The government of Iowa and the United States

Preface

In the preparation of this book the author makes no extensive claim to originality. The history and government of Iowa have been thoroughly investigated and quite thoroughly written up during the past ten years. Precision of statement and logic in arrangement, rather than the display of new material, has been the aim. The greatest problem in writing a text-book on local government is the attractive presentation of the fundamental facts without including too much that is mutable. With each session of the General Assembly there is a change in many of the small details of state government. Some of these changes, although small, are important, others have little effect and are of little value to the student of Iowa civics. It has been the author's aim to emphasize those features of local and state government which are most permanent and essential.

To the well-trained, energetic teacher no text-book is sufficient in itself. Such teacher will look about for additional material out of which to create a greater interest. Biography has not been entirely omitted in the preparation of this text, but in the estimate of the author, biography plays such an important part in the teaching of either history or government that the conscientious teacher will insist upon much outside work in that line from the student. Government is decidedly a study of men in action. Therefore the teacher of government realizes the value of the study of biography as a means of enriching the subject and of creating a lively interest in class work.

Too much emphasis can scarcely be laid upon the use of material illustrations. Local officers of the town and township ought to be pointed out. The official work each has to do

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PREFACE ought to be mentioned. The police force, the fire department, the mail carrier, the truant officer, are all acquaintances of the children in school. Their part in the government of the state and nation may be made topics of great interest. The county court house, containing the county offices, is not far away; primary elections and local conventions are held in every precinct; district court is held at the county seat; a state institution may be near enough for the teacher and the class to visit; or they may visit the state capitol at Des Moines. These outside matters, so difficult to include in a text, may be so correlated with the daily class exercises as to result in great benefit to the student.

The cordial reception granted the text, "History and Government of Iowa," during the first year of publication has encouraged the author to add a civil government of the United States. In presenting the combined text in state and national government, the author can only wish for the new edition the same generous acceptance that has been given the text on state government. The aim in the complete work is to present a text for rural and grade schools and for general use wherever elementary civics is taught in Iowa.

The author wishes to acknowledge the courtesy extended by the Superintendent of the State Historical Department of Iowa in permitting the use of some of the maps appearing

in the second edition.

Charles H. Meyerholz

Cedar Falls, Iowa, January, 1914.

Contents

Government of Iowa

CHAPTER PAGE

I. Origin and Ownership of Iowa 9

CHAPTER I. Origin and Ownership of Iowa *

The Mound Builders were the earliest inhabitants of Iowa of whom we have historical evidence. Crude implements, human skulls and other human remains give evidence of a people who inhabited this section of the great Mississippi Valley even before the Mound Builders came. We know nothing of importance concerning these earlier peoples, but believe they were much lower in civilization than the Mound Builders and perhaps were savages. The Mound Builders left material remains from which we have learned much concerning their civilization and mode of living. They are called Mound Builders because in many parts of the Mississippi and Ohio Valleys they erected great mounds of earth to mark the burial places of their dead. These mounds, many of which are located on the bluffs along the Mississippi

*The meaning of the word "Iowa" is disputed by different authorities. It is an Indian word and is spelled differently in the language of the early Indians who first used it. Some think it means "The Beautiful Land," others say it means "This is the Place." Two other explanations are not so satisfactory — "Across the River," and "The Drowsy Ones." The latter is doubtless not pleasing to the present inhabitants.

IO HISTORY AND GOVERNMENT OF IOWA

River, are found to contain human skeletons, axes and other implements made of stone, copper vessels, stone knives and often stone carvings representing birds and animals. The greatest number of these mounds in Iowa are found along the Mississippi River from Dubuque south as far as Des Moines County, but similar mounds of earth are found in the Des Moines Valley and as far west as the Little Sioux River. A short distance north of Des Moines, on a high bluff, are many acres covered with such mounds. All these remains prove the Mound Builders to have been a people much superior in civilization and life to the Indians who seem to have come later. It is not known how long these early people were able to resist the invaders who drove them out. The people who were the ancestors of the Indians doubtless were their successors.

The American Indians were the next inhabitants of Iowa if the evidence we now have is correct. The Indians who formerly occupied the soil of Iowa were not so savage and warlike as many tribes found in other parts of the United States. If they were cruel and treacherous as enemies they were also brave warriors and loyal friends to many white people with whom they soon began to trade. The Indians claimed the soil by right of conquest and occupation and next to the Mound Builders are recognized as the second owners of the soil of Iowa. The countries of Europe held the theory that lands discovered or found in the possession of uncivilized peoples were subject to seizure and settlement by any Christian nation. These European nations recognized the rights of the Indians as occupants of the soil, but asserted that discovery and settlement by Christian nations gave the right to extinguish the Indian title of occupancy.

Claimed by Spain. On the morning of October 12, 1492, Christopher Columbus, an Italian from the city of

ORIGIN AND OWNERSHIP OF IOWA II

Genoa, in the employ of the King and Queen of Spain, first saw the land of the western continent. He made discoveries among the islands of the West Indies and claimed the country for the Government of Spain. Columbus made three other voyages to America and discovered the coasts of Central and South America. A little later other Spanish explorers visited the coast of Florida and the Gulf region. During the Mediaeval period the authority of the Church was held superior to that of the State and the Pope at Rome claimed to be in the exercise of that authority. On the fourth of May, 1493, Pope Alexander VI. issued a bull, or proclamation, dividing the unchristian world into two parts, giving the western part to Spain and the eastern part to Portugal. As a division line he chose the meridian one hundred leagues west of the Azores. Later (1494) the line was fixed at three hundred and seventy-five leagues west of the Cape Verd Islands. At that time Spain and Portugal were the leading nations of the world in making discoveries and explorations. Spain's claim to America made by Columbus was strengthened by this act of the Church asserting its authority. Thus Spain was the first among Christian nations to claim the soil of Iowa.

Claimed by England. In the year 1497, John Cabot sailed from Bristol, England, and in the names of the King and Queen discovered and explored the coast of North America from Labrador towards the south. Later his son Sebastian made another expedition to our eastern shores. On these discoveries and explorations England based a claim to the American continent south of the St. Lawrence River and north of the Spanish claims, and extending from the Atlantic to the Pacific Oceans. From this time England also claimed the soil of Iowa.

Claimed by France. In the early years of the sixteenth century, France made extensive settlements in the St. Lawrence Valley and later pushed farther west and established trading posts along the Mississippi and Ohio Rivers. In the spring of 1673$ James Marquette, a French Jesuit missionary, and Louis Joliet, a French- Canadian fur trader, crossed the lakes and followed the Wisconsin River down to the Mississippi. They then floated down the Mississippi in boats and were probably the first white men to see Iowa. They made a landing on Iowa soil, on June 25, 1673, at the mouth of the Des Moines River. In 1682, La Salle descended the Illinois River, then passed down the Mississippi to the Gulf. On the basis of these two expeditions, France claimed the territory drained by the Ohio and Mississippi Rivers and called it Louisiana after King Louis XIV. Now France became another claimant to the soil of Iowa.

France Cedes Claim. A dispute soon arose between England and France over the ownership of the territory in the valleys of the St. Lawrence and Ohio Rivers. The trouble increased when the English and the French inhabitants began to make settlements in the Ohio Valley. War broke out in 1755, and by the treaty of Paris, which closed the conflict in 1763, France ceded to England Canada, except three small islands near Newfoundland, and her possessions east of the Mississippi River, except New Orleans. France then ceded her possessions west of the Mississippi and New Orleans to Spain. This gave Spain undisputed ownership of the soil of Iowa.

Purchased by the United States. With the close of the French Revolution, about 1799, Napoleon Bonaparte became the leading ruler in Europe. He rapidly made new treaties of alliance with the leading nations on the continent. By the secret treaty of San il de Fonso, of October 1, 1800, Spain ceded the territory west of the

ORIGIN AND OWNERSHIP OF IOWA 1 3

river to France. So we find France again the owner of the territory a part of which later became Iowa. But France found a great rival in England and was anxious to destroy its power and reduce its territory. Napoleon feared England would seize Louisiana and annex it to the territory she already owned. About the same time the United States had great difficulty over the navigation of the lower Mississippi. While Spain yet owned the Louisiana Territory and the land on both sides of the mouth of the Mississippi the Spanish authorities often charged exorbitant duties on goods shipped up the river destined for towns in the United States. These troubles continued after France received the territory from Spain in 1800. Congress decided to make a new treaty with France and if possible to purchase the territory on either side of the mouth of the river. President Jefferson instructed Robert Livingston, who was then minister to France, to make a treaty, and later sent James Monroe to assist in the negotiations. A treaty was negotiated and signed on April 30, 1803, by which France sold the Louisiana Territory to the United States. By this treaty of purchase the soil of Iowa for the first time came into the possession of the United States.

Territorial Organization. On October 31, 1803, Congress passed an act placing the Louisiana Territory under the direct control of the President, who was to exercise all military, civil and judicial power through such officers as he would appoint. On March 26, 1804, Congress passed an act dividing the Louisiana Territory on the thirty-third parallel and called the south part the Territory of Orleans and the north part the District of Louisiana. To the Territory of Orleans Congress gave an organized government, consisting of governor, secretary, legislature and judiciary, all of whom were to be appointed by the

President. The north part, called the District of Louisiana, was placed under the control of the governor and judges of the Territory of Indiana, who were to establish courts in the district and prescribe their jurisdiction. Iowa was then a part of this District of Louisiana. On March 3, 1805, Congress changed the name, District of Louisiana, to Territory of Louisiana and gave it a territorial government of its own to be administered by a governor, secretary and judges. Iowa was thus a part of the Territory of Louisiana.

Part of Missouri. On June 4, 181 2, Congress passed an act changing the name of the Territory of Louisiana to the Territory of Missouri and gave it an organized form of government. Iowa existed as a part of the Territory of Missouri until that territory was admitted into the Union as a State on August 10, 1821. From 182 1, Congress seemed to have forgotten about the territory to the north of Missouri and it remained without a government and the protection of law until a crime was committed in 1834, when the attention of Congress was called to its condition and all this territory was included within the Territory of Michigan.

With Michigan and Wisconsin. Iowa existed as a part of the Territory of Michigan from June 28, 1834, until April 20, 1836, when Michigan was reduced to its present size and the remainder of that territory was organized under the name of Wisconsin. From 1836 until June 12, 1838, Iowa was a part of Wisconsin Territory, but was on that date separated from Wisconsin, and all that part of Wisconsin Territory lying west of the Mississippi was organized under the Territory of Iowa.

Iowa Territory. Iowa Territory was bounded on the south by the State of Missouri, on the west by the

ORIGIN AND OWNERSHIP OF IOWA 1 5

Missouri and White-earth Rivers, on the north by Canada, and on the east by the Mississippi River and a line due north from the head waters of that river to the Canadian line. Thus Iowa Territory included the present State and parts of Minnesota and of North and of South Dakota. Iowa remained a territory until December 28, 1846, when it was admitted into the Union as a State.

1 Who were the Mound Builders?

2 Compare the Indians and the Mound Builders in their habits of life.

3 Trace the steps in European claims to Iowa territory.

4 To what different territories in the United States did Iowa belong?

5 What is the origin of the name "Iowa"?

Chapter II, Early Settlements In Iowa

Indians in Iowa. When the first white men of Europe

explored the lands west of the Mississippi River they found the American Indians living in wigwams clustered in villages along the hillsides and streams. They made their living by hunting and fishing and by a crude form of agriculture by which they stirred the soil with sharp sticks and raised maize and other grains. Iowa was an ideal land for the Indian. On the hills and in the valleys were deer, and on the prairies were found the buffalo. Wild turkeys, prairie chickens, grouse and other wild game were to be found on the meadows and in the thickets. Plums, grapes, and other wild fruits were in abundance.

The Indians iound predecessors in die Mound Builders, a race of people who differed in stature and in mode of living from themselves. The numerous great mounds of earth found on the high bluffs along the Mississippi River tell a long story of the life and habits of these interesting people. Their departure was doubtless hastened by the bands of savage Indians who came into the Mississippi Valley from both the east and the west. Some of the most noted tribes of Iowa Indians were the Sioux, who held the regions in the north of Iowa and Minnesota and penetrated into Dakota. The Sacs and Foxes, who roamed over the plains of Iowa, Illinois and Wisconsin, were members of the Algonquin tribe from the eastern Middle States. The Iowas were in the southern part of the State and the Dakotas came from the northwest. There were many

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EARLY SETTLEMENTS IN IOWA 1 7

other tribes among whom were the Winnebagoes, Pottawattamies, Chippewas, Ottawas, and the Illini. Many of the counties, cities and towns derived their names from Indian tribes and from the Indian chiefs.

The Indians Lost Iowa. The transfers of lands from the Indians to the whites were made through treaties. Delegates representing the United States and delegates representing the Indians met and agreed on terms. The Government paid for the territory and the amount and other details were put into writing and the chiefs made their marks as signatures. The Indians were often unable to cope with the white man's shrewdness and generally were badly cheated. Bright colored blankets, fire-arms and whiskey often purchased more than their value in lands. The most noted treaty by which Iowa lands were secured from the Indians was in 1830, when the United States bought from the Sacs and Foxes, Sioux, Omahas, Otoes and Missouri's, a large portion of the western part of the State, by paying a small sum to each of the tribes. Another large area was secured by the Black Hawk Purchase in 1833, and in 1836 the four hundred square miles reserved for the Sacs and Foxes, and comprising Louisa County, was secured by the whites.

First White Settlers. It was more than a hundred years after Marquette and Joliet first landed on Iowa soil before the first white settlers came to establish homes on the west side of the Mississippi. The first white man to settle in Iowa and to earn a living from the products of its soil was Julien Dubuque, a Frenchman, who came to what is now the city of Dubuque, in 1788. He learned from the Indians what rich deposits of lead were found on the banks of the river and he obtained from the Indians the sole right to work the lead mines. He took ten French-Canadians l8 HISTORY AND GOVERNMENT OF IOWA

with him and by a treaty signed with the Foxes on Septem* ber 22, 1788, at Prairie du Chien, he acquired the desired lands and immediately began operations. Dubuque built a log house, planted corn and other grains, and soon made his men comfortable in the little village. In March, 1810, Dubuque died and was buried on the bluffs near by the village. A wooden cross above the grave contained the inscription, "Julien Dubuque, Miner of the mines of Spain."

In 1795, or seven years after the first settlement made in Iowa, another Frenchman, whose name was Basil Gaillard, sometimes referred to as Giard, settled a little farther north along the river on the present site of McGregor in Clayton County. He is reported as having known Dubuque, and the two men sometimes traded together. Several years later, after the death of Gaillard, his heirs sold the immense tract of land for the small sum of three hundred dollars.

A third settler on Iowa soil was Louis Honori, who settled near Montrose in Lea County. He obtained a title to his lands from the Lieutenant-Governor of Louisiana Territory in 1799. In 1839, the United States issued a title to some of this land and it is said to be the earliest title to any soil in Iowa. A little later came Dr. Muir, a Scotch surgeon in the army, who was at first stationed in a frontier fort in Illinois and who later built a house on the present site of the city of Keokuk. Another early settler was Antoine LeClaire, who was among the first to settle at Davenport. A little later came Colonel George Davenport, a trader and army contractor, who settled in Davenport about 1820. It was after him that the city of Davenport took its name.

Two expeditions sent out for the purpose of exploration deserve mention in connection with the early history of Iowa. The first was the Lewis and Clark Exoedition, s^,nt

EARLY SETTLEMENTS IN IOWA out by President Jefferson, and starting from St. Louis in 1804. The second was that under Lieutenant Zebulon Montgomery Pike, sent out by the army, also starting from St. Louis, but a year later. Pike was to explore the Mississippi River to its source, and to select suitable places for the erection of forts to secure the newly purchased territory. Lewis and Clark were instructed to follow up the Missouri to its source, and if possible to explore the country over to the Pacific Coast. They, like Pike, were instructed to meet the Indians and explain their mission and to cultivate their friendship by giving them presents. They held a council at a point along the great bluffs on the Missouri about opposite from the present site of Council Bluffs. Other places were visited by the same expedition; among them was Sioux City, during the month of August, 1805.

Other settlements were later made within the interior of the state along the Des Moines, Iowa and Cedar Rivers. Many of these earliest settlements were made by fur trading companies, among which were the American, the Green Bay, and the stations controlled by the Chouteaus of St. Louis. Pierre Chouteau, Sr., established a trading post where the city of Ottumwa now stands. In 1838, the agency for the Sac and Fox Indians was located where Agency City now stands, and General Joseph M. Street was placed in charge. Settlements gradually spread to the north, and in 1843 a f° rt was built on the spot where Des Moines now stands. The fort was at first called Fort Raccoon and was under the command of Captain James Allen; later the name was changed to Des Moines. Fort Clark was another early settlement, made in 1850, and later became Fort Dodge at the suggestion of General Winfield Scott. Such forts were established all over the central and western part of the territory to give protection to the pioneer settlers as they gradually claimed the soil from the Indians. Most of them continued as forts only long enough to assure a peaceful settlement by the whites.

i. Name the different Indian tribes found in early Iowa.

2. What natural resources first attracted white people to Iowa?

3. Name the early settlements in Iowa.

4. Why were so many military forts established in Iowa in the early days?

5. Describe the soil of Iowa.

6. What are the chief farm products in Iowa?

7. What are the chief mineral products?

8. What was the Spirit Lake massacre?

9. Name five towns or cities named after Indians.

10. From whence did the early white settlers come to Iowa?

CHAPTER III. Territorial Government

Origin of Territorial Lands. When the colonies won their independence from England with the close of the Revolutionary War, they also won the title to the country lying between their western boundaries and the Mississippi River. Seven states — Massachusetts, Connecticut, New York, Virginia, North Carolina, South Carolina, Georgia — claimed these western lands as parts of their colonial areas. Six of the states had no western lands and they declared these lands lying to the west ought to be ceded to the Federal Government, and owned by the states in common, as they had all fought for a common cause during the war and all ought to share equally in the lands taken from England. The states without lands won their demands by refusing to adopt the Articles of Confederation until the other states consented to give up their western land claims.

Origin of Territorial Government. As early as 1780, it was evident the Federal Government would eventually become the owner of this great area commonly known as the Northwest. Three years later, Congress began to consider plans of government for the people who were rapidly settling this region. On April 23, 1784, an Ordinance was passed by Congress providing for a temporary government, but the provisions of that first Ordinance were not satisfactoiy to many people and no settlements were made under it. The subject was debated in Congress for three years longer before any definite action was taken. Finally, on July 13, 1787, another Act, known

2* as the Northwest Ordinance, was passed by the Congress of the Confederation and provided a territorial government for the territory northwest of the Ohio River.

The Northwest Ordinance. The Organic Act of July 13, 1787, for the government of the Northwest Territory, is a state paper second in importance only to the Constitution of the United States. The Ordinance embraced three distinct purposes. First, it granted to the inhabitants of the territory those fundamental political and personal rights which are deemed to lie at the basis of the American system of government. They include the recognition of the equality of inheritance; the absolute freedom in belief and worship; the prohibition of legislation violating the obligation of contract; the necessity for ample provision for education; the fair treatment of the Indians; and the prohibition of slavery in the territory. Second, it was a constitution or fundamental law for the immediate government of the territory. To this end it superseded the Ordinance of April 23, 1 784. Third, it declared the general attitude of the Federal Government in what it deemed should be the ultimate status of such territory. It specifically stated that this territory was to be perpetually a part of the Union and when it reached a sufficient stage of development was to be admitted into the Union in not less than three or more than five states. In this Act, which formed the basis for all future acts for the government of territories, Congress definitely asserted its absolute supremacy over unorganized territory, and the limitations it proposed to place over such territory as it organized.

Relation to Federal Government. An organized territory remains under the absolute control of Congress, and may at any time suffer its Organic Law repealed or its area divided and another territory created. The territory differs then from a state in that the territory is subject

TERRITORIAL GOVERNMENT directly to the laws of Congress, while the state is subject to the Constitution of the United States and may exercise all powers not prohibited to it by the Constitution. Because of this difference the states have privileges not enjoyed by the territories. The people of a territory have no voice in the election of President, and they have no senators or representatives in Congress. Each territory does have a delegate in the national House of Representatives. He is elected by the people of the territory and has the right to take part in debate, but not to vote.

Organic Act of Iowa. The Organic Act making Iowa a separate territory was passed by Congress on June 12, 1838. It was a written constitution according to which the territory was to be governed. It differed from the present State Constitution in that it was made by Congress and not by the people of the territory. It was similar in many ways to the State Constitution and divided the government into executive, legislative and judicial departments, provided officers for each, and defined their duties. The Act begins by defining the boundaries of the territory. It was to include the part of Wisconsin Territory not included within that state. Iowa Territory was bounded on the south by the northern boundary of the State of Missouri, on the west by the Missouri and White-earth Rivers, on the north by Canada and on the east by the Mississippi River and by a line due north from the source of the Mississippi to Canada. It therefore included the present State of Iowa and parts of Minnesota, North Dakota and South Dakota. Congress reserved the right of dividing the territory into two or more territories at its own discretion.

The Executive Authority. The Organic Act vested the executive power and authority in a governor, who was to be appointed by the President of the United States with the consent of the Senate, and was to hold office for a period of three years unless sooner removed by the President. The duties of the governor were carefully enumerated. He was to be, above all, a general executive officer and administrator of the affairs of the territory. He was commander-in-chief of the militia, superintendent of Indian affairs, and was required to approve all laws of the territorial legislature, which gave him the absolute veto power. The veto power was modified by Congress in 1839, so as to allow the legislature to pass an act over the governor's veto by a two-thirds vote of both houses. The governor could pardon all offenses against the laws of the territory and could grant reprieves for offenses committed against the laws of the United States, until the decision of the President could be made known. The act further provided that with the advice and consent of the legislative council the governor was to appoint all judicial officers, except those of the staff, and all civil officers not therein provided. He also could appoint to office in case of vacancy occurring during recess of the council. The governor was also given authority to initiate the new government, to call the first elections and to determine the place of meeting of the first legislature. In fact, the authority of the governor under the territory was in many respects greater than that of state governor of later date.

Other Officers. The Organic Act further provided for a secretary, a marshal, an attorney, a chief justice and two associate justices. All these were to be appointed by the President and confirmed by the Senate. The governor and other six officers constituted the chief officials of the territory. All but the governor were appointed to serve for four years or until removed by the President. These officials were generally chosen from outside the territory, and it was not until recent times that territorial govern-