Dodge Lucas Okamfoers Clarke Brings . KAAJW />i/1S /?7W?/V AT HIS EXPENSE. J87 T64 v.l lev: a. Governors. University of California At Los Angeles The Library J 6^ 1 04- Form L I This book is DUE on the last date stamped below Form L-9-10m-3,'27 MESSAGES AM) PKOCLAMATIONS OF THE GOVEMOBS OF IOWA THE MESSAGES AND PKOCLAMATIONS OF THE GOVERNORS OF IOWA COMPILED AND EDITED BY BENJAMIN F. SHAMBAUGH, A. M., Pn.D. PROFESSOR OF POLITICAL SCIENCE IN THK UNIVERSITY OF IOWA VOLUME I PUBLISHED BY THE STATE HISTORICAL SOCIETY OF IOWA IOWA CITY, IOWA 1903 S4919 COPYRIGHT 1903 BY THE STATE HISTORICAL SOCIETY OP IOWA PKEFACE The publication of the Messages and Proclamations of the Governors of Iowa was authorized by an act of the Twenty- ninth General Assembly making an appropriation to the State Historical Society. Under the authority of that act the Board of Curators of the State Historical Society ordered and directed the compilation and publication of the docu- mentary materials included in these volumes. This compilation contains four classes of documents. I. Regular Messages, which include (a) Inaugural Addresses (State Governors), (b) Annual Messages (Territorial Gov- ernors), (c) Biennial Messages (State Governors), and (d) Messages communicated at the opening of Special Sessions. II. Veto Messages. III. Special Messages. IV. Procla- mations. From the table of contents it will be seen that the several Governors are named in their proper chrono- logical order, and that the documents of each Governor are arranged according to the above classification. Within each class the documents are arranged in chronological order. The source from which each document has been taken for this compilation is clearly indicated in each case. This is necessary since many of the documents may be found in more than one source. In selecting sources, reliance has been placed first of all on official publications and original manuscripts. Resort to unofficial sources, such as newspa- pers, has been had only when the materials were not dis- vi PREFACE covered in the original manuscript or in official publications. The several documents have been reprinted or transcribed literally from the sources indicated. This will account for the lack of uniformity in punctuation, capitalization, and spelling, and also for some manifest errors in the text. It is hardly probable that all of the materials which prop- erly belong in this compilation have been discovered. Some of the proclamations of the earlier Governors have not been found either in the public archives or in the newspapers of the day. Time will doubtless reveal the omissions; and the publication of what has been gathered will aid in bringing to light the missing documents. It has been thought best to issue a special index volume for the entire compilation. The preparation of these volumes without interruption to my regular academic duties would have been impossible but for the constant assistance of Mrs. Shambaugh. BENJ. F. SHAMBAUGH IOWA CITY, 1903 CONTENTS GOVERNOR HENRY DODGE ^ PAGE BIOGRAPHICAL SKETCH - 1 FIKST ANNUAL MESSAGE - 3 SECOND ANNUAL MESSAGE - 12 SPECIAL SESSION MESSAGE 25 VETO MESSAGES N- To the House of Representatives 29 \ To the Council 32 To the House of Representatives 33 To the House of Representatives - 34 To the House of Representatives 35 SPECIAL MESSAGES To the House of Representatives 36 To the House of Representatives - 36 To the House of Representatives 37 To the Council - - 37 To the Council - 38 To the Council - 38 To the House of Representatives 39 To the Council - 40 To the Council - 41 To the Council - 41 To the House of Representatives 42 To the Council - 42 To the Council - 43 To the House of Representatives 43 To the House of Representatives 44 To the House of Representatives - ; 44 To the House of Representatives 46 To the House of Representatives - 46 To the House of Representatives 47 To the House of Representatives - ^ 48 To the House of Representatives 49 viii CONTENTS PROCLAMATIONS PAGE On the Apportionment of Members of the Council and House of Representatives - 50 On the Election of Members of the Council 53 On the Election of Representatives - 54 On the Election of Delegate to Congress - 55 Offering a Reward - 55 Establishing a Seat of Justice 57 Offering a Reward - 58 On Election to Fill a Vacancy in the House of Repre- sentatives 59 On Election to Fill a Vacancy in the Council - 61 On Election to Fill a Vacancy in the House of Repre- sentatives - - - 62 On Election to Fill a Vacancy in the House of Repre- sentatives - 64 Revoking a Commission 66 Offering a Reward - 67 On Election to Fill a Vacancy in the House of Repre- sentatives - 68 On Election to Fill a Vacancy in the House of Repre- sentatives - 69 GOVERNOR ROBERT LUCAS BIOGRAPHICAL SKETCH - 73 FIRST ANNUAL MESSAGE - 75 SECOND ANNUAL MESSAGE - 94 Accompanying Documents 122 SPECIAL SESSION MESSAGE - - 141 THIRD ANNUAL MESSAGE 147 VETO MESSAGES To the Council 156 To the House of Representatives - 158 To the House of Representatives - 159 To the House of Representatives - 160 To the Council 161 To the House of Representatives - 165 To the Council 167 To the House of Representatives - 169 CONTENTS ix VETO MESSAGES PAGE To the House of Representatives - 171 To the House of Representatives - 174 To the Legislative Assembly - 175 To the Council - 176 SPECIAL MESSAGES To the Council 178 To the House of Representatives - 182 To the House of Representatives - 184 To the House of Representatives - 186 To the Legislative Assembly - 188 Acknowledgment of the Receipt of Acts and Resolutions of the Legislative Assembly - 188 PROCLAMATIONS Dividing the Territory into Judicial Districts 206 Fixing the Time of Election and Dividing the Territory into Electoral Districts - 209 On Election Returns 212 Locating a County Seat - 215 On the Southern Boundary of the Territory of Iowa 217 On the Southern Boundary of the Territory of Iowa - 223 On the Sale of Lots in Iowa City - 241 On Election of Delegate to Congress - 243 On the Sale of Lots in Iowa City - 244 Convening the Legislative Assembly at Iowa City - 245 GOVERNOR JOHN CHAMBERS BIOGRAPHICAL SKETCH 249 FIRST ANNUAL MESSAGE 251 Appendix 258 SECOND ANNUAL MESSAGE - 262 THIRD ANNUAL MESSAGE 269 FOURTH ANNUAL MESSAGE - - 278 VETO MESSAGES To the Council and House of Representatives - 289 To the House of Representatives - 290 To the Council and House of Representatives 291 To the House of Representatives - 292 x CONTENTS VETO MESSAGES PAOK To the Council 296 To the Council - - 302 SPECIAL MESSAGES To the Council and House of Representatives 303 Endorsement of a Bill - - 306 PROCLAMATIONS To Prevent Trespassing upon Certain Lands - 307 Declaring the Vote on the Question of a Convention - 308 On Thanksgiving - 309 Declaring the Vote on a State Constitution - 310 GOVERNOR JAMES CLARKE BIOGRAPHICAL SKETCH 315 FIRST ANNUAL MESSAGE - 317 SECOND ANNUAL MESSAGE 329 VETO MESSAGE To the House of Representatives - 349 SPECIAL MESSAGE To the Council and House of Representatives 352 PROCLAMATIONS Calling for Volunteers for Mexican War - 356 On the Vote Ratifying the Constitution and Fixing date for Election of State Officers 358 Fixing Date for the First Meeting of the General Assembly of the State - 360 On Thanksgiving - 361 GOVERNOR ANSEL BRIGGS BIOGRAPHICAL SKETCH - - 365 INAUGURAL ADDRESS 367 SPECIAL SESSION MESSAGE - - 370 FIRST BIENNIAL MESSAGE 379 SECOND BIENNIAL MESSAGE - - 395 VETO MESSAGE 412 SPECIAL MESSAGES To the Senate 413 CONTENTS xi SPECIAL MESSAGES PAGE To the Senate and House of Representatives - 414 To the House of Representatives - 414 To the House of Representatives - 415 PROCLAMATIONS On Thanksgiving - 417 Calling a Special Session of the General Assembly - 418 GOVERNOR STEPHEN HEMPSTEAD BIOGRAPHICAL SKETCH - 423 INAUGURAL ADDRESS 425 FIRST BIENNIAL MESSAGE - - 429 SECOND BIENNIAL MESSAGE 449 VETO MESSAGES To the House of Representatives - - 468 To the House of Representatives - 470 To the House of Representatives - - 471 To the Senate - 472 To the Senate - 474 To the House of Representatives - 475 To the House of Representatives - - 476 To the Senate - 479 SPECIAL MESSAGES To the House of Representatives - - 480 To the Senate - ... 481 To the Senate and House of Representatives 483 To the House of Representatives - 483 To the Senate - 484 To the House of Representatives - 485 To the Senate and House of Representatives - 486 GOVERNOR HENRY DODGE BIOGRAPHICAL SKETCH Henry Dodge, the first Governor of the original Terri- tory of Wisconsin of which Iowa formed a part from July 1836 to July 1838, was born at Post St. Vincents (now Vincennes, Indiana) in the Territory of the Northwest, on October 12, 1782. His father, whose name is found among the officers of the American Revolution, was a New Englander. His mother, a woman of Scotch-Irish descentj was born in Pennsylvania. Henry Dodge spent the greater part of his life on the frontiers of Indiana, Kentucky, Missouri, Illinois, Michi- gan, Wisconsin, and Iowa. He was a product of the frontier, typifying in his life and character the courage, energy, and aggressiveness of the pioneers of the Middle West. His boyhood days were passed in Indiana and Ken- tucky. At the age of fourteen he joined his father in Upper Louisiana, a province then under the dominion of Spain. As a private citizen he was at different times engaged in making salt, mining and smelting lead, and in farming. His public life is quite remarkable. As a soldier Henry Dodge held the following commis- sions: Lieutenant of Militia in the District of St. Gene- vieve, (Ter. La.) 1806; Adjutant of Militia in the District of St. Genevieve, 1806; First Lieutenant of St. Genevieve Troop of Cavalry, 1807; Captain of St. Genevieve Troop of Cavalry, 1809; Brigadier General of the Territory of Missouri, 1814; Major General of the Second Division of 2 HENRY DODGE Missouri Militia, 1822; Colonel in the Militia of the Ter- ritory of Michigan, 1829; Major of a Battalion of Mounted Rangers, 1832; and Colonel of a Regiment of United States Dragoons, 1834. As a civil officer he held the following positions : Deputy Sheriff of the District of St. Gene vie ve, 1805; Marshal of the Territory of Missouri, 1813; Sheriff of the County of St. Genevieve, 1813, and again in 1815; Marshal for the District of Missouri, 1817; Member of the Constitu- tional Convention of Missouri, 1820; Chief Justice of the County Court of Iowa County, (Michigan) 1829; elected to the Legislative Council of the Territory of Michigan, 1831; Governor of the original Territory of Wisconsin from 1836 to 1838; Governor of the Territory of Wisconsin from 1838 to 1841, and from 1846 to 1848; Delegate in Congress from the Territory of Wisconsin from 1841 to 1845; and United States Senator from the State of Wisconsin from 1848 to 1857. In politics Henry Dodge was a Democrat and a warm friend of Andrew Jackson. His son, Augustus Caesar Dodge, was a Delegate from the Territory of Iowa to the Twenty-seventh, Twenty-eighth, and Twenty-ninth Con- gresses. In 1851 he was elected to a seat in the United States Senate. It is a remarkable coincidence that father and son were members of Congress at the same time. BIBLIOGBAPHICAL. NOTE. Iowa Historical Record, Vol. II, p. 313; Vol. V, p. 337; Vol. VI, pp. 391, 445; Vol. VII, p. 101; Vol. VIII, pp. 251, 297; Vol. XIV, p. 289. Collections of the Wisconsin Histor- ical Society, Vol. V, p. 173; Vol. VHI, p. 273. Annals of Iowa, 3d Series, Vol. IV, p. 137. Appleton's Cyclopedia of American Biogra- phy, Vol. II. FIRST ANNUAL MESSAGE OCTOBER 26, 1836 From Journal of the House of Representatives, Wis: Ter. , p. 1 1 Fellow Citizens of the Council, and House of Representatives: We have been convened under an act of Congress of the United States establishing the territorial Government of Wisconsin, for the purpose of enacting such laws as may be required for the government of the people of this territory. The present and future prosperity of the people of this terri- tory, greatly depends upon the laws which may be passed at the present session of the Legislative Assembly. You will have my most cordial co-operation in the discharge of the high responsible duties that devolve on you as the representatives of the people. The judicial power of this territory, under the organic law of Congress, is vested in a Supreme Court, District Court, Probate Courts, and Justices of the Peace. I would recommend the early action of the Legislative Assembly in defining the jurisdiction and powers of the several Courts of this territory, dividing the territory into judicial dis- tricts, and prescribing the times and places of holding the proper Courts. There is now in confinement in several counties in this territory, criminals charged with capital offences; and the due administration of justice requires that they should be tried as early as competent courts can be organized. The judiciary is one of the most important 4 MESSAGES AND PROCLAMATIONS OF branches of our territorial government; the lives, liberties, and property of all classes of the community, depend on the due and impartial administration of the laws. I would recommend to the Legislative Assembly, at an early day of their session, that a memorial be forwarded to the Congress of the United States, on the subject of extend- ing the right of pre-emption, to a numerous and respectable portion of the inhabitants of this territory, who are now settled on the public lands. The policy heretofore pursued by the Government, in granting the right of pre-emption to actual settlers, has induced many families to emigrate to this territory, believing the same indulgence would be ex- tended to them that had been granted to others. Relying on the justice of the government, they have invested all their means in the improvement of this country; and to be placed in competition with speculators in the purchase of their homes, would bring ruin and distress on many families. The actual settlers on the public lands have brought this territory into notice, and have been the means of producing a large amount in the Treasury of the United States. The public lands were intended for the benefit of the actual settler, who depends alone on the soil for support. They are ready at all times to defend their homes at the risk of everything dear to freemen. By granting them the right of pre-emption they will be enabled to purchase their homes at the government price, which is a small boon ex- tended to this meritorious class of the community, for all the privations incident to the settlement of a new country. The policy of the government in granting pre-emption rights to actual settlers, has grown with the growth and GOVERNOR HENRY DODGE 5 strengthened with the strength of the western country. It is a policy wise and just. The relation of landlord and tenant should never exist in this country; it is contrary to the spirit of our free institutions; and surely the representa- tives of a great and enlighted people will shield the actual settler and his family from the avaricious grasp of the speculator. Congress having passed a law at their last session, granting to the actual occupants of town lots on the land of the United States, the privilege of purchasing their lots at a fixed price, has established a precedent that gives the actual settler strong claims on the justice of the Govern- ment. From the present state of the United States Treas- ury, it would seem there could be no necessity for selling the public lands to the actual settler at the high price of one dollar and a quarter an acre; in justice, the price of the public lands should be reduced and graduated according to the value of the land. From the great extent of the public domain of the Territory, yet to be surveyed, it would seem the public interest would be greatly promoted by the establishment of a Surveyor General's Office within their territory, and the location of two Land Offices west of the Mississippi. I would suggest the propriety of memorializing Congress as to the justice of granting to all the miners who have obtained the ownership of mineral grounds, under the regu- lations of the superintendent of the United States Lead Mines, either by discovery or purchase, the right of pre- emption in the purchase of their mineral lots at the mini- mum price of the public lands. By the perserving industry of the miners, the lead mines have greatly increased in 6 MESSAGES AND PROCLAMATIONS OF value; they have been in war, many of them, the brave defenders of the mining region of country; they were in- vited by the Government, through their agents, to explore and work the United States mines. This meritorious class of the community have strong claims on the justice and liberality of the government, that I trust will not be withheld from them. By selling the United States lead mines, without a reservation securing the rights of the min- ers, they would be deprived of valuable mineral grounds that they have exercised ownership over for years; they would not be able to compete with speculators whose object will be to make a monopoly of all the mineral grounds in this extensive lead region of country. I would recommend a memorial to Congress should be prepared, at an early day of the Legislative Assembly, on the subject of the necessary Internal Improvements in this territory. Forty thousand dollars were appropriated at the last session of Congress for the removal of the obstructions in the rapids of the upper Mississippi. I would suggest the propriety of asking of Congress an appropriation of two hundred and fifty thousand dollars for the completion of this important public measure. The annual transportation over these rapids amounts to several millions of dollars. The great increase in the commerce of the upper Missis- sippi within the last two years, the large amount of lead annually shipped from the lead mines, now sufficient for the consumption of the United States, and the increased value of the public lands on the shores of the upper Mississippi, where towns are building on the most eligible situations, give the citizens of this territory strong claims on the patronage of their Government. GOVERNOR HENRY DODGE 7 The shipping interest on Lake Michigan for the last two years has increased to a great extent, and little has been done by the Government to protect it. Appropriations for the construction of harbors and light-houses, are of the first importance to protect our commerce, as well as the lives of enterprising citizens on Lake Michigan. Many lives, and property to a large amount, have been lost for the want of the necessary harbors on this Lake. I would suggest the propriety of asking of Congress an appropriation sufficient to cover the expense of surveying all the necessary harbors on Lake Michigan, and the construction of such harbors and light-houses, at the most eligible situations, for the security and protection of our lake trade. The improvement of the navigation of Fox river, I con- sider a subject of great importance to the citizens of this territory, and recommend that an appropriation be asked of Congress for a survey of the Fox river from Green Bay to Fort Winnebago. A small appropriation would remove the obstructions at the Grand and Little Kakalin, and by cutting a canal a short distance, one-third of the distance would be shortened between Lake Winnebago and the portage of the Wisconsin and Fox rivers. A canal, already commenced, of one mile and a quarter, will connect the waters of the Wisconsin and Fox rivers. This important public work has been commenced by an enterprising company, under a charter from the territory of Michigan, and it is expected, will be completed the next season. With the improvement of the navigation of the Fox river, and connecting the waters of the Wisconsin with that river, we would have an internal communication between Lake Michigan and the 8 MESSAGES AND PROCLAMATIONS OF Mississippi river, which would greatly facilitate our com- mercial operations on the Lakes, as well as the transporta- tion of troops and munitions of war should it be necessary, for the protection of our exposed and extensive frontier. The improvement of the navigation of the Rock river, I consider a subject of vital importance to the future prosper- ity of this territory. This river waters a large extent of fertile country; a small appropriation by Congress would be sufficient to remove the obstructions in its navigation. It is known, that, from the outlet of the four lakes, that dis- charges itself into the Rock River, the distance does not exceed twelve miles by land, and from the fourth lake, it is not more than sixteen miles to the Wisconsin river. Indians have frequently descended in canoes, in high waters, from the fourth lake to the Wisconsin river. The great advan- tage of this inland communication must be apparent; it would greatly enhance the value of the national domain in that part of the territory, and increase the value of lands purchased by individuals from the government. The con- struction of a railroad, commencing at some suitable point on the Mississippi, in this territory, passing through the mining country to the Rock river, and direct to Lake Mich- igan, is a subject of great interest to the citizens of this ter- ritory, who have strong claims on the patronage of the Government in granting a donation in land for that impor- tant purpose. I recommend to the Legislative Assembly, the propriety of asking from Congress a donation of one township of land, to be sold, and the proceeds of the sale placed under the direction of the Legislative Assembly of this territory, GOVERNOR HENRY DODGE 9 for the establishment of an academy for the education of youth ; the institution to be governed by such laws and reg- ulations, and to be erected at such place as the Legislative Assembly may designate. It is a duty we owe to the rising generation to endeavor to devise means to improve the con- dition of those that are to succeed us; the permanence of our institutions, must depend upon the intelligence of the great mass of the people. The organizing and arming of the militia I consider a subject of great interest to the future peace of the people of this territory, from the great extent of our exposed and defenceless frontiers situated, as they are, without arms and ammunition, is a state of things calculated to invite a sudden attack from the numerous Indians bordering on our territory. We are now in a state of peace, and it is the proper time to make the necessary preparations to guard against future events. Experience should teach us, and the existing war in the South with the Seminole Indians admon- ishes us, of the necessity of being prepared. I would recom - mend the passage of a law organizing one company of volunteer mounted riflemen in each of the counties of this territory, to be composed of sixty men each, exclusive of officers, and non-commissioned officers, with the privilege of electing their officers, to be uniformed and held at all times in readiness to take the field. These companies of mounted riflemen should by law be obliged to muster once during each of the summer and fall months, and every two months during the spring and winter months. Mounted riflemen are the most efficient troops for the protection and defense of our frontier settlements. I would recommend the pas- 10 MESSAGES AND PROCLAMATIONS OF sage of a law, making it the duty of the Adjutant General of the militia to make a tour of muster and inspection of the militia in each of the counties in this territory, for the purpose of drilling the officers of each regiment of militia, three days in each year before each regimental muster; and, after the muster and inspection of arms, it should be made the duty of the Adjutant General of the militia to report the strength of the militia of each regiment, with the state and condition of their arms : this report to be made annually to the comniander-m-chief of the militia. These returns are important to enable the territory to procure from the gen- eral government her proportion of the public arms, accord- ing to her numbers. The Adjutant General of the militia should receive a liberal compensation, by law, for his serv- ices. I would recommend to the Legislative Assembly the justice and propriety of asking of Congress, a deposit in this territory of three thousand stand of arms for the use of the citizens in the event of an Indian war one-half the number asked for to be rifles, and the remainder muskets, with fixed ammunition prepared sufficient for a campaign of four months. In addition to the rifles and muskets pro- posed, I would recommend there should be added four light brass field-pieces, not to exceed in weight three hundred pounds, (three pounders,) fixed on carriages, with a supply of fixed ammunition for them. Experience has proven to us that in the first stages of our difficulties with the Indians, we have to depend on our own resources; the granting us the privilege of a deposit of arms might be a great saving to the government in a pecuniary point of view, and might be the means of saving many valuable lives in the event of GOVERNOR HENRY DODGE 11 an Indian war. Under the organic law of Congress it was made the duty of the executive to convene the Legislative Assembly at some place designated by him. In the dis- charge of that duty I have selected this place. The per- manent location of the Seat of Government is a subject of vital importance to the people of this territory, and I deem it proper to state that my assent will be given to its location at any point where a majority of the representatives of the people agree it will best promote the public good. H. DODGE. SECOND ANNUAL MESSAGE NOVEMBER 7, 1837 From Journal of the House of Representatives, Wis. Ter., p. 7 Fellow Citizens of the Council, and House of Representatives: By a law of the last session of the Legislative Assembly we are convened to legislate for the people of this Territory, under the organic law of Congress, creating the Territory of Wisconsin, and prescribing its form of government. As the Representatives of the people, you will bring with you a knowledge of the wants and wishes of your constitu- ents. I trust a spirit of harmony and good feeling will govern your deliberations, to enable you to proceed with that despatch necessary in all legislative bodies; and you will have my most cordial co-operation in support of all measures that have for their object the public good. By the organic law of Congress, the laws of the late Ter- ritory of Michigan are in force until altered, modified, or repealed. There has been a great accession of population to this territory within the last four years, from every part of the United States: the state and condition of the people has been greatly changed, and the existing laws now in force (many of them) are not suited to the habits and wants of the citizens of this territory. I recommend for your consideration, at an early day of your session, the propriety of selecting three or more competent persons to report a GOVERNOR HENRY DODGE 13 code of laws to be submitted to the action of the Legis- lative Assembly during their present session. Owing to the present embarrassed state of the currency in this territory, I recommend for the consideration of the Leg- islative Assembly, the passage of a law granting a stay of execution for one year on all judgments that may be ob- tained in the different courts of record. The enactment of a law to that effect would prevent the ruin of many whose property will be liable to sale at great loss. Debts have been created when bank notes of different banks were in general circulation in this territory, by many of the most in- dustrious and enterprising citizens, who, no doubt, believed they would be able promptly to meet their engagements. A forced sale of their property under the existing execu- tion laws, would not only deprive the debtor of the means of support, but, in many cases, would prevent the creditor from recovering his debts. At the last session of the Legislative Assembly, I called your attention to the propriety of memorializing Congress, asking the extension of the right of pre-emption to the actual settlers located on the public lands in this Territory. I again recommend your early action on that important sub- ject. This meritorious class of our citizens, who are occu- pants of the public lands, have emigrated to this Territory, under the belief that the same privileges would be granted to them that had been extended to others. The settlers on the public lands are the pioneers of the West, who are rap- idly extending the settlements of this Territory; they are alike distinguished for their industry, enterprise, and attach- ment to the republican institutions of this country; and 14 MESSAGES AND PROCLAMATIONS OF every consideration of justice and humanity calls upon the Congress of the United States to extend to the citizens of this territory, who are occupants of the public lands, their fostering protection. The lot of the settlers on the public lands has been one of hardship, privation, and toil, exposed alike to the dangers of savage warfare, and the diseases in- cident to the settlement of a new country. The early set- tlers have built towns, now the seats of civilization and refinement, where Indian wigwams stood smoking four years ago. The early settlers on the public lands in this Territory have explored and opened the most valuable lead mines that have been discovered in the United States, thereby greatly enhancing in value the national domain; by the sale of which large sums have been paid to the government. Land was the immediate gift of God to man, and from the earliest history of the world was designed for cultivation and im- provement, and should cease to be an object of speculation. Speculators in the public lands have purchased large tracts east of the Mississippi in this Territory, which remain waste until they will sell for the highest prices; thereby retarding the growth and settlement of the Territory to the great in- jury of the actual settler. The just and proper policy of the government would be to reduce the price of the public lands, and sell them to the actual settler alone. The public domain would be sold in a short period of time; Indian wars would cease to exist; the frontiers would be settled by a brave and hardy race of men, who would be a barrier to In- dian encroachments, and there would be no necessity of maintaining military posts for the protection of our fron- tiers. Should the Congress of the United States make no GOVERNOR HENRY DODGE 15 provision for the occupants of the public lands, and they should be deprived of their homes, either by the act of the government, or by speculators who might purchase them at a public sale, it will produce a state of things greatly to be regretted. The people of this Territory in the occupancy of the public lands, although firmly devoted to the republican institutions of the country, (and a large majority of them have the most entire confidence in the wisdom and policy of the present administration of the General Government, ) will never submit to be driven from their homes by the iron grasp of the land speculator. Congress having for many years granted the right of pre-emption to the actual settler of the public lands, and that policy of the Government hav- ing continued to exist during the settlement of the Western States, should not now be changed. I deem it my duty to call the attention of the Legislative Assembly to the propriety of memorializing Congress, ask- ing the extension of the right of pre-emption to all miners who have obtained the possession of mineral grounds, or lots under the authority of the Superintendent of the United States lead mines in this Territory, either by discovery or purchase; and that each miner should be permitted to pur- chase his mineral lot at the minimum price of the public lands. I recommend to the Legislative Assembly the propriety of again memorializing Congress, asking them to increase the appropriation to the sum of two hundred thousand dol- lars for the removal of obstructions at the upper and lower rapids on the Upper Mississippi. It is understood the ex- aminations of the obstructions at these rapids had been 16 MESSAGES AND PROCLAMATIONS OF recently made under the direction of the War Department; and, from the favourable report made by the Government, it was expected preparations would have been made to have commenced this important work at the low stage of the river this season. The appropriations, heretofore made by Congress, have been entirely too small, considering the im- portance of the work. The trade of the Upper Mississippi has increased greatly in importance within the last three years, and from the best estimate that can be made at this time, exceeds in amount three millions of dollars annually; the whole of which passes these rapids. The delay in light- ening steam-boats to enable them to pass the rapids at a low stage of the river, and the loss of property on them, is be- lieved to be equal to ten per cent, on the whole amount shipped. It is not alone the citizens of this Territory who are interested in the completion of this important work: the people of the state of Illinois, residing on the borders of the Upper Mississippi, are equally interested. This interest per- vades the whole country on the Mississippi from St. Peters to the Gulf of Mexico. Large appropriations have hereto- fore been made by Congress for the removal of obstructions in the navigation of the different rivers in the Western States, and surely the citizens of this Territory have equal claims on the justice and patronage of the Government. By an act of the Congress of the United States, approved March 3d, 1837, the sum of five thousand dollars, each, was appropriated for the erection of light-houses at the mouths of each of the following rivers, tributaries of Lake Michigan: Milwaukee, Manitoowoc, Cheboygan, and Root river, and at the entrance of Fox River into Green Bay. / GOVERNOR HENRY DODGE 17 Under the provisions of the act of Congress, referred to, it is made the duty of the Navy Commissioners to report to the Secretary of the Treasury, after they have caused an examination to be made for the purpose of ascertaining whether the safety of navigation requires any additional facilities, and what is most suitable for each place desig- nated. Should the Board of Navy Commissioners be of the opinion that the improvements are not required to facilitate the navigation of Lake Michigan, or that it is inexpedient from any other cause, their opinion with the facts are to be reported to Congress. Engineers have heretofore been ap- pointed under the direction of the war department, who have made surveys at the mouths of the rivers mentioned, for harbours, and these reports will show the practicability of their improvement, and their importance and utility to the public. It is a fact well known, that nearly the whole length of Lake Michigan (the western shore of the lake) presents a bold bluff front, varying from fifty to one hun- dred feet in height, rendering it extremely dangerous in storms, owing to the scarcity of bays and natural harbours for the safety of vessels. Extensive settlements are forming on the borders of Lake Michigan; the shipping interest on the Lake has greatly increased within the last two years; and the consequent wreck of vessels and loss of lives and property may be expected, until the construction of har- bours and the erection of light-houses at the mouths of the rivers mentioned. With the exception of the entrance of Fox River into Green Bay, this bay is the best natural harbour on the western borders of Lake Michigan. The construction of a pier, and the establishment of a beacon 18 MESSAGES AND PROCLAMATIONS OF light, at Long Tail Point (at the head of the bay) as well as the erection of buoys to mark the ship channel, are deemed to be of the first importance to the safety of the navigation. From the increased commercial importance of the town of Milwaukee, and its location near the center of the western shore of Lake Michigan, at the mouth of Mil- waukee river, where nature has done much towards making a safe harbour, it would seem that a just regard for the rights of the citizens of this Territory, residing on the borders of Lake Michigan, would urge the Congress of the United States, as an act of justice, to make a liberal appropriation for the construction of a harbour at this important point, which is absolutely necessary for the protection of the lives and the security of the property of our citizens engaged in the Lake trade. Large appropriations were made at the last session of Congress, for the benefit of twenty of the states of this Union, for the building of light houses, light boats, beacon lights and buoys, and the sum of sixty-one thousand dollars was appropriated for the same purposes for the Territory of Florida, and the small amount of twenty- five thousand alone appropriated for this Territory, for the above purpose; and that appropriation made contingent upon the report of the Navy Commissioners to the Secretary of the Treasury, and from him to the Congress of the United States. I recommend to the Legislative Assembly the propriety of again addressing a memorial to Congress, asking an increased appropriation for the construction of harbours, and the erection of light-houses at the mouths of the different rivers designated in the act of Congress referred to, as well as the necessary improvement in the navigation of Green Bay. GOVERNOR HENRY DODGE 19 A survey has recently been ordered by the War Depart- ment, of Fox and Rock rivers. The report of the Engineers charged with that duty has not been published; but, from the best information I have been able to obtain, their report will be favourable to the improvement of both those rivers. The improvement of the navigation of the Fox river, and the connexion of that river with the Wisconsin river, by a short canal of one and one-fourth miles, are subjects of vital importance to the citizens of this Territory, by opening a water communication between the Mississippi and Lake Michigan. A communication between the Rock river and the Four Lakes, and from thence to the Wisconsin river, by a canal of sixteen miles in length, is considered practicable with but little expense. Steam boats have navigated the Wisconsin river during this season to the portage of the Wisconsin and Fox rivers, without obstruction. The organizing and arming the militia I consider a sub- ject of the first importance to the safety of the frontier citi- zens of this Territory. The militia of the territory have been formed into two brigades, composed of five regimental districts and one battalion district. Elections have been held for the field and company officers, and all the districts, with the exception of one regimental district, have been organized. Five companies of volunteer mounted riflemen, and one of dragoons, have been formed and officered. I earnestly recommend to the Legislative Assembly the propriety of addressing a memorial to the War Department of the Government, asking a supply of arms for the use of the volunteer companies now organized, and for the militia of the territory. I would suggest the propriety of asking 20 MESSAGES AND PROCLAMATIONS OF for four thousand stand of arms, one-naif rifles, and the re- mainder muskets; and, in addition, I would propose that two hundred pistols and swords should be furnished for the use of volunteer companies of dragoons, with the addition of four light brass field pieces, not to exceed three hundred pounds in weight (three pounders) on carriages, with fixed ammunition for a campaign of four months. The Indians on the frontier of this territory are now in a state of peace, but such is the restless disposition of all Indians, that it is difficult to determine when they will commence their attacks on our frontier inhabitants. This is the proper time to make the necessary preparations to preserve the peace that now exists with them. From the great extent of the fron- tiers of this territory, and the numerous Indians located on our borders, it is important to the safety of the inhabitants, that protection should be afforded them by the Government, which can only be done by having a mounted force stationed at some suitable point on the Upper Mississippi, in advance of our most exposed settlements. Two hundred mounted troops, under the command of a field officer, would be suf- ficient to range the country from the Mississippi to the Red Cedar, Iowa, and Des Moines rivers. This movement of troops would be a direct check on the Indians who might be engaged in war with each other. Mounted troops ranging the country east of the Mississippi and south of the Wiscon- sin river to Fort Winnebago, would prevent the frequent incursions of the Indians upon the weak and unprotected settlements bordering on that frontier. I recommend, there- fore, that a memorial be addressed to the War Department, requesting to have a mounted force posted in advance of the GOVERNOR HENRY DODGE 21 frontier settlements as early in the next spring season as the grass will sustain the horses. The Indians on the borders of the frontier settlements must see and feel, if necessary, the power of the government to enforce a strict observance of treaties between them; and the presence of mounted troops will produce that dread in the minds of the Indians, which is necessary for the growth and prosperity of the ter- ritory, as well as the safety and security of its inhabitants. The adjustment of the boundary line between the state of Missouri and this territory, has recently become a subject of much interest to the citizens residing in the southern part of Wisconsin. By the act of Congress of 1820, the limits of the state of Missouri were defined; and it was well under- stood by the members of the convention who formed the constitution of that state, ' 'that the rapids of the river Des Moines, " were the rapids on the Mississippi, near the mouth of that river, known in 1820 as the Des Moines river rapids, or the rapids of the river Des Moines; and the upper rapids on the Mississippi were known by the name of the Rock river rapids. It cannot be possible that the act of Congress above alluded to, defining the northern boundary of the state of Missouri, intended to make the starting point for that boundary at any rapids in the river Des Moines: be- cause it is a fact well known, that there are rapids and swift running waters on the Des Moines river, for more than one hundred miles above its mouth; because in 1820 there was, it is believed, no place on the Des Moines river, known or designated as the rapids of the river Des Moines; and, be- cause it was the general understanding in Congress, among the members of the convention framing the constitution of 22 MESSAGES AND PROCLAMATIONS OF the state of Missouri, and among all who were acquainted at that period with the names and localities of this country, that the rapids of the river Des Moines meant the rapids in the Mississippi, terminating near the mouth of the river Des Moines. That this was the understanding even in 1824, is shown by the treaty made on the fourth of August of that year, with the Sac and Fox tribes of Indians. In that treaty the north- western corner of the state of Missouri was fixed at one hundred miles due north of the mouth of the Kansas river; and a purchase of all the lands which the "Sac and Fox tribes have or claim within the limits of the state of Missouri," between the Mississippi and Missouri rivers, was limited on the north by a line drawn due east from that north-western corner to the Mississippi river, reserving, however, the "small tract of land" between the river Des Moines and Mississippi, and the section of that line between those rivers for the use of the half-breeds belonging to those nations. If it could have been imagined at the time of the ratification of that treaty by the Senate of the United States, that the northern boundary of Missouri was not fixed and known as then designated and laid down, but was to be hereafter determined by explorers and surveyors sent to search for rapids on the river Des Moines as far north on that river as they might be found, it is hardly probable that the Senators in Congress, from Missouri, at that time, known to have been vigilant in the discharge of their duties to their constituents, could have silently acquiesced in the ratification of this treaty in its present shape. From the express wording of the act of Congress designating the boundaries of the state of Missouri, that state can have no GOVERNOR HENRY DODGE 23 pretensions to claim any part of the tract of country lying east or north-east of the Des Moines river. It is altogether a subject of great interest to the citizens of our territory re- siding near the boundary line in question, and it would seem to me necessary, that commissioners on the part of the gen- eral government should be appointed to act with commis- sioners on the part of Missouri to define as early as possible the true boundary line between this territory and the state of Missouri. It would certainly be an unpleasant state of things for the constituted authorities of this territory to come into collision with those of the state of Missouri: so far, however, as it rests with me, no encroachments on the rights of our citizens will be permitted, without resistance. I recommend the early action of the Legislative Assembly on this important subject; they will have the hearty co- operation of our able and faithful delegate in Congress, who, I am confident, will use every exertion in his power to maintain the rights of our citizens. By the fourth section of the organic law of the Territory, it is made the duty of the Legislative Assembly to appor- tion the representation of the several counties to the Coun- cil and House of Representatives, according to population. As the term for which the members of the House of Repre- sentatives have been elected, will expire before the next annual meeting, the action of the Legislative Assembly will be necessary on that subject during their present session. I would respectfully call the attention of the Legislative Assembly to the propriety of passing a law for the levying and collecting a county tax for the purpose of erecting jails in each of the organized counties in this territory, (where 24 MESSAGES AND PROCLAMATIONS OF jails may be required,) for the safe-keeping of prisoners, who may be committed to the sheriffs of the several coun- ties. The due administration of the laws requires that courts of justice should have it in their power to restrain the vicious part of the community who set laws at defiance. HENRY DODGE. SPECIAL SESSION MESSAGE JUNE 11, 1838 From Journal of the Souse of Representatives, Wis. Ter. , p. 6 Fellow Citizens of the Council and House of Representatives: You are convened for the purpose of making the appor- tionment of representation for the House of Representatives of this Territory, in conformity to the organic law of Con- gress creating the territorial government of Wisconsin, and in accordance with the law passed at the last session of the Legislative Assembly for taking the census or enumeration of the inhabitants by the several sheriffs of the different counties in this Territory. The elective franchise of the people is the sacred palla- dium of our rights, the shield and helmet of our liberties, and the foundation upon which our republican institutions must exist; all should equally participate in the advantage of representation, according to numbers. As the Legislative Assembly has been convened for a special purpose, it would not be proper for me to call your attention to any subjects not connected with the object for which you have met: except in cases where the public good might require your immediate action. You have memorialized Congress, at your late session, on the most important subjects connected with the growth and prosperity of the Territory: for the extension of the right of pre-emption to our meritorious and enterprising 20 MESSAGES AND PROCLAMATIONS OF citizens, occupants of the public lands; the division of the Territory: asking appropriations of Congress for the con- struction of harbors on our Lake coast, the removal of the obstructions in the rapids of the Upper Mississippi; the adjustment of our Southern boundary line with the State of Missouri, and other important measures which are now pending before Congress, the result of which will be known before your annual session. As Congress will probably not adjourn before the fif- teenth of next month, I deem it my duty earnestly to recommend to the Legislative Assembly the justice and propriety of memorializing that body, at an early day of your session, asking the ratification, by the United States Senate, of the treaties made with the Winnebagoes, Sioux and Chippewa Indians, for the extinguishment of their title to country within the limits of this Territory. Until recently, no doubts were entertained of the ratification of the treaties in question. From the proximity of the Winnebago Indians, to our border settlements, and their frequent depredations on the stock and other property of the inhabitants of the Terri- tory, it has been with great difficulty that the citizens, who have been injured by them, could be restrained from killing them. It is a fact well known that the country owned by the Winnebago Indians, north of the Wisconsin River, would be of great value to the United States as well as to the citizens of Wisconsin, and is not suited to the state and condition of the Indians who claim it. From the intemper- ate and reckless character of the Winnebago Indians, I have no hesitation in saying that unless they are removed from GOVERNOR HENRY DODGE 27 the country north of the Wisconsin River difficulties will ensue between them and the whites that will end in war. The Winnebago Indians own a country west of the Missis- sippi that affords game in abundance, and where they could remain in peace for years. A just regard for the rights of the people of Wisconsin requires that the Winnebagoes should be removed; the safety of the lives and property of our citizens demand it. Should troubles with our Indian neighbors commence, it is difficult to tell where they will stop. Our recent Indian wars have been at the price of much blood and treasure, and have we not a right to expect that the representatives of a great and intelligent nation will prevent a state of things that would be ruinous to the growth and prosperity of this Territory? The purchase of country from the Chippewa Indians, east of the Mississippi, was made for the advantage of its extensive pine forests, bordering on the Chippewa and St. Croix rivers, and which is considered of the first importance to the people residing on the borders of the Mississippi, by affording them cheap and abundant supplies of pine lumber. Mills have already been erected in the Chippewa country, and several hundred individuals are now employed in pre- paring rafts of pine lumber; and should the treaty made with the Chippewas not be ratified, and the whites be im- mediately removed from the occupation of their country, we may expect that the Chippewa Indians will attack those whom they will consider as intruders on their rights. Should the bill, now depending before the Congress of the United States, for the establishment of two land offices west of the Mississippi river, become a law; and should the 28 MESSAGES AND PROCLAMATIONS OF public lands be offered at sale under the proclamation of the President of the United States during the present year, many of our citizens who might be entitled to purchase the public lands, (should the right of pre-emption be extended to them,) would not be prepared to pay for their homes. I respectfully and earnestly recommend to the Legislative Assembly the justice and propriety of memorializing the President of the United States on this subject, asking him to defer the sale of the public lands within this Territory, for one year. The present state of the currency, and the difficulty of procuring land-office money, would justify the indulgence proposed for the benefit of this meritorious class of our citizens, who have a right to expect that justice and the patronage of the Government will be extended to them. I recommend to you, gentlemen, dispatch in the dis- charge of your legislative duties; and you may expect my co-operation in all measures which have for their object the public good. HENRY DODGE. BURLINGTON, W. T., JUNE 11, 1838. VETO MESSAGES TO THE HOUSE OF REPRESENTATIVES DECEMBER 20, 1837 From the Journal of the House of Representatives, p. 199 TERRITORY OF WISCONSIN, EXECUTIVE DEPARTMENT, December 20, 183Y. To the Jion. the speaker of the House of Representatives: Sir, I return herewith "An act to establish the boun- daries of the counties of Lee, Van Buren, Des Moines, Henry, Louisa, Wayne, and Slaughter, to locate the seats of justice for said counties, and for other purposes," pre- sented for my approval on Saturday the 16th inst. and sub- mit the following reasons for withholding my signature from the same. By an act of the legislative assembly, of the last session, the counties of Lee, Van Buren, Des Moines, Henry, Louisa, Muscatine, and Cook were formed out of the terri- tory embraced in the original county of Des Moines; and the county seats thereof ( with the exception of Cook ) were established in said act, which expires by its own limitation at the close of the present session. The bill herewith returned, intends to supply the de- ficiency that would exist at the expiration of that law, fixes the boundaries by the course of streams and the United States' surveys; proposes no change in the location of the seats of justice of the counties of Lee, Des Moines, and 30 MESSAGES AND PROCLAMATIONS OF Henry, but removes the county seat of Van Buren from Farmington to Rochester, and the county seat of Muscatine (called Wayne in the bill) from Bloomington to Geneva. It is to these two changes of county seats that I particularly object. In a territory like ours great care and caution should be exercised in the location of the seats of justice in the first place; and where settlements are formed on the faith of our acts, changes should not, in my opinion, be made without the prospect of some substantial benefit to the people, and upon their wish unequivocally expressed to that effect. In the county of Van Buren, from the fact that Farmington (the present seat of justice) is by no means in the centre of the county, or its population, petitions have been presented from a large number of its citizens, in all of which some change is requested; and from the great in- crease of population in that county during the past season, it is necessary that some provision should be made by law for the establishment of the seat of justice of that county, at some point, to suit the wishes of a majority of its present inhabitants. There is not, however, any thing in our pos- session which could authorize us in singling out Rochester as that place; and I think in this, as in all cases of the kind where there is any doubt, it would be better and safer for the legislature not to take upon themselves the decision of so interesting a question, but to submit it to a vote of the people themselves. With regard to locating the county seat of Van Buren county, it would meet with my approbation if provision should be made for a direct vote of the people upon the question, or if the duty of locating the seat of justice should be given to some body GOVERNOR HENRY DODGE 31 to be chosen by a vote of the qualified electors of the county. In the county of Wayne, (formerly called Muscatine) the change from Bloomington to Geneva is unaccountable to me. I say this with all due deference and respect to the legislative assembly. There does not occur to me a single good reason for the proposed removal. The majority of the people of the county have not asked for it; on the con- trary, a large majority of them have remonstrated in the strongest terms against it. It is not pretended that Geneva is a more eligible point on the Mississippi than Blooming- ton. They are about three miles distant from each other, and it cannot even be urged that Geneva is nearer the centre of the county than Bloomington, especially when the three townships lying immediately west of Wayne are included within its boundaries, as I shall hereafter suggest. The change cannot, therefore, meet with my sanction or approbation; and I am as yet informed of nothing which would authorize us in interfering at this time, with the present location of the seat of justice at Bloomington. With respect to the boundaries of Wayne county, I would respectfully suggest that the western lines of the county should be extended so as to embrace townships 76, 77, and 78, north of range 4 west, the former of which by the present bill is placed in the unorganized county of Slaughter, and makes a bad offset; and the other two are not included in the limits of any county. In entering thus minutely into the details and merits of the present bill, I feel myself fully justified by the powers vested in me by the organic law of this territory, which 32 MESSAGES AND PROCLAMATIONS OF constitutes the governor a distinct branch of the legislative authority, in addition to the duties imposed on him as the executive branch of the government; and I take the occa- sion to say that at all times in considering a bill submitted to me by the legislative assembly, I will not feel myself confined to an examination of the constitutionality of its provisions, but shall reserve to myself the right of giving my judgment upon its general expediency, and of giving or Avithholding my assent as circumstances may justify. In the present instance, I wish it distinctly understood, that a bill similar in its features to that now returned, leav- ing, however, the seat of justice of Wayne county at Bloomington, and providing for some popular expression of opinion upon the proper point for the seat of justice in Van Buren county, will meet with my approbation and sig- nature. With great respect, your obedient servant, HENRY DODGE. TO THE COUNCIL JANUARY 2, 1838 From the Journal of the Council, p. 108 TERRITORY OF WISCONSIN, EXECUTIVE DEPARTMENT, BURLINGTON, January 2, 1838. To the Hon. tJie President of the Council: Sir I have this day examined and approved "An act to establish the several towns in the counties of Milwaukee, Brown, and Racine, and the counties attached, for judicial GOVERNOR HENRY DODGE 33 purposes," and "A memorial to Congress for an appropria- tion of twenty thousand dollars to complete the public buildings at the seat of Government." I return without my signature to the Council, ( where it originated, ) " A bill for laying out and establishing Territorial roads." I have no objections to urge against the provisions or details of the bill; my objection is to the phraseology of the title which reads "A bill to provide," &c, instead of "An act to provide." This alteration, I think, is required before it becomes a law. Very respectfully, your obedient servant, HENRY DODGE. TO THE HOUSE OF REPRESENTATIVES JANUARY 8, 1838 From the Journal of the House of Representatives, p. 280 TERRITORY OP WISCONSIN, EXECUTIVE DEPARTMENT, BURLINGTON, January 8, 1838. To the honourable, the speaker of the House of Representa- tives: Sir, I have this day examined and approved, "An act to divorce Mary Williams from her husband Thomas Wil- liams;" and herewith return it to the House of Representa- tives, where it originated. I have also returned, without my signature, ' ' An act to incorporate the Dubuque Seminary," with my objection to the phraseology of the proviso attached to the fourth sec- tion of the bill, viz : " Provided they shall not contravene the constitution of the United States or of this territory." 34 MESSAGES AND PROCLAMATIONS OF The insertion of the words, "the laws," between the words "or" and "of," in this paragraph, seem to be necessary in order to render the sentence complete. To the pro- visions of the bill I have no objection. HENRY DODGE. TO THE HOUSE OF REPRESENTATIVES JANUARY 9, 1838 From the Journal of the House of Representatives, p. 295 TERRITORY OF WISCONSIN, EXECUTIVE DEPARTMENT, BURLINGTON, Jan. 9, 1838. To the Hon. the Speaker of the House of Representatives: Sir, I have this day examined and approved ' ' An act to incorporate the Wisconsin Insurance Company, at Green Bay," and return the same, herewith, to the House of Rep- resentatives. I have had under examination, ' ' An act relating to the militia and public defence of the territory of Wisconsin," and return the same with my objections thereto. In the 5th section of the 3d title, the certificate of a surgeon or surgeon's mate is made the evidence of an inability to bear arms, by the person claiming to be exempt by reason thereof; "but," reads the section, "such evidence shall not be conclusive;" nor is there any explanation of this inconsistency to be found elsewhere in the bill. Again, in the 9th and 10th sections of title 4, there is another incon- sistency, viz: In the 9th section, the number of men required to compose a company of artillery, riflemen, &c. , at each annual inspection, is forty; and, in the succeeding GOVERNOR HENRY DODGE 35 section, thirty, only, is required. These are my principal objections to the bill: there are, however, minor ones, which I would direct your attention to, viz: in the 2d section of title 2, the word "clerk," is used in the stead of "secretary;" in the 30th section of title 4, "stand" is used for "standard;" and in title 7, article 1, section 2, the word "chapter" is used for "act." The various mis- spellings and clerical errors to be found throughout the bill, I do not deem it necessary to call your attention to. HENRY DODGE. TO THE HOUSE OF REPRESENTATIVES JANUARY 20, 1838 From the Journal of the House of Representatives, p. 370 TERRITORY OF WISCONSIN, EXECUTIVE DEPARTMENT, January 20, 1838. To the Honourable, the Speaker of the House of Rep's. Sir, I return the act entitled "An act to amend an act entitled ' An act to establish the judicial districts of the ter- ritory of Wisconsin, and for other purposes, and to regulate the time of holding courts in the several counties of this territory,' " without my signature, because I am fearful that in changing the time of holding the courts no provision is made to prevent the abatement of suits, writs, and process which may have issued returnable on the days now estab- lished by law, and recommend, as a measure of safety, that a provision of the kind should be inserted. Very respectfully, Your ob't servant, HENRY DODGE. SPECIAL MESSAGES TO THE HOUSE OF REPRESENTATIVES NOVEMBER 12, 1836 From the Journal of the House of Representatives, p. 49 EXECUTIVE DEPARTMENT, November 12th, 1836. Sir: I have this day approved and signed "an act to authorise the legislative assembly to punish for contempt, and to privilege members from arrest;" and herewith return the same to the House of Representatives in which it origi- nated. H. DODGE. To the Honorable the Speaker of the H. of Representatives. TO THE HOUSE OF REPRESENTATIVES DECEMBER 7, 1836 From the Journal of the House of Representatives, p. 144 EXECUTIVE DEPARTMENT, December 7th, 1836. To the Hon. the Speaker of the H. of Representatives: Sir: I have this day approved and signed 4 ' An act dividing the county of Des Moines into several new counties;" * ' An act to locate and establish a territorial road on the west side of the Mississippi;" and GOVERNOR HENRY DODGE 37 ' l An act to incorporate the Belmont and Du Buque Rail Road Company;" And herewith transmit the same to the House of Repre- sentatives, in which they originated. H. DODGE. TO THE HOUSE OF REPRESENTATIVES DECEMBER 8, 1836 From the Journal of the House of Representatives, p. 147 EXECUTIVE DEPARTMENT, December 8th, 1836 To the Honorable, the Speaker of the H. of the Representa- tives: Sir: I have approved and signed the following acts, and herewith transmit them to the House of Representatives, in which they originated, viz: ' l An act concerning the Supreme and District Courts, and defining their jurisdiction and powers;" 1 ' An act to incorporate the Wisconsin Mineral and Transportation Company;" and 4 ' An act to locate and establish a territorial road from Lake Michigan to Rock River." H. DODGE. TO THE COUNCIL DECEMBER 8, 1836 From the Journal of the Council, p. 94 EXECUTIVE DEPARTMENT, December 8th, 1836 To the Honorable, the President of Council: Sir, I have approved and signed " An act to establish Q A Q 1 <*/ JL -J MESSAGES AND PROCLAMATIONS OF representatives, t^ua! to the number to which each county may be entitled, shall be duly elected, and a certificate to that effect shall be given by the sheriffs of the several counties to the members elect; and in case of there being a tie between two or more persons, such fact shall be stated by said sheriffs. And, I do further order and direct that the members elected from the several counties for representatives and council shall convene at Belmont, in the county of Iowa, on the 25 th day of October, next ensuing, for the purpose of organizing the first session of the legislative assembly of said territory. And I do also direct and appoint that at the same time and place, above specified, for electing the members of said legislature, there shall be elected by the voters of the sev- eral counties, one delegate to the congress of the United States, for the term of two years, agreeable to the four- teenth section of the act of congress, and that the election for said delegate shall be conducted, and the returns made in the same manner, as near as may be, as is prescribed for the election of said members of the legislature. In testimony whereof, I have hereunto set my hand and affixed my seal, this ninth day of September, A. D., 1836. H. DODGE. GOVERNOR HENRY DODGE 53 THE ELECTION OF MEMBERS OF THE COUNCIL OCTOBER 25, 1836 From the Laics of Wisconsin Territory, 1836, p. 14 To all whom tliese presents sliall coine, greeting: Know ye, That I, HENEY DODGE, Governor of the Ter- ritory of Wisconsin, by virtue of the power in me vested by the act of congress, passed on the 10th of April, 1836, for the organization of the said territory, having caused elec- tions to be held in the several counties of this territory on the 10th inst. for members to the council and house of rep- resentatives, as well as a delegate to the congress of the United States, as provided for by said act, do hereby declare and make known that the following named gentle- men are duly elected members of the said council from the several counties herein mentioned, viz: From the county of Brown, Henry S. Baird and John P. Arndt. From the county of Milwaukee, Gilbert Knapp and Alanson Sweet. From the county of Iowa, Ebenezer Brigham, John B. Terry and James R. Vineyard. From the County of Dubuque, John Foley, Thomas M'Craney and Thomas McKnight. From the County of Des Moines, Jeremiah Smith, Jr., Joseph B. Teas and Arthur B. Inghram. Given under my hand and seal, at Belmont, this 25th October, 1836. H. DODGE. 54 MESSAGES AND PROCLAMATIONS OF ON THE ELECTION OF REPRESENTATIVES OCTOBER 25, 1836 From t/ie Lairs of Wisconsin Territory, 1836, p. 15 To all whom these presents shall come, greeting: Know ye, That I, HP:NRY DODGE, Governor of the Territory of Wisconsin, by virtue of the power in me vested by the act of congress, passed on the 10th April, 183(5, for the organization of the said territory, having caused elections to be held in the several counties of this territory on the 10th hist., for members of the council and house of representatives, as well as a delegate to the con- gress of the United States, as provided for by said act, do hereby declare and make known, that the following named gentlemen were duly elected members of the said house of representatives, from the several counties herein mentioned, viz: From the county of Brown, Ebenezer Childs, Albert G. Ellis and Alexander J. Irwin. From the county of Milwaukee, William B. Sheldon, Madison W. Cornwall and Charles Durkee. From the county of Iowa, William Boyles, G. F. Smith, D. M. Parkinson, Thos. M'Knight, T. Shanley and J. P. Cox. From the county of Crawford, James H. Lockwood and James B. Dallam. From the county of Dubuque, Loing Wheeler, Hardin Nowlin, Hosea T. Camp, P. H. Engle and Patrick Quig- ley. From the county of Des Moines, Isaac Leffler, Thomas GOVERNOR HENRY DODGE 55 Blair, Warren L. Jenkins. John Box, George W. Teas, Eli Reynolds and David R. Chance. Given under my hand and seal at Belmont this 25th of October, 1836. H. DODGE. ON THE ELECTION OF DELEGATE TO CONGRESS NOVEMBER 1, 1836 From the Belmont Gazette, Vol. I, No. 3, Nov. 9, 1836 To all whom these presents shall come Greeting: Know ye, that I, HENRY DODGE, Governor of the Terri- tory of Wisconsin, in conformity with the organic law of Congress establishing this Territorial Government, approved the 20th day of April, 1836, have caused elections to be held in the several counties of this Territory for a Delegate to the House of Representatives of the United States, to serve for the term of two years, and, I do hereby declare and make known that GEORGE W. JONES, Esquire, has been duly elected a Delegate as aforesaid, agreeably to the 14th section of said organic law. Given under my hand and seal at Belmont, this first of November, 1836. H. DODGE. OFFERING A REWARD DECEMBER 27, 1836 From the Belmont Gazette, Vol. I, No. 9, Dec. 28, 1836 FOUR HUNDRED DOLLARS REWARD WHEREAS, It has been represented to me, that one HENRY O. HAMMILL, charged with the crime of murder, in 56 MESSAGES AND PROCLAMATIONS OF the county of Des Moines, in this Territory, is now a fugi- tive from justice said Ilammill, is about 22 years of age, five feet ten inches high, and of a sandy complexion; and that NICHOLAS HAKMAN, charged with the crime of murder, in the same county, is also a fugitive from justice said Harman is about 50 years of age, about 5 feet 10 inches high, and of a dark complexion; now, therefore, I, Henry Dodge, Governor of the Territory of Wisconsin, by virtue of the power in me vested, by the Congress of the United States, and the laws of this Territory, do hereby make known, that the above reward of four hundred dollars, will be given for the apprehension and delivery to the Sheriff of Des Moines county, of the said Hammill and Harman, or two hundred dollars for either, in order that they may be brought to trial for the crime with which they stand charged. In testimony Whereof, I have hereunto signed (L. S.) my hand, and caused the Seal of the Territory to be affixed. Done at Belmont, the 27th day of December. H. DODGE. By the Governor. JOHN S. HORNER, Secretary of the Territory of Wisconsin. The Missouri Argus and Illinois State Register are re- quested to insert the above 4 times, and forward their accounts to the Secretary of the Territory. Dec. 28. GOVERNOR HENRY DODGE 57 ESTABLISHING A SEAT OF JUSTICE FEBRUARY 1, 1837 From the Belmont Gazette, Vol. I, No. 17, Feb. 22, 1837 WHEREAS, by an act of the Legislative Assembly, en- titled "An act to change the seat of justice of Brown county, " approved December 9th, 1836, authority is given to the qualified voters of said county to hold an election for the purpose of selecting one of the places named in the first section of the act, viz: Astor Navavino or Depere, as the future seat of justice for said county; the election to be con- ducted and the returns thereof made and certified in manner therein prescribed; the Governor of the Territory is there- upon to "issue his proclamation, declaring the result, and the place fixed by the vote of the people of Brown county, as the seat of justice thereof." And whereas, in compliance with the provisions of said act, the qualified voters of said county did, on the third Monday in January, 1837, proceed to hold an election for the purpose aforesaid; the returns whereof having been duly certified to me by the clerk of the district court of said county, it doth appear that the town of Depere has received a large majority of the votes of said county. Now therefore, by virtue of the authority vested in me by said act, and in conformity with the returns of said elec- tion, made and certified according to law, I do hereby issue this proclamation, establishing the seat of justice of the said county of Brown at Depere, from and after the first day of April next. In testimony whereof, I have hereunto set my 58 MESSAGES AND PROCLAMATIONS OF ( L. S.) band and caused the great seal of the Territory to be affixed. Done at Belmont the first day of February, in the year of our Lord 1837, and of the Independence the sixty first. H. DODGE. By the Governor, Jonx S. HORNER, Secretary of the Territory. OFFERING A REWARD APRIL 1, 1837 From the Belmont Gazette, Vol. I, No. 24, April 12, 1887 WHEREAS, it has been represented to me that LINDEN B. McOMBER, charged with the crime of murder, in the county of Iowa, in the Territory of Wisconsin, made his escape from the jail of Crawford county, on the morning of the 20th ult, and is now a fugitive from justice. Said McOm- ber is about 25 or 26 years of age, 5 feet 8 or 9 inches in height, heavy built, sandy complexion, dark reddish beard, blue eyes, and hair inclined to curl. It is said that his back is much scarified, and that one of his hips is branded with the letter D. Now therefore, I, HENRY DODGE, Governor of the said Territory, by virtue of the power in me vested by the Con- gress of the United States and the laws of said Territory, do hereby make known, that the above named reward of two hundred dollars will be given for the apprehension and delivery of the said McOmber to the Sheriff of Iowa county, GOVERNOR HENRY DODGE 59 in order that he may be brought to trial for the crime with which he stands charged. In testimony whereof, I have hereunto set my ( L. S.) hand and caused the great seal of the territory to be affixed. Done at Belmont, this first day of April, in the year of our Lord, one thousand eight hundred and thirty seven, and of the Independence of the United States the sixty first. By the Governor, H. DODGE. JOHN S. HORNER, Secretary of Wisconsin Territory. ON ELECTION TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES MAY 31, 1837 From the Iowa News, Vol. I, No. 2, June 10, 1837 WHEREAS, it is provided, in the 4th section of an act of the Legislative Council of Michigan, entitled "An Act to district the Territory of Michigan, and to provide for the election of members of the Legislative Council, " confirmed by an act of the Legislative Assembly of the Territory of Wisconsin, entitled ' 'An Act to amend and adopt the several laws of this Territory for the several judiciary tribunals, for the purpose of giving said laws full force and effect according to the provisions thereof," approved December 8th, 1836, that in case of any vacancy of any member of the Legislative Council of said Territory, by death or other cause, it shall be the duty of the Governor to order, by Proclamation, another election in that district, where such 00 MESSAGES AND PROCLAMATIONS OF vacancy shall happen; and whereas, a vacancy has occurred in the delegation to the House of Representatives of this Territory from the county of Du Buque, by the death of Ilosea T. Cam]), late a member thereof, from said county. Now therefore, by virtue of the authority vested in me by the President of the United States, and the laws of this Territory, I do hereby issue this Proclamation, ordering an election to be on MONDAY the 10th DAY OF JULY next, at the several places within the said county designated for holding elections, for the purpose of choosing a Repre- sentative to the next Legislative Assembly, to supply the vacancy occasioned by the death of Hosea T. Camp the said election in all things to be conducted, and the result certified and declared, in the same manner, as near as may be agreeably to the provisions of an act of the Legislative Council of Michigan, entitled "An Act to regulate the election of a Delegate to the Congress of the United States," confirmed by an act of the Legislative Assembly of the Territory of Wisconsin, approved December 8th, 1836. In testimony whereof, I have hereunto set my (L. S.) hand and caused the great seal of the Territory to be affixed. Done at Mineral Point, this thirty-first day May, in the year of our Lord one thousand eight hundred and thirty-seven, and of the Independence of the United States the sixty-first. HENRY DODGE. By the Governor; W. B. SLAUGHTER, Sec. W. T. GOVERNOR HENRY DODGE 61 ON ELECTION TO FILL A VACANCY IN THE COUNCIL JUNE 27, 1837 From Original MS. in the Governor's Office at Madison, Wisconsin On this day His Excellency, Governor Dodge, issued the following Proclamation : WHEREAS, it is provided in the 4th section of an act of the Legislative Council of Michigan entitled "An act to district the Territory of Michigan, and to provide for the election of members of the Legislative Council." confirmed by an act of the Legislative Assembly of the Territory of Wisconsin entitled ' 'An act to amend and adopt the several laws of this Territory for the several judiciary tribunals, for the purpose of giving said laws full force and effect, according to the provisions thereof." approved December 8th, 1836, that in case of any vacancy of any member of the Legislative Council of said Territory by death or other cause, it shall be the duty of the Governor to order by proclamation another election in the district where such vacancy shall happen; and whereas a vacancy has occurred in the Delegation to the Council of this Territory from the district composed of the original county of Brown by the Resignation of Henry S. Baird, late a member thereof from said district. Now therefore, by virtue of the authority vested in me by the President of the United States, and the laws of this Territory, I do hereby issue this proclamation, ordering an election to be held on Saturday, the second day September next, at the several places, within the said district, desig- 62 MESSAGES AND PROCLAMATIONS OF mited for holding elections, for the purpose of choosing a member of Council to the next Legislative Assembly to supply the vacancy occasioned by the resignation of the said Henry S. Baird, the said election in all things to be conducted, and the result certified and declared in the same manner as near as may be agreeably to the provisions of an act of the Legislative Council of Michigan, entitled "An act to regulate the election of a delegate to the Congress of the United States. " confirmed by an act of the Legislative Assembly of the Territory of Wisconsin as aforesaid. In testimony whereof, I have hereunto set my (L. S.) hand, and caused the great seal of the Territory to be affixed. Done at Mineral Point this twenty seventh day of June in the year of our Lord one thousand eight hundred and thirty seven, and of the Independence of the United States the sixty first. HENKY DODGE. By the Governor VV. B. SLAUGHTER Secy. "Wis. Territory. ON" ELECTION TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES JULY 4, 1837 From Original MS. in the Governor's Office at Madison, Wisconsin On this day His Excellency, Governor Dodge, issued the following Proclamation : GOVERNOR HENRY DODGE 63 WHEKEAS, it is provided in the 4th section of an act of the Legislative Council of Michigan, entitled "An act to district the Territory of Michigan, and to provide for the election of members of the Legislative Assembly." con- firmed by an act of the Legislative Assembly of the Terri- tory of Wisconsin, entitled "An act to amend and adopt the several laws of this Territory for the several judiciary tribunals for the purpose of giving said laws full effect, according to the provisions thereof," approved December 8th, 1836, that in case of any vacancy of any member of the Legislative Council of said Territory by death or other cause, it shall be the duty of the Governor to order by proclamation, another election in that district, where such vacancy shall happen; and whereas, a vacancy has occurred in the Delegation to the House of Representatives of this Territory from the county of Brown, by the resignation of Albert Gr. Ellis, late a member thereof from said county. Now therefore, by virtue of the authority vested in me by the President of the United States, and the laws of this Territory, I do hereby issue this proclamation, ordering an election to be held on Saturday, the second day of Septem- ber next, at the several places within the said county of Brown designated for holding elections, for the purpose of choosing a Representative to the next Legislative Assembly, to supply the vacancy occasioned by the resignation of said Albert Gr. Ellis, the said election in all things to be con- ducted, and the result certified and declared, in the same manner, as near as may be agreeably to the provisions of an act of the Legislative Council of Michigan, entitled ' ' An act to regulate the election of a Delegate to the Congress of c,4 MESSAGES AND PROCLAMATIONS OF the United States." confirmed by an act of the Legislative Assembly of the Territory of AVisconsin as aforesaid. In testimony whereof, I have hereunto set my ( L. S.) hand and caused the great seal of the Territory to })e affixed. Done at Mineral Point, this fourth day of July in the year of our Lord one thousand eight hundred and thirty seven, and of the Independence of the United States the sixty first. HENRY DODGE. By the Governor AA r . B. SLAUGHTER Secy. AVis. Territory. ON ELECTION TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES AUGUST 12, 1837 From Original MS. in the Governor's Office at Madison, Wisconsin On this day His Excellency, Gov. Dodge, issued the following Proclamation : WHEREAS, it is provided in the 4th section of an act of the Legislative Council of Michigan, entitled "An act to district the Territory of Michigan and to provide for the election of members of the Legislative Council." confirmed by an act of the Legislative Assembly of the Territory of AVisconsin, entitled ' ' An act to amend, and adopt the sev- eral laws of this Territory for the several judiciary tribunals, for the purpose of giving said laws full force and effect GOVERNOR HENRY DODGE 65 according to the provisions thereof." approved December 8th, 1836, that in case of any vacancy of any member of the Legislative Council of said Territory, by death or other cause, it shall be the duty of the Governor, to order, by proclamation another election in that district where such vacancy shall happen ; and whereas, vacancies have occurred in the Delegation to the House of Representatives of this Territory, from the county of Crawford, by the resignation of James H. Lockwood and James B. Dallam, late mem- bers thereof from said county. Now therefore, by virtue of the authority vested in me by the President of the United States, and the laws of this Territory, I do hereby issue this proclamation, ordering an election to be held on Friday, the twenty ninth day of September next, at the several places within the said county of Crawford, designated for holding elections, for the pur- pose of choosing Representatives to the next Legislative Assembly to supply the vacancy occasioned by the resigna- tions of the said James H. Lockwood and James B. Dallam, the said election in all things to be conducted, and the result certified, and declared, in the same manner, as near as may be agreeably to the provisions of an act of the Legislative Council of Michigan entitled "An act to regu- late the election of a Delegate to the Congress of the United States." confirmed by an act of the Legislative Assembly of the Territory of Wisconsin as aforesaid. In testimony whereof, I have hereunto set my (L. S.) hand and caused the great seal of the Territory to be affixed. Done at Mineral Point, this 12th day of August in the 00 MESSAGES AND PROCLAMATIONS OF year of our Lord one thousand, eight hundred and thirty seven, and of the Independence of the United States the sixty second. HENRY DODGE. By the Governor W. B. SLAUGHTER Secy. Wis. Territory. REVOKING A COMMISSION DECEMBER 25, 1837 Prom Original MS. in the Governor's Office at Madison, Wisconsin His Excellency, Governor Dodge, this day issued the fol- lowing Proclamation: To all lulwm these pi*esents shall come, greeting: Whereas Daniel Wells Junior was on the 5th day of December, 1836, duly appointed and commissioned a jus- tice of the peace, for the county of Milwaukee for the term of three years from the date aforesaid and whereas it has been represented to me that the said Daniel Wells Junior does not and will not attend to the duties of his said com- mission. Now therefore, by the authority vested in me and the laws thereof and in consideration of the aforesaid premises, I do hereby revoke and determine the commission of the said Daniel Wells from and after the date of these presents. In testimony whereof I have hereunto set my (SEAL) hand and caused the great seal of the Territory to be affixed. GOVERNOR HENRY DODGE 67 Done in the year of our Lord one thousand eight hundred and thirty seven and of the Independence of the United States the sixty second. HENRY DODGE. OFFERING A REWARD FEBRUARY 16, 1838 From Original MS. in the Governor's Office at Madison, Wisconsin Whereas, it has been represented to me that a certain Lindsey Evans principal & Jacob Derrick thirty eight. HENEY DODGE. By the Governor WM. B. SLAUGHTER. Secty. Wis. Territory. GOVERNOR ROBERT LUCAS BIOGRAPHICAL SKETCH Robert Lucas, the first Governor of the Territory of Iowa, was born at Shepherdstown in the valley of Jeffer- son, Jefferson County, Virginia, on April 1, 1781. His father, who served in the war of the Revolution with the rank of Captain, is said to have been a descendant of William Penn, of Pennsylvania. His mother was of Scotch descent. Robert was the ninth of a family of twelve chil- dren, six of whom were sons. About the time Robert Lucas attained his majority the Lucas family removed to Portsmouth, Scioto County, Ohio, then a part of the Northwest Territory. Before going to the Ohio frontier, however, the father freed his slaves. In 1816 Robert Lucas became a resident of Piketon, Pike County, Ohio. Here he continued to live until his removal to the Territory of Iowa in 1838. He was first married in 1810 to Elizabeth Brown, who died in 1812. In 1816 he married Friendly A. Sumner. One of his sons, Edward W. Lucas, was Lieutenant-Colonel of the Fourteenth Iowa Volunteers in the war of the Rebellion. Robert Lucas spent the greater part of his life in the public service. In 1803 he held the office of First Lieu- tenant in the Ohio Militia. In 1804 he was Lieutenant in the Militia of Scioto County, Ohio. After promotion through the several subordinate ranks he was finally appointed Major -General of the Ohio Militia in 1818. He was at one time commissioned as Captain in the regular 74 ROBERT LUCAS army of the United States. And he served in the war of 1812. Subsequently he was appointed to the position of Lieutenant- Colonel and then of Colonel in the United States Army. As to civil positions it appears that Robert Lucas was first appointed to the office of County Surveyor by the Governor of Ohio in 1803. In 1805 he was commissioned Justice of the Peace for Union Township, Scioto County, Ohio. For nineteen years years he served in the legislature of Ohio. The records show that he served as chairman in both branches of the Ohio legislature. In 1820 and again 1828 he served as presidential elector from Ohio. In 1832 he was elected Governor of Ohio. Two years later he was reelected to the same high office. In 1838 he was appointed Governor of the Territory of Iowa by President Van Buren. Finally, in 1844 he served as a member of the first Constitutional Convention of Iowa. It is worthy of mention that Robert Lucas acted as chairman of the first National Convention of the Democratic party which was held at Baltimore, Maryland. At this Convention Andrew Jackson was nominated as the Democratic candidate for the office of President of the United States. After retiring from the office of Governor of Iowa in 1841 Robert Lucas took up his residence on a farm which he had purchased near Iowa City, Iowa. He died at Iowa City on February 7, 1853, at the age of seventy-two years. BIBLIOGRAPHICAL NOTE. Annals of Iowa, Vol. VIII, pp. 47, 44, 155, 283. Annals of Iowa, 3rd Series, Vol. II, pp. 221, 409, 473. Iowa Historical Itecord, Vol. VIII, pp. 276-277. FIRST ANNUAL MESSAGE NOVEMBEB 12, 1838 From the Journal of the Council, p. 4 Gentlemen of tlie Council and House of Representatives, of the Legislative Assembly: Through the intervention of Divine Providence, we have been permitted to convene at this time, for the purpose of organizing the first Legislative Assembly, under the pro- visions of an act of Congress, passed the 12th day of June, A. D. 1838, entitled "An act to divide the Territory of Wisconsin, and to establish the Territorial Government of Iowa." This act must be viewed by us, as the constitutional char- ter of the Territory; it prescribes our powers, defines our duties, directs our actions, and points out our rights and privileges. It declares that the Legislative power shall be vested in the Governor and Legislative Assembly, and shall extend to all rightful subjects of legislation. This declara- tion brings within the power of the Legislature all subjects that relate to the organization of the local government of the Territory, (that does not contravene the act of Congress, or the Constitution of the United States;) all subjects that re- late to the protection and preservation of the lives, liberties, property, and the reputation of the people of the Territory; the punishment of crimes, misdemeanors, and immoral prac- tices, and such other subjects as tend to the advancement of 76 MESSAGES AND PROCLAMATIONS OF the public good, the general improvement of the country, and the promotion of the peace, happiness, and prosperity of the people. This important trust has been reposed in us by our coun- try, and we have taken the most solemn obligations faith- fully and impartially to perform the same. When we con- sider that the eyes of the people of the United States are upon us that they have an interest in this Territory and feel an anxious solicitude for its prosperity, (which must either be advanced or retarded by our acts,) and view the immense importance of laying a good foundation of juris- prudence, and preparing a system of laws wisely adapted to our situation and interest, and reflect that the convenience, prosperity, and happiness of the people are intimately con- nected with the local organization of the Territory, in all its various ramifications, we are impressed with a sense of the weight of responsibility imposed upon us, and are led to ask aid from that Providence who has hitherto sustained us; whom we view as the Governor of the Universe, the Author of all good, and the Fountain of every blessing, and sin- cerely implore his protecting care over us, and pray that he may inspire us, as well as all who may succeed us in au- thority, with wisdom to perceive, judgment to determine, and energy to execute such measures as will advance to the greatest degree of prosperity, the physical, political, intel- lectual, and moral condition of this pleasant land and inter- esting Territory. Gentlemen, having called you together at this time for the purpose of aiding by your deliberations, in perfecting the local organization of the Government of this Territory, GOVERNOR ROBERT LUCAS 77 it becomes my duty to present to your consideration such subjects as are deemed most essential to the accomplishment of that object, and to recommend such a course of proceed- ings as are deemed most advisable under existing circum- stances. The laws of Wisconsin are declared to be in force in this Territory, so far as they are not incompatible with the or- ganic law. But when we consider their incompatibility in many respects with that law, and the confusion into which they are thrown by being blended with the laws of Michigan, which are incompatible and conflicting in many points, we are satisfied that our Territory can derive no benefit from them, and that our most advisable course of action will be, to proceed to organize the local Government of the Terri- tory in conformity to the organic law, and to adapt all our laws to suit the situation and interests of the Territory, with- out reference to the laws of either Wisconsin or Michigan. Under this impression, I will call your attention in an especial manner to various subjects, deemed indispensable to the local organization of the Government under the organic law. The subject of providing by law for the organization of townships, the election of township officers, and defining their powers and duties, I consider to be of the first impor- tance and almost indispensable in the local organization of the Government. Without proper township regulations it will be extremely difficult, if not impracticable, to establish a regular school system. In most of the States where a common school system has been established by law, the trustees of townships are important agents in executing the 78 MESSAGES AND PROCLAMATIONS OF provisions of the laws. To them are entrusted the care and superintendence of the school lands of their respective townships, the division of townships into school districts, and various other duties relating to building school houses, the organization of school districts, and the support of schools in their respective townships. The 12th section of the act of Congress, establishing our Territory, declares "That the citizens of Iowa shall enjoy all the rights, privileges, and immunities heretofore granted and secured to the Territory of Wisconsin and its inhabitants." This extends to us all the rights, privileges, and immunities specified in the ordinance of Congress of the 13th of July, 1787. The third article of this ordinance declares, "That religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged." Congress, to carry out this declaration, have granted one section of land in each township to the inhabitants of such township for the purpose of schools therein. There is no subject to which I wish to call your attention more emphatically, than the subject of establishing, at the commencement of our political existence, a well digested system of common schools; and as a preparatory step towards effecting that important object, as well as the con- sideration of numerous other advantages that must flow from the measure, I urge upon your consideration the neces- sity of providing by law for the organization of townships. The seventh section of the act of Congress organizing our Territory declares, that all county officers, except judi- GOVERNOR ROBERT LUCAS Y9 cial officers, justices of the peace, sheriffs and clerks of courts, shall be elected by the people; and in the 16th section it is declared, that all justices of the peace, con- stables, sheriffs, and all other executive and judicial officers who were in office on the 3d of July last, should be author- ized and required to continue to exercise and perform the duties of their respective offices as officers of the Territory of Iowa, temporarily, and until they or others should be duly appointed to fill their places in the Territorial govern- ment of Iowa; with a proviso, that no officer should hold or continue in office by virtue of that provision over twelve months from the said 3d day of July. By the foregoing provision in the 7th section it will be perceived that all officers that partake of the character of county officers, except judicial officers, justices of the peace, sheriffs and clerks of courts, are to be elected by the people. The proviso in the 16th section declares, that officers shall hold their office temporarily; and after enu- merating justices of the peace, constables and sheriffs, uses the general term, all other executive and judicial officers. From an examination of the sections above stated, it will be perceived that there are doubts as to the rights of certain officers to act under former appointments after the 3d of July. To remove these doubts and to secure the election of other officers by the people, that have heretofore been appointed by the Executive and Council, I would recom- mend a revision of all laws that relate to the organization of counties, and the appointment of county officers, so as to comply strictly with the organic law of Congress. I would also recommend a revision of all laws that relate 80 MESSAGES AND PROCLAMATIONS OF to the powers and duties of executors, administrators, and guardians, as well as the laws relating to the levying and collecting of county and Territorial taxes. The ninth section of the organic law declares, that "the judicial power of the Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace; and that the jurisdiction of these several courts, both appellate and original, and those of the probate courts and of the justices of the peace, shall be as limited by law," with a prohibitory provision excluding from the jurisdiction of justices of the peace controversies where the title or boundary of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. This is the most important subject that will be presented to your consideration, and will require much deliberation in arranging the different courts, and in assigning to each their appropriate powers and duties. Justices' courts are the first in order, and in them the people are more generally interested than the higher courts. Justices of the peace by virtue of their office are conservators of the peace, arbiters in matters of controversy to the amount of fifty dollars, and are the collecting officers of debts to this amount; they are the legitimate guardians of the public peace and the rights of individuals. It will therefore become an important duty (and one that will require much deliberation in its perform- ance) to arrange the details of an act defining specifically the powers, and regulating the duties of justices of the peace and constables, in civil as well as criminal cases. The importance of this subject will demand your early attention and deliberate consideration. The duties of pro- GOVERNOR ROBERT LUCAS 81 "bate courts, though less complicated, are of great interest to the community, and will also require much care and attention in arranging the provisions of an act, prescribing the powers and defining the duties of these courts. A revi- sion of former laws on this subject is deemed indispensable in arranging systematically the judicial organization of the Territory. The subject of organizing the judicial courts of the Terri- tory, prescribing their powers, defining their duties and regulating their practice, is one of the greatest magnitude. It embraces an entire system of jurisprudence, and in its various ramifications extends its influence to every depart- ment of government and class of community. In laying the foundation of a system of jurisprudence in the Territory, would it not be advisable to unite our exer- tions in simplifying not only our laws, but the rules of practice and proceedings in the various courts of justice within the Territory, and to exclude therefrom as much as practicable, every thing of a fictitious or ambiguous char- acter? In my opinion the proceedings in our courts of jus- tice should be concise, void of technical fiction, and always directed to the merits of the cause in controversy. The establishment of such a rule of practice at the commence- ment of our Territorrial government, I am satisfied, would be attended with the most beneficial effects. I therefore earnestly submit these suggestions to the consideration of the Legislative Assembly. In arranging our judicial system, it will become necessary to revise the laws regulating the duties and defining the powers of sheriffs, constables, and other ministerial officers; 82 MESSAGES AND PROCLAMATIONS OF also, the laws regulating judgments and executions; but in the consideration of these laws, I trust that the odious prin- ciple of imprisonment for debt, either on mesne or final process, (except in cases of evident intended fraud) will not be permitted to enter into your deliberations, and that that relic of the barbarous ages that has been permitted to remain as a blot on the laws of some of the States, will never be permitted to soil the pages of the statutes of Iowa. I would also recommend to your consideration the pro- priety of adopting a general road system, defining the man- ner of laying out and establishing Territorial and county roads, and to provide for opening and keeping them in repair; and also, the revision of the laws regulating elec- tions, so as to conform in all respects to the acts of Con- gress organizing the Territory. The compilation of a criminal code, so as to graduate properly the various crimes and offences, and to apply suit- able punishment to each, in proportion to their enormity, is a subject of deep interest to the community. It is one which of late has occupied the attention of some of the greatest statesmen and philanthropists of the age; and the general conclusion has been, that sanguinary punishments do not tend to lessen crime, and that the general policy of all criminal laws should be to prevent crimes, rather than to inflict punishment, and that all punishments should be inflicted with a view to reform, rather than exterminate the criminal. In these conclusions I heartily concur, and would wish to see confinement at hard labor, for life, sub- stituted in all cases, in lieu of capital punishment, when suitable prisons for the purpose can be had; but in our GOVERNOR ROBERT LUCAS 83 present situation we will necessarily be compelled to adopt more sanguinary punishments than would be advisable had we a suitable penitentiary in the Territory. But, being sensible of the deleterious effects of public executions, I would recommend to your consideration the propriety of providing by law, for executing capital punishment (should such punishment be necessary) privately, in the county prison, in the presence of the sheriff, and such other per- sons as the court passing sentence might direct. In preparing a system of criminal jurisprudence, the whole catalogue of vices, from the highest crime to petty misde- meanors, pass in review, that appropriate punishment may be attached to each offense, in proportion to its injurious effects upon society; and we frequently see the most disas- trous consequences proceed from practices, that in some places are considered as only fashionable vices namely: gambling and intemperance. These two vices may be considered the fountains from which almost every other crime proceeds, as the statistical reports of many of the penitentiaries conclusively show. They have produced more murders, robberies, and individ- ual distress, than all other crimes put together: this is evi- dent, when we consider the many thousands that annually destroy themselves, and bring their families to beggary and wretchedness, by pursuing these vices: for surely there can be no murder of a deeper moral dye than self murder; and no robbery of a more heinous character, than the robbery of our own families. Could you in your wisdom devise ways and means to check the progress of gambling and intemper- ance in this Territory, you will perform an act that would 84 MESSAGES AND PROCLAMATIONS OF immortalize your names and entitle you to the gratitude of posterity. The recent transaction in this city, that deprived the Leg- islative Assembly of one of its members elect, as well as all other transactions 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 con- cealed about the person, dirks, pistols, and other deadly weapons, should not only be considered disreputable, but criminal, and punished accordingly. There certainly cannot 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. It has been frequently said, "that to be prepared for war, is the most effectual way to secure peace." This declaration may be emphatically applied to our present situation. The numerous hordes of warlike Indians occupying our northern and western boundaries, and the restless disposition manifested by some of them, should admonish us to be pre- pared to defend the Territory against attacks from any quar- ter, under any circumstances and on all emergencies. Should the Indians be disposed to hostilities, our frontier from St. Peters to Missouri, would be exposed, and from the position of the United States' troops, we need expect but little or no assistance from them; thus situated, it be- comes our duty to prepare to defend ourselves against any possible attack from our Indian neighbors. This preparation can only be effected by efficiently organ- izing and disciplining the Militia of the Territory. I am fully satisfied that were the Militia of the Territory properly GOVERNOR ROBERT LUCAS 85 organized, equipped and disciplined, that we could defend ourselves against any Indian force that could be brought against us. I therefore call the attention of the Legislative Assembly in an especial manner to this subject, and request that they may pass a law giving to the Militia of the Terri- tory a perfect organization, so as to render them a prompt and efficient defence. In arranging the details of a Militia law, it should be explicit 1st, in its organization; 2d, in the distribution of powers and duties to the officers and privates 3d, the fines and penalties imposed, and the punishments to be inflicted for neglect of duty; vesting in the different grades of officers certain discretionary powers, and holding them strictly accountable for an abuse of them. I would recommend that the Territory at first, be divided into three divisions, six brigades, and twelve regiments and that you provide by law, for raising and organizing one company of Artillery in each division, and one company of Rangers to each regiment, to be mounted and armed with rifles, rifle pistols, and short swords. These Hangers would be most efficient against an Indian force, were they armed with Hall's carbines, a brace of rifle pistols with holsters and cartridge boxes, containing cartridges, suited to the bore of the pistols; and when dismounted to have the pistols in a belt, and a short sword. This sword to be most formidable in Indian fighting, should be a short blade about 18 inches in length, strong and double edged, to be used as occasion might require, either to cut away the brush, vines or other obstacles in pursuing the Indians into their hammocks or places of retreat, or as a weapon of defence in close combat with an enemy. 86 MESSAGES AND PROCLAMATIONS OF I am satisfied that troops thus organized, equipped and disciplined, expressly for Indian fighting , WITH STRICT DIREC- TIONS NEVER TO THROW AWAY A FIRE, HOT to halt in pWT- suit, first using their rifles, then their pistols, and as the last resort, their swords, would be more than an equal match for an equal number of the most efficient Indian warriors that ever assembled upon our frontier. In view of our present situation I would recommend to your consideration the propriety of memorializing Congress, to provide us with three six pound brass pieces of cannon, with carriages and equipments complete, and one thousand Hall's carbines, with two thousand rifle pistols with holsters and cartridge boxes complete, and one thousand short swords, with scabbards and belts; and that government would estab- lish a depot of arms and ammunition, at some suitable place within the Territory. It becomes our duty to provide by law for dividing the Territory into three judicial districts, to assign to each judge his appropriate district, and to define the time and place of holding district courts in each of the respective counties within the Territory. When we take into consideration the local excitements that frequently arise in neighborhoods, on the subject of division of counties, the alteration of county lines, and the location of county seats, I am satisfied that much benefit would result to the community, were the whole of the sur- veyed part of the Territory laid out into counties of a uni- form size, and so bounded as to preclude any subsequent subdivision, or alteration of the boundaries; and the seats of justice established in each (where such seats of justice have GOVERNOR ROBERT LUCAS 87 not already been established by law) by disinterested com- missioners to be appointed for the purpose. A general law on this subject, well arranged in its details, could not fail in a great measure, to prevent those local ex- citements that too frequently disturb the harmony of neigh- borhoods, and retard the general improvement and pros- perity of the country. I therefore solicit your attention to this subject, and hope that a general law may be passed the present session in accordance with the foregoing suggestions. It also becomes our duty to provide by law for taking the census of the Territory at certain periods, and to appor- tion the members of the Council and House of Representa- tives among the several counties and districts, in proportion to the population, as well as to fix by law, the time of the regular annual meeting of the Legislative Assembly. This subject will require your early attention. The 13th section of the organic law or constitutional charter of the Territory, declares "that the Legislative Assembly of the Territory shall hold its first session at such time and place in the Territory, as the Governor shall appoint and direct, and at said session, or as soon thereafter as may by them be deemed expedient, the said Governor and Legislative Assembly shall proceed to establish the seat of Government for said Territory, at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said Governor and Legisla- tive Assembly." And the sum of twenty thousand dollars is granted to be applied by the Governor and Legislative Assembly, to defray the expenses of erecting public buildings at the seat of Government. 88 MESSAGES AND PROCLAMATIONS OF This subject has excited to a considerable degree, conflict- ing interests and local feelings, in various parts of the Ter- ritory. But I can perceive no good reason for such conflict- ing interests. In settling this question every interest of a local or private character should be excluded from our deliberations. It is a question purely of public concern. The United States are the proprietors in fee of all the land in the Ter- ritory, to which the Indian title has been extinguished. Every part of the Territory is equally susceptible of a dense population: and in granting the appropriation to be applied in erecting public buildings at the seat of Government, Con- gress had reason to expect the expenditure to be made at a point, that would advance to the greatest degree, both the present and future prosperity of the Territory. I am convinced that there is no way in which we can dis- charge the duty imposed upon us by this section, satisfac- torily to the community at large, or, to promote the general interest of the Territory so well, as to provide by law for the appointment of three disinterested men, of known integ- rity and weight of character, and to vest them with authority to take the subject into consideration, and to fix upon a place for the seat of Government of the Territory; and their report being returned to the Secretary of the Territory, that such report shall be considered conclusive, and the public buildings erected at the place provided for in such report. I am clearly of the opinion that the foregoing is the only method by which the seat of Government of the Territory can be satisfactorily established. By this method, the in- terest of every part of the Territory will be consulted, and GOVERNOR ROBERT LUCAS 89 strict justice administered to the whole; and with this impression, I urge it upon your consideration, and solicit a calm and impartial investigation of the same. Gentlemen, the foregoing suggestions embrace such acts as are deemed indispensable to the organization of the Ter- ritory. There are doubtless many other subjects of a more local character, that will present themselves to your consid- eration. The compilation and enactment of a complete code of laws, particularly adapted to our situation and interest, would require more time and deliberation, than is allotted to the Legislative Assembly during its session. And, in- deed, experience has taught us, that it is impracticable to digest, report, and enact a complete code of laws during the session of a Legislative body. I would therefore suggest for your consideration, as a subject of the greatest importance to the future prosperity of the Territory, the appointment of a committee not to exceed three persons, of known legal experience and weight of character, to digest and prepare a complete code of laws during the recess of the Legislature, and to report them for consideration and enactment at the ensuing session. By pursuing this method, in the course of two years we will be be released from the ambiguity of existing laws, and our system of jurisprudence will be established upon a firm foundation, peculiarly adapted to the situation, interests, habits, and wants of our citizens. When we consider the general liberality of the present government heretofore manifested towards her minor chil- dren, we may reasonably anticipate that the same liberality 90 MESSAGES AND PROCLAMATIONS OF will be extended to her youngest daughter, Iowa. I there- fore suggest the expediency of respectfully memorializing Congress to grant to the Territory an appropriation sufficient to erect a Penitentiary in the Territory, for the confinement of convicts that may be sentenced for a violation of the penal laws of the Territory, as well as those who may be convicted for a violation of the laws of the United States. Also, re- spectfully to ask an appropriation of land for literary pur- poses, equal to the grant made last session to the Territory of Wisconsin. An appropriation of five thousand dollars was made by Congress to be expended, under the direction of the Gover- nor, in the purchase of a library for the Territory. Previous to leaving Ohio, in June last, (with the assistance of several literary friends,) I made out a catalogue of such standard works as are deemed most important as the foundation of a public library, and put the catalogue into the hands of an agent in Cincinnati to make the purchase for me. Those books that could be procured in the western country, have been purchased and have been at Cincinnati for some time, waiting to be forwarded the first rise of water in the Ohio river. By advices from Cincinnati, I learn that the agent has been for some time in the eastern cities, where he will complete the purchases to the extent of the appropriation. As soon as the Ohio river is navigable, we may expect the arrival of those books that have been purchased, and the re- mainder of the library as soon thereafter as practicable. When engaged in purchasing maps for the Territory in Cincinnati, in July last, Dr. O. Fairchild, of said city, pre- sented me with a valuable set of maps, which are now in GOVERNOR ROBERT LUCAS 91 my possession, and which I present as a present from him to the library of the Territory. As the library is expected in a short time, I would sug- gest the propriety of passing a law to provide for the ap- pointment of a librarian, to define his duties, and to regulate the library. As soon as the library arrives, a catalogue of the books shall be immediately laid before you. On the 1st of September last, Dr. James Davis was ap- pointed a Commissioner under the provisions of an act of Congress passed the 18th of June, 1838, entitled u An act to authorize the President of the United States to cause the southern boundary line of the Territory of Iowa to be ascertained and marked" who proceeded soon after his appointment in conjunction with A. M. Lea, Esq., the Commissioner on the part of the United States, to the dis- charge of the duty assigned them, but have not yet reported their progress to this department. Should a report be received during the session of the Legislative Assembly, it shall be immediately communicated to you. The Governor of Missouri did not consider himself authorized to appoint a Commissioner under the late act of Congress until after the meeting of the Legislature of that State. The appropriation made by Congress for the support of the government of the Territory of Iowa for the year 1838, is $24,675. This includes the salaries of the Governor, Secretary, Chief Judge, Associate Judges, District Attorney and Marshal the pay and mileage of the Members of the Legislative Assembly of the Territory and the expenses thereof; printing the laws, taking the census, and other incidental and contingent expenses of the Assembly and Territory. (See late laws of the U. S., page 112.) 92 MESSAGES AND PROCLAMATIONS OF The salaries of the officers of the Territory, as fixed by law, and the contingent fund of the Governor, amount to 8,950 dollars which leaves a balance of 15,725 dollars to defray the expenses of the Legislative Assembly printing, stationery, fuel, house rent, and all other incidental ex- penses of the Territory. In disbursing the appropriation, we should avoid parsi- mony in its application to defray necessary expenses; but at the same time should use strict economy, and be careful in our expenditures never to exceed the appropriation made by Congress. Gentlemen of the Council, the act of Congress establish- ing the Territorial Government of Iowa, vests in the Execu- tive and Council the power of appointing all judicial officers -justices of the peace, Sheriffs and Militia officers ( except those of the staff) and other civil officers that are not elec- tive by the people. The Executive is vested with the nom- inating and the Council with confirmative power. The power of appointing to office is one of the most delicate and responsible character; and as the concurrence of the Execu- tive and Council are required to give validity to appoint- ments under the Territorial authority, I deem it my duty to state to you distinctly in the commencement of our political organization the principles by which I shall be governed in nominating individuals for the various offices in the Terri- tory. I shall at all times pay a due respect to recommendations; but cannot conscientiously nominate to office any individual of lad moral character, or, that may be addicted to intem- perance or gambling, if known to me. These vices are so 93 contaminating in their character, that all public officers in my opinion should be clear of even a suspicion of being addicted to them. Gentlemen of the Legislative Assembly, the charter of our Territorial government declares that the Legislative power shall be vested in the Governor and Legislative Assembly. The Executive is vested with advisory and re- straining powers, and the Legislative Assembly with delib- erative and enacting powers. The concurrence of both the Executive and Legislative departments becomes necessary under our organization to give validity to Legislative enact- ments. This being the case, I have in discharge of a conscientious duty promptly recommended to your consideration such measures as I deemed to be most expedient, and think it proper to state to you at the commencement of our Legisla- tive proceedings, that I shall at all times take pleasure in concurring with you in acts that tend to advance the general interests of the Territory, and the prosperity of the people; but at the same time will be compelled to withhold my assent to such acts, or proceedings, as I may conscientiously for the time being believe to be prejudicial to the public good. That the spirit of wisdom and harmony may control all our deliberations and direct our efforts to the promotion of the general prosperity of the Territory the establishment of good order, and the security of the peace, prosperity, and happiness of the people is the sincere prayer of your fellow-citizen and obedient servant, ROBEKT LUCAS. IOWA TEKBITORY, BURLINGTON, Nov. 12, 1838. SECOND ANNUAL MESSAGE NOVEMBER 5, 1839 Prom the Journal of the House of Representatives , p. 9 Gentlemen of tlie Council and House of Representatives: It becomes my duty, as Executive, to submit to you a statement of the affairs of the Government, and to recom- mend to your consideration, such measures as are deemed advisable, in perfecting the internal organization of the Ter- ritory; and such other measures as are best calculated to ad- vance the interest, promote the prosperity, and secure the happiness of the people. It is with the most heartfelt gratitude to ALMIGHTY GOD, whose superintending care has extended over us, and sus- tained us through various vicissitudes for the last year, that I am, through his special Providence, permitted again to address the Legislative Assembly of a Territory, that has advanced, since its organization, in improvement, population and wealth, beyond a parallel of all former history. With a genial and healthful climate a soiLunsurpassed for fertil- ity abounding with pure water, navigable rivers and inex- haustible mineral resources containing a population that may safely, at this time, be estimated at upwards of fifty thousand inhabitants, and which will in all probability be doubled by the time the census of the United States is taken in eighteen hundred and forty with this glowing prospect before us, we have great cause of gratitude to the author of GOVERNOR ROBERT LUCAS 95 all good for the peculiar manifestation of His favor and blessings, conferred upon us as a political community, as well as a people collectively and individually. When we consider the rapidly increasing population, and advancing prosperity of the Territory, we may, in my opin- ion, with propriety proceed to measures preparatory to the formation of a Constitution and State Government, and for our admission into the Union as an independent State. I know it is the opinion of some, that such measures would be premature at this time, inasmuch as our expenses are de- frayed by the United States. This consideration is entitled to weight; but when we consider the imperfect organization of the Territorial Government, and the consequent embar- rassment in the administration of its internal affairs and by referring to past history, compare the condition of the inhabitants of Ohio, Indiana, Illinois and Michigan, while under a Territorial Government, to their subsequent pros- perity after their admission into the Union as independent States, the preponderance is much in favor of a State Gov- ernment for the prosperity and improvement within each of the aforesaid States languished while Territories, but ad- vanced with rapid strides from the moment of their several admissions into the Union as independent States. With these facts before us, I would earnestly recommend to the Legislative Assembly the early passage of a memorial to Congress, respectfully asking of that body the passage of an Act, at their ensuing session, granting to the inhabitants of Iowa Territory, the right to form a Constitution and State Government, and to provide for their admission into the Union upon an equal footing with the original States. 96 MESSAGES AND PROCLAMATIONS OF In recommending this subject to the consideration of the Legislative Assembly, I respectfully suggest the following as the most natural and suitable boundaries for our State, to wit: beginning in the middle of the main channel of the Mississippi river at a point east of the middle of the main channel of the Des Moines river where it empties into the Mississippi river; thence up the Mississippi river, following the middle of the main channel of the same to the mouth of the St. Peters river; thence up the St. Peters river follow- ing the middle of the main channel of the same to the mouth of Blue Earth river; thence up the Blue Earth river, following the middle of the main channel of the same to the most westerly source of said river; thence on a direct line to the source of Cactus river, an east branch of Calumet or Sioux river; thence down said river, following the middle of the main channel thereof to the middle of the main chan- nel of the 'Missouri river; thence down the Missouri river following the middle of the main channel thereof to a point west of the line that may be established by Congress under the act approved June 18th, 1838, entitled, "An Act to authorize the President of the United States to cause the southern boundary line of the Territory of Iowa to be ascer- tained and marked;" thence east with said line to the middle of the main channel in the Des Moines river; thence downward along the middle of the main channel of the Des Moines river to the place of beginning. The foregoing, appears by a reference to the geographical position of the country to be the most natural boundaries for our state. It embraces the head-waters of all our prin- cipal rivers, extends from the Mississippi river to the GOVERNOR ROBERT LUCAS 97 Missouri river, and will leave the northern portion of the Territory as now bounded in a suitable situation for the future formation of two additional states, each extending from the Mississippi to the Missouri river. I would also recommend the passage of a law to provide for the calling a convention to form a state constitution, so soon as Congress may grant by law the privilege to do so. Congress, at their last session, made two important amendments to the organic law of the Territory, both of which were approved the 3d of March, 1839. The first, entitled ' 'An Act to alter and amend the organic law of the Territories of Wisconsin and Iowa," declares, "that every bill which shall have passed the Council and House of Representatives of the Territories of Iowa and Wisconsin, shall, before it becomes a law, be presented to the Governor of the Territory, if he approves of it, he shall sign it, but if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objec- tions at large on their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal of each house respec- tively. If any bill shall not be returned by the Governor within three days (Sunday excepted) after it shall t have been presented to him, the same shall become a law in like 98 MESSAGES AND PROCLAMATIONS OF manner as if he had signed it, unless the Assembly by adjournment prevent its return, in which case it shall not be a law." The foregoing is a salutary amendment to the original organic law, and is truly gratifying to the executive. It defines the powers and duties of the executive, when those duties stand connected with the Legislative Assembly, relieves him from much legislative responsibility, and places it where all legislative responsibility should ever rest, with the immediate representatives of the people. In the original law all the responsibility was thrown upon the executive. No law could take effect without his approval, and there was no provision made for a reconsideration by the Legislative Assembly when the executive differed with them in opinion. This amendment will doubtless tend to harmonize the proceedings between the Legislative Assem- bly and the Executive, and lead to a more convenient despatch of business. The second is "An act entitled an act to authorize the election or appointment of certain officers in the Territory of Iowa, and for other purposes." This act prescribes "that the legislative assembly of the Territory of Iowa shall be, and are hereby authorized, to provide by law for the election of Sheriffs, Judges of Probate, Justices of the Peace, and County Surveyors within said Territory, in such way or manner, and at such times and places as to them may seem proper; and after a law shall have been passed by the Leg- islative Assembly for that purpose, all elections or appoint- ments of the above named officers, thereafter to be had or made, shall be in pursuance of such law. " GOVERNOR ROBERT LUCAS 99 The foregoing section vests in the Legislative Assembly, the right to provide by law for the election of the aforesaid officers. This, no doubt, will be a pleasant duty to per- form, as it is in strict accordance with the spirit of our insti- tutions. Our government is a government of public senti- ment, and I have ever been of the opinion, that the only safe depository of power is with the people. They are the only legitimate sovereigns of the land, and with them should be vested the power of electing all public functionaries from the highest to the lowest degrees. This has ever been my sentiment, and I take pleasure in urging upon the consider- ation of the legislative assembly, on the present occasion, the passage of a law to provide for the election, by the peo- ple, not only the officers above mentioned, but all others within the Territory that are not expressly prohibited by the organic law. I will again call your attention to the importance of pro- viding by law for the organization of townships. Such an organization was doubtless contemplated by Congress, when they declared in the organic law, that all township officers should be elected by the people. The organization of town- ships are so intimately connected with every well regulated system of common schools, as well as that of public roads, that neither system can be conveniently carried out in detail, without such organization. Further, it has been proven by experience, that the ordinary local business of the country can be done with much more convenience and less expense to the people, where the township system has been adopted, than in communities where it has been dispensed with. I, therefore, earnestly press upon your consideration, the im- 100 MESSAGES AND PROCLAMATIONS OF portance of passing a law the present session, to provide for the civil organization of townships, and that provision be made for the election by the people, of a competent number of Justices of the Peace, in such organized townships, as well as other township officers. The subject of a well digested system of common schools, is one of as great importance as can possibly be pressed upon legislative consideration. The act passed at the last session, is too limited in its provisions to serve as a founda- tion for a well regulated system. I would therefore, recom- mend its revision, and call your attention to the school law of the State of Michigan, as worthy of your attention, and from which much useful information may be obtained. The resolution of the last session of the Legislative As- sembly on the subject of printing the laws and journals, ap- proved November 27, 1838, reads as follows, to-wit: li Resolved, That Messrs Clarke & M'Kenny, publishers of the Territorial Gazette, in this city, be employed to pub- lish the Journal of the proceedings of the House of Repre- sentatives, in pamphlet form, and that they be paid the same prices as are paid to the printers of Congress for such work; and that Russell and Reeves of Dubuque, be employed to print the laws passed at the present session on the same terms, and that said Russell and Reeves, be required to enter into bonds, with good and sufficient security, to the Secretary of the Territory, in the sum of five thousand dol- lars, to have the same ready for delivery on the first day of May, A. D. 1839." The act regulating the publication of the Laws and Jour- nals of the Legislative Assembly of the Territory of Iowa, GOVERNOR ROBERT LUCAS 101 approved January 21, 1839, (see page 321,) points out the manner in which the laws shall be printed, bound and distributed. The 4th section declares, that "It shall be the duty of the Secretary of the Territory to superintend the printing, in such manner as he may conceive most conducive to the public good, the Acts and Joint Eesolutions of the Legis- lative Assembly, and to correct the same by the enrolled bills in his office; and when the printing of the same shall be finished, to certify the fact, of his having compared and found the same correct, which certificate shall be signed and dated by the Secretary, and annexed in print to the volumes of the Acts and Joint Resolutions as aforesaid." The 10th section of said act declares, that "the Secretary of the Territory be and he is hereby required to furnish the public printer with a copy of all the acts of Congress now in force relative to the naturalization of aliens, as soon as practicable, and that it shall be the duty of the printer aforesaid, to publish the same, as an appendix with the statutes of a public nature, of the present Legislative Assembly." The manner in which the obligation in the aforesaid resolution has been fulfilled, and the duty specified in the Act relative to publishing the Laws, has been performed, will be manifested by a reference to the time the laws were ready for delivery, and by an examination into the correct- ness and contents of the volume published. The obligation in the resolution required the laws to be ready for delivery on the first day of May last. They have just been received at this city, within a few days of six months after the time 102 MESSAGES AND PROCLAMATIONS OF specified in the obligation. On examining the printed volume, delivered to me by the Secretary of the Territory, I find it contains his official certificate, dated the 23d of July, A. D. 1839, (nearly three months after the time the laws should have been ready for delivery) certifying that he had compared the pages with the "engrossed bills" deposited in his office, and that they contained true and correct copies. (The Secretary, I suppose meant the en- rolled bills, as no "engrossed bills" are ever filed in the Secretary's office as laws.) In this certificate the Secretary has been in error in one particular at least; for, in the first section of the act providing for and regulating general elec- tions, in the Territory, I discover a very important interpo- lation in the printed copy, that changes materially the meaning of the law. The original enrolled bill signed by the presiding officers of both branches of the Legislative Assembly, approved by the Executive, and deposited in the Secretary's office, in the clause relating to the election of Delegate to Congress, reads as follows: "An election for Delegate to Congress, for members of the council, and county recorder, shall take place on the first Monday in August next and forty, and on the same day in every second year thereafter. ' ' The printed copy is made to read "An election for Delegate to Congress, for members to the council, and county Recorder, shall take place on the first Monday of August, Eighteen hundred and forty, and on the same day in every second year thereafter." Thus we find the word "next" where it occurs after the word "August" in the original enrolled bill omitted, and the words "Eighteen hundred" that are not in the original roll GOVERNOR ROBERT LUCAS 103 interpolated in the printed copy. I have also examined the appendix with care, and find under the head Naturalization of aliens, an act of Congress entitled "an Act to amend an Act concerning Naturalization," approved 24th May, 1828, printed which is the only act on this subject that I could find in the volume. The acts of the Legislative Assembly require the publication, in an appendix to the laws of the Territory, all acts of Congress now in force, relative to the naturalization of aliens, which would have included a general law on that subject, approved 14th April, 1802, an addi- tional act approved 26th of March 1804, an act regulating seamen, &c. approved 3d of March 1813, an act supple- mentary to acts heretofore passed, MESSAGES AND PROCLAMATIONS OF been sentenced to the penitentiary; but presume that the directors will lay the whole facts specially before you during your session; which in all probability, will require some immediate legislative action. I therefore respectfully invite your attention to this subject. By the 4th section of the "Act supplementary to an Act to locate the seat of government of the Territory of Iowa, and for other purposes," approved 21st of January, 1839, it was made the duty of the Governor to draw from the treasury of the United States the sum of twenty thousand dollars, appropriated by Congress in the thirteenth section of the Organic Law, approved June 12, 1838, to be applied by the Governor and Legislative Assembly to defray the expenses of erecting public buildings at the seat of govern- ment. On an estimate furnished by the Commissioners of Public Buildings, dated March 16, 1840, a requisition was made on the treasury of the United States for the sum of fourteen thousand six hundred and forty dollars, which sum was received in a draft on the receiver of the public moneys at this place, imade payable to my order. On the receipt of this draft, I indorsed it to Thornton Bayless, the Treasurer of the Territory, who drew the money from the receiver and paid it over to the acting Commissioner of Public Buildings on proper vouchers produced by him. On the 8th of June last, an estimate was forwarded me, by the commissioner, for the sum of five thousand three hundred and sixty dollars, being the balance of the appro- priation of twenty thousand dollars. This estimate was immediately forwarded to the Secretary of the Treasury of GOVERNOR ROBERT LUCAS 143 the United States, with a requisition for a draft on the State Bank of Missouri or the receiver of public moneys at this place. The draft on this last requisition has not yet been received. When received it will be immediately placed in the hands of the Treasurer of the Territory to be paid over to the acting Commissioner of Public Buildings on the pro- duction of proper vouchers by him. Thus the whole of the funds appropriated by Congress for the erection of public buildings in this territory, amounting to forty thousand dollars, have been drawn for. The appropriation of twenty thousand dollars, that has been applied to the erection of public buildings at the seat of government, with the aid of the funds that may be obtained from the sale of lots in the city of Iow T a, if judiciously man- aged, will in my opinion be amply sufficient to complete the public buildings in accordance with the plan adopted by the Commissioners and leave a surplus to be applied to other public improvements. But, to avail ourselves of all the ad- vantages to be derived from the sale of lots in the city plat, it appears to me that the laws that relate to the sale of said lots should be revised. I therefore, respectfully suggest, to the consideration of the Legislative Assembly the passage of a law fixing an average minimum price upon the lots, say from two to three hundred dollars per lot; and to authorize the Commissioners to apportion the aggregate sum of the whole number of lots by fixing upon each lot, a specified price grading the same in proportion to the relative and real value of each individual lot, so as not to reduce the ag- gregate sum of the whole below the aggregate minimum price fixed in the law. After having the lots thus valued, 144 MESSAGES AND PROCLAMATIONS OF I would suggest the propriety of authorizing a public sale when there might be a fair competition among purchasers, and after such sale to authorize the acting Commissioner to sell at private sale, under proper regulations, all lots, at the fixed price, that might not have been sold at the public sale. This method would, in my opinion, be an accommodation to individuals who might wish to procure lots for improvement. It would guard against individual speculation, and secure to the Territory all the benefit resulting from the public ex- penditures in the city. I would also respectfully suggest to the consideration of the Legislative Assembly a revision of the laws that relate to the execution of title-deeds to lots in Iowa City. It seems to me the more convenient method would be to require the certificate of final payment, signed by the acting Com- missioner, to be filed in the office of the Secretary of the Territory, and that on such certificate being filed the Secre- tary of the Territory should make out a deed under the seal of the Territory, to be signed by the executive and counter- signed by the Secretary, and that the original certificate should be filed in the Secretary's office, and a record of all deeds of conveyance kept therein. On a visit to Iowa City on the 4th instant, I was gratified to see the extensive improvements that have been made in that place within the last year. The basement story of the capitol is nearly completed, and in justice to the acting Com- missioner, as well as the gentlemen who performed the work, I must say that, so far as the work had progressed, it was done in the most substantial and workmanlike manner; but I learn that, owing to the difficulty in procuring stone of GOVERNOR ROBERT LUCAS 145 sufficient size for cutting, it has been thought advisable by the Commissioners to change the plan first contemplated of building the house of cut stone, and they have adopted another plan that will be less expensive, more expeditious, and of equal utility, the particulars of which will be ex- plained to you in detail by the Commissioners in their re- port, that will be by them submitted to you. I perceive, by the journals of Congress, that a bill was reported by the committee on territories to the House of Representatives, early in the session, to enable the people of the territory of Iowa to form a constitution and state government and for the admission of such state into the Union. This bill was reported in connection with a bill extending the same privilege to the citizens of Middle and West Florida. I have not yet learned the fate of these bills, but presume that they will both pass together and probably the present session of Congress. I therefore, suggest to the Legislative Assembly the expediency of pro- viding by law for taking the sense of the people of this ter- ritory on the subject of a convention at the ensuing annual election. It appears to me that there can be no objection to submitting this subject to the people for their considera- tion, as an expression of public opinion thereon, through the ballot-box, would enable the ensuing Legislative Assem- bly to act understandingly, and in accordance with the expressed will of the people on this important subject. I regret that I have not been able to procure a statement of the number of inhabitants of the territory. The Marshal of the United States informs me that the returns from the counties have not all been received by him, but they may 146 MESSAGES AND PROCLAMATIONS OF be expected in a few days. As far as I have heard we have doubtless doubled our population within the last two years, and we have now in the Territory many more inhab- itants than will be contained in the official enumeration, which is confined to the first of June; and, before the nec- essary preliminary measures to prepare the way for our admission into the Union, I have no doubt but that our population will be sufficiently numerous to justify us in claiming a rank among the independent states. That harmony may prevail in your deliberations, and all your efforts be directed to the promotion of the public good, is the sincere wish of Your obedient servant, ROBERT LUCAS. BURLINGTON, JULY 14, 1840. THIRD ANNUAL MESSAGE NOVEMBEB 3, 1840 From the Journal of the Council, p. 10 Gentlemen of the Council, and House of Representatives: I conceive it to be my first duty, on our present meeting, to direct your attention to the Providential favors which our common country has experienced in the degree of health dispensed towards its citizens, and the unusual abundance with which the soil has rewarded the labor bestowed upon it. The unparalleled improvements in our Territory pre- sent an unerring index to the prosperity and happiness of the people, which should excite within our breasts feelings of the most profound gratitude towards the author of those favors and the gracious dispenser of all good. The excitement produced by the intrusions upon the rights of the citizens of Iowa, by the authorities of Missouri, near the boundary line, has subsided. The prosecution com- menced under the laws of the Territory against a Sheriff of Missouri, has been dismissed, and no farther attempts have been made by the authorities of that State to exercise juris- diction north of Sullivan's line. The committee of Con- gress, in the House of Representatives, at the last session, after an elaborate examination of the subject, were of opin- ion, that the legitimate boundary line, as defined in the original act of Congress and in the Constitution of the State of Missouri, would begin at the centre of the Des Moines 148 MESSAGES AND PROCLAMATIONS OF rapids, in the Mississippi river, and run from thence on a parallel of latitude due west, which would be several miles south of the line contended for by the authorities of this Territory. The committee at the same time this opinion was expressed, recommended the adoption of the line com- monly known as the old Indian boundary, or Sullivan's line; and reported to the House of Representatives in Congress a bill to establish that as the permanent boundary line of the State of Missouri and the Territory of Iowa. This report appeared to be founded in equity, This line had been gen- erally conceded as the boundary between Missouri and this Territory. It had divided the Surveyors General districts and the land districts of the U. States lands. The citizens who purchased land south of this line did so with the im- pression that they were purchasing in the State of Missouri, and those who purchased north of it, with the belief that they were purchasing in the Territory of Iowa. The pur- chasers of these lands were governed in their purchases by their locations. Some preferred being in Missouri and others in the Territory. Were this line now altered, it would be attended with great inconvenience to many citizens on both sides of it. We therefore trust that the bill, as reported, will be passed by Congress at the ensuing session, and that the line thus designated may be finally established as the boundary between the State of Missouri and this Territory. Though a strictly legal line might embrace within this Ter- ritory a small portion of the inhabitants south of this line, yet we have never had a desire to embrace within the limits of this Territory any tract of country that had been pur- chased by individuals at the land office in Missouri and set- GOVERNOR ROBERT LUCAS 149 tied upon by them as being within that State and I trust that the same liberal feelings will be reciprocated by the in- habitants of Missouri towards our citizens. At the special session of the legislative assembly, a me- morial was passed, memorializing the President of the United States to cause the annuities due the Sac and Fox Indians to be paid to the heads of families, or to such persons as a majority of the nation might request. The memorial was immediately transmitted to Washington, but previous to its arrival an order had issued from the Indian Department, dated 18th of August, 1840, directing the annuity for the present year to be paid to the chiefs as heretofore. On the 28th of September the Indians were assembled at the Agency for payment. They arrayed themselves into two parties. One party wanted the money distributed on principles of justice and equity among the different bands and to the heads of families. The other party contended for its pay- ment to a few of the chiefs, to be distributed by them alone. I was present on the occasion, and addressed both parties. I advised them to compromise the difference among them- selves read and explained to them the treaties, as well as the intercourse law of the United States, and the regulations of the Indian Department. I also explained to them the order of the Indian Department of the 18th of August, and informed them that, according to my understanding of the order, the money must be paid to the same chiefs and braves that received it last year. I had the names of the chiefs and braves read to them, and advised them to meet in friendly council by themselves without the interference of any white men, and to decide among themselves as to the re- 150 MESSAGES AND PROCLAMATIONS OF ceipt and distribution of the money and told them that when they had agreed among themselves the money would be paid them. The council adjourned in the evening, and the chiefs and braves who received the money last year were expected to have met in friendly council next morning to arrange their difficulties and receive their money. But some arrangements appear to have been made at the agency dur- ing the night, unknown to me, that frustrated the council to be held on the morning of the 29th, and Keokuck through the Agent, had advised Maj. Pilcher to leave the Indian country with the money, which he did that morning. This removal of the money from the Indian country caused great excitement and dissatisfaction among the Indians. When Maj. Pilcher left the agency he informed me that the funds being in paper, could be changed for specie, and might be returned for payment in about three weeks there- after. I informed the Indians of what Maj. Pilcher had told me, which appeared for the time present to reconcile them. But I have learned, since my return from the Indian country, that some mischievous individuals have been im- pressing upon the minds of the Indians the belief that the annuity will not be paid until spring. This was calculated to dissatisfy them with the government, lead to difficulties among themselves, and endanger the peace of our borders. I therefore, with a view to check these evils, issued a per- emptory order to the Agent of the 15th of October, direct- ing him to obtain the funds that had been set apart for the payment of the annuity for 1840, and to pay it to the same chiefs and braves whose names were found to the receipt roll of last year. This I conceived to be in strict accord- GOVERNOR ROBERT LUCAS 151 ance with the order of the Department. Those chiefs and braves number about 30, and are distributed about equally among the different parties; and should the money be paid to them in accordance with my order to the Agent, and they be left to dispose of it among themselves, without the inter- ference of any of the traders, I have little doubt but that it will be distributed among the different bands justly, and be paid, as far as it will go, towards the liquidation of their just debt. But should the payment, from any considera- tion, be much longer delayed, there is danger that the ex- citement produced by its postponement will burst beyond the bounds of restraint and the Indians commence fighting among themselves and thereby endanger the peace of our frontier. I have conceived it to be my duty to present the foregoing facts for the information of the legislative assem- bly. It is certainly our duty to look to these things, to be watchful of their operation and of the movements of the In- dians, so that we may not be taken by surprise. And while we make use of all the means under our control to sustain peace and harmony among our Indian neighbors as well as between them and our citizens, we should be prepared to meet every possible contingency that might endanger the peace of our frontier. I have in my report to the Indian Department, given a detailed account of the situations of the Indians, with a full explanation of my views as to the cause and probable issue that may be produced by the ex- citement that now exists among them. The situation of this nation, in connection with the Winnebagoes who have recently been removed to the tract of country within this Territory, known as the neutral ground, bordering in part 152 MESSAGES AND PROCLAMATIONS OF on our northern settlements, and partly on the Sac and Fox country, should admonish us to be on our guard and to de- pend upon ourselves for defence in case hostilities should be commenced by them. In consideration of this state of things, I would respectfully suggest to the legislative assem- bly the expediency of authorizing by law, the organization of a number of mounted volunteer riflemen, say one com- pany at least to every regiment of militia within the Terri- tory, with authority for the commandant of any brigade to increase the number to a battalion within his brigade, and to provide for calling them into service in case of Indian depre- dations or threatened invasion. This precautionary measure can do no harm, and may ultimately secure our frontier from an Indian war. The Secretary of War informed me sometime since, that the Department had determined to establish a depot of public arms and munitions of war at Rock Island, to be supplied to the citizens of the Territory under proper regu- lations, should the same be wanted to enable them to defend themselves against Indian hostilities, but I have not yet heard that any have been deposited at that place. The votes given at the late general election for and against a State Convention, were against a Convention by a large majority. The sentiments of the people of the Territory thus indicated will necessarily preclude all further legisla- tion on the subject at the present session. The people have, by their votes, expressed their preference for a Terri- torial Government for the time being. It will therefore become your duty to adopt a regular financial system for the Territory, by which the Territory will be enabled to GOVERNOR ROBERT LUCAS 153 control funds sufficient to meet the necessary expenses inci- dental to Territorial affairs. I would, therefore, recommend to the consideration of the legislative assembly a review of the financial laws so as to provide a revenue sufficient in amount to meet the actual wants of the government, dis- tributing the burthen and the benefits among every class of community upon principles of exact justice to all. The Auditor of the Territory will report to you his views on this subject, to which I solicit your respectful attention. On an estimate forwarded to the Treasury Department of the United States, by the Executive of the Territory, esti- mating the expenses for the year 1840, there has been appropriated for the pay and mileage of members of the present legislative assembly, for the pay of officers, for printing, furniture, stationery, fuel and all other incidental expenses, $27,050. This sum is deemed sufficient to meet all necessary expenses. I would therefore recommend to the consideration of the legislative assembly the propriety of confining the expenditures authorized by them, within the appropriation. The Secretary of the Territory informs me that there is upwards of six thousand dollars due to individuals for furniture, stationery, and services rendered to the legislative assembly at the two first sessions, and for which no funds have been provided for payment. This deficiency I reported to the Treasury Department with my estimate for the expenses of the year 1841, and solicited an appropriation to meet it. This method of contracting debts with individuals beyond the means of payment, is practising a deception upon the public creditors, and ought, in my opinion, to be carefully avoided. 154 MESSAGES AND PROCLAMATIONS OF By reference to the appropriation bills, it appears that there were allowed to the clerks and officers of the legis- lative assembly at the two first sessions the following sums, to wit: first session, to the clerks and officers of the Council, $2,850, and to the clerks and officers of the House of Rep- resentatives, $3,300; second session, to the clerks and offi- cers of the Council, $3,525; and to the clerks and officers of the House of Representatives, $2,925. These aggregate sums were embraced in the appropriation bills, but there is no law in existence in the Territory that defines the officers to whom this money was paid, or the compensation allowed to any such officers. Until such a law shall be passed, establishing the number of officers and fixing their compen- sation, it will be impossible for the Executive to comply with the annual requisition of the Secretary of the Treasury Department in furnishing him with a correct estimate of the sum necessary to defray the current annual expenses of the legislative assembly of the Territory. The States generally define by law the number of clerks and officers employed in each branch of the legislative assembly. By the laws of Ohio, the number of clerks and officers to each branch, and the compensation of each, are specially defined. According to the laws of that State, the compensation of the clerks and officers of both branches of the legislative assembly, for a session of seventy- five days, would amount to $1,200. In this Territory, at the first session, it amounted to $6,150, and at the second to $6,450. These statements are sub- mitted to the candid consideration of the legislative assem- bly, with a request that a law may be passed to provide for organizing the legislative assembly, defining the number of GOVERNOR ROBERT LUCAS 155 officers to be employed, together with the compensation allowed to each. In recommending this measure, I disclaim any desire on the part of the Executive to prescribe to the legislature the number or character of officers to be employed in their respective branches, or the compensation to be allowed to such officers. The legislature is the proper judge in these things; and it is but fair to presume that it will employ none but such as are necessary to the convenient despatch of business, and that a compensation adequate to the services of such officers will be allowed them respectively. I am not aware that any important general subject will be presented for legislative action. Your predecessors have passed laws embracing all general subjects. Their recent enactments would seem to require their continuance in force, excepting in cases where they may have been found defect- ive. Frequent changes of general laws are always attended with inconvenience to the public, and should be altered only with great caution. Should any subject requiring the attention of the legis- lative assembly be communicated to the Executive during your session, it shall be promptly laid before you; and you may rest assured of the co-operation of the Executive in all measures that may be calculated to secure the prosperity of our country and to advance the physical, intellectual and moral condition of its inhabitants. That all your efforts may harmonize in promoting the public good, is the sincere desire of, Gentlemen, your very obedient servant, ROBERT LUCAS. BURLINGTON, IOWA TERRITORY Nov. 3d, 1840 VETO MESSAGES TO THE COUNCIL DECEMBER 19, 1838 From the Journal of the Council, p. 110 EXECUTIVE DEPARTMENT, IOWA TER. December 19, 1838. To the Council of the Legislative Assembly: Gentlemen I have examined with attention the act enti- tled "An act regulating the intercourse between the Legis- lative and Executive Departments of the Territory of Iowa," and regret that I am compelled to withhold from it my assent in its present form. The constitutions of many of the States prescribe the man- ner in which bills shall be presented to the Executive, and point out the time and manner of their return to the Legis- lature if objected to by the Executive. The Organic Law of Iowa Territory, is entirely silent on this subject, but de- clares, that the Governor "shall approve all laws passed by the Legislative Assembly before they shall take effect, " leav- ing the whole subject entirely to the discretion of the Ex- ecutive. Believing that a law regulating the intercourse between the Legislative and Executive branches of Government, that would not interfere with the prerogative of either, would be of mutual advantage as a rule of action to both. With this view I conferred with the committee appointed by the Coun- GOVERNOR ROBERT LUCAS 157 cil for the purpose, and consented to the details of a bill that was reported to the Council by that committee. In compar- ing 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 confer- ence, and to open the way to a mutual reconciliation of con- flicting views, has been stricken from the bill; also the time within which the Executive was required to return an act, etc., with his objections, to the Legislative Assembly, has been altered from ten to five days, with these alterations I can never concur, but am still willing to yield my assent to the 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 withhold my assent from the bill, resolution, or memorial, a special note of explanation will be endorsed with my ap- proval. Bills, resolutions, or memorials, that may be considered entirely objectionable, or of doubtful policy, will be retained under advisement or returned to the Legislative Assembly, with my objections, at such time, and in such way and man- ner as I may, for the time being, deem to be most advisable. With the foregoing observations I herewith return the bill to the Council without my assent thereto. Very respectfully, Your obt. servant, ROBERT LUCAS. 158 MESSAGES AND PROCLAMATIONS OF TO TUP: HOUSE OF REPRESENTATIVES DECEMBER 29, 1838 From the Journal of the House of Representatives, p. 150 EXECUTIVE DEPARTMENT, IOWA TERRITORY, Dec. 29th, 1838. To the House of Representatives of the Legislative Assembly. Gentlemen There was this morning presented to me for my consideration a resolution in the following words: Resolved by the Council and House of Representatives of the Territory of Iowa, that Win. B. Conway, Esq., be, and he is hereby 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. (Signed) W. H. WALLACE, Speaker H. R. J. B. BROWNE, Pres't. of Council There is no part of the resolution than can meet with my concurrence. Both the creation of the agent and the power attempted to be conferred by the resolution, I believe to be in contravention of the organic law. The Secretary of the Territory is, by the organic law, created the disbursing agent of the appropriation made by Congress, to defray the expenses of the present legislative assembly, and this legislative 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. GOVERNOR ROBERT LUCAS 159 Under this impression, I return the resolution with my entire dissent. Very respectfully, your obedient servant, KOBERT LUCAS. TO THE HOUSE OF REPRESENTATIVES DECEMBER 31, 1838 From the Journal of the House of Representatives, p. 154 EXECUTIVE OFFICE, IOWA TERRITORY, December 31st, 1838. To the House of Representatives of the Legislative Assembly: Gentlemen I herewith return the bill to divide the county of Henry and establish the county of Jefferson. My objections to the bill in its present form are, 1st, that it extends into the Indian country, 2d, that it divides surveyed townships, which I think ought in all cases to be avoided. I would therefore recommend a modification of the bounda- ries so as to bound it by township lines, and the Indian boundary line. With these modifications the bill will meet with my cordial approval. Very respectfully, your obedient servant, EGBERT LUCAS. 160 MESSAGES AND PROCLAMATIONS OF TO THE HOUSE OF REPRESENTATIVES JANUARY 4, 1839 From (he Journal of the House of Representatives, p. 176 EXECUTIVE DEPARTMENT, IOWA TERRITORY, January 4, 1839. To the House of Representatives of the Legislative Assembly: Gentlemen There was presented to me for my consider- ation a resolution in the following words: "Resolved, by the Council and House of Representatives of the Territory of Iowa, That when an act is presented to the Governor for his approval, he shall, within a reasonable time thereafter, make known to the House in which said act may have originated of his approval thereof; or, if not ap- proved of, the act shall be returned, with his objections thereto. (Signed) W. H. WALLACE, Speaker H. R. J. B. BROWNE, Pres't. of Council." I see no place in the organic law, that vests the Council and House of Representatives with the right to dictate to the Executive in the discharge of his official duties. I also, received another resolution in the following words: "Resolved, by the Council and House of Representatives of the Territory of Iowa, That the Postmaster, at Daven- port, Scott county, be and is hereby authorized to have the mail from Davenport to Du Buque conveyed in two horse post coaches, twice a week during the present session of this legislative Assembly, and that the Post Master General of the United States be memorialized by the legislative assem- GOVERNOR ROBERT LUCAS 161 bly to allow and pay the extra expenses that may be incur- red under this resolution. (Signed) W. H. WALLACE, Speaker H. R. J. B. BROWNE, Pres't. of Council." In this resolution the Council and House of Representa- tives, have, in my opinion, assumed powers that can only be exercised by the Congress of the United States, and the Post Master General under the laws of the United States. Both resolutions are herewith returned without my ap- proval. Respectfully, your ob't. servant, ROBERT LUCAS. TO THE COUNCIL JANUABY 8, 1839 From, the Journal of the Council, p. 150 EXECUTIVE DEPABTMENT, (I. T.,) Jan. 8, 1839. To the Council of the Legislative Assembly: Gentlemen I have examined the Bill submitted for my consideration, entitled u An Act to incorporate the City of Du Buque, " and find in it the following provisions, to wit: 4th Section, "That the Mayor of said city shall be elected by the qualified voters thereof, on the first Monday of March, biennially, and shall hold his office for the term of two years, and until his successor shall be chosen and qualified. And previous to his entering on the duties of his office as Mayor, shall be commissioned by the Governor, as a justice of the peace," and in defining his powers, it is declared in said section, "That he shall in his judicial 162 MESSAGES AND PROCLAMATIONS OF capacity, have exclusive original jurisdiction of all cases for the violation of the ordinances of said city, and criminal jurisdiction in all cases where, by the laws of the Territory, justices of the peace, within the county of Du Buque, are, or shall be, authorized to hear and determine, or in any manner have power to act, and for the due and efficient exercise of the power herein and hereby vested in him, he shall have power, and it shall be lawful for him to award all such process, and issue all such writs as may be neces- sary to enforce the administration of right and justice throughout said city, and for the lawful exercise of his jur- isdiction agreeably to the usages and principles of law." After defining the jurisdiction of the Mayor in certain cases, and pointing out the mode of appeals to the District Court, the section proceeds, "And the said District Court of the county of Du Buque is hereby authorized, empowered, and directed, to take cognizance of, and hear and determine all such cases as shall be brought before them by appeal, as aforesaid, and to assess such fine, and pass such judgment against the defendant or defendants as shall be provided by ordinance of said city. The Mayor shall, moreover, have power to take and certify the acknowledgments of all deeds for the conveyance or incumbrance of real or personal estate, situated in the Territory of Iowa. And it shall be lawful for him to order any person or persons, brought before him charged with the commission of any criminal offence, in any State or Territory of the United States, upon proof by him adjudged sufficient, to direct such accused person or persons to be delivered to the Governor of this Territory (or State, as the case may be) who shall GOVERNOR ROBERT LUCAS 163 cause such person or persons to be conveyed to the proper jurisdiction for trial." I will make no comments on the foregoing, further than to call your attention to the subjoined extracts from the organic law, relative to the judicial powers of the Territory, the appointment of justices of the peace, and other officers, and the act of Congress relative to fugitives from justice, and solicit a careful examination and comparison of them; and will ask the Council, whether, after such examination and comparison, they can, by any rules of construction, be reconciled. The 7th section of the Organic Law declares, that "the Governor shall nominate, and by and with the advice and consent of the Legislative Council, shall appoint, all judicial officers, justices of the peace, sheriffs, and all militia officers, except those of the staff, and all civil officers not herein pro- vided for." The 9th section of the Organic Law declares, that "the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace." Here ends the judicial power of the Territory. The 1st section of the act of Congress, relative to fugi- tives from justice, declares, "that whenever the Executive authority of any state in the Union, or of either of the Ter- ritories northwest or south of the river Ohio, shall demand any person, as a fugitive from justice, of the Executive authority of any such state or Territory to which such per- son shall have fled, and should moreover produce the copy of an indictment found, or an affidavit made before a magis- trate of any State or Territory, as aforesaid, charging the 164 MESSAGES AND PROCLAMATIONS OF person so demanded with having committed treason, felony, or other crime, certified as authentic by the Governor or Chief Magistrate of the State or Territory from whence the person so charged fled, it shall be the duty of the Executive authority, of the State or Territory to which the person so charged fled, to cause him or her to be arrested, and secured, and notice of the arrest given to the Executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear; but if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing and transmitting such fugitive to the State or Territory making such demand, shall be paid by such State or Terri- tory." The act of Congress of the 12th February, 1793, must control all proceedings relative to persons charged with criminal offences in any State or Territory, that may have fled to any other State or Territory within the United States. I will, therefore, in conclusion, solicit the Council to examine the provisions of the bill herewith returned, as above alluded to; and will ask the question, can the manner pointed out in the bill for electing the Mayor, and requiring him to be commissioned by the Governor as a Justice of the Peace, and the judicial powers attempted to be conferred upon him in the bill, be reconciled by comparison with the foregoing extracts from the Organic Law? Can the powers attempted to be conferred upon the Mayor relative to per- GOVERNOR ROBERT LUCAS 165 sons charged with criminal offences in other States or Terri- tories, be, on comparison, reconciled with the foregoing extracts from the act of Congress? I think not. Respectfully, your obt. servant, ROBERT LUCAS. TO THE HOUSE Of REPRESENTATIVES JANUARY 23, 1839 From the Journal of the House of Representatives, p. 272 EXECUTIVE DEPARTMENT IOWA TERRITORY, January 23, 1839. To tlie House of Representatives of the Legislative Assembly: Gentlemen, I have examined the bill presented for my consideration entitled An act to provide for the compensa- tion of the sheriffs of the different counties of the Territory for ordering elections and posting up notices. The first section of which commences as follows: "Sec. 1. Be it enacted by the Council and House of Representatives of the Territory of Iowa, that there shall be paid out of the sum appropriated by Congress for defraying the expenses of the Legislative Assembly of Iowa for the year 1838 '9," naming the different sheriffs and sums re- spectfully allowed. This bill in my estimation is defective and does not secure to the gentlemen therein named the several sums therein allowed. If the intention of the bill was to pay these allow- ance out of the appropriation made by Congress to defray the expenses of the present Legislative Assembly, it should have been so expressed; but if it was the intention to have 166 MESSAGES AND PROCLAMATIONS OF them paid out of the sum that may be appropriated by Con- gress to defray the expenses of the next Legislative Assem- bly, I consider that the Legislative Assembly, exceeded their power in passing it. As I observed on a former occa- sion, I do not believe this Legislative Assembly possesses any power to control either directly or indirectly the appro- priation of money that may be appropriated by Congress to defray the expenses of the Legislative Assembly. If the principle was admitted that this Legislative Assem- bly has the right to control the application of one dollar of the appropriation that may be made by Congress to defray the expenses of the next Legislative Assembly, they may upon the same principle expend the whole and leave the next Legislative Assembly without the means of defraying the necessary expenses of the session. This would be so glaring a perversion of the intention of the act of Congress, that I think the right to do so by this Legislative Assembly cannot for a moment be contended for. I therefore respect- fully solicit the attention of the Legislative Assembly to this subject and suggest that a modification may be made in the bill to provide for the payment out of the allowance of the territorial treasury. Or should Congress in their liber- ality see proper to make an appropriation to pay the excess of expenditures of the present Legislative Assembly over the appropriation heretofore made, a conditional provision might be inserted in the bill to pay these allowances out of such appropriation. The principles of the bill, making the allowance to the gentlemen therein named, I approve, but return it with the foregoing suggestion, with the hope that it may be modified GOVERNOR ROBERT LUCAS 167 so as to secure, in some way, the payment of the sum therein allowed. Very respectfully, yours, &c. ROBERT LUCAS. TO THE COUNCIL JANTJABY 25, 1839 From the Journal of the Council, p. EXECUTIVE DEPARTMENT, I. T. Jan. 25th, 1839. To the Hon. Council of the Legislative Assembly: Gentlemen I have examined the bill submitted for my consideration, (which appears by endorsement to have origi- nated in your house,) entitled "An act to authorize the Legislative Assembly to punish for contempt, and to privi- lege its members from arrest." The first section declares, "that each house of the Legis- lative Assembly shall have authority to punish, by fine and imprisonment, any person, not a member, who shall be guilty of any disrespect, by any disorderly or contemptuous behaviour," y the President, measures will be promptly adopted to remove them, and that there will be less delay in opening the most desirable portion of their country to emigration, than would have resulted from their acceptance of the terms proposed to them in the recent negotiation. But it is probable that for a long time we shall remain sub- ject to the evils and inconveniences of having an Indian population on our borders evils and inconveniences result- ing principally from their excessive and growing fondness for intoxicating drink, with which they are supplied by a depraved and vicious portion of our citizens, who, defying alike the laws of morality and of their country, furnish them the means of degradation and destruction, with a full knowledge and perfect disregard of its murderous effects upon them. To this infamous practice these unfortunate people, without exception of age or sex, are rapidly falling victims. Humanity shudders and religion weeps over the cruel and unrelenting destruction of a people so interesting, by means so dastardly and brutal, that the use of the rifle and the sword, even in a time of profound peace with them, would be comparatively merciful. Their indolent habits and aversion to labor render them peculiarly fond of arti- ficial excitement; and when absent from the chase, they will seek it in the form of intoxication, at the expense of every comfort and every necessary they possess, their horses, their guns and their blankets are unrelentingly taken from them, in exchange for the intoxicating draught, and on terms as revolting to a sense of fair dealing, as the GOVERNOR JOHN CHAMBERS 255 effects of it are to humanity and Christian benevolence. The provision made by our statute on this subject seems to be ineffectual. I cannot learn that any convictions have been had under it; the pecuniary infliction provided by it, is disregarded, and the offence continued to be perpetrated with impunity, and is increasing, the profits of it always affording a sure indemnity against the risk of conviction. I would, therefore, recommend such an amendment of the existing law on the subject, as will add imprisonment to the existing penalty, and will strictly prohibit all white persons from purchasing any articles of property from an Indian, without the written permission of the Agent appointed by the Government to take care of them, making the posses- sion of property derived from an Indian, prima facie evi- dence of its having been obtained in violation of the law; and it seems to me it would be well to require persons found in possession of spirituous liquors, near the border and under circumstances conducing to prove their object to be to sell to the Indians, to enter into recognizance with sufficient security, to be of good behavior, and making an infraction of the laws on the subject, a cause of forfeiture of the pen- alty. It is believed the moral and law abiding portion of our citizens derive no pecuniary advantage from a trading intercourse with the Indians, which they would not most willingly forego, to save them from the injuries inflicted by the vicious. There is a very industrious and valuable class of our population, who conscienciously scruple to bear arms, in whose favor there is no exemption provided by our militia laws; I would recommend that provision be made for such 256 MESSAGES AND PROCLAMATIONS OF cases, leaving them subject in time of war to pay an equiv- alent for personal service. The plan of public instruction provided by the laws of the Territory has been but very partially brought into oper- ation, whether from a defect in the system, or from inatten- tion on the part of the persons to whom the duty of organ- izing the township schools has been assigned, or both, you will probably be enabled to judge from the report of the Superintendent. I most earnestly recommend the subject to your consideration. If the system is defective it ought to be promptly altered or amended; and if those to whom the duty of carrying it into effect has been committed, can- not be induced to act under the existing provisions of the law, others should be adopted of sufficient force to .ensure the performance of every duty necessary to bring it into successful operation. The subject is one upon which no delay or neglect in any department of the government, or on the part of any persons concerned in the administration of the laws for its regulations, ought to be tolerated. The experience of the past season, has continued to dem- onstrate to the states and territories interested in the com- merce and navigation of the Mississippi, and particularly that portion of them lying above and between the Des Moines and the Rock Island Rapids, the vast importance of a removal of these impediments to safe navigation. To the rapidly increasing agriculture of this Territory to the ex- portation of its valuable mineral productions, as well as to imports, the injury occasioned by these obstructions is of great magnitude, subjecting us, (in a navigation of between two and three hundred miles) to an increase of from one to GOVERNOR JOHN CHAMBERS 257 three hundred per cent, upon the amount usually paid between New Orleans and St. Louis, and other towns below the Lower Kapids. But the evil is not confined to the very heavy tax imposed upon our exports and imports, an im- mense amount of property is annually wrecked and totally lost on these rapids, an amount which, it is believed, if added to the increased price of freights, occasioned by them, would, within the present and past years, have been almost sufficient to make a perfect channel thro' their whole extent. It is difficult to conceive a reason for the application of the national treasures to the protection and security of the foreign commerce and coasting trade of the country, in the Harbors, Bays, and Rivers on our Atlantic border and on the Lakes, (for which millions have been expended,) which will not apply with equal force in favor of an expenditure of a few hundred thousand dollars, for permanently removing com- paratively slight obstructions in the navigation of one of the noblest rivers in the world. Believing that, as citizens of the United States, contributing our just proportion of its revenues, we have a claim upon the Government for relief from the evil thus briefly brought to your notice. I recom- mend a respectful but earnest appeal to Congress in behalf your constituents, for such an appropriation for the removal of the obstructions alluded to, as will effectually protect the commerce of the Upper Mississippi against the losses and impositions to which it is now subject, from causes so easily removed by a proper application of the national means. I have recently received a letter from the Governor of Missouri, on the subject of the boundary between that State and this Territory, in which he proposes the submission of 258 MESSAGES AND PROCLAMATIONS OF the matter in controversy to the decision of the Supreme Court of the United States, upon a statement of facts, in the nature of an agreed case, which letter, with a copy of my answer to it, is herewith submitted for your considera- tion. The excess of expenditure in former years, over and above the appropriations made by Congress for the support of the Territorial Government, has given rise to a debt of between dght and ten thousand dollars, which justice to the indi- viduals to whom it is due, requires that it should in some way be provided for, and which, with the reduced amount of the appropriation for the present year, admonishes us of the necessity of strict economy in the administration of the fund put at our disposal by the General Government. I am, very respectfully, Your obedient servant, JOHN CHAMBERS. APPENDIX (I-) EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, November 10th, 1841. To His Excellency, The Governor of the Territory of Iowa: Sir The General Assembly of Missouri, for the purpose of having the question of boundary between the Territory of Iowa and this State finally adjudicated in the Supreme Court of the United States, GOVERNOR JOHN CHAMBERS 259 passed an act, at the last session, directing me to cause suit to be instituted in behalf of Uriah S. Gregory, the late Collector of Clarke County, Missouri, against the persons that arrested and imprisoned him while in the discharge of his duties. I have ascertained that the Sheriff of Van Buren County, who, with others, arrested him, resides in the Territory of Iowa; conse- quently any suit commenced against him will have be to commenced in that Territory. The object of this communication is to ascertain whether, if suit is thus commenced, the authorities of Iowa will cause to be made such an agreed case, on the record, as will ensure a deci- sion of the Supreme Court of the United States on the question of boundary. I imagine the only controverted fact is that of boundary. This being the case, I see no reason, as it is desirable that the ques- tion should be speedly and finally decided by a competent tribunal, why all the necessary facts might not be agreed. If your Excellency concurs with me in this view, the Council on the part of this State will be instructed to agree the case in such form as will present the question of the boundary. I desire to hear from you as early as will suit your convenience. I have the honor to be, sir, Your obedient servant, (Signed) TH. REYNOLDS, Governor of Missouri. (20 EXECUTIVE OFFICE, BURLINGTON, IOWA TERRITORY, 20th November, 1841. Sir I have had the honor to receive your Excellency's letter of the 10th instant, advising me of the existence of an Act of the General Assembly of your State, directing you "to cause suit to be instituted in behalf of Uriah S. Gregory, late Collector of Clark county, Mo. , 260 MESSAGES AND PROCLAMATIONS OF against the persons that arrested him in the discharge of his duties, for the purpose of having the question of boundary between this Ter- ritory and Missouri finally adjudicated in the Supreme Court of the United States and as the persons proposed to be sued, reside in this Territory," you propose to ascertain whether, "the authorities of Iowa will cause to be made such an agreed case, on record, as will ensure a decision of the Supreme Court of the United States on the question of boundary." That question, it seems to me, is one over which the Territorial authorities of Iowa have no control, the boun- dary of the Territory, as described by law, gives limits to the exer- cise of jurisdiction on the part of the Territorial Government, and prescribes the local extent of its obligations to protect those who claim to be citizens of this Territory, but by an express reservation in the law organizing the Territory of Iowa, the boundary remains subject to the future control of Congress, and at the discretion of that body any portion of the country within the limits of the Terri- tory, may be constituted a separate and distinct Government, or be attached "to any other State or Territory of the United States." If I am correct in this view of the subject, it follows that no agreement or statement of facts which the Territorial authorities could enter into, would authorise the Supreme Court to take cognizance of the question of boundary, which it is the object of the act of your Legis- lature to have settled by an adjudication of that Court, or render its decision, if it should do so, obligatory upon the Government of the United States, or control its legislation in prescribing a boundary for any future State or Territory, which it might be thought expedi- ent to form within the present limits of Iowa. I doubt, too, whether under the Constitution of the United States, the Supreme Court could, even upon a case agreed and by consent of the parties, take jurisdiction of an alleged controversy between one of the States and a Territory, remaining subject to the Legislation of Congress. With these views, it only remains for me to submit your Excellency's com- munication to the Legislative Assembly of the Territory at its next session, and if the views of that body should differ from those I GOVERNOR JOHN CHAMBERS 261 entertain on the subject, its decision shall be immediately made known to you. I have the honor to be, Your most ob't. servant, JOHN CHAMBERS, Governor of Iowa. His Excellency. THOMAS REYNOLDS, Governor of Missouri, Jefferson City, Mo. SECOND ANNUAL MESSAGE DECEMBER 7, 1842 From the Journal of the House of Representatives, p. 12 Fellow Citizens of the Council, And of the House of Repre- sentatives: Since the last annual meeting of the Legislative Assem- bly, the people of the Territory have continued to enjoy the blessings of health and peace, and industry has been re- warded with abundance. Let us, therefore, in renewing our efforts to promote the general welfare, not forget to acknowl- edge, with humility, our dependence upon the Most High, and to implore a continuance of his protection and favor. Our population has continued steadily to increase, and the progress of improvement, in the limited extent of territory open to settlement, has been most cheering. By a treaty recently made with the Sac and Fox Indians, under the direction of the President, they have ceded to the United States all their remaining claims to land in this Ter- ritory, embracing a tract of country estimated to contain ten millions of acres, a very large proportion of which is unsur- passed in fertility and beauty by any in the world abound- ing in navigable streams of the purest water, and offering inducements to its settlement at least equal to any portion of the great valley of the Mississippi. If this treaty should meet the approbation of the President and Senate, the GOVERNOR JOHN CHAMBERS 263 immediate influx of population into the country acquired by it will, in order to give effect to the laws and ensure the due administration of justice, render the organization of addi- tional counties necessary. Under the provisions of the Act of the last session u to provide for the expression of the opinion of the people of the Territory upon the subject of the formation of a State Constitution and Government, and to enable them to form a Constitution for the State of Iowa, " polls were opened in all the counties, at the time of holding the general election for members of the Council and House of Representatives, and the question of "Convention" or u No Convention" submit- ted to the voters. Returns of the result have been made to the Secretary of the Territory, (with the exception of a single precinct in one of the counties,) which show a major- ity in every county, and a large aggregate majority, against a convention. The progress of the edifice for the accommodation of the Legislature and the Public Offices at the seat of Government, has been quite as rapid and satisfactory as the means placed at the disposal of the Territorial Agent and Superintendent could have justified us in expecting. Whether the provision already made will be sufficient for the completion of the building, you will be enabled to determine after the reports of the Agent and Superintendent shall be submitted to you. The further progress of the Penitentiary buildings is arrested by the want of means to carry on the work; and, although Congress has appropriated money to pay the debts heretofore contracted for labor performed and materials furnished, we are left to regret the failure to supply the 264 MESSAGES AND PROCLAMATIONS OF means of completing it and to regret the more deeply, because, while our citizens, by their enterprise and industry are daily enhancing the value and availability of the public domain within our Territorial limits, it forms so large a portion of the great source of revenue, available to our more furtunate neighbors of the States, but prohibited to us, that, to raise revenue for such purposes by a direct tax upon those who have obtained a right to small portions of land, by the sacrifice of all their present enjoyments and many of the comforts of a more advanced stage of improvement, would be unjust and oppressive struggling, as they are, amidst the exhaustion of their pecuniary means thus produced, to erect shelters for their families, and bring into cultivation a sufficient portion of the soil for their support. Such a tax, in addition to the contributions demanded of them for indis- pensable county purposes, would operate with a degree of severity which, it is feared, the Representatives of the States in Congress do not justly appreciate. Our population, like that of most new countries, is made up, in a great degree, of enterprising and industrious individuals with young and dependent families, who, urged by the hope of bettering their condition, press forward to the frontier with very limited means; and all the money they bring with them, as well as the first products of their labor, is immediately absorbed in the purchase of small portions of land, and in efforts to render it available for their subsistence. None but those who have witnessed can justly appreciate the pri- vations, and, in many instances, the actual suffering, sub- mitted to by the enterprising and hard working inhabitants of a frontier settlement, for the procurement of permanent GOVERNOR JOHN CHAMBERS 265 homes, in even the smallest legal subdivision of the public land. To such a population, standing in the front rank of the general defence, in case of war with our savage neigh- bors, extending the march of civilization into the wilderness, increasing the population and resources of the Republic, and replenishing the national treasury, by the application of all their resources to the purchase of the public lands, (which but for their enterprise and industry would be comparatively valueless,) a just and liberal government ought not to dole out its aid with a parsimonious hand. Our criminal laws have been enacted with a view to the reformation of offenders, by the substitution of confinement and labor for punishments of a sterner character. Their due administration is inseparably connected with the use of the Penitentiary; and, in the absence of the hoped for aid of the General Government to complete it, I commend to your earnest consideration whether, under existing circum- stances, any means, not absolutely oppressive to our fellow citizens, can be devised for carrying on and so far perfecting the work as to render it more extensively available for the purposes for which it was commenced. In my last annual message I took occasion to call the attention of the Legislature to the inefficiency of the law to prohibit and punish the sale of intoxicating liquors to our Indian neighbors; but no further legislation on the subject was then deemed necessary, and the offence has continued to be perpetrated, with very few exceptions, with entire im- punity, and is increasing in frequency. I deem it, there- fore, an imperative duty again to invoke your deliberate consideration of the matter. The crime not only involves 266 MESSAGES AND PROCLAMATIONS OF a breach of positive law, and a most pernicious and degrad- ing disregard of the principles of morality and religion, but tends to produce collisions between our frontier inhabitants and the Indians, affecting life and the destruction of prop- erty, and may lead to conflicts of a more extensive and dangerous character, without some more effectual means of suppressing it than at present exist can be devised. No serious effort seems to have been made in any part of the Territory to carry into operation the plan of public instruction provided for by the existing laws; and it is to be feared that until the permission to organize township schools is rendered a positive duty, enforced by proper penalties for neglect, the laws now in force will remain inoperative. The almost total failure of the officers of our militia to make returns of the numerical strength and equipment of their respective commands as required by law, puts it out of the power of the War Department of the General Govern- ment, under the existing laws of the United States, to make such a distribution of arms to the Territory as, with proper returns and reports, we should be entitled to; and such is the universality of this gross negligence of duty, that it seems to leave the executive authority no means of correct- ing the evil but by a resort to the onerous duty of a general dismission of delinquents from command, leaving it doubt- ful whether others could be found to fill their places who would perform the duties with more efficiency. I would, therefore, respectfully suggest for your consideration the propriety of imposing pecuniary penalties for this descrip- tion of official delinquency; and (as it would be difficult, if not impossible, under existing circumstances, to constitute a GOVERNOR JOHN CHAMBERS 267 military court, in which the judges and the accused would not be found equally in default) to commit the enforcement of such penalties to the civil tribunals. The experience of another year confirms the opinion ex- pressed at the close of the last, of the vast importance to the people of the west of the removal of the obstructions to the safe navigation of the Mississippi and its principal tribu- taries. The destruction of property (to say nothing of the loss of life) occasioned by these obstructions, in the last ten or twelve months, is believed to be equal in amount to the sum necessary for their removal ; but, as a work of so much magnitude and general importance can only be effected by the concentrated action of the nation, through its Represen- tatives in Congress, we must endeavor to console ourselves with the hope that the time cannot be very remote when union and concert among the representatives of the people interested in the navigation of the western rivers, will con- vince their brethren of the Atlantic States that their interest will be best consulted by allowing to us a just participation in the benefits to be derived from the application of the national treasure to the protection and security of commerce. The west has a right to demand such a participation, and, with union and concert among its representatives, the power to obtain it. Iowa, it is true, has no voice in the councils of the nation, but her citizens are contributors to the support of its government, and have a right to expect equal benefits from its action, which it can hardly be alleged they enjoy, while hundreds of thousands of dollars worth of their prop- erty is annually destroyed upon one of the largest rivers in the world, for the want of an expenditure of a much less 268 MESSAGES AND PROCLAMATIONS OF sum than has been appropriated from the national treasury for the construction of a single breakwater or artificial har- bor in the Delaware river, for the protection of commerce. Whether it is worth while further to press this subject upon the attention of the present Congress by way of memorial or petition, is respectfully submitted to your consideration. The restrictions imposed by an Act of the last session of Congress upon the expenditure of the appropriations for the support of the Territorial Governments, as well as the sum appropriated for this Territory, indicates a necessity for re- trenchment in the usual expenses incident to your session. It is my duty, therefore, to recommend despatch in the performance of your legislative duties and economy in the expenditure of the fund appropriated for the expenses of your session. It remains only for me to assure you of my readiness to co-operate with you in such of your acts as may require executive interposition. I am, respectfully, Your obedient servant, JOHN CHAMBERS. DECEMBER VTH, 1842. THIRD ANNUAL MESSAGE DECEMBER 4, 1843 From the Journal of the House of Representatives, p. 9 IOWA CITY, December 4th, 1843. Fellow Citizens of the Council and of the House of Repre- sentatives: Since the termination of the last session of the Legislative Assembly, it has pleased the Almighty Power, in whose hands we are, to vouchsafe to the people of this Territory as great a degree of exemption from disease as has fallen to the lot of any portion of our extensive country; and although, in some localities, recent emigration and the exposure inci- dent to a want of comfortable houses for a short time, have produced bilious diseases, in a mitigated form, still it may be asserted with perfect truth, that no portion of the coun- try, watered by the tributaries of the Mississippi, has in its early settlement been more favored in the health of its in- habitants than Iowa, and while a bounteous providence has blessed us with abundance we have cause to felicitate our- selves that, the peace and personal security of our citizens have been undisturbed and unmolested in a degree which many older communities cannot boast of. Heretofore we have been prosperous, and well protected under the fostering care of the General Government, and if in some respects our commerce has not been as liberally provided for and promoted, as we had a right to expect, 270 MESSAGES AND PROCLAMATIONS OF and as an enlightened policy would have dictated, it is grat- ifying to know that the omission affects in common with us, an interest so extensive and a population so numerous now fully represented in the councils of the nation that the period cannot be remote, at which this subject will be pressed upon the government with a power which will not be easily resisted. And we may promise ourselves too, that at an early day we shall be permitted to add some additional weight to the already numerous representation in Congress from the great valley of the Mississippi, in demanding the efficient action of that enlightened body in promoting the vast and rapidly increasing agriculture and commerce of the western States and Territories. These interests have been too long permitted to languish and suffer from obstructions to the safe navigation of our rivers, which the government could, and ought to have caused to be removed, and although our former attempts to attract the attention of Congress to the subject have been unsuccessful, we owe it to ourselves to renew our efforts, and especially at this time to insist earnestly upon a full con- sideration of our claims to relief from the severe losses and heavy impositions under which we labour, from causes so easily removed by the power to which it belongs to redress the grievance; a new Congress has now assembled, and for the first time for ten years the people of the new States are represented in proportion to their numbers, we may there- fore reasonably hope for a more favorable consideration of those interests which have heretofore seemed to be too far from tide water to attract the degree of attention which their importance merit. GOVERNOR JOHN CHAMBERS 271 Our population has now, it is confidently believed, attained a numerical strength which entitles us to a participation with the States of the Union in the government of its affairs, and to the benefits of local legislation, subject to no re- straints but such as are imposed by the constitution of the United States, and as we may choose to impose in the for- mation of a State constitution. I therefore consider it my duty, respectfully to recommend, that you make provision by law for ascertaining the wishes of your constituents in relation to this important matter; and that you apply to Congress to fix and establish, during its present session, a boundary for the proposed State, and to sanction the calling of a convention, and make provision for our reception into the Union as soon as we shall be prepared to demand it. The establishment of a boundary for us by Congress, will prevent the intervention of any difficulty or delay in our admission into the Union, which might result from our assuming limits which that body might not be disposed to concede to us. Early in the month of May last, the confederated tribes of the Sac and Fox Indians, in conformity to their treaty with the United States of the llth of October, 1842, re- moved to the west of the temporary boundary established by that treaty, which has since been ascertained by actual survey and marked, under the direction of the government. The removal of these tribes has opened an extensive and very valuable portion of our territory to settlement, and the tide of emigration which immediately rushed into it, and has continued to flow ever since, shows that its value and im- portance are justly appreciated. 272 MESSAGES AND PROCLAMATIONS OF The increase of population west of the old Indian bound- ary, will render it necessary that provision be made by law for attaching some of the counties formed by the act of the last session, to the judicial districts, and placing them in all respects upon an equal footing with the counties previously organized. In the month of July last the President directed a negoti- ation to be opened with the Winnebago Indians, with a view to their removal from the tract of country known as the Neutral Ground, where their vicious habits had rendered them offensive and dangerous to the adjacent white inhabit- ants; but every effort to induce them to remove, proved un- availing, and I fear their obstinacy and almost universal intemperance, acted upon and encouraged by interested advisers among the whites, whom they look upon as their friends, will induce them to continue to resist the benevolent wish of the Government to provide a residence for them more remote from white population, and where the facilities they now enjoy for indulging in their besetting sin of habit- ual drunkenness, would not be afforded them, until their conduct will produce a necessity for compelling them to take a position less annoying and dangerous to our citizens, and less destructive to themselves. In the meantime, the War Department has caused such instructions to be given to the officer in command of the United States troops at Fort Atkinson, as it is hoped will in a great measure protect our citizens residing near the Neutral Ground against further aggressions from these besotted people. It is proper to state in this connection, that the intemper- ate habits of these Indians can be clearly traced to a de- GOVERNOR JOHN CHAMBERS 273 praved and lawless portion of our citizens, who, in defiance of the laws of the United States and of the Territory, and in total contempt of every principle of morality continue to supply them with whiskey in such quantities as to keep a large portion of them in a state of ^almost uninterrupted intoxication. The laws prohibiting this offence, impose only pecuniary penalties for a breach of them, and the frauds and extortion practiced upon the Indians by the offenders, enable them, in case of conviction, to pay the penalties imposed, and still prosecute their infamous traffic with a large profit. The fact is well known to these law- less people that their practices not only endanger their own lives, but the lives and property of their unoffending fellow citizens and cause the butchery and destruction of their Indian victims to an extent not generally known to others; but these evils produce no compunctions with them, and I earnestly recommend to you the revision and amendment of the existing laws in relation to this crime, with a view to the infliction of more exemplary punishment for its commis- sion, and if possible to ensure a more effectual execution of whatever provisions now exist or which you may deem necessary to enact for its prevention and punishment. The work on the public buildings at this place has been limited during the past season by the means placed at the disposal of the Territorial Agent, and its further prosecu- tion will depend upon such provision as you may deem it expedient to make for that purpose. The payment of the unsatisfied debts against the Terri- tory, incurred under legislative authority on account of the public buildings, ought to be provided for and met, with as much promptitude as practicable. 274 MESSAGES AND PROCLAMATIONS OF Last spring the Warden of the Penitentiary communicated to me a plan of operations which he proposed to adopt for the advancement of the work on the buildings and en- closures then in progress, and which were indispensable to the secure keeping and accommodation of the convicts; his proposition embraced what I deemed the most profitable employment of the labor of the convicts, with the least expenditure for which it was practicable to attain the object of such an enlargement of the accommodations of the insti- tution as the increase of the number of convicts demanded. The plan proposed met my decided approbation, and as the Warden proposed to incur the risk of a legislative provision for such advances as its execution might require, I assured him of my hearty concurrence in any measure which the legislature might think proper to adopt for his indemnifica- tion, and I learn from a report which he has made me, that he has very successfully prosecuted the work he contem- plated, with an expense even less than he had estimated; adding greatly to the comfort and security of the convicts, and placing the institution upon such a footing, as will with proper management enable us to avoid the necessity of future appropriations for its support. The Warden's Of- ficial Report will explain to you more at large the nature and extent of the work he has caused to be done and the expenditure he has incurred; and I respectfully recommend that provision be made by law for reimbursing him. We have still to regret that our repeated appeals to Con- gress for the means of completing this work, so necessary to the due execution of our criminal laws, have been attended with but little success, but in the relation in which we stand GOVERNOR JOHN CHAMBERS 275 to the General Government, our claim for such aid, is to my mind so undeniably just and proper, that I cannot refrain from recommending that it be again presented and urged upon the attention of that body. In my former communications to the Legislative Assem- bly, I have represented the almost universal neglect of the officers of the militia to perform their duties, and especially that their failure to report the number and equipments of their respective commands, as required by law, puts it out of the power of the War Department of the General Govern- ment to furnish us with the arms to which we would be entitled upon making proper returns. No change has taken place in this respect, and if the means of putting arms into the hands of our militia is deemed important to the safety of our extensive and exposed frontier, I would again recom- mend the adoption of such measures as will enable us to obtain them. The causes which render hopeless any effort to enforce the performance of the official duties of our militia officers, by military means, are stated at length in my last annual message, to which I beg leave respectfully to refer you. The law authorizing the organization of township schools, seems to be entirely overlooked by those to whom the duty is committed, and it is mortifying to see how little interest the important subject of education excites among us, even the school lands, or sixteenth section, in every township, are found in most cases, to be wholly neglected, and in many to have been converted to individual use, or to have been trespassed upon and pillaged to their great injury. The value of this provision for education cannot be too 276 MESSAGES AND PROCLAMATIONS OF highly appreciated, and I earnestly recommend that the County Commissioners in every organized county be not only permitted, but compelled in every instance where the school lands are found in the unauthorized occupancy of individuals, to obtain possession of them by such legal means as may be necessary for that purpose, or at their dis- cretion, to permit the occupants to become tenants, paying a moderate rent in making improvements on the land or otherwise, and covenanting to commit no waste, and to sur- render the possession to them or their successors in office, at the expiration of the term agreed upon, and that where the lands are not occupied, the County Commissioners be required to protect them against trespassers and to cause them to be settled and improved whenever it may be prac- ticable to do so. Notwithstanding the restrictions imposed by Congress upon the expenditure of the appropriations for the support of the Territorial Governments, I find that the pay and mileage of the members of the Legislative Assembly of this Territory, the pay of its officers, printing and other inci- dental and miscellaneous expense of the last session, amount to about five thousand dollars more than the appropriations made by Congress for those objects. This is the more to be regretted because the territorial treasury does not afford the means of paying the deficiency, and the persons to whom it is payable are left to the doubtful contingency of their claims being paid at the United States Treasury, and may be compelled to wait a further appropriation by Congress to satisfy them; to avoid a recurrence of such a state of things, I would respectfully recommend that your appropri- GOVERNOR JOHN CHAMBERS 277 ations of the fund allowed by Congress for legislative pur- poses, be made as specific as possible, and in no case per- mitted to exceed the fund from which they are to be paid. Despatch in the discharge of your legislative duties and economy in the expenditure of the money appropriated for the expenses of your session, may enable you to leave a considerable amount of that fund unexpended, which, on your representation, Congress would probably permit to be applied to the payment of the deficiency of last year. I beg you, gentlemen, to be assured that it will give me pleasure to co-operate with you in the adoption of such measures as may tend to promote the happiness and pros- perity of our fellow-citizens. I am, very respectfully, Your obedient servant, JOHN CHAMBERS. FOURTH ANNUAL MESSAGE MAY 5, 1845 From the Journal of the House of Representatives ^ p. 14 Fellow Citizens of the Council, And of tlie House of Repre- sentatives: Since the last meeting of the Legislative Assembly, the people of the Territory have had renewed cause of gratitude to the most High, for the many and great blessings with which he has favored them, and especially for the general prevalence of health and abundant supplies of the neces- saries and comforts of life. The tide of emigration continues to pour into our favored land a numerous and intelligent population from almost every state of the Union, and you enjoy a high and proud privilege in representing in the law making department of the Territorial Government, a people of whom it may be justly said, that in proportion to their numbers they possess as much intelligence, morality and religion as any other within the wide limits of our national sovereignty. It gives me pleasure to inform you that the laws have been duly administered, and the duties of the public functionaries faithfully performed. The Act of the Legislature of the 12th of February 1844, "to provide for the expression of the opinion of the people of the Territory of Iowa upon the subject of a State Consti- tution for the State of Iowa" resulted, as you know, in the GOVERNOR JOHN CHAMBERS 279 vote of a majority in favor of a Constitution, and Delegates for a Convention having been elected in conformity to the provisions of the act, they assembled at the Capitol in November last and performed the duty assigned them. The Constitution as it came from the hands of the Conven- tion was presented to Congress at the last Session, and an act was passed by that body for the admission of Iowa into the Union as a State, upon certain conditions, among which was our acceptance of a boundary so greatly curtailing on the North and West the limits of the proposed State, as included in the boundary adopted by the Convention, as to cause very general dissatisfaction among the people of the Territory indeed such is the general repugnance to the boundary offered us by Congress, that I believe it will with great reluctance be acceded to at any time. The vote taken at the election in last month for and against the Constitution, in conformity to the provisions of the act of the 12th of February 1844, to which I have before referred, though not yet officially ascertained, has certainly resulted in the rejection of that instrument, and there is reason to believe that the boundary offered us by Congress had much influence in producing that result. The rejection of the Constitution by the vote of the people, will impose upon you the necessity of further legislation pre- paratory to presenting anew to Congress, our claims to admission into the Union. The opinion prevails with many of our fellow citizens that at present, and under existing circumstances a majority would prefer to remain under the territorial government, to incurring the responsibilities and expenses of a State govern- f-.>r i^ee ytare rv>m the day the treaty and tin point of iaferm afoKPcsaid. 3?- ri T'^jfs when reduced to a afanjcjht line* ap vita the DOB I have explained. I XHT approbation of it. I wonUL, how- io s&ue to the CooncQ ami : s, xJnaft tke treaty to which their ftML-nair** A . :: > Ir-::_*I :: . :-: '.'. zi"^ ~~~- ]--";" accused an crtunifef to be heard, and to guard against the danger of injuntifr from an ex parte proceeding, why are those safe guards to f"*"*"" and justice Jem when :^T sane resull i- :: '>-. ;: -l^.-r-l -y :.L '*:-. 294 MESSAGES AND PROCLAMATIONS OF tion? Why not summon the individuals whose rights are to be effected by your acts? Why not give them an oppor- tunity to cross examine the witnesses upon whose evidence their most important interests are to be decided, and upon which, in most cases, their future respectability and stand- ing in society is to depend. There is an intrinsic cruelty, as well as manifest injustice, in releasing a man from the solemn obligation entered into at the altar, to "love and cherish" a helpless and confiding woman, and at the same time to stigmatize her as unworthy to claim the performance of the contract, without even granting her the privileges secured by the constitution and laws of every free country, to persons accused of the most trivial offences, of being "informed of the nature and cause of the accusation" and of being heard by themselves and their counsel. It is held by many whose opinions are entitled to respect, that the obligations contracted by husband and wife, on being united in marriage, are of that description which were intended to be protected by that provision of the Constitu- tion of the United States, which prohibits to the several states, the enactment of any law "impairing the obligation of contracts;" but whether they constitute a contract within the meaning of the expression as used in the Constitution, or not, it must be conceded that the undertaking is of at least as high import to the parties, and of more interest to those connected with them, and to society in general, than any contract merely effecting pecuniary matters, and ought not therefore to be abrogated or "impaired," but upon the clearest evidence of necessity, and upon the fullest oppor- GOVERNOR JOHN CHAMBERS 295 tunity given, of thorough 'investigation in the presence of the parties or their specially authorized representatives. The theory of our government teaches, that the most per- fect security to liberty and to individual rights, is to be found in the distribution of its powers among three distinct bodies of magistracy, and the confinement of each within the sphere prescribed by the Constitution for its action. I submit then, that the concurrent exercise of the power to dissolve the bonds of matrimony, by the legislative and judicial departments, is a departure, and a dangerous one, from the principles of our government and ought to cease. If the powers conferred by law upon the judiciary, are found too limited, let them be enlarged; still securing to the parties implicated, the unalienable and invaluable right of defending themselves, and of demanding the production of legal and competent evidence against them, before sentence of divorce is pronounced. I have heretofore given a reluctant approval to acts affect- ing individual cases of this kind, but more mature reflection and an examination of our statute books, in connection with this bill, satisfies me that too much facility and encourage- ment has been given to applications for legislative interposi- tion in such cases, and that it will be more safe and more consistent with the principles of our government to leave them to judicial action, than to continue to legislate for each particular case. JOHN CHAMBERS. 296 MESSAGES AND PROCLAMATIONS OF TO THE COUNCIL JULY 6, 1845 From the Journal of the House of Representatives, p. 204 EXECUTIVE DEPARTMENT, JOWA CITY, June 6th, 1845. I return to the Council, in which it originated, the act, entitled "An act to submit to the people the draft of a Constitution framed by the late Convention," with my objections to it. The act of the Legislature, under the provisions of which the late Convention assembled, expressly reserves to the peo- ple, the right to vote for or against the Constitution, at the April election succeeding its formation; and the ordinary course would have been, to await the action of the people upon it, before presenting it to Congress, and asking admis- sion into the Union; but the Convention did not deem it necessary to do so, and at the close of their labors adopted a memorial to Congress, asking to be received into the Union. This application for admission, before the people had determined whether they would adopt or reject the Constitution, though out of the usual course, was the less objectionable, because the Constitution put Congress in possession of the fact, that it was subject to be rejected, if such should be the pleasure of the qualified electors of the Territory, at the April election of the present year. That provision of the Constitution will be found in the sixth sec- tion of the thirteenth article in the following words: "This Constitution, together with whatever conditions may be made to the same by Congress, shall be ratified or rejected GOVERNOR JOHN CHAMBERS 297 by a vote of the qualified electors of this Territory, at the Township Elections in April next, in the manner prescribed by the act of the Legislative Assembly, providing for hold- ing this Convention: Provided, however, that the General Assembly of this State may ratify or reject any conditions Congress may make to this Constitution after the first Mon- day in April next." Congress did make provision for the admission of Iowa, by an act, entitled, "An act for the admission of the States of Iowa and Florida into the Union," in which will be found the following provision, "that it is made and declared to be a fundamental condition of the admission of the said State of Iowa into the Union, that so much of this act as relates to the said State of Iowa, shall be assented to by a majority of the qualified electors at their Township Elec- tions, in the manner, and at the time prescribed in the sixth section of the thirteenth article of the Constitution adopted at Iowa City, the first day of November, Anno Domini eighteen hundred and forty -four, or by the Legislature of the said State." It will be seen that this provision of the act of Congress goes beyond the Constitution, in providing that the Legislature of the State may, as well as the quali- fied electors, assent to the provisions of that act; but it is difficult to comprehend how a Legislature of the State can assent to or reject terms of admission, the acceptance of which is "declared to be a fundamental condition," of our becoming a State. The power to reject or accept the conditions upon which our entrance into the Union was made to depend, having been thus plainly presented to us, it is not easy to account 298 MESSAGES AND PROCLAMATIONS OF for the fact that no poll was opened or vote taken at the April election, for or against the ratification of the condi- tions upon which Congress had provided for our admission. Owing to this unfortunate oversight, and without appearing to be aware of their right to accept or reject those condi- tions by a direct vote at the April election, a question was raised among the people, whether the adoption of the Con- stitution would, as a necessary consequence, cany with it the adoption of the boundary for the new State, proposed by Congress; or, in other words, the people did not seem to understand that they possessed the same right to vote upon, and accept or reject the boundaries, that they had in reference to the Constitution itself, and this confusion in the public mind, "there is reason to believe, had much influence in producing the rejection of the Constitution." This view presents an outline of the proceedings in rela- tion to our effort to obtain admission into the Union; out of them has arisen a necessity for further legislation to carry out the previously expressed wish of the people to throw off the Territorial Government, or to ascertain whether that wish is still entertained. I had the honor, at the commencement of your present session, in my Message to the two Houses, to suggest the course of legislation which I thought best calculated to give general satisfaction in relation to this matter, and which, if adopted, would have enabled us, if such had appeared to be the will of the majority, to present anew to Congress, at the commencement of the next session, and wish to be admitted as a member of the Union. Of that particular course, however, I am not at all tenacious. There is no GOVERNOR JOHN CHAMBERS 299 Constitutional provision or established usage which should restrain a Territorial Legislature from directing polls to be opened for the purpose of ascertaining the will of the con- stituent body in relation to the adoption or rejection of any proposition for forming a Constitution, or adopting it after it had been formed, or to decide upon the terms imposed by Congress for their admission, when that power has been reserved by the Constitution, or conceded by Congress. The right to so legislate being admitted, the propriety of resubmitting the Constitution to the people by whom it has been so recently rejected, is between the people and their representatives; and the justification of it can only be found in the acknowledged fact that a great, if not a decisive, in- fluence was produced, resulting in the rejection of that instrument, by a supposed connection between it and the question of boundary. The adoption or rejection of the boundary ought to have been decided at the April election by a direct vote upon the conditions imposed by Congress upon our admission, as directed both by the Constitution and the act of Congress. It remains yet to be settled in some way before we can gain admittance into the Union. The first Monday in April having passed, the Constitution "as it came from the Con- vention," if it is adopted at the August election, will permit the Legislature of the State to accept any conditions which Congress subsequently to that time, may impose upon our admission into the Union, but that provision will be inoper- ative as to the conditions imposed by the act of Congress above referred to, because it was enacted before the first Monday in April, and they must, therefore, if the act 300 MESSAGES AND PROCLAMATIONS OF remains in force, and effect is given to the Constitution, be ultimately met by a direct vote of the people. The act under consideration declares in the eighth section, "that the admission of the State shall not be deemed com- plete until whatever conditions may be imposed by Con- gress shall be ratified by the people"- if the Constitution should be ratified at the August election, this provision of the act will be found to conflict with it. The people having failed to vote at the April election for or against the condi- tions upon which the act of Congress proposed to admit us, it would but be carrying into effect the provision of the Constitution, and of the act of Congress to allow the people to dispose of those conditions by a direct vote, at the same time that they are called upon to vote a second time for or against the adoption of the Constitution. Until that ques- tion is decided, we cannot become a State without the act of Congress referred to is repealed. I cannot, therefore, discover the propriety of withholding that question from the people. The Constitution provides for the submission of the two questions at the same election, and the neglect so to vote upon them has already given rise to much con- fusion. The Constitution which this act provides for resubmitting to the people at the August election, has not assumed an obligatory force, and can only derive it from the adoption of the people; and although it may be a proper exercise of legislative authority to fix the time and provide the manner of bringing it before the people, it is not in my opinion competent to the legislative power to alter or amend it in any particular, so as to control its operations, if it should GOVERNOR JOHN CHAMBERS 301 be adopted by the people "as it came from the hands of the Convention. " A direct attempt is made by this act to control several of its important provisions. The seventh section of the thirteenth article of the Constitution provides that "the first general election under this Constitution shall be held on the first Monday in August, next after the adop- tion of the Constitution by the people of the Territory. The eighth section of the act says that "no election for State officers shall be held under said Constitution if ratified at said election, until the admission of the State of Iowa is complete." Now if the Constitution "as it came from the hands of the Convention," is ratified by the people, at the August election, which will be the paramount law, the Con- stitution thus ratified, which says there shall be an election of State Officers on a certain day after its ratification by the people, or this act which attempts to abrogate that provision of the Constitution, by declaring that "no election of State Officers shall be held under said Constitution, if ratified, until the admission is complete?" This conflict between the Constitution and the Legislative act, would inevitably produce confusion, and if effect should be given to the act, when, and by what authority would the first general elec- tion under the Constitution be held? who would be author- ized to declare the admission of the State of Iowa to be complete ? Without such a power somewhere, and without a time fixed for holding the first general election under the Constitution, the organization of the State Government could not be effected, and we should probably be compelled to resort to the novel expedient of organizing a State Gov- ernment by Territorial legislation, if perchance the Terri- 302 MESSAGES AND PROCLAMATIONS OF torial Legislature has not ceased to exist when "the admis- sion of the State of Iowa was complete." From such a state of things nothing but inextricable confusion and diffi- culty can result. A critical examination and comparison of this act with the Constitution will expose other discrepancies of less importance; but those already stated forbid me to give effect to the act by my official approbation. JOHN CHAMBERS. TO THE COUNCIL JUNE 7, 1845 From the Journal of the Council, p. 170 EXECUTIVE DEPARTMENT, June 7th, 1845. I return to the Council, in which it originated, an act entitled "An act to provide for the better settling and adjudicating of the several titles set up to the Half Breed lands in the county of Lee," with my objections to it. This act, if carried into effect, will change the general laws of land in relation to the title and evidence of title of the Half Breed Indians therein mentioned, and those claim- ing under them, and will exclude them from severally main- taining actions for the recovery of their undivided interests in the land in question. The laws of every country affecting the rights of indi- viduals, should be equal and uniform, and I am not able to discover any reason for making the rights, whatsoever they may be, of the claimants of the Half Breed lands, an excep- tion to this rule, and am therefore constrained to withhold my official approval of this act. JOHN CHAMBERS. SPECIAL MESSAGES TO THE COUNCIL AND HOUSE OF REPRESENTA- TIVES DECEMBER 9, 1841 From the Journal of the Council ', p. 20 EXECUTIVE OFFICE, IOWA TERRITORY, Dec. 9, 1841. To the Council and House of Representatives: Gentlemen: An application to execute deeds of convey- ance to some of the purchasers of lots in Iowa City, has drawn my attention to the several legislative acts which relate to that subject; and upon a comparison of their pro- visions, I find that by the 3d section of the act of the 17th of January, 1840, entitled "An act to provide for the execution of title deeds to lots in the city of Iowa," it is provided, that "whenever the purchase money shall be paid up in full, for the purchase of any lot or lots in the city of Iowa, and as soon as the title to said lots is bona fide obtained from the General Government, the acting Commis- sioner shall make out the requisite title deeds to the pur- chaser or purchasers for the same, in conformity with the certificate or purchase to be signed by the Governor and the seal of the Territory affixed thereto, and countersigned and acknowledged by the said acting Commissioner," (see page 111, acts 1840.) And by the 6th section of the act of 24th of July, 1840, entitled "An act directing the valuation and 304 MESSAGES AND PROCLAMATIONS OF sale of lots in Iowa City, and to provide for executing deeds for the same," it is enacted "that whenever full payment shall have been made for any lot or lots in Iowa City, the acting Commissioner of public buildings shall give to the person or persons entitled thereto, a certificate of final pay- ment for the same;" and by the 7th section of the same act, it is provided "that whenever any certificate of final pay- ment for lots in Iowa City shall be presented to the Secre- tary of the Territory, he shall file the same in his office and make out a deed of conveyance in accordance with such cer- tificate, which deed of conveyance shall be sealed with the seal of the Territory, signed by the Governor and counter- signed by the Secretary of the Territory, and when thus executed, shall convey to the grantee a title in fee simple to the lots therein described;" and by the 8th section of that act, it is made the duty "of the Secretary of the Territory to keep a record in his office of all deeds of conveyance made out by him under the provisions of this act." It repeals "all acts and parts of acts that are in contraven- tion" of its provisions, (see page 6, acts of July session 1840.) By the 17th section of the act of January 10th, 1841, entitled "an act providing for the appointment of a super- intendent of public building at Iowa City, and the appoint- ment of a Territorial agent, and for other purposes," it is provided "that the duties required by the third section of "an act entitled an act to provide for the execution of title deeds to lots in Iowa City, and for other purposes, shall hereafter be performed by the Territorial agent," &c. (See page 61, acts of 1840-41.) GOVERNOR JOHN CHAMBERS 305 The effect of this last act is to revive the third section of the act of the 17th, January 1840, requiring the Superin- tendent (or now, in his stead, the Territorial agent) upon the receipt of full payment for any lot, to make out and countersign a deed of conveyance for it, to the purchaser, to be signed by the Governor, and the revival of that sec- tion in effect defeats the provision of the act of July, 1840, requiring the certificates of payment to be filed in the office of the Secretary of the Territory, and the deeds to be made out ty him to be recorded in his office. It seems probable that the revival of the third section of the act of January 1840, was made without adverting to the provisions of the act of July of that year, and as it removes that salutary check upon the agent which requires his certificates of pay- ment to be filed with another officer of the Government, and leaves the holders of deeds for lots in this city without any provision for recording them, I would respectfully sub- mit to your consideration, the propriety of such a modifica- tion of these laws, as will restore the provisions of the act of July 1840, or require the filing of the certificates of pay- ment in some one of the public offices, other than that from which they emanate, and direct the title deeds to be recorded. Respectfully, Your ob't servant, JOHN CHAMBERS. 306 MESSAGES AND PROCLAMATIONS OF ENDORSEMENT OF A BILL MAY 20, 1845 Prom the Journal of the House of Representatives, p. 95 Mr. Hunger, from the Committee on Enrollments re- ported back to the House, "An act, to repeal the Charter of the Miners' Bank of Dubuque, and to provide for winding up the affairs of the same, " with the following endorsement thereon: "This Bill received at the Executive Office on the 15th of May 1845, and retained until the 20th, and then returned to the Committee from which it was received." (Signed,) JOHN CHAMBERS, Governor. PROCLAMATIONS TO PREVENT TRESPASSING UPON CERTAIN LANDS MAY 11, 1842 From the Iowa City Standard, Vol. II, No. 25, May 21, 1842 By the Acting Governor of Iowa Territory WHEKEAS it has been represented to me that many of the citizens of this Territory, and of the adjoining States, under the impression made by certain letters which have appeared in the Burlington and other papers, that that portion of Iowa Territory south of the Des Moines river has been ceded to the United States by the Iowa Indians, and now belongs to the Government, have unwarrantably crossed over into it with a view of settling there: I do hereby warn them that in so doing they are violating the laws of the Government for the protection of the Indians, and com- mand them to refrain from all attempts to locate there. And as it has been also represented to me by the Agent of the Sacs and Foxes that they go over despite of his remon- strance against it, I have this day, by virtue of the power in me vested as acting Governor of Iowa Territory, and Superintendent of Indian Affairs, and authority from the Department of War, with a view to preserve peace on the frontier, made a requisition for certain troops, promptly to remove all intruders from the Indian Territory. And I would further notify all concerned, that all persons going 308 MESSAGES AND PROCLAMATIONS OF into that country save those legally authorised so to do, will be looked upon as intruders, and driven out by force. O. H. W. STULL, 1 Acting Governor, and Superintendent of Indian Affairs. EXECUTIVE OFFICE, BURLINGTON, I. T. May llth, 1842. DECLARING THE VOTE ON THE QUESTION OF A CONVENTION MAY 1, 1844 From the Iowa Standard, Vol. IV, No. 20, May 16, 1844 RETURNS having been made to the office of the Secretary of the Territory, of the votes taken in all the organized counties thereof, except Washington, Clayton and Davis, at the times and places of holding the Township Elections in the month of April last, in conformity to the provisions of an act of the Legislative Assembly entitled "an act to pro- vide for the expression of the opinion of the people of the Territory of Iowa upon the subject of the formation of a State Constitution for the State of Iowa," approved 12th February, 1844; and the said votes so returned having been counted in the presence of the undersigned, Governor of the said Territory, and examined and compared by him. It is hereby declared and made known (in compliance with the spirit and intention of the said act) that there were given, in the counties from which returns have been received, six *Mr. Stull was the Secretary of the Territory who, for the time being, was acting as Governor. The Editor. GOVERNOR JOHN CHAMBERS 309 thousand seven hundred and nineteen votes, for a Conven- tion, and three thousand nine hundred and seventy four votes against it, making a majority of two thousand seven hundred and forty -five votes in those counties in favor of a Convention, and as that majority exceeds by upwards of a thousand the aggregate votes cast in the said counties of Washington and Clayton at the election held in October last for a delegate to Congress, and Davis being one of the recent organised counties, it is manifest (in the absence of the returns from the three counties aforesaid,) that there is a large majority of the legal votes in the Territory in favor of a Convention. It will therefore become the duty of all officers and persons concerned in making preparation for and conducting the general election to be held in the month of August next, to conform to the provisions of the Legis- lative assembly aforesaid, for the election of members of a Convention to form a State Constitution for Iowa. In testimony whereof I have caused the seal of L. S. the said Territory to be hereunto affixed. Done at the city of Burlington this first day of May, in the year 1844. JOHN CHAMBERS. ON THANKSGIVING OCTOBER 12, 1844 From the Iowa Standard, Vol. IV, No. 48, Nov. 28, 1844 Territory of Iowa; At the request of many of my Fellow Citizens, I have deemed it proper to recommend that Thursday, the 12th day of December next, be observed throughout the Terri- 310 MESSAGES AND PROCLAMATIONS OF tory, as a day of general Thanksgiving to Almighty God for the many and great blessings we enjoy as a people and individually, and of prayer and supplication for the contin- uance of his mercy and goodness towards us; and for the prosperity, happiness and ultimate salvation of the Ameri- can people. We are told that, "righteousness exalteth a nation," and are taught by divine authority that the voice of thanksgiv- ing and prayer is acceptable to our Father in Heaven. Let us then, on the day designated, unite our voices, in the humble hope that they will reach the Throne of Grace and obtain for us a continuation and increase of blessings. Done at the Executive Office, in the city of Bur- SEAL lington, this twelfth day of October, in the year of our Lord, 1844. JOHN CHAMBERS. By the Governor: S. J. BURR, Secretary of the Territory. DECLARING THE VOTE ON A STATE CONSTITUTION MAY 9, 1845 From the Iowa Capitol Reporter, Vbl, IV, No. 14, May 10, By an act of the Legislative Assembly entitled "An Act to provide for the expression of the opinion of the people of the Territory of Iowa, upon the subject of the formation of a State Constitution for the State of Iowa;" approved 12th Feb'y, 1844, it is made the duty of the Secretary of the Territory to open and count in the presence of the Governor, the votes given at the April election of the present year, GOVERNOR JOHN CHAMBERS 311 for and against the Constitution prepared by the Conven- tion, which should be elected under the provisions of the act, and thereupon the Governor is required to make known by proclamation, the result of the said vote and the Sec- retary having opened and counted in the presence of the undersigned, Governor of the said Territory, the returns of all the votes given for and against the Constitution in all the organized counties, except Davis and Appanoose, from which no returns were received, there is found to be an aggregate majority of one thousand and sixty- two votes against the Constitution, and the Secretary reports from the information of the members representing the counties of Davis and Appanoose in the Legislature, that they gave an aggregate majority of sixty-eight for the Constitution, but whether this be strictly correct or not, it is well known that the whole number of voters in those counties is not equal to the majority cast against the Constitution in those from which returns have been received. Therefore, I John Chambers, Governor of the said Territory do declare and make known that a majority of the legal voters have voted against the said Constitution and that it is rejected. In Testimony Whereof, I have caused the Seal of SEAL the Territory, to be hereunto affixed. Done at Iowa City, this 9th day of May in the year 1845. JOHN CHAMBERS. S. J. BURR, Secretary of Iowa Territory. GOVEKNOE JAMES CLAEKE BIOGEAPHICAL SKETCH James Clarke, the third and last Governor of the Terri- tory of Iowa, was born in Ligonier Valley, Westmoreland County, Pennsylvania, on July 5, 1812. He left home at an early age, and learned the printer's trade. As a printer he sought and found employment in several places including Harris burg, Pennsylvania. In 1836 he decided to go West. At St. Louis he secured a position in the office of the Missouri Republican. It was about this time that the original Territory of Wis- consin was established by Congress. Mr. Clarke was attracted by the opportunities afforded by this new Terri- tory. With Mr. John B. Russell he joined in the publica- tion of a newspaper (the Belmont Gazette) at Belmont, the newly appointed capital of Wisconsin. This was in the fall of 1836. When the First Legislative Assembly of the Ter- ritory met in October, James Clarke was named as the printer for the Territory. When it was decided to remove the capital to Burlington (Iowa) Mr. Clarke hastened to the new seat of government west of the Mississippi, and founded the Wisconsin Territorial Gazette and Burlington Advertizer. Prior to the establishment of the Territory of Iowa in 1838, Mr. Clarke was appointed Territorial Librarian by Governor Dodge. Upon the death of Wm. B. Conway (first Secretary of the Territory of Iowa) President Van Buren appointed Mr. Clarke Secretary of the Territory of 316 JAMES CLARKE Iowa. In 1844 lie became Mayor of Burlington; and dur- ing the same year he served as a delegate to the First Con- stitutional Convention which convened at Iowa City. Upon the removal of Chambers by President Polk, Mr. Clarke was appointed to the office of Governor of the Territory of Iowa, which position he held from November, 1845, to December, 1846. In 1840 he married Christiana H. Dodge, a daughter of Henry Dodge, the first Governor of the original Territory of Wisconsin. In 1850, at the age of thirty-eight, Mr. Clarke died a victim of the cholera plague. One son and his wife had met a similar fate a few weeks before the death of the ex -Governor. BIBLIOGRAPHICAL NOTE. Iowa Historical Record, Vol. IV, p. 1. Annals of Iowa, 3d Series, Vol. IV, p. 482. Annals of Iowa, let Series, Vol. V, p. 786; Vol. VII, p. 320. FIRST ANNUAL MESSAGE DECEMBER 3, 1845 From the Journal of the Council, p. 11 Gentlemen of the Council and of the House of Representa- tives: With less than a fortnight's notice of my appointment to the discharge of the Executive duties, during the greater portion of which brief period I have been prostrated by sickness, I find myself called upon, as a co-ordinate branch of the Legislature, to communicate with you in relation to such subjects, both of a local and general character, as in my judgment are deemed to have a bearing upon the com- mon interests of the people of Iowa. Deprived, as I thus have been, of the time and opportunity essential to the proper discharge of this duty cut off from all opportunity of investigation into past legislation, so as to be enabled to recommend remedial action where defects might be found to exist denied, even, it may be said, time sufficient for common reflection I have great reason to fear that many subjects will be passed over in this communication, which, upon a more ample survey of the public wants and require- ments, would have been pressed upon your attention. The regret, however, which I feel in anticipation of such a dis- covery, is materially abated by the knowledge that your action can in no wise be effected by the omission. Happily for the people, their Representatives in the discharge of 318 MESSAGES AND PROCLAMATIONS OF their duties as Legislators, are not necessarily governed by Executive recommendations; neither are they precluded from considering and acting upon any subject by Executive omission. You assemble, Gentlemen, under auspicious circumstances. Peace pervades the land and plenty every where abounds. The earth, during the season just past, has been unusually abundant in its yield, both externally and internally. From its face, the husbandman has gathered bountiful crops, which he is enabled to dispose of at something more than a living profit; while more than ordinary success has attended the labors of that adventurous, and not inconsiderable por- tion of our citizens, whose avocation it is to search for, and bring to light, the rich treasures which are concealed beneath. Labor, though still commanding less than could be desired, finds ready employment; and industry, plied with ordinary skill and perseverance, fails not of securing the necessaries, and even the comforts of life. These are blessings of inestimable value; but I much regret that, in enumerating them, I am compelled to omit that most im- portant of all blessings which can be vouchsafed to any people the prevalence of general health. The people of Iowa have suffered severely from .sickness the past season; nor is it any consolation to them to know that their fellow citizens in all the western States have been similarly visited, except so far as it establishes the fact that there is nothing in our soil or climate peculiarly favorable to disease. Bow- ing in humble submission to the affliction, our duty would remain but half discharged, did we forget to return our grateful and fervent thanks to that Providence which rules GOVERNOR JAMES CLARKE 319 over all things, and from which all good emanates, for the manifold blessings we have been permitted to enjoy. Since your adjournment in June last, a most important question has been decided by the people, the effect of which is to throw us back where we originally commenced in our efforts to effect a change in the form of government under which we at present live, I allude to the rejection of the Constitution at the August election. This result, however, brought about, in my judgment, is one greatly to be de- plored. That misrepresentation and mystification had much to do in effecting it, there can be no doubt; still it stands as the recorded judgment of the people; and to that judg- ment, until the people themselves reverse the decree, it is our duty to submit. Having from absence and indisposi- tion, been denied all opportunity of ascertaining public feeling at present in relation to this subject, I do not feel prepared to urge upon the Legislature any particular course of conduct to be pursued. The members themselves come fresh from the people, and are presumed to be advised of the wishes of their constituents as to what action, if any, should be had in reference to the question. Being thus advised, they will doubtless adopt such measures as are called for by the public sentiment, and adhering, as I do, to the opinion long entertained and frequently expressed, that the prosperity of Iowa would be greatly advanced by her speedy incorporation into the Union as a State, it affords me great pleasure to assure you that whatever steps may be taken by you, looking to that desirable result, and in my judgment calculated to effect it, will receive my hearty co- operation. 320 MESSAGES AND PROCLAMATIONS OF The increase in the population of Iowa within the last year may be assumed with great confidence to have exceeded that of any former year. The rapidity with which settle- ments have extended back is truly astonishing. From the narrow strip of country purchased in 1832, some forty miles in width, extending up and down the Mississippi, and upon which the first settlements were made, we have seen our Territory extend itself on the West, step by step, until its limits approach to within a short distance of the Missouri river, if, indeed, that point be not already gained. In accordance with the stipulations contained in the treaty negotiated by my predecessor in office in 1842, the Sac and Fox Indians, early in the past fall, quietly and peaceably abandoned the whole of the country owned and occupied by them in Iowa, and proceeded to the new home provided for them by the government, lying South and West of the Missouri. A vast country, much of which is described by those who have been over it as exceedingly valuable, is thrown open to settlement; emigrants are already seeking it; and in a year from the present time, judging the future by the past, a population amounting to many thousands may be expected to be scattered over its face. In view of this reasonable anticipation, I respectfully recommend the division of the newly acquired district into counties of such size as shall comport with the judgment of the Legislature, to be attached to the counties most contiguous to them which are organized. It will probably be found too, upon inquiry, that some of the counties at present laid out, but not yet organized contain inhabitants enough within their limits to support county governments of their own; and if so, provision should be made for their speedy organization. GOVERNOR JAMES CLARKE 321 While alluding to the subject of the extension of our organized Territorial limits, it is proper that I should refer to the failure of the attempt made by the government in August last to purchase from the Winnebagoes the country at present occupied by them, known as the "Neutral Ground;" and, in the same connexion, also make mention of the recent visit of a delegation of Pottawatamie chiefs to Washington for the avowed purpose of entering into nego- tiations with the government for the relinquishment of their title to all the lands belonging to them lying within our borders. The Winnebagoes, it would seem, entertain an insuperable objection to removing beyond the Missouri river, the region designated as their future residence in all the propositions of purchase which have heretofore been submitted to them by the government. Three several attempts to treat have been made within as many years, and all attended with equally ill success, the chief obstacle upon each occasion being the one already alluded to. The Indians are not understood to be particularly wedded to the country now inhabited by them; but having ever resided in the North, their feelings and prejudices are all against emi- grating South. Could a new home be provided for them in the North, I have good reason to believe that little or no difficulty would be experienced in inducing them to remove to it; but until some step of the kind is taken all our efforts to extinguish the Winnebago title to their lands may be expected to result in failure. The Sioux nation of Indians own a vast and extensive region of country bordering on the Mississippi, and running up near to its head waters, a portion of which, sufficiently extensive for the Winnebagoes 322 MESSAGES AND PROCLAMATIONS OF to hunt and reside upon, it is believed the government might obtain at a comparatively trifling expenditure. The aversion of the Indians to going South being well known to those who exercise the control of the Indian Department, may we not look for, and should we not solicit a change of policy in this particular? The subject being one of the first importance to the people of Iowa at large, but more especi- ally that portion of them who reside in the counties border- ing on the Indian lands, some expression of the views enter- tained by the Legislature in relation to it would seem to be called for. The result of the visit of the Pottawatamie delegation to Washington has not yet transpired, but I entertain strong hopes that it will prove to be all we desire. The question of boundary between the State of Missouri and this Territory still remains unsettled; but I am happy to inform you that no collision of a serious character has taken place in consequence of the dispute since your adjourn- ment. The continuance of this amicable state of things is greatly to be desired. While no conceivable good could possibly result to the claim of either party from rupture and open conflict, much evil would inevitably ensue to both. As one of the parties to the dispute, however, it is our duty to lend all our assistance in furthering the speedy adjust- ment of the question in such manner as may be agreed upon; and as Missouri has indicated her willingness to sub- mit the question to the decision of the Judicial tribunals of the country, I know of no better course to pursue than that recommended by my predecessor, in one of his latest official communications to the Legislature, viz: to memorialize Con- gress for the passage of a law which will enable the Terri- GOVERNOR JAMES CLARKE 323 tory to go into the Supreme Court as a party in the case. The absence of sovereignty, it is held by those who have investigated the subject, cuts us off from the privilege at present. True, the issue can at once be made up as soon as we are admitted as a State; but should Congress respond favorably to our request at its present session, it is probable the question would be finally put to rest even while we remain a Territory. A subject of deep importance to a large and enterprising portion of our citizens, and one in relation to which the Legislature should not fail to speak out, is the disposition by the general government of the mineral lands lying in this Territory and elsewhere. The system which at present prevails of leasing these lands, is justly obnoxious to those engaged in the uncertain occupation of mining, and should be abolished at the earliest possible day. Unlike some of the despotic establishments of the old world, where excess of tribute is extorted from the people under almost every imaginable plea, in this country we have a government which aims at the happiness of the governed; and when this happiness is most equally and most generally diffused, then may the government be said to have best performed the object for which it was instituted then is it strongest. It would be a gross perversion of the spirit of our institutions were the government, as proprietor of our vast landed domain, to refuse to sell any portion of such domain to individual purchasers; but, transforming itself into a grasp- ing landlord, would require of every settler who might go upon the lands and cultivate them, the payment of a certain per cent upon all the products raised by him, as rent. And 324 MESSAGES AND PROCLAMATIONS OF yet, such is precisely the operation of the system now pur- sued in relation to the mineral lands; the government not only refuses to relinquish its interest in them, but it extorts a heavy tax from all who work them. Instead of aiding and encouraging the enterprise of the citizen, the effect of the policy is to cripple his energies and palsy his industry. I conceive the whole system to be eminently unjust in its bearing upon a large number of the inhabitants of this Ter- ritory, and hope soon to have the pleasure of witnessing its overthrow. It is the opinion of intelligent men who have had opportunities of advising themselves on the subject, that the labor employed in the business of mining is worse paid for, in the aggregate, than that employed in any other branch of industry. Men toil for years frequently, without meeting with the slightest encouragement; and if, in the end, success crowns their perseverance, the government, like a hard task -master, immediately steps in and wrests from them such a portion of their hard earnings as it may suit its convenience to demand. The best course, undoubtedly best for the government, and best for the miner would be to sell the lands as other lands are sold, varying only in the particulars of quantity and price, which might easily be regulated to the satisfaction of all. An expression of opinion by you, Gentlemen, on this important subject, at the present time, could scarcely fail of being attended with salutary results, particularly, as it is understood, a revision and modification of the system will be attempted this winter. The improvement, by slackwater or otherwise, of that most beautiful of all rivers, the Desmoins, is a subject in which deep interest is felt by our fellow citizens, residing in GOVERNOR JAMES CLARKE 325 the Western and Southern counties. Coursing, as it does, through a very fertile and densely populated portion of the Territory, this stream once rendered susceptible of steam navigation, would soon become the thoroughfare for a vast amount of inland trade. The practicability of so improv- ing it is generally conceded; but being destitute ourselves of the means necessary to its accomplishment, the question at once presents itself, "how, and at whose expense, is the work to be done?" At present we have but one resource to turn to, and that is the general government. Grants of lands have been made in several instances by Congress to works of infinitely less importance; and for any reasonable donation of this kind to the improvement in question the government might safely calculate upon being speedily reimbursed, in the increase of its receipts from the lands lying contiguous to the river. A memorial to Congress, setting forth the subject in its proper light, might possibly receive a favorable reception at the hands of that body. Whether or not such a memorial shall be adopted, is for you to say. The rapid accumulation of the public debt of the Terri- tory is beginning to attract the attention of the people, who, as the period approaches at which they expect to be called on to support the expenses of a state government, naturally seek to advise themselves of the extent of the burthens they are about to assume. That our liabilities, with our legislative and judicial expenses borne by the gen- eral government, should have reached their present aggre- gate, is truly unaccountable. What is past, however, can- not be repaired; we can only guard against the augmenta- 326 MESSAGES AND PROCLAMATIONS OF tion of the debt in future. To do this effectually, it will be necessary to institute a more rigid system of enquiry and investigation into the justness and legality of claims brought against the Territory than has heretofore prevailed. It will also be found, upon examination, that under our laws there are some items of expenditure chargeable to this fund which might be either diminished, or totally done away with, with- out serious detriment to the public interests; and in all such cases, I take it for granted, the proper corrective will be applied. If possible, also, some measures should be adopted to ensure the more regular payment of the Terri- torial tax into the treasury by the county collectors, much delay and irregularity in this particular having heretofore prevailed. The reports of the Auditor of Public Accounts, Commis- sioner of Public Buildings, and Warden of the Penitentiary, not being yet before me, I am unable to communicate to the Legislature any information in relation to those subjects which it is not already in possession of. These documents will doubtless be forthcoming at the proper time; and at a day early enough to admit of such action in reference to them as in your judgment will best advance the public interests. The evils of overlegislation are so generally acknowledged, that any attempt by me to impress the important truth upon your minds, would justly be looked upon as supererogation. At the same time that we concede the evil, however, we have not avoided running into it; for perhaps no community ever suffered more severely from the cause in question, than have the people of Iowa. Stability in the laws (presuming GOVERNOR JAMES CLARKE 327 them to be wisely framed) is of the utmost importance to those for whose benefit they were enacted; but with us, few enactments are permitted to remain long enough on the statute book to permit their wisdom to be tested. The magnitude of the evil is felt and complained of by the pub- lic ; and I should feel that part of my duty had been omitted, did I pass by the subject without, in some manner, alluding to it. In view of our admission into the Union as a State at an early period, the fewer the changes made in our statute book, the better. Acts of pernicious tendency, it is true, should not be permitted to remain in existence after being tested and condemned by time; but the point to be avoided is, legislation for legislation's sake. I trust and believe that the Legislature will be found to entertain views on this subject similar to my own; and that, animated by wise counsels and patriotic considerations, it will limit its action to such subjects only as are of pressing importance, and are conceded to require the interposition of the law. Economy in the expenditures of the fund set apart by Congress for the Legislative expenses of Iowa is of the first importance, and cannot be too rigidly practised. The appropriation being amply sufficient, as I conceive it to be, after paying off all the arrearages of the May session, to defray the expenses of a session of such duration as the pub- lic wants require, we should incur a heavy load of responsi- bility indeed, were we to contract an excess of liabilities, especially as such excess would inevitably fall upon the Ter- ritorial treasury, and would thus be made to swell the load of debt, already sufficiently large, which the people will be required to assume upon the organization of a State Govern- ment. 328 MESSAGES AND PROCLAMATIONS OF I avail myself of the opportunity to say, in conclusion, that it will afford me great pleasure to co-operate with the Legislature in all measures calculated to exert a favorable influence upon the destinies of our Territory, and the hap- piness of its people. Uniting, as we undoubtedly shall, in our efforts to effect so desirable a result, my sincere prayer is that we may not be disappointed in our anticipation of the effect of our works. JAMES CLARKE. DECEMBER 3, 1845. SECOND ANNUAL MESSAGE DECEMBER 2, 1846. From the Journal of the House of Representatives ', p. 10 Gentlemen of the Senate, and of the House of Representa- tives: Of the many wise features of our excellent system of gov- ernment, there are none more worthy of admiration than the mode provided, by the Constitution, for the introduction of new States into the Federal Union. While other countries have resorted to force and violence to enlarge their posses- sions and extend their sway, it has been reserved for the United States to achieve these results by a policy eminently simple and pacific. Under this policy infant settlements have been nursed, territories established, and sovereignties finally organized, until a greater number of States than were originally embraced within the confederacy have been added to the Union, each imparting additional vigor and strength to the parent government. At the present time we have an illustration of the wonder-working results of this influence in the history of events within our own limits. In a period of eight years, under the fostering protection of the general government, Iowa, as a territory, has gone on to increase in wealth, population, and the development of her resources, until a majority of her citizens have become impressed with the conviction that it is their duty to establish and sustain a 330 MESSAGES AND PROCLAMATIONS OF government of their own. They have accordingly adopted a Constitution, and taken other necessary preliminary steps looking to a state organization ; and nothing remains to com- plete the admission of the State into the Union but a com- pliance, by Congress, with the few and simple forms rendered necessary by the Constitution and by usage. With a full knowledge of the pecuniary sacrifices involved in the change, it has been made; and sensible of the extent and character of the new obligations which the support of a State govern- ment could not fail to impose, they have been voluntarily and cheerfully assumed. Having thus given the highest possible evidence of her attachment to the Union, Iowa will henceforth take her place with her sisters as a member of the confederacy, exercising her proper weight in the admin- istration of the government, and receiving equal protection and favor with the older States. Upon this civil revolution in our form of government, effected, not through coercion, but by the silent operation of public opinion, I beg leave most respectfully to congratulate the members of the State Legislature. With a constitution, republican in its character, and containing guards against improvidence and restrictions upon class legislation, we may hope to escape many of the abuses and evils which of late years have brought ruin and blight upon other portions of our common country. The prevalence of wise and patriotic counsels, such as I am sure will animate those connected with the several branches of the government, is all that is necessary to a happy commencement of our existence as a State. At such a time it becomes us not to rely solely upon human effort; the aid of Him, in whom rests the perfection GOVERNOR JAMES CLARKE 331 of all wisdom, should be sought, and a continuance of His favor to us as a people invoked. I regret that it is not in my power to congratulate you upon the continuance of friendly relations between the United States and all other governments, such as existed at the time of my last annual communication to the Territorial Legislature. Since that period a termination has been put to the good understanding previously existing between our own government and the Republic of Mexico, under circum- stances which must relieve the former from all responsi- bility for the consequences which may ensue. For the first time, within thirty years, our country finds itself an unwill- ing party to a war, rendered necessary to repel invasion, to enforce a compliance with violated treaty obligations, and to resent multiplied and aggravated instances of insult to our flag aud injury to our commerce. While we cannot but lament the occurrence of any event calculated to interrupt the peace of the world, and especially that hostilities should be permitted to exist between sister republics of the same continent, it is peculiarly gratifying to our national pride to witness the readiness with which the citizen soldiery of America have responded to the call made upon them for their services, and the gallant manner in which, wherever the opportunity has been presented, they have ' sustained their own and their country's honor. The additional satis- faction is also ours of knowing that the American arms, although employed against superior forces, have thus far been completely victorious. Mexico having rejected the overtures made by our government since the commencement of hostilities for the renewal of negotiations, with the view 332 MESSAGES AND PROCLAMATIONS OF of effecting an amicable adjustment of the difficulties between the two countries, a rigorous prosecution of the war is be- lieved to be the course required by true policy, and best calculated to secure a speedy and permanent peace. In a cause so just I cannot doubt that the nation will be found united in furnishing all the aid, of whatever description, which may be found necessary ; and it gratifies me to be able to state that Iowa has already evinced her willingness to contribute more than her proportionate share of men to the common defence. Under an act of Congress, authorizing the acceptance by the President of the services of fifty thousand volunteers, a requisition was made upon the Terri- tory, in the early part of summer, for one regiment of volunteer infantry, to be raised and held in readiness for service whenever required. This force was enrolled and or- ganized into companies in an unusually short period of time, and at present stands reported to the President as ready for orders. Should it be called into the field, I have every con- fidence that the honor and reputation of the State will be creditably sustained. One of the most important subjects, demanding legisla- tive interposition, at the present session, will be that of providing ways and means for the support of the State government. In the discharge of a task so delicate, and of such magnitude in its consequences, I cannot but express a hope that resort to temporary measures of relief may be avoided, and that the responsibility may be fairly and fully met, by the establishment of a permanent revenue system; which, after the first year, will secure to the treasury an annual income adequate to the public wants. Such a step GOVERNOR JAMES CLARKE 333 is believed to be called for by considerations of sound policy, and justified by the events which render it necessary. It would be an unwarrantable imputation upon the intelli- gence of the people, to suppose that they omitted to inform themselves of the burthens the support of a State govern- ment would impose upon them when they ratified the Con- stitution; and to question their willingness now to assume those burthens, might well be regarded as a stigma upon their patriotism. The details of such a system properly belong to the legis- lative branch of government; but in maturing them, it is respectfully suggested that a wide field exists for reform and improvement. The revenue laws at present in existence are radically defective, and call for amendment. It cannot be denied that under the Territorial organization, with all our legislative, executive and judicial expenses borne by the General Government, a system of taxation exceeded for severity by but few of the States of the Union has pre- vailed. While these excessive levies have been submitted to, the necessity for their imposition has been denied. The time is believed to be at hand when the reform in this par- ticular, looked for in vain for so long a period, is imperi- ously demanded by public opinion; and I confidently antici- pate the adoption of such measures, by the Legislature, as will correct the evil in future. The necessity for a State Tax, equal to the support of an economical administration of the government, such as is contemplated by the Constitu- tion, is immediate and obvious; but I should regret to be forced to the conclusion that the burthens of the people must be thereby necessarily increased to the amount of such :m MESSAGES AND PROCLAMATIONS OF new levy. Under such an accumulated load of obligation their energies would sink, and enterprise and industry might be expected to take their flight to less expensive and better governed lands. I cannot permit myself to doubt, that if the subject is approached with an eye singly to the public interests, a reduction can be made in the county and town- ship rates, without in any degree impairing the usefulness of these corporations, equal to any amount of revenue which it may become necessary to collect for State purposes. The abolition of all useless offices, and a reduction of the fees of all officers to the lowest standard which will admit of a fair equivalent for services rendered, will do something towards effecting this result, and is most earnestly recommended. A further reduction of the county machinery might be made, and a corresponding saving be effected to the people, by uniting two or more of such of the offices as cannot be dispensed with, and devolving the discharge of their duties upon a single person. Where this can be done without det- riment to the public interests, I conceive it to be a highly proper reform, called for by considerations of economy, and desirable as a check upon the thirst for public station which is known to prevail in Iowa in common with other portions of the country. Offices, under our government, are created for the people, and not for the benefit of the incumbents; and to multiply them beyond the number ascertained to be absolutely necessary, is a departure from that simplicity which was originally intended to enter into our institutions. It is also a subject well worthy the consideration of the Leg- islature, whether officers in the receipt of fees, such as sheriffs, clerks, etc., should not be required to transact the GOVERNOR JAMES CLARKE 335 county business appertaining to their respective offices free of charge; and the expediency of diminishing, or, should the public exigencies be deemed of a character requiring such a step, of entirely abolishing the per diem allowance at pres- ent authorized to be paid to grand jurors, is respectfully submitted. As affecting the county treasuries, the several measures of retrenchment recommended cannot fail to exer- cise a most favorable influence, if carried into effect; and in urging them upon the attention of the Legislature, I look not for justification to the example of other States in which similar reforms have been gone into, but to the circum- stances by which we are surrounded, and the manifest neces- sity which exists of limiting the public expenditures to the ability of the people to meet them. The laws in relation to the assessment of real and per- sonal property are believed to be imperfect, and will demand consideration at the hands of the Legislature, in the general modification of the existing revenue system which it is ap- prehended will take place. It is objected, that in practice, they operate unequally and unjustly in the want of some rule to which uniformity may be approximated in the valua- tion of property; and these complaints are frequently sus- tained by evidence showing them to be well grounded. Although led to believe that the evils complained of are as much owing to the selection of incompetent and improper agents to execute the laws, as to any inherent defectiveness of the system itself, I entertain the hope that it will be in the power of the Legislature to apply at least a partial remedy. The receipts from the personal property tax, with legal enactments which will enable the assessors to make 336 MESSAGES AND PROCLAMATIONS OF true and correct assessments, can, I have reason to believe, be materially augmented, without any increase in the exist- ing rates; but in the absence of further legislative provision on the subject, no addition to the revenue need be looked for from this source, and real estate must continue to sub- mit to undue taxation. Many proper objects of taxation, not intended to be exempted, but which now escape through the looseness of the law, might also be made to contribute their proportionate share to the support of the State. The imposition of a reasonable tax upon each suit brought in the several District Courts of the State, to be paid into the county or State treasuries, as may be deemed to be most judicious, is a measure which I feel myself called upon to urge on your attention, as furnishing a legitimate and reliable source of revenue. But while by these, and similar reforms, provisions may be made for the support of the State government in future, without any material augmentation of the public burthens, we cannot be insensible to the pressing necessities of the present. We enter upon our new existence as a State with an empty treasury, which cannot be replenished before the expiration of a year, and heir to a debt of some twenty thousand dollars. The payment of the debt, if deemed expedient, may be postponed to a more convenient period, but the immediate and accruing expenses of the government must be met. I know of no other way in which this can be done than by the negotiation of a loan, and therefore recom- mend that immediate steps be taken by the Legislature toward effecting that object. The sale of the State bonds, to the amount of thirty thousand dollars, would furnish a GOVERNOR JAMES CLARKE 337 sufficiency of means to cover all actual and necessary ex- penses up to January, 1848; and twenty thousand more added would enable the State to pay off the existing terri- torial debt, all of which is due to domestic creditors. With such guarantees in favor of the regular payment of the inter- est as should accompany any law authorizing a loan, and as it will be in the power of the Legislature to furnish, the successful termination of any negotiation authorized, upon terms favorable to the State, may be reasonably anticipated. Free, comparatively, from debt, with a constitutional limita- tion upon the debt creating power; great in all the elements of wealth, agricultural, mineral and commercial, Iowa, even at the commencement of her career, cannot but occupy a position highly favorable to the establishment of her credit; and the maintenance of this credit, under all circumstances, should be a chief object with those entrusted with the administration of her affairs. Should the Legislature coincide with me in the opinion that a sale of the State bonds is the course required by true policy, it will be necessary to authorize the appointment of an agent to conduct the negotiations; but I must repeat my convic- tion that it would be folly to attempt a sale of such bonds, without the adoption of such a course on the part of the State in advance, as will do away with all doubts which may exist in the minds of capitalists as to the regular payment of the interest. Under an act of Congress, approved March 3d, 1845, all the lands lying in Iowa, reserved for the use of schools, are granted to the State. The aggregate in acres, of this grant, in the counties already established by law, is as follows: 338 MESSAGES AND PROCLAMATIONS OF ACRES Lee county, (including 3,308 acres granted by the act of Aug. 23d, 1842, for the use of the Half Breed tract) . . 9,782 Van Buren county, 8,908 Davis i. i . 9,376 Appanoose i i 10,240 Wayne 1 1 . 10,240 Decatur i i 10,240 Des Moines a . 7,349 Henry (. i 7,680 Jefferson t i . 7,680 Wappello i i 7,577 Monroe u . 7,680 Lucas a 9,600 Clarke t i . 9,600 Louisa ti 7,304 Washington i i . 10,240 Keokuk 4 ; 10,240 Mahaska it . 10,207 Marion i i 10,240 Warren t i . 7,680 Madison i l 10,240 Muscatine t i . 9,024 Scott l i 8,160 Cedar i l . 10,240 Johnson 1 1 , 10,700 Iowa il . . , . . 10,240 Powashiek (i 10,240 Jasper tl . 12,800 GOVERNOR JAMES CLARKE 339 ACRES. Polk county . . . . 12,800 Dallas " . . . 10,240 Clinton " . . . . 12,800 Jackson " 11,220 Jones " . . . . 10,240 Linn " . . . . 12,800 Benton " . . . . 12,800 Tama " . . . . 12,800 Marshall " . . . . 10,240 Story " . . . . 10,240 Boone " . . . . 10,240 Dubuque " 11,060 Delaware " . . . . 10,240 Buchanan " . . . . 10,240 Black Hawk 4 ' . . . . 10,240 Clayton " . . . . 14,000 Fayette " . . . . 6,400 Total .... 442,107 The estimated quantity of school land, in that portion of the State not yet laid off into counties, is 463,048, making a total of 905,155 acres. Add to this the 500,000, to which we will be entitled upon our admission into the Union, and which is appropriated by our Constitution to educational purposes, and we have the magnificent aggre- gate of 1,405,155 acres. As the care of these lands will devolve upon the Legislature, I cannot omit to recommend the passage of such additional laws as may be necessary to the preservation of their value. By the act of Congress of 340 MESSAGES AND PROCLAMATIONS OF May 20, 1846, and the act of June 25, 1844, the Secretary of the Treasury of the United States is authorized to cause selections to be made for the townships where the sixteenth section has been, in whole or in part, disposed of; and also for those fractional townships where there is no sixteenth section, or where the sixteenth section is a fractional one, containing a less quantity of land than the township in which it is situated may be entitled to. For some of the townships and fractional townships in Iowa, thus situated, the trustees have recommended selections, and in others the land officers; while in many no selections whatever have been recommended, and consequently no lands are reserved. It is understood that their selections have not yet been con- firmed by the General Land Office; and as a number of them were made without a personal inspection of the land, and may prove to be of little value, the State could not but be benefited by authorizing new selections. I would, there- fore, recommend that provision be made for effecting this object, as well also as for the immediate location of school lands for those townships where none have been recom- mended, and where the sixteenth section may have been, in whole or in part, disposed of. I cannot but regard the sale of the school lands at pres- ent, as of questionable policy; but should it be determined to make an early disposition of them, too much care cannot be taken to avoid an insecure investment of the proceeds arising from their sale. The interest annually accruing from such investment should constitute the available school fund, and might be distributed to the several counties in proportion to their population. As the grant is intended GOVERNOR JAMES CLARKE 341 for the whole people, this is perhaps the only way in which justice can be done; for if each township is to receive only the proceeds of its own sixteenth section, some would be almost entirely excluded from all participation in the bene- fits of the fund, owing to the inferior character of the land assigned it, while others, with perhaps less population, would receive a large and over proportion. If the sale of the lands be not authorized, a law empowering the school directors of the several townships, or some other organized body, to lease or rent the untimbered portions of them, would, it is believed, be attended with beneficial effects. By an act of Congress, approved July 20, 1840, two townships, or seventy-two sections of land, were set apart to the Territory for the use and support of a University; and under the act of March 3d, 1845, these lands are given to the State, to be applied to the purposes for which they were originally granted. The selections authorized by this act were to be made under the directions of the Secretary of the Treasury, but no appropriation having been made for the pay of an agent, but little has been done towards carry- ing out the provisions of the law. Although three several persons have been appointed at different periods to make choice of these lands, I know of but two sections which have been regularly selected and returned. These lie in Jefferson county, and are said to be valuable. As it is of manifest importance that further delay in making this grant available should be avoided, I respectfully suggest the pas- sage of an act compensating the present agent, (David Fer- guson, Esq., of Van Buren county,) for any services which he may perform. Nothing short of such a step, I am sat- 342 MESSAGES AND PROCLAMATIONS OF isfied, will enable the State to locate the remaining seventy sections judiciously, and at an early day. The government surveys are at present being actively prosecuted in Iowa, and the agent should be prepared to make return of his selections the ensuing spring. Under an act of Congress approved August 8, 1846, one equal moiety of all the unsold and unencumbered public lands, in alternate sections, in a distance of five miles on each side of the Des Moines river, is granted to the Terri- tory of Iowa, to aid in the improvement of the navigation of said river, from its mouth to the Raccoon fork; and the lands thus granted are to become the property of the State, for the purposes stated, as soon as it is admitted into the Union, provided the Legislature will declare its formal acceptance of the grant. The lands donated are not to be conveyed or disposed of except, as the improvements to which they are to be applied progress; and are to be selected by an agent or agents appointed by the Governor of the Territory. In accordance with this provision of the law, and after waiting in vain for instructions from the General Land Office, on the eleventh of the present month I ap- pointed Jesse Williams of Johnson county, Josiah H. Bon- ney of Van Buren county and Robert Cock, of Wapello county, Commissioners to make the contemplated selections. These appointments were made under the belief that it would be necessary, or at least highly advantageous to the State, to make a personal inspection of the country em- braced within the grant; but the agents were informed that it was not expected they should proceed in the discharge of the task assigned them until further advised. I communi- GOVERNOR JAMES CLARKE 343 cate to you a letter from the Commissioner of the General Land Office, received since these appointments were made, accompanied by a diagram of the surveyed portion of this grant, from which it will be seen to be the decision of the Department that the only step necessary to be taken by the Territory or State is to make choice between the odd and even sections. Should it be thought advisable, under this decision, to dispense with all examination of the land, it will be in the power of the Legislature to do so. The list referred to in this letter as showing the areas of all the sec- tions and parts of sections within the grant, was found upon examination, to be entirely incorrect, and has been returned. Beyond the appointment of Commissioners to make the nec- essary selections, no measures have been adopted towards fulfilling the requirements of the law; and it will remain for the State authorities to take such further action on the sub- ject as may be found necessary to make the donation avail- able. That the State will accept of this extensive grant and faithfully apply its proceeds, I cannot entertain a doubt. The Des Moines is known to present fewer obstacles to nav- igation than any other river within our limits, and its im- provement has ever been regarded as an object of the first importance. The practicability of so improving it by locks and dams, as to enable reasonably sized steam boats to pass as high up as the Raccoon Fork, a distance of one hundred and fifty miles, has been affirmed by engineers of experi- ence; nor, from the regularity of the river, its high banks, rock bottom, and extremely favorable character generally, is it believed the work would be attended with any very 344 MESSAGES AND PROCLAMATIONS OF heavy expenditure of money. It is an improvement in which nearly one-half of the people of Iowa are directly in- terested, as furnishing them with an easy, safe and cheap mode of transit for their vast and increasing surplus pro- ductions, and one which, when completed, will greatly add to the population and wealth of the State. The precise ex- tent of the grant cannot be ascertained at present; but I feel warranted in stating, from information derived from the most reliable sources, that it will cover upwards of three hundred thousand acres of the most fertile and valuable land in Iowa. In order to make these lands available, and at the same time to avoid injustice to a very large class of citizens, who, acting upon the invitation of the government to settle on the public domain, have made locations which will be em- braced within the grant, additional Legislation will be found necessary. It is estimated that at least two -thirds of the entire donation is occupied and claimed by settlers, many of whom, under the expectation of obtaining a title to their lands from the general government at the minimum price, have gone on to make extensive and valuable im- provements. A change of proprietorship should not, in my opinion, be permitted to place this large and respectable portion of our fellow -citizens in a worse condition in regard to their lands than they are at present, either by increasing the price or shortening the period allowed for payment. In view of all the circumstances, I am inclined to believe that a special preemption law, which will give to the claimants the privilege of entering their homes at $1.25 per acre, will be found the most judicious course for the State, as it doubtless GOVERNOR JAMES CLARKE 345 will be the most satisfactory to the settlers. The passage of such a law, or of any law looking to the prosecution of the Des Moines river improvement, must necessarily be fol- lowed by the establishment of a land office, and the appoint- ment of an agent or agents to dispose of the lands. The period has arrived when a complete revision of the laws of Iowa is on all hands expected. The want of such a code has been felt and acknowledged for years, but it was deemed inexpedient to commence its compilation until after the organization of a State government. In calling the attention of the Legislature to the subject now, I feel that I need but refer to its importance to ensure immediate and favorable action. The confusion which pervades our statute enactments is as injurious in its tendencies, as, if permitted to continue, it will be disreputable to the character of the State. Nor will it be an easy task to collect, harmonize, and put into proper shape, the incongruous legislation of eight years; but a work of time and labor, which should be committed to none but able hands. I cannot but express the hope that, in authorizing such a revision, the State will avail itself of its best legal talent, whether it be deemed ad- visable to institute a special commission for the purpose, or, as has been done elsewhere, some gentleman learned in the law be authorized to perform the work, with a guarantee that the State will subscribe and pay a stipulated price for a certain number of copies upon their delivery. In either case, the State should prescribe the arrangement and execu- tion of the work in the fullest manner possible. I regret to inform you that an effort made by me, during the past summer, to effect such a return of the effective 346 MESSAGES AND PROCLAMATIONS OF strength of the militia, as would enable the State to draw its proper quota of arras, proved entirely unsuccessful. A most unaccountable feeling of indifference pervades the community on this subject, which should, if possible, be overcome. AVe have a militia law on our statute book, and the semblance of a militia organization, without the reality. The law, for all useful purposes, is a dead letter, and should, it is suggested, be made to give way to one more simple in its provisions, and looking only to such an organ- ization as will secure the State its proportionate share in the distribution of arms and accoutrements annually made by the General Government. The most effective measures are called for at the hands of the Legislature to guard future loss to the people in this particular. Under an act of Congress, passed at the last session, all necessary authority is conferred upon the Supreme Court of the United States, to adjudicate the disputed question of boundary existing between Iowa and Missouri. This law was passed in obedience to a memorial of the Territorial Legislature, and was necessary to a determination of the question while Iowa remained a Territory; but as a State she needs no such law to become a party to any case which may be agreed upon. I adhere to the belief expressed in my annual Communication to the Territorial Legislature a year ago, that true policy requires that this vexatious and long pending question should be submitted to the decision of the Supreme Court, and recommend that all legislative provision necessary to the commencement and termination of such a suit be made. The reports of the auditor of Public Accounts, and Terri- GOVERNOR JAMES CLARKE 347 torial Treasurer, are herewith communicated. The liabil- ities of the Territory are stated by the Auditor to be $20,791.25, and the estimated resources $8,167.50, leaving an excess of liabilities, for the payment of which there is no provision, of $12,623.75. The debt due the Miners Bank of Dubuque, amounting, principal and interest, to about $7,000, is understood not to be included in this excess; which added, will show the aggregate of the liabilities of the Territory to be $19,623.75. This debt is due chiefly, if not entirely, to our own citizens, whose interests will demand consideration at your hands. The law of last session, for leasing the Penitentiary, is defective, in not requiring the lessee to submit an annual report. In the absence of information from the proper source, I am only able to state that during the past year the number of convicts has varied from six to two, the latter being the number at present in confinement. The leasing system, whatever may have been its success elsewhere, in the opinion of those who have had the best opportunities of judging, has proved a failure, and should be abandoned. The State owes it to itself to assume the management of the prison, and to prescribe and enforce a rigid system of prison discipline. At present there is no discipline whatever; the convicts are more frequently employed without than within the walls of the Penitentiary, and can easily make their escape when disposed to do so. Within the past year treaties have been concluded with the Winnebago and Pottawotamie Indians, by which all the lands owned by these tribes, lying within Iowa, are ceded to the United States. The country acquired from the Win- 348 MESSAGES AND PROCLAMATIONS OF nebagoes constitutes what is known as the " Neutral Ground," a strip of land forty miles in width, extending from the Mississippi to the Des Moines, and embraces about four millions of acres of choice and valuable land. The Pottawotamie purchase, greater in extent than the "Neutral Ground," by about a million of acres, lies on the Missouri river, and is also valuable. By these treaties the Govern- ment acquires the title to all the Indian lands remaining in the State, and we may expect at an early day to be entirely relieved of our Indian population. The occurrence of this event will be the signal for a rush of immigration to the newly acquired lands, which must materially augment the population and wealth of the State. The discharge of the Executive duties, under the Consti- tution, will shortly devolve upon another, recently chosen by the people, of whose disposition to co-operate with the General Assembly in all things calculated to advance the interests of the State I feel fully assured. That your joint labors may be characterized by harmony, and that a wise, pure, and economical administration of the government may be secured to the people, is my most sincere wish. JAMES CLARKE. IOWA CITY, DEC. 2, 1846. VETO MESSAGE TO THE HOUSE OF REPRESENTATIVES JANUABY 17, 1846 From the Journal of the House of Representatives, p. EXECUTIVE OFFICE, IOWA CITY, January 17th, 1846. The bill entitled, "An act for the relief of Samuel C. Reed," being of such a character as to compel me to with- hold my approval, I herewith return the same to the House of Representatives, where it originated, with these my ob- jections. The claim of Mr. Reed, amounting to one hundred and eighty-three dollars and fifteen cents, is for provisions fur- nished the militia called into the service by the U. S. Mar- shal, in the winter of 1839-40, to support the civil authori- ties of the Territory in maintaining jurisdiction over a certain portion of Van Buren county. The bill herewith returned, provides for the payment of this claim out of the Territorial Treasury, with six per cent, interest thereon from 13th December, 1839; the whole, when taken together, exceeds the sum of two hundred and fifty dollars. However just and equitable may be this claim, I should regard its payment out of our local treasury, as a virtual assumption of the whole debt accruing out of our difficulties with Missouri, with a sum of interest exceeding one-third of the original amount added thereto. 350 MESSAGES AND PROCLAMATIONS OF The Territory cannot, without justly subjecting itself to the charge of partiality in the distribution of its favors, select out one particular claimant for relief, and reject sim- ilar accounts brought forward by others. Those who fur- nished arms, clothing, and other munitions of war, as well as the militia who turned out on the occasion in question, have equal claims for remuneration with those who furnished j >ro visions, and the obligation rests upon us morally, if not legally, to treat them with equal favor. The recognition of the account of Mr. Reed as legitimately chargeable to the Territory, viewed in this light, assumes an importance that otherwise could not attach to it; for instead of merely authorizing the liquidation of a demand for some two hun- dred and fifty dollars, as provided for in the bill, its inevit- able effect would be to entail upon the Treasury a debt of from twenty to thirty thousand dollars. Lieut. Ruggles, of the U. S. Army, under instructions from the war Department which prevented him from em- bracing a large number of well founded claims in his esti- mate, reported according to my recollection, the amount properly payable out of the National Treasury, in conse- quence of the boundary dispute, to be something upwards of thirteen thousand dollars; an amount which could scarcely fail to be augmented to twenty thousand, by the admission of the rejected items. To this heavy sum, carrying out the principles of the bill returned, interest would have to be added at the rate of six per cent, per annum, for six years, amounting to 7,200 dol- lars, which would swell the public liabilities from this one cause to the alarming aggregate of twenty-seven thousand, two hundred dollars. Sympathizing, as I do, with those GOVERNOR JAMES CLARKE 351 who are sufferers on account of the aid rendered by them in assisting the Governor and Marshal to maintain jurisdiction, I cannot, consistent with my sense of duty, consent to be in- strumental in imposing upon the people of Iowa such a momentous load of debt. Although our repeated applications for compensation from the General Government have thus far been ineffectual, I do not despair of ultimate success before Congress. The fact of a bill authorising payment, having passed the House of Representatives upon one or two occasions, taken in connex- ion with the course pursued by the war Department in ex- amining into and ascertaining the amount of the claims, affords strong grounds for the belief, that with the increased weight and influence which our admission into the Union as a State, will give us at Washington, some relief measure can be carried through. The payment or assumption of these expenses, or any portion of them, by the Territorial Legis- lature, it must be apparent, would materially lessen, if in- deed, it did not wholly destroy all hope of this kind. Were the claim for which the bill provides payment an isolated one, my desire to co-operate with the Legislative Assembly in all its acts, might have prevented me from interposing any objection to its payment out of the Territorial Treasury, notwithstanding the impropriety and impolicy of allowing interest upon such accounts; but satisfied, as I am, that, should the bill once become a law, it will open the door to numberless other claims of a similar character, and finally lead to the assumption of all the expenses attending the Missouri difficulty, I feel reluctantly constrained to with- hold my assent to the bill. JAMES CLARKE. SPECIAL MESSAGE TO THE COUNCIL AND HOUSE OF REPRESENTA- TIVES JANUARY 9, 1846 From the Journal of the House of Representatives, p. 274 Gentlemen of the Council and of the House of Representa- tives: From information received from a reliable, though unof- ficial source, I learn that the Sheriff of Davis County, in the execution of a writ of attachment sued out of the office of the Clerk of said county, against the property of an indi- vidual residing on the tract of land in dispute between the State of Missouri and this Territory, was arrested some ten days or two weeks since by the authorities of Schuyler county, Missouri, on a charge of attempting to exercise the functions of his office within the organized limits of said State, and was only released upon executing security for his appearance at the next term of the court of the said county of Schuyler; I further learn also, that a few days subsequent to the occurrence just related, another attempt was made by a considerable body of men claiming to be citizens of Mis- souri to resist the execution of process by the sheriff of Davis county, but without success: the sheriff and his posse, in defiance of all threats and attempts at intimidation, and in the face of a superior force, having duly executed the writ, and secured the property attached. GOVERNOR JAMES CLARKE 353 I deeply regret that it becomes my duty to communicate to the Legislative Assembly this unpleasant intelligence. The fact that the Legislature of Missouri, in March last, enacted a law having for its alleged object the amicable settlement of the boundary difficulty in the Supreme court of the United States, authorized the belief that no attempt would be made on the part of the authorities of that State to enforce jurisdiction beyond her heretofore recognized boundary line, until advised of the rejection of the proposed mode of adjustment by this Territory; and if not rejected, but assented to, to the extent of our control over the matter, (as I entertain no doubt it will be before the adjournment of the present Legislature) until such time as a decision can be obtained in the manner and form suggested. It appears, however, that this expectation is not to be realized. Iowa having exercised undivided jurisdiction over the country in dispute, so far as the same has been embraced within the limits of her organized counties, ever since her organization as a Territory, now nearly eight years, cannot be expected to relinquish her claim at the present moment, with the prospect of a speedy and final adjustment of the difficulty full in view. With us, it should be constantly borne in mind, the question is one of maintenance of boundary and jurisdiction, while with Missouri it is one of encroachment and extension. This distinction I conceive to be necessary to the correct appreciation of the true merits of the contro- versy, and important as security to exonerate Iowa from responsibility for any unhappy consequences which may ensue. A strong and energetic appeal to Congress for the speedy enactment of such a law as will authorize the litigation 354 MESSAGES AND PROCLAMATIONS OF of the question in the Federal court at Washington, will demonstrate the willingness of this Territory to settle the difficulty in an amicable spirit, and at the same time, it is hoped, will call forth action of the character prayed for, by which future collision may be avoided. This step once taken, our control over the matter ends. There is great reason to apprehend that the state of things which has existed on the theatre of dispute for the last year and upwards, cannot long continue without producing results of a more serious character than any that have yet taken place. With the lapse of time the causes of difficulty and collision may be expected to multiply until a spirit of hos- tility, is engendered between the parties which can scarcely fail to end in open conflict. The opposition of force to force, in the due execution of the laws, is an alternative which can only be justified after all pacificatory measures have been exhausted; and so far as the authorities of this Territory are concerned, I trust and believe no efforts consistent with a just sense of our rights, will be spared to avoid the necessity of resorting to such alternative. Still it is respectfully sub- mitted to the wisdom of the Legislature whether some pre- cautionary measures should not be adopted to sustain the officers of the law in the discharge of their duty under all exigencies. The sheriff of Davis county having executed security for his appearance at the next term of the Schuyler county court, which commences its session in April, it is but just and proper that counsel should be assigned him by the Territory. In the absence of any authority for the employment of such counsel, I respectfully recommend to the Legislative Assem- GOVERNOR JAMES CLARKE 355 bly the passage of a law empowering the Executive to employ counsel in this and other similar cases which may hereafter arise, and that the expenses of such legal services be made payable out of the Territorial Treasury. JAMES CLAKKE EXECUTIVE OFFICE, JAN. 9, 1846. PROCLAMATIONS CALLING FOR VOLUNTEERS FOR MEXICAN WAR JUNE 1, 1846 From the Rloomington Herald, N. S. , Vol. 7", No. 8, June 5, 1846 The President of the U. States under a law enacted at the present session of Congress, authorizing him to accept the services of fifty thousand Volunteers, to serve in the war now existing between Mexico and the United States, having made a requisition upon me, as Executive of the Territory, for the enrolment of one Regiment of Infantry, to be mustered into the service at such time as may be re- quired, I hereby proclaim the fact to the citizen soldiery of Iowa, not doubting but that they will respond to the call with the utmost alacrity and promptness. It is due to the character of our Territory and its inhabitants that the requi- sition be at once met by voluntary enlistment; and that it will be so met I have entire confidence. To ensure this result, I recommend that active, efficient, and immediate steps be taken in the several counties of the Territory, to procure the enrolment, in good faith, of all who may be disposed to tender their services to their country, a report of the result to be transmitted to me at the earliest possible day. The aid of all good citizens all lovers of their country is invoked and calculated on; and it is especially enjoined on all officers holding military commissions that GOVERNOR JAMES CLARKE 357 they be active and vigilant in their efforts to assist in rais- ing the force called for by the President. The regiment to be organized is to consist of ten com- panies, each company to have one Captain, one 1st and one 2d Lieutenant, four Sergeants, four Corporals, two Musi- cians, and sixty-four privates. The officers, under the act of Congress of the 13th May last, are to be appointed and commissioned in accordance with the laws of this Territory. The enlistment is to be for "twelve months after they shall have arrived at the place of rendezvous, or to the end of the war, unless sooner discharged, according to the time for which they shall have been mustered into service;" and no man under the rank of commissioned officer, who is in years apparently over forty-five, or under eighteen, or who is not in physical strength or vigor, will be received. As soon as the War Department is apprised that the enrolment is full, an officer of the army will be detailed to muster the volun- teers into the service of the United States, after which, in all things but clothing and pay, they will take the organiza- tion of the regular army. "In lieu of clothing, every non- commissioned officer and private in any company who may thus offer himself shall be entitled, when called into actual service, to receive, in money a sum equal to the cost of clothing of a non-commissioned officer or private (as the case may be) in the regular troops of the United States." The President, in thus offering us an opportunity of par- ticipating in the danger and glory of inflicting merited chas- tisement upon the invaders of our soil, has, I am confident, but anticipated the wishes of the great body of our people. It remains for us to prove by our acts, that he has not 358 MESSAGES AND PROCLAMATIONS OF formed too high an estimate of our devotion to country, and that the flame of patriotism burns not less brightly in Iowa than elsewhere. JAMES CLARKE. By the Governor: JESSE WILLIAMS, Secretary of the Territory. EXECUTIVE OFFICE, BURLINGTON, JUNE 1, 1846. ON THE VOTE RATIFYING THE CONSTITUTION AND FIXING DATE FOR ELECTION OF STATE OFFICERS SEPTEMBER 9, 1846 From the Bloomington Herald, N. 8., Vol. 7, No. 22, Sept. 11, 1846 Returns having been received at the office of the Secre- tary of the Territory of the votes taken for and against the Constitution, at the general election held on the third day of August last, in all the origanized [organized] counties thereof except Delaware and Buchanan, in conformity to the provisions of u An act to provide for the election of Dele- gates to a Convention to form a Constitution and State Gov- ernment," approved January 17, 1846; and the said votes so returned having been counted in the presence of the under- signed, Governor of the said Territory, and examined and compared as contemplated by law; it is hereby declared and made known, (in compliance with the spirit and intention of the provisions of said act,) that there were given, in the counties from which returns have been received, nine thou- sand four hundred and ninety -two votes for the Constitu- GOVERNOR JAMES CLARKE 359 tion, and nine thousand and thirty-six votes against it, making a majority of four hundred and fifty -six votes in favor of the Constitution: And Whereas, said majority exceeds by three hundred and seventy-nine votes the aggregate vote cast at the elec- tion held in August 18-45 for Delegate to Congress in the counties not returned, thus making it manifest, in the absence of complete returns, that a majority of the votes have been cast in favor of the adoption of the Constitution. It is therefore, conformably to the provisions of the statute, hereby proclaimed, that the Constitution on the eighteenth day of May, 1846, has been formally ratified and adopted by the people. And Whereas, under the Constitution thus adopted, it is made the duty of the Governor of the Territory to desig- nate, by proclamation, a day for the holding of the first gen- eral election for the selection of State officers, and members of the first State Legislature. Be it therefore known, that MONDAY, THE 26TH DAY OF OCTOBER NEXT, is the day fixed upon for the holding of said State election, at which time the qualified electors of Iowa will elect one Governor, two Representatives in Congress of the United States, one Secretary of State, one State Auditor, one State Treasurer, and such number of members of the Senate and House of Representatives of the State as are designated and provided for in article thirteen of said Constitution. Said elections, under said Constitution, are to be conducted in all respects according to the existing laws of the Territory, ex- cept only in such cases as the same may be found to conflict with the Constitution under which the election will be held. 360 MESSAGES AND PROCLAMATIONS OF In Testimony whereof, I have hereunto subscribed L. S. my name, and caused the Seal of the Territory to l>e affixed. Done at Burlington, this ninth day of September, in the year of our Lord one thousand eight hundred and forty-six, and of the Independence of the United States the seventy- first. JAMES CLARKE. By the Governor, JESSE WILLIAMS, Secretary of the Territory. FIXING DATE FOR THE FIRST MEETING OF THE GENERAL ASSEMBLY OF THE STATE NOVEMBER 5, 1846 From the Iowa Standard, N. S. , Vol. I, No. 22, Nov. 11, 1846 WHEREAS, under the constitution adopted by the people of Iowa at the last August election, it is made the duty of the Executive of the Territory to prescribe a time for the meeting of the State Legislature elected on the 26th of October last I, James Clarke, Governor of said Territory of Iowa do hereby issue this, my proclamation, directed to the several members chosen as aforesaid, designating Mon- day, the 30th of November, inst., as the day for the meet- ing t of said State Legislature: In testimony whereof, I have subscribed my name, and caused the Great Seal of the Territory to be (SEAL) affixed, at Burlington, this fifth day of November, A. D. 1846. JAMES CLARKE. By the Governor, JESSE WILLIAMS, Secretary of State. GOVERNOR JAMES CLARKE 361 ON THANKSGIVING NOVEMBEB 6, 1846 From the Iowa Standard, N. S., Vol. I, No. 22, Nov. 11, 1846 CONFORMABLY to the request of many highly respectable persons belonging to the several religious denominations of the Territory, and in obedience to a venerable and generally approved usage, I hereby name Thursday, the 26th day of November, inst., as a day of general Thanksgiving throughout Iowa, and recommend that it be celebrated by prayer, humiliation, and abstinence from secular employ- ment. It is meet on an occasion like the present, when, as a people, we are about assuming new and important responsi- bilities, that light and wisdom should be invoked from above. Moreover, the past year has been fruitful of bless- ings to our favored Territory, for which we have abundant causes to be grateful. Thanks for our continued existence and prosperity as a community; for augmented human com- forts; for health and a bountiful yield of the necessaries of life; for the advance of learning, science, and education; for the onward march of the doctrines of Christianity; for the triumph of our country's arms on the ensanguined field; all these, and more, we are called upon to render. The spectacle of a whole people voluntarily uniting on a partic- ular day in a tribute of praise for the blessings they enjoy is one of the most impressive character, containing the best assurances of the durability and permanency of the liberal institutions under which we live. In testimony whereof, I have hereunto subscribed 362 MESSAGES AND PROCLAMATIONS OF my name, and caused the Great Seal of the Terri- (SEAL) tory to be affixed, at Burlington, this sixth day of November, 1846. JAMES CLARKE. By the Governor: JESSE WILLIAMS, Secretary of the Territory. BIOGRAPHICAL SKETCH Ansel Briggs, the first Governor of the State of Iowa, was born in Vermont on February 3, 1806. About 1830 he removed with his parents to Cambridge, Ohio. Here he became interested in establishing and operating stage lines. In 1836 he removed from Ohio to Andrew, Jackson County, Iowa, where he continued to interest himself in stage lines. During the Territorial period he held a number of contracts for the carrying of United States mail in Iowa. He was educated in his native State, where he attended the common schools and spent one term at the Academy of Norwich. In 1842 he was elected to the House of Representatives of the Territory of Iowa. In September, 1846, he was nom- inated by the Democrats for the office of Governor of Iowa. His election took place in October of the same year. On December 3, 1846, he was inaugurated as the first Governor of the State of Iowa. He served for the full term of four years. For some time after his term of office as Governor, Ansel Briggs continued to reside at Andrew, Jackson County. But in 1870 he removed to Council Bluffs. He died at the home of his son in Omaha, Nebraska, on May 5, 1881. He was buried at Omaha. BIBLIOGRAPHICAL NOTE. Iowa Historical Record, Vol. I, p. 145. Annals of Iowa, 3d, Series, Vol. II, p. 219. INAUGURAL ADDRESS DECEMBER 3, 1846 From, the Journal of the House of Representatives, p. 34 Gentlemen of the Senate, and House of Representatives: Having been called by the suffrages of my fellow-citizens, to the Executive office of the State of Iowa, I enter upon the discharge of its duties with a profound sense of grati- tude for this manifestation of public confidence. From my want of experience in the affairs of civil administration, I must naturally feel a great degree of embarrassment in my present position; but that feeling will be greatly lessened from the hope and belief which I entertain, that in your character of representatives of an enlightened constituency, you will kindly extend to me your aid and indulgence. The circumstances under which you assemble are to us of a novel, interesting and important character. We have passed from a dependent Territory to an independent and sovereign State, and it is a subject of congratulation that we shall no longer be denied the blessings and privileges con- sequent upon this great change. Our Constitution is one which does honor to the character and intelligence of our infant State; and we need apprehend no difficulty in the way of our full admission into the Fed- eral Union, so soon as the simple form of its presentation in the Congress of the United States is complied with. 368 MESSAGES AND PROCLAMATIONS OF Having a country unsurpassed in beauty and fertility, and which is rapidly filling up with an intelligent and enterpris- ing people, we bid fair in a very short time to take a most enviable position among our sister States. But, gentlemen, it much depends upon your action at this first session of our Legislature, whether we shall advance to that position by rapid strides, or for years be left to "draw our slow length along." If you proceed with that calmness and caution, that fervent desire for the happiness and welfare of our country, which should, and doubtless will characterize your deliberations, all will be well; but if, unhappily, from any cause, the utmost care is not taken to guard against hasty and unnecessary legislation, lasting evils may be entailed upon our institutions. Having only within the last four days had notice of my election, and not being in possession, and having no oppor- tunity of access to any data by which to be guided, it can- not be expected that I will, at this time, attempt to call your attention to any specific subjects of legislation. In- deed, it is now rendered altogether unnecessary, as His Excellency, the Governor of the Territory, has done this in his able communication of yesterday, to the two Houses of the General Assembly. You will have the Constitution before you, gentlemen, which points out all subjects of immediate legislation that will be necessary to set the State Government in motion; and I shall, as it may become necessary in the progress of your labors, make you further communications. In conclusion, gentlemen, permit me to assure you, that in all your efforts which are directed to the advancement GOVERNOR ANSEL BRIGGS 369 and prosperity of our State, you shall have my hearty co- operation, trusting that if we place a proper reliance on that Supreme Being who rules and governs all nations, our labors at this first and most important session of the Legislature, will redound to the honor and happiness of our fellow- citizens. ANSEL BRIGGS. IOWA CITY, DECEMBER 3, 1846. SPECIAL SESSION MESSAGE JANUARY 3, 1848 From the Journal of the House of Representatives, p. Gentlemen of tlie Senate, and House of Representatives: The ninth section of the fifth article of the Constitution of this State, provides that the Executive "may on extraor- dinary occasions, convene the General Assembly by Procla- mation, and shall state to both Houses, when assembled, the purpose for which they shall have been convened." Believing that the interests and welfare of the State called for the exercise of the power thus conferred upon the Executive, I issued my Proclamation convening the General Assembly, at Iowa City, on the first Monday in January, 1848. You have assembled in obedience to that proclama- tion, and I now proceed to state, as concisely as possible, the "purpose" for which you have been convened. Our Laws relative to Common Schools, in my judgment, call for your immediate and careful attention. The people of Iowa have ever manifested an earnest and commendable zeal in the spread of education, and, especially, in the estab- lishment of an efficient and permanent system of Common Schools. Of such prominent importance is this subject in their estimation, that they have made the most ample pro- visions in the Constitution for the spread of education and the support of common schools; and, also, enjoined upon GOVERNOR ANSEL BRlGGS 371 the General Assembly, in an imperative imanner, the duty of carrying out those provisions. The act of the General Assembly, approved February 24th 1847, entitled "an act supplemental and amendatory to an act to establish Common Schools," approved January 16, 1840, provides, "That there shall be annually an elec- tion on the first Tuesday of April, in each School District, for the purpose of choosing three Directors, who shall hold their office until their successors are elected;" that "at each annual township election, there shall be a School Inspector elected, who shall hold his office for one year, and until his successor shall be elected;" that "at the next annual town- ship election and tri-annually thereafter, there shall be a Superintendent of Public Instruction elected, who shall hold his office for three years, and until his successor shall be duly elected and qualified;" and that "at the next annual township election, in every organized county in this State, there shall be selected a school fund commissioner for the county, who shall hold his office two years, and until his successor is elected and qualified. " Soon after its approval, and previous to the last township elections, the law was published in several of the newspapers of the State. Supposing the law to have taken effect, and to be in force, the people, on the first Tuesday of April last past, and at the last township elections, elected the officers above enumerated. The highest judicial tribunal of the State has since decided, that at the time those elections were held, the School of Law of 1847 was not in force, and that the elections, so far as those officers were concerned, were void and of no effect. 372 MESSAGES AND PROCLAMATIONS OF As it is understood the law is now in force, and as it expressly repeals all School laws heretofore in force, it seems the people, at the present time, have a school law, but no officers to carry out the provisions of that law. Some of the school officers thus elected, have entered into bonds, and have endeavored to discharge their duties under the law; and among others, the Superintendent of Public Instruction. Some of them, however, remain in- active and uncertain as to the line of conduct they ought to pursue. To be thus situated, is extremely embarrassing and detrimental to the cause of education. The School Law of 1847, would probably be so con- structed [construed] as to authorise the election of school officers at the coming township elections; but as much con- fusion undoubtedly prevails in the minds of the people touching their duty under the law, I respectfully recom- mend that this subject receive your earliest and most earnest attention, and that such measures be taken as will secure to the people as speedily as possible, the benefit of the liberal provision made in the constitution for the spread of edu- cation and the support of common schools. In connection with the foregoing, I would respectfully invite your attention to an act of the General Assembly, approved February 25th, 1847, entitled "an act to provide for the management and disposition of the School Fund." The eighth section of this act provided "that the manner of selecting the Five [hundred] thousand acres of land men- tioned in the second section of the tenth article of the Con- stitution, and the disposition thereof, for the support of schools, shall be as follows, to wit: Any person capable of GOVERNOR ANSEL BRIGGS 373 contracting, having settled upon public lands, the quality whereof and the improvements thereon will, in the opinion of the Fund Commissioner of the county, render the selec- tion a safe and profitable one, may in writing signify to said Fund Commissioner his or her desire to have the same recognized as School land, and thereupon the same, not exceeding three hundred and twenty acres, shall be returned by said Fund Commissioner, with the date of their selection, to the Superintendent of Public Instruction, to be by him registered as lands selected by the State under the grant from Congress referred to. After which the said Fund Commissioner shall proceed to contract with such settler for a sale thereof. The seventeenth section of the act provides that "the Superintendent of Public Instruction shall report, from time to time, all selections made under the eighth section of this act, to the Secretary of the Treasury of the United States, and to the proper Land Office. " Selections made according to the provisions of the eighth section of this act, have been reported to the General Land office by the gentleman elected as Superintendent of Public Instruction. The report has been returned, as incorrect and invalid, on the ground that the selections thus made, conflict with the General Land Office instructions of August 6th, 1847, in reference to State selections under the act of Congress of 4th September 1841, entitled, "an act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights. " The 5th section of those instructions makes it important and necessary that the selecting agent of the State "should make such careful and 374 MESSAGES AND PROCLAMATIONS OF thorough preliminary examinations as will enable him to select lands to which may exist no valid claim by pre-emp- tion or otherwise;" and the sixth section provides that "if, notwithstanding such precaution, the State shall hereafter select lands which shall be found to be interfered with by any prior or better claim or claims, the selections, to the whole extent of such claim or claims, will of course be null and void." It will readily be perceived from the foregoing instructions, that it is not contemplated by the act of Con- gress, above referred to, to surrender to the States any land covered by any valid claim u by pre-emption or otherwise." Consequently, the law of this State, allowing persons hav- ing claims upon the public lands by virtue of improvements thereon; to register them as lands selected by the State, and then to purchase them from our own State officers, con- flicts, in a very material point, with the instructions from the General Land Office. It is of the utmost importance to the cause of education in this State that these selections should be made as soon as practicable. In. order to accom- plish this object, our laws relative to the making of those selections must harmonize with the requirements of the Gen- eral Government. I trust that this subject, also, will re- ceive your early attention. The circular of Instructions from the General Land Office of August 6th, 1847, the selections reported by the Superintendent of Public Instruc- tion, together with a letter from the General Land Office of November 3d, 1847, relative to those selections, will here- after be presented to you. It is a source of regret that so much confusion prevails in our Statute Laws. The interests of the state, in my opinion, call for a revision of those laws GOVERNOR ANSEL BRIGGS 375 as soon as practicable. Should you coincide with the execu- tive in this opinion, I would respectfully recommend that a commissioner or commissioners be appointed to revise the code ; and that they be instructed or required to report their proceedings at the next regular session of the General Assembly. The Penitentiary of this State is in an unfinished and in- efficient condition. It is important that the provisions of the act of the General Assembly, approved February 25th, 1847, relative to the appointment of an agent, by joint reso- lution of the General Assembly, to make the necessary con- tracts for completing the building, should be carried into effect; and I would therefore suggest that this subject re- ceive your prompt attention. Since the close of the last session of the General Assem- bly, all of the Judges of the Supreme Court of this State, who held their offices by virtue of appointments under the General Government, have resigned. The eighth section of the fifth article of the Constitution, provides that "when any office shall, from any cause, become vacant, and no mode is provided by the Constitution and laws, for filling such vacancy, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the General Assembly or at the next election by the people, " as, in my opinion, the contingencies contemplated by the Constitution, had arisen, I filled the vacancies thus occasioned, by granting commis- sions, which will "expire at the end of the next session of the General Assembly." The question may possibly be started, whether the Con- :?7G MESSAGES AND PROCLAMATIONS OF stitution intends that these commissions shall expire at the end of a regular session of the General Assembly, or whether it will be so constructed [construed] as to render the pro- vision above mentioned, applicable, also to a special ses- sion^ It can be gathered from the Constitution, that the people of this State are determined to retain as much power in their own hands, as they can consistently with a proper and judicious Administration of the affairs of the Govern- ment, as all history and experience teach, that where power is vested in any one man, it is liable to be perverted and abused, they have thought proper, in order to prevent any temptations to such abuse, to withhold, as a general rule, all power from their State officers except such as is abso- lutely necessary for the performance of their official duties. Consequently, so far as the power of appointment is con- cerned, the Executive of this State is clothed with that power only when a vacancy in office occurs, for which no provision is made in the Constitution, and laws; and it is further provided that even those appointments shall exist no longer than until the people can fill such vacancies, either by their own immediate action, or in the manner provided by them. As the Executive is thus restricted as the power would probably not have been granted could it prop- erly have been withheld, and as it appears clear that it is the intention of the Constitution that the people shall exer- cise this power as soon as they have an opportunity so to do, I am strongly inclined to the belief that these commis- sions expire at the end of the present session of the General Assembly; and that, if it was the intention of the powers of the Constitution that they should expire at the end of the GOVERNOR ANSEL BRIGGS 377 next regular session, they would have so couched the pro- vision in question, instead of using the language in which it stands clothed. Should you concur in the opinion of the Executive, it will be your duty to elect a Chief Justice and two Associate Justices, in accordance with the third section of the sixth article of the Constitution. We have emerged from a Territorial into a State Govern- ment have taken onr stand among our sister States, and are therefore entitled to be represented by two Senators in the Senate of the United States. Many questions of vital importance will come before that body for its consideration during the present session of Congress. War exists between this country and Mexico. Congress has declared, by an almost unanimous vote, that this war was commenced "by the act of Mexico." The Administration is advancing the national honor and character, by conducting this war in a thorough and energetic manner, while at every step the olive branch of peace is extended to the enemy. They have rejected all terms of peace heretofore offered. The vigorous prosecution of the war on the part of our Govern- ment, is more or less opposed by a very respectable portion of our fellow-citizens; and the enemy will, undoubtedly, continue to reject our proffered terms of peace, until it is ascertained whether that opposition will gain the ascendency in the republic. The voice of Iowa, therefore, should be heard, and her true sentiments felt, in the Senate of the United States. Under such circumstances, it is believed by the Executive, that the duty of electing United States Senators, according to the provision of the Constitution, will be by you, speedily and harmoniously performed. 378 MESSAGES AND PROCLAMATIONS OF As it is, unquestionably, the desire of the people, that the affairs of State should be conducted as economically as possible, consistently with their interests, I have recom- mended and briefly communicate upon those subjects only, which, in my judgment, immediately affect those interests; and I would respectfully suggest that your attention should, at the present session, be confined to those matters in which they are thus concerned, and that, as a general rule, all local legislation be deferred until the regular session of the General Assembly. ANSEL BRIGGS. IOWA CITY, JANUARY 3d, 1848. FIRST BIENNIAL MESSAGE DEC. 5, 1848 From the Journal of the House of Representatives, p. 13 Gentlemen of the Senate, and House of Representatives: You have assembled as a co-ordinate branch of the Gov- ernment, for the purpose of performing the duties imposed upon you by the Constitution of the State. It is a source of gratification and pride that we compose one of the States of this great confederacy, and that we live in a country, the Government of which, is superior to any that has ever been formed by the wit of man. Republics possessing some of the features of our own, have arisen and passed away. For nearly three-quarters of a century, our country has pros- pered in an unprecedented manner; she has stood unshaken amidst internal commotions, wars of invasion, and a foreign war; and our citizens are, at the present time, equal if not superior to any upon the face of the earth, in all that can ennoble and dignify mankind. But our own sagacity has not produced these great and happy results. The eye of Almighty God has watched over us; His arm has been stretched out to protect and assist us; and our deepest grati- tude at all times is a poor, but it may possibly be an accept- able, offering to Him for the many and great favors which He has bestowed upon us. Being thus favored of Heaven, every citizen is under the most solemn obligations to pre- 380 MESSAGES AND PROCLAMATIONS OF serve unimpaired our Union and our institutions. Every State exerts an influence. We have lately entered the con- federacy, and it should be our great desire to labor earnestly and faithfully to promote the happiness of the people of our own State, while at the same time we should be equally solicitous touching the prosperity and honor of our common country. You, fellow citizens, are the representatives of the people of this State. You are fresh from their midst, and under- stand their wishes and interests. It will undoubtedly be a prominent consideration that we are their servants; that they expect us to perform our duties with dignity and energy; and especially may they reasonably expect that all legislative business will be despatched as speedily as pos- sible, consistent with accuracy and propriety, in order that they may not be harassed with unnecessary burdens. If the matters which I shall feebly and imperfectly pre- sent for your consideration, fall short of what the people expect at your hands, or if they in any way conflict with their best interests, it is the earnest hope of the executive that you will, by your superior wisdom and acquaintance with their wants, supply the proper remedy. The following statement exhibits the amount of the re- ceipts and disbursements of the treasury, since the annual report of the territorial treasurer, dated Nov. 16th, 1846: BECEIPTS. PAYMENTS. Receipts from 16th Nov. 1846, to 1st March, 1847 $ 1,379.97 Payments from 16th Nov. 1846, to 1st March, 1847 $ 1,377.35 GOVERNOR ANSEL BRIGGS 381 RECEIPTS. PAYMENTS. [Amount brought forward. . . $1,379.97 $1,377.35] Receipts from 1st March 1847, to llth June 1847 3,316.28 Payments from 1st March 1847, to llth June 1847 3,309.76 Receipts from llth June 1847, to 6th Sept. 1847 54,679.99 Payments from llth June 1847, to 6th Sept. 1847 49,097.88 Receipts from 6th Sept. 1847, to 30th Nov. 1847 1,210.29 Payments from 6th Sept. 1847, to 30th Nov. 1847 6,812.54 Receipts from 30th Nov. 1847, to 6th March, 1848 13,278.95 Payments from 30th Nov. 1847, to 6th March 1848 8,028.58 Receipts from 6th March 1848, to 6th June, 1848 2,580.56 Payments from 6th March 1848, to 6th June, 1848 2,960.96 Receipts from 6th June, 1848, to 31st October, 1848 180.63 Payments from 6th June, 1848, to 31st October, 1848 3,663.20 $76,644.67 $75,250.27 75,250.27 Balance on 31st October, 1848 . $1,394.40 382 MESSAGES AND PROCLAMATIONS OF It will be perceived by the foregoing statement that on the 31st of October, 1848, there was a balance in the treasury of one thousand three hundred and ninety-four dollars and forty cents. There is no object for the promotion of which an enlight- ened legislator will more readily apply his best energies, than that of education. It is generally conceded that our present school law is, in many respects, exceedingly defect- ive. One of the prominent purposes for which the General Assembly was convened in extra session in January last, w r as the amendment of this law, or the substitution of a different one. Numerous petitions were presented to the Legislature, in which the solicitude of the people in refer- ence to this subject, could not have been mistaken. The law, however, was not amended, and neither was a new one enacted. It is to be 'regretted that the earnest wishes of the people in this particular, should have been thus frus- trated. In inviting your attention to this subject, I would respect- fully suggest that there are one or two points, connected with it, upon which your immediate action would be of essential service to the cause of education throughout the State. The second section of the tenth article of the constitution makes appropriations for a perpetual State school fund, the interest of which alone shall be applied to the support of common schools. By the school law of 1847, all the moneys constituting this perpetual fund flow into the hands of the School Fund Commissioners. The fourth section of the fore- going article of the constitution, provides that "The money GOVERNOR ANSEL BRIGGS 383 which shall be paid by persons as an equivalent for exemp- tion from military duty, and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, shall be exclusively applied, in the several counties in which such money is paid or fine collected, among the sev- eral school districts of said counties, in the proportion to the number of inhabitants in such districts, to the support of common schools, or the establishment of libraries, as the General Assembly shall from time to time provide by law." It would seem clear that it 'is not the intention of the con- stitution that the interest of the funds accruing under this section, should be applied to the support of common schools in the several counties, but that the principal itself should be thus applied; and it would also seem clear that these funds should be kept separate and apart from the permanent school fund. By the twenty -third section of the school law of 1847, it is made the duty of the county Treasurer to pay over to the School Fund Commissioner of the proper county, on the fifteenth day of February, annually, for the use of common schools within the county, all the moneys specified in the fourth section of the foregoing article of the constitu- tion, together with "All funds in the treasury arising from the sale of water crafts, lost goods and estrays. " And the nineteenth section of the law provides for levying a tax by the county commissioners of the several counties throughout the State, for the support of common schools in their respective counties. These taxes when collected, are also paid into the hands of the School Fund Commissioners, on the fifteenth day of February, annually. These funds were likewise unquestionably intended to be kept separate from 384 MESSAGES AND PROCLAMATIONS OF the permanent school fund, and to be wholly distributed in the several counties where the tax is levied and collected- There are no provisions in the law, however, for keeping these funds, and those arising from the sources heretofore specified, separate and apart from the permanent fund, nor for their separate distribution. On the fifteenth day of February, annually, they are paid over to the School Fund Commissioners, where they must either lie idle, or be loaned out in accordance with the thirty-seventh section of the school law; which section was evidently intended to apply exclusively to the management of the permanent fund. I would, therefore, recommend that some measure be speedily adopted by which the Fund Commissioners will be enabled, when these funds come into their hands in February next, to manage and distribute them according to the intention of the constitution and the laws; and I would further recom- mend that all other defects in our common school system , receive your earliest and most earnest attention. In my message delivered at the special session in January last, I called the attention of the General Assembly, to "An Act of the General Assembly, approved February 25th, 1847, entitled 'An Act to provide for the manage- ment and distribution of the school fund." The eighth section of this act provides "That the manner of selecting the five [hundred] thousand acres of land mentioned in the second section of the tenth article of the constitution, and the disposition thereof, for the support of schools, shall be as follows, to wit: any person capable of contracting, hav- ing settled upon the public lands, the quality whereof, and the improvements thereon, within the opinion of the Fund GOVERNOR ANSEL BRIGGS 385 Commissioner of the county, render the selection a safe and profitable one, may in writing signify to said Commissioner his or her desire to have the same recognized as school lands, and thereupon the same, not exceeding three hundred and twenty acres, shall be returned by said Fund Commis- sioner, with the date of their selection, to the Superinten- dent of Public Instruction, to be by him registered as lands selected by the State under the grant from Congress referred to; after which the said Fund Commissioner shall proceed to contract with such settler for the sale thereof. The seventeenth section of the act provides that "The Superintendent of Public Instruction shall report from time to time, all selections made under the eighth section of this act to the Secretary of the Treasury of the United States, and to the proper land office." Selections made according to the provisions of the eighth section of this act, have been reported to the General Land Office, by the gentleman elected as Superintendent of Public Instruction. The report has been returned as incorrect and invalid, on the ground that the selections thus made, conflict with the General Land Office instructions of August 6th, 1847, with reference to State selections under the act of Congress of the 4th September, 1841, entitled "An Act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights." The fifth section of those instructions makes it important and necessary that the selecting agent of the State "should make such careful and thorough preliminary examinations as will enable him to select lands to which there may exist no valid claim by pre- emption or otherwise;" and the sixth section provides that 386 MESSAGES AND PROCLAMATIONS OF "if, notwithstanding such precaution, the State shall here- after select lands which shall be found to be interfered with by any prior or better claim or claims, the selections to the whole extent of such claim or claims, will, of course, be null and void." It will readily be perceived from the fore- going instructions, that it is not contemplated by the act of Congress above referred to, to surrender to the State any land covered by any valid claim "by pre-emption or other- wise;" consequently, the law of this State, allowing persons having claims upon the public lands by virtue of improve- ments thereon, to register them as lands selected by the State, and then to purchase them from our own State officers, con- flicts in a very material point, with the instructions from the General Land Office. It is of the utmost importance to the cause of education in this State, that these selections should be made as soon as practicable. In order to accom- plish this object, our laws relative to the making of these selections, must harmonize with the requirements of the General Government. The General Assembly addressed a memorial to Congress protesting against the instructions of the General Land Office, and praying that those instructions might be so modified as to give our State the benefit of the act of Congress of the 4th of September, 1841. Of the fate of that memorial the executive, up to the present time, has received no intelligence. Whether it will be more advan- tageous to the cause of education and the interests of the State, to await the result of that memorial, than immediately to cause our laws relative to these selections, to harmonize with the instructions of the General Land Office, I leave for GOVERNOR ANSEL BRIGGS 387 you to determine, as the selections are at present suspended, and as they will so continue, until either Congress or the General Assembly shall act upon the matter. I trust the subject will receive that attention at your hands which its high importance demands. Below is presented the number of all able-bodied white male citizens, between the ages of eighteen and forty-five years, subject to military duty in each of the counties which have been reported to me, in accordance with an act en- titled ' 'An Act requiring the assessors to take lists of per- sons subject to military duty," approved January 25, 1848. COUNTIES. NUMBER. Lee, 2688 Johnson, ..... 666 Poweshiek, ..... 61 Linn, 704 Cedar, 539 Iowa, ...... 81 Clinton, 383 Jackson, ..... 1025 Jasper, . . . . . 108 Keokuk, 485 Louisa, ...... 668 Washington, . . . . . 566 Davis, 721 Dallas, 59 Polk, 678 Clayton, ...... 419 Henry, 950 Jefferson, 1100 388 MESSAGES AND PROCLAMATIONS OF COUNTIES. NUMBER. Muscatine, / 697 Van Buren, 1640 Buchanan, . . . . . . 71 Whole number reported, . . 14310 Several of the counties have failed to forward an abstract in obedience to the act above mentioned. However irksome the performance of this species of military duty may to some appear, it cannot be denied that a well organized militia is, in every point of view, essentially necessary in this State; and without further comment, I would suggest that at least such an organization be effected as will entitle us to receive our quota of arms from the General Govern- ment. At the special session in January last, the General Assembly forwarded a memorial to Congress, praying for an appropriation of land for the construction of a railroad from Dubuque to Keokuk, through the interior of the State. It was there referred to a committee, the chairman of which, it is understood, reported adversely to the prayer of the memorial, on the ground that the route had not been sur- veyed, nor its practicability and distance reported. A rail- road through the center of our State would most eminently contribute to the development of our agricultural, mineral and other resources. The efforts of the Legislature to obtain from Congress a donation of land for that purpose, must be a source of extreme gratification to the people of the State; and notwithstanding the failure of those efforts, -for causes above stated, there are powerful reasons for a GOVERNOR ANSEL BRIGGS 389 repetition of the attempt to obtain the desired donation. Before another memorial is presented, however, it seems it will be necessary to make a survey of the contemplated route, and to lay before Congress all the information rela- tive thereto, that can be conveniently obtained. Whether you will deem it expedient to leave this preliminary labor to private enterprise and energy, or adopt such measures as will secure its performance on the part of the State, will be a question properly belonging to you to decide. Should you deem it your duty to renew the application on the part of the State, there would seem no impropriety in furnishing Congress, at the expense of the State, all necessary infor- mation connected with such application. It may not be improper to state here, that I have received copies of resolutions adopted by the Legislatures of several of the States, approving of Mr. Asa Whitney's plan of a railroad to connect the Atlantic and Pacific oceans; and which resolutions contain instructions to the representatives in Congress from those States, requesting them to give the project their support. It is believed that this subject will be vigorously pressed upon the attention of Congress at its coming session. Should this project, or a similar one, be favorably viewed by Congress, it may not be unworthy of consideration whether a subsequent application by you to that body for a donation of land for a railroad through the centre of this State, might not be partly based upon the fact that such road could be made to form one of the links in the great chain of railroads connecting the Atlantic and Pacific. A road connecting with the Chicago and Galena road, and then running through the centre of this State to 390 MESSAGES AND PROCLAMATIONS OF Council Bluffs, would, it is believed, effect that object, and at the same time be of great advantage to our citizens. But whatever may be thought of this suggestion, should you deem it your duty to present another memorial to Congress for a donation of land for a railroad through the State, I trust at least that such a route will be selected as will advance the best interests of the people. The Board of Public Works have received thirty thousand dollars from the sale of the lands granted by Congress to aid in the improvement of the navigation of the Des Moines river, and one-half of that sum has been expended on the improvement. I have certified these facts to the President of the United States as required by the act granting the lands. It is understood that the improvement is rapidly progressing under the management of the Board. In the sale of the lands, the thirtieth section of the act entitled u an act creating a Board of Public Works, and providing for the improvement of the Des Moines river," provides that "at the time of the sale, the Treasurer and Secretary shall issue their certificates of the same to the respective purchasers, retaining duplicates thereof, patents shall thereupon issue, signed by the Governor, subject to such regulations as may be prescribed by law." No regulations have yet been prescribed by law for the issuing of these patents, and I would suggest that the Board of Public Works be authorized to prepare and fill them up, and then forward them to the Executive for his signature. One of the most important duties devolving upon the General Assembly, at its present session, is the apportion- ment of the State in accordance with the thirty-first section GOVERNOR ANSEL BRIGGS 391 of the fourth article of the constitution. I rest assured that you will meet this duty with that deliberation which its proper performance demands. The remarks in my message delivered at the special ses- sion, relative to the unfinished condition, and the necessity of completing the Penitentiary of this State, I respectfully reiterate at the present time. The Commissioners appointed to revise the statutes of this State, have submitted a report to me, which is here- with transmitted. The suit relative to the boundary line between this State and Missouri, has, I understand, been taken to the Supreme court of the United States, where it will probably be heard and decided during the present winter. During the interval between the adjournment of the first General Assembly under the constitution, and the opening of the special session, all of the Judges of the Supreme court of this State, who held their offices by virtue of appoint- ment under the General Government, tendered their resigna- tions to me. The eighth section of the fifth article of the constitution provides that "when any office shall from any cause, become vacant, and no mode is provided by the con- stitution and laws for filling such vacancy, the governor shall have power to fill such vacancy, by granting commis- sions, which shall expire at the end of the next session of the General Assembly, or at the next election by the peo- ple." I accordingly filled the vacancies in the Supreme Court by issuing commissions, which, in my judgment, ex- pired at the close of the special session. As the General Assembly neglected to elect Judges during that session, at 392 MESSAGES AND PROCLAMATIONS OF its close, I issued commissions to the gentlemen now filling the offices of Chief Justice and Associate Justices of the Supreme Court. Those commissions will expire at the close of the present session, and it will be your duty to elect judges of the Supreme Court in compliance with the consti- tution and laws. It will also be your duty to elect two United States Sen- ators. Two sessions of the General Assembly have been held since our State organization, during which the election of United States Senators, and judges of our Supreme Court, were duties enjoined upon it by the constitution. Unfortu- nately for the State, those duties have not yet been per- formed. If this result arose from difficulties which presented themselves, and which members felt unable to surmount without further consultation with their constituents, I feel confident that, as you are fresh from the people, you have received such instructions from them, as will enable you to discharge these duties with promptitude and harmony. I cannot refrain from again impressing upon your minds the propriety of a speedy and energetic discharge of your various duties; that accuracy and dispatch should character- ize all of your proceedings; that no matters foreign to the interests of the State should be introduced into your delib- erations; and may we all so perform our duties as to receive the approbation of the people, of our own consciences, and the approving smile of Heaven. ANSEL BRIGGS. IOWA CITY, DECEMBER 5, 1848. GOVERNOR ANSEL BRIGGS 393 To His Excellency the Governor of Iowa : The undersigned who were appointed by an act of January 25th, 1848, to draft, revise and prepare a code of laws for the State of Iowa, beg leave to report: That they have not been able to complete the task assigned them, and that it will require from three to five months in order to mature their work. The great mass of the work is in writing, but we have not been able to give it that consideration which it demands before it is presented. The work of revising and writing alone has required the greater portion of the time since it was commenced. To digest it is the more important part of our task, and which remains to be done. The importance of the work, and the consequences which will flow from a good or bad performance of it, are so great, that the under- signed are not willing to pass it without the most mature care. The revised code is intended to be a permanent work. All future legisla- tion will have relation to it. If it is made complete and harmonious, but little legislation will be hereafter required on subjects of a general nature. If it is left incomplete and incongruous, it will require repeated amendments and alterations, until we shall no longer have a code. Unless such a work receives the maturest care and con- sideration, it were as well if it were not undertaken. Your excellency will permit us to suggest that in no case, we believe, has a whole code of Statute law been prepared in one year. In Massachusetts two years were allowed three commissioners to prepare the criminal portion alone of their code. The commissioners of the revision in New York, at the end of the first year reported upon only one department of the Statute law. You will permit us to suggest further, that several radical changes in important branches were expected in a revision, and though the undersigned are prompt to adopt such, yet they should not be made without the most mature consideration. In presenting these views, sir, we have (in the words of our oath) "an eye single to the good of the people of Iowa;" and in present- 394 MESSAGES AND PROCLAMATIONS OF ing them, we trust we shall receive the indulgence of the General Assembly. If we were permitted a suggestion, it would be, that the present session be made a brief one, and that an adjournment take place to a future day some months hence. We are your Excellency's With sentiments of High consideration, W. G. WOODWARD, CHARLES MASON, S. HEMPSTEAD. IOWA CITY, DEC. 4th, 1848. SECOND BIENNIAL MESSAGE DECEMBER 3, 1850 From the Journal of the House of Representatives, p. 8 Gentlemen oftlie Senate, and House of Representatives: Since the close of the last session of the General Assembly, it can with propriety be said that, as a people, we have en- joyed the blessing of general health. It is true, some por- tions of our State have, for a short period, been visited by a malignant disease, which, in other States of our confed- eracy, has carried thousands to the tomb, yet within our own borders, through the mercy of the sovereign Ruler of the Universe, its fierce ravages have been stayed, and but a small number of our people have fallen victims before the destroyer; though that number, small as it was, embraced some of our most prominent and distinguished citizens. While we deeply sympathise with those who are filled with sorrow for the loss of relatives and friends, our hearts should overflow with gratitude to Him who directs the pes- tilence, for the evidence he has given us of his kind care and consideration, and for the many and great blessings which he has showered upon our State and country. Notwithstanding the prevalence of the disease as above mentioned, Iowa has steadily increased in population and wealth; her energies have been strengthened; her resources are being constantly developed ; emigration is rapidily pour- 396 MESSAGES AND PROCLAMATIONS OF ing in upon and spreading over her broad and fertile domain; and the evidence of enterprise and prosperity can be seen on every hand. Should we continue to be blessed by the smiles of Providence, we have every reason to believe that our course will continue to be onward and upward. The following statement exhibits the amount of the receipts and disbursements of the Treasury, from the report of the Treasurer, bearing date October 31, 1848, up to November 4th, 1850. BECEIPT8. PAYMENTS. Amount in Treasury October 31, 1848 $ 1,394.40 Amount received up to March 5th, 1849 24,924.47 Amount disbursed up to March 5th, 1849 $22,976.55 Amount received up to June 4th, 1849 18,281.32 Amount disbursed up to June 4th, 1849 15,890.89 Amount received up to November 5th, 1849 7,067.85 Amount disbursed up to Novem- ber 5th, 1849 13,280.19 Amount received up to March 4th, 1850 30,689.60 Amount disbursed up to March 4th, 1850 26,108.63 Amount received up to September 2d, 1850 7,666.94 GOVERNOR ANSEL BRIGGS 397 RECEIPTS. PAYMENTS. Amount disbursed up to Septem- ber 2d, 1850 $ 11,586.74 Amount received up to November 4th, 1850 $ 429.75 Amount disbursed up to Novem- ber llth, 1850 599,94 Total amount of receipts and dis- bursements to November 4th, 1850 $90,444.33 $90,442.94 Balance in the Treasury 1.39 By the Auditor's Report of December 4th, 1848, it will be seen that the liabilities of the State on outstanding war- rants, at that time amounted to $22,651.62. From that period up to November 30th, 1850, the receipts of the treasury were $90,444.12, and the expenditures $90,442.94. This latter sum embraces the interest paid on the State loan, and $11,685.75 of the liabilities on the 4th of December, 1848; thus decreasing our liabilities on outstanding war- rants, on the 30th of November, 1850, to $10,965.87. The resources to discharge these liabilities, and to meet the ex- penses of the coming year, are $24,154.83, due from the counties, prior to the year 1850, and the revenue assessed in 1850, amounting to $56,538.33. The revenue for State purposes in 1848, amounted to $36,129.05, consequently, the assessment of 1850, shows an increase of the revenue from taxable property within the State, of $20,409.28. Should the revenue continue to increase in the same propor- tion, we may reasonably expect that our State will, in a few 3J)8 MESSAGES AND PROCLAMATIONS OF years, be freed from all incumbrances. For further informa- tion in regard to our financial condition, I respectfully refer you to the Auditor's Report. By an act approved Jan. 16th 1847, I was authorized to agree with the State of Missouri, for the commencement and termination of such suit as might be necessary to procure a final decision by the Supreme Court of the United States, in regard to the southern boundary line of the State; and I was also required to employ counsel to conduct the suit on our part, and to do whatever might be necessary to maintain our rights in the premises. In pursuance of the authority thus granted, I did, in the following February, appoint the lion. Charles Mason of Burlington, to act as counsel on behalf of the State; and I also immediately afterwards noti- fied the Governor of Missouri of the passage of the above mentioned act, and of the appointment of Mr. Mason. On the 2nd Monday in June, 1847, the counsel on both sides met and agreed to institute an amicable suit. The cause came on for argument before the Supreme Court in Feb- ruary, 1849. It appears from the fact set forth in the decree of the Court, that in 1816, the United States caused to be run and marked two lines as part of a boundary between the United States and the Great and Little Osage Nations of Indians; the first line beginning on the eastern bank of the Missouri river, opposite the middle of the mouth of the Kansas river, and extending north one . hun- dred miles, where a corner was made by Mr. Sullivan, the surveyor acting on behalf of the United States, and the Osage Nations, that from that corner a second line was then run and marked by the Surveyor, which was intended to be GOVERNOR ANSEL BRIGGS 399 run due east, on a parallel of latitude, but which, by mis- take, varied about two and one-half degrees towards the north of a due east and west line; that that portion of ter- ritory west of Sullivan's first line, and between the. same and the Missouri river, was added to Missouri by an act of Congress of June 7th, 1836; and the court accordingly decreed that "the true and proper northern boundary line of the State of Missouri, and the true southern boundary of the State of Iowa, is the line run and marked in 1816, by John C. Sullivan, as the Indian boundary, from the north- west corner made by Sullivan, extending eastwardly, as he run and marked the said line, to the middle of the Des Moines river, and that a line run due west, from said north- west corner to the middle of the Missouri river, is the proper dividing line between said State west of the aforesaid corner; and that the States of Missouri and Iowa are bound to conform their jurisdiction up to said line on their re- spective sides thereof, from the river Des Moines to the river Missouri." Our State now embraces the territory lying between the line run by Missouri in 1837, as her northern boundary line, from the river Des Moines due west to the Missouri river, and the line established by the decree. Every citizen of the State must feel gratified that the vexatious question concerning our southern boundary, is at length settled. The condition and wants of the territory acquired will, I trust, receive your early and earnest attention. Joseph C. Brown of the State of Missouri, and Henry B. Hendershott of the State of Iowa, were appointed Com- missioners by the United States Supreme Court, to survey 400 MESSAGES AND PROCLAMATIONS OF and mark the line fixed by the decree, and make returns to the Court on or before the first day of January, 1850. Mr. Brown having died previous to executing his duties, Robert W. Wells, of Missouri, was appointed in his place. The Commissioners were further ordered by the Court, to cor- respond with the Chief Magistrate of Missouri and Iowa, and request the cooperation and assistance of the State authorities, in the performance of their duties. In a communication received by me from Mr. Hender- shott, under date of May 57th, 1848, [May 27, 1849] he suggested the propriety of the authorities of Iowa and Mis- souri immediately making some arrangements by which the Commissioners would be furnished funds to enable them speedily to prosecute their duties. The suggestion appeared to me both reasonable and proper; and as the legislature had made no provision for such services as the Commis- sioners had been ordered by the Court to request the aid of the State authorities and as it was of the highest impor- tance that the boundary line should be marked as speedily as possible, I conceived it my duty to furnish Mr. Hender- shott with a portion of the means necessary to prosecute the duties assigned the Commissioners. Being unable to obtain the funds in any other quarter, I was compelled, though with great reluctance, to solicit from the Superintendent of Public Instruction, a loan from the School Fund, which I obtained to the amount of $2,000, and gave my individual promissory note, (secured by bond,) for its repayment which note bears interest according to the law in regard to the loaning of the School Fund, and is due and payable on the 15th of September, 1849 and GOVERNOR ANSEL BRIGGS 401 placed the money in the treasury, subject to the order of Mr. Hendershott. Should you coincide in the opinion that the pressing emergency justified the course pursued by me, I would recommend that an appropriation be made to replace, as speedily as possible, the money thus withdrawn from the School Fund. In a communication from Mr. Hendershott, under date of October 23d, 1850, I have been informed that the Commis- sioners completed their work on the 18th day of September last, and that a return of the survey was filed by him in the office of the Secretary of State, on the 17th day of October following. Mr. Hendershott further informs me that "the amount of money expended by Iowa is $2,180.33, and the amount expended by Missouri is $2,099.86 cents. These sums, ($4,280.19,) include every expense incurred, except for instruments, ( which are yet on hand ) and such compen- sation as may be made to the Commissioners, and such fur- ther compensation over and above $3.00 per day, as shall be allowed the Surveyors, whose duties were arduous, and faithfully discharged. This matter should also receive your attention. The communications of Mr. Hendershott, one bearing date May 27th, 1849, and the other October 23d, 1850, are herewith submitted. Great credit is due Mr. Mason for the zeal, industry and ability shown by him in the management of the suit on the part of the State. He thought proper to secure the services of a distinguished lawyer of another State, as assisting counsel, informing him at the same time, that he had no 402 MESSAGES AND PROCLAMATIONS OF authority to employ additional counsel, but that if he would undertake the case, the Legislature would, no doubt, grant him a reasonable compensation. From the magnitude of the case, and the great interests involved, this step on the part of Mr. Mason was, most unquestionably, dictated by prudence and sound policy. It would therefore be proper that such an appropriation be made, as in your judgment will be a reasonable and adequate compensation for the ser- vices thus rendered. The act for the settlement of the boundary line, appro- priates $1,000 to carry the same into effect. That amount has been drawn from the treasury by Mr. Mason. By ref- erence to his report which is herewith submitted it will be seen that his expenses in travelling to different points to take depositions, collect testimony, etc., and his expenses at Washington, amount to $980.00, which nearly covers the sum appropriated, and leaves him a mere pittance for his time and labor justice would seem to demand that an additional appropriation should be made in his favor. It is to be hoped that a very considerable portion of your time and attention will be expended in efforts to perfect our system of Common School education. The law passed at the last session of the Legislature, cured many of the defects existing in the previous law; but there are deficiencies in the present law which demand your action. It is expected that the Commissioners appointed to revise the code, will examine the School Law, and either present a new one, or prune away the excresences, and supply the wants of the one now on the statute book. The report of the Superin- tendent of Public Instruction, together with the report of GOVERNOR ANSEL BRIGGS 403 the Commissioners will, doubtless, materially aid you in determining what measures are necessary to advance the interests of Common Schools. The Superintendent of Public Instruction, in his last report to the Legislature, takes the ground that some plan ought to be adopted whereby the expenses attending the management of the School Fund may be decreased. To remedy the evil, he recommends that the law providing for county Fund Commissioners be abolished, and the office of State School Fund Commissioners created. The labors of the county Fund Commissioners are arduous and compli- cated, and it may be questionable whether a State Fund Commissioner could properly attend to them. The Super- intendent may, possibly, submit a different plan in his forthcoming report to you. Any scheme which you may adopt, whereby the objection may be wholly, or in part removed, would certainly be desirable. The Constitution provides, in the second section of the tenth article that "the General Assembly shall encourage, by all suitable means, the promotion of intellectual, scien- tific, moral and agricultural improvements. " No steps have been taken by the Legislature, since the adoption of the Constitution, for the advancement of agriculture. This portion of the Constitution is as obligatory and binding as any other. It was probably inserted for the reason that our State has every facility for becoming, in an eminent degree, an agricultural State. The best method of cultivat- ing the soil is, and it is believed ever will be, a subject of the first importance to a large majority of the citizens of the State. The greater portion of those who attend our Com- 404 MESSAGES AND PROCLAMATIONS OF mon Schools will become agriculturalists, when the term of their education expires; and consequently, any knowledge which they may obtain, touching ithat branch of industry, will be to them of the most essential service. It would therefore seem to become your duty to enquire whether books relative to agricultural science, can, with propriety, be introduced into our Normal and Common Schools. I feel confident that, if introduced, the most beneficial results may be anticipated. The formation of agricultural societies should also be encouraged; and I trust that any facilities which you can supply, for the promotion of such societies, will be cheer- fully granted. A law was passed at the last session for dividing the State into three districts, and for the establishment of a Normal School in each district, for the education of school teachers and others. The State has been thus divided, and a board of trustees appointed for each district, as required by the act. The law further provides that the Schools shall be established, at Andrew, Oskaloosa and Mount Pleasant. The school at Andrew commenced on the 21st of Novem- ber, 1849. It is now under the Superintendence of teachers who are graduates of the New York State Normal School a respectable number of pupils attend the institution, and its prospects are flattering. The trustees are erecting a building for the use of the school, at an estimated cost of $2,500 about $1,000 of which has been already expended. A very commendable zeal is manifested in that quarter for the support of the school. It is understood a similar feeling exists in each of the other districts, although I am not able GOVERNOR ANSEL BRIGGS 405 to state the progress of those schools. That information you will probably obtain from the Report of the Super- intendent of Public Instruction. Wherever the Normal system has been in operation, in other States, the most fortunate results have been experi- enced. By the annual report of the executive committee of the State Normal School of the State of New York, made to the Legislature of that State, on the llth of February, 1850, it appears that the first term of that school began on the 18th of December, 1844. From that period up to the time the report was made, four hundred and twenty-eight pupils had graduated, and a large proportion of them had accepted situations in Common Schools; and, with few exceptions, had acquitted themselves in such a manner as to do honor to the school. The committee are of the opinion that these teachers have caused great improvement in the schools where they have taught, and that they have been highly instrumental in advancing the cause of Common School education. Permit me to express the hope that the Normal Schools established in our State, will receive the fostering care of the Legislature. If there exists any opposition to them, it would seem to spring from a misapprehension of their objects. It is understood that there are two features char- acterising them which are not found in other schools or academies: First, the State pupil is required to devote his attention exclusively to obtaining an education, and to such studies as will qualify him to perform, in a superior manner, the duties of a Common School teacher; and, secondly, he is required to learn the best mode of communicating to 406 MESSAGES AND PROCLAMATIONS OF others the knowledge which he has obtained. As experience teaches that these schools are productive of much good, any measures adopted by you which will conduce to their per- manent prosperity, will, I feel assured, meet with the hearty approbation of the f riends of education throughout the State. Hon. Josiah H. Bonney was appointed by me to procure a suitable block of marble, to be furnished by the State of Iowa, for the Washington Monument. He has discharged the duty assigned him, as will be seen by his letter to me of November 30th, 1850, which is herewith submitted. The Commissioners to revise the Code, have informed me that their labors are nearly completed. A portion of their report is herewith submitted. 1 The Board of Public Works have not made their report to me, as required by the statute. Some justifiable cause has, undoubtedly, produced the delay. The first section of the seventh article of the Constitution, provides that the militia of this State shall be composed of all able bodied white male citizens, between the ages of eighteen and forty -five years; except such as are or may here- after be exempt by the laws of the United States, and shall be armed, equipped and trained as the General Assembly may provide by law. In my last Message I presented the number of all able- bodied white male citizens, between the ages of eighteen and forty -five years, subject to military duty, in each of the counties which had been reported to me, in accordance with an act entitled "an act requiring the assessors to take lists of persons subject to military duty, approved Jan. 25, 1848, 1 See note below, p. 411. GOVERNOR ANSEL BRIGGS 407 and urged an organization of the militia as speedily as prac- ticable. No steps, however, were taken by the last Gen- eral Assembly to effect that object. The 3d section of the above mentioned article of the Constitution provides that "all commissioned officers of the militia (staff officers ex- cepted) shall be elected by the persons liable to perform military duty, and shall be commissioned by the Governor." The militia law is at present a dead letter upon the statute book. Some measures should be taken to arrange the militia into divisions, brigades, regiments,