In early 1833, they returned and erected some buildings and made some improvements to the lands they claimed, but were allegedly driven out and the structures burned by United States Army troops out of Fort Armstrong on Rock Island under the command of Lt. Jefferson Davis, since the treaty with the Indians did not require them to yield possession of the land until June 1, 1833.
The Smiths and other settlers returned to Burlington in late 1833 or very early 1834, while the Iowa District was still part of Michigan Territory.
The citizens of Demoins or Des Moines County (the south half of the Iowa District) in October elected Smith and Joseph B. Teas.
The session met in Green Bay on January 1, 1836; Smith and Teas made the journey on horseback, in mid-winter through deep snows.
The legislature passed a bill locating the seat of government at Burlington until March 4, 1839, unless buildings were to be completed sooner at Madison.
The Burlington newspaper described the building as “handsomely built” and a great improvement, as a desk was furnished for each member rather than a single table that was provided in Belmont.