USA > Iowa > Polk County > Centennial history of Polk County, Iowa > Part 3
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The statement of Mrs Sanford in her history, that Cap- tain Allen had his headquarters in 'Coon Row, near the old Tucker or Collins House, seems to be incorrect. Ac- cording to Judge Rice, the officers of the two companies had their quarters in Des Moines Row, and the private soldiers, therefore, must have occupied the other. The blacksmith shop was situated just in the rear of the place where the two rows joined. The brick structure which was erected in 1855, by James Campbell, occupies a place just inside of the point of junction to which we have re- ferred.
The area of land lying between the two rows, was occu-
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OF POLK COUNTY.
pied by several Government buildings, among which were a hospital, a house for hospital stores, a sutler's establish ment, &c. In the rear of the building now known as the Farmers' Home, and formerly as the American House, the old flag staff, a hundred feet high, erected by the soldiers, was yet standing in 1849. For the benefit of the soldiers, a farm of a few acres South of 'Coon, afterward included in a larger farm owned by C. C. Van, was made by order of Captain Allen to produce corn, garden vegetables, &c.
The soldiers' cemetery, still visible at the time indicated, extended from the Northeast corner of Third and Locust street, to a place just east of where the Engine House is located. There were but four or five graves in it. The little daughter of Lieutenant Grier, of whom mention is made in another place, was buried here; and the bereaved father came to Des Moines in 1862, had the remains ex humed, and conveyed them to his Eastern home.
The residence of Judge Burbridge, corner of Walnut and Seventh, was a large, two-story log house, part of which may yet be seen in 1876. The Judge died in office, October 23d, 1851. The F. C. Grimmel house, corner of Sixth and High, is now, though very considerably changed and improved, the abode of his widow. A log house, cor- ner of Ninth and High, was occupied in 1849, by Mr. Hol- comb, Sen. L. D. Winchester, the same year, built the one story brick house on the corner of Fourth street and Court Avenue, in which Captain West formerly lived-the site of which is now covered by the Valley City Bank building. At the same time, Judge Mckay erected a small brick house on what is now called the Fred Getchell property; also P. M. Cassady built a small frame house on the site of Clapp's Block, corner Fifth and Walnut. Henry Everly erected a frame building on the site of Moore's Opera House, corner of Fourth and Walnut. The site of the pres- ent residence of Judge Rice, near Plymouth Church, was as 5
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CENTENNIAL HISTORY
late as 1856, ornamented with a dense growth of hazel bushes. In fact these bushes constituted the prevailing feature of the landscape on the West side of the Des Moines river, the monotony of which was broken on the surrounding hills by forest trees. Many of these trees had been converted into a Garrison building by the industry of the soldiers.
The principal settlements in the County were as follows: One in Jefferson Township on Beaver Creek, where the McClain's, W. H. McHenry, Walter Oyler, Nathan Andrews, and others resided; another in Walnut Township, and oth ers respectively, in the Northern part of the County, on Skunk and in Madison Township; and others still in Saylor Bottom, on Four Mile Creek, at Apple Grove, on Camp Creek and in Allen Township. The little pocket which lies between the Des Moines river and the Warren County boundary, was in early times the abode of Thomas, alias Cumquick, the Ridgeways, and the Parkinsons, all families of bad repute. In 1857, Cumquick was hanged by a mob at Motnezuma, Poweshiek County; and it was not long after this demonstration, before the other ruffians of whom mention is made, were driven away from our County by the advancing tide of a better civilization.
During the administration of Byron Rice, as County Judge, he organized Hardin and Story Counties, the former into two Townships, Kossuth and Washington, and the latter into the Townships of Pierce and Scott, the names of the rival candidates for President in 1852. At that time, 1852, Polk County had jurisdiction, for election and rev- enue purposes, over all Northern and Western Iowa, except Dallas and Boone Counties.
What was called the new Code at the time, went into effect in 1851, the year in which the first County Judge proper, Burbridge, was elected.
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OF POLK COUNTY.
EXTINCTION OF TITLE.
At midnight, October 11th, 1845, the loud report of a gun, which was answered by many others, announced the fact that the rule of barbarism had ceased in this part of the country, and that the reign of civilization had really commenced. At that profound hour of the night when the moon was about to set in the West, leaving the land- scapes of primeval nature obscured by darkness, the title which the Red Man had held for untold centuries in the fertile lands of our County, was suddenly and forever ex- tinguished. Scores of torches, improvised for the occasion, blazed through the gloom, and hundreds of settlers, eager to secure the results of their industry, vigilance, and per- sonal daring, wandered hither and thither over the vast prairies, taking active measures the while to establish the rights of property in the unbroken wilderness of the West !
The sharp clang of axes, as they struck into the trees skirting the streams, was heard on many sides; and where these heavy implements were not accessible, the tom- ahawk of the savage, or the scarcely less civilized knife of the hunter, was employed in carving rude characters on the trunks of trees to indicate the metes and bounds of original claims. It was in this way, using their knives for the pur- pose, that Jacob Frederic, and Jeremiah Church, assisted by the light of a blazing wigwam, whose tenants had de- parted, established the landmarks which identified their property. Although half the night had passed away before the introduction of this wierd and extraordinary scene, thousands of acres of choice lands, distributed here and there, were transferred before the morning light to the own- ership of men, who were destined in a few years to trans- form this wild region from its state of nature, to the high- est condition of improvement of which it is susceptible.
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CENTENNIAL HISTORY
CLAIM ASSOCIATION.
The early settlers of Polk County, like those of other counties in the State, held the lands which they occupied and improved by what is termed a claim right-a tenure just in itself, and the only one available at the time, but in the sequel, it was often found to be precarious, giving rise to sharp controversies, expensive litigations, and in some instances, even to murder! Prior to the year 1848, the lands here, all of which belonged to the Government, were owned by this right so far as they were occupied. During that and previous years, speculators from the East, anticipating the time when the lands would come into market, had thor- oughly explored the country, and made such selections of real estate as would suit them, regardless of the rights of settlers.
In time, the rapacity of speculators, and the selfishness of other men, in regard to claim rights, became so alarming and aggressive, that on the 8th day of April, 1848, a meet- ing of citizens was held at Fort Des Moines, to take some conclusive action for the defense of the settlers. William H. Meacham was called to the Chair, and L. D. Winchester was chosen Secretary. Dr. T. K. Brooks, and Josiah Myers addressed the meeting in an appropriate manner on the rights of claim-holders; and a committee, composed of Messrs. Winchester, Mitchell, Scott, Sypher, and Saylor, was appointed to draft resolutions expressive of the popular sense on that occasion. We here present them:
1st. Resolved, That we will protect all persons, who do or may hold claims, against the interference of any persons who shall attempt to deprive such claim holders of their claims and improvements by pre-emption or otherwise.
2d. Resolved, That we will in all cases discountenance the speculator or other persons, who shall thus attempt any innovations on the homes of the rightful settlers; that we will not hold fellowship with such persons, and, they be re- garded as a nuisance in the community.
OF POLK COUNTY.
3d. Resolved, That no person shall be allowed to pre- empt or purchase from Government any land which shall be held as a claim, unless he obtain the consent of the owner or claimant.
' 4th. Resolved, That the filing of an intention to pre- empt any claim, contrary to the rights of the settler, shall be regarded as an attempt wrongfully to deprive the citizen of his home and claim.
5th. Resolved, That a committee of five be appointed. It shall be their duty to inquire into, and adjust all difficul- ties and contentions in claim disputes.
6th. Resolved, That it be the duty of said committee to notify any person who shall pre empt (or attempt to do so, by filing his intention) to leave the vicinity and county, and that they have authority to enforce a compliance with said notice.
7th. Resolved, That we will sustain and uphold said committee in their decisions, and in the discharge of all their duties as defined in the foregoing resolutions.
8th. Resolved, That all persons be invited to sign the foregoing resolutions, and that the signers pledge them- selves to be governed by the same, and to aid in sustaining the same.
The above resolutions were unanimously adopted, and the following gentlemen were appointed a committee, as or- dered by the meeting: Messrs. J. B. Scott, Thomas Mitch. ell, of Apple Grove; John Saylor, of Saylorville; Dr. P. B- Fagan, and Thomas Henderson.
The following signatures were obtained: Wm. Lower, John Harris, Peter Newcomer, Henry Huntington, Dayton Harris, W. H. Meacham, J. B. Scott, P. B. Fagan, Thomas Mitchell, T. Henderson, T. Crabtree, W. A. Scott, W. Wear, John Myers, T. McCall, J. Thompson, Wm. Bradford, N. Ball, J. Bundrum, Joseph Deford, J. M. Kirkbride, John Saylor, John Hayes, J. H. Finch, N. Reeves, Wmn. Cooper, John McMahon, Wm. Hughes, A. S. Dean, P. Wear, E. Keeler, James Anderson, Jerry Church, H. Everly, C. B. Myers, D. L. Jewett, David Norris, Wm. Busick, Jr., Chas. Kurey, R. A. Harban, J. D. McGlothlen, John Bennett, D. S. Cockerham, Benj. Bennett, Jas. T. Thompson, Geo. Knoop,
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CENTENNIAL HISTORY
Asa Fleming, Thomas Gilpin, John Miller, David S. Bow- man, Charles Murrow, Robert Hopkins, Joseph Keeney, Jas. Phillips, L. D. Winchester, Benj. Saylor, H. D. Hendricks, T. Campbell, G. Maginnis, J. C. Jones, J. Frederic, R. W. Sypher, Samuel Kellogg, William Garrett, W. F. Ayres, John S. Dean, Jacob Baycus, Solomon Bales, Geo. Dailey, L. Garrett, A. N. Hayes, G. W. Lucy, T. K. Brooks, Jos. Myers, J. Tridle, J. G. Tuttle, B. Perkins, Jacob Winters, D. Haworth, S. W. McCall, Montgomery McCall, A. W. Hobson, B. F. Frederick, Wm. Busick, Sr., E. Compton, John Wildy, J. Harris, H. John Baird, W. B. Binte, George Krysher, C. Stutsman, D. S. Marts, C. S. Evans, Eli Keeler, Geo. Ogilvie, Wm. Kuren, David Miller, James McRoberts, Franklin Nagle.
In the summer of the same year, a meeting, with the same object, was held in Camp Township. A committee was ap- pointed, consisting of C. Leftwich, E. Canfield, L. M. Burk, Thomas Mitchell, Creth Renfrow, and M. McCall. Just before the September land sales, 1848, R. L. Tidrick was appointed claim agent at a meeting of our citizens. In the performance of his duties, he was to represent claim-holders at the land sales in Iowa City. A number of men were placed at his command; and he was instructed to employ all honorable means to secure the rights of the people, whose interests he was serving. A portion of the Centennial ad- dress of Hon. C. C. Nourse of this city, is here appended:
" The 'claim laws' were unknown to the statutes of the United States. They originated in the 'eternal fitness of things,' and were enforced, probably, as belonging to that class of natural rights not enumerated in the Constitution, and not impaired or disparaged by its enumeration. * *
As far as practicable the Territorial legislature recognized the validity of these 'claims, upon the public lands, and in 1839 passed an act legalizing their sale and making the trans- fer a valid consideration to support a promise to pay for the
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OF POLK COUNTY.
same. (Acts of 1843, p. 456.) The Supreme Territorial Court held this law to be valid. (See Hill v. Smith, 1st Morris Rep. 70.) The opinion not only contains a decision of the question involved, but also contains much valuable erudition upon that 'spirit of Anglo-Saxon liberty' which the Iowa settlers unquestionably inherited in a direct line of descent from the said 'Anglo-Saxon.' "
W. H. McHenry, who came here in 1848, just in the midst of the great claim excitement, states that the people were at that time "a law unto themselves." The machinery of the Courts had been imperfectly introduced; and Lynch Law often took the place of a more civilized Code. The people enacted what were styled Club laws for the govern- ment of society. These laws had special jurisdiction in all cases concerning the rights of claim holders. Each man staked out his claim, and went to work on it, building his cabin and making other improvements.
The Club laws, as Mr. McHenry states, were drafted by Thomas Baker, Mr. Watts, and himself. They provided for the appointment of a committee to settle all disputes as to the ownership of claims and the boundary lines thereof. They also provided for the appointment of a Secretary, "whose duty it should be to make a record of the numbers of the lands belonging to members of the Club." It was further made his duty "to attend the land sales to be held at Iowa City, and bid off the lands for, and in the name of the settlers. The settlers were to attend the sales, as far as practicable, and knock down, and drag out, any person who should attempt to interfere with their Secretary in the pur- chase of any of their lands."
Mr. Tidrick, as Secretary, and the people faithfully per- formed their duty in the enforcement of the Club laws. No continuances were allowed; no dilatory pleas were heard; no appeals were granted by Judge Lynch ! His judgments were swift and certain !
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CENTENNIAL HISTORY
FLEMING WAR.
As a matter of course, many difficulties of extraordinary character, grew out of those conflicts of interest between the speculator and the settler. In the spring of '49, Asa Fleming held a claim South of Fort Des Moines. B. Per- kins, a neighbor, filed an intention to pre-empt the prop- erty. It happened in this case, that both of these men were members of the Claim Club; and for this reason, the act of Mr. Perkins was denounced as an atrocious infraction of the principles to which the Club was committed. Mr. Fleming, incensed at this injustice, informed the Claim members of his wrongs, and a crowd soon gathered around him, eager to vindicate his imperiled rights.
Meantime, Mr. Perkins was apprized of his danger, and taking horse, he fled with all possible speed toward the Raccoon Ferry, on which he designed to cross the river to a more healthy latitude. He was followed by a multitude of exasperated citizens, armed with guns and other imple- ments of warfare. He managed to effect his escape, although he was repeatedly shot at; and when he reached the ferry, he was hatless and coatless, and his horse was reeking with perspiration.
Not hearing from his enemies for a few days, Mr. Per- kins emerged from his retreat, and had a warrant issued for the arrest of Mr. Fleming, on the charge of assault with in- tent to kill. The friends of the latter, who were quite numerous, combined together, and proceeding in force to the office of Benjamin Luce, Justice of the Peace, in one of the Dragoon buildings, they rescued their friend who was in custody, and giving him a horse, they escorted him in triumph to his home.
Undismayed by this repulse, Mr. Perkins had his enemy again arrested; but nearly a hundred friends of Mr. Flem- ing massed together for resistance, and coming to the Rac-
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OF POLK COUNTY.
coon Ferry, armed and equipped in military style, they or- dered Mr. Scott to take them across. This he refused to do, except on condition that they stacked their arms, and be- came peaceable subjects of law and order. With this con- dition they at last reluctantly complied, and they were taken over, entering the town unarmed. Fleming was examined in due form, the charges of Perkins found true, and the prisoner gave bonds for his appearance at the next term of the District Court. The Grand Jury, however, by that time failed to find a bill against Fleming, and Perkins, much against his inclination, had to give Fleming a bond. Thus ended what is called the Fleming War.
In connection with this circumstance, we deem it proper to present another of like character. A man named Hol- land, temporarily stopping at the Fort, was, by some means, suspected of complicity with Mr. Perkins in his invasion of the rights of Mr. Fleming. The Claim Club, already ex. cited by the late irritating events, banded together with hostile purpose, and proposed to execute vengeance on the culprit, by hanging him immediately. Before the rope was adjusted, Mr. Holland besought his enemies to give him time to make some farewell remarks. This favor being granted, he mounted a box, and made a speech which was so replete with strong reason and moving eloquence, that he at once disarmed his foes, and made them his fast friends. Never was the magnetism of human speech more potent than on this occasion.
EARLY SETTLERS' ASSOCIATION.
This Society was organized February 26, 1868. Its first officers were: President, Thomas Mitchell; Recording Sec- retary, R. L. Tidrick; Corresponding Secretary, Hoyt Sher- man; Treasurer, B. F. Allen. The first meeting was held in the Council Rooms, and twenty-five persons were present. Isaac Cooper was temporary Chairman, and Peter Myers 6
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CENTENNIAL HISTORY
was temporary Secretary. The Committee to draft Consti- tution and By-Laws was composed of Demas Robinson, J. A. Nash, J. M. Griffiths, G. W. Cleveland, and Hoyt Sher- man. Persons qualified to be Early Settlers at this meeting, dated their residence back to 1856, or prior to that time.
One of the first acts of this Society, at this meeting, was to pass suitable resolutions in memory of Dr. T. K. Brooks, whose death was then a recent occurrence. Hon. G. G. Wright, and Rev. J. A. Nash, were appointed a committee to report a biographical sketch of the Doctor at the next meeting, March 2d, 1868.
DR. T. K. BROOKS.
This gentleman, whose name figures so prominently in our annals, was born in Montpelier, Vermont, May 4, 1811. At the age of 24, he removed to New Lisbon, Columbiana county, Ohio, and became a student of medicine in the office of Dr. George McCook. He graduated at Starling Medical College, Columbus, and afterwards received a Diploma from the Jefferson Medical College, Philadelphia. He practiced medicine five years at Terre Haute, Indiana, where he mar- ried Miss Phœbe Barnes, Nov. 2d, 1843.
He removed to Iowa in September, 1845, and pursued his profession for five years, during which time he frequently manifested the kindness and benevolence of his nature, and his eminent skill as a physician. From 1845 until the pe- riod of his death, in 1868, he was often called, by appoint- ment, or by the suffrages of his fellow-citizens, to fill posi- tions of trust and importance; and he always acquitted him- self in these capacities in a manner which reflected honor on himself, and substantial good on his fellow-men. He was a Presbyterian, and a Mason. No pioneer who has passed from us through the gates of death, has left the fra- grance of a better or brighter memory as a legacy to sor- rowing friends.
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OF POLK COUNTY.
FIRST MEMBERS OF E. S. A.
At the second meeting of the Early Settlers' Association, March 2d, 1868, the following persons gave in their names as members: W. W. Williamson, Isaac Cooper, J. M. Griffiths, J. A. Nash, H. H. Griffiths, P. M. Casady, David Norris, Frank Nagle, Thomas Boyd, J. S. Cook, John Hays, R. L. Tidrick, C. S. Spofford, S. F. Spofford, Madison Young, R. W. Sypher, Ezra Rathburn, Wm. Baker, Thomas McMullen, W. A. Galbraith, G. W. Cleveland, Wm. De- Ford, Hoyt Sherman, Mrs. M. R. Sypher, J. B. Bausman, Peter Myers, H. H. Saylor, R. P. Peters, Mrs. S. F. Spofford, Thomas Mitchell, Thompson Bird, and J. C. Jordan.
THE DEAD OF E. S. A.
The following list includes the names of Early Settlers, so far as the records of the Association give information on this subject: T. K. Brooks, Walter Oyler, Thompson Bird, John Barlow, J. W. Laird, Benjamin Bryant, E. Sanford, Stewart Goodrell, Rev. Sanford Haines, J. W. Jones, C. Stutzman, Lewis Jones, Harry Stephenson, Madison Young, J. S. Cook (killed by falling from a stage in Colorado), Charles S. Spofford, Maria J. Hardin, M. E. Nordyke, John S. Dean, E. M. Bolton, John L. Smith, John McClain, T. W. Carpenter, H. H. Saylor, Jesse S. Dicks, and Alexander Bowers.
It was our good fortune to become personally acquainted with a large majority of the settlers whose names have just been given, and who have gone from among us to the silence and repose of the grave. No citizen of Des Moines was more widely known in his time than Benjamin Bryant, to whom reference is made in other places. We have had occasion elsewhere to speak of Rev. Thompson Bird, in con- nection with the rise and progress of the Presbyterian Church, and in reference, also, to many subjects of historic
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CENTENNIAL HISTORY
interest, with which his name has become identified. He died January 4th, 1869, having obtained recognition among us as a gentleman of pleasing and genial manners, and as a Christian minister of fine attainments and great usefulness.
Rev. Sanford Haines, who died January 11th, 1871, was extensively known through all this region of country, as a talented and popular Presiding Elder in the M. E. Church. Lewis Jones, who died April 18th, 1875, once taught school in Brown county, Ohio, and one of his pupils was Hiram S. Grant, afterward the celebrated Ulyses S. Grant, now Pres- ident of the United States. The writer of this history was attending the same school at the time.
Madison Young, a gentleman of unaffected goodness and purity of character, died October 21st, 1873, at Cincinnati. J. W. Jones died December 2d, 1873. Charles S. Spof- ford, son of Ex-Mayor S. F. Spofford, and a young man well known and greatly esteemed by a large number of friends, died January 6th, 1872. James Sherman, brother of Hoyt and L. P. Sherman of this place, and a gentleman of great popularity, died at Cincinnati during the war. He was a brother also of Gen. W. T. Sherman. John S. Dean, a fine old patriarch, full of years and honors, died Decem- ber 21st, 1872,
FIRST FESTIVAL.
The first festival of the Early Settlers Association was held in Capitol Square, October 12, 1868, Hon. Thos. Mitch- ell in the chair. Prayer was offered by Rev. De Forest; music by Collard's Brass Band, and an oration by Rev. J. A. Nash.
J. M. Thrift, one of the first fathers of the county, if not the first, read a paper full of interesting reminiscences of the olden times. Four hundred early settlers were present on the occasion ; and refreshments in abundance, improvised in pic-nic style, were spread before the waiting crowd.
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OF POLK COUNTY.
On the 6th of January, 1869, the ceremonies connected with the burial of Rev. Thompson Bird, were directed by the early settlers. Rev. J. A. Nash delivered the funeral discourse.
The last recorded festival of the E. S. Association, oc- curred August 30, 1873, on the grounds of the Driving Park Association. The day was excessively warm, the mer- cury standing at 102 degrees in the shade. The attendance was larger than usual, and the exercises were very interest- ing.
At this meeting the following officers were chosen: Pres- ident, Thomas Mitchell ; Vice Presidents, Isaac Cooper, John Hays, Frank Nagle, H. H. Saylor, D. V. Cole, John D. McGlothlen, J. C. Jordan, Benjamin F. Frederick, New- ton Lamb, and John McClain ; Recording Secretary, R. L. Tidrick; Corresponding Secretary, Hoyt Sherman ; Treas- urer, B. F. Allen.
HISTORIC ITEMS.
We find in the records of the E. S. Association that A. B. Fuller and P. H. Buzzard, made the first plow and wagon in the county. This occurred in 1847. We find also that the first drayman in Fort Des Moines was Michæl Kennedy, who came here in 1855. The first steam power was em- ployed by C. C. Van, who came here in 1848. The first stean power applied in journalism, was by John Teesdale, on The Register, in 1859.
The first stove store in the town was kept by Jesse S. Dicks, who came in 1849. Gen. N. B. Baker, writing in the records of the E. S. A., in his own characteristic style, remarks that he has looked over ten States, and finds Iowa the best of all.
Hoyt Sherman, jr., born in 1851, and C. W. Garrett, born in 1848, are both natives of Polk county.
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