IN HISTORICAL AND POLITICAL SCIENCE HERBERT B. ADAMS, Editor History is past Politics and Politics present History - Freeman SECOND SERIES VII Institutional Beginnings IN A WESTERN STATE BY JESSE MACY, A. B. BALTIMORE N. MURRAY, PUBLICATION AGENT, JOHNS HOPKINS UNIVERSITY INSTITUTIONAL BEGINNINGS IN A WESTERN STATE. Of the local institutions and public acts of the early settlers of Iowa no adequate records are to be found. There are many witnesses yet living who can state what they remember, and this is almost the only source of information. The early settlers thought no more of keeping permanent records of their public or social acts than they did of their individual labors. They plowed, sowed, built houses, barns, bridges, school-houses, punished disorderly persons, defended their homes against the Indians, all as the necessity or convenience of the time made desirable. In much of their ordinary work, by coöperation, they helped each other. It would require a wise man often to distinguish between acts which were not public and those which should be called such. The early settlers made no distinction and kept no permanent record of either. Even the claim associations upon whose acts the titles to their homes. rested have left almost no records. There were scores of these organizations in the state, and, after extended inquiry, I find records of only one. These are the property of Colonel Trowbridge, of Iowa City, secretary of the Claim Association of Johnson County. He has kept a complete set of records for that county. In preparing the following sketch I have relied upon the personal testimony of living witnesses for much of the information used. On the 17th of June, 1830, the miners of Dubuque assembled around an old cotton-wood log, stranded on an island, and appointed a committee of five miners to draw up regulations for their government. They reported the following: "We, a committee, having been chosen to draft certain rules and regulations by which we, as miners, will be governed, and, having duly considered the subject, do unanimously agree that we will be governed by the regulations on the east side of the Mississippi river, with the following exceptions, to wit: “Article 1. That each and every man shall hold two hundred yards square of ground, working said ground one day in six. "Article 2. We further agree that there shall be chosen, by a majority of the miners present, a person who shall hold this article and grant letters of arbitration on application having been made, and that said letters of arbitration shall be obligatory on the parties concerned so applying." These articles were adopted and Dr. Francis Jarret was chosen as the "person who should hold the article and grant letters of arbitration." (Hist. Dubuque Co., p. 341). These are believed to be the first laws for the government of white men adopted on the soil of Iowa. These laws proceeded directly from the persons who were to be governed by them, viz.: Americans from across the river in the state of Illinois. They agreed to be governed by the regulations on the east side of the river with specific exceptions. The exceptions were written down; the "regulations," or the code of Illinois under which they agreed to live, each man carried in his own head. They were miners; they came to work the lead mines. The land which they proposed to parcel out among themselves in squares of two hundred yards each belonged to the Sac and Fox Indians. For more than two years these miners carried on an unequal contest with the United States troops who were sent to protect the rights of the Indians. They were not only governed by the "regulations on the east side," but they were compelled to live on the east side the greater part of the time. Yet they clung with desperation to their "claims," and when, by the terms of the Black-Hawk Purchase in 1833, the land came into the hands of the United States government, they were there to make good their "claims." The code drawn up by the cotton-wood log was still in force. Each took his claim as the code provides. As to the provision for arbitration in the settlement of disputes, the local historian remarks that they "generally took the law into their own hands." In less than a year from June 10, 1833, when the Indian title was extinguished, more than two thousand persons were living in Dubuque. They had no authorized government. Congress had made no provision for settling the territory; the settlers provided for their own needs as best they could. In May, 1834, occurred a cold-blooded murder. Patrick O'Connor shot George O'Keaf, apparently without provocation. Immediately after the shooting a great crowd assembled. O'Connor was asked why he had shot O'Keaf. He replied: "That is my business." The enraged miners proposed to hang him at once, but the more discreet advised that he be taken to town and the affair be fully investigated. This was done, and the 20th of May was set for the trial. A large crowd gathered. On motion Captain White was appointed to conduct the prosecution. The prisoner selected Captain Bates as his attorney. A jury of twelve men was chosen by the prisoner. They were seated on a log in front of him and he was asked if he had any objections to the jury. He said he had none. Witnesses were examined and brief addresses made by the attorneys. Captain Bates tried to persuade the citizens to send the accused across the river where he could be tried by law. Captain White replied that they had tried that plan before and the courts in Illinois held that they had no jurisdiction. The case went to the jury, and, after a brief conference, the following verdict was returned signed by every juryman in his own hand: |
