|HpBw|BPWWwiWMPPijj*w^^ InSfiS I T-H-W-'A .ut?T\iij 190$ Sbbs IOWA BIOGRAPHICAL SERIES EDITED BY BENJAMIN F. SHAMBAUGH ROBERT LUCAS ROBERT? LUCAS SHOW AN OIL PAINTINGBY'-;;6j(!dJg9E H. TEWELL IN THE POSSESSION, OE THE STATE HISTOEICAIi .SOCIETY OJ. IOWA . . IOWA CITY IOWA X IOWA BIOGRAPHICAL SERIES EDITED BY BENJAMIN F. SHAMBAUGH ROBERT LUCAS BY JOHN C. PARISH THE STATE HISTORICAL SOCIETY OF IOWA IOWA CITY IOWA 1907 AUTHOR'S PREFACE The life of Robert Lucas presents an outline of intense convictions and strong assertive action. Set in a background of pioneer conditions, it partook distinctly of the characteristic vigor and ruggedness of that great westward move ment. Robert Lucas was one who made up his mind definitely and positively; and when once convinced of the righteousness of a course of action, no power could divert him from it. His determination amounted in some cases, perhaps, to stubbornness. _ The intense earnestness with which he pursued what he deemed to be right aroused hostilities which a man of greater tact and less strong convictions might have avoided. But the aggressive strength of character of an Executive like Robert Lucas was greatly needed both in the formative period of the State of Ohio and in the period of the organization of the Territory of Iowa. This volume is written in the hope that it may lead to the better ap preciation of the life of one who, though sorely x AUTHOR'S PREFACE buffeted, kept to the end his energetic patri otism and adherence to the principles of civic righteousness. The most important source of information from which this biography was written is the collection of letters and papers of Robert Lucas, preserved through half a century by his descend ants and heretofore unknown to the student of Iowa history. The discovery by Professor Benj. F. Shambaugh of the original manuscript of the Executive Journal of Iotoa, 1838-1841, covering the term of Governor Lucas, strengthened the belief that there must be papers in the posses sion of the descendants of the Governor which would add materially to the knowledge concern ing his career. Inquiries were made, and through the kindness of Robert Lucas, of Iowa City, grandson of the Governor, a collection of per haps two thousand manuscripts was placed at the disposal of the author. These included speeches, military commissions and reports, and letters written both in Ohio and in Iowa, bearing dates from 1803 to 1853. Without this material an adequate treatment of the life of Robert Lucas would have been impossible. AUTHOR'S PREFACE xi The utmost gratitude is therefore due to Robert Lucas, the grandson, not only for this first great assistance, but for his many subsequent kind nesses in furthering the work. Aside from this source, valuable material was gathered in Ohio and elsewhere. In the use of quotations the author has followed the practice of editing with exactness, following the original in spelling, punctuation, and capitaliza tion. Citation to authorities and additional items of information will be found under Notes and References at the close of the text. To the editor Of the series, Professor Benj. F. Shambaugh, the author desires to make especial acknowledgments. It was at his instance that the work was undertaken; and in the collection of material he has rendered valuable aid. He read the entire book both in manuscript and in proof, making helpful suggestions in many ways. In particular, for his inspiration and constant personal interest in the work the author is sin cerely grateful. John C. Parish The State University of Iowa Iowa City Iowa CONTENTS I. Eaelt Life 1 II. MlLITAEY MATTEES 8 III. Political Beginnings 16 IV. The Wae of 1812 25 V. The Invasion of Canada 38 VI. The Sukeendek of Detroit . . . . 48 VII. The Close of the Wae 56 VIII. State Senator 70 IX. A Jacksonian Democrat 82 X. State Politics 95 XI. The Baltimore Convention .... 105 XII. GOVEENOE OF OHIO 115 XIII. The Ohio-Michigan Boundary . . .126 XIV. The Toledo War 138 XV. 1836-1838 150 XVI. From Ohio to Iowa 160 XVII. Secretary Conway 168 XVIII. The Fiest Legislative Assembly . .179 XIX. Territorial Expenditures .... 187 XX. The Executive Veto 200 XXI. The End of the Conteoversy . . .216 XXII. The Missouei-Iowa Boundary . . .227 XIV XXIII. XXIV. XXV. XXVI. CONTENTS Removal from Office 258 Later Politics 267 Political Philosophy 278 The Last Days 284 Notes and References 293 Index 339 PORTRAITS Robert Lucas, from an oil painting . . frontispiece Robeet Lucas, from a water color painting opposite 2 5 Robeet Lucas, from a crayon . . . opposite 82 Early Life The history of the Lucas family is a story of pioneer settlements and frontier life, a tale of Indian wars and boundary disputes, a story with chapters generations long, with ever the same pioneer background and ever the same pursuit of the border-line of civilization from England in the Cromwellian days to the middle of the American continent two centuries later. In a word it is the story of the transcontinental march of the American pioneer — that wonderful tale, already three centuries long and still unfinished, which will some day be the theme when the na tion's epic is sung. In England the Lucas family had been Quak er; and when the tide of westward colonization set toward American shores there crossed the Atlantic one Robert Lucas who arrived in 1679 and took part in the founding of William Penn's colony.1 Bucks County, Pennsylvania, was his habitat; and here generations sprang forth to carry on the work he had begun. Here Edward 1 2 ROBERT LUCAS Lucas, the grandfather of Governor Robert Lu cas, was born and reared and married. For his wife he took Mary Darke, a descendent of a Cromwellian soldier named John Rush. This same John Rush had married Susanna Lucas at the close of the war, turned Quaker, and crossed the waters to Pennsylvania in 1683.2 Pennsylvania grew rapidly and prospered ; so that, by the time of Edward Lucas and Mary Darke, Bucks County had ceased to be the fron tier. The spirit of their fathers pointed toward the mountains; and so, westward beyond the Blue Ridge peaks and the Potomac River, Ed ward Lucas led his bride and settled down again on the border land. It was near the year 1735, runs the tradition, that he purchased from Lord Fairfax 10,000 acres of land in Jefferson Coun ty, Virginia, and made a home for himself and Mary a few miles above the juncture of the Shenandoah and Potomac rivers.3 In this home, in the course of years, a family of children grew up; and among them, born about 1743, was William Lucas, father of Robert. As he grew into manhood he met and married, at Shepherds- town, Miss Susannah Barnes, likewise of Jeffer son County. It was Joseph Barnes, a brother, who a few years later, according to local tradi tions, successfully propelled against the current EARLY LIFE 3 of the Potomac River a steamboat of his own invention — long before Fulton's Clermont had ploughed the waters of the Hudson. In William the long slumbering instincts of the Quaker seem to have passed away forever; for when the Revolution convulsed the little line of American Colonies, he enlisted as a pri vate in a company of the 2d Virginia Regiment, captained by Nathaniel Welch.4 His enlistment was on February 13, 1777, and for a term of three years. Moreover, the army records do not show that he attained in that time higher rank than that of private. His military service, how ever, did not end with the Continental army. In the Shenandoah Valley in those days the Indian troubles were a matter of no small con cern. If the colonies needed protection against the civilized nation across the waters, they need ed no less protection against the uncivilized nations on the western border. It seems that William Lucas was captain of a company en gaged in this frontier duty, and at the muster of this company in January, 1781, was read a proc lamation by Governor Thomas Jefferson of Vir ginia, warning all who had sworn allegiance to England to leave the country.5 It was in these eventful times and stirring en vironments that Robert Lucas was born at Shep- 4 ROBERT LUCAS herdstown, Jefferson County, Virginia, on the first day of April, 1781. 6 That he spent his boyhood in much the same way as other Vir ginia youths of that day is presumable. There was plenty to interest him. It may be that he amused himself in watching the experiments of his uncle Joseph and the engineer Rumsey with the steamboat at Shepherdstown. He may per haps have seen the trial trip and envied his ten year old cousin, John Barnes, who was a passen ger on the boat and who afterwards served with him in the Ohio Legislature.7 But little is known of Robert's early life. His father seems to have been possessed of land and slaves; and in this typical Virginia environ ment the boy grew to manhood. He is said to have received his early education in part from a private tutor (a Scotch schoolmaster named Mc- Mullen, or McMurren) who instructed him par ticularly in mathematics and surveying.8 In the light of his later career, and perhaps shaping it in a measure, this training was certainly of great yalue. As years and these troublous times passed, the men of '76 turned themselves to the pur suits of peace and nation-building. But the war had bred a restless spirit; and out through the Cumberland Gap and down the winding ways EARLY LIFE 5 of the westward flowing rivers went little bands of strong and rugged frontiersmen, at first to Tennessee and Kentucky and later to the broad rich valleys north of the Ohio River. In the spring of 1788 a company of New Englanders landed at the mouth of the Muskingum River and founded the first town in the Northwest Territory, naming it Marietta. Following the pioneers of this settlement came others. Flat- boats and rafts drifted lazily down the Ohio River depositing individuals and families here and there on its shores, like seeds carried far off by the wind. To the men who had settled the Shenandoah Valley, the groping for the edge of civilization had become a passion; and to let that enchanted border-line slip out westward and away from them was not to be thought of. The Lucas family was no exception to this rule. And so, about 1796, William and Joseph, two older broth ers of Robert, left the Jefferson Valley and made their way to the Ohio country, pausing near the mouth of the Scioto River.9 Where the Scioto empties into the Ohio, they found the land subject to inundations. They there fore moved on up the Scioto River before set tling down to wait for civilization. William Lucas became in time a General in the Ohio 6 ROBERT LUCAS Militia, in command of the lst Brigade, 2d Divi sion. Joseph sought more peaceful ways. He entered politics and represented Adams County in the first legislature of the State of Ohio, which convened at Chillicothe in March, 1803. He was also appointed in that year Associate Judge of the Court of Common Pleas; and in this serv ice he continued until his death in 1808.10 Meanwhile, back in Jefferson County, the old Revolutionary soldier felt the spirit of disquiet working in his bones, and the allurements of the west proved too great for him. A Virginian by birth, and a Jeffersonian democrat by everything sacred to politics, William Lucas waited only to cast his vote in 1800 for Thomas Jefferson as President, then moved with his family to the land where two of his sons were awaiting him.11 Some, at least, of his slaves he took with him and freed in Ohio where they were thereafter known as the Lucas negroes. On either side of the Scioto River he bought land and settled' down in what is now Scioto County.12 Such was the third transplanting of the Lucas family — and the end was not yet. Ohio was not then a State. Early in the year 1800 the Northwest Territory had been divided and the western part organized as the Territory of Indiana; while the district that is now Ohio, EARLY LIFE 7 together with a part of what is now Michigan, remained as the Northwest Territory.13 A few settlements had sprung up here and there, but for the most part the country lay* in unbroken forests and untilled plains. All day long the pioneer settler worked in his clearing and lay down at night with only the mournful howl of the wolves to disturb his quiet. The game of the forests sufficed for food; and the buckeye and bearskin provided materials for furniture and bedding. He lived much out of doors, and enlivened his existence by an occasional bear hunt, wedding, or camp meeting.14 As popula tion grew and Ohio entered upon statehood, these frontier conditions gradually changed. But for more than thirty years the history of this great Commonwealth is characterized by that sturdy western ruggedness and independ ence which conquered the forest and the prairie, built roads and canals, and everywhere laid the foundations of our democratic social and polit ical institutions. II Military Matters The opening of a new century found Robert Lucas just entering upon his years of manhood, with the instincts of a Virginia gentleman and the reckless vigor and spirit of a frontiersman. His training under the Scotch schoolmaster in Virginia was just such as would fit him for life in this new country. Land was unsurveyed, claims were indefinite, and boundaries were in dispute. In December of 1803 he was appoint ed Surveyor of Scioto County; and in this capac ity, in connection with Nathaniel Beasley, of Adams County, he ran the line between the two counties of Scioto and Adams.15 In these early days, too, he became interested in the militia movement which throughout his life enlisted his most intense sympathy and sup port. His military career began in this wise. In the year 1803 was consummated the treaty be tween President Jefferson and Napoleon for the purchase of the Territory of Louisiana. Now this territory had been only a few years before MILITARY MATTERS 9 ceded to France by Spain and was still in pos session of the Spanish officials. The treaty be tween France and Spain, moreover, expressly forbade the transfer of the country by Napoleon to another power. So when the perfidious Na poleon made arrangements to break his agree ment and sell to the United States, Spain imme diately entered protest. With Spain in posses sion of the territory and in a bad humor over the matter, the state of affairs was somewhat critical. In view of the anticipated refusal of Spain to give up possession of the recently acquired ter ritory the President deemed military precautions advisable. As a part of this plan Secretary of War Henry Dearborn, on October 31, 1803, issued to Governor Tiffin of Ohio, a request for the assembling of five hundred men of the Mili tia of Ohio to be formed into a regiment of eight companies. In compliance with this request, Governor Tiffin appointed various men in the State to raise enlistments of ten, twenty, or thir ty men each. Commissions as ensigns, lieuten ants and captains respectively were to be given upon receipt of the muster roll of these enlist ments. Robert Lucas received a commission to recruit twenty volunteers. The active service of these troops was not required, however, for Spain withdrew her protest at the dictation of 10 ROBERT LUCAS Napoleon and the transfer was peacefully con summated. On May 24, 1804, Lucas was com missioned Lieutenant of the third company of militia in the county of Scioto, in the lst Bri gade of the 2d Division of the Ohio Militia.16 On November 2, 1804, he was made Brigade Inspector of the lst Brigade with the rank of Major, and on the same day resigned his lieuten ancy. " In the year and a half that followed little is known of his military life, but he must have retained his interest and enthusiasm, for on Feb ruary 14, 1807, he received a commission as Lieutenant Colonel Commandant of the 2d Regi ment, lst Brigade, 2d Division of the Ohio Militia. This command of a frontier brigade soon brought him into a position of special op portunity. Relations between England and the United States, and France and the United States were, in the spring of 1807, in a very critical condi tion.17 The alternate decrees of England and France regarding neutrals had inflicted great in jury upon our commerce. For months Monroe. joined by Pinckney, had been laboring at Lon don to negotiate a treaty on commercial lines But the action taken by England in May, 1806 blockading the European Coast, could not pass unnoticed by Napoleon and his retaliatory Ber- MILITARY MATTERS H lin decree which on November 21, 1806, block aded the British Islands, practically wrecked all hope of bringing negotiations to a favorable conclusion. England and France pursued their struggle regardless of the right of neutrals and only now and then paused to throw out a worth less promise or an unauthorized negotiation as a sop to the feeble protests of the American administration. Thus matters stood when the Chesapeake af fair occured in June, 1807. It was only the cul mination of a long series of insults offered to America by British officers on our eastern coast. On the morning of the twenty-second of June the United States ship Chesapeake left Norfolk and sailed out of Hampton Roads on her way to the Mediterranean. The English ship Leopard followed her out upon the high seas, spoke her, and demanded the right to search her and carry off certain seamen claimed to have deserted from English ships. This was refused by Commo dore Barron; whereupon the English command er opened his broadsides upon the American vessel. The Chesapeake was in every way un prepared for conflict; ammunition was misplaced; some of the guns were off their carriages, ram mers were missing; not a match was to be found on shipboard and only by means of a live coal 12 ROBERT LUCAS from the ship's galley could a single return fire be made. After the hold of the Chesapeake had been perforated by the enemy and her masts and rig ging broken and torn, her commander was forced to haul down the ¦ American flag and surrender to the British. The English commander did not accept the prize, but left the wreck to make its way, with every pump going to keep the wa ter from the hold, back to Hampton Roads. The result of this outrage was an almost in stantaneous outburst of excitement and indigna tion from one end of the United States to the other. Mass meetings were called, resolutions were passed, proclamations issued; and conditions seemed ripe for an immediate war. President Jefferson sent a proclamation to England demanding an explanation and redress for the outrage and at the same time decided to call upon the Governors of the States for their quota of 100,000 militia, having in contempla tion a winter campaign against Canada. In ac cordance with this call Robert Lucas was, on August 1, 1807, ordered to take effectual meas ures for detaching a company of fifty-four men from his regiment to make up part of the quota from the State of Ohio.18 This company was to hold itself in readiness for immediate call to ac- MILITARY MATTERS 13 tive service and might be mustered either by voluntary enlistment or by a draft. The prox imity of the Canadian border made the need of precautionary measures apparent, and the enthu siastic patriotism of the Ohio pioneers rendered a draft unnecessary. In a few days a volunteer company was organized which chose Robert Lu cas as Captain, his commission as such from Act ing Governor Thomas Kirker being dated Aug ust 25, 1807. Great events in the life of Robert Lucas seem ed to call out efforts at verse; and on this occa sion, fired with patriotic enthusiasm, he composed a song of five stanzas, in which he exhorted the heroes to march on to Canada and pull down the British standard, to follow the example of Wash ington and redress the insults offered to Colum bia's sons. He ends with the following senti ment — perhaps more patriotic than poetic:19 Tho sundry snares has oft been spread To catch our freedom from us All conspirators should be lead And hung upon the gallows. The song was sung on this occasion to the tune of Soldier's Return; and under the inspira tion, perhaps, of its martial strains the company drew up the following tender of their services to the President of the United States: 14 ROBERT LUCAS To the honorable Thomas Kirker Esquire acting Gov ernor of the State of Ohio: Sib: We the undersigners do hereby voluntarily enroll ourselves in a volunteer Company, to serve as such, on any Expedition the president of the United States may think proper to Call us to — In Conformity to an act of Congress in that case made and provided — and to abide the orders thereof, in such matters as is relative thereto, — in assisting to Expell all foreign and Domestic Envations and to defend the great wrights and Liberties, of a free and Independent Nation — respect fully we are your Excellencies most obedient and very Humble Servants.20 Following this statement is the list of the sig natures of the members of the company headed by the peculiar autograph of Robert Lucas as their commanding officer. This patriotism was commendable; but, as events transpired, it was a matter of over four years before the field of bat tle actually required their service. Meanwhile the proclamation of Jefferson with his demands for reparation had reached England. After much beating about the bush the English ministry sent a commissioner, named George Henry Rose, to America to discuss the matter. Upon being received by Jefferson in January, 1808, he assumed the attitude of one expecting an apology from the American administration for the demands they had made in the proclama- MILITARY MATTERS 15 tion. Of course the negotiations came to naught, Rose returned to England, Jefferson swallowed the insult of the Chesapeake outrage as best he could and turned to the policy of an embargo. The administration meekly and cringingly ac cepted the insults heaped upon it and plodded on in desparation until four years later it was forced into the war which it had striven so long to avoid. Ill Political Beginnings Military matters, however, did not keep Rob ert Lucas out of civil office. As early as the 16th of December, 1805, he was commissioned by Governor Tiffin a Justice of the Peace for Union Township, Scioto County, and on the fol lowing day took the oath of office before Elijah Glover, another Justice of the Peace for Union Township who a few years later became Lucas's most bitter enemy. At this time an important function of "the Squire" was solemnizing the bonds of matrimony. Indeed, nearly all mar riage ceremonies were performed, by the Justice of the Peace — owing perhaps to the fact that the exponents of the law were much more in evidence than exponents of the gospel. No town could be long without its tavern; so in the town of Portsmouth at the mouth of the Scioto, a little man with a peppery temper and the sturdy name of John Brown opened the first tavern or hotel. It stood on the street fronting the Ohio, where the patrons might look out across the river POLITICAL BEGINNINGS 17 and enjoy the beautiful SQenery of the Kentucky hills beyond. It so happened that this landlord had two attractive daughters, Elizabeth and Ra chel; and the records show that in 1806 Robert Lucas in his capacity as Justice of the Peace united in marriage William Kendall and Rachel Brown. The fact is interesting in the light of after events; for Robert Lucas four years later married the other daughter, Elizabeth, and made his home at the tavern, while William Kendall, his brother-in-law, became his most constant rival for political office.21 The 4th of July, 1808, is memorable for a great farmers' celebration held on the farm of Major Isaac Bonser near the mouth of the Little Scioto River. It was by no means a local gathering. From forty and fifty miles in every direction the crowds gathered. Some came across country in wagons, while others floated down the rivers in boats. Not having a fieldpiece at hand they im provised a cannon by boring out a log and band ing it with iron. Their enterprise and effort were worthy of better results than followed; for this home made instrument of warfare burst dur ing the firing. More successful, however, was the literary program. The speaker of the occa sion was Robert Lucas, who, after reading the Declaration of Independence, delivered an oration to the assembled crowd.22 18 ROBERT LUCAS Whether or not this oration had any political significance we can only surmise; but in the fall of that same year Robert Lucas was elected by the people of Scioto County to represent them in the lower branch of the Ohio legislature. The session convened at Chillicothe on December 5, 1808, and adjourned on February 21st of the next year. Lucas was appointed on a committee which had to do with the regulation of fees of civil officers; and he seems to have performed his part satisfactorily in the session, although from the records in the Journal of the House he does not appear conspicuously prominent in the proceedings.23 After the adjournment he re sumed his private life and not until five years later does he again appear in the legislature of the State. An act, however, was passed by this session which was of a distinct interest to Robert Lucas. This was an act for disciplining . the Militia of the State, which became a law February 14, 1809. It reorganized brigades and divisions so that the regiment from Scioto County, under the com mand of Lieutenant Colonel Robert Lucas and formerly a part of the lst Brigade was attached to the 2d Brigade, 2d Division. The law also provided that all officers holding commissions as Lieutenant Colonels should be commissioned as POLITICAL BEGINNINGS 19 Colonels, so that Robert Lucas received a com mission dated February 20, 1809, making him Colonel of the lst Regiment of the 2d Brigade of the 2nd Division of the Ohio Militia. Let us follow his military advancement one step further. Lucas had at this time a firm friend in the person of Duncan Mc Arthur, Major Gen eral of the 2d Division. McArthur had been in the Senate the year Lucas was in the House, and as Senator his term of office extended over the following year. In February of 1810 he wrote to Lucas in regard to the latter's candidates for Associate Judges of Scioto County — to be ap pointed by the legislature — and closed his letter with an expression of his regret at the ' ' loss of that social enjoyment which I experienced last session in the representative from Scioto." In July of the same year McArthur informed Lucas that by the resignation of Jeremiah McLene, Brigadier General of the 2d Brigade, the duties of that officer would devolve upon Lucas until a Brigadier General could be elected and qualified.24 While no proof in the way of a commission has been found to show that such election resulted in the choice of Robert Lucas, yet the fact is evi denced by the letters of Major General McAr thur, addressed in the following year, to General Lucas, and by a letter from Lucas to the Secre- 20 ROBERT LUCAS tary of War at Washington, which he wrote in 1811 and signed: Robert Lucas, Brigadier General, 2d Brigade, 2nd Division of Ohio Militia. Life in a frontier country is fraught with many drawbacks and disadvantages. Here the tempta tions to lawlessness are great and constant. The spirited temperament that is fostered by the dan gers and hardships of such a life is not a tem. perament that lends itself easily to restraint or check. Journeying with the westward move ment of the border, living in an atmosphere of excessive freedom and intensity, men were de veloped in whom energy and vigor rather than self-restraint were the prominent characteristics. Men of the frontier breathing daily the freshness of unrestrained freedom and ever courageously facing the dangers of the wilderness did not al ways possess that sense of order and control of self which gives poise and character to life.- This is not true of all, but it is the case with a large number. It was so especially with many of the early settlers of Ohio and the Territory of the Northwest. Robert Lucas inherited from his father, in spite of his Quaker antecedents, an intense military spirit. Brought up on the border line of Vir ginia, in a slave-holding family, he imbibed the POLITICAL BEGINNINGS 21 high-strung temperament of the Virginian. Mov ing from there to a still newer country before maturity had brought him wiser consideration, and thrown with others of a kindred mould, the result was but natural that he should have been in the days of his early manhood one whose rugged self-assertion had in it more than a tinge of recklessness. Because of this prevalent ten dency in the early communities of Ohio, the county Sheriff was a personage of no mean im portance and of no infrequent duties. Indeed, among the best of families and the most promi nent persons of the community arrests were not of unusual occurrence. And so it is not a matter of surprise that in 1810 a suit was brought against Robert Lucas. The Sheriff of Scioto County attempted to take him into custody. Lucas, however, was not one to submit tamely to arrest, and successfully re sisted the officers of the law. He was a formid able and determined man, a prominent officer of the militia, and with many friends in the com munity. The Sheriff, rather than endanger his life, resigned his office. His duties then devolv ing upon the Coroner, he also resigned. Then Lucas swore vengeance upon the Clerk who had issued the writ, and he too resigned. The situation was an interesting one — a re- 22 ROBERT LUCAS fractory militia-man defying the laws, and seem ingly no one with courage enough to execute them. But at this j uncture a young school teacher named John R. Turner appeared, and agreed, if made Clerk, to issue the writ. At the same time Elijah Glover undertook the responsibility of making the arrest if appointed Sheriff. These two — John R. Turner and Elijah Glover — re ceived the appointments. The writ was issued; and Glover, reinforced by his brother Nathan and three others as a posse comitatus, proceeded boldly up the street of Portsmouth in the per formance of his new found duty. Early in the year Robert Lucas had married Elizabeth Brown, the daughter of John Brown the tavern keeper, and was himself at this time living at the tavern. Accounts differ as to his reception of his visitors, some claiming that he made no resistance, while Glover himself, some years later, says that he met with resistance in the shape of a billet of wood. However that may be, the arrest was accomplished and the pro cession started for the jail. But John Brown, though insignificant in stat ure, was a man of fiery disposition. In his wrath he followed them from his tavern and made some demonstration as if to rescue his son-in-law from the long arm of justice. But he reckoned with- POLITICAL BEGINNINGS 23 out his host; for Nathan Glover, a man of enor mous frame, picked the little man up bodily and rudely threw him into a clump of jimson weed. No more resistance came from the father-in-law.25 Lucas, lodged in jail, was restless, and the mili tia seemed to him to offer a loophole for escape. To various officers he wrote letters or orders, look ing toward a forcible release of their unfortunate commander. Eighteen years later, in a senatorial campaign between Lucas and Kendall, the follow ing was printed in the Western Times, as a copy of one of these letters: Portsmouth, Sep 15, 1810 ™ Captain Lindsay: — You are requested to attind at Ports mouth immediately, armed and as many of your neigh bors as are willing to support the Constitution, as the revolutionist party has, by violence fourced me into prison. If you respect the constitution of your country, which you are sworn to support, you will attind imme diately and defend your constitutional officers. You will pleas attend at Mr. Brown's as soon as pos sible, as there will doubtless be a number in town by that time that will unite with you in supporting the constitution of the State. I am with every sentiment of respect, your obedient and very humble servant Robert Lucas. Capt. John M. Lindsay. On the fold of the letter was the following en dorsement: 24 ROBERT LUCAS Elijah Glover [ ¦ The dam Nathan Glover < > raskels Nimrod Hogue - | that Alexander McClane j 1 mobbed John H. Thornton < ' me The Sheriff, however, quelled any attempt at jail breaking and Lucas paid the penalty of the law. From this time on, the Lucas and Glover families were in a state of feud, constant arrests and law-suits taking place for years.27 On April 4, 1810, Lucas had married Elizabeth Brown and since that time had made his home at the inn of his father-in-law. In 1811 a daugh ter, Minerva, was born to them. This daughter grew to womanhood and married Mr. Horatio N. Sumner, a younger brother of Lucas's second wife, Friendly Sumner. Robert Lucas became, therefore, the brother-in-law of his own son-in- law. At the tavern he seems to have turned his attention to mechanical pursuits and amused him self, as tradition relates, by experimenting with the construction of a perpetual motion machine which greatly excited the curiosity of the people of Portsmouth and was a point of interest to which all visitors in the town were referred.28 IV The War of 1812 Robert Lucas was no less a soldier than he was a pioneer. Away back in the days of the Cav aliers and Roundheads an ancestor had fought under the standard of Oliver Cromwell; and, in the generations that followed, the heritage of military talent had not been lost. The War of 1812 found Lucas in his thirty-second year and a Brigadier General in the militia of a State which from its geographical position was sure to assume a prominent part in the coming hostilities. It is not necessary to detail the events leading to the second war for American independence. In the five years preceding 1812 the Adminis tration had exhausted every expedient known to its diplomacy and had suffered countless insults from both England and France in an effort to avoid war. For over four years the Chesapeake outrage had passed without reparation. The in terference with neutral trade in American vessels had been unremitting; and the impressment of American seamen by British commanders had been continued on a constantly increasing scale. 26 ROBERT LUCAS The Congress that convened in November, 1811, was strongly Republican in both houses, and the infusion of new members made a distinct change in its attitude toward the war. Young men like John C. Calhoun, William Lowndes, and Langdon Cheves gave an aggressive charac ter to the whole body of legislators. Under the leadership of Henry Clay, who was chosen speak er of the House, a declaration of war seemed al most a foregone conclusion. The President's message rang with a more warlike tone, and de bate on measures looking to preparations for a conflict at once began. On January 11, 1812, a bill was passed increasing the regular army to twenty-five thousand, and on February 6th the President was authorized to receive volunteers from the State militias to the number of fifty thousand. An invasion of Canada was of course the object for which these warlike preparations were being made. Out in the Northwest, meanwhile, affairs were assuming a critical aspect. For years the British traders across the Canadian line had been heap ing presents at the feet of the Indian warriors and encouraging and abetting them in their efforts to unite all the tribes into a confederation under Tecumseh. Smarting under the blow inflicted at Tippecanoe by General William Henry Har- THE WAR OF 1812 27 rison in 1811, the Red Men embraced the op portunity to make common cause with the Eng lish and to widen their confederation among neighboring tribes. Their fiercely eager desire to fall at once upon the Americans was, however, curbed by the traders, who, not without some difficulty, held them in leash until a more oppor tune time.29 Notwithstanding the protestations of peace made by the wily Tecumseh, the settlers of the Northwest generally understood and appreciated the situation, and already in the early months of 1812 held themselves in readiness for instant de fense. In April, isolated murders were com mitted by Indian bands, followed by symptoms of panic among the inhabitants of Indiana and the western border line of Ohio. It was in this same month of April that Congress authorized the President to call out one hundred thousand State militia and that Return Jonathan Meigs, Governor of Ohio, took immediate measures to raise the quota of volunteers apportioned to his State. Robert Lucas was then Brigadier General of the 2d Brigade of the 2d Division of the Ohio Militia. Accordingly, in April he received or ders through his friend, Major General Duncan McArthur (at that time commanding the 2d 28 ROBERT LUCAS Division) to transmit without delay from his bri gade its proportion of the twelve hundred men required of the State. The volunteers were to be organized to march immediately to Detroit. These orders placed Lucas in a rather peculiar position. For some time he had been desirous of entering the United States Army; and mainly through the efforts of General McArthur and Alexander Campbell, United States Senator from Ohio, he had received a commission as Captain in the 19th United States Infantry. This office he had accepted only a few days before receiv ing the brigade orders. Moreover, he had not yet received orders of an assignment as a United States Army officer. After some deliberation he concluded that the urgency of the call for volunteers necessitated his attending to his du ties as Brigadier General; and so without delay he set about recruiting volunteer companies from his brigade. At this point, April 25th, Lucas began an ex ceedingly interesting daily journal which he car ried with him throughout the Hull campaign and to which constant reference has been made for the facts herein given.30 The board covers of this unique record are broken, and the pages are yellow with age; but despite its almost one hun dred years the writing is as legible as ever and THE WAR OF 1812 29 tells a story of wonderful interest to the student of American history. In Portsmouth, Lucas began his recruiting; and gathering together two companies — a volun teer company and a rifle company — from Scioto County, he started on his march northward. David Rupe had been chosen Captain of the rifle company; and on the morning of the 29th of April the volunteer company held an election and chose as their Captain, John Lucas, a young er brother of Robert. That night they encamp ed at Chillicothe, and spent the next day getting together camp kettles, wagons, and other sup plies for the trip to Dayton, the place of their rendezvous. When, after a four days' march, they reached Dayton, they found the town rap idly filling up with the gathering volunteers. Three other companies of Lucas's brigade were there. These, with the two companies which he had brought from Scioto County, he proceeded to organize into a battalion which chose James Denny as its Major. A battalion was also or ganized from the other brigade with Major Wil liam A. Trimble as commanding officer.31 At the same time Duncan McArthur was unani mously chosen Colonel of the volunteer regi ment thus formed from his division. Two other volunteer regiments were organized 30 ROBERT LUCAS at this time under Colonels Lewis Cass and James Findlay. Before starting for Detroit the Ohio volunteers were joined by Lieutenant Colonel James Miller and his veteran 4th Regiment of regulars from Port Vincennes. Robert Lucas could undoubtedly have had the command of the battalion recruited from his bri gade if he had so desired; but, in order to encour age enlistments at the start, he had volunteered as a private in his brother's company.32 His po sition was certainly unique. At one and the same time he was Captain in the United States army, a Brigadier General in the Ohio Militia and a private in a volunteer company. And in addition the records show that he was constant ly performing the independent duties of scout, guide, express messenger, and staff officer. On May 8, 1812, — news having come to Day ton of some Indian murders on the western bor der line of the State of Ohio — Lucas was re quested to go to Greenville with Captain Rupe and thirty of his men and ascertain the condition of affairs.33 They found the settlers on the Still water Creek greatly alarmed, building block houses, and abandoning their farms. Here and there they found traces of Indian ambushes. But the alarm seemed greatly out of proportion to the cause, and so on the fourteenth they returned to THE WAR OF 1812 31 Dayton. On the following day Lucas made his report to the Governor of Ohio. In a frontier campaign of this nature there was great need of competent -men to perform inde pendent services; and Governor Meigs fully ap preciated the value of Lucas to the army. It may have been that, having fulfilled his duty as re gards the organization of his troops, Lucas was now meditating upon his captaincy in the United States Army. At all events the Governor re quested him to stay with the volunteers, and promised to write to the Secretary of War in his behalf. Upon the assurance that he should lose neither rank nor emolument as a United States Army officer, Lucas consented to remain with the Ohio Militia. The next few days were spent in assisting in the discipline of the officers. His duties were now varied and interesting. For the twenti eth of May, his journal records the single state ment: "done my duty with the army." One night a noise like turkey calling was heard and the apprehensive camp immediately suspected the presence of Indians. When night came on again Robert Lucas and Samuel Herd lay in the bushes outside the camp, but discovered nothing. On the day that followed, which was the 23d of May, 1812, General William Hull arrived and 32 ROBERT LUCAS reviewed the army. It was then and there that the famous Hull campaign began which ended so ignominiously less than three months later. The coming of Hull brought a new duty to Lu cas. The General desired an express to start immediately for Detroit with despatches to Act ing Governor Reuben Atwater at Detroit and with addresses to the Indians of northern Ohio. Upon the suggestion of Governor Meigs, Robert Lucas was selected to perform this important task. Waiting but to witness the transfer of the command of the army to General Hull, Lucas started on his journey on the 25th of May ac companied only by William Denny. It was a long and arduous journey that lay before them and one by no means free from dangers. Hun dreds of miles of very sparsely settled country stretched between them and the far-away Detroit. Vast reaches of wilderness and mile after mile of swamp must be traversed. Nor were their minds, as they traveled by day or lay by the camp fire at night, free from the terrible thought of Indian bands turned hostile by English intrigues. This was not an idle fear. As they passed the head of Darby, and before they had even reached Delaware, they found the inhabitants in a state of alarm. At Delaware it was with great diffi- THE WAR OF 1812 33 culty that they discovered a man with sufficient valor to accompany them to Lower Sandusky and return with despatches. As they proceeded northward they found the inhabitants stockading their houses or abandoning their homes. Ar riving at Upper Sandusky, they secured an in terpreter who gathered together the Indian chiefs of the neighborhood at Negro Town. Here Lucas read to them the message from General Hull, which was addressed to the Wyandots, Delawares, Miamis, Ottawas, Pottawattomies, Chippewas, and Shawnees: — Long had he lived amongst them, and long had smoked the pipe of peace and friendship with them. The great Father of the nation carried in one hand the olive branch of peace, and in the other a sword; those of them that accepted the one should enjoy protection, peace, and happiness, and those that preferred the other should experience all the punishment his powerful hands could inflict. The present was a most awful crisis; everything dear to them was at stake. Should they commit acts of hostility they would forfeit their lands, their annuities, and their very existence among the white people. In this tenor he continued his address, prom ising them, in case they remained true to the existing treaties, all the blessings a bountiful 3 34 ROBERT LUCAS country could bestow. He closed with the as- surance that the white people sincerely wished to live at peace with their red brethren. In general the Indians seemed well pleased at the message of their father, General Hull, and dis claimed any hostile intentions. Lucas and Denny pushed on toward the north again. For a dollar they hired an Indian to ferry them across the high waters of the Tym- ochte in a canoe. On the 29th of May they ar rived at Lower Sandusky where they delivered despatches to Mr. Varnum, the United States Factor at that place. Here also a council was held with the Wyandots and Miamis, in which the former seemed friendly, but not so the latter. After leaving Lower Sandusky they struggled through "a tremendious Swamp of 40 m[i]l[e]s distanc[e]", swam the Miami of the Lake34 and pushed on to the River Raisin. Here Denny's horse gave out. Lucas, however, went on with Mr. Beard (the contractor at Detroit), reaching the end of his journey about four o'clock in the afternoon of the second day of June. Lucas lost no time in delivering his messages, and was treated with great hospitality by the officers at Detroit. The next two weeks passed very pleasantly after his arduous journey. He stayed at the home of Captain Hickman, a son- THE WAR OF 1812 35 in-law of General Hull, and spent the time in making himself acquainted with the city of De troit and its vicinity. At that time Detroit was the point which marked the western flank of settlement in both Canada and the United States, and the winding water line between there and Nova Scotia was sure to be the scene of conflict in the coming war. The plan of campaign on the part of the United States was to push the conquest of Canada from Detroit and from Buf falo and sweep the Canadian frontier from west to east. It was an excellent plan; but it was most miserably executed. Lucas, as he looked across at the Canadian border early in June, must have seen the diffi culties that faced the army. A few miles down the river at Maiden the British forces lay wait ing. One day Lucas descended the river in a canoe to within a mile of the garrison and watched the Queen Charlotte (a twenty gun ship) arrive with Governor Brock35 and reinforcements of a hundred British troops. Two days later (June 16th) having received word from General Hull, he started back through the wilderness with an interpreter to meet the troops and lead them to Detroit. Sometimes Lucas and his companion journeyed mile after mile in torrents of rain. Again they 36 ROBERT LUCAS encamped and let the horses graze while they picked strawberries. Fifteen canoe loads of In dians passed them going to Maiden. Rumors came to them of war parties of Pottawattomies; and all one night, thinking themselves surround ed by hostile Indians, they deserted their camp fire and lay in the bushes fighting mosquitoes and gnats. Pursuing their way through Round Heads Town and Solomons Town they finally reached the army at Camp Necessity where they reported to General Hull. Here Lucas records the following characteristic entry in his journal: "Invited to remain in the general's family but seeing so many fops and so much parade and no action among them, I Chose to attach myself to Gnl McArthurs Regiment, return[e]d and lodged with Gnl McArthur — " The army now numbered, according to Hull's own statement, over two thousand men.36 On June 24th, it resumed the march cutting the road as it went, with Lucas usually in the lead performing the varying duties of scout, guide and picket. After a somewhat eventful journey they reached the rapids of the Miami of the Lake on the twenty-ninth of June. Here Hull committed a fatal mistake. Securing a small schooner at the mouth of the river, he shipped part of the baggage and all of his valuable mili- THE WAR OF 1812 37 tary papers by way of Lake Erie to Detroit, un aware of the fact that nearly two weeks before, the Congress at Washington had declared war against England. Of course the schooner was captured by the English.37 The Department of War was certainly to blame for his failure to re ceive notice of that vital decision; yet censure cannot be avoided by a General who would en trust his military papers to an unprotected schooner and expect them to cross in safety a lake which he knew and acknowledged to be in control of the vessels of a country with which his nation was on the verge of war. From the mouth of the Miami of the Lake to Detroit the army marched through the mud and water of the wretched pioneer roads in constant fear of attack from the hostile Indians and bom bardment from the British on the Canadian shore. It was about four o'clock on the after noon of July 5th that the army came within sight of Detroit and encamped at Spring Well38 on the bank of the river, three miles below the town. Across on the Canadian side lay the little village of Sandwich. Against this point the first move in the conquest of Canada was directed. The Invasion of Canada General Hull made his plans to cross the river on Friday night, the 10th of July; but the un dertaking was delayed until the dawn of the 12th.39 On Saturday night there had been some insubordination among parts of the Ohio volun teers, and Captain Rupe's company had refused to cross. When the Sabbath dawned, however, and the army embarked for the Canadian shore, fifteen members of the mutinous company joined the ranks of their regiment and went over with the invading army. Lucas tells of the landing in these words: "Colo Cass and the 4th regular Regmt was to cross first I could not endure to be behind. I asked permission of Colo Cass and crossed with him and was among the first that landed in Can[a]da. We made our landing good and formed an encampm[e]nt opposite Detroit and raised the American flag without there even being a gun fired at us, — " General Hull immediately issued a proclama tion (under date of July 12th) to the inhabitants THE INVASION OF CANADA 39 of Canada.40 He offered them safety and peace if they remained neutral; he agreed to accept their services if voluntarily tendered. But he assured them that if they joined the British the horrors and calamities of war would stalk before them, and he promised to make it a war of ex termination if the savages were let loose upon the war path. "Had I any doubt of eventual success", he declared, "I might ask your assist ance but I do not. I come prepared for every Contingency. I have a force which look down all opposition and that force is but the van-guard of a much greater The first stroke with the Tomahawk, the first attempt with the scalp ing Knife, will be the signal of one indiscrimi nate scene of desolation. No White man found fighting by the side of an Indian will be taken prisoner Instant destruction will be his lot." These words certainly had the ring of energy and determination; but they were not followed by deeds correspondingly decisive. Hull called a council of war which decided against the attack upon Maiden and advised delay. Perhaps the reasons for not storming the town were good; but delay was certainly a poor expedient for the American army. If a blow was to be struck at all, the sooner it was done the better were its chances for success. Every day brought rein- 40 ROBERT LUCAS forcements to the British army. Hull's procla mation to the inhabitants of Canada, while it brought some deserters into the American camp, so alarmed the British that immediate steps were taken to concentrate a large army on the western frontier; and the magnificent energy of General Brock of the British forces overcame in a few weeks obstacles perhaps greater than those which confronted the more vacillating Hull.41 For weeks the American army lay in camp at Sandwich without any concerted action. Oc casionally troops were detached to make a sally here and there, and often skirmishes occurred; but never was action followed up vigorously by a large enough force to be effective. Very soon the troops became restless and murmuring began. During this time Lucas was by no means idle. Conducting reconnoitering trips, ascertaining the grounds of Indian alarms, and attending the picket guards, he was constantly in the place of the most active service. On the night of July 14th McArthur led a party of troops on an ex pedition to seize supplies, and Lucas in his jour nal mourns the fact that he did not go with them. July 16th, according to the journal, was a busy day. Colonels Cass and Miller obtained permission to capture the bridge over the river Aux Canards, within three miles of Maiden. THE INVASION OF CANADA 41 Down across Turkey Creek they went, two hun dred strong, with Lucas and a few rangers in front of the advance guard. As they approach ed, they found the bridge fortified by a field- piece and defended by both British and Indians. Here they divided. Leaving a force to advance openly upon the bridge, Lucas went with an other party up stream and crossed. "We as- sended the river", he says, "about 5 or 6 miles (piloted by two frenchmen that we made go with us) crossed the river (myself, Wm Stock ton and Saml Herd being the first ther[e] and advanced on a rise and kept a lookout while the others crossed) We De[s]cended on the oppo site side through a tremendous thicket of Bush es and Prickly ash swamps till we came in Sight of the Bridge." By this time the other division had reached the bridge, the defenders of which found them selves menaced from both quarters. The fight was immediately on in earnest, the British and Indians generally retreating. "A party of Rifle men", writes Lucas, "was directed to take the woods, they appeared Backward Supposing a body of Indians lay therein. But Capt [ ]* myself and Denton Scott rushed into the woods and was followed bravely by Capt *The name is omitted in the original manuscript. 42 ROBERT LUCAS Ullery8 Compa[n]y and part of Capt Rob[in]- sons we ran through the point of woods to where the British and Indians had been encamp ed, by this time our troops that was across the, riv[e]r Joined us, we fired upon them from the woods, being about 200 yards distan[t] being the nearest we could get to them, they retreated in Such hast[e] that we Could not Come up with them, by this time it began to get dark in the evening, we returned not having one man in jured, we left a guard at the Bridge and returned about 1 or 2 miles to Some houses and Barnes and encamped." The next morning Lucas crossed over the bridge in company with Colonel Cass and others and advanced some distance toward Maiden. Upon their return the officers held a council up on the wisdom of holding the bridge. Colonel Cass vehemently protested against evacuating a position once gained, especially since the bridge was the only obstacle between Sandwich and Maiden. He was overruled, however, and the bridge was abandoned, much to the disgust of Lucas, who wrote that "This was a bad manner to fateegue men to take the Bridge and give it up as we fo[u]nd it." The humor of a little incident that took place seems to have mollified him somewhat. ' ' One THE INVASION OF CANADA 43 of the British Soldi[e]rs that was wounded was brought up a prisoner with us, the oth[e]r con sidered mortally wounded, was left, he died the same day the Indians Came and scalped him and sold his scalp to the British a good trick for an indian to make the British Gov. pay for their own Soldiers Scalps." The British immediately took advantage of the evacuation of the bridge by cutting away the sills and erecting a breastwork of timber on the south, side of the stream. For days there was skirmishing at the bridge. On the twentieth of July Lucas ends the day's account with the words: "We all returned to Camp in Safety, but much f ateeguied and very Hungary being nearly two days without much to eat — There appears to be a mistery in these proceedings, if the bridge was wo[r]th contending for, why did we not keep it when we had it, if it is not an object why fa teegue troops in sending them to it 15 m[i]l[e]s from camp. I fear that these proceedings will prove injurious to us — " As days went by, the restlessness of the army increased. On the twenty-third, Lucas records that "report said that 50 Indians was on yester day Several miles above the bridge in Com- pa[n]y with a merchant from Sandwich — also that the proph[e]t had ar[r]ived at Maldon with 44 ROBERT LUCAS a reinforcement of Indians (Why does the ar my dally, why do they not make the Stroke on Maldon at once, had proper energy been used we might have been in Maldon now, we are tam pering with them untill they will be able to drive us back across the river had the Bridge been kept when we had it, untill the whole army was prepared to march all would have been well—" Thus the last days of July and the first of August wore away — days of alternate explora tion and skirmishing, with nights of weary watch and sudden alarm. By the fourth of August parties of the British and their savage allies not only had passed over the River Canards, but had crossed Turkey Creek and advanced to with in four miles of the American camp at Sandwich. On the day following, Lucas started on an ex pedition (under Major Van Horne) back across the Detroit River and down to the River Raisin to escort the mail and meet Captain Brush, who had arrived at that point with reinforcements and provisions for Hull's army. At daybreak they crossed the river. It was a beautiful morn ing when they landed on the American side; but it inaugurated an ill-fated expedition. They passed through the evacuated Indian town of Maguawga and, in the words of Lucas, "proceed- THE INVASION OF CANADA 45 ed on with great care to a place known by the name of the Big-Appletree Capt McColloch and myself was then together, the Capt alighted from his horse; and I proceeded on, the roads forked one round the right of an Indian Cornfield and the other on the left .... unfortunately for Capt McColloch he took the left hand road round the field he was accompanied by a Black man waiter to Major Van horne, they was fired upon by 12 or 14 Indians, as Soon as we heard the report of the guns I exclaim[ed] that McColloch was fired upon and requested the men in front to form a line across to the riv[e]r and to advanc[e] to the place where the fire was being about 150 yards in the rear of us and between the main body and the river, we don[e] so in front and had the rear performed the Same maneuvor we might have killed all the Indian[s], the rear g[u]ard at the fire was thrown into Confusion, the Indi[a]ns scalped and tom[a]hawked McCollo[c]h ran across the Cornfield and fired upon the rear g[u]ard and made the[i]r escape without being hurt". This was only the beginning of misfortunes. As they went on towards the River Raisin, they were warned by a Frenchman of an ambush of Indians near Brownstown. But the French had cried "Wolf! wolf!" so often that the men dis regarded the caution and walked open-eyed into 46 ROBERT LUCAS the trap. With the mail between the columns, they marched on four or five miles till they came to a defile near Brownstown through which they had to pass. "As we approached the defile", wrote Lucas, "I rode along the right colum[n] and requested of the men to see that their guns were fresh primed assur[i]ng them that their Safety depended on on their arms and their Valur and pointing out the place told them that if we met an enemy at all that day that it would be there, the road here passes through a narrow parari Surrounded on the right by a Mirey Creeck which cannot be crossed but at the one place for Some distan[ce] up and on the oppo site Side Covered with thick Bushes, on the left flank was a n[u]mb[e]r of small Indian Cornfields and thickets of Bushes, the Indians lay in the Bushes on the opposite Side of the Creek from us immediately on the bank in our front and right flank and in the Cornfields on the left-flank, the flank had to close at this place in ord[e]r to Cross the Creek within 40 or 50 yards of each other, as soon as I had Cautioned the right flank I rode up in front betwe[e]n the lines to Major Vanhorn[e], in compa[ny] with Wm Stockton the hors[e]men on the flanks was just entering the Creek and myself Major Vanhorn[e] and Wm Stockton was of a breast in front between the THE INVASION OF CANADA 47 lines, and had advanced within 25 or 30 yards of the Indians when we was fired upon, the first fire appeared to be principally directed at us that was a hors[e]back. My Horse and Wm Stock ton's was shot mine wheeled and gave a fierce lunge and pi[t]ched against a horse that had his fore leg broke and pi[t]ched me of[f] in the fall my gun flew out of my hand I raised and looked round for my gun but not Seeing it, and Seeing the Indians rushing out of the Bushes in front and a heavy fire from them at me on the left I ran into the ranks of Capt Barrens Compa[n]y without my gun and requested them to form and fire upon the Indians which they did at the first fire Mr Fowler and Sev[e]ral other[s] was kil(T.]ed, the fire Soon was gen[e]ral on both Sides, and finding ourselves overpow ered and likely to be Surrounded the major or dered a retreat, we retreated in as good order as we possibly could from our situation, halting and firing upon the en[e]my where occation would admit ". Back the troops went to Detroit and across to Sandwich again with their object unaccom plished. Seventeen men had been killed and several wounded. Colonels Cass and McArthur asked permission to take a detachment of troops back and bury the dead; but General Hull pos itively refused to grant their request. VI The Surrender of Detroit The seventh of August, 1812, was a day of bitter disappointment to the army. It marked nothing less than the giving up of all the hopes of a Canadian conquest and an ignominious re treat to Detroit. Lucas, on that day, graphically records the movement as follows: "This morn ing Genl orders issued for the army to draw 5 days provision to have three days cooked and prepare themsel[v]es against the next morning to take the field against the en[e]my. Major Den[n]y was directed to stay in the fort at Gow- ris with 150 Men but by Solicitation Capt Cook of the 4' Regt was allowed to stay with him those that was to Stay in the fort was the Conveles- sent that was not able to take the field, the ex pected attack was on Maldon every Countenance was cheered and their spirits raised with the prospect of having liberty to act in Defence of their Countary, but to the[i]r great supprise and dissatisfaction in the dusk of the evening the Orders for taking the field was Comprimanded THE SURRENDER OF DETROIT 49 and the army was ordered to recross the Detroit River to detroit after night, which was done, or at least as many as Could be Crossed till day light, (and from this time will be recorded the Dastardly evacuation of Sandwich by Gnl Hull Contrary to the general wish of all his troops)" And so, after four weeks of futile delay, with out making one concerted attack upon the ene my, Hull and the army which he boasted would "look down all opposition" crept back under cover of the night across the river to American soil and encamped near the fort behind the town of Detroit. He had crossed the river a month before with a united army loyal to his command and praying only for the opportunity to sweep down upon the enemy with the energy and courage of western ways. He led back to Detroit a sullen and rebellious army, destitute of all respect for its General and ready to support its Colonels in deposing him from the command. He had proclaimed great things; but his procla mation had become the laughing-stock of the British army. He had gained absolutely noth ing; yet he had lost quantities of provisions, weeks of time, and scores of human lives. Most dangerous of all, he had shown to General Brock the fatal weakness of a vacillating temperament. The end of his blunders had not yet come. 50 ROBERT LUCAS In the meantime, down at the River Raisin, Captain Brush with his reinforcements and pro visions was still waiting for an escort. On Sat urday, August 8th, Colonel Miller was sent out with a force of six hundred fifty men to bring him into camp. Near Maguawga they met the Indians and British who had crossed the river to intercept communication. A stubborn battle was fought, resulting in the retreat of the enemy and a decisive victory for Colonel Miller. Great ly encouraged by this good fortune, a despatch was immediately sent to General Hull asking for provisions and support in following up the ad vantage. The General, however, refused; and on the eleventh Lucas, stirred with wrath, recorded these words: "It is stated that Colo Miller is ordered back to Detroit, without accomplish ing the object for which he started, and for which the lives of many valuable men have been lost — !!! My God what proceedings — " The next day he talked with Mr. Beard — the con tractor at Detroit and a friend of General Hull. Convinced from this conversation that the Gen eral was contemplating the surrender of the ar my, he sat down and wrote to his brother-in-law (William Kendall of Portsmouth) a long des pairing letter concerning the condition of the army and its commander.42 THE SURRENDER OF DETROIT 51 The week went by with inaction in the Amer ican camp and a growing feeling of mutiny and rage toward the inefficient General; while with the British force across the river there were signs of the greatest energy and vigor. Exasperated and indignant, Lucas continued each day to give more vent to his feelings. On Thursday the thirteenth he wrote: "The British have taken possession of the Bank opposite Detroit and have commenced erecting a Battery, opposite the town. Lieute Anderson and Dallaby each threw up a Battery on our side one in the old Public Garden and the other Just below the town, — The British is suffered to work at their batterys undisturbed and perhaps will Soon Commence firing upon the Town (Why in the name of God are they not routed before they compleet their Battery) This afternoon Colo Finley with a Detachm[en]t was ordered to prepare to march on a Detachment up the river. They prepared and waited for orders application was made and the Gnl was found asleep he could not be disturbed, therefore the Detachment had to remain in camp till the next day,— -he probably had been taking a little Wine with his friends, which threw him into a deeper repose than Usual, — We also this day heard that a party of Indians from Ma[c]kinaw was coming do[w]n and was seen at Lake St Clair". 52 ROBERT LUCAS Friday passed without preparation in the gar rison at Detroit or attempt to molest the work of the British on the Canadian side. Toward sunset, Colonels McArthur and Cass were sent with three hundred fifty men to the River Raisin to meet Captain Brush. To send these two prominent Colonels out of the camp at this most critical time on an expedition which had been refused them earlier in the week when the dan ger was less imminent appeared to the army as only a step towards the surrender to the enemy. Saturday came with "Everything in confusion as usual" and the British busily engaged fin ishing their batteries. About two o'clock Gen eral Hull awoke from his inaction long enough to give an immediate refusal to a demand for the surrender of the fort; and soon the town was under bombardment. At Spring Well be low the town that night, Captain SneUing ascer tained that the enemy were coming across the river; and when daylight of the sixteenth came, it found troops and artillery busily making a landing on the American side three miles below Detroit. Captain Snelling sent to General Hull for some pieces of artillery; but Hull neglected to send any, and the British landed without molestation and began to march up the river in columns of platoons. Here an effective attack THE SURRENDER OF DETROIT 53 upon the British, and the use of artillery would perhaps still have saved the day. But instead the impotent General commanded the artillery not to fire, and ordered all to retreat into the fort. The head of the British column had now arrived within five hundred yards of the Ameri can lines. General Hull held a consultation with the enemy, and at about eight o'clock surren dered his command.43 Not a stroke of defense had been made, not a shot fired at the oncoming troops ; nor was there even a council called lest the purpose of a tame surrender be defeated. Lucas writes : "In entering into this capitulation the Gnl only consulted his own fealings, not an officer was consulted, not one antisipated a Sur render till they Saw the white flag displayed up on the walls. Even the women was indignant at the Shameful degradation of the Americ[an] character, and all felt as they should have felt but he who held in his hands the reins of au thority." No words can express the bitter disappoint ment of the men when they learned that the en tire army (including the troops of McArthur and Cass, returning through the woods to De troit) had been surrendered as prisoners of war. They had left their homes and struggled for two months on a weary march over wretched 54 ROBERT LUCAS roads and through leagues of swamp and wil derness, braving the constant peril of Indian am bush in the hope of finally serving their country. They had crossed the border and taken posses sion of foreign soil — an army of American pio neers courageous even to recklessness and eager only for an opportunity to engage the enemy. For long weeks they had delayed and waited at the command of their General, hoping always for a chance to strike a blow at the hated British. They had gone without food in days of fatiguing skirmish duty; they had endured loss of sleep in nights of weary watches; they had seen their comrades fall in engagements where proper sup port and reinforcement were refused by their timorous commander. Balked in every patriotic effort, and forced to watch the army of the ene my growing stronger at every dallying step of Hull's tactics, they had endured the final retreat from the foreign shores in the hope of at least a brave defense of their own fortress and soil. And now at last this Sabbath morning in August found their General at bay on his own ground. There remained nothing but a last bold defense against British invasion of Ameri can soil, and hope revived in the garrison. Guns were placed to command the approach, troops were stationed and everything was in preparation THE SURRENDER OF DETROIT 55 for a courageous stand. Just at this moment, when expectancy was on every countenance and the joy of action and the eagerness to retrieve their fallen fortunes in every heart, the white flag of surrender fluttered above the walls. On an instant the hopes that had sustained the men on the long marches and weary watches and per ilous sallies faded away and the pent up feelings of a disappointed army gave way to impotent wrath. Officers in their rage snapped their swords in two across their knees and strong men by the hundreds broke down and cried like children.44 VII The Close of the War With the surrender of the fort a complex prob lem confronted Robert Lucas in connection with his anomalous position in the army. Was he to be considered as an officer of the United States Army? If so, he would be transported to Can ada with the 4th Regiment. Or was he to be classed as a volunteer of the Ohio Militia? In that case he would be sent home to Ohio on parole as a prisoner of war. Lucas was fearful that Hull would consign him to the former al ternative, in spite of the fact that he had person ally taken the responsibility of Lucas's staying with the volunteers when he had received con trary orders as a Captain in the United States Army.45 He finally decided to take the matter into his own hands. "I assertained", writes Lucas in his journal, "that all the U. S troops was to be sent to Que- beck, and being apprehensive that Gnl Hull would wish to have me Sent with them, I thought it pru dent to leave the garrison previous to the British THE CLOSE OF THE WAR 57 taking possession I therefore placed my Sword and uniform clothes in my brother [(]Capt J Lu cas's) Trunk threw my musket and cartridge box against the wall and left the fort, I went down in the town of Detroit and passed in the capaci ty of a citizen, and paid a particular attention to the Proceedings. The British first placed a peace of Artillery in front of Gnl Hulls Door one at each of our Battery and placed guards to command the defiles round the fort previ[o]us to our troops being marched out of the fort. Their order of march into the fort wa[s] the Regulars and those in Uniform in front, the Militia not in Uniform next a Compa[n]y with handkerch[i]ef s round their heads and painted like Indians next and the Indians in the rear Commanded by British officers Dressed and painted like Indians. The Indians was not suffered to go into the fort, I Stood at the corner of the street and Saw them pass me in this order, with indignant feelings, but when our troops was marched out our Coul- ors Struck and the British Coulors hoisted in their Stead, my feelings was affected beyond ex pression, My God who could bare the sight without vowing eternal vengeanc[e] against the perpetrators of Such Diabolical acts, and against the Nation that would employ such Detestable Savage allies, To See our Coulors prostitute to 58 ROBERT LUCAS See and hear the firing from our own battery and the huzzaws of the British troops the yells of the Savages and the Discharge of small arms, as Signals of joy over our disgrace was scenes too horrid to meditate upon with any other view that to seek revenge — " Finally he saw Gen eral Hull "walking linked arms, with a British officer, from the fort to his own hous[e] and appeared to be very pleasingly engaged in conversation with him — " In the afternoon, hearing that the 4th Regi ment and "General Lucas" were to be sent to Que bec, he went down to the river and boarded the Maria of Presque Isle, on which Major Denny's detachment of Ohio Militia was to be transport ed. The ship weighed anchor on the eighteenth and started down the river to Maiden where a short stay was made. Here, in order to escape notice and a possible transfer to Quebec, Lucas kept himself "tolerably close below" where he complains that the "vessel was loaded with furs and the Strength of the Skins and the Bilge water was enough to Suffocate us to Death." The journey to Cleveland was not an alto gether agreeable one, for there were about two hundred thirty men aboard, not more than half of whom could ever lie down at a time. On the twenty-third day of August, Colonel McArthur THE CLOSE OF THE WAR 59 and a number of his men, including Lucas, land ed at a point about twenty-six miles from Cleve land and walked the remaining distance. At Cleveland, Lucas, filling a knapsack with his uniform, his journal, and such other articles as he did not wish to leave, started on foot across the country to Canton. From there he journeyed to Georgetown, and descended the Ohio River by boat to Portsmouth. He arrived at his home about ten o'clock on Friday morning, the fourth of September, 1812. On that day he concluded his journal with this interesting paragraph: I do hope that the Disasterous Surrender of Detroit may terminate in Public good, It has kindeled an un- exampeled flame of Patriotism in the western countary, and it may perhaps be a usefull Caution to our Govern- m[en]t who they entrust with th[e] Command of their armies — for my part I am determined if life is spared, nev[e]r to desert till I have Satisfaction, for the insults giv[e]n us by ou[r] Detestable Enemy the British and the[i]r savage allies. Robert Lucas Portsmouth Ohio 4th Sept[embe]r 1812 Safe arr[i]ved &C.46 Thus ended the unfortunate Hull campaign. Colonel Cass proceeded at once to Washington, D. C, with despatches to the government. His report told the story of the campaign much to the discredit of General Hull; and largely upon this report were based the charges which resulted 60 ROBERT LUCAS in the court martial and final conviction of that officer.47 Moreover an examination of the ofiicial report of Colonel Cass reveals the interesting fact that in making up his account of the cam paign, he had access to the journal of Robert Lucas; and in many cases he embodies in his re- pert sentences and even paragraphs taken direct ly from the daily record of Lucas.48 From this source he obtained his minute and thrilling ac count of the surrender of Detroit, which occurred when Cass and McArthur were in the wilderness miles away from the scene of action. Upon his return to Portsmouth, Robert Lucas found his wife lying very sick. All summer she had been unwell; and on the eighteenth of Octo ber of that year she died, leaving Robert with an infant daughter, Minerva, who was then not more than a year and a half old. The death of his wife, following almost im mediately upon his return from a disastrous mil itary campaign, must have made the winter of 1812-13 a sad one for Lucas. He spent the time acting as recruiting officer under instructions from Colonel Miller of the regular army and at tending to his duties as Brigadier General in the Ohio Militia. On January 2, 1813, he wrote to James Monroe, then acting as Secretary of War, resigning his position as Captain in the 19th THE CLOSE OF THE WAR 61 United States Infantry. He gave as his reasons the necessity of attending to the needs of his brigade in the Ohio Militia, the impossibility of confining himself to the duties of a platoon officer after having so long served as a field officer, and finally the feeling that he was doing his country no service in the capacity of a United States Army officer. He stated, however, his willingness to accept, if the government thought proper to confer it, a position more consistent with his rank in the State Militia; and in March he received and accepted an appointment, dated February 20, 1813, as Lieutenant Colonel in the regular army. This position, however, seems to have brought him even less satisfaction than the former one. Early in April, 1813, he received orders from Duncan McArthur, then a Brigadier General in the regular army, to repair to Chillicothe to su perintend the recruiting of the 26th Regiment of Infantry. At once he proceeded to that place and commenced his duties. Soon afterward he received orders from Washington requiring him to report at St. Louis, where he had been as signed to the command of the Rangers. This was not at all to the liking of Lucas, who had accepted the appointment under the full impres sion that he was to be assigned to duty under 62 ROBERT LUCAS McArthur. So he protested, stating that the Rangers were a class of troops with whom he had never had any connection and of whom he had never had a favorable opinion. He finally resigned from the office of Lieutenant Colonel, as he had previously from that of Captain, the resignation taking effect June 30, 18 13.49 His service in the regular army having ter minated, Lucas turned again to the more con genial duties of Brigadier General in the Ohio Militia. In the meantime, General William Henry Harrison had been placed in command of the Northwestern army, with a large force at his disposal and instructions to resume the con quest of Canada. From a military point of view it was an unwise undertaking; but the desire of the troops for revenge would brook no hesita tion. During the winter General Harrison made an ineffectual attempt to march on Detroit, which ended only in the massacre of one wing of his force at the River Raisin. Reversing his tactics, he assumed the defensive and strove to protect the line of forts stretched across northern Ohio against the approach of Proctor and the hordes of Indian allies. This attack from Proctor as sumed threatening aspects in July, when he sailed from Lake Erie up the Sandusky River and made preparations to take Fort Stephenson. THE CLOSE OF THE WAR 63 On July 24, 1813, Lucas was ordered to have his troops ready to march at once and take the field with Harrison. He paid three dollars to the express who brought him the message, and at once set about making preparations for the march. The first week in August found him in camp with the Northwestern Army at San dusky; but he had arrived too late to do more than appreciate the glory of the gallant defense of Fort Stephenson by Major Croghan on Aug ust 2d. Here he remained for some weeks per forming the routine duties of military life at Camp Ohio.50 The enthusiasm for the campaign was very great at this time, and volunteers came pouring in from all parts of the State. General Harri son, however, did not feel the need of so large an army as had gathered at Sandusky; and so, relying on his regular forces, he decided to dis miss the volunteer troops. This aroused a great deal of dissatisfaction among the Ohio volun teers, who considered it a reflection on their abilities and a lack of appreciation of the prompt ness with which they had responded to his call. On the 29th of August, 1813, a meeting of the general and staff officers of the Ohio Militia at Upper Sandusky was held. At this meeting a committee was appointed, consisting of Briga- 64 ROBERT LUCAS dier General Lucas, Brigadier Quarter Master Ezra Osborn, and William Key Bond, Judge Advocate of the Army of Militia. They were requested to draw up resolutions to be reported to a general meeting of the commissioned and staff officers at noon of the following day. On the next day at the appointed time, the meeting was held near the center of the camp. Brigadier General James Manary was chosen President, and Ezra Osborn was made Secretary. General Lucas, on behalf of the committee, made a long report in the form of a preamble and five resolutions. The preamble constituted the great er part of the instrument and discussed at length the urgent call for volunteers by General Har rison to Governor Meigs on July 2 2d, his re peated letters to the Governor urging haste in their assembling, and his final rejection of their services. The resolutions which followed en dorsed and commended Governor Meigs for his services. Referring to General Harrison, how ever, it was resolved ' ' That the conduct of his Excellency, the Commander in Chief (Wm. H,] Harrison) of the Northwestern Army, is on this occasion shrouded in mystery and to us per fectly inexplicable." The report was adopted, signed by the leading officers, and ordered printed in the Franklinton and Chillicothe newspapers.51 THE CLOSE OF THE WAR 65 A copy of the United States pay roll of Ohio soldiers, in the office of the Adjutant General of the State of Ohio, shows that the service of Lucas in the campaign of 1813 ended September 9th. He returned to his home at Portsmouth without further participation in the actual combat. Lucas had enemies many and bitter. But none were more implacable or unceasing in their hos tility than Elijah Glover, the county Sheriff who had arrested him in the year 1810. In 1814 Glover was arrested on grounds furnished by two letters of a treasonable nature written over his signature. He immediately accused Lucas of the authorship of the letters and charged him with forgery. A military court of enquiry, called at the request of General Lucas, sat upon the case, investigated the charge, and unanimously acquitted Lucas of any connection with or know ledge of the matter. The incident, however, was made use of by his political opponents in after years to defeat him for office. In 1830 when Lucas was a candidate for Governor of the State of Ohio the charge made by Glover sixteen years before, was resur rected and circulated against him. In answer to a letter of inquiry from one of his constituents, Lucas wrote the following detailed account of the court of enquiry of 1814: 66 ROBERT LUCAS Friendly Grove Pike County Ohio52 August 2d 1830 Dear Sir Your very friendly letter of the 24th ult was re- c[ei]ved by last mail; for the information ther[e]in con tained I tender you, together with your broth[er] David Robb Esqr my Sincere thanks, — That the Toung of Slander Should be let loos[e] upon me, and the pen of Cal umny wielded aga[in]st me by the aristocratic coalition upon my nomin[a]tion being annou[nce]d [?] by the Dem ocratic Republicans as a Candidate for Gov[e]rn[or] is nothing more than I expected — The reports you allude to are base fabrications as th[e]re wer[e] nev[e]r any officers tried on my charges, or letters written by me, neither were therfe] any officers agai[ns]t whom I had an antipathy — The Circumstances out of which the re port m[u]st have arisen are the following — Sometime in the year 1814 — a letter Postmarked at Portsmouth and Directed to Major W H Puthuf[f] enclosing one Di rected to Mr M'Gregor Caneday, both Signed E Glover, has as app[ear]ed by the post marks been forw[a]rded to Detroit, and retur[ne]d to Major Puthuff who receiv- [e]d th[e]m at Chillicothe — Major Puthuff on examining the letters, Caused Glover who was then acting as Sheriff of Scioto Co[u]nty, to be ar[r]ested and take[n] to Chillicothe, on an exami[na]tio[n] before Judge Thompson, he deni[e]d being the writer of the letters, and being a most violent Personal and political enemy of mine, asse[r]ted me to be the author — his assertio[n] oaus[ed] considera[b]l[e] ex[c]item[en]t, so that I consid- e[re]d it due to myself and friends to have a public in vestigation] of the charge and requested of Major Genl Denny und[e]r whose Command I held the office of THE CLOSE OF THE WAR 67 Brigadi[e]r Gnl to detail a Court of Enquiry to inq[u]ir[e] into the grounds of the report as well as into my g[e]n- [e]ral chara[c]t[e]r and conduct as an officer and Citizen My req[u]est was granted and a Co[u]rt of Enqu[i]ry Conven[e]d at Chillico[t]he on the 29th of July 1814 and lasted to the 7* [?] of September. Glover was subp[oen]ed and att[end]ed the Co[u]rt as my accusfer] at my request The Co[u]rt admit[t]ed him as a witness and grant[e]d him the most extrem[e] range to introd[uc]e testim[on]y that might be prejudici[a]l to my chara[c]ter — The opinion of the Court with regard to the letters is as foll[ow]s viz — "The Court Unani mously agree on the following opinion viz — After ma ture deliberation the Court are of opinion that no evi dence has been presented which proves General Robert Lucas to be the author or writer of the two letters Signed E Glover the one directed to Wm H. Puthuff enclosing one directed to Mr Mag[r]egor Caneda nor that he was knowing thereto — " The Major Genl forward[ed] to me a Co[p]y of the opinion of the Cou[r]t, with his approval ther[e]of in the following letter which will show in what light he viewed me as an officer — ^ „. Circlevill[e] October 7th 1314 Dear Sir Pardon me for the neglect of not Sending you before this time, a Copy of the opinion of the Court of Enquiry on the testimony recorded by the Court of those things which you have caused to be inquired of — I now enclose it — I have received your Rank roll, and your return of the Strength of your Brigade, I do assure you that it gives me a sinsere pleasure, to acknowledge the Merit of officers who deserve it — You sure [?] will not Suspect 68 ROBERT LUCAS me of flattery when I acknowledge that you have in ev[e]ry instance complyed with my order[s] and that in due time Please to ac[c]ept my sinc[er]e respect &c Genl Robert Lucas — (Copy-) James Denny. Genl McLene now Secretary of State, was recorder of the Court of Enquiry He will recelle[c]t al[l] the cir- c[u]mstanc[es] and I pr[e]s[u]m[e] he would give a stat[e- me]nt if it should be thought ne[ce]ssary of [?] the ch[a]rges atte[m]pt[e]d to be exhib[i]ted ag[ai]nst me, — I carried a Suit ag[ai]nst Glover in Scioto Co[u]nty on that and an other Case of Slander they were both tried before Judge McLene — Should any further Charges be made, and it should be thought nec[e]ssa[r]y to have Judge McLen[e]'s opinion[?], I pre[su]me he would be willi[n]g to do me Justice, his statem[en]t would clear me from any imputatio[n], — with Sinc[ere] resp[ec]ts I am your Obt Svt Robert Lucas Joshua Robb Esqr (Confidential) The court consisted of Colonel John McDon ald, President; Jeremiah McLene, Recorder; and Colonel Clark, Major Kilgore, and possibly others as members. During the course of the trial Glover was allowed to bring in evidence of a personal nature. Aside from the charge of forgery, he brought before the court the story of Lucas's resistance of arrest in 1810 and also accused him of misconduct in the Hull campaign in the War of 1812. Lucas admitted that he had been imprudent in his resistance of arrest THE CLOSE OF THE WAR 69 while under the influences of passion, but stoutly defended his conduct as an officer in the service of his country. The result of the court of en quiry was a complete justification of General Lucas; and in the latter part of the same year (1814) the people of his senatorial district showed their appreciation of his public services by sending him to the State Senate to succeed Lewis Summers. VIII State Senator Many varying events had come into the life of Robert Lucas since he left his seat in the House of Representatives in 1809. Five years had passed, and he was again elected to sit among the Solons of his State — this time in the Senate. During the session of 1814-1815 we find him representing in that body the counties of Gallia and Scioto. His chief interest in the proceed ings seems to have been centered in militia leg islation, being appointed chairman of a commit tee to act jointly with a committee from the House in regard to militia laws. Affairs of this nature, together with matters of a local concern — such as reporting a bill for the incorporation of the town of Portsmouth, and presenting a peti tion from the citizens of Scioto County for an appropriation to open a road — constituted his share in legislation.53 He was reelected in 1816 and, indeed, continued to succeed himself every two years until 1822. Nor was his military en thusiasm without its reward; for in February STATE SENATOR 71 1816, the Senate and House in joint session elected him Major-General of the 2d Division of the Ohio Militia.54 On the 7th of March, 1816, he married Miss Friendly Ashley Sumner, a daughter of Edward Sumner. About this time, or shortly after, he moved north into Pike County (then newly or ganized) and settled in the town of Piketon, which, for over a score of years, was to be his home. Ninety years have passed by; and yet the little village of Piketon, with the hills on one side and the Scioto River on the other, has not grown a great deal. In all probability it has not changed materially from the village which claimed Rob ert Lucas as its most prominent citizen. The present postmaster is a grandson of Robert's brother, Joseph Lucas ; and there still tread the gravel paths of Piketon, men and women who remember the tall straight figure and stern face of the Governor and the delicious currant pies of his wife Friendly. When Lucas first made this place his home he was thirty -five years of age — in the prime of his young manhood with the best years of his life before him. He lived in a house that still stands on the main street of the town. In the front part of this house he opened the first general store in Piketon, in partnership, it is said, with 72 ROBERT LUCAS his brother-in-law, William Kendall. They seem to have carried a stock of from four to five hundred dollars worth of goods, including every thing from shoe-strings to molasses. For those days this was a large store, and it held a promi nent place in the town's early life.55 Here this merchant legislator lived his simple life while years tempered his disposition and responsibility brought him calmer wisdom. In the election of 1818 he received three hundred forty-five votes in Scioto County, while his op ponents polled but seventy and twenty-five re spectively. In the session that followed he was chosen Speaker of the Senate. The General Assembly of 1818-1819 took up the matter of judicial circuits, created two new circuits of the Courts of Common Pleas, and appointed presi dent judges for them. This legislation seems to have involved Lucas in some difficulty. The sub ject was assigned to a joint committee appointed by the Speakers of the two houses ; and as Speak er of the Senate, Lucas appointed Daniel Ma deira and William R. Cole to represent the Senate upon the committee. Charles Hammond, who represented the coun ties of Belmont and Monroe in the House, took occasion, in an address to the citizens of Ohio, to attack Speaker Lucas in particular for the STATE SENATOR 73 appointment of Mr. Madeira — a tavern keeper of Chillicothe, who was, as Hammond claimed, "from his associations and situation" as little qualified for the position as any member of the Senate. This, together with further aspersive remarks, greatly aroused the ire of Lucas and in April, 1819, he wrote out a lengthy answer to Hammond and sent it to the Ohio Monitor at Columbus for publication, under the signature of "Plain Truth". His defense of Madeira is interesting, especially in connection with the positive stand which he took against intemper ance in his later life. "Does Mr. Hammond . . . . . ", he asks, " wish it to be believed, that no member but one of his own profession, ought to be appointed on the committee ? Does he con sider an intelligent and respectable tavern keep er of Chillicothe to be included in a class of citizens that ought to be deprived of equal privi leges ? or does he wish to class such men in that degree of humility, that he must have consider ed the people of Ohio in, when he on a former occasion called them a 'Swinish Multitude' and consequently not capable of knowing their own interests or that of the public ? Whatever may be. Mr. Hammond's views of equality; and the dignity of certain persons or professions, I pre sume that the people of Ohio will never submit 74 ROBERT LUCAS to invidious distinctions between professions, avocations callings, or other situations in life, but that the principle enquiry into the conduct of their public offices, will be, whether they pos sess Political honesty, capability, and have faith fully discharged their duty". During this session, the two houses met joint ly to elect a United States Senator to succeed Jeremiah Morrow. The records show that Rob ert Lucas received votes on the first three bal lots; but the fourth ballot resulted in the election of William A. Trimble, who, as a Major in Col onel McArthur' s Regiment six years before, had tramped with Lucas through the mud and the swamps of northern Ohio and laid down his arms at the surrender of Detroit. After the War of 1812 the country had settled down to more peaceful ways, and the influences of law and order and civilization were making themselves felt in the community. Time had wrought great change in Robert Lucas. Out of the depths of his nature was being forged that rugged earnestness that made his later life so powerful for good. His character had never lacked strength; it had simply lacked direction. Now, with a more mature view of life and a saner conception of its duties, higher ideals ap pealed more strongly to him. STATE SENATOR 75 The year 1819 seems to have been a marked one in this respect; for in July he united with the Methodist Church at Piketon, and through out the remainder of his life was a prominent worker in the cause of that denomination. View ed in the light of his subsequent career, the gen uineness of his religious convictions can not be questioned. Lucas was always intense. He was as intense in his religion as he was in political activities or military matters. And both at this time and later in his life this intensity found ex pression in verse. There has been preserved in his own handwriting a hymn of seven stanzas written a short time before he joined the church and entitled, "Robert Lucas's Constant Prayer."56 The first, third, sixth, and seventh stanzas read: Oh Lord my soul from sin relieve, And from a mind extremely blind, Oh that the truth I could believe With all my heart, and soul, and mind. Oh that through faith, I could behold, My Lord, and Savior, on the tree, And realize, that he was sold, Scourged, crucified, and bled for me. Prepare me Lord, to meet the day, When death's appointed time is come, And with a faithful heart to say, Oh Lord, thy gracious will be done. 76 ROBERT LUCAS And when the vale of death is past, May I, with saints, unite above, Where songs of praises, ever last, In sounding, Christ's redeeming love. Another religious poem of thirty-two stanzas which is extant bears this heading: "A revery of the mind while riding alone, in Pike County, Ohio, in July 1819, the afternoon of the day I joined the church." Poems and verse of this nature, of which over one hundred manuscript pages have been preserved, illustrate a phase of Lucas's life that is not generally considered and which deepened constantly as he grew older. That the respect of the community was his is shown by his frequent reelection in Ohio to the office of State Senator. In 1820 Thomas Hersey appeared as a candidate against him. This Thomas Hersey was a physician, a minister and a new comer in the State, and his immediate entrance into the political field aroused no little interest among the voters. Campaign arguments of various kinds were used against Lucas, but -the one that perhaps did him the most injury in the remote parts of the district was the report — to quote from a letter from one of his constitu ents at Portsmouth — "that you voted to give Mr Wilson four hundred Dollars for preaching a sermon after the success of Gen1 Jackson at STATE SENATOR 77 New Orleans." Hersey, however, withdrew from the race in September, having learned that his residence in the State had not been long enough to make him eligible. Thereupon Lucas was reelected without opposition. In the same year he was chosen as a presidential elector and cast his vote for James Monroe. On the 12th of December, 1821, United States Senator William A. Trimble died; and in the Jan uary following, the two houses of the State leg islature met in joint convention to elect his suc cessor. Lucas received votes on the first ballot; but the contest soon narrowed down to Ethan Allen Brown (at that time Governor of the State) and his predecessor in that office, Thomas Worthington. On the ninth ballot Brown was elected and immediately resigned the office of Governor to accept the duties of United States Senator. The fact is significant of the compar ative regard in which the two positions were held. The salary of the Governor of the State at this time was $1000. In the fall election of 1822 William Kendall, the brother-in-law and political rival of Robert Lu- cas,was elected to represent Pike, Scioto and Law rence counties in the State Senate. Thereafter Lucas for two years devoted his time and atten tion to his private affairs. It was during this in- 78 ROBERT LUCAS termission that he built himself a house which was among the finest in all southern Ohio. To this old time mansion years have brought some what of change; but it still stands on the Jack son road two miles east of Piketon. It was a large, two-story brick house with a hall in the center and sitting-room and parlor opening on either side of the hall. Each room, upstairs and down, was provided with a fireplace. Over the front door was placed a stone on which were cut the following words: "Virtue Liberty and Inde pendence". Beneath the word "Liberty" ap peared a five-pointed star; while below the motto were carved name and date: "R. Lucas, 1824." Located on a farm of four hundred thirty-seven acres, surrounded with large trees and with sweet brier and eglantine growing in profusion about the place and over the walls, it was indeed a home of wonderful attractiveness.57 The grove about the house was the distinctive feature of the farm; and so, in honor of his wife, Lucas named his new home "Friendly Grove". Here the Lucas family lived for fifteen years and here Robert Lucas and his hospitable wife enter tained in great state. Political friends came to discuss weighty matters of public concern and to laugh at the quick-witted sallies of Mrs. Lucas. Methodist circuit riders stopped here in their STATE SENATOR 79 unending round of pioneer preaching and found spiritual improvement in religious conversation with the serious minded legislator — while they incidentally nourished their gaunt frames upon the ample and delectable meals outspread by their hostess. And not least eagerly came the nephews and nieces from Piketon and the neigh borhood to spend a week or so amid the charms of Friendly Grove. Here they lived in constant happiness on the cakes and smiles of Aunt Friendly, and looked with awe upon the stern figure of the master of the house as he returned from his legislative duties, silent and intent upon matters of importance in the councils of the State. Aunt Friendly Lucas was a large woman. Not a great deal over five feet in height, she weighed perhaps two hundred pounds. She had a florid complexion and an ever ready tongue, an un quenchable fund of spirits and vigor, and a wide spread reputation as a cook; and she was a gen eral favorite, particularly with those to whom these and her many other virtuous qualities ap pealed. One of her pastimes was horseback riding. Indeed, it was a common sight to see her galloping over the rough country roads of early Ohio on her coal black horse "Nig", or, with a big basket swung from the pommel of 80 ROBERT LUCAS her saddle, riding over the stretch of hills that lay between Friendly Grove and Piketon on her way to do the shopping for the family.58 In the winter of the year that saw the comple tion of his new home Lucas was returned to his seat in the Ohio Senate, receiving a large ma jority in each of the three counties of the dis trict. Two bills deserve special attention in this session. One was passed on February 4, 1825, and provided for a board of canal commissioners to construct the Ohio Canal from Portsmouth to Cleveland, and that part of the Miami Canal lo cated between Cincinnati and Dayton. The same act provided for another board to raise loans for the canal; and on the 4th of July, 1825, the work of construction was begun near Newark, Gover nor De Witt Clinton of New York throwing the first shovelful of dirt. The second bill was one passed on the next day (February 5th), and was the first act establishing a uniform system of free schools for the State of Ohio. Both of these subjects were near to the heart of Robert Lucas. The support of the public schools es pecially enlisted his sympathy; and throughout his life he never lost an opportunity of advanc ing their cause. The subject of canals had for him a local as well as a general interest. Con sidering the fact that the projected Ohio Canal STATE SENATOR 81 was to run along the Scioto River through Pike County and connect his former town of Ports mouth with Lake Erie, he could hardly be other wise than enthusiastic in its support. He was, moreover, one of the most prominent advocates of general canal legislation and other policies of internal improvement in the State. He was chairman of the joint canal committee that pre pared and drafted the bill authorizing the con struction of the Ohio Canal, and for years he continued to hold this position on the committee. But this canal business brought him woes as well as weal. During the campaign of 1828 (as we shall see in the next chapter) his conduct in re gard to canal matters in the Senate was severely criticized by his opponents; and to this day cit izens of Piketon aver that the reason the Ohio Canal does not run down the Piketon, or eastern side of the river, is that Robert Lucas owned lands at Jaspar on the west side, and secured the placing of the canal so as to benefit his lands in that region. IX A Jacksonian Democrat Ever since the battle of New Orleans in 1815, Robert Lucas had been an ardent admirer of An drew Jackson, whom he resembled in many ways. The same intense spirit and tenacity of purpose dominated both men. They were cast in the same rugged pioneer mould; and one can see in the portraits of the man from Ohio, a marked resemblance to the strong stern features of his Tenneseean chief. Long before the Democratic mantle of Jefferson had fallen upon the shoulders of Jackson, Lucas had become a devoted follow er of Old Hickory. Indeed the political princi ples of Andrew Jackson were the most firmly fixed tenets in the political philosophy of Rob ert Lucas. The decade from 1820 to 1830 is conspicuous for the rise in political influence of the western States. It is a fact that prior to 1824 no State outside of the original thirteen had brought for ward a candidate for the Presidency. But Ken tucky and Tennessee, with their favorite sons, A JACKSONIAN DEMOCRAT 83 and Ohio, with her rapidly increasing population and her many young men of promise, were mak ing the West a factor which could not safely be overlooked in the planning of political cam paigns. In a way the struggle of Jackson for the Presidency of the United States was the struggle of the West for recognition. Both Clay and Jackson were leaders of this movement; but Jackson had an advantage over Clay in two par ticulars. First, the tenets of Democracy flour ished more naturally in the western frontier States; and secondly, Jackson with his vigorous and successful military career had a distinct ad vantage over Clay whose nearest approach to a military campaign was to assist in the negotiation of a treaty of peace in 1814 which settled none of the points for which the war had been fought. In 1822 the legislature of Tennessee placed Andrew Jackson in nomination as a candidate for President of the United States; and in the following year he was sent to represent his State in the United States Senate. Jackson's friends in Ohio took up the campaign with vigor. In September, 1824, Caleb Atwater (Ohio's first historian) wrote to Robert Lucas from Circle ville: "we are doing well and our ticket will carry in Ohio beyond a doubt. In Fairfield, Hocking, Perry, and Pickaway we shall have a majority 84 ROBERT LUCAS over Adams and Clay both. Who is for Jack son, in Scioto, Lawrence, Gallia & Meigs coun ties? I wish to know who to write to, there."59 His hopes and predictions, however, were not realized, for Ohio cast its entire electoral vote for Henry Clay. This "Scrub Race for the Presidency" in 1824 which finally resulted in the election of John Quincy Adams by the House of Representatives accomplished two things. It gave rise to the charge (repeatedly disproved) against Clay and Adams of a "corrupt bargain" and operated to ward their defeat four years later. It placed Jackson, who had received a plurality of the popular votes, of the electoral votes, and of the votes of the States, in the position, in the eyes of a great mass of the people, of a man publicly wronged. The new administration had not been in operation eight months before the legislature of Tennessee (with but three dissentient votes) nominated Andrew Jackson as a candidate for the Presidency of the United States in the elec tion of 1828, then three years away. In May of the following year (1826) a large public meeting in Philadelphia endorsed the nomination, and throughout the States the Democrats made early preparations for the contest. In July of 1826 Caleb Atwater, fresh from A JACKSONIAN DEMOCRAT 85 interviews with General Duff Green, Colonel Thomas H. Benton, and other friends of Old Hickory, wrote enthusiastically to Robert Lucas of the prospects of Andrew Jackson. "All is going well," he wrote, "Jackson will receive 200 votes or upwards, out of 261, at the next election beyond a doubt .... All is well and Mr. Adams himself is in despair. All is misery, re morse, shame, fear and despair at Washington, among the coalition people. Cards, dice, back gammon, chess and billiards are resorted to, for the purpose of keeping off the disagreeable ideas, which crowd into their minds .... It is time to form our line and beat up the long roll. Those who are not for us are against us. ' ' Ohio was considered as a doubtful State by both parties, and the struggle was an earnest one. It resulted in a curious and not altogether creditable piece of legislation in the United States Congress. The idea occurred to both parties that a liberal grant of land to Ohio for the benefit of the canals then in process of con struction in that State would prove helpful to their cause in the election. Both parties acted almost simultaneously in the matter; but the Jackson members of the Ohio delegation suc ceeded in bringing their bill in first and secured for it first consideration by the committee. By 86 ROBERT LUCAS some unaccountable means, however, the bill of the opposing party was transferred above the other bill on the calendar and successfully passed the House. The passage of a second bill for the same purpose was of course out of the ques tion; but the Jackson men hurried over to the Senate and secured the passage of their bill as an amendment to the bill of their opponents. In this form the bill became law. Thus Ohio received a double grant of the public funds sim ply because the opposing parties were willing to sell their legislative prerogative for the use of their respective candidates.60 In the State of Ohio the friends of Jackson were toiling assiduously for the Democratic cause. Corresponding Jackson committees were organized throughout the entire State for the purpose of communicating with members of the party in all sections and stirring up enthusiasm. As the Democratic Senator from Scioto, Pike, and Lawrence counties, and as a warm admirer of the candidate, Robert Lucas was in the fore front of the strife. Early in 1827 he received a letter from Elijah Hay ward, of the Jackson committee at Cincinnati, inquiring about the progress of the campaign in Lucas's Congression al district and asking for the names of "eight or ten of the most frm, active and influential J ack- A JACKSONIAN DEMOCRAT 87 sonians" together with a list of all the Jackson postmasters in the district. Thus the corre spondence committees worked, reaching out into every county in the State and drawing the Jack- sonians together into a united force. The year 1827 wore away and the busy presi dential year came in, with the politicians on both sides straining every nerve to accomplish victory for their respective parties. In July of 1828 Lucas wrote to John Davidson of Lawrence County: " Will you be so good as to inform me how the parties stand in Lawrence County as to the Presidential election, in this County there are at least ^ for the Republican Candidate, A. Jackson. I have just returned from Jackson Count[y] and I believ[e] there is at least f$ in that County for the old patriot ". Meanwhile Robert Lucas was himself a candi date for the Senate of the State of Ohio; and the local campaign was no less strenuous than the presidential. The opposing candidate for State Senatorship was his brother-in-law, Gen eral William Kendall. At the same time Lucas was a candidate for presidential elector on the Jackson ticket, while Kendall was a candidate for the same office on the Adams ticket. The discussion in the local campaign seems to have centered about matters relative to the Ohio 88 ROBERT LUCAS Canal, then under construction.61 The contro versy over the route of this canal was a compli cated one and the part that Lucas took in the negotiations is not easily ascertained. The con struction of the canal, begun so enthusiastically in 1825, progressed rapidly. The details of the route were left in the hands of the Canal Com missioners — and here the trouble originated. It seems to have been the universal understanding in the years 1825 and 1826 that the canal was to cross the Scioto River at Chillicothe, proceed down the west side to a point opposite or slightly above Piketon, and there recross and connect Piketon and Portsmouth on the east side. With this understanding the land between Piketon and Portsmouth was valued at canal rates and taxes assessed proportionately. When the canal was under discussion in the legislative session of 1825-1826 Mr. Hale, of Clinton County, introduced in the Senate a res olution to instruct the Canal Commissioners to enquire into the possibility of uniting the canal from Cleveland with the Miami and Dayton Canal, and in the meantime to suspend all pro ceedings on the canal in the Scioto Valley. This menace to the interests of the Scioto Valley re quired immediate action. A council of the mem bers of both houses who represented that sec- A JACKSONIAN DEMOCRAT 89 tion was at once called. In this council it was decided to offer a resolution instructing the Canal Commissioners to make the permanent location of the southern section of the canal; and since the matter of crossing the river was considered settled it was thought best to require in the res olution the building of a dam. No definite pro vision, however, was made for the recrossing of the river. As the most experienced member of the council, Lucas was requested to offer the res olution. He did so and it was passed by both houses. But this resolution was destined to make trouble for him. In January of 1827 the people. east of the Scioto began to be alarmed for fear the Canal Commissioners intended to continue the canal down the west side instead of recrossing at Pike ton. In view of the increase in their taxes be cause of the canal, this was truly alarming. On January 22, 1827, John R. Turner, of Ports mouth, wrote to Lucas asking for information regarding the reports concerning the commis sion. Their fears were realized, for the Canal Commissioners fixed the route on the west side, without again crossing the river. In the cam paign of 1828 the resolution which Lucas had introduced into the Senate was used against him with great effect. They forgot that it perhaps 90 ROBERT LUCAS was the only thing that had saved the southern section of the canal from being abandoned alto gether and the Cleveland section connected with the Miami instead of the Scioto valley. They remembered only that the resolution had con tained no specific provision for the recrossing of the river at Piketon. In the Western Times of Portsmouth for Sep tember 20, 1828, a communication signed "Rural Swain" bitterly arraigned Lucas for his conduct in connection with canal matters. In answer to his attack, Theo. H. Burrows, a Portsmouth friend of Lucas, took up the cudgel in his behalf under the pen name of "Henry". In the Times for October 4 and October 11 he published a strong defense of Lucas and called into question the attitude of his opponent, William Kendall, on these same canal difficulties. Just how much Lucas had to do with the change of the route to the opposite side of the river is difficult to ascer tain. The fixing of the route was a matter to be settled by the Commissioners and not the legislators; and the evidence at hand does not support the charge that Lucas had anything to do with it. Moreover, the evidence does show that after the Canal Commissioners had made their decision, in July, 1828, in favor of the west side, Lucas voiced the sentiments of the people A JACKSONIAN DEMOCRAT 91 of Piketon and the east side in a strong protest against the action, and a plea for justice to the town of Piketon which would suffer so grievous ly by the change of location.62 Aside from matters connected with the Ohio Canal, the campaign against Lucas was carried out largely on personal lines. His enemies re vived and published in the newspapers of the day sensational accounts of his arrest eighteen years before at Portsmouth. A man signing himself "Old Mockasin" reproduced in the col umns of the Western Times the letter which Lu cas wrote to Captain Lindsay while confined in the county jail; and accompanied it with various uncomplimentary remarks. A week later the same paper published a communication from his ancient enemy, Elijah Glover, in which, after re counting the details of the arrest, he proceeded to renew his charges of forgery made against Lucas in 1814, and of perjury in connection with the Court of Enquiry which sat upon his case and acquitted him of the charge. With these preliminaries the contest went to the polls. The result was the election of Wil liam Kendall as State Senator. The defeat of Lucas must not, however, be laid necessarily to personal grounds, since the entire Federal ticket for the district was elected. The State as a •92 ROBERT LUCAS whole, on the other hand, went Democratic as far as national politics were concerned, and Lu cas was chosen as a presidential elector. So that while Kendall was sent to the State Senate, Lu cas had the pleasure and satisfation of casting his presidential vote as elector for his beloved chief, Andrew Jackson.63 Kendall's service in the Senate was short. On July 18, 1829, he resigned his seat, thus neces sitating the election of his successor in the mid dle of a term. The same four counties of Pike, Scioto, Lawrence, and Jackson made up the dis trict; and of course the same Federalist majority existed which had elected Kendall the previous year. That party, however, made a fatal blun der. Two candidates, David Mitchell and Giles S. B. Hempstead (both Federalists) announced themselves, and neither would withdraw in favor of the other. Thus matters stood when the Democrats of the district began to wake up to the possibilities of the campaign. On September 17, 1829, a letter was written to Robert Lucas, signed by a score of prominent men of Jackson County, ask ing him — if not inconvenient to his private con cerns — to allow them to use his name as a can didate. Lucas replied, stating that it had al ways been his belief that the promotion of the A JACKSONIAN DEMOCRAT 93 public good should be the ruling principle with every good Republican and that private interest should never be permitted to control a man's political actions. Feeling that the people had a right to command the services of any man when in their opinion his services were useful to the public, he acceded to their request and appeared as a candidate to succeed his brother-in-law. The outcome is not difficult to guess. The final vote stood: Lucas, 1078; Mitchell, 880; Hemp stead, 441. It is apparent that, had the Feder alists combined on one man, Lucas would have been again defeated.64 When the Senate convened on the 7th of De cember, 1829, Robert Lucas was chosen Speaker without opposition. It was to be his last year in the State Senate; and among his colleagues for this session were Duncan McArthur, who in the following summer was to be his opponent in the gubernatorial race, and Darius Lyman, whom he was to defeat in the same contest two years later. For term after term Lucas had been re elected to the State Senate; twice he had been chosen presidential elector; and twice he had been considered as a candidate for the United States Senate. A story told of him — perhaps true and per haps untrue — illustrates his hold upon his own 94 ROBERT LUCAS district. In one of the campaigns for the State Senate, his enemies (and he had many) feeling that it was impossible to defeat General Lucas, invented a plan to humiliate him. There was in the district at that time a Pennsylvania Dutch man named Delawder, illiterate and in no way qualified for a position of public trust. The enemies of the General, with flattery and cajol ing, persuaded him to become a candidate for the position; and he with proud seriousness played his comic part in the campaign. Natur ally he received few if any votes. Being rallied upon his defeat he explained that "he was mak ing a pooty good race, when that tarn big Gener al Lucas came along riding on his horse and all the tarn fools voted for him."65 State Politics The activity of Lucas in support of Andrew Jackson in the late twenties, together with his long and faithful career in the halls of the Gen- eneral Assembly had brought him, in 1830, to a place of distinct prominence in the Democratic politics of the State of Ohio. The leaders of the Democratic Republican party in his Con gressional district were making plans, during the winter of 1829-1830, to run Lucas as a candidate against Samuel Vinton for the seat in the House of Representatives; but these plans were with drawn when it was learned that the Jacksonian leaders of the State were contemplating his can didacy for the Governorship.66 During this winter, also, it was decided to arrange for a State nominating convention. This was an in novation and was opposed at first by several of the leaders of the party; and even as late in the campaign as September the Ohio State Bulletin, a Democratic organ, felt it necessary to publish in an editorial an extended defense of the system 96 ROBERT LUCAS of conventions for the nomination of candidates. The movement, however, gained strength during the spring of 1830, and the convention which finally met on the 12th of July was a success in both numbers and enthusiasm. The meeting was held in the German Lutheran Church at Columbus, and about two-thirds of the counties were represented. There was little doubt as to who the candidate should be. Judge Campbell was favored by some; but he declined. And so Lucas received the unanimous nomination of the convention as the Democratic Republican candi date for the Governorship of Ohio.67 While the convention was in session in Col umbus, Henry Clay was also in the city. In January, 1830, he had made a trip to New Or leans and the Mississippi River towns; and dur ing the summer toured the State of Ohio. At Columbus the National Republicans of the State gathered about him — Charles Hammond, of the Cincinnati Gazette, Jacob Burnet, John C. Wright, Philip Doddridge, Thomas Ewing, and many others.68 Indeed, it seems to have been a time of vigorous rallying for both parties. At this time the candidate of the National Republicans had not been announced. The Co alition Party — as the followers of Adams and Clay were frequently termed — was opposed to STATE POLITICS 97 the plan of conventions and followed the old method of announcement through the newspa pers. After this manner the nomination of the Coalition forces seems finally to have fallen up on that canny Scot and old-time comrade of Robert Lucas, namely, Duncan McArthur. For more than a score of years the two men had been the closest of friends. They had eaten, slept, and fought together; and in his journal of the Hull campaign Lucas wrote: "Never was there a braver or better hearted man than Colo McArthur."69 The careers of the two opposing candidates for Governor had been very similar. Each had come out to the Northwest Territory as pioneers before the State of Ohio was formed. Each had risen in the Ohio Militia to the rank of Major General, fought in the War of 1812, and joined the regular army; and each had served fourteen years in the General Assembly of the State of Ohio. In addition General McArthur had been twice elected from an Ohio district to a seat in the United States Congress. McAr thur was an older man than Lucas by about nine years and in this way had somewhat of an ad vantage. He had come to the Northwest before Lucas; he had been Lucas's superior officer in the War of 1812, and had won marked distinc- 98 ROBERT LUCAS tion both under General Hull and later under General Harrison. In 1818 he had broken with the Democratic party on the issue of the United States Bank, which he favored. He was a man of note throughout the State and an exceedingly strong opponent.70 The campaign progressed with enthusiasm through the summer and fall. In August, Thomas L. Hamer (who in later years secured for Lucas the Governorship of Iowa) wrote to him: "You must '¦'keep a stiff upper lip,' — until the election is over. I have very little doubt that you will be elected." He also said, referring to Henry Clay's tour through the State : " It has injured him more, in my estimation, with the great body of the People, than any other move ment he has made since his retirement." Strong men were behind the candidacy of Lucas. Men like Judge John McLean, of the United States Supreme Court, Judge Elijah Hayward, Dr. John Hamm, Judge Campbell, and many others were using every effort to bring about his elec tion. The campaign was not without vituperation and personal attack; and the system of "Coffin Hand Bills " used against Jackson had not been forgotten as an instrument of political warfare. The leader of the attacks upon Lucas by the STATE POLITICS 99 Coalition party was Charles Hammond. In his Cincinnati Gazette of July 27, 1830, an article appeared making pointed inquiries regarding the charge of forgery of which the court of enquiry had acquitted Lucas some sixteen years before. The story, much garbled, twisted, and exag gerated, was circulated throughout the State and created a great deal of comment. Letters came to Lucas from his friends inquiring about the matter; and J. C. Melcher, editor of the Chillicothe Evening Post, wrote asking him for information that could be used in answer to Hammond's article. Out at Friendly Grove, however, Robert Lu cas appears not to have been greatly disturbed by the bitterness of the attacks against him. In August he wrote in answer to Melcher: "Hav ing been consid[er]ably engaged during the pres- [e]nt week with my Hay and Oat Harvest, I did not call at the post office in Piketon until the Post ar[r]ived this day — when I found your fa vor of the 2a inst and a Cincin[na]ti Gazette that appeared to have been forwarded by Tu[e]sdays mail ". Lucas then proceeded to give him a de tailed account of the court of enquiry in 1813, and of his acquittal. Throughout the State in this campaign there was a faction variously called the "Ebonies" and 100 ROBERT LUCAS "Ebonites" which opposed the election of Lucas with a most unrelenting vigor.71 In September, Judge Reuben Wood, of the Third Circuit, wrote to him of the "scurrility of some of the late 'Ebony' publications" and of the extremely active campaign against the Jacksonian candi date being conducted in the Western Reserve by Judge Hitchcock and others. Yet the Demo cratic publications were optimistic, and in the last issue before election day the Ohio State Bulletin printed the following in capital letters: GENERAL LUCAS WILL BE ELECTED GOVERNOR OF THIS STATE, IN ALL PROBABILITY, BY A MAJOR ITY OF FROM FIVE TO TEN THOUSAND VOTES. WE CARE NOT WHETHER ONE CANDIDATE RUNS AGAINST HIM OR HALF A DOZEN NO MATTER HOW MANY OR HOW FEW, ALL THE HOBBIES IN CHRISTENDOM, CANNOT WITHDRAW FROM HIM THE SUPPORT OF THE DEMOCRATIC PARTY HE IS SURELY THE PEOPLE'S CANDIDATE A PLAIN UNOSTENTATIOUS FARMER, A DEVOTED PATRIOT AND A FIRM AND ZEALOUS FRIEND OF HIS COUNTRY. These hopeful predictions, however, were not realized by the election. The contest was waged strenuously by both parties up to the last day; and when it went to the voters in October, Dun can McArthur was, by a small majority, elected Governor of the State of Ohio. STATE POLITICS 101 In the fall of the following year, 1831, Robert Lucas was chosen by the people of Pike and Jackson counties to represent them in the House of Representatives of the General Assembly of the State; and again he occupied a seat in the House where he had sat more than a score of years before as a young man of twenty-seven. In the election of Speaker he received the great est number of votes of the first ballot; but did not have a majority. On the second ballot he was defeated by William B. Hubbard. Here, in the same body where he had begun his polit ical career, he was exerting his best efforts for the public welfare when a second State conven tion nominated him as the Democratic candidate for the Governorship of Ohio. In the State of Ohio the campaign of 1832 was a strenuous contest. Four years before the State had given an undivided electoral vote for Jackson. Now the Democrats were determined not only to carry the State for Jackson as Presi dent, but also to elect a Jacksonian to the office of Governor. They began the campaign in due season. As early as the fall of 1831 there ap peared in the newspapers of Ohio suggestions for a State nominating convention. It was pro posed to hold the convention on the 8th of Jan uary, the anniversary of Jackson's victory at 102 ROBERT LUCAS New Orleans; but this date happened to occur on a Sunday, and the time finally fixed upon was the day following, or Monday, January 9, 1832. All through the fall and winter of 1831 the Democratic leaders were corresponding and mak ing preparations for an enthusiastic convention. The Jacksonian members of the General Assem bly of the State wrote to the leaders in the vari ous counties urging them to hold county meetings and choose delegates to a State Convention. Lucas, before leaving home to take his seat in the legislature made arrangements to have dele gates chosen in Pike and Jackson counties and wrote to his friends in Scioto and Lawrence counties urging them to do the same. On Mon day, December 5, 1831, the General Assembly convened at Columbus. That same evening, after the meeting of the legislature, the friends of Jackson assembled and agreed unanimously to recommend to the Democratic Republicans that throughout the State county meetings be held for the purpose of choosing delegates to the State convention at Columbus. The fact that Lucas had headed the State ticket two years before made him a prominent figure in the forecasts of the convention. Dur ing the first week in January, Isaac Humphreys STATE POLITICS 103 of Washington County, a strong adherent of Lu cas, wrote to him concerning the convention and by way of suggestion made this pointed remark: " Let the Gentleman nominated, or before nom ination for Governor, be introduced and associate a little, with affability among the Delegates, with but little trouble and without lessening any Gen tlemanly Dignity, much Good will be done." "I left my harvest," he continued, "cfe went to Columbus as a Delegate in 1830, & then formed an opinion, that if you had been there, &, mixed in your frank, agreeable manner with the Dele gates that it would have gone far to secure your Election, an object which I had much at heart." At the appointed time, on the 9th of January, this convention of the "friends of the existing administration" met at Columbus. The purpose of the meeting was to nominate Democratic can didates for Governor of the State and presiden tial electors, and to organize the Democratic Re publican party for an energetic and efficient cam paign. A committee was given the task of pre senting names to the convention for nomination. They reported in favor of General Robert Lucas, who was thereon chosen as the Democratic nom inee for the office of Governor of Ohio.72 Thus the campaign was opened fully six months earlier than it had been at the preceding election for 104 ROBERT LUCAS Governor. It was, however, a more important occasion. It was a presidential as well as a gu bernatorial campaign; and a great anxiety was felt to carry every contest in the State of Ohio for the principles of Andrew Jackson and the party which he represented. It may also have been true that the leaders of the Democracy in the State were under the stress of New Year resolutions to retrieve their defeat of two years before. XI The Baltimore Convention To Robert Lucas belongs the distinguished honor of presiding over the first national con vention ever held by the Democratic party of the United States. In the campaign of 1832 for the first time in the history of American pol itics the various parties pursued the policy of holding national conventions to nominate candi dates. The Congressional caucus had passed away, and the nomination by local legislatures and mass meetings failed to give the requisite backing for a party candidate. In September, 1831, the Anti Masons con vened at Baltimore and placed in nomination for the Presidency and Vice Presidency of the United States, William Wirt and Amos Ell- maker respectively. Early in December there met in the same city a convention of National Republicans who with considerable enthusiasm nominated as their candidates, Henry Clay and John Sergeant. The plan for a nationial convention of the 106 ROBERT LUCAS Democratic party was broached in May, 1831, in a letter from William B. Lewis to Amos Ken dall.73 Mr. Kendall was at that time visiting his friend Isaac Hill in New Hampshire. In this letter Lewis proposed a meeting in the fol lowing May, at which the friends of the admin istration could be brought together from all parts of the Union and harmony secured . n the campaign movements of the party. The sug gestion was favorably received by Kendall and Hill; and at their instance the Democratic mem bers of the New Hampshire legislature held a convention which called a Democratic national convention to convene in Baltimore on the third Monday of May, 1832. Lewis in his letter to Kendall spoke of Bar bour, Dickinson, and McLane as possibilities for vice presidential nomination; but did not in this connection mention Martin Van Buren. Whether this omission was a part of a general scheme in his favor or whether he was not then consid ered for the place, it is perhaps useless to dis cuss. But events so shaped themselves during the year that intervened before the final meeting of the convention that no other course than the nomination of Van Buren was possible. For some time Van Buren had been cherishing the hope of inheriting the presidential robe of THE BALTIMORE CONVENTION 107 Andrew Jackson; and with this hope Jackson was fully in accord. The city of Washington was, however, in the year of 1831, hardly the place in which one could with complacency await such a legacy. The internal workings of the administration were anything but harmo nious; and seemingly the only safe place for a political aspirant to avoid trouble was across the seas. Early in 1831 Jackson decided to remake his cabinet. On the 1 1th of April Martin Van Buren resigned his place as Secretary of State with the understanding that he was to be made Minister to the Court of St. James. In resigning he ad mitted his candidacy for the office of President, and laid his resignation to the fact that a cabi net minister with those ambitions would be open to the charge of manipulating politics to his own private ends. His resignation, which was accepted, was fol lowed by the break up of the cabinet. Receiv ing the appointment as Minister to England, Van Buren soon left for his new post. Congress, however, was not in session when the appoint ment was made; and he arrived in London in September of 1 831 without having had the action of President Jackson confirmed by the Senate. At the Court of St. James he entered upon a 108 ROBERT LUCAS field of work for which he was eminently fitted. His ingratiating manners and fascinating person ality at once brought him friends and social en joyments. He dined and banqueted with Eng land's proudest sons. He learned to know many of the leading representatives of Europe. Prince Talleyrand, in his seventy-eighth year, was there representing Louis Philippe, the new King of France. The Duke of Wellington was there suffering an extreme unpopularity because of his stubborn resistance to the Reform Bill. And Sir Walter Scott was there on his way to Italy, broken in health, living with a pathetic bravery the last year of his life. At the Amer ican Legation the new Minister found Washing ton Irving, then stopping at London on his way from Spain. Forming an immediate friendship these two representatives of the Knickerbocker State toured through England in an open car riage and visited the scenes of the Sketch Book.™ But Van Buren' s enemies at home were not idle while he was thus enjoying himself. His nomination, sent by President Jackson to the Senate in December, was rejected on January 25th after a series of formal speeches by Webster, Clay, Hayne, and others condemning the late Secretary of State. The opponents of Van Buren calculating to a nicety the number they could THE BALTIMORE CONVENTION 109 rely upon and knowing to a certainty the num ber of Van Buren supporters, excused enough of their voters to allow Vice President Calhoun the extreme pleasure of casting, as President of the Senate, the decisive vote against his enemy. Thomas Benton in his Thirty Years in the United States Senate tells us that Calhoun after wards remarked: "It will kill him, sir, kill him dead. He will never kick sir, never kick."75 Never was a greater mistake made by a polit ical faction. The rejection of Van Buren, so far from performing its purpose as apolitical poison became instead a most pOtent and healthful med icine. Calhoun and his friends had overreached themselves. They had placed Van Buren in that uncomfortable but eminently advantageous- position of a man publicly wronged. The news reached Van Buren as he was pre paring to attend a party at Talleyrand's. It was a peculiarly humiliating situation, but he bore it with the greatest tact and dignity. He appeared at Talleyrand's with his usual composure and grace; and if all England had not already known of his rejection, they could not have read it in his face and actions. Thus he pursued the tenor of his official ways with undisturbed demeanor,, attending social functions and making more friends in his adversity than he had made in th& 110 ROBERT LUCAS days of triumph. The inherent desire of Eng lishmen to see fair play brought him the sym pathy of the entire nation. Nor was this less true in the land of trans planted Englishmen. The reaction against the movement of|tCalhoun, Clay, and Webster soon made itself felt in America; and it was every where acknowledged that Martin Van Buren had, by that short-sighted blow, been thrust upon the people as the inevitable Vice Presidential nom inee. Only by this compliment could his party defend him from the action of their enemies. On the 21st of May, 1832, when Martin Van Buren was touring the continent of Europe prior to his return to America, the first national Dem ocratic convention met in Baltimore.76 It was distinctly a Vice Presidential convention. The candidacy of Jackson for President was not a matter of debate. It was a Jackson party; and he was so unquestionably their candidate that the discussion of a nominee for the Presidency would, under the circumstances, have appeared to the Democrats like an insult to their leader. For Vice President, however, there were several candidates, of whom the most prominent, aside from Van Buren, were Philip P. Barbour and Richard M. Johnson. At eleven o'clock Monday morning the convention assembled in the saloon THE BALTIMORE CONVENTION m of the Athenaeum. Delegations came from every State in the Union except Missouri. Among the delegates from the State of Ohio was Gen eral Robert Lucas. Judge Overton of Tennessee had been agreed upon as the presiding officer of the convention. He had been a lifelong friend and supporter of Andrew Jackson, and had succeeded him as Judge of the Supreme Court of Tennessee. Upon his name being proposed as chairman pro tem. however, his colleague John H. Eaton, Jackson's late Secretary of War, arose and remarked that Judge Overton was sick and unable to attend that morning; he thanked the convention for the honor conferred upon his friend, and closed his remarks by moving that General Robert Lucas of Ohio should be chosen chairman pro tem. in place of the Judge. The motion was unanimous ly carried and Lucas was conducted to the chair. The first day of the convention passed in or ganization and preliminaries. Tuesday morning the saloon of the Athenaeum was found too small to accommodate the convention and the members met in the Universalist church in St. Paul Street. Here the business of the convention began in earnest. Mr. King of Alabama, from the com mittee appointed to nominate officers, presented the name of General Robert Lucas as permanent 112 ROBERT LUCAS chairman. The nomination was approved by the convention and Lucas took the chair. After expressing his deep appreciation of the honor which they had bestowed upon him, he paid tribute to the party they represented, whose ob ject was to preserve the pure principles of Re publicanism and to secure to the people the free and uninfluenced enjoyment of their rights and privileges. He emphasized the importance of the session and the propriety of sacrificing all personal feelings and local preferences for the sake of the cause in which they were engaged, which was to preserve the harmony and advance the prosperity of the great Republican party throughout the Union. He expressed a con sciousness of his inability to perform the duty assigned to him in a manner corresponding with his wishes; but feeling no doubt of the support and kindness of the convention, he accepted the appointment.77 The convention then proceeded to make rules concerning the conduct of ^business. In the morn ing session that famous rule was adopted by which a two-thirds vote was made necessary for the choice of a candidate. After a short recess the members reassembled at twelve o'clock and took up the choice of a Vice Presidential candi date. It was agreed that no nominations should THE BALTIMORE CONVENTION 113 be made in convention; but that the States cast as many votes as they had presidential electors according to the new appointment, and continue the balloting until a selection was made. Only one ballot was necessary. Out of the two hundred eighty-three votes cast, Martin Van Buren received two hundred eight, Philip P. Barbour forty -nine, and Richard M. Johnson twenty-six.78 Thus on the first ballot Van Buren received more than two-thirds of the votes. He was declared the candidate of the convention and unanimously recommended to the people of the United States as the Vice Presidential nominee of the Democratic party. On Wednesday morning the committee ap pointed by President Lucas the preceding day to prepare an address to the people of the United States reported in favor of allowing each dele gation to report to its constituents as it judged best, rather than formulating a national address. This suggestion allowing the individual States to fight out the campaign on their own lines was unanimously acceded to by the convention. Before adjourning Robert Lucas and the four Vice Presidents received the thanks of the con vention for the prompt, impartial and dignified manner in which they had presided over its de liberations.79 It was then ordered that immedi- 114 ROBERT LUCAS ately upon adjournment the members would pro ceed to visit the venerable Charles Carroll, the only survivor of the signers of the Declaration of Independence. With prayer by the Reverend Mr. Wallace, the meeting ended and the Demo cratic party closed with the greatest of harmony its first national convention. As President of the convention, Robert Lucas, together with the four Vice Presidents, drafted a letter on the 2 2d of May and sent it to Van Buren, announcing his nomination. Upon his return from Europe, Van Buren, on August 3, 1832, replied from Kinderhook outlining his po sition. He spoke particularly of the change that had come over affairs since his departure for England, and in the light of recent events, he cheerfully consented to come before the American people as a candidate for the office of Vice President of the United States.80 XII Governor of Ohio Lucas returned to Ohio after his brief season of glory at Baltimore and plunged again into his own campaign for the Governorship.81 From the first it was anticipated that Governor McAr thur would be the candidate for the National Republicans, and preparations were made accord ingly by the Democrats. Yet spring and early summer drifted by without definite action being taken to place McArthur before the people for reelection. Finally on the last day of June, 1832, there appeared in the State Journal and Columbus Gazette the following item: "I have been waiting for some time to see the name of some suitable person announced in your paper to be suggested by the National Republicans of this state as their candidate for governor at the ensuing election." The writer then asked that Duncan McArthur be announced as a candidate to succeed himself. Accordingly, in the next issue of the paper appeared the name of General McArthur as a candidate against Lucas. 116 ROBERT LUCAS Until September 15th this announcement was continued in the columns of the State Journal. But on this date which was less than a month before the final election, a peculiar change oc curred in the campaign of the Anti-Jacksonians. In the State Journal there appeared a letter, addressed by McArthur to the Corresponding Central Committe, withdrawing his name from the list of candidates "with the view of uniting all who are opposed to the reelection of General Jackson, upon some one candidate for the office of Governor." In another column of the same issue McArthur addressed a letter to the electors of the Seventh Congressional District, agreeing to become a candidate for Representative in Con gress from that district (Richard Douglas and William K. Bond having withdrawn in his fa vor). Soon after, the name of Darius Lyman was announced as one on which all Anti-Jackson forces could unite in the campaign for the Gov ernorship. The explanation of this shift of candidates is found in a coalition in the State of the forces opposed to Jackson. The Anti-Masonic party, at this time possessing considerable strength, had already nominated Darius Lyman as their candidate for Governor. They now agreed that, if the National Republicans would withdraw GOVERNOR OF OHIO 117 McArthur as a candidate for Governor and sup port Lyman, the Anti-Masons would withdraw their electoral ticket and vote for the presiden tial electors nominated by the National Repub licans.82 Earlier in the campaign this combination might have been successful, but at this late date it was fatal. The strength of General Lucas was everywhere admitted; and a well planned, persistent campaign, together with the prestige he had won as chairman of the Baltimore Con vention, brought him the undivided support of the Democrats. A few days before the election the Columbus Sentinel came out with an appeal to the Demo cratic voters. "Look for a moment", it urged, "at the Opposition Ticket. It is as speckled as an adder. The venomous viper lies coiled be hind the bush to make you its prey. A striped tri-ooloured, federal, clay, anti mason Tick et has been got up against us and the Jackson party are called upon to march up to the work set before them. They can, they will give this chamelion this ' beast of many spots1 his death blow."83 And they did. The dilatory, unsys tematic policy of the opposition had brought de feat and a change of administration. The elec tion occurred on the 9th of October; and General 118 ROBERT LUCAS Robert Lucas with a majority of over eight thousand votes was chosen the ninth Governor of the State of Ohio. It is worthy of notice that although Lucas was elected by such a large majority, the Anti- Jackson candidates for Con gress received an aggregate vote greater by about five thousand than that given to the Jackson candidates.84 In the Seventh District the contest for Repre sentative in Congress was a remarkable one. When General McArthur withdrew from the race for the Governorship and entered the race for Congress he encountered as his opponent a young man of twenty-six named William Allen. Forty-two years later, after winning national dis tinction in both Houses of Congress, Allen be came Governor of the State of Ohio; but at this time he was at the beginning of his career, a staunch Democrat and a firm friend of Robert Lucas. The contest was close, and for weeks after election day the result was doubtful, the two parties living in alternate hopes and fears. When the decision was finally made William Allen was declared elected with a majority of one vote, having received 3738 votes, while for McArthur there were exactly 3737 ballots. The defeated veteran shortly after retired from GOVERNOR OF OHIO 119 public life and settled down at his country home at Fruit Hill to reflect over his long and honor able career in the service of the public. Many years later William Allen, having married a daughter of General McArthur, came into the possession of Fruit Hill and spent his later days in the home of his sometime opponent. Governor Lucas was inaugurated on the 7th of December, 1832, and delivered on that occa sion an address which is worthy of notice in three particulars. First, he laid great stress upon the encouragement of education, particularly the system of free public schools. Then he pressed upon the legislature the great need of revising the militia law. This was a subject to which he was never indifferent, and to which he pays tribute in these words: "The militia is the dread of tyrants and the guard of freemen. They are the strong arm of national defense, and are the first resort, in case of hostilities." In the third place his inaugural address is noticeable for its comment on Nullification. He says: "The doc trine of Nullification (as it is called) that has been zealously and no doubt seriously asserted by many eminent politicians in South Carolina, I believe to be without the support of constitu tional authority, dangerous in its consequences 120 ROBERT LUCAS and if adopted, would lead to anarchy, and the ultimate dissolution of the Union." The Governor of Ohio in those days was by no means the prominent and powerful figure that he is to-day. Indeed, the government under the first State Constitution may be characterized as an over-strong legislature with executive and judicial appendages. The prerogatives of the one and the appointment of the other were in the hands of the Senate and House of Representatives. This condition of affairs was the result of a re action against the power of the executive in Ter ritorial days. General Arthur St. Clair had been Governor of the Northwest Territory for a period of fifteen years; but his term of office was not as successful as it was long. An imperious temper, an unfortunate stubbornness of disposition, and an unwarranted conceit in his power as a civil administrator brought misfortune to his career and final removal from office in 1802 by Presi dent Jefferson. An Englishman by birth and all his life a soldier, he had, in his long experi ence as an officer, come to forget that an Amer ican body politic can not be governed by the same methods as a frontier army. There was no lack of sincerity in the man, but there was a great lack of wisdom and tact. And so mistakes and blunders characterize the life of this patriot GOVERNOR OF OHIO 121 whose good intentions far exceeded those of many men of greater success.85 By the Northwest Ordinance the Governor was made part of the legislative department, and no bill could become a law without his assent. Governor St. Clair, by his use of the veto power and his assumption of executive authority in the organization of new counties, had aroused a great deal of bitterness which, intensified by other acts, engendered an intense hostility among the legislators. When the time came for the State of Ohio to be carved out of the Northwest Terri tory and the Convention of 1802 met to construct a State Constitution, there was worked out a plan of government in evident dread of executive power. It took away from the Governor en tirely the power of veto and turned over prac tically all appointments to the legislators, thus burdening that department with an enormous and dangerous patronage. The Governor remained Commander in Chief of the State Militia, which to Robert Lucas proved an important consideration. But aside from this there remained to the Governor, when he took an inventory of his prerogatives, only the thankless task of pardoning criminals and the appointment of notaries and a few other minor officers.86 When we consider that the 122 ROBERT LUCAS salary was limited by constitution and statute to $1000 we are inclined to look upon the incum bent as the responsible tenant of an empty office. Yet the office was one of honor, and on certain occasions carried with it some little power; and never was there a lack of candidates. To Governor Lucas the power to grant re prieves and pardons was not an unalloyed bless ing. If he pardoned, he aroused a bitter storm of wrath from the citizens of the convict's dis trict; if he did not pardon, he encountered like wrath from the friends of the abused law-breaker. One of the first official acts of Governor Lucas was to pardon a convict named Asher, from Co shocton County. This was in December, 1832, the first month of his term of office; and from then on for several months he was subjected to a series of denunciatory letters, anonymous and otherwise, censuring his action. On the other hand interesting communications of this nature were sometimes received at the executive office: Muskingum County®? -*, -c, T Ohio May 1833 Me Robeet Lucas j Sir I have taken this plan of informing you that Col. Gault has abused an old friend of mine who is now a prisoner under his controle. The gentlemans name is William Thompson GOVERNOR OF OHIO 123 My wish is that he receive his pardon by the first day of August 1833. Should he not be pardoned by that time I shall be under the necessity of calling at your plantation and if I do you may expect to see fire and smoke more plentiful on your plantation than it has been for some time. A word to the wise is a plenty an injured and determined man Robeet Lucas The first term of Robert Lucas, aside from these minor incidents, passed rather uneventfully. These years were years of great progress for Ohio in the way of internal improvements. Roads were being laid out, railways planned, and work on the State canals pushed with great en thusiasm. Many executive duties incidental to the carrying on of these public works fell to the Governor and occupied a large part of his time. In his annual message to the General Assem bly in December, 1833, he dwelt largely upon the matter of internal improvement, emphasizing the canal construction and the improvement of the National Road. He also favored a State Bank and constant organization and develop ment of the militia system. The peaceful years of a nation or State may test the worth of public officials as truly as years of crises and alarms. It was in this uneventful first term that Governor Lucas proved his abil- 124 ROBERT LUCAS ity as a careful and competent executive. His diligence in the performance of administrative duties was particularly noticed by his contem poraries. In a biography of Allen G. Thur man, who was for some time the private sec retary of Governor Lucas, we are told that the Governor was wont to be in his office at eight o'clock in the morning; and there he and his secretary remained until eight o'clock at night performing the innumerable duties that were necessary in the executive office of a great State.88 As the summer of 1834 drew on, thoughts of •election began to fill the minds of the politicians. Lucas again became the candidate of the Jackson forces for the Governorship.89 The opposition combined on James Findlay. During the War of 1812 Findlay had been one of the three Col onels commanding the Ohio militia. Although he had had little experience in public office in the State of Ohio he had represented the first Con gressional District of that State in the National House of Representatives for four successive terms. The campaign was as usual attended with more or less of the personal attacks. In one district the story was circulated that Lucas had "pardoned a convict, furnished a thousand dollars to set him and a crop-eared Irishman up, GOVERNOR OF OHIO 125 as printers of a party newspaper". The Anti- Jackson men, led by Jacob Burnet, Cavalry Mor ris, and others, strenuously opposed the reelec tion of Lucas; but to no avail. Lucas was vic torious with about three thousand majority; and on December 8, 1834, was inaugurated in the presence of the two houses of the General Assembly. XIII The Ohio-Michigan Boundary The second term of Robert Lucas as Governor of Ohio is largely the story of the Northern Boundary Dispute and its settlement, the tale of the memorable Toledo War, with its exciting muster of armies, its humorous incidents, and its final peaceful determination by Congress. The controversy over the boundary line between the State of Ohio and the Territory of Michigan was of such a complex nature that it would be unwise in a limited space to attempt to more than state clearly the general points of dispute and trace briefly the course of Ohio's Governor in upholding the claims of his State.90 The story of the controversy takes us back to the Ordinance of 1787, which provides for the organization and government of the Northwest Territory. This document mentions a geograph ical line which for half a century thereafter was the basis of dispute and misunderstanding. The Ordinance provided for the creation of not less than three nor more than five States to be ulti- THE OHIO-MICHIGAN BOUNDARY 127 mately carved out of the Northwest Territory. In case only three States were created, the terri torial line between Canada and the United States was made the northern boundary. To this, however, was added the proviso "that the bound aries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan." It was this "east and west line" over which a State and a Territory so nearly came to blows. The map used by the Congressional committee in drawing up the Northwest Ordinance was one published by Mitchell in 1755. This map (as was the case with most maps of that time) was very inaccurate in regard to the relative positions of the Great Lakes. According to it a line drawn due east from the southerly extreme of Lake Michigan would strike Lake Erie several miles north of the mouth of the Maumee River, or, as it was then called, Miami of the Lake.91 As a matter of fact a true geographical line east from this point would enter Lake Erie some distance south of the Maumee, emerging again to pass through the northern counties of Ohio and thence 128 ROBERT LUCAS strike the western boundary of the State of Pennsylvania. But at this time the mistake in the maps was not dreamed of, and the framers of the Northwest Ordinance fixed the line with the evident understanding that it would pass north of the mouth of the Maumee River. For fifteen years the mistake remained undis covered. By 1802 the territory that is now Ohio had grown in population sufficiently to en title it to admission into the Union, and on April 30th of that year Congress passed an act authorizing the people to form a State Constitu tion. In this enabling act Congress, in describ ing the northern boundary of the proposed State practically reaffirmed the line designated in the Northwest Ordinance. In the fall a con vention met at Chillicothe to form a State Constitution to be submitted for the approval of Congress. During the course of the convention an old trapper from the northwest appeared upon the scene and brought the disquieting information that the east and west line, so long accepted and understood as terminating north of the Maumee would in reality cut far south of that point and exclude from the proposed State a valuable strip of country including the mouth of the Maumee River.92 In view of this fact the convention THE OHIO-MICHIGAN BOUNDARY 129 added this proviso to their acceptance of the northern boundary Line as designated by the en abling act: Provided always, and it is hereby fully understood and. declared by this convention, that if the southerly bend or extreme of Lake Michigan should extend so far south that a line drawn due east from it should not in tersect Lake Erie or if it should intersect the said Lake Erie east of the mouth of the Miami River of the lake, then and in that case with the assent of the Congress of the United States, the northern boundary of this state shall be established by, and extend to, a direct line run ning from the southern extremity of Lake Michigan to the most northerly cape of the Miami Bay, after in tersecting the due north line from the mouth of the Great Miami River as aforesaid, thence northeast to the territorial line, and, by the said territorial line, to the Pennsylvania line.93 On November 29, 1802, the Constitution was adopted by the convention. Ohio was recognized by Congress as a State in the Union without mention of the boundary line, thus giving, as Ohio claimed, tacit consent to the provisional clause. Three years later Michigan Territory was organized; and Congress, ignoring the pro viso in the Ohio Constitution, gave to the new Territory as its southern boundary the line orig inally designated in the Northwest Ordinance and reaffirmed in the enabling act for the State of Ohio. 130 ROBERT LUCAS The attitude of Congress toward the proviso is not difficult to see. The proviso availed noth ing until two things happened: first, it must be shown that the east and west line did not inter sect Lake Erie or that it intersected the Lake east of the mouth of the Maumee; and secondly, even after that point had been shown, the assent of Congress was necessary before the line to the north cape of Miami Bay should be established. Thus, until a survey should show the required condition and furthermore until Congress should assent to the change, the boundary was evidently that which had been stated in the Ordinance, in the enabling act for the admission of Ohio, in the Constitution of Ohio itself (excluding the proviso), and in the act organizing the Territory of Michigan — in other words, an east and west line from the southerly bend of Lake Michigan to Lake Erie. The people of Ohio appreciated the strength of this reasoning sufficiently to make repeated efforts to induce Congress to act upon their pro viso.94 Their efforts resulted in the passage of an act by Congress on May 20, 1812, ordering the Surveyor General to run and re-mark the northern boundary of the State. So far from carrying into effect the proviso, however, it re quired the survey to be made "agreeably to the THE OHIO-MICHIGAN BOUNDARY 131 boundaries established by the act entitled 'An act to enable the people of the eastern division of the territory northwest of the river Ohio to form a constitution and state government . . . .' passed April thirtieth, one thousand eight hun dred and two; and to cause to be made a plat or plan of so much of the boundary line as runs from the southerly extreme of Lake Michigan to Lake Erie, particularly noting the place where the said line intersects the margin of said lake, and to return the same when made to Congress." This meant the running of the east and west line and the location of the point where it en tered Lake Erie. It was the first step necessary to the execution of the provisional clause of the Ohio State Constitution. The opening of the War of 1812, however, and the trouble with the Indians of that region prevented the immediate execution of this act, and it was not until 1817 that the survey was finally made. In that year under the direction of Surveyor General Tiffin, of Ohio, William Harris surveyed a line presum ably in accordance with the act of 1812. What he did in reality was to run a line from the north cape of Miami Bay toward the southerly extreme of Lake Michigan as far as the western boundary line of the State of Ohio.95 In other words he surveyed the line called for in the proviso of the 132 ROBERT LUCAS Ohio State Constitution instead of the east and west line. The Line thus surveyed was henceforth known as the "Harris Line", and it represented the boundary as claimed by Ohio. When the report of the survey by Harris was made to the United States authorities exceptions were taken to the Line as run by him; and so the Secretary of the Treasury ordered the Commissioner of the Gen eral Land Office to have the northern boundary of Ohio run and marked in conformity to the provisions of the act of the 20th of May, 1812. In 1818 this order was carried out by John A. Fulton, and the line thus surveyed was known as the "Fulton Line". It approximated the east and west line mentioned in the Ordinance of 1787 and formed the boundary as claimed by the Territory of Michigan. Between these two lines lay a strip extending entirely across the northern boundary of Ohio west of Lake Erie, and vary ing in width from about five miles at the west end to nearly eight miles at the east end. This strip, although claimed by both Ohio and Mich igan, was as a matter of fact under the jurisdic tion and laws of the Territory of Michigan. By the running of the Fulton line it was proved that the location of the east and west line was in accordance with the condition stated THE OHIO-MICHIGAN BOUNDARY 133 in the proviso, namely; that it would strike Lake Erie south of Miami Bay. Only the second step, the assent of Congress, lay between the Ohio people and their coveted northern boundary. But this assent, though petitioned for time and again, was not granted by Congress. Thus for some time the controversy over the strip of territory remained unsettled. The dis trict was sparsely populated and the inhabitants did not feel a great deal of concern over the un certainty of their allegiance. But as years went on and the population increased the disputed jur isdiction became a question of more importance. The proposed completion of one of the Ohio canals was the immediate event which precipi tated the trouble. Since 1825 Ohio had been trying to accom modate the construction of a canal from the Ohio River at Cincinnati to the navigable waters of the Maumee. In 1834 the construction had pro gressed only as far as Piqua in Miami County. It was now proposed to complete the canal to the Maumee River thus connecting Cincinnati with Lake Erie. It had been intended to place the terminus of the canal at the foot of the rapids of the Maumee; but it was now ascertained that Toledo, at the mouth of the river, was more suitable for a terminus than Maumee or Perrys- 134 ROBERT LUCAS burg. This, however, would leave the end of the canal in the disputed tract. Such a possibil ity was enough to convince the people at the mouth of the Maumee River that their allegiance was due to Ohio.96 Many of the most prominent citizens of Toledo at once petitioned Governor Lucas to extend the laws of the State of Ohio over them. When the General Assembly of Ohio met in December, 1834, Governor Lucas laid the Mich igan matter before the members in his annual message. On February 6, 1835, he sent a special message to the legislature advising them to pass a law extending the northern counties of Wil liams, Henry, and Wood to the line known as the Harris Line.97 In this special message Gov ernor Lucas outlined clearly the grounds upon which Ohio stood in the matter. He emphasized very strongly the fact that the controversy, if there was a controversy, was not one between the State of Ohio and the Territory of Michigan, but between the State of Ohio and the United States. This, indeed, was the basic principle in the mind of Governor Lucas throughout the dis cussion. Michigan, being only a Territory had no sovereign rights and no power to participate in a controversy with one of the sovereign States of the Union. Moreover, the feeling in favor of THE OHIO-MICHIGAN BOUNDARY 135 State Sovereignty was at this time very strong and Governor Lucas as the executive of one of the most prominent States in the Union was a firm believer in the dignity and sovereignty of the individual States, even though he was as strongly opposed to the doctrine of nullification. At the time he sent his special message to the legislature in February, Lucas did not, however, admit that there was any question at issue as to the boundaries. He held that the proviso in the State Constitution was assented to by Congress when Ohio was admitted into the Union, and that the line mentioned in the proviso was, therefore, the legal and indisputable northern boundary of Ohio. He adverted also to the en abling act for the admission of Ohio in 1802 in which the boundary line was designated as an ' ' east and west line, drawn through the southerly extremity of Lake Michigan, running east until it shall intersect Lake Erie or the territorial line; thence with the same through Lake Erie to the Pennsylvania Line." This he claimed to be an impossible line because it would pass too far south to ever intersect the territorial line. The belief of Governor Lucas in the active force of the proviso and the validity of the Har ris Line as the northern boundary of the State was shared by the General Assembly; and on 136 ROBERT LUCAS the 23d of February an act was passed, accord ing to the suggestion of Lucas, extending the jurisdiction of the northern counties as far as the Harris Line. The act also required the Govern or to appoint commissioners to run and re-mark the Harris Line. The action of the Territory of Michigan, mean while, was not less determined. The Legislative Council on February 12, 1835, anticipated the action of the Ohio legislature and passed an act "to prevent the exercise of foreign jurisdiction within the limits of the Territory of Michi gan".98 Thus it was evident that both Ohio and Michigan considered the strip as part of their own territory and regarded the other as the aggressor. In the spring of 1835 elections were held in the disputed tract in accordance with the act of the Ohio General Assembly. On April 2d Gov ernor Lucas arrived at Perrysburg with commis sioners who had been appointed to run and re mark the Harris Line.99 At Perrysburg also gathered the troops of the Ohio militia (enlist ing under General Bell), until about six hundred had been mustered and gone into camp at old Fort Miami. The Acting Governor of Michigan Territory at this time was Stevens T. Mason, a young THE OHIO-MICHIGAN BOUNDARY 137 Virginian under twenty-one years of age.100 An ardent spirit dominated this youth, and he was not slow in taking measures to guard the Terri tory of Michigan against what he termed the aggressions of Ohio. About the time Governor Lucas reached Perrysburg, just below the dis puted tract, Governor Mason accompanied by General Joseph W. Brown and about a thousand troops arrived at Toledo.101 Here there con fronted one another across the line the Govern or of scarce twenty years and the veteran of over a half century. And behind each was an army as determined as its leader. Surely unless some intervention occurred the next step was war. XIV The Toledo War While affairs on the border were assuming this warlike aspect, the United States government at Washington was not asleep. President Jack son had become sufficiently alarmed by the con ditions in the west to dispatch two Commission ers to confer with Governor Lucas and Governor Mason and further the appeals already made to these gentlemen by the Federal Government to refrain from violence and bring the matter to a peaceful conclusion. The Commissioners were Richard Rush, of Pennsylvania, and Benjamin C. Howard, of Maryland. They were accom panied by Elisha Whittlesey, the Congressman from the 16th Ohio district, as a voluntary peace maker. The Commissioners reached Perrysburg on the evening of the 6th of April, 1835, and on the next day held a conference with Governor Lucas. After mutual discussion the following agreement was reached:102 First. That the Harris Line should be run and re-marked pursuant to the act of the last THE TOLEDO WAR 139 session of the legislature of Ohio without inter ruption. Second. That the civil elections under the laws of Ohio having taken place throughout the disputed territory, the people residing upon it should be left to their own government, obeying the one jurisdiction or the other, as they might prefer, without molestation from the authorities of Ohio or Michigan until the close of the next session of Congress. It is important to remember that Lucas held that it was only with the United States that the State of Ohio could carry on negotiations and that with the Territory of Michigan he had noth ing to do.103 The Territorial officers were ap pointed by the Federal government and amen able only to the authority of that government. With this view in mind Lucas believed that an agreement entered into with Commissioners ap pointed by the President of the United States was perfectly legal and binding, regardless of what action the Territory of Michigan might take in regard to the matter. That Territory, however, led by the impetuous Acting Governor Mason repudiated the terms made with the Com missioners, and refused to abide by them. Ar rests and prosecutions by the Michigan authori ties in the disputed tract were carried on with 140 ROBERT LUCAS increased vigor in accordance with the act of the 1 2th of February. Some time later it transpired that the Commissioners had authority only to confer, not to make agreements; but at the time the terms were made this power was not ques tioned. The agreement involved simply a cessation of any attempt on the part of either State or Ter ritory to enforce jurisdiction until Congress had a chance to pass upon the matter. In addition to this, permission was granted to Ohio to run and re-mark the Harris Line. These terms seem eminently reasonable. It was evident from the condition of affairs and the attitude taken by both Ohio and Michigan that only a competent third party could satisfactorily decide the ques tion. Then, too, Congress had many years be fore admitted Ohio as a State with the proviso that, under certain circumstances, the line now known as the Harris Line should be made their border. It was, then, only just that this line should be clearly ascertained for the benefit of Congress in the consideration and settlement of the question. The contention of Governor Lucas on behalf of the State of Ohio that the proviso was already in force and that the Harris Line was thereby the established northern boundary of Ohio was THE TOLEDO WAR 141 probably ill-founded and not capable of proof; but Lucas, as the legal representative of his State, was in a way acting as an attorney for his State before the tribunal of the Federal Govern ment. It seems probable that Michigan had, from the legal point of view, the burden of the evidence on her side. It was clearly evident that President Jackson was fully convinced of the soundness of the claims of the Territory of Michigan104 and it would seem that her wisest course would have been to acquiesce in the terms of the agreement and submit the matter to Con gress for settlement. But the people of Michigan were fearful — and perhaps with reason — that the great political in fluence of the State of Ohio would unduly affect the action of Congress and work to their disad vantage. This contingency appealed too strong ly to the young and headstrong Governor to permit of his acquiescence, and so he continued his policy of encouraging the prosecutions in the disputed tract under the act of February 12th. The attitude of Governor Mason was, perhaps, influenced in a large measure by an opinion given by Attorney General Benjamin F. Butler in an swer to a request of President Jackson. 105 But ler took a position favorable to the claims of Michigan, holding that, until Congress should 142 ROBERT LUCAS give assent to the boundary as designated in the proviso to the Ohio Constitution, the disputed tract must be considered as belonging to Mich igan. The Michigan authorities made this the basis for their ignoring the terms of the Com missioners, and arrests went on as before. Governor Lucas, proceeding in accordance with the terms of the agreement, disbanded the army under General Bell and directed the sur veying party to begin the survey of the Harris Line. Starting at the northwest corner of the State the Commissioners began their line and proceeded toward the north cape of Maumee Bay. When they crossed the Line, however, in to Lenawee County the under sheriff of that county advanced upon them in company with General Brown and a posse comitatus with a warrant for the arrest of the entire party. Sev eral of the party were captured, but the Com missioners fled precipitately through the woods in undignified haste to the fastnesses of Ohio, where they reported to Governor Lucas that they had been attacked by General Brown and a force of militia and had "thought it prudent to re tire".106 This episode created considerable excitement throughout the State of Ohio. The majority of the newspapers upheld Governor Lucas, but here THE TOLEDO WAR 143 and there a few of the opposition organs em braced the opportunity to arraign his conduct. The war spirit everywhere ran high, and even from Philadelphia there came late in May a frenzied letter signed "Buckeye" urging the Governor to delay not one moment, but to "wipe out with blood" the insult the Michiganians had put upon the State. He had but to say the word and there was not a single Buckeye that would hesitate to "follow him through blood to their eyes".107 Such sanguinary advice was, however, tempered by the counsel of more con servative spirits, who were as unbending in their loyalty to their State and in their support of its executive, yet were more sane in their patriotism. The Ohio delegation in congress were as valiant in the defense of the rights of Ohio as was Lu cas. Letters from Robert T. Lytle, Thomas L. Hamer and others kept the Governor informed of the progress of affairs at Washington and of the support he might expect from the Ohio del egation.108 In view of the critical aspect of affairs, Gov ernor Lucas called a special session of the Gen eral Assembly of Ohio, to meet June 8, 1835. This was the first time in the history of Ohio that a special session had been called by the Governor of the State. Twice before extra ses- 144 ROBERT LUCAS sions had been held; but in both cases the Gen eral Assembly had been convened in pursuance of a joint resolution passed at a regular ses sion.109 When the General Assembly convened the Governor accompanied his special message with many documents, official and otherwise, throw ing light upon the controversy.110 The legisla ture agreed to accept the terms proposed by Commissioners Rush and Howard, and appro priated $300,000 for carrying into effect laws re garding the northern boundary. A new county, moreover, was erected out of the disputed tract and named Lucas in honor of the Governor of the State. Soon after the adjournment of the extra ses sion, Governor Lucas appointed three commis sioners (N. H. Swayne, W. Allen, and D. T. Disney) to go to Washington and lay the facts before the President of the United States.111 They proposed to President Jackson the execu tion of the terms agreed upon with the Commis sioners on condition that the actions brought by the authorities of Michigan in the disputed tract under the act of February 12, 1835, be discon tinued. The President promised to make an earnest recommendation to Governor Mason of the Territory of Michigan that no obstruction THE TOLEDO WAR 145 should be interposed to the marking of the Har ris Line, that prosecutions growing out of the act mentioned be discontinued and no further proceedings begun, and that all discussion of questions regarding the boundary be postponed till after the next session of Congress. He did so, but it had little effect upon the Acting Gov ernor of Michigan who pursued his way as be fore. This overzealousness on the part of Mason resulted in his removal from office by the Presi dent on August 29th and the appointment of Charles Shaler. Shaler, however, declined to ac cept the position, whereupon John S. Horner was appointed as Acting Governor of the Terri tory.112 The act which created Lucas County provided for the holding of court in Toledo, the seat of justice in that county, on the seventh of Sep tember. This was a somewhat difficult propo sition inasmuch as it was sure to be resisted by Michigan. Governor Lucas, moreover, was fully cognizant by this time of the fact that further forcible aggression on the part of Ohio would be met by United States troops. However, he was determined the court should be held to establish jurisdiction in that region — and held it was. The judges under a small guard of militia en tered the town unknown to the Michigan troops 10 146 ROBERT LUCAS gathered there, held court sometime between midnight and the dawn of the 7th of September and withdrew again to Maumee in safety. Content with this exercise of authority, Gov ernor Lucas desisted from further attempt to en force jurisdiction. In November the Harris Line was run peacefully, and quiet reigned once more upon the disputed tract, while all parties waited for the action of Congress. John S. Hor. ner, Acting Governor of the Territory of Michi gan, arrived at the scene of his new duties and entered upon a career in which he made a sorry figure. Although Congress had refused to admit Mich igan until the boundary line was settled, the people had organized a State government, elect ed Stevens T. Mason as Governor and proceeded to exercise the functions of a State without authorization or recognition from the United States government. The great majority of the people supported the State Governor, Mason; while the authorized Territorial Acting Govern or, Horner, received little else than sneers. He soon retired fuming with impotent rage to the wilds of the Territory beyond Lake Michigan. From here he showered imprecations upon all concerned with the State Government of Michi gan.113 THE TOLEDO WAR 147 Congress met in December, 1835, and to its consideration were submitted for decision two questions: the admission of the State of Michi gan, and the settlement of the northern boundary of the State of Ohio. The State of Michigan, although as yet unrecognized, sent to Washing ton as its Senators, Lucius Lyon and John Nor- vell, and as its member of the House of Repre sentatives, Isaac Crary. The claims of the peo ple of Michigan were warmly advocated by the venerable John Quincy Adams in the House and by Thomas Hart Benton in the Senate. Ohio of course relied upon its own Senators and Rep resentatives to bear the brunt of the contest. Thomas Ewing in the Senate, and Samuel Vin ton and Thomas L. Hamer in the House gallant ly contended for the cause of their State and op posed the admission of Michigan except with the Harris Line as its southern boundary. For months the contest was carried on, until finally as the session was drawing to a close a bill was passed combining the two measures and provid ing for the admission of Michigan as a State by proclamation of the President of the United States whenever the people accepted in conven tion the southern boundary as claimed by Ohio. As a recompense to Michigan for the relinquish ment of the disputed Territory, the new State 148 ROBERT LUCAS was given a large tract of land north and west of Lake Michigan. Throughout the discussion, the delegations of Ohio, Indiana, and Illinois were unanimous in their support of Ohio's claim. It has been said that political influences largely controlled the decision of Congress. Perhaps this is so. The Democracy would not be benefitted by the elec toral votes of Michigan if she thereby lost those of Ohio, Indiana, and Illinois. Yet there were other considerations. Ohio needed Toledo as a terminus for the Miami Canal and as an addi tional lake port. Ohio had only the southern shore of Lake Erie while Michigan was practi cally surrounded by lakes. But back of all the controversy was the reiterated claim of Ohio that the framers of the Northwest Ordinance in designating the east and west line as the future border did it with the evident understanding that it would pass north of the mouth of the Miami of the Lake, or Maumee River, and that when Congress passed the enabling act for the admission of the State of Ohio the same under standing prevailed. Congress then, in 1836, simply restored the spirit of that venerable doc ument, the Ordinance of 1787. But the passage of the Act of Congress in the summer of 1836 did not settle the question. It THE TOLEDO WAR 149 but transferred its discussion to the people of Michigan. Here for months controversy waxed strong as to whether the State should stay out of the Union in dignified loneliness, or accede to the terms, accept what had been so long con tended against, and enter the Union of States. In September a convention called by the State legislature refused to accept the terms. 114 Agi tation in the State continued, and on the four teenth of December, 1836, a convention called through the instrumentality of the newspapers met at Ann Arbor. This meeting, irregularly convened and styled in derision the "Frost Bit ten Convention", declared assent to the terms of Congress and sent a notification to that effect to the President of the United States. President Jackson, instead of issuing his proclamation as instructed returned the matter to Congress. Here again the discussion waged warm, this time over the legality of the assenting convention. Fin ally on January 26, 1837, Michigan with the Harris Line as her southern border was admitted to Statehood and the border difficulty which had for so many years racked men's minds was at last settled in peace and amity. XV 1836—1838 While Congress was wrestling with the ques tion of the Ohio-Michigan boundary, the people of Ohio turned their attention to the approach ing campaign for Governor. Prior to Lucas no Executive of the State had ever held that office for three consecutive terms; nor has anyone since been accorded that honor. Having served with credit for four years (two terms), Robert Lucas determined before the State nominating conven tions met that he would not again become a can didate, and so informed his friends. The Democratic convention again remembered Jackson's victory at New Orleans and convened at Columbus on January 8, 1836. As their can didate for Governor they nominated Eli Baldwin. The Whigs, on the other hand, met on the anni versary of Washington's birthday and put in nomination Joseph Vance. A meeting of the State Rights Association, however, passed reso lutions in April agreeing to cast their vote for Robert Lucas as Governor. This called forth a 1836 — 1838 151 protest from Lucas against the use of his name as a candidate. It was then explained that the resolutions were passed by the convention large ly as a tribute which the Association desired to make to Governor Lucas. The Columbus newspaper which had most strongly opposed his election in the two previous campaigns said of him in the summer of 1836: "Although elected on party grounds, and called to the Executive Chair of the State at a very trying period, he has so discharged the duties of his office as to command the respect and esteem of his political opponents, whose cordial good wishes will accompany him in his approaching retirement. " 115 In the early months of 1836 the enemies of Lucas circulated the story that the Governor had joined the forces of the Whigs and become a staunch Harrison man. This was a choice bit of gossip for his opponents and they spread it everywhere. It reached Lucas's home district; and from friends, relatives, and political sup porters came letters of enquiry. It reached the Ohio delegation at Washington, where it met with the ready belief of Senator Thomas Morris; but encountered the sturdy denial of Thomas L. Hamer. Hamer immediately wrote to Lucas and received satisfying assurances of the falsity 152 ROBERT LUCAS of the story. From Wheelersburg his sister-in- law, Rhoda Boynton, and her husband wrote anxiously for the truth. Long will the answer of Robert Lucas be re membered. He assured his faithful friends and sympathetic relatives of his Democratic princi ples and of his unwavering support of Martin Van Buren. His sister-in-law wrote in reply: "You dont know how much pleasure your letter give[s] the Democrats here I saw one with the tears to his chin at the reading of it I have read it again & again the poor w[h]igs dro[o]ped their feathers some, all they could say was its a lie Gov. Lucas never wrote it." The term of Thomas Ewing, United States Senator from Ohio, was to expire on March 4, 1836, and the Democrats were anxious to gain an ascendency in the State legislature in order to choose a Democrat as his successor. Lucas was approached before the election as to whether he would consent to be a candidate for the posi tion, providing the Democratic party gained the ascendency in the legislature. He expressed his willingness if the party really desired it. His friends at once took up the matter and efforts were directed to accomplish this result. The legislature met early in December with the par ties very evenly divided. In the House the 1836—1838 153 Democrats had a majority of three; while in the Senate the Whigs outnumbered their opponents by two votes. Thus in joint session the Demo cratic party had a majority of a single vote. The retiring message of Governor Lucas to the Gen eral Assembly was read; and on December 13, 1836, Governor Vance, the successful Whig can didate, was inaugurated. Robert Lucas soon after vacating the office of Governor started for Friendly Grove; he reached home on the nine teenth. He had not been home a week before he received word from Judge Hay ward and other friends urging him to return at once to Colum bus, and warning him in particular of the active efforts being made for the position by his friend William Allen. The ice in the Scioto River, however, prevented the stage from running be tween Chillicothe and Portsmouth, and it was not until a few days before election that Lucas finally reached the State capital. When the election took place it became practically a con test between William Allen and Thomas Ewing in which Allen was victorious on the thirteenth ballot.116 Defeat in the cherished hope of years is not borne easily by a man in middle life. It comes with bitter force to a man whose years have car ried him beyond the half century mark. For 154 ROBERT LUCAS many years Robert Lucas had served his party and his State courageously, honestly, and ably on the field of battle, in legislative halls and the executive office. Now the place in the United States Senate which seemed deservedly his be cause of long and faithful service, was given to one who less than a twelvemonth before had passed the minimum age limit. An ex-governor, he seemed fated to be shoved aside into that limbo of half-remembered names whose casual mention brings a passing twinge to the emotions of his erstwhile friends and only an idle wonder to the mind of the younger generation of poli ticians. Back to the quiet retirement of Friendly Grove he went — back to the farm on the road from Piketon, where through the long summer months he would work in utter disregard of the doings and sayings of the busy outside world. Only now and then would an old friend drop him a line. In his hermitage he almost forgot that he had ever been concerned in public life; and when he did remember the fact he almost believed the public had forgotten him. But the Democracy of his district needed a strong man to head the ticket as a candidate for the Ohio State Senate in the contest. of 1837. Lucas reluctantly, and with "a degree of self con- 1836 — 1838 155 demnation for permitting himself to be urged from his retreat", assumed the candidacy. The fall election was not a day of triumph for the Democracy. John I. Van Meter, the Whig op ponent of Lucas, and the entire Whig delegation to the legislature were elected and the ex-gov ernor returned once more to the simple duties of the farm.117 But in the quiet of this retreat at Friendly Grove he was not forgotten by his friends. For years an intimate friendship had existed between Robert Lucas and Thomas L. Hamer. In his long service at Washington, Hamer had per formed many services to Lucas and not less faithfully had Lucas served Hamer in affairs at home. Their correspondence breathes a spirit of candid fellowship, of mutual respect and con fidence. It was not merely a political friendship; it was a strong personal attachment. In the campaign of 1836 when United States Senator Thomas Morris was exerting every effort to bring about the defeat of Hamer for Congress, Lucas was able to frustrate one of Morris's plans and assist his own friend.118 Now the time had come when Hamer could repay the kindness. On June 12, 1838, Congress passed an act creating the new Territory of Iowa. The ap pointment of Governor of the Territory rested 156 ROBERT LUCAS with the President of the United States. It was a responsible position. The Territory of Iowa then extended to the British line on the north, and lay on the very frontier of civilization. In the Territory and along its borders were the Indian tribes — partly native and partly tribes that had been moved west of the Mississippi by the United States Government. The posi tion carried with it a salary of $1500 as Govern or and $1000 as Superintendent of Indian Affairs. Thomas Benton, of Missouri, and other western men urged the appointment of General Henry Atkinson, of the United States Army, who was at this time stationed at Jefferson Barracks near St. Louis. General Atkinson was eminently fitted for the place and as President Van Buren desired a military man he received the appointment. It was considered doubtful, however, whether he would accept the position; and Hamer pushed the candidacy of Lucas in the event of Atkinson's declining. On June 24, 1838, he wrote to Lu cas telling him the condition of affairs and ask ing Lucas to let him know at once whether he would accept the position if it were offered.119 He also urged him, if he could not answer before the adjournment of Congress, to write directly to President Van Buren. Robert Lucas was meanwhile away from home 1836 — 1838 157 on a visit in Indiana and did not receive his friend's communication until July 8th. As he returned through Columbus he learned that Gen eral Atkinson would probably decline; and a recommendation was there drawn up and signed by a number of the friends of General Lucas from different parts of the State who were there attending Court. This recommendation favor ing the appointment of Lucas as Governor of the Territory of Iowa was sent to President Van Buren. The day after his return to Friendly Grove, Lucas, in compliance with the suggestion of his friend, wrote directly to President Van Buren. He stated that, should the President see proper to tender to him the appointment, he would use every exertion to discharge the duties to the satisfaction of the Executive of the United States and to promote the interests and prosperity of the inhabitants of the Territory of Iowa. The wheels at Washington had, however, been moving more rapidly than had Robert Lucas. General Atkinson had declined to accept the po sition, President Van Buren had conferred the appointment upon Lucas, and his commission as governor of the Territory of Iowa had been dated two days before the letter of Lucas left Friendly Grove. On July 17, 1838, Lucas re- 158 ROBERT LUCAS ceived official notification of his appointment from Secretary of State John Forsyth; and on that same day he answered, accepting the office and stating his intention of starting in a few days for his new post.120 In the years that Robert Lucas had spent in Ohio the spirit of the frontiersman had not left him. He had seen the State grow up from a wilderness with only here and there a solitary settlement to a Commonwealth of over a million people and hundreds of thriving towns. With his own axe he had helped to cut the early roads and lay the first bridges. With the surveyor's chain he had tramped over miles of trackless prairie and marked county lines. In the legis lature and in the executive chair he had strug gled year after year for the improvement of the roads and the construction and completion of the great canals that belt the State. Robert Lucas had, indeed, spent the best years of his life in the growing Commonwealth of Ohio; but in the meantime the frontier with its rough honesty and its rugged charms had not lingered. It had passed far out beyond the Mis sissippi. Toward this distant border line where the Indian still paddled up and down the streams and the wolf still howled at night by the lonely squatter's cabin Lucas now turned his face. 1836 — 1838 159 But to his wife Friendly, in whom the nomadic spirit of the Lucas family did not stir, the pros pect had less alluring charms. To leave Friendly Grove where all these years she had lived so happily, and take the long winding trail by water or land out to a haunt of savages and frontier settlers, seemed far from pleasant.121 It was finally agreed that Robert Lucas should go out alone to the new Territory and report his judgment of the country, while Friendly should stay for the present on the farm with the family. And so, on the twenty-fifth day of July, 1838, Robert Lucas, in the fifty-seventh year of his age, with his rugged spirit unbroken by the years of service, began his long journey to the far western country where sturdy men dared in spite of toil and suffering to plough the fields of the wilderness and build their habitations in places of loneliness. XVI From Ohio to Iowa For about five days Governor Lucas stopped at Cincinnati. Here, on Friday, the 27th of July, 1838, a young man called at his lodging-place, but did not find him in. Again on Monday he came with Mr. J. C. Avery, who introduced him to the Governor as Theodore S. Parvin. Mr. Parvin was a youth of only twenty-one years, with a legal education, a romance, and an eager desire to win his fortune in the far West. After making arrangements with the Governor to ac- , company him to the Territory of Iowa, he de parted to pack his books and bid farewell to his family, his friends, and his sweetheart. Before leaving Cincinnati Lucas attached to himself an other companion, a young man of about Parvin's age, named Jesse Williams. The story of these two men is for the next few years closely woven with that of their leader and friend, the Gov ernor. While in Cincinnati Governor Lucas, taking note of the fact that the Organic Act of the FROM OHIO TO IOWA 161 Territory of Iowa provided for an appropriation of $5000 for the purchase of a Territorial libra ry, made a selection of volumes which he deem ed suitable for the needs of a pioneer govern ment and left the list with Edward Lucas & Company, booksellers. It was in the afternoon of Wednesday, the first day of August, that Governor Lucas and his two young friends left Cincinnati and started on the long trip down the Ohio River on the steamboat Tempest.*23, The summer of 1838 was hot and dry and the river lay very low in its banks. In the morning they reached Louisville, Kentucky, where they landed and proceeded to visit the place. But the weather appeared to have oppressed the town ; business seemed dull and lifeless; and the party soon returned to the river and the little steamboat library. All day and all night they remained at the wharf listen ing to the roar of the falls below the town and fighting the swarms of mosquitoes that threat ened to devour them. With the morning they were off again and soon passed through the ca nal around the falls. At Louisville Jesse Wil liams secured some papers. In the perusal of these and the books in the library of the boat and with long chats they passed the time while the Tempest was dragging its slow course over n 162 ROBERT LUCAS the shallow flats of the great emigrants' water way. Often they sat together on the deck while the Governor, out of the rich sources of his long experience, told them of the early days in the State of Ohio — tales of the time when he who traveled must make his road as he went and build out of bark withed together the bridges for the streams he crossed. Now and then he would talk to them of their future on the fron tier and the things it held in prospect for them. Thus they read and talked and dreamed dreams while the boat moved slowly down the Ohio. It was a tedious voyage. Again and again the boat grounded on a bar and in company with other unfortunates lay to for hours at a time in a vain effort to disengage itself. Often they were under the necessity of transferring the en tire cargo, freight, baggage, and passengers to a large "flat" which accompanied them in order to lighten the steamboat. The patient passen gers perched themselves upon potato barrels bound for the south and fought mosquitoes in the hot sun, while over on the steamboat the -captain was endeavoring to coax his craft away from the mud bar. Sometimes when the bottom of the river ob truded itself so unobligingly upon the steam boat's keel the young men forsook the craft FROM OHIO TO IOWA 163 and, taking to the shores in the yawl, sought the refreshing joys of cool springs and melon patches. Now and then with the night came a shower; but morning brought again the warm sultry weather. Sunday, as they lay aground on French Island, passengers from other boats in the same predicament, and out of provisions, dined with them. While the hot August sun beat down upon them and the boat still clung to the bottom of the river the ice gave out. But at last after the usual process of unloading they swung clear again and pursued their way. At every opportunity the passengers were glad to land and hunt for cool water; and when Jesse Williams or some other excursionist brought back ice to the boat he was universally blessed. But the days went by and with them the shores of Indiana and Illinois. The Governor passed much of the time in reading, spending hours over Buckland's Geology. Parvin, who in those days of his youth kept a daily journal, records many interesting incidents of this mem orable trip. He describes Governor Lucas as "advanced in years (57) wears double glass specks, of good size, well formed erect and pre senting a fine appearance of social qualities, plain and unassuming almost to a fault active and of business habits and well calculated for 164 ROBERT LUCAS the station he now holds which he will no doubt fill with honor to himself and country." The purpose of the Governor in taking with him Parvin and Williams seems to have been largely to help these young men in getting a start. Although Parvin never was connected with Lucas in any official capacity, he acted as his Private Secretary and performed some of the clerical duties of the executive office while waiting for clients to bring him a law practice. Williams also seems to have assisted at times in the executive office, and was employed by Lu cas as Messenger in connection with Indian af fairs.123 On the boat the two younger men were thrown much together; and while the Governor pursued his reading they engaged in many long conversations ranging from wondering specula tions about the life in Iowa to animated discus sions of the usual amusements of young persons, which Parvin heartily disapproved and Williams as strongly favored. On the eleventh of August, after ten days of alternate progress and enforced idleness, they came in sight of the Mississippi and entered its turbid waters with a feeling of great joy. That evening the passengers held a meeting, with Lucas as chairman and Parvin as secretary; and, as was the custom in the days of early steam- FROM OHIO TO IOWA 165 boating, they drew up resolutions expressing their appreciation of the efforts made during the voyage by the officers of the boat. All the next day, which was Sunday, the boat made its way up the Mississippi, reaching St. Louis early on Monday morning. Here they paused and spent the forenoon vis iting friends and seeing the sights of this west ern center of migration. In the afternoon they were under way again with the boat's band play ing and all thoughts on the approaching end of the long journey. Past Alton and Quincy they went, past Warsaw and the mouth of the Des Moines River; and about half past five on the 14th of August they saw for the first time the shores of the Territory of Iowa. To Robert Lucas, as he drew near to the land of his final adoption, there must have come many conflicting thoughts. For the third and last time his lot was to be cast with the forerunners of the nation's civilization. He had always been a pioneer. It was in his blood and in his race. By the shores of the Shenandoah River, away back in the Old Dominion, he had first opened his eyes upon a frontier environment. A score of years passed quickly by and when the encroach ments of civilization had dotted the Shenandoah Valley with the habitations of a well organ- 166 ROBERT LUCAS ized society, he had traveled out along the trail of the pioneer emigrant until he found, on the shores of the Ohio, the border line of westward progress. In this new land he had spent a third of a century. From the fastnesses of an unpeopled wilderness he had seen the rise of a great State whose roads, laws, and history he had helped to make. But while he had busied himself with affairs of state, the pioneer conditions had once more escaped him. Each year had found the squatter's cabin, the restless tribes of Indians, and the receding forests a little nearer the set ting sun. And now the lure of the untamed frontier had led him out to the border line beyond the Father of Waters. Two warm and weary weeks he had spent on the winding waterway. He had left behind him the settled ways of established civ ilization. He had overtaken once more the far- flung outskirts of the nation's growth. As Lucas and the little band of passengers gathered to look upon the promised land, the clouds grew darker, and the rain that had for some time been falling beat down upon the steamer and ran in little rivulets across the deck. The Tempest lay to and waited for kinder weather and fairer skies. FROM OHIO TO IOWA 167 About eight o'clock on the morning of the 15th of August, 1838, they arrived at the wharf of Burlington in Iowa Territory. Crowds of citi zens were there to greet them. William B. Con way, the Secretary and Acting Governor of the Territory was there. Prominent townsmen came to bid the Governor welcome, and less prominent townspeople to satisfy their curiosity. It was an erect and dignified figure that step ped from the steamer to the wharf on that sum mer morning. He was about five feet ten inches in height, though he probably seemed taller because of his straight military bearing. His thick wavy hair, dark in his younger days but grown white in the course of years, was combed straight back from a high forehead. Blue eyes set deep beneath shaggy overhanging eyebrows, a long and slightly aquiline nose, and a straight firm mouth gave a rather severe expression to his thin face. Though the years drew wrinkles between the beetling eyebrows and tightened the lines about the stern mouth, they failed to dim the flash of those intense blue eyes. He had passed middle age when he came to Iowa; yet little of the vigor and relentless energy of his youth had left him; and one at least of those who met him at the wharf was destined to realize that he was not a man to be dealt with lightly. XVII Secretary Conway Governor Lucas and his little party took lodg ings at the Burlington House. Here an invita tion was tendered, signed by James W. Grimes, James Clarke, and others of a committee, ask ing him to a public dinner to be given in his honor at such time as he should see fit. Lucas replied at once, thanking them; but asked that the dinner be postponed until after his return from a trip he must make on official duty to the northern part of the Territory. That same afternoon he began his work as the Chief Executive of the Territory. Secretary Con way, who had arrived nearly a month before, had taken upon himself the office of Acting Gov ernor, according to what he deemed to be the intent of the provisions of the Organic Act of the Territory. By the time Lucas arrived Conway had written certain letters, issued a proclamation, and was planning other official duties as Acting Governor. Some of these documents Governor Lucas when he entered office sanctioned and had SECRETARY CONWAY 169 recorded in his Executive Journal.™ On the afternoon of his arrival the Governor issued a proclamation providing for the election of mem bers of the Territorial legislature.125 In order to understand the condition of affairs upon the arrival of Governor Lucas in the Ter ritory of Iowa, it is necessary to review some of the events of the preceding months. On June 12, 1838, an act of Congress was approved which divided the original Territory of Wisconsin and established, out of the country west of the Mis sissippi River, the Territory of Iowa. The peo ple of the new Territory were naturally interest ed in the appointment of their Territorial officers by the President of the United States. Several names were suggested by the local newspapers for the office of Governor, most prominent among them being Henry Dodge and George W. Jones, who at the time were Governor and Delegate to Congress respectively for the original Territory of Wisconsin.126 Neither of these gentlemen, however, receiv ed the appointment, although George W. Jones seems to have been allowed to name a large pro portion of the President's nominees for the Ter ritorial offices.127 While the negotiations were going on for the Governorship, the appointment of Secretary of the Territory was made without 170 ROBERT LUCAS the least delay. William B. Conway had for some years conducted a Democratic newspaper in Pennsylvania, and with considerable partisan spirit had labored for the political success of An drew Jackson and Martin VanBuren.128 On the day after the Organic Act was approved, a com mission was made out in favor of Conway as Sec retary of the Territory of Iowa. The appoint ment was at once accepted. On the 21st of June, 1838, Mr. Conway wrote to the Secretary of State asking if he might not visit Washington on his way to the new Terri tory. Secretary Forsyth replied that the Terri tory was to be organized on the third of July, at which time the presence of the Governor and Secretary or of one of them would be required. He spoke of the delay occasioned by the uncer tainty regarding General Atkinson and empha sized the importance of incurring no delay which would render his arrival by the 3rd of July at all doubtful.129 Whether Conway made his visit to Washington or not is unknown; but the fact remains that he did not reach Iowa Territory until the twentieth of July, on which date — near ly three weeks after the time set for the organ ization of the government — he arrived at the town of Burlington. Three days later he took the oath of office be- SECRETARY CONWAY 171 fore Judge Irwin. For nearly three weeks the Territory had endured an interregnum without serious calamity, and there was little reason to anticipate any need for the exercise of the Gov ernor's prerogative before Robert Lucas should arrive. The Organic Act, however, provided that "in case of the death, removal, resignation, or necessary absence of the Governor from the Ter ritory, the Secretary shall have, and he is here by authorized and required to execute and per form all the powers and duties of the Governor". Interpreting the delayed arrival of the Executive as a technical "absence" and, perhaps, finding an implication in the desire of Secretary Forsyth that he should be in the Territory by the 3rd of July in the event of the Governor's delay, Con way felt authorized to assume the Governor's of fice. He immediately began operations as Act ing Governor of the Territory of Iowa. The assumption of the Governorship by Sec retary Conway was legal; and if he had executed it in a judicious manner, attending only to that which required immediate action and postponing other matters until the arrival of Governor Lu cas, his course would have given no cause for objection. But Mr. Conway was young and he was ambitious. Nor had he any experience in public office. This opportunity for the brief ex- 172 ROBERT LUCAS ercise of authority seems to have carried him be yond the limits which a wiser and more exper ienced judgment would have prescribed. On the same day that Secretary Conway took his oath of office there occurred a meeting of the Burlington bar. This meeting took under con sultation the division of the Territory into judicial districts and the time of holding courts. After adjournment they reported their suggestions to Secretary Conway. Two days later, the 25th day of July, Conway as Acting Governor issued a proclamation dividing the Territory into dis tricts for judicial purposes, assigning a judge to each district, and designating the time at which the court in each county should be held. The following extract from a letter written by Conway on the same day that he issued this first proclamation and addressed to Governor Lucas at Burlington is rather significant: "Inasmuch as your arrival, at this place [Burlington], is daily expected, it is deemed proper to inform you, that any communication you may think proper to make will reach me at Dubuque, to which place I am about to proceed, by the next boat. "130 In view of the fact that the arrival of Lucas was "daily expected", it would seem that, Conway might have been less impetuous in the issuing of an executive proclamation, particularly SECRETARY CONWAY 173 one regarding the holding of courts, the earliest of which was not to convene until the second Monday of September. His letter to the Governor was, however, very courteous. In it he mentioned the "strong local expectations", jealousies, and rivalry that exist ed in several places along the river as regards the temporary location of the capital; and sug gested visiting the towns as far as Dubuque be fore deciding the matter. He also stated that in expectation of the Governor's arrival he had suspended the apportionment of the Territory through proper deference to the superior judg ment of Lucas. Conway proceeded up the river to Davenport where he became intimate with Antoine LeClaire, Colonel Davenport, and other prominent citi zens. Charmed with the town and flattered by its inhabitants he made Davenport his home, and with the exception of the periods of legislative sessions lived there until his death in November of 1839. It is only natural that, influenced by his friends and fellow townsmen , he should have been anxious to have Davenport made the capi tal of the Territory; and the statement is made that he assured persons in Davenport that this would be done.131 During the first two weeks of August (before 174 ROBERT LUCAS the arrival of Lucas) Conway continued his per formance of executive duties, commencing nego- tations, among other things, for the appointment of a Commissioner to confer with Commission ers representing the United States and the State of Missouri regarding the southern boundary line of the Territory. When Governor Lucas arrived at Burlington he found the Acting Governor about to issue a proclamation apportioning the Representatives and ordering an election. Con way handed to the Governor the copy of his proclamation and left for Davenport within an hour after the arrival of Lucas. 132 These peculiar conditions, which existed at the beginning of the Territorial government, formed the foundation for a bitter quarrel be tween the Governor and the Secretary and in tensified the later quarrel between the Governor and the first legislature. Governor Lucas with his long years of experience in political office looked upon the conduct of the young Secretary as a most uncalled for presumption and was great ly incensed thereby. On the other hand, Sec retary Conway, young, inexperienced, and high ly ambitious, having enjoyed a few weeks of executive authority, was deeply humiliated at being relegated to the more humble position of Secretary under a cloud of executive displeasure. SECRETARY CONWAY 175 One of the first duties of the Executive was to locate the temporary capital of the Territory. In order to make a judicious choice, Governor Lucas determined to follow Conway's suggestion and visit the principal towns along the river. On Saturday afternoon, August 18, the Gover nor together with his two "aids" (as he often called them) left on the steamboat Knickerbock er for Dubuque. At this place he was royally entertained. Mr. Langworthy took him for a drive Monday afternoon, and Judge Wilson and John King and others opened their homes to him. On Friday, after nearly a week of enjoy ment, they left for Galena. While riding across the country in the stage they met George W. Jones, who was on his way to Dubuque to see the Governor. The woes of pioneer traveling still visited them, and in consequence of a break down of the stage they proceeded on foot until they reached the house of George W. Jones at Sinsinnawa Mound. They paid a short visit to Galena and then journeyed back to the Missis sippi and down stream to Davenport, where Con way met them at the bank. Here they Sunday - ed and lingered till Tuesday when they again took the stage which again broke down before they had traversed the few miles between Daven port and Rockingham. With short stops they 176 ROBERT LUCAS passed on from Rockingham to Bloomington; and at daybreak of August 30th reached Burling ton.133 The trip up the river and the examination of the advantages of the various towns resulted in the choice of Burlington as the temporary capi tal of the Territory. Here Lucas settled down on the day of his return and busied himself with executive duties. Commissions were to be is sued, officers appointed, and numberless arrange ments to be made before the meeting of the first legislature. The Secretary of the Territory, whose duty it was to make preparations for the meeting of the legislature, was at Davenport. On September 5th Governor Lucas wrote to him : "I have procured me an office and have bespoke an adjoining room as an office for you, as it will be convenient to have the executive office near the Sect? I would be glad to see you at this place. I am anxious to commence official duties in a regular manner, which cannot be done un til the Sec? is present." He also spoke of the need of procuring sta tionery for the use of the legislature and sug gested that Mr. Parvin, who was expecting to start for Cincinnati in a few days, should pro cure at that place such supplies as Conway should see proper to authorize. On the same day Con- SECRETARY CONWAY 177 way wrote to Lucas asking to be allowed to choose a room for himself in order that he might find an apartment with a bed in it. He stated his intention of being in Burlington shortly af ter the election. He did not, however, leave home for Burlington until October 20th. On September 27th he wrote again from Davenport submitting bids for the furnishings of the legis lative halls and asked the Governor to interview the bidders, secure further information, and com plete negotiations. He speaks of the sickness of his wife, and this may have been the reason for his delay. Meanwhile Parvin had started for Cincinnati. As he passed Davenport on his way up the riv er Conway came aboard; and the Secretary of the Territory and the Private Secretary of the Governor had a not eminently satisfactory inter view on the way to Galena over the subject of supplies for the Territory. Secretary Conway refused to sanction the purchase of goods by Parvin. In consequence of this, Governor Lucas requested a conference with the Secretary of the Territory to arrange the matter. Conway describes the conference afterward in these words : "The Secretary was obliged to put out on board of the old steam Boat 'Science,' when the water was low, the weather warm, the mosquitoes furi- 12 178 ROBERT LUCAS ous, the crew sickly, and the provisions scarce: In this situation he had to weather it out for four nights and three days, in a passage from Rock Island to Burlington; and all on account of this stationery; — all because the person last named in your resolution [Parvin] was going to Cincinnati, and because Governor Lucas, there fore thought stationery could be had 'cheaper' at that place."134 The matter was arranged and instructions were sent to Parvin to procure the supplies. He was also entrusted with the task of shipping to the Territory the library of books which Governor Lucas had selected in Cincinnati while on his way to Iowa.135 The extremely low water in the river prevented the materials being sent to the new Territory for some time, which occasioned further statements of dissatisfaction from the Secretary of the Territory. The election for the new members of the First Legislative Assembly occurred on September 10, 1838, the day fol lowing Parvin' s departure for Ohio; and on No vember 12, 1838, the legislators convened in Zion Church at Burlington. XVIII The First Legislative Assembly The First Legislative Assembly of the Territory of Iowa was a characteristically pioneer body. The members were mostly young men, almost a third of the number being under thirty years of age. They were, naturally, for the most part farmers. In the House of Representatives nine teen out of the twenty-six members followed this occupation. There were in the entire list of thirty-nine legislators only four lawyers. Among the others were merchants, physicians, a gun smith, a miner, and a retired army officer. As legislators they had little experience; but there were some who afterward attained considerable prominence in the State and nation — notably James W. Grimes and Stephen Hempstead, both of whom became Governor of the State of Iowa. Grimes was at this time but twenty -two years of age, while Hempstead was four years older.136 On the first day of the session, November 12, 1838, Governor Lucas read his first message to the legislature. It was a noteworthy document.137 180 ROBERT LUCAS It was the message of a man advanced in years and experienced in politics to a body of men of untried years and for the most part little versed in the art of government. It was backed by the knowledge gained from the weals and woes of four years as Governor of a great State. It was in many respects in advance of the times. The number of children in the Territory of Iowa was not great at this time, and so the need for a well organized system of public schools was not generally appreciated. But Lucas with a far sighted view of the Territory's growth urged the attention of the early legislators to this need. "There is no subject", he said, "to which I wish to call your attention more em phatically, than the subject of establishing, at the commencement of our political existence, a well digested system of common schools". The compilation of a code of criminal law was also strongly urged. In connection with this subject Governor Lucas had the courage to give expression to an opinion which was later the cause of much hostility. He arraigned the two vices of gambling and intemperance in se vere terms. "These two vices", he said, "may be considered the fountains from which almost every other crime proceeds . . . They have pro duced more murders, robberies and individual FIRST LEGISLATIVE ASSEMBLY 181 distress, than all other crimes put together . . . Could you in your wisdom devise ways and means to check the progress of gambling and intemperance in this Territory, you will per form an act which would immortalize your names and entitle you to the gratitude of posterity." This recommendation he reenforced by the statement of his intentions in regard to appoint ments. "I shall at all times pay a due respect to recommendations; but cannot conscientiously nominate to office any individual of bad moral character, or, that may be addicted to intemper ance or gambling, if known to me. These vices are so contaminating in their character, that all public officers in my opinion should be clear of even a suspicion of being addicted to them." This was bold doctrine indeed to preach to a body of men many of whom were themselves addicted to these contaminating vices. A short time before the meeting of the legis lature Cyrus Jacobs, a member elect of the Leg islative Assembly, had as a result of a political quarrel been shot and killed in the streets of Bur lington by David Rorer, a prominent lawyer of that city. Lucas made it the occasion of a stern censure of the practice of wearing concealed weapons. "The recent transaction in this city," he said, "that deprived the Legislative Assembly of 182 ROBERT LUCAS one of its members elect, as well as all other trans actions of a similar character, should meet with the indignant frown of every friend of morality and good order in community; and the practice of wearing concealed about the person, dirks, pistols, and other deadly weapons, should not only be considered disreputable, but criminal, and punished accordingly. There certainly can not be a justifiable excuse offered for such a practice; for in a civil community, a brave man never anticipates danger, and an honest man will always look to the laws for protection." Whether influenced by this rebuke or not, David Rorer was thenceforth a most bitter enemy of the Governor. In this first message the Governor also rec ommended the efficient organization and disci pline of the militia for defense against possible Indian attacks. He advised the appointment of three commissioners to choose the permanent seat of government; and urged the compilation and enactment of a complete code of laws for the Territory. The financial policy of Governor Lucas is worth noting. "In disbursing the ap propriation," he said, "we would avoid parsi mony in its application to defray necessary ex penses; but at the same time should use strict economy, and be careful in our expenditures FIRST LEGISLATIVE ASSEMBLY 183 never to exceed the appropriations made by Congress." Thus, with sane advice, experienced counsel, and courageous warning the first Leg islative Assembly of the Territory of Iowa be gan its labors. But the session was marked with bitterness and strife, and adjournment was attended with an open rupture between the Gov ernor and the legislators. By the Organic Act the Governor was made an integral part of the legislative department. "The legislative power shall be vested in the Governor and a Legislative Assembly," and the Governor "shall approve of all laws passed by the Legislative Assembly before they shall take effect". It was a position of great power and influence. Governor Lucas had by no means crossed the line of settled civilization to accept an office of inferior rank. As Governor of Ohio he had not been allowed even the vestige of a veto power; he had enjoyed but little appointive power; and his salary was limited to $1000. As Governor of the Territory of Iowa he had abso lute veto power on legislation, large appointive powers, and received an annual salary of $2500 — $1500 forhis duties as Governor and $1000 as Superintendent of Indian Affairs. In Ohio the power of the executive was too limited. In Iowa it may have been too great. And the re- 184 ROBERT LUCAS suit was political jealousies and constant strife until the Organic Act was amended. The very inauguration of the Territorial gov ernment had been attended with unfortunate re lationships between Governor Lucas and Secre tary Conway, and before the first month of the legislative session had expired Secretary Conway had involved himself in a controversy with the Legislative Assembly. During the second month he had made his peace with the legislature, but had broken with the Governor. Before the close of the third month and the adjournment of the session, the Legislative Assembly with the able assistance of Secretary Conway had be come involved in a dispute with the Governor which resulted in an unsuccessful effort to per suade the President of the United States to re move Robert Lucas from the executive chair. The story of these three controversies constitutes very largely the history of the First Territorial Assembly. The trouble between Conway and the Legis lative Assembly began late in November, 1838. The members of the Council finding themselves lacking in certain articles necessary or convenient for their use passed resolutions asking the Sec retary of the Territory to provide them with knives, tin cups, and some other articles of a FIRST LEGISLATIVE ASSEMBLY 185 like nature. Secretary Conway replied with a communication in rather flippant and ironical language which greatly offended the dignity of the Council.138 The communication was referred to a committee; and the report of the committee, characterizing the communication as lacking in respect, and assuring the Secretary that "the present Legislature will not tamely submit to the insults and derision of any officer of this Territory", was adopted by the Council with no dissenting votes. Meanwhile Conway had learned of the opinion which the Council held in regard to his reply, and before the report was presented he suggest ed to members of the committee that they should inquire formally of him ' ' whether any disrespect was intended by said communication?" He also repeated this suggestion in a written note to the committee. But the Council evidently felt it beneath its dignity to ask for explanations or to make inquiries regarding the animus of the Secretary, for it paid no attention to the note. The report of the committee, beside taking ex ceptions to the tone of Conway's reply, proceed ed to arraign him for negligence in providing for the comfort and convenience of the Assembly and complained that "great pains were taken to prevent the Merchants and citizens of Burling- 186 ROBERT LUCAS ton from crediting the officers of the Council and House of Representatives of this Territory, for small articles necessary for their use and the Hon Secretary of the Territory was understood to intimate that accounts made by the officers of the legislature, would not be paid by him." The Secretary denied the charges but added: "It must be known, that the Secretary, as the disbursing officer of the Territorial Government, would not allow every man who might be, or might call himself 'an officer of the Legislature,' to go and deal with whom he pleased, and for what he pleased without the restrictions imposed by a specific order." Greatly incensed by the refusal of the Council to rescind their vote of censure, the Secretary proceeded in turn to solemnly arraign the Council. He finally threatened that, unless the resolutions were withdrawn from the Journal, he, as Sec retary, would refuse to certify to the authenticity of the record when he transmitted his copy of the proceedings to Congress. The quarrel was finally settled amicably, all communications re lating to the matter were withdrawn from the Journal, and Conway, having made his peace with the Council, joined forces with the General Assembly in opposition to the Executive of the Territory.139 XIX Territorial Expenditures The quarrel between the Governor and the Leg islative Assembly was precipitated by the prob lem of Territorial expenditures. In his message to the legislature at the opening of the session, Governor Lucas had recommended strongly the practice of strict economy and the desirability of never exceeding the appropriations made by Congress. This wholesome advice was not alto gether palatable to a class of younger men in the Territory who seemed to feel that since the United States Government was paying the bills, the opportunity of spending should be freely used.140 Thus the policy of expenditures early became a problem difficult of settlement. In accordance with the proclamation of the Governor the Legislative Assembly met on the 12th day of November, 1838. Two days later a resolution passed by the House of Represen tatives regarding the expenditure of money was handed to the Secretary of the Territory. Sec retary Conway, after consulting with the Gov- 188 ROBERT LUCAS ernor, replied to the House in a detailed com munication which is worthy of careful notice.141 The Organic Act of the Territory of Iowa made the following provision in regard to the public expenditures: "There shall also be ap propriated, annually, a sufficient sum, to be ex pended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental ex penses; and the Secretary of the Territory shall annually account to the Secretary of the Treasury of the United States, for the manner in which the aforesaid sum shall have been expended."142 Secretary Conway, after quoting this provision, proceeded to outline his views upon the expen diture of the public funds. The warning of the Governor against overstepping the. limits set by Congress evidently did not impress him greatly, for he wrote: "that we are bound to limit our necessary and proper expenditures by the Con gressional appropriation, is an opinion from which I feel reluctantly constrained to withhold my assent". This vital difference of opinion in respect to the public finance of the Territory boded ill for the peace and harmony of the Ter ritorial administration. TERRITORIAL EXPENDITURES 189 Conway thought it advisable, however, that a general law should be enacted by the Legislative Assembly providing specifically for the items of expense in the Territory and the manner in which the funds should be expended. He enu merated the several points upon which pro vision should be made. Among them he men tioned the provision for the number of clerks and officers of the Legislative Assembly and the specification of the salary per diem that they should receive. He also recommended a pro vision for a sufficient sum to pay for the rent and furniture of the Governor's office and of the Secretary's office, "together with a sufficient sum to pay the perquisites of the latter, in preparing the laws and superintending their publication and distribution — allowing him a frank at all times, for letters and documents to every part of the Territory." But later when Governor Lucas presented to him a bill for furniture in the executive office, he refused to pay it, claim ing that it should come out of the Governor's contingent fund. A bill of the nature suggested by Secretary Conway was introduced into the House and was known as "Mr. Frierson's Bill"; but it failed of passage. Meanwhile the two houses had been consider ing their needs in the way of legislative clerks, 190 ROBERT LUCAS janitors and sergeants-at-arms. Altogether there were but thirty-nine legislators — thirteen in the Council and twenty-six in the House. It would seem that so small a body of men, convened in a church in the frontier town of Burlington for the purpose of legislating for a pioneer Territory, would not need a great many assistants. Yet the Legislative Assembly saw fit to provide it self with clerks, janitors, firemen, and sergeants- at-arms to the extent of twenty-three officials to wait upon the thirty-nine representatives of the people of the Territory. In other words, the Territory of Iowa, with a legislature hardly more than a third as large as that of the State of Ohio, had a body of legislative attendants four or five times as numerous. Lucas later pointed out the fact that whereas the salaries of the legislative officials of the State of Ohio, being fixed by statute, would, for a seventy-five day session, amount to $1200, the salaries for these officers of the legislature of the Territory of Iowa dur ing the first session amounted to $6150.143 The members of the Legislative Assembly were well aware that the Governor would never give his approval to a bill authorizing so many assistants; and so they determined to ignore the legislative prerogative of the Governor. They passed a resolution determining the number of TERRITORIAL EXPENDITURES 191 officials and fixing their salaries at from three to six dollars per day. The resolutions directed the Secretary of the Territory to pay these sal aries upon the presentation of certificates signed by the presiding officer and chief clerk of the house which the individual served. But, con trary to universal practice and interpretation in regard to joint resolutions, they did not submit the measure to the Governor for approval, but regarded their own action as final. In accordance with this unapproved resolution a certificate enti tling Samuel W. Summers to pay as sergeant-at- arms was presented to Conway for payment. The Secretary, unwilling to take the respon sibility of performing his duties upon insufficient vouchers, was yet anxious not to cross the Leg islative Assembly. Possibly, too, he was glad of a chance to array the Governor and Assembly in opposition. At all events he shifted the bur den to the executive shoulders by asking the advice in writing of Governor Lucas. In his letter he stated that his only object was "to en quire whether your Excellency would consent to give me a written opinion on the subject stat ing whether the certificate in question, is or can be legally. regarded as a sufficient voucher, in set tling my accounts with the Treasury Depart ment of the United States." 192 ROBERT LUCAS Governor Lucas replied immediately. He stated his belief that inasmuch as the Organic Act provided that the legislative power should be vested in the Governor and Legislative As sembly, and inasmuch as it expressly specified that the Governor should approve all laws passed by the Legislative Assembly, the joint resolution not being presented to the Governor or receiv ing his approval, was without legal authority. The certificate would, therefore, not constitute a satisfactory voucher. For the same reason he held that the officers named in the joint resolu tion were legally unknown to the general gov ernment. This answer to the Secretary's inquiries Con way at once sent to the legislature for its con sideration. It had been written not for the Leg islative Assembly, but for the Secretary in re sponse to a request for advice to guide him in the performance of his duties as disbursing agent of the Territory. But the submission of the letter to the Legislative Assembly permitted the Secretary to withdraw and watch the melee" which he well knew would result from his action. On December 7, 1838, the legislature took the communication under consideration and voted (by joint resolution again) to adjourn until the tenth, but meanwhile to meet the next morning TERRITORIAL EXPENDITURES 193 "in convention" (Governor Lucas being asked to attend) and discuss the matter. On Saturday morning in pursuance of the call the convention met. Governor Lucas, however, was not there. Much eloquence seems to have marked the session of this "friendly confer ence".144 Stephen Hempstead, as chairman of a committee appointed to draft resolutions to sub mit to the convention, reported a preamble and several resolutions. They contained the follow ing statements: Whereas, the Executive has not only neglected to attend, but has withheld all communications from this convention, not even assigning his reasons for failing to attend : And whereas the Governor of said Territory in a communication to the Hon. William B. Conway, of the 6th of December, 1838, declared that the Legis lative Assembly of this Territory, had no vested power independent of the Governor — that a joint resolution of both Houses was destitute of legal authority — and that the Officers of the Legislative Assembly were legally un known to him. Therefore be it resolved by the Council and House of Representatives in Convention Assembled, lst. That the Governor of this Territory is not in vested by the Organic law with advisory and restrain ing powers over the Legislature, further than the nom ination of Territorial officers as provided by law, nor restraining power further than the disapproval of bills, resolutions and memorials presented for his signature. This last sentence is significant. It concedes 13 194 ROBERT LUCAS the power of the Executive to veto all bills, res olutions, and memorials presented for his signa ture, while it implies the power of the Legis lative Assembly to withhold certain bills and only send in for his approval such as it desired. Such a power had never been given to the legis lature. The Organic Law specifically stated that the Governor should approve all laws be fore they took effect; and if the legislature made the concession involved in their first resolution it was virtually conceding the entire ground. The convention had been called for a "friendly conference". Its proceedings consisted of a spirited discussion of the Governor's communi cation to Conway. The opposition to the Ex ecutive was led by Stephen Hempstead and James W. Grimes. On behalf of Governor Lucas, Gideon S. Bailey and John Frierson took the floor. And the Honorable Secretary Conway was also present and delivered an address justi fying himself for communicating the opinion of Governor Lucas to the Legislative Assembly. It is not necessary to dwell in detail upon the arguments of the gentlemen. Messrs. Hemp stead and Grimes confined themselves largely to an arraignment of the Governor for overstepping the bounds of his delegated authority and at tempting to reduce the powers of the Legislative TERRITORIAL EXPENDITURES 195 Assembly. Mr. Bailey and Mr. Frierson, on the other, hand, protested that in no way had the Executive made an attempt to override the powers of the legislature. A careful examination of the facts seems to justify their protest. Governor Lucas had not vetoed the resolution for it had never been pre sented to him. He had not even said he would veto it. He had sent no communication con cerning it to the Legislative Assembly. He had simply given to the Secretary, upon request, his opinion that the certificate based upon the joint resolution did not constitute a sufficient voucher. Lie was exercising no executive prerogative in opposition to the resolution, nor was he attempt ing to control the Secretary in his actions. The resolution had not come to him officially; there fore, officially he had nothing to do with it or with the Legislative Assembly in relation to it. As regards Conway, Lucas had simply given him advice upon request. As Lucas stated in his opinion, the Secretary was the disbursing agent of the Territory and responsible to the United States Treasury for the expenditure of funds. He was free to spend money upon what ever vouchers he chose, and the letter of Lucas constituted no restraint upon his powers. It was purely an advisory act between the Govern- 196 ROBERT LUCAS or and the Secretaiy of the Territory; and whether or not Lucas afterward gave permission for the transmission of the letter to the legisla ture in no way altered or affected its purpose or official character.145 So much for the executive standpoint. A word as to Conway is necessary. The Secretary of the Territory was made by act of Congress the disbursing agent of the Territorial Govern ment, and he must annually render an account to the Secretary of the Treasury for the expen ditures of the public funds appropriated by Con gress. Being, then, responsible for his accounts it was clearly his place to determine what he should consider a sufficient voucher for his payments, and to refuse to honor any other. Such refusal, however, would in this case bring him in conflict with the Legislative Assembly; and, remember ing his late experience with that body, he wish ed to avoid any repetition of difficulties. Know ing well the opinions of Governor Lucas upon the subject, he was shrewd enough to see a way to preserve the good will of the Legislative As sembly by involving the outspoken Executive in the dispute in his behalf, and then letting him bear the consequences. Thus he might be able to protect his credit with the United States gov ernment and at the same time transfer the storm TERRITORIAL EXPENDITURES 197 of wrath from himself to the Governor of the Territory. The action taken by the Legislative Assembly was the first step in a long struggle which, on their part, seems to have been due to three causes: their attitude toward public expendi tures; their idea of their own position in the gov ernment; and their determination to be the dom inating power in the Territory. The members of the Assembly were little in clined to look with favor upon economy in pub lic expenses and shared with, the Secretary the opinion that the Territory need not limit itself to the Congressional appropriation. The warn ing of the Governor against extravagance in ex penditures had little weight with them. In regard to their position in the government they seemed to forget that they were legislators of a Territory, not of a State, and that they could not expect to pursue their course regard less of the official representative of the United States government. They did not seem to re alize that Congress had passed the Organic Act advisedly and had intentionally made the Gov ernor an integral part of the legislative depart ment, with the definite purpose of imposing a check upon the Territorial legislature. The Or ganic Act was the fundamental law of the Ter- 198 ROBERT LUCAS ritory and should have been sustained regardless of any possible feeling on the part of young or inexperienced legislators that their dignity had been injured. Finally, the fact was patent that the control ling faction of the Legislative Assembly had come to the determination to make itself the dominating power in the Territory and to pur sue its own policy upon the expenditure of funds or upon any other question that might arise. The members of the convention for a "friendly conference", having, after much discussion, pass ed the preamble and resolutions, closed their ses sion and met again in their official capacity as a Legislative Assembly. They had adjourned the only body that had any right to take any official action, had met in an unofficial "convention" and passed resolutions regarding a communica tion from a Federal officer — a communication which had never been intended for them, but for an entirely different department of the Ter ritorial government. On December 13, the houses each passed res olutions instructing the Secretary of the Terri tory to pay the specified salaries. In the House of Representatives a certificate signed by the Speaker and Chief Clerk and in the Council the resolution itself were declared sufficient vouchers TERRITORIAL EXPENDITURES 199 for such expenditure. How much these declara tions really meant appeared later. Reassured by these resolutions Conway, on the 15th of December, sent a long communication to the legislature.146 He reviewed the entire matter and informed the members that "from a calm, impartial and considerate examination of the case, the Secretary concurs in the principle for which the Legislature contends; and he is therefore constrained, by the force of conviction, to dissent from the opinion of the Governor." He closed by stating his intention of paying the salaries as provided for by the two houses. Thus, this first episode of the legislative struggle ended with the Secretary and Legisla tive Assembly (so lately in controversy over pen knives) banded together in a firm alliance against the Governor of the Territory. XX The Executive Veto The events recounted in the last chapter consti tuted only the beginning of the legislative strug gle. Before matters between the Legislative Assembly and the Executive became critical the Governor and Secretary Conway had come to an open rupture. With every day their rela tions had become more strained. Time had by no means softened the bitterness of feeling en gendered by the unfortunate condition of affairs at the opening of the Territorial government. Secretary Conway, chafing under the necessity of exercising a subordinate office after his brief career as Acting Governor, systematically at tempted to magnify the office of Secretary to a place coordinate and equal with that of Govern or. He referred to his office as a "Department" in his official correspondence, and with great assumption of dignity spoke of communications to his "Department" from the Executive or from the Legislative Assembly. Occupying a room adjoining the office of Lu- THE EXECUTIVE VETO 201 cas, he yet attended to none of the duties in connection with the Executive Office required of the Secretary by the Organic Act. Prominent among these duties was that of recording and preserving all the acts and proceedings of the Governor in his Executive Department. The acts and proceedings were recorded, but not by Conway. Lucas himself, as the manuscript of the Executive Journal shows, copied in his own peculiar handwriting a very large proportion of the records, and most of the remainder seems to have been transcribed by Jesse Williams. Thus the work for which the Secretary of the Territory was appointed and paid fell very large ly to the lot of the Executive of the Territory.147 In many other ways the assumption of authority and neglect of duties by the young man in the Secretary's office aroused the anger of the white haired Governor of the Territory. While it is impossible as well as unjust to judge with absolute certainty Of a man's motives, yet the letters and actions of Secretary Conway lend color to the charge made against him by his contemporary, James Clarke (at the time editor of the lotvd Territorial Gazette), that Conway was anxious to have Lucas supplanted, hoping that his own appointment as Governor of Iowa might follow.148 202 ROBERT LUCAS The constant recurrence of aggravating actions on the part of the Secretary seems to have pro duced in the Governor a chronic irritability which disturbed official negotiations and caused him to take measures and assume attitudes that he probably would not have done under ordinary circumstances. With this condition of affairs, it is not surprising that the feeling between the two officers of the Territory soon resulted in a definite break of friendly relations. The crisis in the intercourse between the Gov ernor and the Secretary occurred in the latter part of the month of December, 1838. As will be remembered, Secretary Conway in his first recommendation to the Legislative Assembly regarding expenditures suggested the passage of a bill providing specifically for the various items of expense for which as disbursing agent of the Territory he was accountable. Among these he specifically mentioned the payment of a sum sufficient for the rent and furniture of the Gover nor's office. Now, however, when the Governor presented a bill for furniture the Secretary re fused to pay it, claiming that it should come out of the Governor's contingent fund of $350 — a fund provided for by the Organic Act "to be expended by the Governor to defray the contin gent expenses of the Territory". On the day THE EXECUTIVE VETO 203 after Christmas, Governor Lucas wrote the fol lowing letter to the Secretary: Sir. I wish you to inform me distinctly the reasons why you refuse to pay for the furniture put in the Execu tive Office out of the appropriation made by Congress — whether you consider the Executive Office separate and distinct from that of the Secretary of the Territory — and if so your reasons for this conclusion. I would also, wish to know whether you do or, do not intend to discharge the duty required of you by the Organic law relative to recording the acts and proceedings of the Governor in his Executive Department. Nothing of this kind has yet been done by you, and I think it time that this business was done. If it is not your in tention to perform these duties I wish to know it, that I can make a representation to the proper Department at Washington. I request an explicit and unequivocal answer to the above.149 Conway's reply was somewhat longer than the note written by Lucas. It covered nine close ly written pages of foolscap and gave what was certainly "an explicit and unequivocal answer". In regard to the first question he was of the opinion that the bill presented by Mr. Evans (for furniture) should have been paid out of the fund for the ' ' ' contingent expenses of the Terri tory', or out of the private coffers of the Execu tive himself"; and he takes great satisfaction 204 ROBERT LUCAS in adding that "this belief receives the fullest confirmation from a reference to the constitutional argument addressed, by your Excellency, to this Department, on the 6th inst. and to which your attention is very respectfully invited". Secondly, he replied that he did "consider the office of the Executive and that of the Sec retary as 'separate and distinct', and my 'reasons' for this conclusion may be found in the distinc tions taken between the respective powers, duties and responsibilities of the Governor and the Sec retary, in the provisions of the Organic law". With regard to the recording of the executive acts Conway said: In reply to this cross examination, I have the honor to inform your Excellency, that all "the acts and proceedings of the Governor, in his executive depart ment", which have been transmitted to this office, re ceived prompt attention; and these, together with those that may be transmitted hereafter, will be disposed of, in strict accordance with the provisions of the Act of Congress. Whether these papers shall be, or shall not be, transmitted to this office, is a question for the grand consideration of your Excellency; for it will not be pre sumed, that the Secretary of the Territory has the right, or if granted, could consent to exercise the right, of searching the Executive pockets, or rumaging the Execu tive office, for "acts and proceedings"; nor is it at all understood, or admitted, that the Secretary of the Ter ritory should "live, and move, and have his being", in THE EXECUTIVE VETO 205 the Executive presence, and be always ready, on the spot, to "record" that portion of the executive wisdom which may be permitted to escape, through the medium of conversation with mister parvin, or even with men of better breeding. After thus answering what he termed the "in sulting enquiries" of Governor Lucas, Conway proceeded to review his own conduct in the office of Secretary: There is not, I repeat it, sir, a single official act of mine, to which exception may be fairly taken, unless it be the style and tone of a communication to the Legis lative Council, on the 24th of November, occasioning a difficulty which is now happily adjusted; and into that difficulty, I was introduced, in the first instance, by officious interference with my department, on the part of your Excellency, and your man parvin. This bit of correspondence formed what Con way termed the ' 'point of separation between the Governor and the Secretary". From that time on, although their offices were next door to each other, they were not on speaking terms ; and the intercourse necessary between them by reason of their official relations was carried on in writ ing or through a third person. Meanwhile the principle of executive veto, involved in the struggle over the expenditure of appropriations, remained a bone of contention between the Governor and the Legislative As- 206 ROBERT LUCAS sembly.150 The Organic Act made no provision regarding the time or manner in which bills should be presented to the Governor or returned to the Legislative Assembly. To remedy this defect the legislature undertook, early in De cember, 1838, to pass a bill regulating the inter course between the Governor and the two houses. On December 4, 1838, a committee of two was appointed by the Council to confer with the Governor in the matter. The conference was held and a bill was agreed to and reported back to the Council for passage. Before it was passed by the two houses, however, it received certain amendments which modified the bill consider ably. Governor Lucas received the amended bill for approval on the eighteenth of December, and on the day following vetoed the bill and returned it to the Council with the following ex planation: In comparing the bill submitted for my consideration, with the one originally reported by the committee, I find that the section that was inserted with a view to keep up a mutual conference and to open the way to a mutual reconciliation of conflicting views, has been stricken from the bill; also, the time within which the Executive was required to return an act, etc., with his objection, to the Legislative Assembly, has been altered from ten to five days — with these alterations lean never concur; but am still willing to yield my assent to the THE EXECUTIVE VETO 207 bill, if passed as originally reported by the committee. Until this is done, I must use my own discretion, under the Organic Law, and for your information' will state the course I intend to pursue. All bills, resolutions, or memorials submitted to me, will be carefully examined, and if approved, will be signed and deposited in the office of the Secretary of the Territory. If special objections are found, but not sufficient to induce me to withold my assent from the bill, resolutions or memorials, a special note of explana tion will be endorsed with my approval. Bills, resolutions, or memorials, that may be con sidered entirely objectional or of doubtful policy, will be retained under advisement, or returned to the Legis lative Assembly with my objections, at such time, and in such way and manner, as I may, for the time being, deem to be most advisable. From thenceforth Lucas had to contend with both the Secretary and the Legislative Assembly. The result of the tendency toward extravagance in expenditures showed itself in a resolution presented to the Governor on December 29, 1838. This resolution was to the effect that William B. Conway be "appointed 'fiscal agent' of the Legislative Assembly, during its present session, and that all advances of money made by him shall be refunded to him out of such money as shall hereafter be appropriated by Congress." It received immediately the veto of the Execu tive with the statement that "this Legislative 208 ROBERT LUCAS Assembly in my opinion, has no power directly or indirectly to control the application of money that may be appropriated by Congress, to defray the expenses of the next Legislative Assembly". Again on the 4th of January, 1839, he vetoed a resolution with regard to the manner of return ing bills, informing the houses that he saw no place in the Organic Law which vested the Legis lative Assembly with the right to "dictate to the Executive in the discharge of his official duties". On the day following he vetoed another resolu tion requesting him to inform the legislature of his sanction of bills immediately upon his ap proval of the same. He stated that it was his desire to comply with the pleasure of the legis lature, wherever possible; but having no secretary or clerk in the public employ it was impractic able for him to return bills to the houses imme diately upon approval. He referred them to his communication of December 19, 1838, providing for the deposit of such bills with the Secretary, and concluded by asserting his intention of main taining that course until a bill was passed regulat ing the intercourse between the two departments. The veto of the resolution authorizing Conway to be paid out of appropriations not yet made by Congress, had involved that gentleman in some difficulties in getting money to pay for THE EXECUTIVE VETO 209 the numerous items of expense connected with the legislature. Several other vetoes beside the ones above mentioned deepened the antipathy of the Legislative Assembly, and as the session drew to a close this three cornered controversy between Secretary, Governor, and Legislative Assembly became very intense. Soon after his break with the Governor, Con way began a series of intermittent communica tions to the President of the United States, arraigning in the most decided terms the conduct of his superior officer, the Governor.151 He characterized Lucas as superannuated and irri table, and complained of his "many vexatious, ungraceful, petulant, ill-natured and dogmatical interferences, with this Department". In the meantime he neglected to perform duties that were connected with the executive office, and seems to have turned his best energies to cement ing his friendship with the Legislative Assembly and disbursing funds to pay for their expenses. The executive veto of January 5, 1838, reached the House of Representatives late in the after noon. It was Saturday, and before adjourning for the week the communication was referred to the committee on vetoes of which the youngest member of the House, James W. Grimes, was chairman. On Monday morning Grimes was 14 210 ROBERT LUCAS ready with the report of his committee.152 After reviewing the different vetoes exercised by Gov ernor Lucas, the committee assumed the rathei astonishing ground that the Organic Act dele gated no power of veto to the Executive. ' 'We have attempted to ascertain where the Governor derives the power of unconditionally vetoing bills, — but in vain. We find no such authority delegated in the Organic Law, and we believe no such power can be obtained by implication". ¦They did not forget that the second section of their fundamental law provided that the Govern or "shall approve of all laws passed by the Legislative Assembly before they shall take effect"; but this section, so Mr. Grimes reported, ' 'makes it imperative and obligatory upon the Governor to approve all laws passed by the Legislative Assembly." It is not left discretionary with him. 'He shall approve, ' etc. " This was certainly a curious interpretation; but it met the approval of the legislators and the report was adopted. To enquire whether Grimes really believed in the soundness of this doctrine or whether he yielded to the exigencies of the situation and arranged his political philos ophy accordingly is, perhaps, beyond the prov ince of the historian. At all events it is more kind to remember that he was a youth of only THE EXECUTIVE VETO 211 twenty-two years and that the ripe wisdom and mature judgment which characterized his conduct in the trial of President Andrew Johnson had not yet come to him. In the Council the Committee on Territorial Affairs, to which this veto message was referred, reported in like manner on January 22, 1839, maintaining that Congress never intended to vest the Governor with absolute veto power. The vote upon the report stood six to six; and the Council thereupon voted to lay the report on the table, but authorized James G. Edwards to print five hundred copies. In the communication of December 19, 1838, in which Governor Lucas had outlined his policy regarding the return of bills, he had said: "If special objections are found, but not sufficient to induce me to withhold my assent from the bill, resolutions or memorials, a special note of ex planation will be endorsed with my approval. " And such notes of explanation were, indeed, added in the case of several bills giving fran chises for ferries across the Mississippi River.153 The following is a typical instance : As far as this act may be construed to interfere with private rights, or the property of the United States, I consider it will be void; in other respects valid. With this note of explanation, I give it my assent. 212 ROBERT LUCAS Such interpretation amounted to the expres sion of "a judicial opinion" which, when given by the Executive, could have no binding force. But it seemed to enrage the legislature even more than the direct use of the veto. On January 1 5, 1839, the House of Representatives (after a long preamble stating absolutely no ground for com plaint except that Lucas had "been writing notes and explanations on sundry laws adopted by both Houses") resolved that "Robert Lucas is 'unfit to be the ruler of a free people, ' and that a select committee be appointed to prepare and report a memorial to the President of the United States, setting forth the leading facts upon which the Legislative Assembly found and establish their objections to the continuance of Robert Lucas as Governor of this Territory, and pray ing in strong terms for his immediate remov al."154 The preamble and resolutions were carried by a vote of twelve to ten. This action was the immediate consequence of a communication to the House from Secretary Conway giving, upon request of the House and Council, information regarding bills approved by the Executive and mentioning in detail the use of the note of ex planation by Lucas. Before taking further action, the House again took occasion to consult the Secretary. On Jan- THE EXECUTIVE VETO 213 uary 17, 1839, they asked him for a report of all communications not of a confidential character on the subject of the disbursement of the public funds. The Secretary, stating that his own correspond ence and accounts with the Treasurer of the United States and with other officers and persons were as yet "incomplete" and assuming (perhaps wisely) that these were not desired by the legis lature, sent to the House of Representatives the correspondence which the Secretary and Gover nor had carried on regarding the furniture for the Governor's office and the recording of execu tive acts, which had caused the final break be tween those two officers. Meanwhile the Governor had in no way receded from his position relative to the right of veto. Moreover, an examination of the particular bills vetoed does not show a despotic use of the power but on the contrary clearly proves that the bills passed by the Legislative Assembly were in many cases faulty and in great need of super vision by an experienced Executive. Thus, with the Governor stubbornly deter mined to uphold the provisions of the Organic Act as he understood them, and the Legislative Assembly (and Secretary Conway) as stubbornly determined to follow their own interpretation, 214 ROBERT LUCAS affairs in the last week of the session became more and more stormy. By act of Congress the session was limited to seventy-five days. The seventy-fifth day was January 25, 1839. On January 21, Mr. Bankson, chairman of the com mittee appointed in the House of Representatives on the 15th, reported a memorial addressed to the President of the United States asking for the removal of Governor Lucas from office. The resolution passed the House without amendment. John Frierson then offered a resolution asking that, inasmuch as the motion calling for the pre paration of such a memorial had only been passed by a majority of two, the minority might present a counter memorial to the President and spread their protest upon the Journals. But this privilege was refused upon motion of James W. Grimes. Excitement now became intense. From the House the memorial went to the Council. The crowd that assembled in the basement of the pioneer church in Burlington on Thursday morn ing, the twenty-fourth day of January, was an intensely interested one.155 Beside the members of the Council, there were many of the pioneers of the capital city anxious to see the culmination of the legislative struggle. The excitement of the occasion had even attracted to the legislative THE EXECUTIVE VETO 215 halls a number of ladies who were eager to wit ness this crisis in legislative events. At eleven o'clock the memorial was presented. Much debate ensued," but, after slight amend ment had been made, it passed the Council by a vote of seven to five. On the next day the session closed amid general disorder. As Parvin re corded in his diary for that day, the "Legisla ture adjourned in confusion. All drunk with few exceptions."156 So ended the first Legisla tive Assembly of the Territory of Iowa. What better proof could be had of the soundness of Lucas's subsequent judgment when he said that a large factor in the opposition to his adminis tration had been due to the positive stand which he had taken against intemperance and gambling. XXI The End of the Controversy Soon after the adjournment of the Legislative Assembly, Governor Lucas made a tour of the interior and frontier of the Territory. Upon his return to Burlington, in March, he received a communication from the Secretary of State of the United States, enclosing not the memorial of the Legislative Assembly, but a secret com munication of the same nature and purpose, ad dressed to President Van Buren and signed on January 12, 1839, by eight members of the Council and seven members of the House of Representatives.157 This unofficial petition for the removal of the Executive stated that Lucas did not possess the "qualifications which are required of a Governor in a new Territory. " It complained that he had exercised the power of veto "in all cases without regard to judgment or propriety, and without respect to the feelings and rights of the Legisla ture", and that he frequently treated the mem bers of the Legislative Assembly "with silent THE END OF THE CONTROVERSY 217 contempt." After arraigning his use of the veto it proceeded to condemn him for his approval of a bill which was "highly objectionable to the Democratic members; but some of them voted for it to try the Democracy of the Governor." Governor Lucas on March 12, 1839, replied to the Secretary of State answering the charges in detail.158 In regard to his qualifications for the office he said, "I will not reply, leaving that question with those who are acquainted with my public services in Ohio and else where, for many years past". He denied the charge of improper use of the veto and supported his denial by sub mitting to the President all his communications to the Legislative Assembly relating to vetoes. He passed over the complaint regarding his treatment of members as both untruthful and too trivial to deserve notice. In regard to his approval of the bill passed to utry the Democ racy of the Governor", he replied: "I was un able to discover that the bill had any relation to the principals of Democracy — and if these self styled, Democratic members, who they say 'voted for the bill to try the democracy of the Govern or' could thus sport with the oaths they had taken at the commencement of the Session, faithfully and impartially to discharge their duties to the best of their judgment and under- 218 ROBERT LUCAS standing'' and at the same time to vote against their judgment and understanding, to try the democracy of the Governor; I confess that I do not envy the state of their moral sensibility." Some time later he received from the Secre tary of State the official memorial of the Legis lative Assembly.159 It was an interesting docu ment. The preamble which preceded the reso lutions praying for his removal contained, as finally passed, twelve charges against the Gov ernor. Seven of these had to do with his use of the veto power. The others arraigned his exercise of the power of appointment, his ideas regarding the expenditure of public funds, and his treatment of the legislators; and one clause (upon what basis it is difficult to say) charged him with alarming inability to command in time of war. Lucas in reply to Secretary Forsyth stated that since the charges were so similar to the ones answered in his former communication, he would simply enclose a protest and remonstrance of the minority of the House of Representatives and a memorial signed by sundry citizens from all parts of the Territory defending the actions and administration of their Governor. The explanation made by Lucas, together with the vigorous defense in the protests sent THE END OF THE CONTROVERSY 219 to Washington, seems to have been entirely sat isfactory to the President, for no step was taken for the removal of Lucas, even though Secretary Conway throughout the summer of 1839 sent frequent communications to President Van Buren severely criticising the Governor of the Territory of Iowa. Congress, however, passed two acts which had an important effect in quieting matters in Iowa. The first was an act limiting the veto power of the Governor of the Territory by allowing a ve toed bill to become a law if reconsidered and passed by a two-thirds vote in both houses of the Legislative Assembly. The second act gave the Legislative Assembly power to "provide by law for the election or appointment of sheriffs, judges of probate, justices of the peace and county surveyors," thus still further restricting the power of the Governor. Both of these acts, approved by the President on March 3, 1839, were recognized by Governor Lucas as salutary measures; and it is probable that, at least with the first, a feeling of relief far outweighed any sense of loss at the removal of an executive pre rogative. Harking back once more to the last few days of the first session of the Legislative Assembly of the Territory, it is interesting to note the 220 ROBERT LUCAS final stages in the career of Secretary Conway and the outcome of the struggle over the dis bursement of public money. After the Legisla tive Assembly had taken the matter of expenses into its own hands legislative expenditures be came numerous and lavish. The attempt of Governor Lucas to restrain this extravagance brought many letters of commendation and ap proval from citizens both within the Territory and in other parts of the country. In January Thomas L. Hamer wrote to him from Washington: "What in the name of com mon sense do they want with so many officers in the two Houses? They have almost as many as Congress — & we have double the number that is necessary .... I should not be surprised if there is trouble about funds to pay all the claims that will be presented from Iowa. Uncle Sam is just now in a mood to economize. His pockets are nearly empty — & will be still worse off be fore the end of the year — he don't like to see his family — especially the younger branches of it indulging in unnecessary expenses." Nevertheless, the voting of salaries and extra allowances went on undiminished. The Journals of the last week of the session show resolution after resolution for the extra compensation of the twenty-three legislative officials or for the THE END OF THE CONTROVERSY 221 appointment of assistants to these sadly over worked individuals. The Clerk of the House and the Secretary of the Council were each voted $300, beside their regular pay, as compen sation for superintending the printing of the Journals. But for all this expenditure there must be an accounting. A general appropriation bill enu merating the various items of expense must be passed by the legislature, approved by the Gov ernor, and sent to the Secretary of the Treasury of the United States. The authorization and sanction for all the expenditures made by the Secretary of the Territory rested upon this bill. When the last day of the session arrived the general appropriation bill had not been present ed to the Governor for his approval. The day passed. The session was at last adjourned, and many of the members had taken their leave of the Governor preparatory to starting for their homes. Then, finally, in the evening when the chance for its return to the legislature — either approved or vetoed — was gone, there was pre sented to the Governor "an act to provide for the compensation of printers of the Legislative Assembly, and for other purposes.1'' This placed Lucas in an extremely difficult position. Upon examination the bill was found 222 ROBERT LUCAS to contain, as might have been expected, items of expenditure to which the Governor could not conscientiously give his official sanction. To Secretary of State Forsyth he wrote as follows: This last bill contains many extravagant allowances, which I considered unwarrantable and in voilation of the organic law of the Territory — among which are al lowances to the secretary of the Territory, to the amount of seventeen hundred and fifty dollars, the greater part of which are for the performance of duties that I con sider as properly devolving upon him as Secretary of the Territory and for which the United States pays him an annual salary of $1200 — i«o The legislature having adjourned before the bills pre sented for my consideration, and being highly objec tionable, were of course, filed among the Executive papers, to be reported to the next Legislative Assembly at the commencement of its session — In the same letter he took occasion to say in regard to Secretary Conway: He has not only done nothing to render me assist ance, but, is generally believed to be the prime mover of the opposition to my proceedings, and the author of the documents forwarded to Washington by the members of the Legislature — and I can briefly state if Mr. Con way has performed any duty as Secretary of the Terri tory further than his connection with the Legislative Assembly it is unknown to me. I know that he has not made up a page of Executive record; neither do I believe that he has recorded the certificates of the oaths THE END OF THE CONTROVERSY 223 of the Territorial office[r]s, as required by the organic law. He appears to consider his '¦'¦Department'''' as he styles it — intirely independent of the Executive — He has not been at this city since the adjournment of the Legislature, the day following the adjournment he sent off (unknown to me) all the Legislative Acts of the last session le\a\ving no record of them at the seat of Gov ernment, he is now at Davenport, and I presume has the acts of the Legislature with him. The Secretary of the Territory, on the day after the appropriation bill had been presented to Governor Lucas, wrote to the Governor (for they were not on speaking terms) requesting the transmission of that bill — approved or unap proved — to his office, since it was important to him and to his securities.161 Well might he deem it important to his securities! But they should have been considered in the months be fore when he had disregarded the warning of Governor Lucas and thrown open the office of disbursing agent of the Territory to the dictates of the Legislative Assembly and to his own per sonal desires. He had been well aware that the Governor would sanction no such reckless leg islative expenditure as the bill provided for. Nor is it possible that the Secretary could have convinced himself that an allowance of seventeen hundred and fifty dollars beside his regular sal ary would be approved by the Executive. 224 ROBERT LUCAS A possible explanation of his course is that he relied upon the success of the attempt to have Lucas removed from office. At all events he had cast his lot with the Legislative Assembly and trusted to them for a sanction for his numer ous disbursements. Now the Legislative Assem bly was adjourned and could be of no further use to him. Conway thus found himself some what in the position of a member of a firm whose partner has decamped and left him to face the debts. , He now realized fully that when the Organic Act had made him disbursing agent for the Territory it had made him responsible — not to the Territorial legislature, but to the United States government. He did not succeed in ob taining the appropriation bill; and after further trouble with the Governor over the possession of the Seal of the Territory,162 he left for Daven port, where, as he expressed himself, "it suits my official and personal convenience to reside." Thenceforth he made frantic appeals to the President of the United States and to Levi Woodbury, the Secretary of the Treasury, for an order requiring Lucas to turn over to him the appropriation bill; but without avail. His com munications to the President of the United States being unanswered, he finally, on July 8, 1839, in a communication full of servile flattery, asked THE END OF THE CONTROVERSY 225 President Van Buren to return to him his " pri vate and confidential1'' correspondence. In the meantime the balancing of his accounts with the Secretary of the Treasury proceeded. A letter from the Comptroller's office, on June 7, 1839, shows that Conway had included in his statement several items which were larger than the amounts the receipted vouchers showed had actually been paid out. Fragments only of the correspondence exist, and it is difficult to ascer tain the exact amount of discrepancy in the ac counts of the Secretary. Additional light, how ever, is given by a letter of James Clarke, his successor in office. In the fall of that same year, 1839, William B. Conway died at Burlington during the open ing days of the second Legislative Assembly. James Clarke, afterwards Governor of the Ter ritory, was appointed in his place. In a letter written by Secretary Clarke on the first of May,. 1840, to W. W. Chapman, Delegate to Congress, regarding the public finance he said: "In addi tion the deficiency of last year, as nearly as I can ascertain claims are held against the Terri tory of the session before to the amount of from four to five thousand dollars. To meet this there will be about three thousand dollars to be collected from the securities of the late Secretary 16 226 ROBERT LUCAS Conway, he being, at the time of his death, a defaulter to that amount."163 Conway died in his young manhood. That he was a man of brilliant parts seems undeniable; but his excessive personal ambition together with a certain bitter intensity of spirit made him one who, even if he were not lacking in moral scruples, could serve the public best by refrain ing from any participation in politics.164 James Clarke, who succeeded him, had been a friend of Governor Lucas; and so relations between the Executive and the Territorial Secretary were henceforth on a congenial basis. The first twelve months of the Territory had been a period of intense domestic discord. The next twelve months were marked by opposition to the aggression of a neighboring State, which knit together the various factions and proved once more the wisdom and strength of the stern pioneer Governor, Robert Lucas.165 XXII The Missouri-Iowa Boundary From time immemorial an instinct for territorial conquest has characterized mankind. Nor has this inherent desire been effaced with developing civilization. A jealous eye cast upon a neighbor's vineyard has caused many a quarrel; and a vague indefiniteness in the determination of boundaries has time out of mind been the excuse for bring ing armed forces face to face across the disputed border. The history of the territorial growth of the United States is checkered with these oc curences, varying from an interstate quarrel over a changing river bed to a contest assuming the proportions of the Mexican War. The disputes over the interior division lines of the country have sometimes developed into open conflicts. Here the local feelings rise to the highest pitch. With angry squatters shak ing their fists at each other across the line that separates their claims, and two equally angry Governors, forgetting their dignity and challeng ing each other in responsive proclamations, the 228 ROBERT LUCAS scene often presents a ludicrous as well as a seri ous aspect. More than any other class of quarrels these disputes over boundaries involve a combination of the deepest legal and constitu tional problems with the most intense feeling and often the most puerile action. Especially is this true where the contest is over a line between a State and a Territory; for here are encountered in most cases the intense convictions and ready resistance of the pioneer squatter. Robert Lucas had already, as Governor of the State of Ohio, participated in one of these so- called "border wars", where on the other side a Territory was concerned. Now, as the pioneer Governor of the Territory of Iowa, he was drawn into a conflict over boundaries where, in the re verse of his former situation, he resisted the ag gressions of a State of the Union. It is needless for the reader to ask whether he was as strong in his convictions as formerly; nor is it surpris ing to note that there were those who delighted in reminding him of the similarity of the two controversies. For, although there is much truth in the statements with which the veteran Governor indignantly pointed out the differences, the fact still remains that the two incidents were in their main features strikingly parallel.166 As in Ohio so in Iowa the story of the border THE MISSOURI-IOWA BOUNDARY 229 runs back to the days of the wilderness when the Indian paddled in solitary contentment up the streams that flowed from the west into the Mississippi, and when the forest and the prairie gave their game only to red-skinned hunters. But once did the forest yield to the blazed path way of the surveyor; then through long, long years it lay undisturbed by the tread of the white man, while the grass grew over the stakes and mounds he left in his wake and time almost weathered away the blazed trail where the out stretched hand of civilization had sought to mark its line. Where Iowa now reaches from river to river was the Indian's country. It was a land about which little was known. Streams were called by now long-forgotten names; and distorted maps added little but misrepresentation to the knowledge of this far western territory. Upon the lands west of the Mississippi there roamed and struggled among themselves the Sacs and Foxes, the Sioux, the Ioways, the Osages, and the Pottawattamies. But upon these lands the white man had already cast envious eyes. In 1808 a treaty was made with the Osage In dians whereby that tribe ceded to the United States all their lands north of the Missouri River.167 This treaty also provided that two 230 ROBERT LUCAS Indians should accompany the surveyor who was to mark their boundaries. Eight years afterward, in 1816, John C. Sullivan was com missioned to survey the northern boundary of this Indian tract. Beginning on the Missouri River opposite the mouth of the Kansas River, he ran a line due north one hundred miles and there planted a corner post. From that point he ran a line due east, as he supposed, to the Des Moines River, establishing what was known as the "Sullivan Boundary Line" or the "Old Indian Boundary".168 After many years it was learned that this line did not run due east but in a slightly northern direction striking the Des Moines River some four miles north of the lati tude of the northwest corner post from which Sullivan had started. On the 6th of March, 1820, Congress passed an act authorizing the people of Missouri to form a State Constitution and government. This act designated the boundaries on the west and north by a line beginning on the Missouri River on a meridian running through the mouth of the Kansas River, thence "north along the said me ridian line to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line to cor respond with the Indian boundary -line; thence THE MISSOURI-IOWA BOUNDARY 231 east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi river" 169 In the following year the State of Missouri was admitted into the Union, adopting as a part of its Constitution the section of the enabling act relative to bounda ries. This ambiguous statement of the northern boundary, recorded in the ignorance of the real geography of the border, was bound sooner or later to cause misunderstanding and dispute; but at this time, in the prevalent lack of knowledge, little or no attention was paid to the constitu tional provision, and only as far north as the Old Indian Boundary or Sullivan's Line did the people of Missouri exercise jurisdiction. Thus for years Sullivan's Line continued to be regarded as the northern boundary by the people and authorities of the State, by the ad joining Territories, and by the United States government. In 1824, the treaty with the Sac and Fox Indians indicated the northwest corner of the State of Missouri as being north one hundred miles from the Missouri River at the 232 ROBERT LUCAS mouth of the Kansas. And so throughout the years that followed the admission of Missouri the United States government in its treaties with Indian tribes, in the creation of land dis tricts, and in many another way gave evidence that it considered the Sullivan Line the true northern boundary of the State of Missouri. Thus the understanding continued, and until after the close of the Black Hawk War in 1832 no one seems to have bothered his head about the location of the "rapids of the river Des Moines." After the Black Hawk treaty of 1832, how ever, settlers began to locate near the juncture of the Mississippi and Des Moines rivers; and soon inquiries began to be made as to the exact location of the Missouri line. Then it became evident that, according to the wording of the State Constitution of Missouri, the line was de pendent upon the location of the rapids of the river Des Moines. Were they in the Des Moines River or were they the Des Moines rapids in the Mississippi, which time out of mind had been known by the name of "rapids of the river Des Moines"? Upon this problem the people began to ponder a little in the years preceding the for mation of the Territory of Iowa. In 1834 the country north of Missouri which, since 1821 had THE MISSOURI-IOWA BOUNDARY 233 been without a local constitutional status, was attached to and made a part of the Territory of Michigan, continuing under that jurisdiction un til 1836. And so during these two years, while Governor Lucas of Ohio was protesting against the pretensions of the Territory of Michigan, and even massing the Ohio State militia on the border to face the Territorial militia of Michigan far out in the western section of that same Ter ritory of Michigan was arising another boundary dispute which was to reach its climax when, four years later, the rights of this section were to be championed by Governor Lucas of the Terri tory of Iowa. In 1836, when Michigan after her many trials and tribulations finally entered the Union, the Territory of Wisconsin was created including the land west of the Mississippi and north of Mis souri. The Organic Act of the Territory of Wisconsin provided that it should extend as far south as the northern boundary of Missouri. Thus the whole boundary question was be queathed to the Territory of Iowa through the original Territory of Wisconsin. It must be kept in mind that at this time the State of Missouri did not, as now, extend on the west to the Missouri River but only to a line drawn north from the Missouri River at the 234 ROBERT LUCAS mouth of the Kansas River. In the year 1836 Congress provided that the jurisdiction of Mis souri should be extended by proclamation of the President of the United States to that tract of land between this line and the Missouri River. The State of Missouri, in December of 1836, authorized the Governor to appoint commission ers to survey the northern boundary line from the "rapids of the river Des Moines" west through the old northwest corner of the State and on to the Missouri River. The Governor was instructed to request the appointment of commissioners by the United States government and the Territory of Wisconsin to cooperate in the survey. Neither the Federal government nor the Territory of Wisconsin responded to the invitation; and so, according to the provisions of the act, Missouri proceeded alone to the survey of the northern boundary. Accordingly, in 1837 the line was run and marked by Joseph C. Brown for and on behalf of the State. Assuming that the term "rapids of the river Des Moines" referred to the Des Moines River he began a search in that river for rapids. His final conclusion was that the only obstruction worthy of the name "rapids" was at the Great Bend about sixty-three miles above the mouth, and from this point he began his survey, running THE MISSOURI-IOWA BOUNDARY 235 a line due west to the Missouri River. Now this line ran several miles north of the Sullivan Line and included a strip of territory which had been under the jurisdiction of the Territory of Wisconsin. An immediate and consuming wrath thereupon seized the citizens of Wisconsin; and on November 6, 1837, at a convention of dele gates from Wisconsin Territory west of the Mis sissippi assembled in Burlington, a memorial was passed praying Congress to appoint com missioners to survey the boundary "according to the spirit and intention of the act defining the boundary lines of the State of Missouri."170 Thus matters stood when the Territory of Iowa was created. From the Territories of Michigan and Wisconsin had come this legacy of unsettled borders. Nor was the final adjust ment of affairs to be made until Iowa, years afterward, had taken its place as a State in the Union. Six days after the Organic Act was passed creating the Territory of Iowa, Congress passed an act authorizing the President to cause the southern boundary of Iowa to be ascertained and marked. This was on June 18, 1838. During the same year Albert Miller Lea was appointed as the United States Commissioner for this pur pose. A commissioner was to be appointed by 236 ROBERT LUCAS the Territory of Iowa and one by the State of Missouri; but Congress provided that the survey should be carried on even if one or both of these commissioners failed of appointment. Governor Lucas appointed, on September 1, 1838, Dr. James Davis. The Governor of Missouri pleaded for delay. "The weather", he wrote in July, "will be so extremely warm for a month yet to come, & the flies in the Prairies so very trouble some, that it will be almost impossible for you to proceed in the matter, with any kind of com fort until about the first of September."171 The matter ended with no appointment from Missouri. And so Lea and Davis began their work alone. They made a careful investigation of the entire boundary question, examining the survey recent ly made by Brown as far as time would permit. In the month of January, 1839, Dr. James Davis and Albert M. Lea made their official re ports — the former to the Governor of the Terri tory of Iowa, and the latter to the Commissioner of the General Land Office.172 The report of Lea contained a detailed discussion of the ques tion, and very logically and fairly presented the claims of the different parties. In regard to the "rapids" he reported that there were no ob structions worthy of the name "rapids" in the Des Moines River below those at the Great THE MISSOURI-IOWA BOUNDARY 237 Bend designated by Brown; and that if the river rose as much as three feet above the low water mark, even these rapids disappeared and the water presented an unbroken flow. On the other hand the "Des Moines Rapids", which were lo cated in the Mississippi River just above the mouth of the Des Moines River, were and had been well known for many years. In the days of the early French explorations in this region, these rapids had been known as "Les rapides de la riviere Des Moines", which translated literally would be "the rapids of the river Des Moines." The line surveyed by Brown running due west from the rapids at the Great Bend of the Des Moines River would pass thirteen miles north of the old northwest corner of Missouri. A line drawn west from the Des Moines Rapids in the Mississippi River would, on the other hand, pass about a mile and a half south of the northwest corner. Thus there was between these parallels of latitude a strip of land from the Mis sissippi to the Missouri approximating fourteen miles in width. And lying within this strip was the Sullivan Line, not quite parallel but running in a slightly oblique direction so that its eastern termination on the Des Moines River was about four miles north of its starting point at the old northwest corner. 238 ROBERT LUCAS After a careful discussion of the various lines, Lea enumerated four possibilities: I. The old Indian boundary, or Sullivan's line, ex tended west to the Missouri river. 2. The parallel of latitude passing through the old northwest corner of the Indian boundary. 3. The parallel of latitude passing through the Des Moines rapids in the Mississippi river. 4. The parallel of latitude passing through the rapids in the Des Moines river at the Great Bend. He summarized with the following opinion: I. That the old Indian boundary or line No. 1, ex tended west to the Missouri river, is the equitable and proper northern boundary of the state of Missouri; but that the terms of the law do not allow the commissioner to adopt that line. 2. That the parallel of latitude passing through the old northwest corner of the Indian boundary, or line No. 2, is neither legally nor equitably the northern boundary of Missouri. 3. That lines Nos. 3 and 4, or the parallels of lati tude passing through the respective rapids, both fulfill the requirements of the law. I am not, however, pre pared to say which of these lines should have the pref erence. Although Lea suggested immediate decision by Congress as to what line should be deemed the southern boundary of the Territory of Iowa, the State of Missouri did not wait for such action. On February 16, 1839, the legislature of Missouri THE MISSOURI-IOWA BOUNDARY 239 passed an act declaring that the jurisdiction of the State extended to the line surveyed by Brown in 1837. The natural outcome of this law was not slow in presenting itself. The officers of Clark County, Missouri, immediately south of Van Buren County, Iowa, began to assess and attempt to collect taxes in the territory north of Sullivan's line and south of Brown's line. This effort to exercise jurisdiction over people who considered themselves citizens of Van Buren County in the Territory of Iowa met with imme diate resistance. Early in July, Governor Lucas received a letter from the commissioners of Van Buren County stating that the authorities of Missouri had "assessed their property", had "endeavored to ascertain their views in relation to slavery", and had "ordered that they should not pay the Collector of this County." 173 These events stirred the military spirit of Governor Lucas. He had been through such scenes before and knew what they meant. On July 29, 1839, he issued a proclamation,174 stat ing that the "Act to prevent the exercise of a foreign jurisdiction within the limits of the Ter ritory" was in full force and effect in the Terri tory of Iowa. It is extremely interesting to note that the act referred to is the identical one which was passed by the Legislative Council of 240 ROBERT LUCAS the Territory of Michigan on February 12, 1835, and which was the basis of the arrest of Ohio officers in the dispute between Ohio and Michi gan in which Robert Lucas had formerly par ticipated. The law had been made a part of the laws of Wisconsin Territory, and from Wiscon sin was bequeathed through the Organic Act to the Territory of Iowa. Now, as Governor of the Territory of Iowa, Lucas was using as grounds for action a law which four years before had been used to oppose his action as Governor of Ohio. The proclamation urged vigilance on the part of the Territorial officers in protecting the rights of the inhabitants of the Territory, but warned officers and citizens alike "under no circum stances to permit themselves to become the ag gressors, or to act against the citizens or author ities of Missouri, without the aid of civil process, duly obtained from the proper judicial tribunals of this Territory, or the United States; and in all cases to act in strict obedience to the com mand of such civil process — for in whatever form an encroachment may be made on the jur isdiction of the United States, in this Territory the only proper mode of restraining and correct ing it is through the instrumentality of judicial tribunals." THE MISSOURI-IOWA BOUNDARY 241 Thus without counseling radical measures which would most certainly have resulted in bloodshed, Lucas took a firm stand for the pres ervation of the rights of the inhabitants of the Territory and wisely urged the use of the civil rather than the military authorities in dealing with the matter. Across the line in Missouri the proclamation of the Governor of Iowa was read with great in dignation; and on August 17, 1839, the citizens of Clark County, meeting at their county seat, Waterloo, passed protesting resolutions and sol emnly pledged themselves to aid in "supporting unsullied the dignity and honor of the State."175 Governor Lilburn Boggs, of Missouri, was also somewhat aroused by the proclamation, and in answer to it issued one of his own on the 23rd of August. He instructed the officers of Missouri, "civil and military", to faithfully exe cute the laws; and if any obstructions to the ex ercise of their duties were encountered they were authorized to call to their aid the "power of the county". He ordered the officers of the militia to hold themselves in readiness to render assist ance, and closed by expressing his personal re gret at the condition of affairs.176 Once more did the Governor of Iowa Territory come forth with a proclamation.177 This time he 16 242 ROBERT LUCAS went into the question rather exhaustively. He contended that Missouri was the aggressor inas much as Iowa was exercising jurisdiction only as far as the line which, from the organization of the State of Missouri down until a very recent time, that State had acknowledged as its northern border — namely, the Sullivan Line. He showed by Indian treaties made by the United States; by the creation of land districts by act of Con gress; by proclamation of the President of the United States regarding land sales in Iowa; by maps of the State of Missouri drawn only a few years after her admission into the Union; and even by statements of the late Governor Clark of Missouri, that both the United States govern ment and the State of Missouri had considered the Sullivan Line as the true northern boundary from the time of the admission of the State until the year 1837. He reiterated and emphasized the theory — so clearly expressed in his former border dispute while Governor of Ohio — that the dispute was not a matter between the State of Missouri and the Territory of Iowa, but between the State of Missouri and the United States wherein the authorities of Iowa were simply the Territorial agents of the United States. He pointed out the fact that the official report of United States THE MISSOURI-IOWA BOUNDARY 243 Commissioner Lea had been referred to Con gress, and maintained that Congress alone had the constitutional right to settle the matter. With its decision the authorities of the Territory of Iowa would abide; but until the decision was made, no other boundary could be acknowledged than the one which all parties had for so many years conceded to be the true one and up to which jurisdiction had always been exercised. Inasmuch as the Governor of Missouri had asked the authorities of the State, both "civil and military", to hold themselves in readiness to enforce jurisdiction over the strip of land under discussion, Governor Lucas called the . at tention of the United States Attorney and the United States Marshal for the district to the matter, asking them to exercise vigilant prompt ness in exercising the authority of the United States within the jurisdiction of the Territory of Iowa. He called upon the civil authorities believing them sufficiently powerful to protect the rights of citizens. "Should the Marshal of the United States, however, under any circumstances deem it expedient to call to his aid in the service, or execution of civil process, a posse comitatus, of armed men, he has the whole force of the Ter ritory at his command". In conclusion he ex- 244 ROBERT LUCAS horted the citizens of Van Buren County to be discreet in their acts, assuring them of the pro tection of the United States authorities. Through the fall months of 1839 the tension of feeling increased. Along the border, attempts by both sides to exercise jurisdiction created constantly increasing irritation. About the mid dle of October, Henry Heffleman, Sheriff of Van Buren County, wrote to Governor Lucas inform ing him that the Sheriff of Clark County, Mis souri, had made his appearance in Van Buren County, Iowa, to collect taxes; and that upon being refused payment he had reported to the authorities at Waterloo, Missouri, whereupon a force of several hundred men was being collected in Waterloo to march across the border for the purpose of taking the property of those re fusing to pay taxes. Again, on the twenty-fourth of October, Hef fleman wrote to Governor Lucas of an attempt to arbitrate matters on the border. A delega tion of seven men from Clark County, Missouri, met a delegation of the same number from Van Buren County, Iowa, on Indian Creek in the lat ter county. The Clark County delegates sub mitted a set of propositions contemplating the suspension of all military operations on the border and the exercise of concurrent jurisdiction THE MISSOURI-IOWA BOUNDARY 245 of civil matters by the officers of the two counties until the question was settled.178 But the delegates from Van Buren County would consider no proposition looking toward concurrent jurisdiction. The meeting ended in failure, and the Missouri authorities were in structed to collect taxes in the disputed tract. The Sheriff of Clark County proceeded, accord ingly, to the discharge of his appointed duty in the land north of Sullivan's line. On October 26, two days later, a letter signed by Governor Lucas and by Charles Mason and Joseph Williams (Judges of the Supreme Court of the Territory), was sent to the United States Marshal for the Territory of Iowa, Francis Gehon, informing him of the situation and urging his immediate presence on the border and his prompt attention to the affair.179 October passed and November came. Citi zens of the border line now sent the information that orders had been issued by Governor Boggs for troops to assist in the collection of taxes in the disputed tract. Before the end of the month a decisive step had been taken which was of great effect in precipitating matters. Uriah S. Gregory, Sheriff of Clark County, while attempt ing to collect taxes north of the Sullivan Line was arrested on November 20, 1839, by Sheriff 246 ROBERT LUCAS Heffleman, of Van Buren County.180 After writ ing to Governor Lucas, on November 22d, and reporting the capture, Heffleman took his pris oner to Burlington. Here Lucas had a confer ence with Gregory, advising him to enter into recognizance and return home. He also assured the Sheriff from Missouri that, should he be convicted, he would as Executive feel disposed to remit the penalty.181 The Missouri Sheriff, however, refused to enter into recognizance (being thus advised by his counsel in Missouri), but preferred to remain in the custody of the law. Sheriff Heffleman, therefore, removed him to Bloomington, "some distance from the seat of excitement", and gave him over to the custody of the Sheriff of Mus catine County. As a matter of fact Gregory never was put in confinement, but was allowed his liberty. Together with his wife and child, who accompanied him, he boarded with Josiah Parvin, the hotel-keeper of Bloomington.182 While the hapless Sheriff was thus self -exiled in the enemy's territory, interesting events were occurring on the border line. The mails were stopped, private property was taken, and town and county meetings were passing resolutions looking toward hostile demonstrations. Here and there local military companies were formed, THE MISSOURI-IOWA BOUNDARY 247 while lead was being melted into bullets intended for the neighbors across the line. Governor Lucas in this crisis turned to the United States authorities for instructions. Un der date of October 3, 1839, he wrote to the Secretary of State, John Forsyth: "It appears to be my misfortune, to be drawn irresistably, into a controversy with the authorities of the State of Missouri, on the subject of boundary." He enclosed documents for the information of the United States government and expressed his desire for suggestions and advice.183 Upon the Governor's request, Charles Weston, United States Attorney for the Territory of Iowa, gave his official opinion, on December 6, 1839, as to the course to be pursued. He stated that until Congress should decide the question as to the disputed tract it was the duty of the United States Marshal for the Territory to en force the rights of citizens in that tract, aided if necessary by a sufficient force of the Territorial militia. He particularly stated, however, that this militia force should be in aid of and subor dinate to the civil authority.184 Reports coming at this time from the border relative to the embodiment of an armed force by Missouri hurried the course of events. In pur suance of the opinion given by the United States 248 ROBERT LUCAS Attorney, Governor Lucas on the same day, De cember 6, 1839, sent orders to Major Generals J. B. Brown, Jonathan Fletcher, and Warner Lewis of the three divisions of Iowa militia requesting them to take measures to furnish to the United States Marshal of the Territory such forces as he might from time to time require.185 He also sent a copy of these orders to the Marshal and left the matter of using the militia as a posse comita tus entirely in his charge. Thus the statement so often made that Governor Lucas called out the militia of the Territory to resist the aggressions of Missouri, is without foundation in fact. He at no time issued an order embodying the militia as such, nor did the militia ever receive march ing orders except as a posse comitatus, being in aid of and subordinate to the civil authorities. Immediately upon receipt of the Governor's letter the Marshal made requisitions for troops and preparations were soon being made for a body of armed men to march to the front as aposse comitatus to aid the civil officers in supporting the jurisdiction of the United States. In many places there was not a great deal of enthusiasm in the volunteering of services. Especially was this true in the northern part of the Territory. Warner Lewis wrote to Governor Lucas of the difficulty experienced in getting sufficient re- THE MISSOURI-IOWA BOUNDARY 249 cruits; but reported the mustering of about five hundred men, over half of whom started on the march to the border. The reluctance of the men to leave their families, the inclemency of December weather, and the uncertainty about the pay for their services all operated to render very difficult the raising of troops. The men also questioned the power of the Marshal to force them to go, or to punish them for not going. It was not many days, however, before regi ments organized from various parts of the Terri tory were on their way across the country to the Missouri frontier. From Dubuque and Bloom ington and Burlington and many other settle ments this frontier army, a motley throng of from five hundred to a thousand men, made their way to the border. They were untrained and ill prepared for winter weather. Their uniforms, where such existed, were a humorous assortment; and their equipment of arms ranged from blun- derbuses and flintlocks to quaintly shaped and rusty swords which had perchance adorned the wall for many generations, telling of warlike ancestors. An unorganized yet valiant body of troops, it was officered by such men as S. C. Hastings, James W. Grimes, Jesse B. Brown, and Augustus C. Dodge.186 At Farmington in Van Buren County this Ter- 250 ROBERT LUCAS ritorial army gathered and faced across the bor der line at Waterloo a similar force from the militia of Missouri. In the meantime Governor Lucas was making every effort to ascertain the condition of affairs on the boundary line and keep the United States authorities informed thereof. Stephen Whicher, a prominent and a very capable member of the bar, was appointed to proceed to the border and learn what he could of the exact movements of the Missourians.187 His report from Farmington on December 10,1839, to Deputy Marshal Hen dry confirmed the statements that Missouri had actually embodied a militia force for the purpose of enforcing the jurisdiction of Missouri in the disputed tract. Whicher had mingled with the men and officers at Waterloo and was told by them that ten thousand troops were being mustered in Missouri to march upon the border. He remarked very favorably upon the unex pected decorum and lack of excitement among the officers of this army. During these rumours of war the Legislative Assembly was in session at Burlington. The fever of battle seems to have stirred them some what, for on the sixth of December, 1839, a motion was made to adjourn the House and allow the members to participate in the expected THE MISSOURI-IOWA BOUNDARY 251 conflict.188 The motion, however, did not carry and the legislature remained in session. On the next day, Saturday, a delegation appointed by the County Court of Clark County, Missouri, arrived at Burlington to attempt an amicable arrangement of matters. The legislature had adjourned until Monday; and so the delegates appeared before a meeting of citizens of various parts of the Territory, assembled at the State House in Burlington. They proposed a set of resolutions whereby both parties were to cease to exercise civil jurisdiction in the disputed tract, until the question was settled. Hostile opera tions were to be suspended and Iowa and Mis souri were to have "equal and uninterrupted jurisdiction" in criminal cases in the Territory under controversy. Good feeling pervaded the meeting and the propositions and proceedings were ordered to be sent to the papers of both Missouri and Iowa. Since, however, no author ity resided in the conference, the meeting resulted simply in the proposal of the resolutions as a possible solution of the present difficulty.189 On Monday afternoon the House of Represent atives, although not ready to agree to the prop ositions of the Clark County delegates, passed resolutions requesting Governor Boggs to au thorize a suspension of hostilities until July 1 252 ROBERT LUCAS 1840, and asking Governor Lucas to suspend all military operations on the part of Iowa until the decision of Governor Boggs was learned. After passing the Council these resolutions were present ed on the thirteenth of December to Governor Lucas, who returned them three days later with his veto. He objected to the preamble which spoke of "difficulties hitherto existing between the State of Missouri and the Territory of Iowa.11 He again emphasized the fact that the dispute was between Missouri and the United States, and added that he could not agree to any transaction which would come in conflict with his solemn obligation "to take care that the laws of the United States be faithfully executed." The resolutions were, neverthless, passed over his veto; and although Governor Boggs of Missouri viewed them with as little favor as did Lucas, yet they aided in the quieting of matters upon the border. Deputy Marshal Hendry, of the Territory of Iowa, during these days was gathering under his charge at Farmington the force of Territorial militia as a posse comitatus. Before proceeding to decisive military measures, however, he wisely decided to send a deputation to Waterloo with the hope of securing a peaceful settlement of the immediate difficulties. General Brown, there fore, following the instructions of the Marshal, THE MISSOURI-IOWA BOUNDARY 253 appointed Augustus C. Dodge, J. A. Clark, and James Churchman, as a committee for that pur pose. On the thirteenth of December they proceeded to Waterloo, in Clark County, where the Missouri forces were encamped.190 Here they met with the intelligence that the troops of Missouri had been dismissed in obedience to an order of the County Court of Clark County, and received assurances that all hostilities on the part of Missouri had been suspended and that no effort would thereafter be made to enforce juris diction upon the disputed tract until the general government had arrived at a decision. General Dodge and his companions returned to the Iowa side, and the frontier army that had gathered at Farmington was disbanded. It was with general satisfaction that the posse comitatus from the young Territory packed its pots and kettles, folded its tents, and, shouldering its non descript arms, took its homeward way across the Territory. Here and there they met troops on the march to the border to whom they told the welcome news of peace. Thus the pioneer force, mustered in a week to fight the battles of the border, dissolved with greater celerity than it gathered, and returned to tell tales of feats that might have been. And the gay enthusiasm of their home-coming and the wild carousing by 254 ROBERT LUCAS which some of the troops celebrated the disband ing no way proves that their valor would have been any the less in case of actual conflict.191 This occurence, however, was but the avoid ance of a crisis on the border line. The question was by no means settled. But, though Govern or Boggs did not sanction the action of the County Court of Clark County in regard to a suspension of military operations, the excitement had, neverthless, subsided and danger for the present was past. The question now came before Congress for settlement. Governor Lucas had sent James M. Morgan to Washington early in December with despatches to the government and as a represent ative of the Territory. The matter of the dis puted boundary was threshed over in Congress for session after session without settlement. The claims of Iowa were valiantly upheld by W. W. Chapman, Delegate to Congress from the Terri tory, by Augustus C. Dodge who succeeded him, and by Garrett Davis, of Kentucky, Chairman of the Committee on Territories to which the bound ary dispute was referred.192 Finally, on June 17, 1844, Congress passed an act providing for the appointment of Com missioners by the Governors of the State of Missouri and the Territory of Iowa who with a THE MISSOURI-IOWA BOUNDARY 255 third party to be chosen by them were to ascer tain and mark out the northern boundary of Missouri. The line established by these Com missioners was to be final and conclusive and to be and remain the true northern line of the State. The provision was made, however, that the act was to go into effect only upon the assent of the legislature of the State of Missouri. This proved fatal; for, although an act giving assent passed the legislature of Missouri, it was vetoed by Governor J. C. Edwards who, as a former rep resentative of Missouri in the lower house of Congress, had opposed strenuously any tendency toward favoring the claims of the Territory of Iowa. Accordingly the Congressional act failed of its mission.193 It seemed now that the only solution of the problem was the submission of the question to the Supreme Court of the United States. Ap plication to Congress for a law for this purpose was made in 1845 and 1846 by both Missouri and Iowa; and Congress, on August 4, 1846, passed an act authorizing the submission of the question to that tribunal.194 Iowa had now been admitted as a State — wiich fact gave to the Supreme Court original jurisdiction in the controversy. An agreed case was arranged and tried in the December term 256 ROBERT LUCAS of 1848. The counsel for Iowa was Charles Mason assisted by Thomas Ewing of Ohio. The decision handed down declared the Sullivan Line to be the true northern boundary, thus substan tiating the claim made by Governor Lucas and the people of the Territory of Iowa. The Court decided that there were no "rapids", such as the Missouri State Constitution called for, in the Des Moines River. On the other hand it held that since the United States authorities in the Ter ritorial days of Iowa had "by many acts, and by uniform assumptions recognized and adopted Sullivan's line" Iowa could not claim rightfully, as she assumed to, any land south of that line. The court appointed Commissioners to survey the old Sullivan Line and carefully remark it, extending it on the west to the Missouri River, which was done in the summer of 1850. Upon the report of the Commissioners, the Supreme Court entered a final decree adjudging the line surveyed by them to be the true boundary line between the State of Missouri and the State of Iowa. And so, after a dozen years of doubt, the question which had so long troubled the trans- Mississippi settlers was at last decided. Time had brought much change. Robert Lucas was THE MISSOURI-IOWA BOUNDARY 257 now living in quiet retirement on his farm near Iowa City, waiting with calm patience the step that is not far off from the man who has lived his three score and ten years. Back in the days of his Governorship when the critical times of the controversy were being endured and when civil war seemed inevitable he had with unre lenting firmness held to the principles that seemed to him to mark the lines of his official duty. The boundary for which he had so many years ago contended was now confirmed by the highest court of the land. And the news com ing to him in his quiet old age must have brought with it as he turned his mind back in. reminiscence a peculiar sense of satisfaction. 17 XXIII Removal from Office While the Territorial government of Iowa had been racked with internal dissensions and involv ed in a boundary dispute, the population had been growing with marvelous rapidity. And with this increase in numbers had come many improvements. The First Legislative Assembly had, in January of 1839, appointed Commissoners -to locate the permanent seat of government in Johnson County, to survey and lay out the new town, and commence the erection of a new capi tol building. In May of 1839 the Capital Com missioners met at Napoleon in Johnson County and began operations and surveys which resulted in the laying out of Iowa City on the east bank of the Iowa River. Prior to the public sale of lands in Johnson County, claims were made by settlers who band ed themselves together for self protection and Ihe equitable adjustment of their claims in an organization known as the "Claim Association of Johnson County. ' ' Among the members who REMOVAL FROM OFFICE 259 signed their names to the constitution of this Claim Association, in March, 1839, was Robert Lucas; and among the recorded claims is one purchased by Lucas, in February, 1839, of John Kight and lying immediately south of what later became Iowa City.195 Upon this land Gov ernor Lucas afterwards built a home in which he lived the last years of his life. Through the summer months, after the site of the new capital had been laid out by the Com missioners, buildings began to appear, laborers came in to aid in the erection of the Capitol, and soon a thriving town was developed on the banks of the Iowa. In the autumn of 1839 Governor Lucas, ac companied by his two daughters and General Jonathan Fletcher, of Muscatine, made a visit on horseback to the new seat of government. While there they lodged with Mathew Teneick in a house built of hewn logs and standing at the corner of Iowa Avenue and Dubuque Street.196 By the summer of the following year the Com missioners were ready for the laying of the cor ner-stone of the new Capitol.197 The ceremony took place on the Fourth of July, 1840, upon which occasion Governor Robert Lucas again visited Iowa City and delivered the principal address. In the city park a public dinner was 260 ROBERT LUCAS served, and the celebration was attended with great enthusiasm. The rapid growth of the Territory early sug gested to Robert Lucas the formation of a State government. In his message to the second Leg islative Assembly he recommended the passage of a memorial to be sent to Congress asking that body to take the necessary measures to allow the people of Iowa to form a State constitution and government. He also advocated the passage of an act by the Legislative Assembly to provide for the calling of a constitutional convention as soon as Congress should pass an enabling act. The Governor even went so far as to suggest boundaries for the new State, recommending the Mississippi and Missouri rivers on the east and west, and the St. Peters, Blue Earth, and Calu met or Sioux rivers on the north. The legislature of the Territory, however, took no action during this session, but before adjourn ing made arrangements for the holding of a special session on July 13, 1840. Lucas now proposed a different line of action. A bill had been by this time reported to the national House of Representatives by the Committee on Terri tories, enabling the people of Iowa to form a constitution and State government. Assuming that this bill would pass Congress, Governor REMOVAL FROM OFFICE 261 Lucas suggested to the Assembly the passage of a law providing for "taking the sense of the people of this Territory on the subject of a Con vention at the ensuing annual election." The Assembly carried out this suggestion, and in the fall election of 1840 the question was submitted to a vote of the people of the Territory. The result was 937 votes for and 2907 votes against the holding of a convention. Thus it was evi dent that the people considered the movement premature, and so Lucas refrained from further agitation of the matter. The Governor of the Territory of Iowa was at the same time Superintendent of Indian Affairs for the Territory, an office which entailed upon Robert Lucas no small amount of business. There was a great deal of correspondence to be carried on with the Indian agents and with the United States authorities. For aid in this superintend- ency Jesse Williams seems to have been employed under the title of Messenger, and the press of correspondence seems to have induced Governor Lucas to employ Williams in the additional capacity of Clerk in the Department of Indian Affairs with the hope that the government would see the need for such service and provide com pensation therefor. This item of expense in the final accounts of Lucas with the general gov- 262 ROBERT LUCAS ernment was, however, disallowed by the Secre tary of the Treasury.198 Lucas negotiated no treaties with the Indian tribes, but his efforts were called into service to secure the proper dis tribution of the government annuities already provided for and to protect the Indians against the exploitation of traders and trading com panies.199 Thus with the succession of stirring events and busy office duties the three years of pioneer governorship allotted to Robert Lucas passed quickly by. The election of William Henry Harrison in the fall of 1840 as the new Presi dent of the United States sealed the fate of the Democrats for the time being in the Territory of Iowa. Particularly did the election of this veteran Whig remove all hope for the reappoint ment of Governor Lucas; for a personal enmity had existed between these two individuals for nearly thirty years. Away back in the campaign on the Sandusky in the War of 1812, Lucas as a Brigadier General had reported to a meeting of Ohio Militia officers in General Harrison's camp resolutions strongly condemning that officer. Again in the presidential campaign of 1837, when William Henry Harrison was defeated for the Presidency by Martin Van Buren, Lucas had indignantly repudiated charges of his favor- REMOVAL FROM OFFICE 263 ing Harrison and had used his efforts to defeat that gentleman in his own State of Ohio. Ac cordingly, the removal of Governor Lucas was expected and speculation became rife as to who would be his successor. General James Wilson of New Hampshire was prominently mentioned as a possibility; while from the Territory of Iowa two candidates, Philip Viele and Joseph C. Hawkins, went to Washington to present their claims.200 The choice fell, however, upon Colonel John Chambers of Kentucky, a life-long friend and companion-in arms of President Harrison. It was the general expectation, however, that the change of officers would not be made until the expiration of the term on July 4, 1841. But President Harrison lost no time in making ap pointments. He was inaugurated on March 4th, and on the twenty-fifth of the same month a commission was made out to John Chambers as Governor of the Territory of Iowa. Ten days later Chambers stood by the death bed of the President. The new Governor soon started to the Terri tory of Iowa. On the twelfth of May he reached Burlington where he was greeted at the wharf by a delegation of citizens and welcomed on their behalf by James W. Grimes.201 264 ROBERT LUCAS In the meantime Lucas had received no official notice of a change in the office of Governor and had continued in the exercise of his duties as usual. On April 30, 1841, he issued a proclama tion to the effect that the next Legislative As sembly would convene in Iowa City, where, although the new capitol was still unfinished, accommodations had been generously promised by the citizens. When Chambers reached Burlington, Lucas was out of town and did not return until some time later. Chambers, however, without sending any word to his predecessor or bringing to him any notice of his removal, took the oath of office on May 13, 1841, and began the exercise of official duties. On June 17th, a few days after his return to Burlington, Lucas received a letter from Daniel Webster, Secretary of State, notify ing him of the appointment of John Chambers as his successor and asking him to turn over to the new Governor "after he shall have arrived in said Territory" the books, papers and other property of the United States in his possession. This belated notice was answered by Lucas on the following day. He wrote that before leaving Burlington he had, hearing of the appointment of Colonel Chambers, left instructions that the "Seals of Office, with all the appendages," should REMOVAL FROM OFFICE 265 be delivered to him upon his request, should he arrive in the absence of Lucas, present his cre dentials and file a certificate of his oath of office. He expressed his astonishment that neither the new Governor nor the United States authorities had hitherto sent him any notice. "I shall", he remarked in closing, "from the receipt of your letter [June 17, 1841], consider my commission, as Governor of Iowa Territory revoked."202 Thus ended the Governorship of Robert Lucas. It had not been a peaceful term of office. The opening had been marred by the intrigues of an ambitious subordinate. The close was a spectacle of the inexorable working of the Spoils System. There had been stormy sessions Of the Legisla tive Assembly and much difference of opinion. Many were the enemies made by the ste.rn old Governor and feeble was the appreciation, at the time, of the great service he was performing. But years of calm retrospection have brought to the people of Iowa a keener insight into the honest and capable statesmanship of Robert Lucas and a constantly increasing respect for the stalwart pioneer Executive of the Territory of Iowa. Soon after his removal from office, Lucas seems to have made his home at Bloomington (now Muscatine), being admitted as early as June 29, 266 ROBERT LUCAS 1841, to the Masonic Lodge at that place.203 Here for nearly two years he lived a quiet life, occasionally speaking at a Democratic meeting or addressing a temperance society and now and then making a trip to Burlington or Iowa City. When Lucas left Ohio in the summer of 1838 he came to the new Territory alone. In the spring of 1839 William Reed, a nephew of Rob ert Lucas, made a trip to Iowa and brought with him by steamboat two of the Governor's daugh ters, Abigail and Mary. And during the same year, Edward, the fourteen year old son of the Governor, started across country from Piketon to Burlington on horseback by way of Circleville, Indianapolis, and Peoria. A manuscript expense account of this trip shows that the boy reached Burlington with an expenditure of only $23.37^. The story is told that Edward, having arrived at Burlington on his fourteenth birthday, cele brated the occasion by catching three catfish and threshing a' boy who kicked his hound dog. Meanwhile Mrs. Lucas still clung to the old home at Friendly Grove. But the accounts from the Territory gradually modified her determina tion to remain in Ohio, and she finally decided to visit Iowa and see how she liked it. It was sometime during the year of 1840 that she came out to the frontier to rejoin her husband. XXIV Later Politics On May 16, 1843, Robert Lucas and his family left Bloomington on the steamboat "Iowa" and returned to Ohio. His purpose was presumably to wind up his affairs in Ohio, for his correspond ence during the years of his Governorship shows that he still owned considerable property in that State. The five years of absence had not effaced the memory of Robert Lucas from the minds of his political friends in Ohio. On August 31, 1843, a Democratic convention of the 8th Congression al District of Ohio met in Chillicothe. Allen G. Thurman, the former Private Secretary of Lucas during his Governorship in Ohio, was Secretary of this convention. On the second ballot the convention nominated Robert Lucas as the Democratic candidate for Congressman in the 8th District. The nomination had not been sought for by Lucas, but he acceded to the wishes of his friends and entered the race. But he was doomed to disappointment. The election result- 268 ROBERT LUCAS ed in a victory for the Whigs, and John I. Van Meter, who had defeated Lucas for the State Senate in his last campaign in Ohio in 1837, was chosen to represent the district in the na tional House of Representatives.204 In the early spring of the next year (1844), having sold the farm at Friendly Grove, Robert Lucas returned to Iowa, and made Iowa City his home. Here he built a house which still stands upon the claim he had bought years before on the south edge of the town. By the summer of 1844 Iowa City had assumed thriving propor tions and, as the new capital, was taking a prominent part in the politics of the Territory. The topic which now engrossed the attention of the people of the Territory was the formation of a State government. The question of calling a constitutional convention, which had been so overwhelmingly voted down in 1840, had been submitted to the people at the August election in 1842, and again defeated. In April of 1844, however, a third vote by the people of the Ter ritory resulted in a large majority favoring a constitutional convention; and so the campaign began for the election of members of the con vention.205 The campaign of 1844 was carried out on party lines. Johnson County was entitled to LATER POLITICS 269 three delegates. Of the three candidates nomi nated by the Democrats, Robert Lucas was one. The election was to take place on August 5, 1844. Now the laws of the Legislative Assembly which provided for the election of delegates, up on a favorable vote at the April election, had stated that "said delegates shall be citizens of the United States, and shall have resided six months within the Territory before the election aforesaid." Since Lucas had returned from Ohio during the month of February or March he had not been a resident of the Territory for six months immediately preceding the election. This point was made much of by his opponents, and the added fact that he had run for office the fall be fore in the State of Ohio gave opportunity for them to brand him as a confirmed office-seeker.206 But the eminent fitness of the Ex-Governor as a constitution-maker could not be questioned, and the faith of the Democrats in their venerable chief was not to be shaken by technicalities of residence. The election in Johnson County re sulted in the choice of Henry Felkner and Rob ert Lucas (both Democrats) and Samuel H. Mc- Crory, one of the Whig candidates. On October 7, 1844, the Convention met in the Old Stone Capitol in Iowa City and held session for twenty-six days, adjourning on No- 270 ROBERT LUCAS vember 1, 1844.207 Robert Lucas was appropriate ly placed at the head of the Committee on the Ex ecutive Department, and in the debates contended strongly for the conferring of the veto power upon the Governor of the State. He was a member of the Committee on State Boundaries, which reported to the Convention the Lucas Boundaries — in substance those suggested by that Governor in his message to the second Leg islative Assembly in 1839. These boundaries, by which the State was made to extend from the Missouri to the Mississippi River and from the Missouri State line north to the St. Peters River, were accepted by the Convention.208 Lucas was also a member of the Committee on State Revenue. During the debates upon the provisions of the Constitution, he took a fre quent part. He vigorously opposed the prohi bition of banking corporations in the State, believ ing that the people were capable of managing this matter for themselves. He also advocated the individual liability of stockholders in corpora tions. He objected strongly to the proposal of Hempstead to combine the offices of Lieutenant Governor and Superintendent of Public Instruc tion, and urged the importance of a strong and independent school system. His counsel upon matters before the Convention seems in the main LATER POLITICS 271 wise and conservative and his services as a mem ber of this constituent assembly were of great value because of his long and varied career in governmental affairs. Upon the adjournment of the Convention the Constitution was submitted to Congress. That body, however, took exceptions to the Lucas Boundaries, and proposed to 'deprive the State of the land bordering the Missouri River. Large ly because of the boundaries prescribed by Con gress the people refused to accept the Constitu tion; and Iowa still remained a Territory. In December of 1844 Robert Lucas made his final trip to Ohio for the purpose of definitely settling his affairs in that State and removing permanently to Iowa City. His property near Jasper in Pike County seems to have been his headquarters. From this place he wrote a long letter to Samuel Medary, an old time Ohio friend, in which he opened his heart freely and con fided his desire to be reinstated as Governor of the Territory of Iowa by President Polk, who was to take the chair of the Chief Executive the next month. Having been informed that Joseph Williams was desirous of the appointment, he protested that Williams had become a Tyler man upon being reappointed as District Judge by President Tyler, and therefore as a renegade 272 ROBERT LUCAS Democrat ought not now to receive consideration at the hands of the new Democratic Administra tion. This movement to support Williams, Lu cas declared, had induced the friends of the Ex- Governor to push forward the claims of Robert Lucas for reappointment. He added that such reappointment, placing him again in the position from which he had been so abruptly removed by Harrison, would be very gratifying to him. "My claim to the appoi[n]tm[ent] of Gov[er]n- or of the Territ[or]y", he wrote "is fo[u]nded on the confidence of the people of the Territ[or]y, and I have abunda[n]t reason to believe that when I was dismis[se]d by Gov[erno]r Harrison that it was agai[ns]t the wish of at least three fourths of the Citizens of the Territory." He half pathetically apologizes for this request of his friend and closes with the words: "As an old friend I have opened my mind to you freely. You are acqua[in]ted with my character and qual[i]fications for the appoi[n]tm[en]t appli[e]d for, and any aid that you can render will be gratefully remembered."209 His hopes, however, were not fulfilled. Chambers retained his seat until November, 1845, and in that month James Clarke was appointed Governor of the Territory, which office he held until the State Government went into operation in December, 1846. LATER POLITICS 273 Lucas expected to return to Iowa during the latter part of March, but his letters of these days show that he did not leave until at least the last of April, 1845; and not until November 28, 1845, is his attendance recorded in the Masonic meetings at Iowa City where he had joined the local lodge in August of the preceding year. From his return to Iowa in 1845, to his death in 1853, he lived a rather quiet life on his farm south of Iowa City. The year 1846 was marked by the events connected with the transition from Territorial to State Government. Here again the almost pathetic desire of the Ex-Governor to hold the office of Chief Executive of his chosen people showed itself. He had through out his life been a servant of the public. Aside from his early experiences as a surveyor, a village storekeeper and farmer, he had had no other occu pation. Politics was, indeed, his profession. And now as his declining years came upon him and the fate of the superannuated statesman brought him that fretful idleness that is so hard for men of action to endure, he forgot that his years were behind him, and turned with longing eyes to the Governorship of the State whose early destinies he had watched and guarded as the pioneer Ter ritorial Governor. But Lucas was sixty-five years of age, and he 18 274 ROBERT LUCAS had by his intense spirit made many enemies. Younger men had entered the field, and the stern old organic Governor of the Territory was for gotten. Ansel Briggs, who had in 1839 come to Iowa from the State of Ohio with a letter of introduction to Governor Lucas from Governor Shannon of that State, was nominated by the Democrats of Iowa and elected as the first Gov ernor of the State.210 Time passed and the allotted four score years and ten approached. The quietness of the re tired farm life brought opportunity for medita tion. But the life-long politician could not give up his interest in politics. The years of his political experience had begun with the century; and since the days of Thomas Jefferson he had been always a Democrat. He had seen the Federal party sink feebly to its death after the War of 1812 and the uncertain gropings of fac tions take its place — factions that wavered and veered from point to point of the political com pass and knew no anchorage save their allegiance to personalities. Out of this chaos of personal politics Lucas had seen order come once more. He had watched the origin and growth of the Whigs, and in campaign after campaign had struggled against them. He had presided over the first national convention of the Democratic LATER POLITICS 275 party, and had upheld Democratic principles through three terms of Governorship. He had been a Democrat for over half a centuiy, through years of success and years of defeat. He had grown old in the service, but he was not to end his days in the camp of his life-long following. With the year-1850 there came another period of party moulting. The Compromise of that year, while it cleared the air of immediate dis turbances and for a while seemed to quiet the growing restlessness of political feeling, could not long force peace upon a house divided against itself, and the decade that followed became a time of great shifting of party affiliations. The day had come when the grand old Democracy was rent with many factions. Life-long Demo crats, some because of anti-slavery principles and some for other reasons, turned their backs upon the party and joined the Whigs or the Free Soilers. The Whigs also were consumed with dissensions and were rapidly giving up to the disintegrating forces that paved the way for the origin of the new Republican party. Among the staunch Democrats who left their party affiliations after a lifetime of unswerving devotion was Robert Lucas. When Franklin Pierce was nominated in 1852 as the Democratic candidate for the Presidency of the United States, 276 ROBERT LUCAS Lucas publicly stated his determination never to vote for him as Chief Magistrate. In reply to a letter from S. M. Ballard, editor of The Iowa Republican, he wrote, on September 3, 1852, a statement of his views and declared his intention to vote for General Winfield Scott, the Whig can didate. Unfortunately neither this letter nor the file of the paper in which it was presumably pub lished, has been preserved, so that the exact motives which impelled his change cannot be as certained.211 It is generally reported, however, that the Ex-Governor was unable to subscribe to the position of the Democratic party and its nominee upon the slavery question. On September 2, 1852, the Iowa City Central Scott Club held a meeting and elected Robert Lucas as its President. The venerable Ex-Gov ernor accepted this position in the Whig forces, and on the 8th of September took the chair and presided over a meeting of the Club. Upon this occasion he delivered, according to the newspa per account, an "appropriate address, which was loudly and frequently cheered by the delighted audience, among which were a number of la dies."212 It was his last recorded political speech and his last political move. It could not have been other than sincere. He had nothing to gain by the change except the satisfaction of his own con- LATER POLITICS 277 science. Long since had the time passed when he could think of holding office. From the quiet of his farm he had for years watched the trend of politics as an old general might with eager interest watch from afar the course of a battle and fervently pray for the success of the army whose movements he no longer could guide. Though he had ceased to take an active part in politics he never ceased to take an active in terest. The dominant note of his life had been political; and now in the last few months of his career the event was political which brought him from his quiet and woke once more the gleam of his former. intense spirit. Be the motive what it may, his strong convictions forced him to turn from his life-long comrades. It was to be his last vote, but of this he was not aware. Perhaps he did not know that the Whig party was near- ing its death. Probably he did not care. He could not vote for Franklin Pierce, even though he represented the party which so long had claimed his allegiance. And so the venerable Democratic warrior with the last strength of his feeble steps crossed to the camp of the party which he for so many years had fought, cast his lot with the tottering fragments of the old Whig forces, and breathed out his own life five months later at his home at Plum Grove, a Whig. XXV Political Philosophy "I have always viewed Thomas Jefferson as the apostle of Democracy, and his political principles as the true standard, by which to test the ortho dox opinions of professing Democratic Republi cans." These words uttered by Robert Lucas in April of 1838 may fairly be taken as an indica tion of the scope and trend of his political phi losophy, which is reflected in certain Fourth of July orations, and in letters and official acts and utterances. His political ideas were never hazy or ill defined. They were clear-cut and decided; and in expressing them, although he may have lacked grace and literary finish, Robert Lucas spoke with a directness and vigor that left no doubt as to his meaning. The generally accepted theories of Democracy claimed his allegiance throughout life. He be lieved strongly in a strict adherence to the fun damental law whether in Federal or State Consti tution or in the Organic Act of the Territory; and references to these authorities invariably POLITICAL PHILOSOPHY 279 constituted the basis of his arguments. He al ways maintained an aggressive opposition to the United States Bank, and in 1838 he character ized the whole bank question as the most menac ing one to the interests of the American people. The theory of State Rights had a strong attrac tion for the mind of Robert Lucas. Born in the State of Virginia he may have imbibed in his early youth this belief in the sovereignty of the State. Especially during his Governorship of the State of Ohio does he hold to this philosophy. In 1835, when he was involved in the controversy over the boundaries, his letters to the Federal government and his various messages and procla mations constantly exploit this theory to support the claims of Ohio. He was not, however, led so far afield as to acknowledge or yield encouragement to the doc trine of Nullification. On the contrary, he took occasion upon his inauguration as Governor of Ohio in 1832, to say: "The doctrine of Nullifica tion (as it is called) that has been zealously and no doubt seriously asserted by many eminent politicians in South Carolina, I believe to be without the support of constitutional authority, dangerous in its consequences, and if adopted, would lead to anarchy, and the ultimate dissolu tion of the Union." 280 ROBERT LUCAS The controversy in the Territory of Iowa be tween the Governor, the Secretary, and the Leg islative Assembly emphasizes several basic prin ciples in the political theory of Robert Lucas. In the first place it shows his democratic desire for economy in governmental expenditures and his opposition to the Territorial policy of exploit ing the United States Treasury. Secondly, it shows clearly his belief in the independence of the executive department of government. His insistence upon this belief in the case of the veto of bills was largely the cause of his final rupture with the legislature. Again, in the Constitution al Convention of 1844, he showed by his vigor ous defense of the executive veto that he still maintained his belief in executive independence. Intensely patriotic, his reluctance to see his State or country deprived of an inch of territory showed itself twice in boundary disputes in which as a Governor he became involved. The same attitude showed itself once more in the campaign of 1843 in Ohio when the Oregon question was occupying the public attention. Lucas was quoted as being "in favor of taking possession, and if need be, with an armed force, of the Territory of Oregon."213 But with all his intense military spirit he was generally conservative in a crisis and rarely lost ground by rash moves. POLITICAL PHILOSOPHY 281 The slavery question claimed his notice as early as 1835. In that year, in connection with the agitation of the early abolitionists in Ohio and other free States and the resulting protests from the slave States, he wrote as follows in his message to the legislature of Ohio: The community, of late, appears to have been thrown into commotion on the subject of slavery in the south ern states, and as citizens of a common country, we cannot view that commotion with indifference. We have not one word to say in favor of the principle of slavery. We view it abstractedly, as both a moral and political evil; but it was interwoven in our political system at its first organization, and its existence has been con tinued in many of the states as a part of their local policy. With this policy we have no right to interfere. Each state has the constitutional right to regulate its own internal affairs; and it was with extreme regret we wit nessed the recent excitement in the slaveholding states, produced by the misguided zeal of individuals residing in the free states. The conduct of these individuals we sincerely deprecate; and the public sentiment of the people of Ohio has stamped their conduct with the seal of disapprobation, and will doubtless continue their ex ertions to allay all excitement with regard to this delicate question, as far as the moral force and controling in fluence of public opinion can extend; but we are firmly of the opinion that no legislative acts can be passed on this subject, as suggested by some of the southern states, without an entire disregard to the constitution of the state of Ohio. The constitution declares "that the print- 282 ROBERT LUCAS ing press shall be open and free to every citizen who wishes to examine the proceedings of any branch of gov ernment, or the conduct of any public officer; and no law shall ever restrain the right thereof. Every citizen has an indisputable right to speak, write or print upon any subject, as he thinks proper, being liable for the abuse of that liberty." Our constitution also declares "that no person shall be liable to be transported out of this state for any of fense committed within the state." These two provi sions will effectually bar any legislative action on the subject, in accordance with the suggestions of some of the southern states. The good sense of the community, and the moral force of public opinion will control this matter, and will doubtless manifest to our brethren of the south, that, while we yield none of our principles, we are disposed to respect the rights and feelings of others. 2M Three years later, in writing to Thomas L. Hamer about the "squally times in Congress with the abolition question", he expressed the opinion that the danger could be warded off by an adherence to the principles of the Constitu tion. He maintained that while the North had no right to interfere with the "internal regula tions" of the southern States, neither had the South a right to interfere with the right of peti tion by the people of the North. Later years seem to have brought to Lucas more decided views in opposition to slavery. He predicted POLITICAL PHILOSOPHY 283 the Civil War upon the ground of slavery, but died before his predictions were fulfilled. Robert Lucas was a man of practical political sense rather than of formulated political theories. Self-taught to a large degree, he cared little for the abstractions of governmental philosophy. He spent his life in the political field and watched men and events with a keen eye. A shrewd common-sense added to years of experience gave him a knowledge of political affairs and a judg ment in governmental policies that were funda mentally solid; and by the light of these he ordered his ways as a public officer. XXVI The Last Days The retirement of- Robert Lucas from active political life was by no means a hermitage. He retained his interest in public affairs and occa sionally he took part in matters of a public nature. Occasionally he came to the meetings of his Masonic Lodge, and now and then his voice was heard in a public gathering. Beside his undying interest in political events there were three main topics of a pubhc character that in later days particularly enlisted his attention. These were: the temperance movement, the de velopment of a public school system, and the promotion of railways in Iowa. In the temperance movement he had been a prominent leader long before he left Ohio, and he brought with him to the Territory of Iowa a firm determination to use every effort to further this cause. There was certainly great need of reform of this nature in the new Territory where there was a prevailing tendency toward intemper ance. It too often pervaded the public offices THE LAST DAYS 285 and constituted a well known weakness of many of the Territorial legislators. Considering this condition of affairs it took no Little courage for the new Governor to condemn the evil and declare his determination to nomi nate to office no man who was addicted to the vice of intemperance. It made for him many enemies, but it had a salutary effect in the Terri tory. Lucas, however, had some strong co-work ers in the efforts towards temperance. James G. Edwards, editor of the Hawk-Eye and Iowa Pa triot, though opposed to the Governor in politi cal matters was enthusiastically in sympathy with him in his opposition to intemperance. Judges Charles Mason and Joseph Williams were also strong in their support of the cause. A convention of the friends of the movement met in Burlington on November 11, 1839, and organized a society under the title of the Iowa Territorial Temperance Society. Robert Lucas was chosen President and Chief Justice Charles Mason Vice President of the Society.215 The interest of Robert Lucas continued after his Gov ernorship ceased. In the last year of his life a movement was organized in the East to secure the portraits of a number of the prominent tem perance leaders of the country and have a group picture engraved as a memorial to the cause of 286 ROBERT LUCAS temperance. A request was made of Lucas for a picture of himself, in response to which, on July 7, 1852, he had a small daguerreotype taken.216 The establishment of a system of education had also received the support of Robert Lucas before his migration to Iowa. In his first mes sage to the legislature of the Territory of Iowa he drew particular attention to the need of mak ing provision for the common schools of the Territory, and never afterward did his interest in this movement flag. Nor was his attention given entirely to the common schools, for we find that in 1849 Robert Lucas was a member of the Board of Trustees of the State University of Iowa.217 A very important educational step was taken on December 14, 1848, when a State convention of the teachers and friends of education of the State of Iowa met in the Old Stone Capitol at Iowa City.218 Robert Lucas, upon motion of Thomas Hart Benton, State Superintendent of Public Instruction, was chosen President of the convention, and upon taking the chair delivered a few remarks upon the subject of popular edu cation. At this meeting a constitution was drawn up and adopted for the permanent organization of the association under the title of "The Educa- THE LAST DAYS 287 tional Convention of Iowa." Its object was stated to be "to promote by every laudable means the diffusion of knowledge in regard to education and especially to aid in establishing and perpetuating a system of common school instruction in this State." Thomas Hart Benton was chosen as President of the organization. The convention drew up a series of resolutions, and adjourned after a two days session. It is interesting to note that a resolution favoring the striking out from the school law the word "white" wherever it occurred, and allowing the colored child equal educational privileges with the white, was de feated. Robert Lucas was a typical western man, be lieving in the development of the West and its resources. Throughout his career in Ohio his efforts to establish roads and perfect a great canal system for that State were particularly marked. In Iowa the legitimate successor of the canal — the railroad — claimed his interest. In 1850 enthusiasm over railroads toward the west ran high in Iowa. In January a large conven tion of the friends of the Dubuque and Keokuk Railroad met at the Old Stone Capitol in Iowa City with delegates from fourteen or fifteen counties in attendance. Robert Lucas was a delegate from Johnson County and seems to have 288 ROBERT LUCAS been prominent enough in the convention to be chosen as one of the Vice Presidents of the ses sion.219 A month later another State railroad convention met at Iowa City, this time in the interests of the Davenport and Council Bluffs Railroad. Robert Lucas was appointed chair man of the committee on resolutions and brought. in a report and resolutions which cover five columns of the Iowa Capitol Reporter.™ Thus in his last days we find Robert Lucas — always a pioneer — exerting his best energies to ward the development of three great pioneer movements: education, temperance, and railway communication. What could have been more important than these to a frontier community? His labors were not simply those of a theorist or well-wisher. A long lifetime had shown him the need of these movements. In his own youth he had lacked much in the way of education. He had been largely self-educated and knew the difficulties that confronted the pioneer settler who desired to educate his children. In his young manhood he must have seen clearly the evils of intemperance. His father-in-law, John Brown, kept an old-time tavern on the banks of the Ohio River, and here Lucas lived for some time and could not have failed to witness many object lessons teaching the need of temperance THE LAST DAYS 289 reform. And the long years of his pioneer ex perience had taught him that in the development of a frontier community, almost as essential as the mitigation of the curses of ignorance and in temperance, was the development of means of communication between the settlers. It was a far cry from the Shenandoah Valley to the prairies beyond the Mississippi in the first half of the nineteenth century; and the story of those hardy pioneers who pushed out to the West in advance of civilization and conquered the forests and plains is one of toil and hardship. They left the comforts of civilization and braved the dangers of the unknown land. They cleared the forests and tilled the plains through long; and weary years of loneliness. They planted! towns and organized governments and moved on again to the westward while others came to settle in comfort upon the lands they had tamed. Often the pioneer lived to see farms and towns dot the land whose virgin soil he had turned and witness a younger generation take charge of and administer the government he had framed, with little thought for the passing of the first sturdy settlers. This was natural; it was inevitable. But it was sometimes hard for the pioneer to understand. He failed to grasp the truth of the doctrine that one shall sow and another reap. 19 290 ROBERT LUCAS The life of Robert Lucas had brought many disappointments. With all the intensity of his spirit he had cherished longings and ambitions which in the nature of things could not be ful filled. He had been privileged to sow the seed. It was given to others to reap the harvest. His years had been many and his services great. He had seen a great State rise from the wilderness north of the Ohio River and had given it a third of a century of his own life's work. He had guided the beginnings of the promising Terri tory of Iowa and helped it to gain admission as a new State of the Union. But now the years of his life were nearly spun out and others must take up the work he had hoped to perform. Strong men with intense convictions can not help but make or mar the destinies of the commonwealth, and the effect — good or evil — ¦ depends on the ruling principle of the individual. Robert Lucas was a man of unquestioned strength and vigor, and throughout his public career he was dominated by a genuine patriotism and sincerity of purpose. His public service was mark ed by storm and stress. He decided upon a course of action and with invincible tenacity clung to his policy. He made his mistakes, as all men must, but subsequent events have proved them to have been very few. The general effect of a THE LAST DAYS 291 strong and vigorous administration of affairs by a man experienced in politics and wise in states manship made the term of office of the organic Governor of the Territory of Iowa one of which the people of the Territory and State have shown far too slight an appreciation. The home which Governor Lucas had built south of Iowa City in 1844 was the home of his last days. Because of the plum trees before the house, he called it Plum Grove; and here in the midst of his family he quietly rested from his long life's work. He had since the days of his young manhood been a devout Christian man and a strong pillar in the Methodist Church. Now he waited for the approach of death with calmness. The hand which had once signed proclamations and messages in the Executive Journal of the Territory, now with more falter ing lines and less legible letters recorded in the back of that same Journal page after page of religious poems and hymns. Day after day he seems to have thus occupied himself. On the margin of old newspapers and on the backs of public documents are still found expressions of his hopes of immortality and final salvation. Interwoven with them is an undying evidence of his affection for his family; for in acrostic form the initials of the lines of many of his hymns 292 ROBERT LUCAS spell out the names of his wife and his children, his nephews, nieces, and grandchildren.221 On the last day of the year 1852 he recorded a hymn full of hope and cheer in the pages of the journal he had kept during the Hull cam paign in the War of 1812. Five weeks later in the early morning of Monday, February 7, 1853, Robert Lucas died at Plum Grove, and on the following day he was buried in the cemetery at Iowa City.222 NOTES AND REFERENCES NOTES AND REFERENCES CHAPTER I 1 In A Partial List of the Families who Resided in Sucks County, Pennsylvania, Prior to 1687, taken from a certified copy of the original in possession of the Historical Society of Pennsylvania, appears the follow ing entry: "Robeet Lucas, of Deverall, Longbridge, in the County of Wilts, yeoman. Arrived in this river the 4* of the 4* Mo., 1679, in the 'Elizabeth and Mary', of Waymouth. Elizabeth, his wife, arrived in the ship the 'Content', of London, theM* ., William Johson, in the 7'n M°., 1680. Children, John, his son, born the 11* 11th M"., 1654, Giles, Edward, Robert, Elizabeth, Rebecca, Mary, & Sarah." — The Pennsyl vania Magazine of History and Biography, Vol. ix, p. 228. This early Robert Lucas seems to have been an im portant personage in Crewcorne (as the little settlement on the Delaware River was called). In 1680 his name appears signed to a petition to the Governor of New York for the suppression of the sale of liquor to Indians. Some time later the new court in Bucks County ap pointed him Justice of the Peace. On the 20th of Feb ruary, 168', after the arrival of William Penn, an elec tion was held for members of the Council and Assembly for the new colony. Nine members of the Assembly and three members of the Council were elected from 296 ROBERT LUCAS each of the six counties, and among those chosen to sit in the Assembly was Robert Lucas. The meeting oc curred on the 10th of the following month (March), and Penn laid before them the Frame of Government. Together they made out a new charter which the founder of the colony signed and sealed in their presence. — See Davis's History of Bucks County Pennsylvania, Vol. i, pp. 30, 36, 37, 66. Winsor's Narrative and Critical History of America, Vol. in, pp. 484-486. 2 A genealogy of descendants of John Rush appears in The Pennsylvania Magazine of History and Biog raphy, Vol. xvii, p. 325. 3 These facts were obtained from the Manuscript Notes, of Samuel Brown, of Piketon, Ohio, and from Evans's Historical Record (manuscript volume, No. 5). 4 Evans's History of Scioto County, Ohio, p. 209. This company was also known as Captain Philip Talia ferro's Company and as Captain Thomas Minor's Com pany. s Manuscript letter of Edward W. Lucas to Dr. T. S. Barnes, of Chillicothe, Ohio, now in the possession of Miss Elizabeth Barnes of Piketon, Ohio. 6 In 1838 Robert Lucas, in answer to an inquiry from John Forsyth, Secretary of State, wrote: "I was born in Jefferson County, Virginia, on the lst day of April A. D. 1781." — See Shambaugh's Executive Journal of Iowa, 18S8-18U, p. 3. 7 Taylor's Ohio Statesmen and Annals of Progress, Vol. i, p. 138. 8 Caleb Atwater's General Robert Lucas in Annals of Iowa, Third Series, Vol. vi, No. 2, July, 1903, p. 124. NOTES AND REFERENCES 297 Lloyd's Robert Lucas, the First Governor of Iowa, in Annals of Iowa, Vol. vin, January, 1870, p. 45. The name of the writer of this latter sketch does not appear in connection with the article; but investigation proves it to have been written by Dr. Frederick Lloyd who was at that time editor of the Annals of Iowa. Dr. Lloyd evidently had access to the letters and papers of Robert Lucas, and his sketch is the best that has thus far appeared in regard to the life of Robert Lucas. 9 Evans's History of Scioto County, Ohio, pp. 101, 126. 10 Taylor's Ohio Statesmen and Annals of Progress, Vol. i, pp. 35, 37. See also Evans's History of Scioto County, Ohio, pp. 126, 127. 11 Lloyd's Robert Lucas, the First Governor of Iowa in Annals of Iowa, Vol. vin, January, 1870, p. 45. The date at which William Lucas migrated to Ohio is variously given by writers upon the subject. It seems difficult to determine whether it occurred in the year 1800, as given by Evans, or in 1802, as given by Caleb Atwater, by Howe in his Historical Collections of Ohio, and by the writer of a newspaper sketch of Robert Lucas, published in 1834. 12 The will of William Lucas, dated June 4, 1813, in the Probate Office of the Scioto County Court House, Portsmouth, Ohio, and Volumes A, B, and C of the Record of Deeds in the Recorder's Office in the same building show that he was possessed of considerable valuable land in the rich bottoms of the Scioto Valley. !3 United States Statutes at Large, Vol. n, p. 58. 298 ROBERT LUCAS " King's Ohio, First Fruits of the Ordinance of 1787, pp. 296-304. CHAPTER II 16 Access was had, through the kindness of Mr. Nelson W. Evans, of Portsmouth, Ohio, to eleven volumes of manuscript material relative to the history of Scioto County and Southern Ohio. Here were found extracts from the journals of the County Commissioners of that county in which reference is made to this survey by Beasley and Lucas. 16 There are, among the letters and papers of Robert Lucas, commissions issued to him for the following offices: Surveyor of Scioto County, December 26, 1803; Lieutenant, May 24, 1804; Justice of the Peace, De cember 16, 1805; Lieutenant-Colonel, February 14, 1807; Captain of a volunteer company, August 25, 1807; and Colonel, February 20, 1809. 17 Henry Adams's History of the United States, Vol. iv. This work, covering the administrations of Jeffer son and Madison, gives a very valuable discussion of this period of American history. 18 These orders are found in the letters of General Joseph Darlington to Robert Lucas in August and Sep tember of 1807, which are among the letters and papers of Robert Lucas. 19 This song, with a short note by Robert Lucas ex plaining the circumstances under which it was composed and sung, is found, together with other songs and poems, written in the back pages of the original manu script copy of the Executive Journal of Iowa, 18S8— NOTES AND REFERENCES 299 184-1. These poems are mostly religious in nature, and many of them are in the form of acrostics. They cover one hundred twenty-three pages of the Journal, and with one possible exception are in the handwriting of Robert Lucas. 20 This document, or perhaps a copy of the original made at the time, is still in existence. But in the course of years the folded edges have been worn through and the manuscript is now in four pieces, one of which has been lost. The remaining portions when pieced to gether present the text as given above and the names of most of the volunteers. CHAPTER III 21 A number of the facts relating to the early life of Robert Lucas are found in the History of Scioto County, Ohio, by Nelson W. Evans. This volume of over thirteen hundred pages contains a very valuable collec tion of facts relative to the history of Southern Ohio. It appears to have been rather carefully compiled, con siderable of the material being taken from such original sources as old newspapers, official records,, gravestone inscriptions, and letters of the early settlers. 22 The story of this celebration is told in Reyes's Pioneers of Scioto County, a very interesting, if not an entirely trustworthy collection of biographical sketches. 23 Journal of the House of Representatives, 1808. 24 These letters of McArthur are found among the letters and papers of Robert Lucas. 25 Accounts of this episode are found in Keyes's Pio neers of Scioto County and in Howe's Historical Collec- 300 ROBERT LUCAS tions of Ohio. The latter work was compiled by Henry Howe, who traveled over Ohio on foot gathering his material largely from the old settlers in the towns through which he passed. It is a work of value; but from the manner of its preparation is not entirely reli able. It also seems to be tinged somewhat with parti sanship. The story of the arrest of Lucas is also well authen ticated by items which appeared in the Western Times in October, 1828, and by the admission of Robert Lucas himself in one of his own letters. 26 This letter is taken from the Western Times for October 4, 1828. 27 Although Glover retained a violent antipathy to his captive, the subsequent relations of Lucas and John R. Turner seem to have been of the most cordial nature. Much of their correspondence is preserved and shows that the two men for a score of years after the arrest were the most intimate and confidential friends. 28 This account of the perpetual motion machine is typical of the tales found in Keyes's Pioneers of Scioto County. It may or may not have been true. CHAPTER IV 29 Lossing's Pictorial Field-Book of the War of 1812 -contains an excellent description of the events leading up to the war, and a valuable portrayal of the details of the various campaigns. 30 This manuscript journal, found among the letters and papers of Robert Lucas, has recently been edited by John C. Parish and published by The State Histor- NOTES AND REFERENCES 301 ical Society of Iowa. Reference to this journal and frequent quotations therefrom have been made in the belief that the story of the campaign can best be told in this way. 31 An interesting sketch of William A. Trimble is found in the Ohio Archaeological and Historical Quar terly, Vol. xiv, No. 3, July, 1905, pp. 225-246. 32 In the office of the Adjutant General, in the State House at Columbus, Ohio, is a pay roll of Ohio soldiers in the service of the United States, copied from the Records at Washington. Here is found the roll of the company of John Lucas in which Robert Lucas is listed as a private. 33 See the letter of instructions from Governor Meigs to Captain Rupe in Parish's The Robert Lucas Journal, p. 77. 34 The term "Miami of the Lake" was the name then given to what is now known as the Maumee River. Originally these two Indian names were the same. 35 Brigadier General Isaac Brock, Provisional Lieu tenant Governor of Upper Canada, was in command of the British forces during the campaign of 1812. 36 See Letter of General Hull to the Secretary of War, William Eustis, June 24, 1812. This letter is printed in the Michigan Pioneer and Historical Collections, Vol. xv, 1890, p. 92. 37, Two American vessels started to Detroit, one carry ing the baggage and the other the sick. The first (the Cuyahoga) was captured by the British ship Hunter, while the second passed up the river to Detroit in safety. 302 ROBERT LUCAS 38 The place of Hull's encampment below Detroit was so called because of the number of clear springs which gushed out from the sand hills in this vicinity. CHAPTER V 39 See Parish's The Robert Lucas Journal, p. 27. 40 This proclamation may be found in the Michigan Pioneer and Historical Collections, Vol. xv, 1890, p. 106. It has sometimes been stated that the document was written by Colonel Lewis Cass, but no proof has been given for this claim. 41 Henry Adams's History of the United States, Vol. vi, pp. 316-321. CHAPTER VI 42 This letter, which Lucas copies in full in his jour nal on the twelfth of August, contains a very severe condemnation of General Hull for his management of the campaign. 43 Parish's The Robert Lucas Journal, p. 64. 44 It is interesting in connection with this campaign to notice the course of subsequent relations between Lucas and the three Colonels of the Ohio militia. Mc Arthur and Lucas were together term after term in the Ohio legislature. In 1830 they were opposing candi dates for the office of Governor of the State of Ohio — Lucas was defeated. Two years later they again ap peared as rival candidates for the Governorship. But at the last minute McArthur withdrew and entered the race for Congress, in which he was defeated. Lucas was elected Governor, and the year that saw him first installed in the executive chair marked the beginning of NOTES AND REFERENCES 303 TVIcArthur's retirement from public life. James Find lay, after spending a number of years in Congress, be- •came a candidate for the office of Governor of Ohio in 1834. Lucas was then a candidate for reelection, and was successful in the contest. After the War of 1812 Lewis Cass left the State of ¦Ohio and became Governor of the Territory of Michi gan. Many years later (in 1835-1836) when the contro versy over the boundary between Ohio and Michigan was at its height, Lewis Cass, then Secretary of War, and Robert Lucas, Governor of Ohio, became involved in a bitter quarrel over the settlement of the difficulties between the State and Territory. CHAPTER VII 45 In the official account of prisoners exchanged the name of Robert Lucas appears classified as a Captain of the United States Army. It seems probable that •General Hull must have done as Lucas feared and so returned his name to the British, although it was at his request that Lucas had disregarded orders as a regular army officer and stayed with General Hull's army through out the ill-fated campaign. For this account of the exchange of prisoners, and the official correspondence regarding the same, see the Michigan Pioneer and His torical Collections, Vol. xv, 1890, pp. 205-207. 46 On the page following this last journal entry Lucas begins to use the book for the record of more of his hymns, covering twenty-eight pages with compositions of this nature. The last one, on the subject of baptism, preceded his death less than six weeks. 47 Among the letters and papers of Robert Lucas is 304 ROBERT LUCAS found a subpoena issued to Lucas in October of 1812, requiring him to appear as a witness in the court-mar tial of General Hull on February 25, 1813. This first court-martial, however,' did not materialize. For the court-martial of January, 1814, at which General Hull was convicted, there is no evidence of a subpoena issued to Robert Lucas; and an examination of the official records of the trial in the Judge Advocate General's office in Washington, D. O, shows that he did not ap pear as a witness. 48 The following are a few passages taken from the Cass Report and The Robert Lucas Journal: Robert Lucas Journal This afternoon Colo Finley is ordered with a Detachment to the Spring wells and about Sun set Colos McArthur and Cass is ordered with a Detachment from their Regiments of 350 men, to march a back way to the riv[e]r Raisin to escort the provisions that had Some time remained there Cass Report About sun-set on the evening of the 14th a detachment of 350 men from the regiments com manded by Col M' Arthur, and myself, was ordered to march to the river Raisin to escort the provisions, which had some time remained there About 4 o'clock 2 vessels hove in Sight below Sandwich point, and their battery played upon the town. The fire was returned and continued without inter ruption and with little effect till Dark the Shells were thrown till 11 o'clock About four o'clock their batter ies began to play upon the town. The fire was returned and con tinued without interruption and with little effect till dark. Their shells were thrown till eleven o'clock NOTES AND REFERENCES 305 In entering into this capitula- In entering into this capitula tion the Gnl only consulted his tion, the General took counsel own feelings, not an officer was from his own feelings only. consulted, not one antisipated Not an officer was consulted. a Surrender till they Saw the Not one anticipated a surrender white flag displayed upon the till he saw the white flag dis- walls. Even the women was played. Even the women were indignant at the Shameful deg- indignant at so shameful a deg radation of the Americfan] redation of the American character, and all felt as they character and all felt as they should have felt but he who held should have felt, but he who in his hands the reins of au- held in his hands the reins of thority authority The assumption that Cass took his sentences from Lucas rather than the reverse is further borne out by the fact that where parallel descriptions occur, those of Lucas are the more detailed. 49 The dates between which Robert Lucas held com missions in the United States Army are given in Her man's Historical Register and Dictionary of the United States Army. 5° Among the letters and papers of Robert Lucas are found a number of orders and reports written by and to Lucas during these few weeks' service at Camp Ohio. 51 These resolutions, reported by Lucas in 1813, were reproduced in the Democratic Herald of Dayton, Ohio, in July of 1836 to aid in the defeat of William Henry Harrison, who in that year was a candidate for the Presidency of the United States. 52 This letter and a few others touching practically the same points are found among the letters and papers of Robert Lucas and constitute the only record of this interesting court of enquiry known to the author. 20 306 ROBERT LUCAS CHAPTER VIII 53 Journal of 'the Senate, 1814, passim. 54 In Taylor's Ohio Statesmen and Annals of Prog ress may be found tabulated statements of each legisla tive session of the State of Ohio, giving the names of the members in each house and the important business transacted. 55 An account of the early history of Pike County is found in a History of Lower Scioto Valley, Ohio, pub lished by the Interstate Publishing Company. In this book is a description of the store of Robert Lucas. Here also is found the statement that his taxes for the year 1822 were $7.11. There were only two tax-payers in Pike County paying a larger tax. 56 This hymn is one of those found in the back of the manuscript Executive Journal of Iowa, 1888-184.1. 57 A very detailed description of this house and a cut showing it as it has appeared in more recent times are found in Evans's History of Scioto County, Ohio, pp. 1216, 1254. 58 The description of Mrs. Lucas and of the home as it appeared in the days of the Governor is taken largely from the testimony of certain old residents in and near Piketon who still remember Aunt Friendly and the palmy days of Friendly Grove as a Governor's country seat. There is preserved among the letters and papers of Robert Lucas, an itemized account of the Lucas fam ily with the village store at Piketon, from March 19, 1833, to January 31, 1837. The account makes up a total of $679. 34^ and contains a very interesting as sortment of items. NOTES AND REFERENCES 307 CHAPTER IX 59 Among the letters from Caleb Atwater are found several written to Lucas during his Governorship, in which he asks the Governor for a position in connection with some Indian transactions which Lucas at that time contemplated. He adds pathetically: "The world seems to have forgotten me, and deserted me." A brief sketch of Caleb Atwater is found in the Ohio Archaeological and Historical Quarterly, Vol. xiv, No. 3, July, 1905, pp. 247-290. 60 The story of this transaction is told by Senator Benton, of Missouri, in his Abridgments of the Debates of Congress, Vol. x, p. 197. 61 Among the letters and papers of Robert Lucas and also in the unpublished Executive Documents of Ohio, in the State House at Columbus, are found innumerable letters regarding the canal question both of this time and of the time during his Governorship. 62 In December of 1828 Lucas wrote to George B. Holt, of the Ohio Senate, and presented the claims of the citizens of Piketon and vicinity "for a general re view of the Canal line and a revaluation of their prop erty, for taxation, in Case of its removal". In this letter he vigorously protests against the action of the Canal Board in July, 1828, in locating the canal on the west side of the river. He claims that of the four members of the Board appointed to examine the two sides of the river, three were in favor of the east side and only one in favor of the west. He gives other reasons why the matter should be reconsidered and the claim of the east or Piketon side given further attention. 308 ROBERT LUCAS 63 With the commissions of Robert Lucas are found two certificates issued to him as a presidential elector for the State of Ohio. One was issued in 1820 when he voted for James Monroe, and the other in 1828 when he helped to elect Andrew Jackson. 64 Evans's History of Scioto County, Ohio, pp. 106, 343. 65 This story is told in the sketch of Robert Lucas, which appears in Keyes's Pioneers of Scioto County. CHAPTER X 66 The facts regarding this campaign were obtained partly from files of Ohio newspapers of the time, pre served in the State Library at Columbus, Ohio. But by far the larger proportion were gleaned from the cor respondence of Lucas with prominent Ohio politicians in the year of 1830. This correspondence is found among the letters and papers of Robert Lucas. «7 Ohio Monitor, Vol. xiv, No. 33, July 14, 1830. 68 The letters of J. N. Hamm and Isaac Humphreys to Lucas, in July of 1830, give interesting descriptions of the gathering of the followers of Henry Clay about their chief at the time of the Democratic convention. "I saw Mr. Clay at Columbus", wrote Humphreys, "surrounded by 40 or 50 Federalists mostly of the Bar, he appeared Elevated with hope, Swelled with Impor. tance, and closely occupied." 69 Parish's The Robert Lucas Journal, p. 57. 70 A short biographical sketch of Duncan McArthur appears in Evans's History of Scioto County, Ohio, pp. 165-167. NOTES AND REFERENCES 309 71 Concerning this faction the author has been able to find nothing further than a few references in letters written to Lucas during the course of the campaign. It seems to have been a local party which was strong in its support of Henry Clay and in opposition to the Jacksonian forces. 72 Columbus Sentinel, Vol. i, No. 46, January 17, 1832; also the Ohio State Journal (Sew Series), Vol. i, No. 11, January 11, 1832. These and other news papers of the time are to be found in the State Library at Columbus, Ohio. CHAPTER XI 73 A discussion of the origin of this first national nominating convention of the Democrats is found in Parton's Life of Andrew Jackson, Vol. in, Chapter xxix. The letter from Lewis to Kendall is therein quoted in full. 74 The story of Van Buren's short term of service at the Court of St. James and of his rejection by the Sen ate is told in many places — among others in Parton's Life of Andrew Jackson, Shepard's Martin Van Buren, and in Benton's Thirty Years View, Vol. i. 75 Benton's Thirty Years View, Vol. i, p. 219. 76 The accounts of the convention itself are found in the files of newspapers of the time in Baltimore. Among these papers are the Baltimore Republican, the Baltimore Gazette, and the American Commercial Daily Advertiser. Items of value regarding the convention are found in Niles'' Register and in the various Ohio papers of the year 1832. 310 ROBERT LUCAS 77 Columbus Sentinel, Vol. n, No. 12, May 31, 1832. 78 Parton in his Life of Andrew Jackson gives other figures than these. But the contemporaneous news papers of Baltimore which reported the convention concur in the figures as given above and deserve cre dence in preference to a secondary source. 79 Theodore S. Parvin, who in 1838-1839 was Private Secretary to Governor Lucas, makes the statement (in some manuscript notes in the possession of the Masonic Library at Cedar Rapids, Iowa) that Lucas always walked with a cane which was presented to him by the Baltimore convention for his impartial service as chair man of that body. 80 This letter from Martin Van Buren, together with a printed copy of the letter to him from the officers of the convention, is found among' the letters and papers of Robert Lucas. CHAPTER XII 81 The story of this campaign may be followed by reference to the Ohio newspapers, particularly the Ohio State Journal and Columbus Gazette and the Columbus Sentinel, which are found in the State House in Co lumbus. Much added light, however, is given to the campaign by the large number of campaign letters found among the letters and papers of Robert Lucas. 82 This explanation of the change of candidates is given in Niles'1 Register, Vol. xuin, October 20, 1832, p. 118. 83 Columbus Sentinel,Vol. ii, No. 28, October 4, 1832. 84 Mies' Register,Vol. xliii, October 27, 1832, p. 130. NOTES AND REFERENCES 31 1 85 A good discussion — though necessarily brief — of the early history of Ohio is found in King's Ohio First Fruits of the Northwest Ordinance in the American Commonwealth Series. 86 Salmon P. Chase in the introduction to his Stat utes of Ohio remarks upon this weakness of executive authority. When Lucas was elected Governor of Ohio, Chase, then a young and comparatively unknown law yer in Cincinnati, was busy with the compilation of these statutes. In March of 1833 he wrote to Lucas asking for information regarding the early legislation and history of Ohio. This letter was found among the' unpublished Executive Documents in the State House at Columbus, Ohio. Here, stored away in boxes and classified roughly by years, are hundreds of letters td Lucas from Salmon P. Chase, Joshua R. Giddings, and many other men of national reputation. 87 This letter and many others of like nature were found in the unpublished Executive Documents at Co lumbus, Ohio. 88 Allen G. Thurman became, at the age of twenty- one, the Private Secretary of Governor Lucas. Several of his letters to Lucas while the Governor was away from the Capital on business connected with the Ohio- Michigan boundary dispute, are preserved among the Executive Documents above referred to. In the last of these, dated May 31, 1835, he is about to take his de parture and expresses his thanks to Lucas for his kind nesses to him during his stay in Columbus. 89 In the possession of the Western Reserve Histor ical Society is a newspaper clipping containing a lengthy campaign sketch of Robert Lucas. It was 312 ROBERT LUCAS written in 1834, and deals very largely with his serv ices in the War of 1812. The writer of the sketch mentions his opposing candidate, James Findlay, and "damns him with faint praise" by characterizing him as a " highly honorable, gentlemanly, correct old man." The sketch is interesting, but contains many errors and is naturally very partisan in its estimates. CHAPTER XIII 90 The sources from which this boundary dispute may be studied are numerous. The most extensive official sources of information are the Executive Documents and the Senate Documents for the 23rd and 24th Congresses. The correspondence between the two Governors and the United States government, as well as legislative reports, maps, and in fact almost all of the important papers connected with the controversy, are to be found in these Documents. The laws passed by Ohio and Michigan and the United States which bear upon the dispute will, of course, be found in the United States Statutes at Large and in the statutes of Ohio and Michigan. Poore's Charters and Constitutions may be referred to for the constitutions, organic acts, and like instruments. In the State House at Columbus, Ohio, are preserved in the unpublished Executive Documents of the State of Ohio a very large proportion of the extensive correspondence of Governor Lucas in regard to the boundary. Much valuable light is also thrown upon the matter by the letters and papers of Robert Lucas. The Journals of the legislatures of Ohio and Michigan, as well as the Congressional Globe, contain much of value. The Jour nals of the extra session of the Ohio Legislative Assembly which Governor Lucas called in June, 1835, are indis- NOTES AND REFERENCES 313 pensible. Valuable side lights upon the question are given by the newspapers of the time and by the con temporaneous issues of Niles' Register. Among the secondary sources of information the most valuable is a monograph entitled The Southern and Western Boundaries of Michigan written by Annah M. Soule and published in the Publications of the Michi gan Political Science Association, as No. 2, of Vol. ii. This is compiled from original sources with extensive footnotes, and is a scholarly piece of work. It treats of the dispute from the Michigan point of view. Among the Ohio sources the most extensive is Way's The Toledo War. While this pamphlet was not prepared in as scientific a manner as the preceding one, it contains a great deal of valuable information, taken to a great ex tent from original sources. Much of the later literature upon the subject is based largely upon this work. Be sides these two pamphlets there are numerous less exten sive articles among which may be mentioned Galloway's Ohio-Michigan Boundary Line Dispute in the Ohio Archaeological and Historical Society Publications, Vol. iv, p. 199, and Robson's Michigan and Ohio Boundary Line in the Michigan Pioneer Collections, Vol. xi, p. 216. Lastly there are numerous discussions of the dis pute in the various histories of the States of Michigan and Ohio. » Way's The Toledo War, p. 8. 92 Soule's The Southern and Western Boundaries of Michigan, p. 5. 93 First Constitution of Ohio, Art. vn, sec. 6. 94 Resolutions requesting action by the President of the United States in the determination of their northern 314 ROBERT LUCAS boundary line were passed by the General Assembly of Ohio in 1807, 1809, and in 1811. — See report of com mittee, Journal of Senate (extra session), June 1835, p. 138. 95 See the report of Elijah Hay ward, Commissioner of the General Land Office, Senate Documents, lst Ses sion, 24th Congress, No. 6, pp. 107-112. 9J-; /candidate for State Senate, 154 ; defeat of, 155 ; relations with Thomas L. Hamer, 155; appointed Governor of Teritory of Iowa, 157; life of, in Ohio, 158; leaves Ohio, 159; stops in Cincinnati, 160; selects Territorial library, 161; descrip tion of, 163 ; chairman of steam boat meeting, 164; reaches Ter ritory of Iowa, 165; personal ap pearance of, 167; sanctions docu- 350 INDEX ments of Conway, 168; letter from Conway to, 172; attitude of, toward Conway, 174; corre spondence of, with Conway, 176 ; conference of, with Conway, 177; message of, 179; attitude of, to ward intemperance and gambling, 180, 215 ; financial policy of, 182, 187-199; gives opinion to Conway, 192 ; not present at con ference of legislators, 193 ; trans mission of letter of, to legislature, 196; alliance of Secretary 'and legislature against, 199; rela tions to Conway, 200, 202; cop ies records in Executive Journal, 201; contingent fund of, 202; letter to Conway concerning fur niture and executive duties, 203 ; crisis with Conway, 205 ; vetoes of, 206, 207, 208, 209, 213; policy of, concerning vetoes, 206, 211; Conway characterizes, 209; notes on bills, 211; memorial praying for removal of, 212, 214, 215, 218; makes a tour of the interior, 216; unofficial petition for removal of, 216; writes to Secretary of State, concerning petition for removal, 217; ans wers charges, in memorial, 218; not removed, 219 ; recognizes amendments as salutary, 219 ; appropriation bill presented to, 221; letter of, to Secretary For syth, 222; relations of James Clarke and, 226; part of, in boundary disputes, 228; cham pions claims of Territory of Iowa, 233 ; appoints Dr. Davis as com missioner, 236; letter from Van Buren County to, 239; issues proclamation, 239 ; former par ticipation in boundary dispute, 240; issues a second proclama tion, 241 ; calls attention of Mar shal to need of vigilance in boundary troubles, 243 ; warns inhabitants of Van Buren Coun ty, 244; receives word from bor der, 244; signs letter to Marshal, 245; talks with captured Sher iff, 246; writes to Secretary For syth, 247; use of militia by, in border troubles, 248 ; asked to suspend military operations, 25.2 ; vetoes resolutions, 252; sends Morgan to Washington, 254; re tirement of, at Iowa City, 256, 257; visits of, to Iowa City, 259; urges formation of State govern ment, 260; suggests boundaries for State, 260; office duties of, 261; negotiations of, with In dians, 262; removal of, expected, 262; removal of, 264, 265; let ter from Daniel Webster con cerning removal of, 264 ; makes home at Bloomington, 265 ; joins Masonic Lodge, 266; family joins, 266; returns to Ohio, 267; enters campaign in Ohio in 1843, 267; defeated for Congress in 1843, 268; chosen delegate of convention of 1844, 269 ; partici pation of, in convention of 1844, 270; boundaries proposed by, 270; final trip to Ohio, 271; de sires re-appointment as Govern or of Territory of Iowa, 271, 272; final return to Iowa, 273; retirement of, 273, 274, 277; leaves Democratic party, 275; refuses to vote for Pierce, 276; presides over Scott Club, 276; political philosophy of, 278-283; sentiments concerning slavery, 281, 282; letter to Hamer, 282; last days of, 284-292; interest of, in . temperance movement, 284, 285, 288; daguerreotype of, 286 ; suports cause of education, 286, 288; member of Board of Trustees of State University of Iowa, 286; interest of, in canals and railways, 287, 288; disap pointments of, 290; influence of, 290, 291; life at Plum Grove, 291; religious poems of, 291; death of, 292 Lucas, Robert, (grandson of the Governor), assistance of, viii, ix Lucas, Susanna, John Rush mar ries, 2 Lucas, William, birth and marriage of, 2; military service of, 3; land and slaves of, 4, 6; migra tion of, to Ohio, 6 Lucas, William (Jr.), migration of, to Ohio, 5 ; military record of, 5 Lucas family, history of, 1 ; migra tions of, 5, 6 Lucas County (Ohio), 144, 145 Lucas Boundaries, 270, 271 Lyman, Darius, colleague of Lucas in 1829, 93; anounced as Anti- Jacksonian candidate, 116 Lyon, Lucius, senator from Michi gan, 147 Lytle, Robert, letter from, 143 McArthur, Duncan, friendship of, and Lucas, 19; assists Lucas to secure commission, 28; chosen Colonel, 29; Lucas lodges with, 36; expedition of, 40; asks to INDEX 351 take detachment to bury dead at Brownstown, 47; expedition of, to meet Captain Brush, 52 ; troops of, surrendered, 53; lands near Cleveland, 58; reference to, 60, 61, 62, 74; colleague of Lu cas in 1829, 93 ; nominated as Governor of Ohio, 97; Lucas's opinion of, 97; early career of, 97; election of, as Governor of Ohio, 100; renomination of, 115; withdraws to run for Congress, 116 ; defeat of, for Congress, 118 ; William Allen marries a daughter of, 119 McClane, Alexander, assists in ar rest of Lucas, 24 McCrory, Samuel H., chosen dele gate to convention of 1844, 269 McCullough, Captain, death of, 45 McDonald, John, member of court of enquiry, 68 M'Gregor, Mr., letter directed to, 66, 67 Mackinaw, Indians on way from, 51 McLane, Louis, mentioned as Vice Presidential candidate, 106 McLean, John, suports Lucas for Governor of Ohio, 98 McLene, Jeremiah, resignation of, as Brigadier General, 19; mem ber of court of enquiry, 68 McMullen (or McMurrin), Robert Lucas instructed by, 4 McMurrin (or McMullen), Robert Lucas instructed by, 4 Madeira, Daniel, appointment of, on committee, 72 ; arraigned by Hammond, 73; defense of, by Lucas, 73 Madison, James, message of, 26 Maguawga, Indian town of, 44; en gagement at, 50 Maiden, British forces at, 35 ; In dians-going to, 36; attack upon, 39; reference to, 40, 42, 44, 48, 58 ; Prophet arrives at, 43 Manary, James, in meeting of mili tia officers at Camp Ohio, 64 Maria of Presque Isle, the, leaves for Ohio, 58 Marietta (Ohio), settlement of, 5 Mason, Charles, signs letter to Mar shal, 245 ; counsel for Iowa be fore Supreme Court, 256 ; inter ested in temperance movement, 285 Mason, Stevens T., Acting Govern or of Territory of Michigan, 136; arrives with troops at Toledo, 137; repudiates terms of commis sioners, 139; attitude of, 141; Jackson makes recommendations to, 144 ; removal of, 145 ; chosen Governor of State of Michigan, 146 Masonic Lodge, Lucas joins, 266; attendance of Lucas at meetings of, 273, 284 Maumee (Ohio), 133, 146 Maumee River, 127, 128, 129, 130, 133, 148 Medary, Samuel, letter from Lucas to, 271 Mediterranean Sea, Chesapeake bound for, 11 Meigs, Return Jonathan, calls for troops, 27; asks Lucas to stay with militia, 31; commended by militia officers, 64 Meigs County (Ohio), 84 Melcher, J. C, editor of ChUUcothe Evening Post, 99 Methodist Church, Lucas joins, 75; Lucas a member of, 291 Mexican War, 227 Miami and Dayton Canal, 80, 88, 148 Miami Bay, line drawn to north cape of, 129, 130 Miami Canal, 80, 88, 148 Miami County (Ohio), 133 Miami of the Lake, Lucas passes the, 34; 36, 37; reference to, 127, 129, 130, 133, 148 Miami . Indians, address of Gen eral Hull to, 33 ; council with, 34 Michigan, Lake, line drawn from southern extremity of, 127, 129, 130, 131, 135 Michigan, part of Northwest Terri tory, 7 Michigan, Territory of, dispute over boundary of, 126-149; organiza tion of, 129; act organizing, 130; Fulton Line claimed as boundary by, 132 ; disputed strip under jurisdiction of, 132; boundary dispute not one between State of Ohio and, 134, 139; act of Feb ruary 12, 1835, passed by, 136; arrests by authority of, 139; claims of, 141 ; reference to, 233, 235, 240 Michigan, State government of, 146, 147, 148, 149 Militia, ideas of Lucas concerning, 119, 123, 182 Miller, James, Ohio troops joined by, 30 ; given permission to cap ture bridge, 40 ; expedition of, to meet Captain Brush, 50; in en gagement at Maguawga, 50; Lu- 352 INDEX cas acts as recruiting officer un der, 60 Mississippi River, 96, 164, 165, 169, 175, 211, 229, 231, 232, 237, 238, 260, 289 Missouri (State), not represented in convention at Baltimore, 111; boundaries of, 174, 231, 232, 235, 238, 242, 256; admission into the Union, 231; commission er appointed by, 234; letter of Governor of, 236; old northwest corner of, 237; adopts Brown Line, 238; proclamation of Lu cas received in, 241; embodiment of armed force by, 247, 250; asks for submission of boundary question to Supreme Court, 255; settlement of boundary dispute of, 256 Missouri-Iowa Boundary, 227-257 Missouri River, 229, 230, 233, 234, 235, 237, 238, 256, 260 Mitchell, map published by, 127 Mitchell, David, candidate for Ohio Senate, 92, 93 Monroe, James, tries to negotiate treaty with England, 10; letter from Lucas to, 60 ; Lucas votes for, 77 Monroe County (Ohio), represented by Charles, Hammond, 72 Morgan, James M., sent to Wash ington, D. C, by Lucas, 254 Morris, Cavalry, among Anti- Jacksonians in 1834, 125 Morris, Thomas, accepts rumors concerning Lucas, 151; Lucas frustrates plan of, 155 Morrow, Jeremiah, election of Sen ator to succeed, 74 Muscatine (Iowa), 259, 265 Muskingum County (Ohio), 122 Muskingum River, Marietta found ed at mouth of, 5 Napoleon Bonaparte, treaty of, with President Jefferson, 8, 9; issues Berlin decree, 10 Napoleon (Johnson County, Iowa), commissioners meet at, 258 National Republicans, gather about Henry Clay, 96; candidate of, 96, 115; national convention of, 105 ; withdraw their candidate, 116 National Road, improvement of, fa vored by Lucas, 123 Negro Town, address to Indians at, 33 New Englanders, settle Marietta, 5 New Hampshire, national conven tion called by legislature of, 106 New Orleans, Battle of, 77, 82, 102, 150; Henry Clay at, 96 Newark (Ohio), work on Ohio Ca nal begun at, 80 "Nig", horse of Friendly Lucas, 79 Norfolk, Chesapeake leaves, 11 Northwest Ordinance, 121, 126, 127, 128, 129, 132, 148 Northwest Territory, first town in, 5; division of, 6; pioneers in, 97; Governorship of, 120; State of Ohio carved out of, 121; or dinance for government of, 126; States to be carved out of, 127 Norvell, John, Senator from Michi gan, 147 Nova Scotia, 35 Nullification, ideas of Lucas con cerning, 119, 279 Ohio, influence of Lucas upon formative period of, vii; legisla ture of, 4, 6, 18, 97; migration to, 5; militia of, 5, 9, 10, 12, 18, 19, 20, 30, 31, 58, 60, 61, 63, 64, 65, 97, 121, 123, 124, 136, 233; early life in, 7, 20, 21; In dian disturbances in, 27; volun teers of, refuse to cross Detroit River, 38; political rise of, 83; result of campaign of 1824 in, 84; considered a doubtful state, 85; canal legislation for, 86; campaign of 1828 in, 92; Henry Clay visits, 96; delegate to na tional convention from, 111; pre rogatives of Governor of, 120, 121, 183 ; convention to form State constitution of, 121, 128; inter nal improvements in, 123 ; dis pute over boundary of, 126-149; northern counties of, 127; State constitutional convention discuss es boundaries of, 128 ; proviso as to boundary in State consti tution of, 129, 130, 131, 133, 135; constitution of, adopted, 129; attitude of people of, to ward boundary proviso, 130; al legiance of people of disputed tract to, .134; grounds of, in boundary dispute, 134; boundary dispute one between United States and, 134, 139; activity of dele gation in Congress in boundary matter, 143, 148; lake ports needed by, 148; growth of, 158; legislative expenditures of, 190; Lucas returns to, 267, 271; An sel Briggs comes from, 274; Lu cas as Governor of, 279, 280, 287 Ohio Canal, construction of, 80; INDEX 353 bill authorizing, 81, 88; trouble over route of, 88, 89, 90, 91 Ohio-Michigan Boundary, The, 126 Ohio Monitor, Lucas sends commu nication to, 73 Ohio Eiver, 5, 16, 59, 160-167, 288, 290 Ohio State Bulletin, editorial of, 95; predictions of, in 1830, 100 "Old Hickory," Lucas a follower of, 82 "Old Mockasin" newspaper item signed, 91 Ordinance of 1787, 121, 126, 127, 128, 129, 132, 148 Oregon question, 280 Osage Indians, 229 Osborn, Ezra, in meeting of mili tia officers at Camp Ohio, 64 Ottawas, address of General Hull to, 33 Overton, Thomas, unable to attend national convention, 111 Parvin, Josiah, Gregory boards with, 246 Parvin, Theodore S., meets Lucas, 150; acts as Private Secretary to Lucas, 164; Secretary of steamboat meeting, 164; trip of, to Cincinnati, 176, 178; inter view of, with Conway, 177; de scribes close of legislative ses sion, 215 Pay roll of Ohio soldiers, 65 Penn, William, colony of, 1 Pennsylvania, Bucks County, 1; John Rush crosses to, 2 Peoria (Illinois), 266 Perry County (Ohio), 83 Perrysburg (Ohio), 133, 136, 138 Philadelphia, 84, 143 Pickaway County (Ohio), 83 Pierce, Franklin, nomination of, 275; Lucas unable to vote for, 276, 277 Pike County (Ohio), Lucas moves to, 71; reference to, 77, 81, 86, 92, 271 Piketon (Ohio), description of, 71; Lucas opens store at, 71; Ohio canal and, 81, 88, 89, 90, 91; Edward Lucas leaves, 266 Pinckney, William, joins Monroe at London, 10 Pioneer, story of the, 1, 289; life of, in Ohio, 7 Piqua (Ohio), canal finished to, 133 "Plain Truth," communication of Lucas signed by, 73 Plum Grove, the last home of Rob ert Lucas, 277, 291, 292 Polk, James, appointments of, in Iowa, 271 Port Vincennes, troops from, 30 Portraits, Robert Lucas, from an oil painting, frontispiece; Rob ert Lucas from a water-color painting, opposite 25 ; Robert Lu cas from a crayon, opposite 82 Portsmouth (Ohio), tavern in, 16; life of Lucas at, 24; Lucas re cruits troops at, 29 ; arrival of Lucas at, 59, 60 ; reference to, 65, 76, 81, 88; letter postmarked at, 66; canal to, 80; stage from Chillicothe to, 153 Potomac River, Edward Lucas set tles near, 2 ; steamboat upon, 3 Pottawattomies, address of General Hull to, 33 ; war party of, 36 ; reference to, 229 Proctor, Henry, attack upon Fort Stephenson by, 62, 63 Puthuff, Major W. H., letter direct ed to, 66, 67 Quakers, Lucas family, 1; John Rush joins, 2 ; instincts of, 3 Quebec, sending of troops to, 56, 58 Queen Charlotte, the, arrives at Mai den, 35 Quincy (Illinois), 165 Railways in Iowa, 287, 288 Raisin River, Lucas passes, 34: ex pedition to, 44; Captain Brush at, 50, 52 ; massacre of wing of Harrison's army at, 62 Rangers, Lucas ordered to take command of, 61 "Rapids of the river Des Moines", 232, 234, 237 Reed, William, trip of, to Iowa, 266 Republican party, rise of, 275 Revolution, service of William Lu cas in, 3 Robb, David, Lucas thanks, 66 Robb, Joshua, letter of Lucas to, 68 Eobinson, Captain, company of, 42 Rock Island (Illinois), 178 Rockingham (Iowa), 175, 176 Rorer, David, shoots Cyrus Jacobs, 181 Rose, George Henry, sent to Amer ica, 14 ; returns to England, 15 Roundheads, days of, 25 Round Heads Town, Lucas passes, 36 Rumsey, engineer, 4 Rupe, David, chosen Captain of rifle company, 29 ; trip of, to Greenville, 30; mutiny in com pany of, 38 354 INDEX Rush, John, comes to America, 2 Rush, Richard, sent as .commission er to confer with Governors Lu cas and Mason, 138, 144 Sac Indians, 229, 231 St. Clair, Arthur, Governorship in Northwest Territory, 120; use of veto power, 121 St. Clair, Lake, Indians at, 51 St. Louis, Lucas ordered to, 61 ; General Atkinson stationed at, 156 ; Lucas arrives at, 165 "Rural Swain", communication signed, 90 St. Paul Street, Baltimore, 111 Sandusky, Lower, journey of Lucas through, 33., 34 Sandusky, Upper, address to In dians at, 33 ; army of Harrison at, 63 Sandusky campaign, 262 Sandusky River, 62 Sandwich, importance of, in Hull campaign, 37 ; army encamps at, 40; reference to, 42, 43, 44, 47; evacuation of, 49 Science, steamboat, 177 Scioto County (Ohio), 6, 8, 18, 70, 72, 77, 84, 86, 92 Scioto River, 5, 6, 16, 71, 81, 88, 153 Scott, Denton, in skirmishing at bridge, 41 Scott, Sir Walter, at London, 108 Scott, Winfield, Lucas determines to vote for, 276 Scrub Race for the Presidency, re sult of, 84 Seat of Government of Territory of Iowa, 258 Sergeant, John, nominee for Vice Presidency, 105 Shaler, Charles, declines offer of Acting Governorship of Michigan Territory, 145 Shambaugh, Benj. F., discovery of Executive Journal of Iowa, 1838- 1841 by, viii; acknowledgments to, ix Shannon, Wilson, introduces Ansel Briggs to Lucas, 274 Shawnees, address of General Hull to, 33 Shenandoah River, 2, 165 Shenandoah Valley, 3, 5, 289 Shepherdstown (Virginia), mar riage of William Lucas at, 2; Robert Lucas born at, 3 ; steam boat at, 4 Sketch Book, scenes of, 108 Sinsinnawa Mound, 175 Sioux Indians, 229 Slavery, opinion of Lucas concern ing, 281 Slaves of William Lucas, 4, 6 Snelling, Captain, asks for artil lery, 52 Solomons Town, Lucas passes, 36 South Carolina, nullification in, 119, 279 Spain, involved in purchase of Louisiana, 9 ; Irving returns from, 108 Spoils System, working of, 265 Spring Well, army encamps at, 37; British landing at, 52 State Bank, favored by Lucas, 123 .State Journal and Columbus Ga zette, quotation from, 115, 151; letter from McArthur in, 116 State Rights, 279 State Rights Association, resolu tions of, 150 State University of Iowa, Lucas a Trustee of, 286 Stillwater Creek, settlers on, 30 Stockton, William, in engagement at Brownstown, 46, 47 Sullivan, John C., boundary line surveyed by, 230 Sullivan Boundary Line, 230, 231, 235, 237, 238, 239, 242, 245, 256 Summers, Lewis, Lucas succeeds, as State Senator, 69 Summers, Samuel W., certificate of, 191 Sumner, Edward 0., Mrs. Lucas a daughter of, 71 Sumner, Friendly A., Horatio Sum ner a brother of, 24; marriage of, to Lucas, 71 Sumner, Horatio N., marriage of, 24 Supreme Court of the United States, boundary question submitted to, 255 Surrender of Detroit, 53, 59, 74 Swayne, N. H., goes to Washing ton, 144 Talleyrand, Prince, at Court of St. James, 108, 110 Tecumseh, confederation under, 26 ; protestations of peace by, 27 Temperance, attitude of Lucas to ward, 180, 284 Temperance Society, Iowa Territori al, Lucas president of, 285 Tempest, steamboat, 161, 166 Tennessee, migration to, 5 ; politi cal rise of, 82; nomination of Jackson by legislature of, 83 ; reference to, 111 Teneick, Mathew, house of, 259 INDEX 355 Thompson, Judge, Glover examined before, 66 Thompson, William, Lucas asked to • pardon, 122 Thornton, John H., assists in ar rest of Lucas, 24 Thurman, Allen G., private secre tary of Governor Lucas, 124; secretary of convention which nominates Lucas for Congress, 267 Tiffin, Edward, military appoint ments by, 9 ; commissions Lucas Justice of the Peace, 16; directs survey of Ohio boundary to be run, 131 Toledo, proposed terminus of canal, 133 ; troops enter, 137, 145 ; court to meet in, 145 Toledo War, The, 126, 138 Treasury Department of the United States, accounts of Conway with, 191, 213, 221, 224; exploitation of, 280 Trimble, William A., chosen Major, 29; United States Senator, 74; death of, 77 Turkey Creek, force crosses, 41 ; British cross, 44 Turner, John R„ issues writ for arrest of Lucas, 22 ; letter to Lu cas from, 89 Tyler, John, appointments of, in Iowa, 271 Tymochte, Lucas ferried across the, 34 Ullery, Captain, company of, 42 Union Township, (Scioto County, Ohio), 16 United States, trouble with Eng land and France, 10; plan of campaign on the part of, in the War of 1812, 35; line between Canada and, 127; boundary dis pute between State of Ohio and, 134; territorial growth of, 227; boundary dispute between Mis souri and, 242, 252 United States Bank, 98, 279 Universalist Church, Baltimore, na tional convention meets in, 111 Vance, Joseph, Whig nominee for Governor, 150; inauguration of, 153 Van Buren, Martin, aspirations of, 106, 107; resignation as Secre tary of State, 107; Minister to England, 107-110; rejection of, by Senate, 108; effect of rejec tion of, 109, 110 ; nomination of, as Vice President, 113 ; accept ance of nomination by, 114; Lu cas's support of, 152 ; letter of Lucas to, 156, 157; appoints Lucas Governor of Iowa, 157; Conway supports, 170; corre spondence of Conway with, 209, 219, 224; petition addressed to, 216; defeats Harrison for Presi dent, 262 Van Buren County (Iowa), collec tion of taxes in, 239, 244, 245; reference to, 246, 249 Van Horne, Major, expedition of, to River Raisin, 44-47 Van Meter, John I., defeats Lucas for State Senate, 155; defeats Lucas for Congress, 268 Varnum, Jacob, despatches deliver ed to, 34 Veto power of Governor, 193, 194, 200-215, 219, 270, 280 Viele, Philip, aspires to Governor ship, 263 Vinton, Samuel, Lucas a candidate against, 95 ; supports claims of Ohio, 147 Virginia, Edward Lucas migrates to, 2; Thomas Jefferson Govern or of, 3 ; early training of Lucas in, 8 Wallace, Rev. Mr., prayer by, at national convention, 114 War of 1812, 25-65; events lead ing to, 25 ; conditions following the, 74; reference to, 97, 274, 292 ; prevents running of bound ary line, 131; Sandusky cam paign in, 262 War, Department of, neglect of duty by, 37 Warsaw, 165 Washington, George, example of, 13 Washington, D. C., Cass goes to, 59; Lucas receives orders from, 61; affairs at, 85 Waterloo (Missouri), meeting at, 241; troops gathering in, 244, 250; delegation to, 252 Webster, Daniel, speech of, against Van Buren, 108, 110 ; correspond ence with Lucas concerning re moval, 264 Welch, Captain Nathaniel, company of, 3 Wellington, Duke of, resistance of, to Reform Bill, 108 Western Reserve, politics in, 100 Western Times, letter of Lucas in, 23 ; attack upon Lucas in, 90 Weston, Charles, gives official opin ion on boundary dispute, 247 Wheelersburg, 152 Whicher, Stephen, 'report of, con cerning border troubles, 250 Whigs, 268, 269, 274, 277 356 INDEX Whittlesey, Elisha, accompanies commissioners, 138 Williams, Jesse, joins Lucas, 160; reference to, 161, 163 ; employed by Lucas as Messenger, 164; re cords Executive Journal, 201; assists in Department of Indian Affairs, 261 Williams, Joseph, signs letter to Marshal, 245 ; desirous of Gov ernorship of Iowa, 271, 272; in terest of, in temperance move ment, 285 Williams County (Ohio), 134 Wilson, James, mentioned as suc cessor of Lucas, 263 Wilson, Mr., sermon of, 76 Wilson, Thomas, entertains Lucas, 175 Wirt, William, nominee for Presi dency, 105 Wisconsin, Territory of, 169, 233, 234, 235, 240 Wood, Reuben, letter to Lucas from, 100 Wood County (Ohio), 134 Woodbury, Levi, letters of Conway to, 224 Worthington, Thomas, candidate for United States Senate, 77 Wyandots, address of General Hull to, 33; council with, 34 Zion Church, legislature convenes in, 178