that the prohibition referred to was one that had a pecuniary basis, and could only apply and was intended to apply to transactions arising out of business dealings, and hence did not include charters of an eleemosynary character, or a charity, or the like. They further argued that the charter in question was a grant from a British king while New Hampshire was a British dominion and part of the British Empire, and when the United States secured its independence and became an independent nation, the State of New Hampshire acquired sovereignty over Dartmouth College. The constitution of that State manifested its desire to promote literature, learning and education, and it therefore had power to pass the amendments to the charter of Dartmouth College, which in no manner interfered with its educational objects and duties, or lessened its interest in promoting scholarship.

Daniel Webster and his colleague took the ground that the charter of Dartmouth College was in law a contract, and that the changes made by legislation impaired the obligations of the contract, and that such legislation violated the national constitution, and was consequently void and of no effect.

The case came up for argument in the Supreme Court of the United States on the 10th day of March, 1818. It was a new question and excited much interest in the eastern states. Mr. Webster and Mr. Hopkinson appeared for the appellant and Mr. Holmes and William Wirt, attorney-general for the United States, appeared for the other side. The attorneys were all able men and in the arguments all put forth their best efforts. The arguments lasted for more than a week, and at the conclusion, the court continued the case. for advisement. At the second day of the February term, 1819, the judgment of the court was pronounced by Chief Justice Marshall, and was concurred in by all the judges, except Justice Duvall, who does not appear to have filed an opinion. He must simply have said, "Mr. Clerk, enter my name as dissenting."

I do not deem it necessary to go to any length in detailing the reasons Chief Justice Marshall assigned for the judgment he pronounced. It presented new questions that had never

been touched before this suit was brought. A legislative body. composed, it must be assumed, of fair-minded men, after strong debate, had sanctioned by their votes the passage of the acts in question, the highest tribunal of the State, after argument before it, had declared their legislative acts to be in accord with the existing law. These circumstances, as the. Chief Justice substantially said, all had their influence in requiring the whole court to give grave study and deep thought to the questions involved before reaching a conclusion. The opinion he prepared had all the marks of great care and anxious consideration, since every point in the case is shown to have been earnestly examined and critically weighed.

The opinion commences by a reference to the amendments made to the charter of the college by the Legislature of New Hampshire, and the refusal of the majority of the trustees to accept these amendments, which gave rise to the suit brought by and in the name of the college. It then says that it requires no arguments to prove that the circumstances of the case constituted a contract, and that in this transaction every ingredient of a legitimate and complete contract is to be found. It next says the points for consideration are:

1. Is this contract protected by the constitution of the United States?

2. Is it impaired by the acts under which the defendant holds?

The opinion answers both these questions in the affirmative, and held the legislation in dispute void and of no effect.

This decision has admonished State legislatures to keep within the bounds prescribed by the Federal constitution, and to tear down the veil behind which the obligations impairing the sanctity of contracts are sought to be hidden by crafty individuals.

Justices Bushrod Washington and Joseph Story both drew up separate opinions in the case, which were filed and read by them after the Chief Justice concluded. There was no conflict between them and the Chief Justice. Bushrod Washington was a nephew of George Washington, and had the clear mind and sound judgment that distinguished his revered uncle.

Timothy Farrar was one of the twelve trustees, and when the litigation had come to a final end, he published a book in which was narrated the proceedings in both the State and Federal courts, together with full arguments of counsel in both courts, and the full findings of the judges in both of the courts. The book met with a great sale, for the case had attracted much attention among the lawyers and the library of nearly every attorney, except those south of Virginia, had a copy of it.

Muscatine, Iowa.

mer.

MORMONS COMING: We are informed that a Mormon Elder has been in this city, and made arrangements with H. W. Love to have between 50 and 100 hand-carts made as soon as possible, to be used in crossing the plains the coming sumBetween three and four thousand of the faithful followers of Prince Brigham are expected here between the 1st and 10th of next month. They purchase their wagons in Chicago, but they are to come here and lay in a stock of provisions, and the necessary outfit for the trip. The Mormons are mostly English, Welsh and Danes, and will most probably go better prepared to endure the hardships of the journey than did those who went out in the summer of 1856.-Iowa City Republican. From St. Charles City Intelligencer, May 19, 1859.

THE NEW STEAMER, "Demoine City," arrived at Des Moines a few days since, with a full load of freight and several passengers. She was built at Pittsburg, expressly for the Des Moines river trade, and is the best boat we have yet seen on the river, although not quite equal in cabin capacity to the Flora Temple. Our citizens greeted with pleasure a boat that bears the name of their city, and large numbers visited her during her stay in port. Gov. Lowe and J. B. Stewart, Esq., were among her passengers down the river.— Citizen.-From St. Charles City Intelligencer, May 12, 1859.

THE BLOTTING OUT OF AN IOWA TOWN.

BY THE LATE CAPT. S. B. EVANS.

"Aqui fue Grenada!" This was the terribly suggestive legend inscribed on bulls' hides and erected on the ruins of the city destroyed by the rough riders of William Walker, the gray-eyed man of destiny, during the invasion of Nicaragua by the filibusters. Yet there were ruins of Grenada to mark the spot and to invite the rebuilding of another city greater than the one that had perished through the calamities of war. There was an Iowa town, however, that at one time was of considerable importance and now there is not a vestige of it remaining. There is nothing to identify the site except tradition and the records that confine its limits within certain boundaries. There are no remains; no foundation walls; no more to mark the site than if it had been but an Indian village of wickiups. The town was known as Iowaville, situated on the borders of Van Buren and Davis counties. If its location is to be preserved it is well that its site be recorded in The Annals, and that there be set up a tablet of stone on which may be inscribed, "Here was Iowaville!"

The village of Iowaville was laid out by a company in 1838. The Sac and Fox Indians had sold 1,250,000 acres of land in this vicinity and reserved two years' time on the land, after which James Jordan, William Phelps and John Tolman bought the Indians' time for $3,000. The sale of time was made in the fall of 1837; in 1838 the Indians vacated and in the spring of that year the place known as Iowaville was laid off. Black Hawk and a few Indians remained. Phelps and Jordan were the earliest settlers, they having come in the fall of 1837. Jordan had the first trading-post. The next settlers to arrive were Joel T. Avery, John Newport, Job Carter and Crittenden Forquraen, and their families, and Peter Avery, William Avery and William McMullen, unmarried.

William Avery was the first postmaster, the mail being brought in on horseback. Lanson Smith, who came later, was the first physician. The first blacksmith was Robert Rathbun. The first boat up the river as far as this point was the "Pavilion," belonging to the American Fur Company. This boat arrived in 1838. The death of Daniel McMullen was the first in the place. Minerva Forquraen was the first child born. Thomas Gardner and Sevilda Moody were the first couple married. William Avery was the first justice and William Kirkman the first constable. Missionaries preached here, but there was never a church building erected. A schoolhouse was built in 1843 and a Mr. Clark was the first teacher. From Hon. Robert Sloan, who in his early years was a school-teacher in Iowaville, I get the following: William and Peter Avery made their first appearance in the region in 1832; they were agents of the American Fur Company and established a trading-post on the river opposite the site of Iowaville; building a blockhouse there for protection. They continued this trading-post until the year 1842, when the new purchase was open. The Indians removed as far away as Monroe county and spent a winter there, on a creek that has since been known as Avery Creek. The Avery brothers removed with the Indians that winter and went with them to Indian Territory. James Jordan, who is so prominently identified with Iowaville, came to Iowa or Wisconsin Territory in 1819, first stopping at St. Francisville, Missouri.

Black Hawk's residence was on the Des Moines river and opposite Iowaville. The little town of Black Hawk was situated there and it was there that A. J. Davis had his famous distillery which was the foundation of the fortune that his heirs fought over several years ago in Montana. In 1851 there was high water until the water covered the prairie in the locality of Iowaville. The river was about three miles wide. The north and south line of the Black Hawk purchase ran through the town. Iowaville flourished in 1855-56, but subsequently the D. V. railroad was established and it began to go down. In 1870 the town of Eldon sprang up and Iowaville disappeared. Until the year 1860 the council ring of Black Hawk was preserved at the western boundary of Iowa