CHAPTER III

iowa's first legislature—graphic, amusing and interesting pen pictures by a veteran member of that historic body— hawkins taylor's portrayal of the first iowa law makers— franklin county in the general assembly

Hawkins Taylor was a member of the first Iowa Territorial Legislature from Lee county and afterward became a man of note and influence. Prior to his death he spent several years in Washington City and in 1884 contributed the article given here to the State Register:

"I propose to write up the first Territorial Legislature of Iowa that met in Burlington in the old Zion Methodist Church on Third street, on the 12th of November, 1838, now more than forty-five years ago. At this time very few of the members of the present Legislature of the State of Iowa had tasted their mother's milk, and at that time few of the members had ever seen a railroad. The settlers did not get free homes as the settlers do now, and they had preemption laws, but had to pay $1.25 per acre for their land or risk its being entered by a speculator. Money was scarce and times hard but there was good will, the latch string was out at every cabin, and no one thought of locking the doors of cabin or stable. If one settler from sickness or any other cause needed help, his neighbors gave him the assistance, whether to cultivate his crops or pay for his land. There were few statute laws but the people were a law unto themselves, and there is never much injustice in such localities, where the ministers of the gospel are a part, and respected part, of the community. It is when civilization and courts assume control that locks are needed. It is the certainty of conviction and punishment that brings terror to the evil doer. There was certainty of punishment then. There is not much fear of certainty of punishment now, if the swag justifies the risk. At that time the man who at tempted to rob his neighbor was speedily settled with, and without court expense.

"After this preface, the reader will not be surprised to have me say that no Legislature in the state, not excepting the present one, ever had more talent and honest, earnest work in preparing proper laws for the people than the first Iowa Territorial Legislature in proportion to members, and there certainly has never been more dignified or efficient presiding officers than Gen. J. B. Brown, of the council, and Col. W. H. Wallace, of the House. I have never seen in the Senate or House of Congress, with the exception of Vice-President Dallas, the same dignity and observance of the rules as in that first Territorial Legislature, both in the Council and House.

"There were thirteen members of the Council and twenty-six members of the House, all newcomers to each other, and naturally, among the members some odd characters. They were from all parts of the Union, and each member was interested in incorporating in the laws of the territory the laws of the state of his former residence. The territory had laws under the Territory of Michigan, and then under, or a part of, Wisconsin, but the new Legislature had no code of laws to work on or from. A large majority of the members were from Indiana, Illinois, or the South, and were interesting anti-Yankee, so much so that even Ohio was classed as a Yankee state and unfortunately, the Legislature at the outset got into a quarrel, first with the secretary of the territory (Conway) about pocket knives, and then with the Governor about the number of employees of the Legislature, and that quarrel lasted up to the end of the session. Governor Lucas had been Governor of Ohio for two terms, had presided over the Baltimore convention in 1832, that renominated 'Old Hickory.' He wore his hair like Old Hickory and looked like him, and was proud of it, claiming the Roman virtues of that old hero. He was a class leader of the Methodist church and felt that it was his special duty to civilize the swell mob of settlers and legislators that he had been appointed to govern. He was an economist of the strictest Holman order, and the Legislature, following the example of the Wisconsin. Legislature, had elected a full corps of officers, some ten in the Council and a third more in the House, to which the Governor had entered his earnest protest. There had some half dozen followers come with the Governor from Ohio, some of them very indiscreet friends, and they contributed largely to the quarrel. The Council refused to confirm the Governor's nominees and the Governor would reappoint and the Council would persevere in rejecting them.

"An old fellow by the name of King, who kept a tavern where a good many members boarded, was nominated for justice of the peace

and rejected almost a dozen times. King was called 'The Bell Ringer.' He had a bell on a post out in the street that he rang before meals. On one occasion, Hempstead, of Dubuque, afterward Governor, when King had been rejected ten or a dozen times, on the arrival of a message from the Governor, inquired of the President of the Council if the 'aforesaid Bell Ringer was back again.'

"Frierson, a member from Muscatine, was probably more the cause of the continued trouble than all others. He assumed to speak for the Governor and would threaten all measures before the Legislature that he did not like with the Governor's veto; and the Governor's veto was then absolute. The Legislature, by more than two-thirds majority, passed a memorial to the President of the United States for the removal of the Governor. The memorial was prepared by a committee of which J. W. Grimes was chairman, and drawn mainly by Grimes. It was very nearly a copy of the Declaration of Independence, in the following words:

"He has declared to members of the Legislative Assembly his determination to veto all laws for which he would not vote as a member of the Assembly, thereby placing his isolated opinion in opposition to that of the representatives of the people, as well as possible in matters of more expediency. He has appointed and nominated to office persons from abroad who were neither domiciled among nor had they any interest in common with the people of Iowa, and some of the persons thus nominated or appointed were connected with his excellency by intimate ties. He has manifested such a total want of abilities, not only to govern in time of peace but more especially to command in time of war, as are justly calculated to inspire your memorialists and their constituents with alarm for the security of their country, bordering as it does on the very confines of savage, warlike tribes.

"Wherefore, and in consideration of the above recited facts, your memorialists are driven to the unpleasant alternative of appealing to the constitutional guardian of this people, who has, they firmly believe, the best interests of the people at heart, although in the language of your excellency, the appointing power cannot always be well advised in its selections and the experience of every county has shown that public officers are not always proof against temptation, and of declaring, your excellency, in the language of the Declaration of Independence, their firm conviction that Robert Lucas is unfit to be the ruler of a free people.

"'They therefore, impelled by facts alone, and in nowise influenced by party or political motives, most respectfully and earnestly

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pray, that his excellency be forthwith recalled from the further discharge of the executive duties of the territory, under the full conviction that the grievances of the people, whom they have the honor to represent, will not be heard and remain unredressed and that the misrule that otherwise might terminate in the ruin of the fairest and hitherto most prosperous and quiet portion of our common country will be practically and constitutionally arrested.'

"The Governor was not removed and no one expected that he would be when they voted for the memorial, but Congress did change the law creating the territory by allowing the Legislature to pass a measure over the veto of the Governor by a two-thirds vote.

"There had been no politics in the election of the members to either House of the Legislature. Every single member had been elected on a local issue, either the county boundary or county seat question, and mainly on the county seat question. The people then had heard of railroads but no person then expected that they would carry produce to market. They might take people and light baggage but never flour and meats. The water courses alone were relied upon for the transportation of produce. The Des Moines, Skunk, Iowa and Cedar rivers were all relied upon as navigable streams, especially the Des Moines. That river was to be the Muskingum of Iowa, with its banks lined with thriving towns. Farmington had been made the county seat of Van Buren county, by the Wisconsin Legislature, and then changed to Keosawqua, but Bonaparte, Bentonsport, Columbus, Farmington and Rising Sun were all ready to take their Bible oath that their town was the proper place for the county seat. Each of these towns had one or more candidates for the Legislature and each elected a member of one or the other House except Columbus. In Lee county the contest was between Fort Madison and the town of West Point. Fort Madison got the Council and West Point the House members. In Henry the contest was between Mount Pleasant and Trenton. Mount Pleasant elected the two members of the Council and two of the House. In Des Moines, it was Burlington and Franklin, and Burlington got all but one member. In Louisa, it was Wapello and Columbus City. Wapello got all. In Muscatine, it was Muscatine and Moscow. All the members lived in or near Muscatine but Moscow elected Hastings. In Scott, it was Davenport and Rockingham. Davenport got the members, as did Bellevue and Dubuque in Jackson and Dubuque counties."