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was in undisputed possession of the Indians, except a strip on the Mississippi known as the Black Hawk Purchase. Johnson County was, from north to south, in the geographical center of this purchase, and as near the east and west geographical center of the future State of Iowa as could then be made, as the boundary line between the lands of the United States and the Indians, established by the treaty of October 21, 1837, was immediately west of tho county limits.

The Commissioners, after selecting the site, were directed to lay out 640 acres into a town, to be called Iowa City, and to proceed to sell lots and erect public buildings thereon, Congress having granted a section of land to be selected by the Territory for this purpose. The Commissioners met at Napoleon, Johnson County, May 1, 1839, selected for a site Section 10, in Township 79 North of Range 6, West of the Fifth Principal Meridian, and immediately surveyed it and laid off the town. The first sale of lots took place August 16, 1339. The site selected for the public buildings was a little west of the geographical center of the section, where a square of ten acres on the elevated grounds overlooking the river was reserved for the purpose. The capitol was located in the center of this square. The second Territorial Legislature, which assembled in November, 1839, passed an act requiriing the Commissioners to adopt such plan for the building that the aggregate cost when complete, should not exceed $51,000; and if they had already adopted a plan involving a greater expenditure, they were directed to abandon it. Plans for the building were designed and drawn by Mr. John F. Rague, of Springfield, Ill., and on the 4th day of July, 1840, the corner stone of the edifice was laid with appropriate ceremonies. Samuel C. Trowbridge was Marshal of the day, and Gov. Lucas delivered the address on that occasion.

When the Legislature assembled at Burlington in special session, July 13, 1840, Gov. Lucas announced that on the 4th of that month he had visited lowa City, and found the basement of the capitol nearly completed. A bill authorizing a loan of $20,000 for the building was passed, January 15, 1841, the unsold lots of Iowa City being the security offered, but only $5,500 was obtained under the act.

THE BOUNDARY QUESTION.

The boundary line between the Territory of Iowa and the State of Missouri was a difficult question to settle in 1838, in consequence of claims arising from taxes and titles, and at one time civil war was imminent. In defining the boundaries of the counties bordering on Missouri, the Iowa authorities had fixed a line that has since been established as the boundary between Iowa and Missouri. The Constitution of Missouri defines her northern boundary to be the parallel of the latitude which passes through

the rapids of the Des Moines River. The lower rapids of the Mississippi immediately above the mouth of the Des Moines River had always been known as the Des Moines Rapids, or "the rapids of the Des Moines River." The Missourians (evidently not well versed in history or geography) insisted on running the northern boundary line from the rapids in the Des Moines River, just below Keosauqua, thus taking from Iowa a strip of territory eight or ten miles wide. Assuming this as her northern boundary line, Missouri attempted to exercise jurisdiction over the disputed territory by assessing taxes, and sending her Sheriffs to collect them by distraining the personal property of the settlers. The Iowans, however. were not disposed to submit, and the Missouri officials were arrested by the Sheriffs of Davis and Van Buren Counties and confined in jail. Gov. Boggs, of Missouri, called out his militia to enforce the claim and sustain the officers of Missouri. Gov. Lucas called out the militia of Iowa, and both parties made active preparations for war. In Iowa, about 1,200 men were enlisted, and 500 were actually armed and encamped in Van Buren County, ready to defend the integrity of the Territory. Subsequently, Gen. A. C. Dodge, of Burlington, Gen. Churchman, of Dubuque, and Dr. Clark, of Fort Madison, were sent to Missouri as envoys plenipotentiary, to effect, if possible, a peacable adjustment of the difficulty. Upon their arrival, they found that the County Commissioners of Clarke County, Missouri, had rescinded their order for the collection of the taxes, and that Gov. Boggs had dispatched messengers to the Governor of Iowa proposing to submit an agreed case to the Supreme Court of the United States for the final settlement of the boundary question. This proposition was declined, but afterward Congress authorized a suit to settle the controversy, which was instituted, and which resulted in a judgment for Iowa. Under this decision, William G. Miner, of Missouri, and Henry B. Hendershott were appointed Commissioners to survey and establish the boundary. Mr. Nourse remarks that "the expenses of the war on the part of Iowa were never paid, either by the United States or the Territorial Government. The patriots who furnished supplies to the troops had to bear the cost and charges of the struggle."

The first legislative assembly laid the broad foundation of civil equality, on which has been constructed one of the most liberal governments in in the Union. Its first act was to recognize the equality of woman with man before the law, by providing that "no action commenced by a single woman, who intermarries during the pendency thereof, shall abate on account of such marriage. This principle has been adopted by all subsequent legislation in Iowa, and to-day woman has full and equal civil rights with man, except only the right of the ballot.

Religious toleration was also secured to all, personal liberty strictly guarded, the rights and privileges of citizenship extended

to all white persons, and the purity of elections secured by heavy penalties against bribery and corruption. The judiciary power was vested in a Supreme Court, District Court Probate Court, and Justices of the Peace. Real estate was made divisible by will, and intestate property divided equitably among heirs. Murder was made punishable by death, and proportionate penalties fixed for lesser crimes. A system of free schools, open for every class of white citizens, was established. Provision was made for a system of roads and highways. Thus, under the territorial organization, the country began to emerge from a savage wilderness, and take on the forms of civil government.

By act of Congress of June 12, 1838, the lands which had been purchased of the Indians were brought into. market, and land offices opened in Dubuque and Burlington. Congress provided for military roads and bridges, which greatly aided the settlers, who were now coming in by thousands, to make their homes on the fertile prairies of Iowa-"The Beautiful Land." The fame of the country had spread far and wide; even before the Indian title was extinguished, many were crowding the borders, impatient to cross over and stake out their claims on the choicest spots they could find in the new Territory. As soon as the country was open for settlement, the borders, the Black Hawk Purchase, all along the Mississippi, and up the principal rivers and streams, and out over the broad rolling prairies, began to be thronged with eager land hunters and immigrants, seeking homes in Iowa. It was a sight to delight the eyes of all comers from every land-its noble streams, beautiful and picturesque hills and valleys, broad and fertile prairies extending as far as the eye could reach, with a soil surpassing in richness anything which they had ever seen. It is not to be wondered at that immigration into Iowa was rapid, and that within less than a decade from the organization of the Territory it contained a hundred and fifty thousand people.

As rapidly as the Indian titles were extinguished and the original owners removed, the resistless tide of emigration flowed westward. The following extract from Judge Nourse's Centennial Address shows how the emigrants gathered on the Indian boundary, ready for the removal of the barrier:

In obedience to our progressive and aggressive spirit, the Government of the United States made another treaty with the Sac and Fox Indians, on the 11th day of August, 1842, for the remaining portion of their land in Iowa. The treaty provided that the Indians should retain possession of all the lands thus ceded until May 1, 1843, and should occupy that portion of the ceded territory west of a line running north and south through Redrock, until October 11, 1845. These tribes, at this time, had their principal village at Ot-tum-wa-no; now called Ottumwa. As soon as it became known that the treaty had been concluded, there was a rush of immigration to Iowa, and a great number of temporary settlements were made near the Indian boundary, waiting for the 1st day of May. As the day approached, hundreds of families encamped along the line, and their tents and wagons gave the scene the appearance of a military expe

dition. The country beyond had been thoroughly explored, but the United States military authorities had prevented any settlement, or even the making out of claims by any monuments whatever.

To aid them in making out their claims when the honr should arrive, the settlers had placed piles of dry wood on the rising ground, at convenient distances, and a short time before twelve o'clock on the night of the 30th of April, these were lighted, and when the midnight hour arrived it was anounced by the discharge of firearms. The night was dark, but this army of occupation pressed forward, torch in hand, with axe and hatchet, blazing lines with all manner of curves and angles. When daylight came and revealed the confusion of these wonderful surveys, numerous disputes arose, settled generally by compromise, but sometimes by violence. Between midnight of the 30th of April and sundown of the 1st of May, over one thousand families had settled on their new purchase.

While this scene was transpiring, the retreating Indians were enacting one more impressive and melancholy. The winter of 1842-43 was one of unusual severity, and the Indian prophet, who had disapproved of the treaty, attributed the severity of the winter to the anger of the Great Spirit, because they had sold their country. Many religious rites were performed to atone for the crime. When the time for leaving Ot-tum-wa-no arrived, a solemn silence pervaded the Indian camp, and the faces of their stoutest men were bathed in tears; and when their cavalcade was put in motion, toward the setting sun, there was a spontaneous outburst of frantic grief from the entire procession.

The Indians remained the appointed time beyond the line running north and south through Redrock. The Government established a trading post and military encampment at the Raccoon Fork of the Des Moines River, then and for many years known as Fort Des Moines. Here the red men lingered until the 11th of October, 1845, when the same scene that we have before described was re-enacted, and the wave of immigration swept over the remainder of the "New Purchase.' The lands thus occupied and claimed by the settlers still belonged in fee to the General Government. The surveys were not completed until some time after the Indian title was extinguished. After their survey, the lands were publicly proclaimed or advertised for sale at public auction. Under the laws of the United States, a pre-emption or exclusive right to purchase public lands could not be acquired until after the lands had thus been publicly offered and not sold for want of bidders. Then, and not until then, an occupant making improvements in good faith might acquire a right over others to enter the land at the minimum price of $1.25 per acre. The "claim laws" were unknown to the United States statutes. They originated in the "eternal fitness of things," and were enforced, probably, as belonging to that class of natural rights not enumerated in the constitution, and not impaired or disparaged by its enumeration.

The settlers organized in every settlement prior to the public land sales, appointed officers, and adopted their own rules and regulations. Each man's claim was duly ascertained and recorded by the Secretary. It was the duty of all to attend the sales. The Secretary bid off the lands of each settler at $1.25 per acre. The others were there to see, first, that he did his duty and bid in the fand, and, secondly, to see that no one else bid. This, of courss, sometimes led to trouble, but it saved the excitement of competition, and gave a formality and degree of order and regularity to the proceedings they would not otherwise have attained. As far as practicable, the Territorial Legislature recognized the validity of these "claims" upon the public lands, and in 1839 passed an act legalizing their sale and making their transfer a valid consideration to support a promise to pay for the same. (Acts of 1843, p. 456.) The Supreme Territorial Court held this law to be valid. (See Hill v. Smith, 1st Morris Rep, 70.) The opinion not only contains a decision of the question involved, but also contains much valuable erudition upon that "spirit of Anglo-Saxon liberty" which the Iowa settlers unquestionably inherited in a direct line of descent from the said "Anglo-Saxons. But the early settler was not always able to pay even this dollar and twenty-five cents per acre for his land.

Many of the settlers had nothing to begin with, save their hands, health and courage and their family jewels, "the pledges of love," and the "consumers of bread." It was not so easy to accummulate money in the early days of the State, and the "beautiful prairies," the "noble streams," and all that sort of poetic imagery, did not prevent the early settlers from becoming discouraged.

An old settler, in speaking of the privations and trials of those early days, says:

Well do the "old settlers" of Iowa remember the days from the first settlement to 1840. Those were days of sadness and distress. The endearments of home in another land had been broken up; and all that was hallowed on earth, the home of childhood, and the scenes of youth, were severed; and we sat by the gentle waters of our noble river, and, often "hung our harps on the willows.

Another, from another part of the State, testifies:

There was no such thing as getting money for any kind of labor. I laid brick at $3.00 per thousand, and took my pay in anything I could eat or wear. I built the first Methodist Church at Keokuk, 42x60 feet, of brick, for $600, and took my pay in a subscription paper, part of which I never collected, and upon which I only received $50 00 in money. Wheat was hauled 100 miles from the interior, and sold for 37% cents per bushel.

Another old settler, in speaking of a later period, 1843, says: Land and everything had gone down in value to almost nominal prices. Corn and oats could be bought for six or ten cents a bushel; pork, $1.00 per hundred. and the best horse a man could raise sold for $50.00. Nearly all were in debt, and the Sheriff and Constable, with legal processes, were common visitors at almost every man's door. These were indeed "the times that tried men's souls.

"A few," says Mr. Nourse, "who were not equal to the trial, returned to their old homes, but such as had courage and faith to be the worthy founders of a great State remained, to more than realize the fruition of their hopes, and the reward of their selfdenial."

Or Monday, December 6, 1841, the fourth Legislative Assembly met, at the new capital, Iowa City, but the capitol building could not be used, and the Legislature occupied a temporary frame house, that had been erected for that purpose, during the session of 1841-2. At this session, the Superintendent of Public Buildings (who, with the Territorial Agent, had superseded the Commissioners first appointed), estimated the expense of completing the building at $33,330, and that rooms for the use of the Legislature could be completed for $15,600.

During 1842, the Superintendent commenced obtaining stone from a new quarry, about ten miles northeast of the city. This is now known as the "Old Captain Quarry," and contains, it is thought, an immense quantity of exellent building stone. Here all the stone for completing the building was obtained, and it was so far completed that on the 5th day of December, 1842, the Legislature assembled in the new capitol. At this session, the Superintendent estimated that it would cost $39,143 to finish the build

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