Colonel ; E. 'T. Ensign, of Des Moines, Willis Drummond, of McGregor, and William Had- dock, of Waterloo, as Majors. Company A was from Muscatine County ; Company B, Linn County; Company C, Wapello and Decatur Counties ; Com- pany D, Washington County ; Company B, Fayette County ; Company F, Clayton County ; Companies G and H, various counties ; Company I, Wapello tind JeflFerson Counties ; Company K, Keokuk County ; Company L, Jasper 'and Marion Counties ; Company M, Wapello and Lee Counties. Was mustered out at Little Rock, Ark., February 28, 1866. ARTILLERY. THE FIRST BATTERY OF LIGHT ARTILLERY TTas enrolled in the counties of Wapello, Des Moines, Dubuque, Jefferson, Black Hawk, etc., and was mustered in at Burlington, Aug. 17, 1861, with C. H. jFletcher, of Burlington, as Captain. Was engaged at Pea Ridge, Port Gibson, pn Atlanta campaign, Chickasaw Bayou, Lookout Mountain, etc. Was mus- jtered out at Davenport July 5, 1865. 248 HISTORY OF THE STATE OF IOWA. THFi SECOND BATTERY OF LIGHT ARTILLERY was enrolled in the counties of Dallas, Polk, Harrison, Fremont and Pottawat- tamie, and mustered into United States service at Council Bluffs and St. Louis, Mo., Aug. 8 and 31, 1861, with Nelson T. Spear, of Council Bluffs, as Captain. Was engaged at Farmington, Corinth, etc. Was mustered out at Davenport, Aug. 7, 1865. THE THIRD BATTERY OF LIGHT ARTILLERY was enrolled in the counties of Dubuque, Black Hawk, Butler and Floyd, and mustered into United States service at Dubuque, September, 1861, with M. M. Hayden, of Dubuque, as Captain. Was at battle of Pea Ridge, etc., etc. Was mustered out at Davenport, Oct. 23, ,1865. THE FOURTH BATTERY OF LIGHT ARTILLERY was enrolled in Mahaska, Henry, Mills and Fremont Counties, and was mus- tered in at Davenport, Nov. 28, 1863, with P. H. Goode, of Grienwood, Cap- tain. Was mustered out at Davenport, July 14, 1865. MISCELLANEOUS. THE FOURTH BATTALION Company A, from Fremont County, W. Hoyt, Captain ; Company B, from Taylor County, John Flick, Captain; Company C, from Page County, J. Whitcomb, Captain. THE NORTHERN BORDER BRIGADE was organized by the State of Iowa to protect the Northwestern frontier, James A. Sawyer, of Sioux City, was elected Colonel. It had Companies A, B, C, D and E, all enlisted from the Northwestern counties. THE SOUTHERN BORDER BRIGADE was organized by the State for the purpose of protecting the Southern border of the State, and was organized in counties on the border of Missouri. Com- pany A, First Battalion, was from Lee County, Wm. Sole, Captain; Company B, First Battalion, Joseph Dickey, Captain, from Van Buren County; Company A, Second Battalion, from Davis County, Capt. H. B. Horn; Company B, Sec- ond Battalion, from Appanoose County, E. B. Skinner, Captain ; Company A, Third Battalion, from Decatur County, J. H. Simmons, Captain ; Company B, Third Battalion, from Wayne County, E. F. Estel, Captain ; Company C, Third Battalion, from Ringgold County, N. Miller, Captain. THE FIRST INFANTRY — AFRICAN DESCENT — (SIXTIETH U. S.) was organized with John G. Hudson, Captain Company B, Thirty-third Mis- souri, as Colonel ; M. F. Collins, of Keokuk, as Lieutenant Colonel, and J. "• Murphy, of Keokuk, as Major. Had ten companies, and were mustered in >t various places in the Fall of 1863. The men were from all parts of the State and some from Missouri. HISTORY OF THE STATE OF IOWA. 249 During the war, the following promotions were made by the United States Government from Iowa regiments:* MAJOR GENERALS Samuel R. Curtis, Brigadier General, from March 31, 1863. Frederick Steele, Brigadier General, from November 29, 1863. Frank J. Herron, Brigadier General, from November 39, 1862. Grenville M. Dodge, Brigadier General, from June 7, 1864. BRIGADIER GENERALS. Samuel E. Curtis, Colonel 3d Infantry, from May 17, 1861. Frederick Steele. Colonel 8th Infantry, from February 6, 1662. Jacob G. Lauman, Colonel 7th Infantry, from March 21, 1863. Grenville M. Dodge, Colonel 4th Infantry, from March 31, 1862. James M. Tuttle, Colonel 2d Infantry, from June 9, 1863. Washington L. Elliott, Colonel 3d Cavalry, from June 11, 1862. Fitz Henry Warren, Colonel 1st Cavalry , from July 6, 1863. Frank J. Herron, Lieutenant Colonel 9th Infantry, from July 30, 1863. Charles L. Matthies, Colonel 5th Infantry, from November 39, 1863. William Vandever, Colonel 9th Infantry, from November 39, 1863. Marcellus M. Crocker, Colonel 13th Infantry, from Nov. 29, 1862. (Since died.) Hugh T. Eeid, Colonel 15th Infantry from March 13, 1863. Samuel A. Eice, Colonel 33d Infantry, from August 4, 1863. John M. Corse, Colonel 6th Infantry, from August 11, 1868. ' Cyrus Bussey, Colonel 8d Cavalry, from January 5, 1864. Edward Hatch, Colonel 2d Cavalry, from April 27, 1864. Elliott W. Eice, Colonel 7th Infantry, from June 20, 1864. Wm. W. Belknap, Colonel 15th Infantry, from July 30, 1864. John Edwards, Colonel 18th Infantry, from September 26, 1864. James A. Williamson, Colonel 4th Infantry, from January 13, 1864. • James I. Gilbert, Colonel 27th Infantry, from February 9, 1865. BREVET MAJOR GENERALS. John M. Corse, Brigadier General from October 5, 1864. Edward Hatch, Brigadier General, from December 15, 1864. Wm. W. Belknap, Brigadier General, from March 13, 1865. W. L. Elliott, Brigadier General, from March 13, 1865. Wm. Vandever, Brigadier (general, from June 7, 1865. BREVET BRIGADIER GENERALS. Wm. T. Clark, A. A. G., late of 13th Infantry, from July 23, 1864. Edward F. Winslow, Colonel 4th Cavalry, from December 13, 1864. S. G. Hill, Colonel 35th Infantry, from December 15, 1864. (Since died.) Thos. H. Benton, Colonel 29th Infantry, from December 15, 1864. Samuel L. Glasgow, Colonel 23d Infantry, from December 19, 1864. Clark E. Wever, Colonel 17th Infantry, from February 9, 1865. Francis M. Drake, Lieutenant Colonel 36th Infantry, from February 32, 1865. George A. Stone, Colonel 25th Infantry, from March 13, 1865. Datus E. Coon, Colonel 3d Cavalry, from March 8, 1865. George W. Clark, Colonel 34th Infantry, from March 13, 1865. Herman H. Heath, Colonel 7th Cavalry, from March 13, 1865. J. M. Hedrick, Colonel 15th Infantry, from March 13, 1865. W. W. Lowe, Colonel 5th Cavalry, from March 13, 1865. *Thoma8 J, McKean was appointed Paymaster in U. S. A. from Iowa, and subsequently promoted Brigadier General, to date from Nov. 21, 1861. 250 HISTORY OF THE STATE OF IOWA. P3 s. w Eh cs Pi CO EH CD pi? Pi o (— t [^ o P4 o O Ph O pq •mox CO lO CO M 1 rH rHP) : ^ : to y-* 05 1- (^ lOCOrHt^-^COi-iiO^^ •juacn CO US CO« I ■-I ■-I N : m [ ^^ 00 1-1 iMIM OCOi-lt-WCOi-liO :■* •sdUoa ■saa -laji ox 1-1 1-1 I iH : •paimdBO rH w lO TtfOO i" ;s§ l-H 1-1 00 :t-IMtOIMO!i-li*IN'«ll 1-1 IM •BOI-H^nSBO IBJOJ, CDiOCOiCr-i-HCOi-tOO 'i!}0><0 COo -*«•<*■* •uiionjj -un 9snB3 (M lO f-H IM 1-1 I-H i-t ■*•* Neo-coei3ffl \ M O n s 1 ■i S > 1 'I 1 > •£ 1 •a o5 6 ■3 a i OS 1 1 1 iz; >- n t a 8 1 t > 1 1 1 > c -a c a i 1 1 « ■a § 03 i 1 i V i i ■g 1 •73 C C9 C a > 1 1 > c c 1 c 1 1 ^1 1 c 1— f > 1 1 t> i I i H j HISTORY OF THE STATE OP IOWA. 251 >0 C^ (M la CO rH IM 1-iNrHNrt : i-H :«■* lO C4 C9 lO CO <-l 94 rl N i-H INi-H o 1-1 C4 eo 94 lO 1— I ..—11-4 G>1 C0C4I-I :(Nso»c(N'*i-Hi-io«S'^oooD ir-w.-H.-ii-t :co C4r-tCO '. n '. :(MCOIMiOCO H CN.-H Ir-I 95 (N C4 r-l 1-1 .-H •* ^ ^ iS ■4 jp rfS J ja -i^ J3 o o o o o o ^ 252 HISTORY OP THE STATE OF IOWA. P5 EH 52: P^ f=) OQ E-i g p:5 g o I— ( o S cb o a CO El I Pi PQ ;2; •moji sdaoo-a'Aol CO : CO -^ (N G^ CM : IT- CO ; lO Oil— toco :Oioir-io— f-^i-i 1-1 . CO -^ i-i CN CS -(t •pajn^d'BQ *-! CO T-H O Oi cTOii>-r-iocoicaoo:>t-o:>QOcoaiu3»o-HCoo5 Ot^OOOJOl— LOC^Ot-i-t 'SSUOOcD-^C^t-OiLOOOlOt-CO CO IT- O -* i-H ^ -CM-<*1COi-((M'Mr-iOiOCOI> . CO i-( CO lO -M 1-1 CO ■* ** CO : rH rH i-( (M CM i-i (M (M iH •moj; 3amM0j[(x ^g; •apiomg -^g •astasia: JO •spuno^ JO T-l(M'<*2 9 I— I >■ eS f^ r^ '^ a a a EH H Bh pq M CQ W [3 &^ lis ja -^ -ti HISTORY OF THE STATE OF IOWA. 253 CO W CO N (M W Cq i-l Tt* CO lO ** ■* lO CO (© -^ '^ CO -* 1^- CO IM (N lO CO (M (M O CO T-( r-( riC0u'3O»--QO(N C^ rH rH rH rH (M IM « CO ->*1 "^ ■^cn.-HTJ10l-H■T^1(^^oc01-HcDOos01-lcDcDOCT)co^cDT-lt-^o<^IaoI^-Tt^co I-H CD iO (M i-H (M rH ^ -"^ CO O CO CO l:^ CD CO CD CO OS rH ■<# "^ 00 CO CO CO i-H i-H O CO O CD i-t i-l Cq C^ -^ 00 (DIr-OOO OQOCO"<*IOCO»OCOUDI^-IOICIOCDU3CDU50100 kOCOiO-^-^CO CO • 1 ^ :coi-H c^ ■<* 00 : ; : cq : ; (n •* -cooi-icq : : t^ : r~i : : : : : : i-h : : : : CO : : : : : rH I-H (N O OS CO cqcqtNrH r»iOu3rpi-icDOOcDco-*CQiocoosirtt-eoooco 0S0S(Mt-0S'*O-*Gq-<*C0T|HC0'*0SOt-C0CDiH 00 ffq cq I-H 1-H cq i-H cq i-i I-H rH s^ cq r-i ?-< th CO Gs cq cq 00 i-H r-C OS Tjl O '^ I-H l-H l-H I-H • cq : l-H cq 00 cq 00 «>rH -^ ; (M^ ;.rHf-Hcoco :cococqcoco-*G^co :rHcq : cq : :c^ ; co : rH I— ( opt) ® (N 64/0 OS CO WWcqiH sqosioooocor^u^coocqocqcqt^s^t-c^cDco Osoocqt-OS'*-^-*ffl-^cD-^cOTOsOir-cocD.-i CO cq cq I-H I-H cq r-i cq i-i 1-H rH G^i cq rn i-i cq CO cq -cq lO t-H i-i OS '^ : O '«*^ I— 1 ; l-H 1-H : " 1 CO ^t*0SOi-H(Mas(MC0C0C0C000r-'^00i-H{NCq-^CNOCDc0C0C0C00Si-(CDlr-C0.-i>O WUDeDOSi-lOO(M'MQOCDUDvOr-OCO'*OCOOqTjHt^CO"^-OOOSCMCOr-OsO'— iQOO^cor-OSir— COCICOCC MWO500 lr-COWCqOOlOCOvat*OC^'*COCOr-t(MCOUOOCO OSC^t— COQOOSt-lO cqt'QOcqocOf-i,-! T-( I— 1 CO 1— 1 I-H s CO ^ CD t- U3 Tj-Ttom toc^ o U3 ■* cq o CO u3 CO lo CO -«* lOcq-^rHiccq 1 cqco CO rH tH ; rH I-t : : : <>> : :^i-< : »-i :cq ; :cqrH ; : i-< : r-i CS ::«-<: rH cq cq r- 1^ 00 ^ O in t^ Cqt-COCOCOCOI^-COOSCOOSOt'CqOSOSrHCDUS'^ : CO CO UO CO rH CO lO : -^ o lOM tDCV iO U3 -^ cq 40 CO O CO lO CO ^ O rn CO rn lO cq : cqco CO Oa ;1 : '^ cd It i 91 < 1— ^ ^ S a : a: § ^1? ? it 1 "3 1 : c f .£ » cj 1 *f '£ >> ,1 > •1 e 1 1 ^1 a 'i ^1 1 ^ t t ^1 1 1 •1 1 ■'1 '1 5 ^1 ■» 1 ^1 ■> .£ 1 11 S; ^ s S 3 2 •§ » ^„ 2 S » § S 8 S 8 § § § .b .a .a .& .a .a .Es .a .a .a .J: .a -g o -e -g "S ■£ "fi s ^EHEHREi^|xi!iQ<»H$^EHEHEHHH&iHE^HHEHEHEHE-iEHH&4EHEHBtHEHP^«p4^F<4p4>xilxi 254 HISTORY OF THE STATE OF IOWA. NUMBER OF TROOPS FURNISHED BY THE STATE OF IOWA DURING THE WAR OF THE REBELLION, TO JANUARY 1, 1865. No. Regiment. No. of men. 959 1,247 1,074 1,184 1,037 1,013 1,138 1,027 1,090 1,027 1,022 981 989 840 1,196 919 956 875 985 925 980 1,008 961 979 995 919 940 956 1,006 978 977 926 986 953 984 986 914 910 2d ( ti 3d I <( 4th ( tt 5th i 11 6th t tt 7lh t 11 8th ( (( 9th ' ( (( 10th ' ( It llth ' 1 tt 12th ' t tt 13th ' 1 •> 14th ' ( (( 15th ' ( It 16th ' t tt 17th • t (( 18th ' 19th ' ( tt 20th ' I tt 2l8t ' t tt 22d ' t tt 23d ' I tt 24th ' t tt 25th ' t if 26th ' ( It 27th ' t tt 28th ' I It 29th • t tt 30th ' t tt 31st ' 32d ' t tt t tt . 33d ' 34th ' 35th ' t tt I tt 36th ' t tt 37th ' 1 It 38th ' t 41 No. Regiment. 39th Iowa Infantry 40th " " 41st Battalion Iowa Infantry.... 44th Infantry (100-days men).. 4.5th " " " ., 4r)th " " " ., 47ih " " " ., 48th Battalion '• " .. 1st Iowa Cavalry 2d " " 3d " " 4th " " 5th " " 6th " " 7th " " 8th " " 9th " " Sioux City Cavalry* Co. A, llth Penn. Cavalry., 1st ]3attery Artillery 2d •' " 3d " " 4th " " 1st Iowa African Infantry, 60th U. Sf .. Dodge's Brigade Band Band of 2d lowa Infantry Enlistments os far as reported to Jan. 1, 1864, for the older Iowa regiments Enlistments of Iowa men in regiments of other States, over Total Re-enlisted Veterans lor different Regi- ments Additional enlistments Grand total as far as reported up to Jan, 1, 186-5 No. of men. 93S SCO 294 867 912 892 884 846 1,478 1.304 1,360 1,227 1,24.5 1,125 562 1,234 1,178 93 87 149 123 142 152 903 14 10 2,765 2,500 61,663 7,202 6,664 76,519 This does- not include those Iowa men who veteranized in the regiments of other States, nor the names of men who enlisted during 1864, in regiments of other States. * Afterward consolidated with Seventh Cavalry. ■j- Only a portion of this regiment was credited to the State. HISTORY OF THE STATE OF IOWA. 255 POPULATION OF IOWA, By Counties. COUNTIES. A^GGREGATE. 1875. 1870. I860. 1850. 1840. Voters. 7046 7832 19158 17405 2370 28807 22913 17251 13220 17316 3561 3982 4614 17868 16456 1212 22464 21706 14684 12528 17034 1585 984 1533 12237 11931 464 8496 8244 4232 4915 7906 57 1616 1727 777 3131 3653 Appanoose 8679' 627 Benton 672 135 736 4778 Black Hawk 4877 3515 2666 Buchanan 617 3890 Buena Vista 817 Butler 11734 3185 6760 ■ 10562 17879 6685 4249 11400 10118 3559 27184 34295 6039 14386 15767 13249 16893 35416 1748 43845 1436 20616 13100 6568 13719 7028 8134 9638 •7701 1482 15029 11818 21594 7876 3466 794 17456 23061 24128 17127 24664 19168 9951 1602 2451 5464 19731 4722 1967 10180 8736 1523 27771 35367 2530 - 12019 15565 12018 17432 27256 1389 38969 1392 16973 10768 4738 11173 4627 6399 7061 6055 999 13684 8931 21463 6282 2596 226 16644 22619 22116 17839 24898 19731 3724 147 281 1612 12949 940 58 4336 6427 62 20728 18938 383 5244 13764 8677 11024 19611 180 31164 105 12073 3744 1309 5074 1374 793 3068 1699 179 6440 3621 18701 3168 332 43 8029 18493 9883 16038 17573 13306 2598 CaJhoun 681 Carroll 1197 Cass 2422^ Cedar 3941 1253 3934 1526 1001 2392 Clarke ..... 79 2213 (];iay 868- Clavton 3873 2822 1101 821 5272 5669 1244 Dallas 864 7264 966 1759 12988 3170 Davis 3448 2882- 168 5577 3662 6654 394 10841 3059 8759 299 Fayette 825 4637 2884 Frflnlrlin 1374 1244 29^8- 1622 1625 2339 1455 303 3215 2658 Henry • 8707 3772 4641 1712- 695 Ida 172 822 7210 1280 9904 4472 3007 3576 1411 4901 6239 2773 1491 471 3721 6225 4180 • In 1862, name changed to Lyon. 256 HISTORY OF THE STATE OF IOWA. POPULATION OF IOWA— Concluded. COUNTIES. AGQKEGATE. 187.5. 1870. 1860. 1850. 1840. Toters. Keokuk '. 20488 3765 83913 31815 12499 11725 1139 16030 23718 24094 19629 10555 11523 2267 12811 1U389 21623 2349 1778 14274 • 2728 5282 2249 31558 21665 16482 7546 2873 89763 5664 8120 13111 18771 10418 8827 16980 23865 18541 19269 13978 13114 2986 24233 8568 4908 3244 19434 3351 38210 28852 12877 10388 221 13884 22508 24436 17576 8718 9582 3654 12724 5934 21688 715 13271 416 29232 18947 10370 5766 4822 4202 773 JjeQ 18861 5444 4939 471 6093 1373 1927 7374 7509 2899 2464 287 7339 14816 16813 6015 4481 3409 832 , 8612 1256 16444 8 1179 5989 5482 338 3632 Mahaika 5287 4988 Marshall 4445 Mills 2365 Mitphpll 2338 1292 2884 2743 2485 Muscatine 6731 1942 6588 O'Brien .'. 595 498 Page 9975 1336 2199 1446 27857 16893 15581 5691 1411 38599 2540 576 11651 16131 6989 6986 17672 22346 17980 18952 11287 10484 1562 23570 6172 2892 2392 4419 132 148 103 11625 4968 5668 2923 246 25959 818 10 4051 5285 3590 2012 17081 14-518 10281 14236 6409 2504 168 13942 1119 756 653 651 3222 656 Plymouth 1136 464 Polk 4513 7828 615 6842 4392 Poweshiek 3634 1496 Sao 657 5986 2140 7109 Shelby 1084 Sioux 637 Story 2574 8 204 3911 Taylor 2282 1924 12270 8471 961 4957 340 6146 3893 Wapello 6346 4168 Washington 1594 4168 2947 2747 Winnebago 406 546 4117 1776 Worth 763 Wright 694 Total 1353118 1191792 674913 192214 43112 284557 * Formerly Buncombe. THE NORTHWESTERN STATES. 257 ILLINOIS. Length, 380 miles, mean width about 156 miles. Area, 55,410 square miles, or 35,462,400 acres. Illinois, as regards its surface, constitutes a table-land at a varying elevation ranging between 350 and 800 feet above the sea level ; composed of extensive and highly fertile prairies and plains. Much of the south division of the State, especially the river-bottoms, are thickly wooded. The prairies, too, have oasis-like clumps of trees scattered here and there at intervals. The chief rivers irrigating the State are the Missi^ippi — dividing it from Iowa and Missouri — the Ohio (forming its south barrier), the Illinois, Wabash, Kaskaskia, and San- gamon, with their numerous affluents. The total extent of navigable streams is calculated at 4,000 miles. Small lakes are scattered over vari- ous parts of the State. Illinois is extremely prolific in minerals, chiefly coal, iron, copper, and zinc ores, sulphur and limestone. The coal-field alone is estimated to absorb a full third of the entire coal-deposit of North America. Climate tolerably equable and healthy ; the mean temperature standing at about 51° Fahrenheit As an agricultural region, Illinois takes. a competitive rank with neighboring States, the cereals, fruits, and root- crops yielding plentiful returns ; in fact, as a grain-growing State, Illinois may be deemed, in proportion to her size, to possess a greater area of lands suitable for its production than any other State in the Union. Stock- raising is also largely carried on, while her manufacturing interests in regard of woolen fabrics, etc., are on a very extensive and yearly expand- ing scale. The lines of railroad in the State are among the most exten- sive of the Union. Inland water-carriage is facilitated by a canal connecting the Illinois River with Lake Michigan, and thence with the St. Lawrence and Atlantic. Illinois is divided into 102 counties ; the chief towns being Chicago, Springfield (capital), Alton, Quincy, Peoria, Galena, Bloomington, Rock Island, Vandalia, etc. By the new Consti^ tution, established in 1870, the State Legislature consists of 51 Senators, elected for four years, and 153 Representatives, for two years ; which numbers were to be' decennially increased thereafter to the number of six per every additional half-million of inhabitants. Religious and educational institutions are largely diffused throughout, and are in a very flourishing condition. Illinois has a State Lunatic and a Deaf and Dumb Asylum at Jacksonville ; a State Penitentiary at Joliet ; and a Home for (99) 258 THE NORTHWESTERN STATES. Soldiers' Orphans at Normal. On November 30, 1870, the public debt of the State was returned at $4,870,937, with a balance of 11,808,833 unprovided for. At the same period the value of assessed and equalized property presented the following totals : assessed, $840,031,703 ; equal- ized $480,664,058. The name of Illinois, through nearly the whole of the eighteenth century, embraced most of the known regions north and west of Ohio. French colonists established themselves in 1673, at Cahokia and Kaskaskia, and the territory of which these settlements formed the nucleus was, in 1763, ceded to Great Britain in conjunction with Canada, and ultimately resigned to the United States in 1787. Illinois entered the Union as a State, December 3, 1818; and now sends 19 Representatives to Congress. Population, 2,539,891, in 1870. THE NORTHWESTERN STATES. 259 INDIANA. The profile of Indiana forms a nearly exact parallelogram, occupy- ing one of the most fertile portions of the great Mississippi Valley. The greater extent of the surface embraced within its limits consists of gentle undulations rising into hilly tracts toward the Ohio bottom. The chief rivers of the State are the Ohio and Wabash, with their numerous affluents. The soil is highly productive of the cereals and grasses — most particularly so in the valleys of the Ohio, Wabash, Whitewater, and White Rivers. The northeast and central portions are well timbered with virgin forests, and the west section is notably rich in coal, constitut- ing an offshoot of the great Illinois carboniferous field. Iron, copper, marble, slate, gypsum, and various clays are al§o abundant. From an agricultural point of view, the staple products are maize and wheat, with the other cereals in lesser yields ; and besides these, flax, hemp, sorghum., hops, etc., are extensively raised. Indiana is divided into 92 counties, and counts among her principal cities and towns, those of Indianapolis (the capital). Fort Wayne, Evansville, Terre Haute, Madison, Jefferson- ville, Columbus, Vincennes, South Bend, etc. The public institutions of the State are many and various, and on a scale of magnitude and efficiency commensurate with her important political and industrig,l status. Upward of two thousand miles of railroads permeate the State in all directions, and greatly conduce to the development of her expanding manufacturing interests. Statistics for the fiscal year terminating October 31, 1870, exhibited a total of receipts, $3,896,541 as against dis- bursements, $3,532,406, leaving a balance, 1364,135 in favor of the State Treasury. The entire public debt, January 5, 1871, $3,971,000. This State was first settled by Canadian voyageurs in 1702, who erected a fort at Vincennes ; in 1763 it passed into the hands of the English, and was by the latter ceded to the United States in 1783. From 1788 till 1791, an Indian warefare prevailed. In 1800, all the region west and north of Ohio (then formed into a distinct territory) became merged in Indiana. In 1809, the present limits of the State were defined, Michigan and Illinois having previously been withdrawn. In 1811, Indiana was the theater of the Indian War of Tecumseh, ending with the decisive battle of Tippecanoe. In 1816 (December 11), Indiana became enrolled among the States of the American Union. In 1834, the State passed through a monetary crisis owing to its having become mixed up with railroad, canal, and other speculations on a gigantic scale, which ended, for the time being, in a general collapse of public qredit, and consequent bank- ruptcy. Since that time, however, the greater number of the public 260 THE NORTHWESTERN STATES. works which had brought about that imbroglio — especially the great Wabash and Erie Canal — have been completed, to the great benefit of the State, whose subsequent progress has year by year been marked by rapid strides in the paths of wealth, commerce, and general social aud political prosperity. The constitution now in force was adopted in 1851. Population, l,68o!i637. IOWA. In shape, Iowa presents an almost perfect parallelogram; has a lepgth, north to south, of about 300 miles, by a pretty even width of 208 miles, and embraces an area of 55,045 square miles, or 35,228,800 acres. The surface of the State is generally undulating, rising toward the middle into an elevated plateau which forms the " divide " of the Missouri and Mississippi basins. Rolling prairies, especially in the south section, constitute a regnant feature, and the river bottoms, belted with woodlands, present a soil of the richest alluvion. Iowa is well watered; the principal rivers being the Mississippi and Missouri, which form respectively its east and west limits, and the Cedar, Iowa, and Des Moines, affluents of the first named. Mineralogically, Iowa is important as occupying a section of the great Northwest coal field, to the extent of an area estimated at 25,000 square miles. Lead, copper, zinc, and iron, are also mined in considerable quantities. The soil is well adapted to the production of wheat, maize, and the other cereals ; fruits, vegetables, and esculent roots ; maize, wheat, and oats forming the chief staples. Wine, tobacco, hops, and wax, are other noticeable items of the agricvil- tural yield. Cattle-raising, too, is a branch of rural industry largely engaged in. The climate is healthy, although liable to extremes of heat and cold. The annual gross product of the various manufactures carried on in this State approximate, in round numbers, a sum of $20,000,000. Iowa has an immense railroad system, besides over 500 miles of water- communication by means of its navigable rivers. The State is politically divided into 99 counties, with the following centers of population : Des Moines (capital), Iowa City (former capital), Dubuque, Davenport, Bur- lington, Council Bluffs, Keokuk, Muscatine, and Cedar Rapids. The State institutions of Iowa — religious, scholastic, and philanthropic — are on a par, as regards number and perfection of orgaliization and operation» with those of her Northwest sister States, and education is especially well cared for, and largely diffused. Iowa formed a portion of the American territorial acquisitions from France, by the so-called Louisiana purchase in 1 803, and was politically identified with Louisiana till 1812) THE NORTHWESTERN STATES. 263 when it merged into the Missouri Territory; in 1834 it came under the Michigan organization, and, in 1836, under that of Wisconsin. Finally, after being constituted an independent Territory, it became a State of the Union, December 28, 1846. Population in 1860, 674,913 ; in 1870, 1,191,792, and in 1875, 1,358,118. MICHIGAN. United area, 56,243 square miles, or 35,995,520 acres. Extent of the Upper and smaller Peninsula — length, 316 mUes ; breadth, fluctuating between 36 and 120 miles. The south division is 416 miles long, by from 50 to 300 miles wide. Aggregate lake-shore line, 1,400 miles. The Upper, or North, Peninsula consists chiefly of an elevated plateau, expanding into the Porcupine mountain-system, attaining a maximum height of some 2,000 feet. Its shores along Lake Superior are eminently bold and picturesque, and its area is rich in minerals, its product of copper constituting an important source of industry. Both divisions are heavily wooded, and the South one, in addition, boasts of a deep, rich, loamy soil, throwing up excellent crops of cereals and other agricultural produce. The climate is generally mild and humid, though the Winter colds are severe. The chief staples of farm husbandry include the cereals, grasses, maple sugar, sorghum, tobacco, fruits, and dairy-stuffs. In 1870, the acres of land in farms were : improved, 5,096,939 ; unimproved woodland, 4,080,146 ; other unimproved land, 842,057. The cash value of land was $398,240,578 ; of farming implements and machinery, $13,711,979. In 1869, there were shipped from the Lake Superior ports, 874,582 tons of iron ore, and 45,762 of smelted pig, along with 14,1 88 tons of copper (ore and ingot). Coal is another article largely mined. Inland communication is provided for by an admirably organized railroad system, and by the St. Mary's Ship Canal, connecting Lakes Huron and Superior. Michigan is politically divided into 78 counties ; its chief urban centers are Detroit, Lansing (capital), Ann Arbor, Marquette, Bay City, Niles, Ypsilanti, Grand Haven, etc. The Governor of the State is elected biennially. On November 30, 1870, the aggregate bonded debt of Michigan amounted to $2,385,028, and the assessed valuation of land to 1266,929,278, representing an estimated cash value of $800,000,000. Education is largely diffused and most excellently conducted and pro- vided for. The State University at Ann Arbor, the colleges of Detroit and Kalamazoo, the Albion Female College, the State Normal School at Ypsilanti, and the State Agricultural College at Lansing, are chief among the academic institutions. Michigan (a term of Chippeway origin, and R 264 THE NORTHWESTERN STATES. signifying "Great Lake), was discovered and first settled by French Canadians, who, in 1670, founded Detroit, the pioneer of a series of trad- ing-posts on the Indian frontier. During the " Conspiracy of Pontiac," following the French loss of Canada, Michigan became the scene of a sanguinary struggle between the whites and aborigines. In 1796, it became annexed to the United States, which incorporated this region with the Northwest Territory, and then with Indiana Territory, till 1803, when it became territorially independent. Michigan was the theater of warlike operations during the war of 1812 with Great Britain, and in 1819 was authorized to be represented by one delegate in Congress ; itt 1837 she was admitted into the Union as a State, and in 1869 ratified the 16th Amendment to the Federal Constitution. Population, 1,184,059. WISCONSIN. It has a mean length of 260 miles, and a maximum breadth of 215. Land area, 53,924 square miles, or 84,511,360 acres. Wisconsin lies at a considerable altitude above sea-level, and consists for the most part of an upland plateau, the surface of which is undulating and very generally diversified. Numerous local eminences called mounds are intersperse! over the State, and the Lake Michigan coast-line is in many parts char- acterized by lofty escarped cliffs, even as on the west side the banks of the Mississippi form a series of high and picturesque bluffs. A group of islands known as The Apostles lie off the extreme north point of the State in Lake Superior, and the great estuary of Green Bay, running far inland, gives formation to a long, narrow peninsula between its waters and those of Lake Michigan. The river-system of Wisconsin has three outlets — those of Lake Superior, Green Bay, and the Mississippi, which latter stream forms the entire southwest frontier, widening at one point into the large watery expanse called Lake Pepin. Lake Superior receives the St. Louis, Burnt Wood, and Montreal Rivers ; Green Bay, the Menomonee, Peshtigo, Oconto, and Fox; while into the Mississippi empty the St. Croix, Chippewa, Black, Wisconsin, and Rock Eivers. The chief interior lakes are those of Winnebago, Horicon, and Court Oreilles, and smaller sheets of water stud a great part of the surface. The climate is healthful, with cold Winters and brief but very warm Summers. Mean annual rainfall 31 inches. The geological system represe/ited by the State, embraces those rocks included between the primary and the Devonian series, the former containing extensive deposits of copper and iron ore. Besides these minerals, lead and zinc are found in great quantities, together with kaolin, plumbago, gypsum. THE NORTHWESTERN STATES. 265 and various clays. Mining, consequently, forms a prominent industry, and one of yearly increasing dimensions. The soil of Wisconsin is of varying quality, but fertile on the whole, and in the north parts of the State heavily timbered. The agricultural yield comprises the cereals, together with flax, hemp, tobacco, pulse, sorgum, and all kinds of vege- tables, and of the hardier fruits. In 1870, the State had a total number of 102,904 farms, occupying 11,715,321 acres, of which 5,899,343 con- sisted of improved land, and 3,437,442 were timbered. Cash value of farms, $300,414,064 ; of farm implements and machinery, $14,239,364. Total estimated value of all farm products, including betterments and additions to stock, $78,027,032 ; of orchards and dairy stuffs, $1,045,983 ; of lumber, $1,327,618 ; of home manufactures, $338,423 ; of all live-stock, $45,310,882, Number of manufacturing establishments, 7,136, employ- ing 39,055 hands, and turning out productions valued at $85,624,966. The political divisions of the State form 61 counties, and the chief places of wealth, trade, and population, are Madison (the capital), Milwaukee, Fond du Lac, Oshkosh, Prairie du Chien, Janesville, Portage City, Eacine, Kenosha, and La Crosse. In 1870, the total assessed valuation reached $333,209,838, as against a true valuation of both real and personal estate aggregating $602,207,829. Treasury receipts during 1870, $886,- 696 ; disbursements, $906,329. Value of church property, $4,749,983. Education is amply provided for. Independently of the State University at Madison, and those of Galesville and of Lawrence at Appleton, and the colleges of Beloit, Racine, and Milton, there are Normal Schools at Platteville and Whitewater. The State is divided into 4,802 common school districts, maintained at a cost, in 1870, of $2,094,160. The chari- table institutions of Wisconsin include a Deaf and Dumb Asylum, an Institute for the Education of the Blind, and a Soldiers' Orphans' School. In January, 1870, the railroad system ramified throughout the State totalized 2,779 miles of track, including several lines far advanced toward completion. Immigration is successfully encouraged by the State author- ities, the larger number of yearly new-comers being of Scandinavian and German origin. The territory now occupied within the limits of the State of Wisconsin was explored by French missionaries and traders in 1639, and it remained under French jurisdiction until 1708, when it became annexed to the British North American possessions. In 1796, it reverted to the United States, the government of which latter admitted it within the limits of the Northwest Territory, and in 1809, attached it to that of Illinois, and to Michigan in 1818. Wisconsin became independ- ently territorially organized in 1836, and became a State of the Union, March 3, 1847. Population in 1870, 1,064,985, of which 2,113 were of the colored race, and 11,521 Indians, 1,206 of the latter being out of tribal relations. 266 THE NORTHWESTERN STATES. MINNESOTA, Its length, north to south, embraces an extent of 380 miles ; its oreadth one of 250 miles at a maximum. Area, 84,000 square miles, or 54,760,000 acres. The surface of Minnesota, generally speaking, coh- sists of a succession of gently undulating plains and prairies, drained by an admirable water-system, and with here and there heavily- timbered bottoms and belts of virgin forest. The soil, corresponding with such a superfices, is exceptionally rich, consisting for the most part of a dark, calcareous sandy drift intermixed with loam. A distinguishing physical feature of this State is its riverine ramifications, expanding in nearly every part of it into almost innumerable lakes — the whole presenting an aggregate of water-power having hardly a rival in the Union. Besides the Mississippi — which here has its rise, and drains a basin of 800 miles of country — the principal streams are the Minnesota (334 miles long), the Red River of the North, the St. Croix, St. Louis, and many others of lesser importance ; the chief lakes are those called Red, Cass, Leech, Mille Lacs, Vermillion, and Winibigosh. Quite a concatenation of sheets of water fringe the frontier line where Minnesota joins British America, culminating in the Lake of the Woods. It has been estimated, that of an area of 1,200,000 acres of surface between the St. Croix and Mis- sissippi Rivers, not less than 73,000 acres are of lacustrine formation. In point of minerals, the resources of Minnesota have as yet been very imperfectly developed ; iron, copper, coal, lead — all these are known to exist in considerable deposits ; together with salt, limestone, and potter's clay. The agricultural outlook of the State is in a high degree satis- factory ; wheat constitutes the leading cereal in cultivation, with Indian corn and oats in next order. Fruits and vegetables are grown in great plenty and of excellent quality. The lumber resources of Minnesota are important; the pine forests in the north region alone occupying an area of some 21,000 square miles, which in 1870 produced a return of scaled logs amounting to 313,116,416 feet. The natural industrial advantages possessed by Minnesota are largely improved upon by a railroad system. The political divisions of this State number 78 counties ; of which the chief cities and towns are : St. Paul (the capital), Stillwater, Red Wing) St. Anthony, Fort Snelling, Minneapolis, and Mankato. Minnesota has already assumed an attitude of high importance as a manufacturing State; this is mainly due to the wonderful command of water-power' she pos- sesses, as before spoken of. Besides her timber-trade, the milling of^ flour, the distillation of whisky, and the tanning of leather, are prominent interests, which in 1869, gave returns to the amount of $14,831,043. THE NOKTHWBSTEEN STATES. 267 Education is notably provided for on a broad and catholic scale, the eniiie amount expended scholastically during the year 1870 being $857,- 816 ; while on November 30 of the preceding year the permanent school fund stood at 12,476,222. Besides a University and Agricultural College, Normal and Reform Schools flourish, and with these may be mentioned such various philanthropic and religious institutions as befit the needs of an intelligent and prosperous community. The finances of the State for the fiscal year terminating December 1, 1870, exhibited a balance on the right side to the amount of $136,164, being a gain of $44,000 over the previous year's figures. The earliest exploration of Minnesota by the whites was made in 1686 by a French Franciscan, Father Hennepin, who gave the name of St. Antony to the Great Falls on the Upper Missisippi. In 1768, the Treaty of Versailles ceded this region to England. Twenty years later, Minnesota formed part of the Northwest Territory transferred to the United States, and became herself territoriaUzed inde- pendently in 1849. Indian cessions in 1851 enlarged her boundaries, and, May 11, 1857, Minnesota became a unit of the great American federation of States. Population, 439,706. NEBRASKA. Maximum length, 412 miles; extreme breadth, 208 miles. Area, 75,905 square miles, or 48,636,800 acres. The surface of this State is almost entirely undulating prairie, and forms part of the west slope of the great central basin of the North American Continent. In its west division, near the base of the Rocky Mountains, is a sandy belt of country, irregularly defined. In this part, too, are the " dunes," resem- bling a wavy sea of sandy billows, as well as the Mauvaises Terres, a tract of singular formation, produced by eccentric disintegrations and denuda- tions of the land. The chief rivers are the Missouri, constituting its en- tire east line of demarcation ; the Nebraska or Platte, the Niobrara, the Republican Fork of the Kansas, the Elkhorn, and the Loup Fork of the Platte. The soil is very various, but consisting chiefly of rich, bottomy loam, admirably adapted to the raising of heavy crops of cereals. All the vegetables and fruits of the temperate zone are produced in great size and plenty. For grazing purposes Nebraska is a State exceptionally well fitted, a region of not less than 23,000,000 acres being adaptable to this branch of husbandry. It is believed that the, as yet, comparatively infertile tracts of land found in various parts of the State are susceptible of productivity by means of a properly conducted system of irrigation. Pew minerals of moment have so far been found within the limits of 268 THE NORTHWESTERN STATES. Nebraska, if we may except important saline deposits at the head of Salt Creek in its southeast section. The State is divided into 57 counties, independent of the Pawnee and Winnebago Indians, and of unorganized territory in the northwest part. The principal towns are Omaha, Lincoln (State capital), Nebraska City, Columbus, Grand Island, etc. In 1870, the total assessed value of property amounted to $53,000,000, being an increase of §11,000,000 over the previous year's returns. The total amount received from the school-fund during the year 1869-70 was $77,999. Education is making great onward strides, the State University and an Agricultural College being far advanced toward completion. In the matter of railroad communication, Nebraska bids fair to soon place herself on a par with her neighbors to the east. Besides being inter- sected by the Union Pacific line, with its off-shoot, the Fremont and Blair, other tracks are in course of rapid construction. Organized by Con- gressional Act into a Territory, May 30, 1854, Nebraska entered the Union as a full State, March 1, 1867. Population, 122.993. CONSTITUTION OF THE UNITED STATES 209 CONSTITUTION OF THE UNITED STATES OF AMERICA AND ITS AMENDMENTS. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Article I. Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Sec. 2. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a representative who shall not have attained to the age of twenty-iive years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. Representatives and direct taxes shall be apportioned among the sev- eral states which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within everj^ subse- quent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative ; and until such enumeration shall be made the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plan- tations one, Connecticut five, New York six, New Jersey four, Pennsylva- nia eight, Delaware one, Maryland six, Virginia ten, North Carolina five, and Georgia three. When vacancies happen in the representation 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 officers, 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- 270 AND ITS AMENDMENTS. 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 vacaxicies. No person shall be a Senator who shall not have attained to the age of thirty years and been, nine 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 the Senate, but shall have no vote unless they be equally divided. The Senate shall choose their other officers, and also a President jor9 tempore, ia 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, CONSTITUTION OP THE tJNITED STATES ^71 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 States, 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 biUs for raising revenue shall originate in the House of Kepresentatives ; but the Senate may propose or concur with amendments as on other bills. Every bill which shall haw^e 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 hijn, 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 value 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 ; 272 -^^^ ITS AMENDMENTS. 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 a 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 militi* 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 ; To exercise legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular states, and ths 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. CONSTITUTION OP THE UNITED STATES 27S 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 wiU 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 j 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 j 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, * TUs clause between.brackets tias been superseded and annulled by tbe Twelfth;amendiuent, 274 AND ITS AMENDMENTS. 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 office 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-PBesident, and the Congress may by law provide for the case of removal, death, resignation, or inabil- ity, hpth 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 ambassadors, 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 ip 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 may 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 OONSTITTJTION OF THE tTNITED STATES" 27& 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. Abticlb hi. 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 bloody or forfeiture, except during the life of the person attainted. Abticlb 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 276 AND ITS AMENDMENTS. the Congress may, by general laws, prescribe the manner in which such acts, recdrds, 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, shall, on demand ■of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof escaping into another, shall, in consequence of any law or regulatioii 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 state 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. Article 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 he 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- 7 CONSTITtTTION OP THE UNITED STATES 277 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. MassachuBettg. Nathaniel Gobham, Rupus King. Connecticut. Wm. Sam'l Johnson, Roger Sherman. Delaware. Geo. Read, John Dickinson, Jaco. Broom, Gunning Bedford, Jr., Richard Bassett. Maryland. Jambs M' Henry, Danl. Carroll, Dan. op St. Thos. Jenifer. New York. Alexander Hamilton. New Jersey. WUi. Livingston, Wm. Patbrson, David Brearlet, JoNA. Dayton. Pennsylvania. B. Franklin, RoBT. Morris, Thos. Fitzsimons, Jambs Wilson, Thos. Mifflin, Geo. Clymer, Jared Ingersoll, Gouv. Morris. Virginia. John Blair, James Madison, Jr. North Carolina. Wm. Blount, Hu. Williamson, Rich'd Dobbs Spaiget. South Carolina. j. rutledge, Charles Pinckney, Chas. Cotesworth Pinckney, Pierce Butler. Georgia. William Few, Abb. Baldwin. WIHilAM JACKSON, Secretary. 278 AND ITS AKEINDMENTS. Abticles in Addition to and Amendatory of the CoNSTirrrTiOH OP THE United States op Ambkica. Proposed by Congress and ratified hy the Legislatures of the several statet, pursuant to the fifth 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 % 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 infamo"U8 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 epeedy 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 doUars, the right of trial by jury shall be preserved, and no fet ^ .. .tot. ^^^2::iitli. 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. Poi'ties may agree, in writing, on a rate not exceeding ten per cent. If a rate of interest greater than ten $er cent, ia contracted for, it works a forfeiture of ten per cent, to tlie soliool! md, and only the principal sum otm be recovered. DESCENT. '^ The personal property of the deceased (except (1) tliat necessary for pay- ment of debts and expenses of administration ; (2) propei'ty sot apai't to widow, as exempt from oxeollition: (3) allowance by court, if necessary, of tweh-iy inontlis' support to |||pw, and to duldroii under fifteen years of age), including li& insurance, dcsowqKnj^ does roal estate. One>thi^ in vohlMKbsolutely) of all estates in real jproperty,«^os8essed by husband &t any Mmt^ Rring marriage, which have not been sold on execution ^md to which me wife has made no relinquishment of her i as her property, in fee simple, if she survive him. (293) auaband atanytumft mr W'Other jud||ial sH^lM^cl right, sho||be set ap9> °^ 294 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 affected 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 o^hem) of such widow or surviving husband, it shall escheat to the State. jf 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. jgtf Withm ten days after the receipt of letters of admi^Klition, the executor or administrator shall give such notice of appointment aa^^e»court or-clerk shall- direct. ..■^^: . Claims (other than preferred) must be filed within om^i^ar tjj^reafter, are forever barred, unless the claim is pending in the Districtw^Supreme. Court, or unless peculiar circumstances entitle the claimant to equitable relief*. ABSTRACT OF IOWA STATE LAWS. 295 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. 6. 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 thf 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 eocieties, 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 hereaftei: 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 296 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, ajid 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 far 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 oflScer, partner, mortgagor or lessor, mortgagee or lessee. Road beds of railway corporations shall not be assessed to owners of adja- cent property, but shall 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 ^Ist 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 redemptio)i 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 297 JURISDICTION OF COURTS DISTRICT COURTS have jurisdiction, general and original, both civil and criminal, except in 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 vrrits 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 fine, 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 officer 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, withih 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 thfe 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. I 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 olBcers, practicing attorneys, physicians and clergymen, acting professors or teachers in institutions of learning, and persons disabled by 298 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 Seventeenth General Assembly, making it optional with the jury to inflict 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 fiax 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 officer, farmer, teamster or other laborer, habitually earns his living ; and to the debtor, if a printer, there 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 exempt their own ordinary wearing apparel and trunks to contain the same. ABSTRACT OF IOWA STATE LAWS. 299 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 astray 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, legally 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 offender 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. 300 ABSTRACT OF IOWA STATE LAWS. But if the owner appear within eighteen months from the taking up, proye 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 iA 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 insiif' ABSTRACT OF IOWA STATE LAWS. 301 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, thq 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 refiises 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 partition 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 w6rk 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 302 ABSTRACT OF IOWA STATE LAWS. the property sougtt 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, all necessary and succeeding steps will be shown and explained to the petitioners by the Auditor. ABSTRACT OF IOWA STATE LAWS. 303 ADOPTION OP 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 the 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 manner that deeds conveying lands shall be acknowledged. The instrument sh?ill 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. 304 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 circumstances 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 betweeu 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 thit period above prescribed, for the rent alone ; and the landlord is entitled to a vrrit ABSTRACT OF IOWA STATE LAWS. 305 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, ■the weight per bushel shall be as follows, to- wit: Apples, Peaches or Quinces, 48 Cherries, Grapes, Currants or Gooseberries, 40 fitrawberries, Raspberries or Blackberries, 32 Osage Orange Seed 32 Millet Seed 45 StoneCoal 80 Lime 80 Oornin the ear 70 Wheat 60 Potatoes 60 Beans 60 Clover Seed 60 Cnions A 57 Shelled Corn 56 Rye 66 Flax Seed 56 Sweet Potatoes 46 Penalty for giving less than the above standard is treble damages and costs and five dollars addition thereto as a fine. Sand 130 Sorghum Seed •?. 30 Broom Corn Seed 80 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 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. £ means pounds, English money. @ stands for at ov to; Bt) for pounds, and bbl. for barrels ; ^ for per or hy the. Thus, Butter sells at 20@30c f ft, and Flour at $8@$12 f bbl. foiar per cent., ziaA.'jfiov number. May 1. Wheat sells at $1.20@$1.25, "seller June." Seller June mez.n% 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 selling "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 « profit by the rise in prices. The " longs " •"■° *^'^^"^'^^ " i^"ii= " »= i* '° f^v their interest to "operate" possible. The so as to ■toss are termed " bulls," as it is for the prices upward as much as 306 ABSTRACT OF IOWA STATE LAWS. NOTES. Form of note is legal, worded in the simplest way, so that the amount and •erne of payment are mentioned : $100. Chicago, HI., 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. Lowrt. 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. 16, 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. rendered 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 W 2 Seamless Sacks " 30 m 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 interest 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 ths whole note to become due and collectable at once. If this note is sued, or judgment is confessed hereon, $ shall be allowed as attorney feca. 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. 307 sum of dollars, and the further sum of $ as attorney fees, with interest thereon at ten per cent, from , and — hereby confess judgment against 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 phall be liable on execution, for this judgment. Dated , 18—. '■ . The State op Iowa, 1 County. / 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. AETICLES 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 Ageebmbnt, 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 Ejand 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, ;0f 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 iwith the said John Jones, to pay for said hay five dollars per ton, for each ton te soon as delivered. 30r- ABSTRACT OP 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. * Xnow 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, adrainistrar 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 aip every person whatsoever. In witness whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six. Louis CuY. ABSTRACT OF IOWA STATE LAWS. 30f 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. [^Reverse 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, Tfith 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 r— said farm being my present place of residence. i 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 tile term of his natural life. Said building and land , therewith to revert to iWj said sons and daughters in equal proportion, upon the demise of my said ather, ' Sixth. It is also my will and desire that, at the death of my wife, Victoria jllizabeth Mansfield, or at any time when she may arrange to relinquish her 310 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 will 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. j,, {Form No. 1.) SATISFACTION OF MORTGAGE. State of Iowa, 1 County, J I, , of the County of , State of Iowa, do hereby acknowledge that a certain Indenture of , bearing date the day of , A. !)• 18 — , made and executed by and , his wife, to said "^ •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 || Recorder of the County of , and State of Iowa, on the day of — j ABSTRACT OF IOWA STATE LAWS. 311 A. D. 18 — , at o'clock . M. ; and recorded in Book of Mortgage Eecords, on page , is redeemed, paid off, satisfied and discharged in full. . [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 feknowledged, ha ye granted and sold, and do by these presents, grant, bargain, PU, convey and confirm, unto the said party of the second part, heirs and 312 ABSTXIACT OP 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 : (ITej-e 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 fiirther '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. Saidpafft further agree that inthe event ofthe non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attbrney'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 SheriflF 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 ol A. D. 187-, by and between ■ — , of the county of State of Iowa, of the first part, and , of the county and State of Iowa, ofthe second part, witnesseth that the said party of the first ABSTRACT OF IOWA STATE LAWS. uj.3 part has this day leased unto the party of the second part the following described premises, to wit : [Here insert description.'] for the term of from and after the — day of , A. D. 187-, &% the rent of dollars, to be paid as follows, to wit : [Here 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 8,612 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 persons 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 same to be used, fisr 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, c;uit 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 OF 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 ^ithin days after due, the whole sum, principal and interest, shall become due at once. U 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 : l^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 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. 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 f 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. 1.] . 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 : [^Here 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 Jiereby 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 describw premises. Signed the day of , A. D. 18 — . IN presence of [Acknowledged aa in Form No. 1.] ABSTRACT Of IOWA STATE LAWS. 315 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-clainoied, 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. 1.] BOND FOR DEED. Know all Men by these 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 r, 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 $ , 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. f If said obligee should fail to make 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.] 818 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 office 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 afiairs, 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 afiairs 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 wfei ABSTRACT OF IOWA STATE LAWS. 317 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 as 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 be 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. •318 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 thertof 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 affepted 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 may sell upon the prescription of a practicing physician. ABSTRACT OF IOWA STATE LAWS. 319( SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIP- TION. The business of publishing books by subseription, 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 the price named. The nature and character of the work is described by the prospectus and sample :ihoton. 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 eomfnission 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 be 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 the time of delivery, nor bind their principal for the payment of expenses incurred in their business. n, 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. STATISTICS OF AGRICULTURE OF IOWA (CENSUS OF 1875.) COtTNTIES. No. of Acres of Im- proved Land. No. of Acres Unim- proved Land. No. of Acres under Culti- vation In 1874. Spring 'Wlieat. ■Winter ■Wheat. Indian Corn. Oats. Value of Proriucte of Farm lA Dollars. No. of Acres. No. of Bushels Harv't'd No. of Acres. No. of Bushels Harv't'd No. of Acres. No. of Bushels Harv't'd No. of Acres. No. of Bushels Harv't'd Appanoose Alamakee Audubon 161059 134767 21146 65459 83182 33118 297618 156987 149498 145967 213025 19056 37059 64638 110864 58038 248869 52980 212291 299856 96504 68065 98694 26996 160938 115751 187831 143665 472029 15770 182435 9989 147098 179504 69859 115907 146089 59940 87259 128831 29114 115823 94848 10462 63966 182080 7292 191M1 193290 241021 278881 208907 167389 208125 31660 183832 108952 15872 281118 151007 126384 232398 199669 141512 161998 102215 223735 62242 178945 104683 83626 18490 207689 21928 124630 208989 156782 58283 18517 18400 235615 148649 53180 89824 31836 102861 266182 67005 153674 147766 194265 24614C 44179 48927 225176 97238 17689 85516 15020» 161083 156821 23819 43735 55680 37034 53911 71810 68908 47001 150881 71418 39919 28974 45304 283414 41417 309895 151908 57337 94772 309744 60487 "iieooa 87172 98561 58165 62305 29850 57765 25686 32130 98156 43U46 198832 47926 49838 47220 39980 36906 171048 337451 •341615 39936 50249 9494 89357 142401 71257 179752 63298 66979 98999 48793 78692 59767 31884: 62649 52922 70176 122490 82779 53604 188709 78206 47552 56278 48832 60607 32070 81406 66B4: 86572 419489 48697 175471 51912 82225 68829 19128 4387< 8982( 867394 47201 285515 90222 33216 99528 66795 167178 181670 67097 46957 6666S 61744 80625 828S7 63491 1^188 64352 66265 27010 239408 108642 124877 104810 181256 16T240 33375 45412 92785 45262 1664&5 48648 173622 ■■■74164 39159 78808 26618 131597 95275 146244 97618 161357 11961 114625 8387 110708 138768 65590 103039 135108 52328 76892 97765 27013 61871 72287 9005 52060 110831 6514 158488 142401 193019 216949 140684 126590 149672 28835 188580 88857 12766 175656 100066 ■ 94133 1508()8 153214 99837 lSt979 91730 117303 39844 129699 86026 26484 14661 140450 19219 90679 171583 115484 4437S 16679 60373 185742 99387 47230 83515 24179 19442 214941 45826 113268 117689 168737 259469 83097 32157 157884 70910 12421 289S7 135178 9606 61880 6376 17947 27550 15514 99406 82506 67907 48878 89361 64291 17481 81693 40123 24000 40467 28199 86883 68683 40162 26756 17968 11040 6878 8211 49240 10615 60401 6701 29256 3911 62067 60779 81096 13229 67384 19391 27489 38464 12046 86115 23948 4889 20676 15026 SIOS 48410 43616 45306 79926 36090 16237 33278 10798 10851 13954 8132 52178 »,5-64 65634 34362 45136 24386 37553 11638 69895 16334 32376 1381 14904 8769 87686 7434 83369 57312 22689 33628 860E 10926 47698 26658 22029 22996 Ild56 16446 97013 10586 7465 10876 42175 112175 1624! 23092 41646 80554 8989 13629 17368 77789 937639 89235 28137( 43501. 16273' 1343666 42925' 779167 644795 • 1108024 812342 15815! 401507 676209 324894 640644 415463 1805125 1010345 648519 840161 217090 109631 30993 77169 684135 113396 71728 25822 445848 1610 941439 863670 455909 2069U1 976607 257760 393574 497-261 20902 682803 143701 70006 294682 180220 48815 670247 650000 666779 1107170 462478 16490( 36852i 13139 72624 153587 76742 656597 1S9939 1083811 395532 5-i9663 342961 628314 10141! 1126382 183811 416471 651639 157526 74757 56338! 30774 588971 762826 366792 442736 23203 78851 762315 880897 817944 251286 110094 20681! 1437B07 1411SS 654679 1818465 218S76 s ig6i6( 1S7S35 1049 181 10 7? 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