and those holding under him were made by both District and Supreme Courts, but in December, 1850, these decisions were finally reversed by the Supreme Court of the United States in the case of Joseph Webster, plaintiff in error, vs. Hugh T. Reid, and the judgment titles failed. About nine years before the "judgment titles" were finally abrogated as above, another class of titles were brought into competition with them, and in the conflict between the two, the final decision was obtained. These were the titles based on the "decree of partition" issued by the United States District Court for the Territory of Iowa, on the 8th of May, 1841, and certified to by the Clerk on the 2d day of June of that year. Edward Johnstone and Hugh T. Reid, then law partners at Fort Madison, filed the petition for the decree in behalf of the St. Louis claimants of half-breed lands. Francis S. Key, author of the Star Spangled Banner, who was then attorney for the New York Land Company, which held heavy interests in these lands, took a leading part in the measure, and drew up the document in which it was presented to the court. Judge Charles Mason, of Burlington, presided. The plan of partition divided the tract into one hundred and one shares and arranged that each claimant should draw his proportion by lot, and should abide the result, whatever it might be. The arrangement was entered into, the lots drawn, and the plat of the same filed in the Recorder's office, October 6, 1841. Upon this basis the titles to land in the Half-Breed Tract are now held.

EARLY SETTLEMENTS.

The first permanent settlement by the whites within the limits of Iowa was made by Julien Dubuque, in 1788, when, with a small party of miners, he settled on the site of the city that now bears his name, where he lived until his death, in 1810. Louis Honori settled on the site of the present town of Montrose, probably in 1799, and resided there until 1805, when his property passed into other hands. Of the Giard settlement, opposite Prairie du Chien, little is known, except that it was occupied by some parties prior to the commencement of the present century, and contained three cabins in 1805. Indian traders, although not strictly to be considered settlers, had established themselves at various points at an early date. A Mr. Johnson, agent of the American Fur Company, had a trading post below Burlington, where he carried on traffic with the Indians some time before the United States possessed the country. In 1820, Le Moliese, a French trader, had a station at what is now Sandusky, six miles above Keokuk, in Lee County. In 1829, Dr. Isaac Gallaud made a settlement on the Lower Rapids, at what is now Nashville.

The first settlement in Lee County was made in 1820, by Dr. Samuel C. Muir, a surgeon in the United States army, who had been stationed at Fort Edwards, now Warsaw, Ill., and who built a cabin where the city of Keokuk now stands. Dr. Muir was a man of strict integrity and irreproachable character. While stationed at a military post on the Upper Mississippi, he had married an Indian woman of the Fox nation. Of his marriage, the following romantic account is given:

The post at which he was stationed was visited by a beautiful Indian maiden—whose native name, unfortunately, has not been preserved-who, in her dreams, had seen a white brave unmoor his canoe, paddle it across the river and come directly to her lodge. She felt assured, according to the superstitious belief of her race, that, in her dreams, she had seen her future husband, and had come to the fort to find him. Meeting Dr. Muir, she instantly recognized him as the hero of her dream, which, with childlike innocence and simplicity, she related to him. Her dream was, indeed, prophetic. Charmed with Sophia's beauty, innocence and devotion, the doctor honorably married her; but after a while, the sneers and gibes of his brother

officers-less honorable than he, perhaps―made him feel ashamed of his dark-skinned wife, and when his regiment was ordered down the river, to Bellefontaine, it is said he embraced the opportunity to rid himself of her, and left her, never expecting to see her again, and little dreaming that she would have the courage to follow him. But, with her infant child, this intrepid wife and mother started alone in her canoe, and, after many days of weary labor and a lonely journey of nine hundred miles, she, at iast, reached him. She afterward remarked, when speaking of this toilsome journey down the river in search of her husband, "When I got there I was all perished away—so thin!" The doctor, touched by such unexampled devotion, took her to his heart, and ever after, until his death, treated her with marked respect. She always presided at his table with grace and dignity, but never abandoned her native style of dress. In 1819-20, he was stationed at Fort Edward, but the senseless ridicule of some of his brother officers on account of his Indian wife induced him to resign his commission.

After building his cabin, as above stated, he leased his claim for a term of years to Otis Reynolds and John Culver, of St. Louis, and went to La Pointe, afterward Galena, where he practiced his profession for ten years, when he returned to Keokuk. His Indian wife bore to him four children-Louise (married at Keokuk, since dead), James, (drowned at Keokuk), Mary and Sophia. Dr. Muir died suddenly of cholera, in 1832, but left his property in such condition that it was soon wasted in vexatious litigation, and his brave and faithful wife, left friendless and penniless, became discouraged, and, with her children, disappeared, and, it is said, returned to her people on the Upper Missouri.

Messrs. Reynolds & Culver, who had leased Dr. Muir's claim at Keokuk, subsequently employed as their agent Mr. Moses Stillwell, who arrived with his family in 1828, and took possession of Muir's cabin. His brothers-in-law, Amos and Valencourt Van Ansdal, came with him and settled near.

His daughter, Margaret Stillwell (afterward Mrs. Ford) was born in 1831, at the foot of the rapids, called by the Indians Puch-a-she-tuck, where Keokuk now stands. She was probably the first white American child born in Iowa.

In 1831, Mr. Johnson, Agent of the American Fur Company, who had a station at the foot of the rapids, removed to another location, and, Dr. Muir having returned from Galena, he and Isaac R. Campbell took the place and buildings vacated by the Company and carried on trade with the Indians and half-breeds. Campbell, who had first visited and traveled through the southern part of Iowa, in 1821, was an enterprising settler, and besides trading with the natives carried on a farm and kept a tavern.

Dr. Muir died of cholera in 1832.

In 1830, James L. and Lucius H. Langworthy, brothers and natives of Vermont, visited the Territory for the purpose of working the lead mines at Dubuque. They had been engaged in lead mining at Galena, Illinois, the former from as early as 1824. The lead mines in the Dubuque region were an object of great interest to the miners about Galena, for they were known to be rich in lead ore. To explore these mines and to obtain permission to work them was therefore eminently desirable.

In 1829, James L. Langworthy resolved to visit the Dubuque mines. Crossing the Mississippi at a point now known as Dunleith, in a canoe, and swimming his horse by his side, he landed on the spot now known as Jones Street Levee. Before him spread out a beautiful prairie, on which the city of Dubuque now stands. Two miles south, at the mouth of Catfish Creek, was a village of Sacs and Foxes. Thither Mr. Langworthy proceeded, and was well received by the natives. He endeavored to obtain permission from them to mine in their hills, but this they refused. He, however, succeeded in gaining the confidence of the chief to such an extent as to be allowed to travel in the interior for three weeks and explore the country. He employed two young Indians as guides, and traversed in different directions the whole region lying between the Maquoketa and Turkey Rivers. He returned to the village, secured the good will of the Indians, and, returning to Galena, formed plans for future operations, to be executed as soon as circumstances would permit.

In 1830, with his brother, Lucius H., and others, having obtained the consent of the Indians, Mr. Langworthy crossed the Mississippi and commenced mining in the vicinity around Dubuque.

At this time, the lands were not in the actual possession of the United States. Although they had been purchased from France, the Indian title had not been extinguished, and these adventurous persons were beyond the limits of any State or Territorial government. The first settlers were therefore obliged to be their own law-makers, and to agree to such regulations as the exigencies of the case demanded. The first act resembling civil legislation within the limits of the present State of Iowa was done by the miners at this point, in June, 1830. They met on the bank of the river, by the side of an old cottonwood drift log, at what is now the Jones Street Levee, Dubuque, and elected a Committee, consisting of J. L. Langworthy, H. F. Lander, James McPhetres, Samuel Scales, and E. M. Wren. This may be called the first Legislature in Iowa, the members of which gathered around that old cottonwood log, and agreed to and reported the following, written by Mr. Langworthy, on a half-sheet of coarse, unruled paper, the old log being the writing desk:

We, a Committee having been chosen to draft certain rules and regulations (laws) by which we as miners will be governed, and having duly considered the subject, do unanimously agree that we will be governed by the regulations on the east side of the Mississippi River,* with the following exceptions, to wit:

ARTICLE I. That each and every man shall hold 200 yards square of ground by working said ground one day in six.

ARTICLE II. We further agree that there shall be chosen, by the majority of the miners present, a person who shall hold this article, and who shall grant letters of arbitration on application having been made, and that said letters of arbitration shall be obligatory on the parties so applying.

The report was accepted by the miners present, who elected Dr. Jarote, in accordance with Article 2. Here, then, we have, in 1830, a primitive Legislature elected by the people, the law drafted by it being submitted to the people for approval, and under it Dr. Jarote was elected first Governor within the limits of the present State of Iowa. And it is to be said that the laws thus enacted were as promptly obeyed, and the acts of the executive officer thus elected as duly respected, as any have been since.

The miners who had thus erected an independent government of their own on the west side of the Mississippi River continued to work successfully for a long time, and the new settlement attracted considerable attention. But the west side of the Mississippi belonged to the Sac and Fox Indians, and the Government, in order to preserve peace on the frontier, as well as to protect the Indians in their rights under the treaty, ordered the settlers not only to stop mining, but to remove from the Indian territory. They were simply intruders. The execution of this order was entrusted to Col. Zachary Taylor, then in command of the military post at Prairie du Chien, who, early in July, sent an officer to the miners with orders to forbid settlement, and to command the miners to remove within ten days to the east side of the Mississippi, or they would be driven off by armed force. The miners, however, were reluctant about leaving the rich "leads" they had already discovered and opened, and were not disposed to obey the order to remove with any considerable degree of alacrity. In due time, Col. Taylor dispatched a detachment of troops to enforce his order. The miners, anticipating their arrival, had, excepting three, recrossed the river, and from the east bank saw the troops land on the western shore. The three who had lingered a little too long were, however, permitted to make their escape

* Established by the Superintendent of U. S. Lead Mines at Fever River.

unmolested. From this time, a military force was stationed at Dubuque to prevent the settlers from returning, until June, 1832. The Indians returned, and were encouaged to operate the rich mines opened by the late white occupants.

In June, 1832, the troops were ordered to the east side to assist in the annihilation of the very Indians whose rights they had been protecting on the west side. Immediately after the close of the Black Hawk war, and the negotiations of the treaty in September, 1832, by which the Sacs and Foxes ceded to the United States the tract known as the "Black Hawk Purchase," the settlers, supposing that now they had a right to re-enter the territory, returned and took possession of their claims, built cabins, erected furnaces and prepared large quantities of lead for market. Dubuque was becoming a noted place on the river, but the prospects of the hardy and enterprising settlers and miners were again ruthlessly interfered with by the Government, on the ground that the treaty with the Indians would not go into force until June 1, 1833, although they had withdrawn from the vicinity of the settlement. Col. Taylor was again ordered by the War Department to remove the miners, and in January, 1833, troops were again sent from Prairie du Chien to Dubuque for that purpose. This was a serious and perhaps unnecessary hardship imposed upon the settlers. They were compelled to abandon their cabins and homes in mid-winter. It must now be said, simply, that "red tape" should be respected. The purchase had been made, the treaty ratified, or was sure to be; the Indians had retired, and, after the lapse of nearly fifty years, no very satisfactory reason for this rigorous action of the Government can be given.

But the orders had been given, and there was no alternative but to obey. Many of the settlers recrossed the river, and did not return; a few, however, removed to an island near the east bank of the river, built rude cabins of poles, in which to store their lead until Spring, when they could float the fruits of their labor to St. Louis for sale, and where they could remain until the treaty went into force, when they could return. Among these were James L. Langworthy, and his brother Lucius, who had on hand about three hundred thousand pounds of lead.

Lieut. Covington, who had been placed in command at Dubuque by Col. Taylor, ordered some of the cabins of the settlers to be torn down, and wagons and other property to be destroyed. This wanton and inexcusable action on the part of a subordinate clothed with a little brief authority was sternly rebuked by Col. Taylor, and Covington was superseded by Lieut. George Wilson, who pursued a just and friendly course with the pioneers, who were only waiting for the time when they could repossess their claims.

June 1, 1833, the treaty formally went into effect, the troops were withdrawn, and the Langworthy brothers and a few others at once returned and resumed possession of their home claims and mineral prospects, and from this time the first permanent settlement of this portion of Iowa must date. Mr. John P. Sheldon was appointed Superintendent of the mines by the Government, and a system of permits to miners and licenses to smelters was adopted, similar to that which had been in operation at Galena, since 1825, under Lieut. Martin Thomas and Capt. Thomas C. Legate. Substantially the primitive law enacted by the miners assembled around that old cottonwood drift log in 1830 was adopted and enforced by the United States Government, except that miners were required to sell their mineral to licensed smelters and the smelter was required to give bonds for the payment of six per cent. of all lead manufactured to the Government. This was the same rule adopted in the United States mines on Fever River in

Illinois, except that, until 1830, the Illinois miners were compelled to pay 10 per cent. tax. This tax upon the miners created much dissatisfaction among the miners on the west side as it had on the east side of the Mississippi. They thought they had suffered hardships and privations enough in opening the way for civilization, without being subjected to the imposition of an odious Government tax upon their means of subsistence, when the Federal Government could better afford to aid than to extort from them. The measure soon became unpopular. It was difficult to collect the taxes, and the whole system was abolished in about ten years..

During 1833, after the Indian title was fully extinguished, about five hundred people arrived at the mining district, about one hundred and fifty of them from Galena.

In the same year, Mr. Langworthy assisted in building the first school house in Iowa, and thus was formed the nucleus of the now populous and thriving City of Dubuque. Mr. Langworthy lived to see the naked prairie on which he first landed become the site of a city of fifteen thousand inhabitants, the small school house which he aided in constructing replaced by three substantial edifices, wherein two thousand children were being trained, churches erected in every part of the city, and railroads connecting the wilderness which he first explored with all the eastern world. He died suddenly on the 13th of March, 1865, while on a trip over the Dubuque & Southwestern Railroad, at Monticello, and the evening train brought the news of his death and his remains.

Lucius H. Langworthy, his brother, was one of the most worthy, gifted and influential of the old settlers of this section of Iowa. He died, greatly lamented by many friends, in June, 1865.

The name Dubuque was given to the settlement by the miners at a meeting held in 1834.

In 1832, Captain James White made a claim on the present site of Montrose. In 1834, a military post was established at this point, and a garrison of cavalry was stationed here, under the command of Col. Stephen W. Kearney. The soldiers were removed from this post to Fort Leavenworth, Kansas, in 1837.

During the same year, 1832, soon after the close of the Black Hawk War, Zachariah Hawkins, Benjamin Jennings, Aaron White, Augustine Horton, Samuel Gooch, Daniel Thompson and Peter Williams made claims at Fort Madison. In 1833, these claims were purchased by John and Nathaniel Knapp, upon which, in 1835, they laid out the town. The next Summer, lots were sold. The town was subsequently re-surveyed and platted by the United States Government.

At the close of the Black Hawk War, parties who had been impatiently looking across upon "Flint Hills," now Burlington, came over from Illinois and made claims. The first was Samuel S. White, in the Fall of 1832, who erected a cabin on the site of the city of Burlington. About the same time, David Tothero made a claim on the prairie about three miles back from the river, at a place since known as the farm of Judge Morgan. In the Winter of that year, they were driven off by the military from Rock Island, as intruders upon the rights of the Indians, and White's cabin was burnt by the soldiers. He retired to Illinois, where he spent the Winter, and in the Summer, as soon as the Indian title was extinguished, returned and rebuilt his cabin. White was joined by his brother-in-law, Doolittle, and they laid out the original town of Burlington in 1834.

All along the river borders of the Black Hawk Purchase settlers were flocking into Iowa. Immediately after the treaty with the Sacs and Foxes, in Septem